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2017-04-20 Agenda with Backup Agenda Health and Building Standards Commission April 20, 2017 After determining that a quorum is present, the Health and Building Standards Commission will convene in a Work Session on Thursday, April 20, 2017 at 4:00 p.m. in the City Council Chambers at 215 E. McKinney Street, Denton, Texas at which time the following items will be considered: WORK SESSION 1. Clarification of agenda items listed in the Regular Session agenda for this meeting, and discussion of issues not briefed in the written backup materials. REGULAR MEETING The Health and Building Standards Commission will convene in a Regular Meeting of the Health and Building Standards Commission of the City of Denton, Texas which will be held following the Work Session on Thursday, April 20, 2017 in the City Council Chamber at 215 E. McKinney Street at which time the following items will be considered: 1. PLEDGE, OF ALLEGIANCE: A. U.S. Flag B. Texas Flag "Honor the Texas Flag— I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. CONSIDER APPROVAL OF THE IIl?ALTH AND 131.i1L1)NG STANDARDS COMMISSION MINUTES FOIL: A. February 16, 2017 3. PIJBLIC HEARING: A. Hold a public hearing to affirm or reject an order by the Building Official to declare a structure substandard.The structure is located at 601 Rose Street.(Heather Dow)HaBSCo Case# CIS1610-0268. 4. FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act,respond to inquiries from the Health and Building Standards Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting. A. Hold a discussion regarding the Health and Building Standards Commission meeting scheduled for May 18, 2017. 5. ADJOURN: NOTE: THE HEALTH AND BUILDING STANDARDS COMMISSION RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING AT ANY TIME REGARDING ANY ITEM ON THE AGENDA FOR WHICH IT IS LEGALLY PERMISSIBLE. NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 4 8 H O U R S I N ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT (940) 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of Denton, Texas, on the day of , 2017 at o'clock (a.m.)(p.m.) CITY SECRETARY 2 HEALTH AND BUILDING STANDARDS COMMISSION STAFF REPORT HEALTH AND BUILDING STANDARDS COMMISSION STAFF REPORT - 601 ROSE ST HaBSCo Case# 1610-0268 April 20,2017 CIS Officer Heather Dow, Building Inspector Supervisor Billy Ewton TABLE OF CONTENTS PURPOSE............................................................................................................................................................ 3 GENERALINFORMATION .................................................................................................................................... 3 CODEVIOLATIONS ON PROPERTY...................................................................................................................... 3 LOCATION REFERENCE MAP (DCAD-GIS).......................................................................................................... 12 AERIAL OVERHEAD IMAGE (DCAD-GIS) 2013 ................................................................................................... 13 AERIAL OVERHEAD IMAGE (DCAD-GIS) 2015 ................................................................................................... 14 INSPECTIONPICTURES ..................................................................................................................................... 14 central appraisal district property information(UPDATED) ............................................................................... 16 NOTICEand order............................................................................................................................................ 21 RECOMMENDATION......................................................................................................................................... 