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RESOLUTION No. R17-386
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF PLAINVIEW,
HALE COUNTY, TEXAS, EXAMINING EVIDENCE AND TESTIMONY
SUPPORTING OR DENYING THE MINIMUM HOUSING STANDARDS
BOARD'S ORDER TO DEMOLISH A STRUCTURE AFTER THE PERIOD
OF DAYS GIVEN PERSONS WITH REAL PROPERTY INTERESTS;
SUCH DETERMINATION WILL COMPLY WITH LAW REQUIRING A
GOVERNING BODY TO FIND A BUILDING IS OR IS NOT A NUISANCE
AND SUBSTANDARD STRUCTURE BEFORE DEMOLITION IN
PROTECTION OF A PERSONS' CONSTITUTIONAL RIGHTS.
WHEREAS, the City of Plainview Code Enforcement Department duly notified
persd"rts with real property interests for the structure located at 107 E. 6th Street, Plainview,
Hale County, Texas, of violations applicable to the City of Plainview Code of Ordinances
at Building Regulations, Chapter 3 and Offenses, Chapter 8, as well as any state laws;
and
WHEREAS, such persons notified of Plainview Code of Ordinances and state
violations failed to remedy those violations cited; and
WHEREAS, the City Code Enforcement Department then proceeded to notify all
interested parties of the property located at the above address of a Minimum Housing
Standards Board ("Board") hearing scheduled for March 16, 2017; and
WHEREAS, the City appeared at the hearing through its duly authorized
representative, but Caroline Galvan, Jason Galvan, and Joe Ray Galvan did not appear
though notified by certified mail, return receipt requested, and by publications; and
WHEREAS, the Board then heard testimony and took evidence offered by the City
and other interested parties in attendance, including statements, reports, and
photographs; and
WHEREAS, interested parties were concerned about the adjoining structures
being harmed by the demolition of such property; and
WHEREAS, upon hearing the testimony and evidence presented, the Board found
that the stated address was so out of repair as to be dangerous, unsafe, unfit for human
habitation or occupancy, and a hazard to the public health, safety, and welfare to the
community; and
WHEREAS, compliance with such Plainview Code of Ordinances and state
violations were ordered with all said repairs, demolition, removal and cleanup to be
completed on or before the expiration of thirty (30) days from the Board's Order; and
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Minimum Housing Standards Board /107 E. 6th Page 1
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WHEREAS, if such remedy is not completed within the time frame designated,
then any lienholder shall have an additional ten (10) days to bring said property into
compliance; and
WHEREAS, the Board ordered that absent any remedial action by parties notified
with an interest in said property, then the Code Enforcement Department is authorized to
complete the above -stated actions and assess the expenses thereof against the property;
and
WHEREAS, because the adjoining property owners and tenants were concerned
about the demolition, the Board further ordered that the City's demolition contractor have
a surety bond and liability insurance; and
WHEREAS, the City Council then heard evidence and testimony regarding the
Board's Order to review the Board's determination to comply with the Texas Supreme
Court's ruling in City of Dallas v. Heather Stewart, 361 S.W.3d 562 (Tex. 2012) and
thereafter; and
WHEREAS, in compliance with the Court's determination, the City Council, an
elected governing body, reviewed the evidence to determine whether it was substantial
enough to be considered a nuisance as well as dangerous, unsafe, unfit for human
habitation or occupancy, and a hazard to the public health, safety, and welfare to the
community thereby protecting a person's Texas Constitutional rights.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLAINVIEW, TEXAS THAT:
The City Council of the City of Plainview hereby determines that the evidence and
testimony presented shows that:
,.� (1) a substantial evidence review of the Board's determination that the
structure located at 107 E. 6th Street, Plainview, Hale County, Texas, constitutes a
nuisance and is dangerous, unsafe, unfit for human habitation or occupancy, and a
hazard to the public health, safety, and welfare to the community shows that substantial
evidence exists, and said property should be demolished in accordance with the Board's
Order.
(2) a substantial evidence review of the Board's determination that the
structure located at 107 E. 6th Street, Plainview, Hale County, Texas, constitutes a
nuisance and is dangerous, unsafe, unfit for human habitation or occupancy, and a
hazard to the public health, safety, and welfare to the community does not show that
substantial evidence exists to sufficiently protect a person's Texas Constitutional rights.
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474
This Resolution's public purpose is to assure that the property owners and
persons interested in 107 E. 6th Street, Plainview, Hale County, Texas are not deprived
of their Texas Constitutional rights.
PASSED AND APPROVED THIS 25th day of April, 2017.
ATTEST:
//1 -/-
Belinda Hinojosa, Sec a
J City ry
APPROVED AS TO CONTENT:
Cris Val erde, Community Development Manager
APPROVED AS TO FORM:
•
Le lie Spear chmidt, City Attorney
Wendell Dunlap, Mayor
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