34 SUGGESTEDMOTION ....................................................................................................................................... 34 ALTERNATIVES...............................................................................................................................................- 34 ADDITIONALINFORMATION............................................................................................................................. 35 RECENT INSPECTION PHOTOGRAPHS ............................................................................................................ 35 ADDITIONALINFORMATION............................................................................................................................. 38 COUNTY FILED DOCS RE: OWNERSHIP........................................................................................................... 38 ADDITIONAL INFORMATION TITLE ABSTRACT REPORT..................................................................................... 60 Page 12 Subject: 601 Rose St Aaenda Date: April 20,2017 Staff. Officer Heather Dow,Building Inspector Supervisor Billy Ewton Case: 1610-0268 PURPOSE Hold a public hearing to determine if the structure(s)on this property is dilapidated, substandard and unfit for human habitation. GENERAL INFORMATION Record of Title appears to be vested in Colby Kizer with Denton County Clerk. Pursuant to procedure all parties have been notified of the current status reeardine the property in Question. CAROL DAVIS 601 ROSE ST DENTON TX 76209 1500 TOMMIE THOMPSON 2415 BOWLING GREEN DENTON TX 76201 1517 JEAN ANN HARRIS 450 HICKORY CREEK LN KRUM TX 76249 1524 COLBY KIZER 2102 N TRINITY RD DENTON,TX 76208 1494 ZACHARIAH DAVIS 2436 S VALLEY PKWY APT 7203 LEWISVILLE TX 75067 Location: 601 Rose St,Denton TX 76209 Legal Description: Being Lot 4,Block 3,of COLLEGE BEAUTY ADDITION,to the City of Denton,Denton County, Texas, according to the Plat thereof recorded in Volume 198,Page 365, Deed Records of Denton County,Texas. Following a public hearing,the Commission shall determine if structure(s)on the property are dilapidated,substandard and unfit for human habitation and constitute a hazard to the health,safety and welfare to the citizens of Denton. Substandard conditions,as defined in Chapter 17,Articles XII and XIII of the City of Denton Ordinances,exist when any of the following exists to the extent that would endanger the life,limb,health, property,safety or welfare of the public or the occupants of a building: CODE VIOLATIONSON "PROPERTY Page 13 CHAPTER 17 ARTICLE XIII. BUILDINGS AND BUILDING REGULATIONS DIVISION 2. MINIMUM STANDARDS Sec. 17-153. Exterior structure. The exterior of a structure or accessory structure must be maintained in good condition, structurally sound and kept clean and sanitary so as to protect the health,safety and general welfare of the public. (a) Protective treatment. Exterior surfaces, including but not limited to walls, windows, doors, door and window frames, cornices,porches,trim,balconies,decks and fences shall be maintained in good and reasonable condition.Exterior wood surfaces,other than decay-resistant woods, shall be protected from the elements and decay by painting* or other protective covering or treatment. Peeling, flaking, chalking, and chipped paint shall be eliminated and surfaces repainted*. Siding and masonry joints as well as those between the building envelope and the perimeter of windows,doors,and skylights shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. * 'Pre-1978 housing units undergoing paint removal or stabilization may be subject to "safe work practices" as promulgated by the Environmental Protection Agency. Reference should be made to current federal regulations prior to the initiation of work. (a) Process ventilation. Where injurious,toxic,irritating or noxious fumes,gases,dusts or mists are generated,a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. Sec. 17-166. Mechanical facilities. Heating and air conditioning facilities shall be maintained in structures as required by this article. (a) Heating. Every dwelling unit and guest room shall be provided with heating facilities capable of maintained a room temperature of 68'F at a point three(3)feet above the floor in all habitable rooms. Such facilities shall be maintained in a safe condition and in accordance with the adopted building code,the adopted mechanical code and all other applicable laws. Unvented fuel-burning heaters shall not be permitted as the sole source of heating for any room or space. All heating devices or appliances shall be of an approved type,and at no time, shall cooking appliances be used to provide space heating to meet the requirements of this article. (b) . . . Sec. 17-167. Mechanical equipment. (a) Mechanical appliances. All mechanical appliances,fireplaces, sold fuel-burning appliances,cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition,and shall be capable of performing the intended function. (b) Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Fuel-burning equipment and appliances which are labeled for unvented operation are excepted from this requirement. (c) Clearances. All fuel burning equipment shall be provided and maintained with all required clearances to combustible materials, as required by chapter 28 and 29,and by manufacturer specifications. (d) Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation. (e) Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel- burning equipment shall be provided for the fuel-burning equipment. (fl . . . Sec. 17-168. Electrical facilities. Every structure provided with an electrical system shall be maintained in safe operating condition,and compliant with the requirements of this articles and all other adopted codes of the City of Denton. Page 14 (a) Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets,improper wiring or installation,deterioration or damage,or for similar reasons,the code official shall require the defects to be corrected to eliminate the hazard. Sec. 17-169. Electrical equipment. (a) Installation. All electrical equipment,wiring and appliances shall be installed and maintained in safe operating condition. All electrical equipment shall be listed and labeled for the proposed use. (b) Receptacles. Every habitable room shall contain at least two(2)supplied electrical convenience outlets or one(1) convenience outlet and one(1)supplied electrical light fixture. Every bathroom,laundry room, interior stairway, kitchen,boiler room, furnace room, and public hallway shall contain at least one(1)supplied electric light fixture. Electrical circuits and outlets shall be maintained in a safe operating condition and shall be sufficient to safely carry a load consistent with the standards contained in the version of the National Electrical Code most recently adopted by the city. Ground-fault circuit-interrupter protected receptacles shall be provided in the following locations: (1) Bathrooms; (2) Kitchens where the receptacles are installed to serve the countertop surfaces;and (3) Laundry, utility, and wet bar sinks where the receptacles are installed within six(6)feet of the outside edge of the sink. Sec. 17-172. Means of egress. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International fire Code,the International Building Code,or be approved by the building official or fire official. (a) Aisles. The width of aisles required by the International Fire Code,the International Building Code or approved by the building official or fire official shall remain unobstructed at all times. (b) Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys,special knowledge or effort,except where the door hardware conforms to the International Building Code or is permitted by the building official or fire official. (c) Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction,and the following: Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars,grilles,grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time on construction and such devices shall be releasable or required for normal operation of the escape and rescue opening. Sec. 17-174. Fire protection systems. All systems, devices,and equipment to detect a fire,smoke,actuate an alarm,or to suppress or control a fire,or any combination thereof, shall be provided and maintained in operable condition at all times in accordance with the adopted International Fire Code. (a) Smoke alarms. All single or multiple-station smoke alarms,regardless of occupancy type or occupant load,shall be maintained in operable condition at all times in the following locations: (1) On the ceiling or wall outside of each separated sleeping area in the immediate vicinity of bedrooms and in each room used for sleeping purposes. (2) In all dwellings or dwelling units with open, split levels that do not have a door between the levels,including areas of basements and cellars,but not uninhabited attics or crawl spaces, smoke alarms installed on the upper level shall suffice as adequate coverage for the lower level,provided that the upper level is not more than one(1)story above the lower level. Smoke alarms, single or multiple-station,must be installed in other types of group occupancies in compliance with the requirements of the adopted International Fire Code. (b) Power Source. Smoke alarms shall receive their primary power from the building wiring,be permanent,without a disconnecting switch other than for over-current protection,and be equipped with a battery backup. In a building where no construction is taking place,or where there is no access to a municipal or commercial power source,or in an existing building undergoing repair or alteration which does not include the removal of a wall or ceiling exposing the structure, battery powered smoke alarms are permitted. Page 5 (c) Interconnection. All smoke alarm systems shall be interconnected as required,and shall be installed and maintained in accordance with the International Fire Code, International Building Code and International Residential Code as adopted and amended by the City Council of the City of Denton. DIVISION 3. DANGEROUS STRUCTURES Sec. 17-181. Conditions or defects constituting dangerous structure. (a) For the purpose of this Chapter, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building or structure and a public nuisance, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered, as defined by this Chapter or State law. (1) Whenever any door,aisle,passageway,stairway or other means of exit is not of sufficient width or size,as defined in Sec. 17-173, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. (2) Whenever the walking surface of any aisle,passageway,stairway or other means of exit is so warped,worn,loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (3) Whenever any portion thereof has been damaged by fire, earthquake,wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than before such catastrophe and is less than the minimum requirements of the Building Code for buildings of similar structure,purpose or location. (4) Whenever any portion or member or appurtenance thereof is likely to fail,or to become detached or dislodged,or to collapse and thereby injure persons or damage property. (5) Whenever any portion of a building or structure, or any member, appurtenance or ornamentation of the exterior thereof is not of sufficient strength or stability,or is not so anchored,attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for such buildings or structures. (6) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar construction. (7) Whenever the building or structure,or any portion thereof is likely to partially or completely collapse because of: i) dilapidation,deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building or structure; (iv) the deterioration,decay or inadequacy of its foundation;or (v) any other cause. (8) Whenever,for any reason,the building or structure, or any portion thereof, is unsafe for the purpose for which it is being used. (9) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become: (ii) a harbor for vagrants,criminals;or (iii) enables persons to resort thereto for the purpose of committing unlawful acts. (10) Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (11) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the code official to be unsanitary, unfit for human occupancy or in such a condition that is likely to cause sickness or disease. (12) Whenever any building or structure, because of dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction, faulty electrical wiring, gas connections or heating apparatus, or other cause, is determined by the code official to be a fire hazard. (13) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. Page 6 (14) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or structure or portion thereof an attractive nuisance or hazard to the public. (16) Any building or portion thereof,or the premises on which the same is located,in which there exists any condition or defect prohibited by, or inferior to the minimum standards defined in Division 2,to an extent that endangers the life, limb, health,property,safety or welfare of the public or the occupants thereof CASE CHRONOLOGY Page 1 7 4512017 C'in of Denton-NET Page 1 Case Activity History CODE ENT'ORCE-\IF\T Case Namher CIS1610-0268 Opened 1042016 HD Case Name unfit for human habitation Closed Type DANGEROUS BLILDLNGS Last acted, Subtr7e RESIDE\TLAL Fallow Up 1 2 2017 HD Status NOTICE FLAILED Description: Site Address City State Zip Site APN 601 ROSE STT DENTO'N TX 76209 R29433 Owner KIZ,ERCOLBY Reideat address 2102 TRI\TTY RD Denton TX 76209 action Date Completion Date Action Type Action By AcWji Descripf en 4 5 2017 CERT NLAIL Heather Dose (4 5 2017 738.01 ANI HD)Action Created (4-5,2017 7:35A1,1HD) NOTICE OF PUBLIC REARM COLBY KIM CERT MAIL 3511 44 2017 INSPECTION Heady Don• (4 5,2017 7:38:24 AM HD)Action Created 442017 CON SE\-I FOR'1 HeatheaDon (43:2017 7:38.24 AIM HD)Action Created (452017 739 Ah1 HD) SICENTM CONSENT FOR)61-INSPECTED STRUCTURE'%M OFFICER DEBT ANM BI SUPERVISORMON 3302017 'NOTES Heats Dow (3 312017 2:53:23 PM HD)Action Created (3312017 2:53 PIM HD) SPOKE RTTH JOSH FROM BI...HE SE\T MR KIZER ANOTHER I+iSG STATING THAT THE PERUT aPP VM1 BE PULLED ON THE 3-22 IF THEY DONT HEAR FROM HMI OR LT LOAD THE REQUESTED INFO.IN 7 DAYS.SI\CE THERE WAS STILL NO CONTACT THE PEEWT REQUEST HAS BEEN PULLED 2121 2017 TELF.PHOVECONLACT Hewer DDW ( 21;201712 30.49 PAI HD)Action Created (1 21,201712:30 PhI HD) 4x"With Josh«ith BI and he has tried to communicate With mr Kizer about Betting the pe=t finished up before it is pulled.He has sent him sat oral emaik pith no reply. .ODD-VM- ENIF-K ACTII'ITIES CRW Y'>>!A," Cas�R: ReporlBy: A»tened Officer: Heather 0ow Page 8 CRWSYSTEA Action Date C ompletiou Date Action Ti pe Action By f Adios Description L"1201, NOTES Heather Daa (3.'312017 2 5 7:04 Phi HD)Action Created (3,31,2017 1-57 MI HD) MR I.R STARTED THE PER n7 PROCESS 1,2,2017 TELEPHONE CO\7ACT Htadxr Dos (':12017:-56:30 PM HD)Action Created (1 312017 2:56 MI HD) LEFT A!ISG FOR MR KMER TO MIND HN TI[AT I NFFDFD TO SEE A PERMIT IN PLACE:OR WE WOULD PROCEED 11,21201v TELEPHONE CO\7TAC'T Heather Dons (11-2v'20161:53:01PMHM fiction Created (11' 20161:53PM10 see attached audio file 11,212016 E).LjIL Heather Darr Case#: CIS161MZ68 ReportRy: HeatherDow Assigned Officer —Dow Page 9 Action Date Completion Date Action Type Action By f Action Description G 122 2016 9 0_:02 ANI HD)Action Created (11,2y 2016 9:03 AM HD) LEFT A MSG FOR KOBLY KIZER-HE LEFT ME A hiSG ON FRI STATNG THAT HE WAS THE OWNER OF THE HONE AND THAT HE WOULD BE SECLIZI G THE PROPERTY. 1 22,2016 TELEPHONE CONTACT Head=Don (1244201610.13-05 ANI HD)Amon Created (1214201610:13 ANI HD) SPOKE TO MR KI ER AND HE ASSURED ME THAT THE HONE IS SECL=NOW. %E ALSO DISCUSSED THE PROCESS OF HABSCO.HE WILL CONTACT ME JAN 2 2017 WHICH UITLL GIVE HM THE ME TO APPLY FOR TCASSARY PERMITS. 11,15,2016 TELEPHONE CONTACT Hewer Don (I V212016 8:54:54 MINI HD)Action Created (11-2,222016 8:54 AM HD) SPOKE TO TO\LI,IY THOMPSON—SHE WAS A FAMILY hE,1BER LISTED ON OUR TITLE SEARCH.SHE HAD NOT BEEN N CONTACT WTH THE DECEDEM SONS FOR YEARS A_ND ALSO STATED THAT SHE DID NOT KAVE s\Y Ml EREST L\THE PROPERTY.SHE WAS ONlY RELATED BY NJARRLAGE AT ONE UME.I TOLD HER THAT SHE NVOLLD BE RECIEVINO A FEW LETTERS FROM 1t E XND THAT SHE COULD JUST DISPOSE OF THEM 11:15,2016 NOTICE-OQ'NER Heather Don U L 16 2016 8:56:25 ANI HD)Acton Created 11:'15 2016 NOTICE-OWNER Headhea Dote (11 16-2016 8:56:24 ANI HD)Action Created 1 t,15MM NOTICE-OWNER Heather Don (I L 162016 8:56:24 AM HD)Action Created 11,152016 NOTICE-OWNER Heather Don (I I-L6.2016 8:56:24 AM HD)Action Created 11.'15,2016 CERT NVdL Heather Dow — — COD=E`iF0RCENMN7-AC,71'MS CRw Cased: CISMU-UMS Report By .ea' :lkv, Assigned Officer. Heather tF Page 10 Action Date Completion Date Action Tvpe Action By Action Description (11162016 8:37:13 AM HQ)Action Created (11`16'2016 8:3 7 AM HD) COLBY KMER 21021 TRINITY RD DENTON A' 76208 1494 (11+16'2016 8:55. I HD) CAROL DARTS 601 ROSE ST DE\?ON TX 762f9 M 15 DO TObL61IE THO%IPSON 2415 BOA NG GREEN DENTON TX 76201 7012 /i17 1Ek AN\HARRIS 450 HICKORY CREEK LN KRUM TX 76249 1524 COLBY KU2ER 2805 GLEN FOREST U PLk O TX75013 7012 2920 C001 71021 1531 ZACFURIAH DA,AS 2436 S 1,ALLEY PKtI APT 7203 LEL�?S ULE Tk 75067 2920 0M 1 T 1021548 1 i NOTES Heather Dow (11'15 2016 4-40:30 PM HD)Action Created (I V 152016 4:40 PM HD} opened vac aril mmcme case to-dav mcm-ed title rep m (l V 152016 4-42 PNI HD?, posted DB notice 11.'15,2016 NOTICE-O'{\EP. Heather D aw (11 15 2016 4::8:41 P41 HD)Action Created 11"15.2016 INSPECTION Heatber Dow (11 15 2016 4:38:41 PM HD):notion Created ......... .......... .....__..._...__ _.._.__._�._.._..- .._... _.._.._.. 11-15,2016 NOTICE-OANNER HeadmDote (11162016 8:56:32 ANI M)Action Created 1062016 CASE OPENED Heather Dow (10,'6 2016 3:30.37 PM HD)Act ion Crated 10'6,2016 INSPECTION Heather Dow (10-62016 3:30-37 PM HD)Action Created Cases: �1�02 Report TINea ter ow Assigned Officer er DOCt' Page 11 LOCATION REFERENCE MAP 28723 33908 P534771 29481 33913 33907 6 29479 28727 29438 28473 33903 33945 33944 I 28732 29433 636456 8aiijrr 5t 29430 Lehri 2874 33900 33947 33950 95933 216780 33697 216779 3.2454 2S-423 29462 32456 33952 180976 29459 33682 336840 3 29455 33160 V) Wand S1 3317 y 31311 E 3' 33185 iF 5574 172675 33161 U. Pagel 12 AERIAL OVERHEAD IMAGE (DCAD-GIS) 2013 •r A - 1 F-- AERIAL • 2015 • �.� - _y 03 - 6 33944 2a333 c tF IL I'll iROOM,— , o0e180976 3U. !' INSPECTION PICTURES Page 1 14 � - � ,+,� ` �� �: '"fit �'►, , �e� t'"Yv +• �n r � �EJ 4i,V1i f rmw -- ' 1 I i • I OO NOT ENTER / - ,� UNSIIFETO OCCUPY I ' (jr IT IS A"IS DIM MOP TO -!1� •w OCCHY THIS TWANG OB 10 OEFCCECFI CEHOPE ti J. THISNOTICE S 9OIlOINC ORICIAL CnYOFOINTON Page 15 1 t r CENTRAL APPRAISAL DISTRICT PROPERTY INFORMATION (UPDATED) Denton Central Appraisal District I Details Page I of 4 Details for Property 29433 General Information 601 ROSE ST 76209-434 3 $30,3W.00 Oymer DAVISI:APCIL 1• 100% Owner ID 451602 Owner Mang Address 601 ROSE ST DENTON.TX 76209-4345 Nropwly Type Real"orly Living Area Mill, :less 2•RESIDENTIAL(FRAME► Legal Descnpbon COLLEGE BEAUTY ADDN BLK 3 LOT 4 10%1661:IAB185 Geogrwh.e ID SDO(u6A.000003-(XW 0004 0000 Sijhdr %x>n COLLEGE BEAUTY ADON-,00046A Neightxcno.)d COLLEGE VI£W,PR A0185A.9ELLCC,DORIS SEA14,FRANKJO-OC' 1 H Taxing Aaisdicboos COS(DENTON CITY OF) S05(DENTON ISD) G01 (DENTON COUNTY) htt ts:�rv►•K-w.dentonctld.corn=homddetiuis'?scarclT--29433&year-2O17 41512017 Page 1 17 Denton Central Appraisal District Details Page z of 4 2016 Values Total Improvement Value $10,059 H Land Horreesite Valtre S19,521 00 Land Nort-Homesile Value $O.N Agricultural hlaeke t Value $0 00 Timber Market Value $0 00 1 aril Minkel Value NO 0 I Agricultural Use;Reduction $O N Timber Use Reduction $0 N Homestead Cap $O,N Aplxeise-4 Value 5 lc7 +io7(RI Assessed Valuer $30,3AO 00 Improvements Glass t}escrlption Square E""live Year Year 2016Improvemeot Feet Built Built Value 2-RESIDENTIAL (FRAME) MAIN AREA 776 1250 1940 Improvement Total 776 $10,859,00 Land Segments Type Acres Area 8•RESIDENT LOT 01974 8600 W htip,i:i/www_dcntonc ad.com,bonic/degai Is"search=29433&ycar-2017 Page 18 Denton Central Appraisal District I Details Subdivision Stats for COLLEGE BEAUTY ADDN Minrmurrt Murknl $21.333.00 Med41n Market $47,307 00 Mav,mum Markel $154,5715 00 Mv,d,an Living Ame 968 rys This Property Petcdnt Difference From Median Markel •36,95%(rounded) Percent Difference From Mardian Lfv rq Area -21.97%(rounded} Stats Per Class for COLLEGE BEAUTY ADDN 3-RESIDENTIAL(FRAME) Properiy Count 12 N4e&,v9 Market $93.959 00 Mivli n Living Arf-a 1,075 2-RESIDENTIAL(FRAME) fir.-,p-rtv C.mint 8 M-1-j,,Markel $35,249 50 Medan Living Area 856 6,RESIDENTIAL(BRICK) PfGf.Wfty C:ourit 5 M,-'an Market $115,583 00 Metfian Living Area 1,229 https:;. k512017 Page 19 Denton Central Appraisal District[Details �Page 4 ol'4 2016 Estimated Taxes Entity lair Rate Per S1100 Taxable Value Exttmatrd Taxes Tax Calling Amount DENTON CITY of C I,S 0,68334% S30.380 $207.60 � DENTON COUNTY - `3oi 0-2484D9% S30.390 $15,47 a DENTON ISD 1 64% $30.380 $467.85 a Estimated Total Taxes $750.92 DO NOT PAY BASED ON THESE ESTIMATED TAXES You will receive an ofnaal tax bill from the appropriate agency when they are prepared Taxes are collected by the agency sending you the official tax bill To see a Ilsiing of agencies that collect taxes for your property,c:l ck nara The estimated taxes are provided as a courtesy and should not be ratted upon in making financsal or other decisions The Denton Central Appraisal Distnct(OCAD)does not control the tax rate not lute ammnl of the taxes,as that is the responsibility of each Taxing Jurisdsctlort Questions about your taxes should be directed to the appropriate taxing Jurisdiction_These tax estimates are calculated by using the taxable value as of 6-00AM multiplied by the most current tax rate,It does rat lake into account other special or u"ue tax scenarios Deed History Dots Type Seller Buyer Deed Sale;Price Number 2002-07- WARRANTY THOMPSON,BONNIE DAVIS CAROL J 02-95159 tlnavat+able 31 DEED L 19W12- WALLER,PERRY THOMPSON,BONNIE 1 CONVERSION WALLER, L lJnavatraote BUTTON.CLARA 6 R WALLER,PERRY CONVERSION PER WILL unevadntrlN F ETAL Real Estate Sales By N=.,gnborf5ord COt LEGE VIEW PR A0185A BFLLCC,DORIS BFAN,FRANK JO Sates wit— By. ,�--n S00005A Snip%with" Hti c t,; DLN TON CI rY GI Sales witr+rt ' By S,-,00, DENTON ISO Sales„rtt.m ' is:/www,dentoticad_canrhomr details'?scarch=2943&ycat=2017 4 5r2017 Pagel 20 F-- NOTICE AND ORDER CITY i OF - 1 ON, TX 76205 • TEL FPHO Community Improvement Services Division November 15,2016 COLBY KIZER 2102 N TRINITY RD DENTON TX 76208 NOTICE AND ORDER Por favor flame al 940-349-8743,si necesita este aviso en Espanol. This notice is given regarding structure(s)and premises located on the property at: Site Address: 601 Rose St 76209-4345 Property ID: 29433 Legal Description: College Beauty Addn Blk 3 Lot 4 10/166///abl 85 One or more structures located at 601 Rose St 76209-4345, are considered dangerous and do not meet minimum building standards. According to Denton County and City of Denton records,you may have a vested interest in this property. This is a violation of the Property Maintenance Code,Chapter 17,Article 13 of the City of Denton Code of Ordinances. As a result,the City of Denton is notifying you to repair or demolish the structure(s)on your property. Page 121 All items listed within this notice must be taken care of prior to the specified re-inspection date. Unless an extension has been granted by the CIS Officer,a re-inspection will be conducted within thirty(30)days of the date of this notice,on or about December 15,2016. The following property conditions and code violations were noted during a visual inspection of your property from public right-of- way,and are listed below: IN REFERENCE TO THE PRIMARY STRUCTURE; UNFIT FOR HUMAN HABITATION: City of Denton Code of Ordinances: CHAPTER 17 DIVISION 2. MINIMUM STANDARDS Sec. 17-153. Exterior structure. The exterior of a structure or accessory structure must be maintained in good condition, structurally sound and kept clean and sanitary so as to protect the health,safety and general welfare of the public. (a) Protective treatment. Exterior surfaces, including but not limited to walls, windows, doors, door and window frames, cornices,porches,trim,balconies,decks and fences shall be maintained in good and reasonable condition.Exterior wood surfaces,other than decay-resistant woods, shall be protected from the elements and decay by painting* or other protective covering or treatment. Peeling, flaking, chalking, and chipped paint shall be eliminated and surfaces repainted*. Siding and masonry joints as well as those between the building envelope and the perimeter of windows,doors,and skylights shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. * "Pre-1978 housing units undergoing paint removal or stabilization may be subject to "safe work practices" as promulgated by the Environmental Protection Agency. Reference should be made to current federal regulations prior to the initiation of work. (b) Premises identification. (1) The owner of every house and building in the city shall place the street number assigned by the Building Inspections division in some conspicuous place on or near such house or building so that the number may be plainly seen from the street. 2)The house numbers shall be at least four inches high and shall be made of some bright metal or material in a color which is in clear contrast with its background. (c) Structural members. All structural members of walls,roofs,partitions or other supports shall: be maintained so as to not sag, split, lean, list or buckle due to defective material or deterioration;be of sufficient size to carry all imposed loads safely; and,not show any other evidence of structural fatigue. (d) Foundation walls. All foundation walls shall be maintained plumb, and free from open cracks and breaks, and in such condition so as to prevent the entry of rodents and other pests. Page 122 (e) Exterior walls. All exterior walls shall be maintained free from holes,breaks, loose,missing,or rotting materials,and all exterior walls and exposed surfaces shall be maintained to protect them from the elements and against decay or rust, by periodic application of weather coating materials,such as paint or similar surface treatment. (f) Roofs and drainage. Any and all repairs or replacements of roof coverings or materials shall utilize approved roofing materials and shall be installed in accordance with the manufacturer's installation requirements. Roof coverings shall not be missing or completely lacking, broken,rotted, split, curled or buckled. The roof, roof coverings and flashing shall be maintained in a sound and tight state without defects that may admit rain or surface drainage water. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains,gutters,and downspouts shall be maintained in good condition and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. (k) Window, skylight and door frames. Windows, skylights, doors and all framework shall be maintained in sound, good condition,and weather tight. (1) Glazing. All glazing materials shall be maintained free from open cracks and holes that could admit wind or moisture. (m) Openable windows. At least one window per sleeping room shall be easily openable and capable of being held in an open position. If there is an operable exterior door in the room,this section does not apply. (n) Insect screens. During the period from April I"to October 3111,every window which opens directly to or from an outdoor space shall be equipped with a tightly fitting insect-proof screen of not less than 16 mesh per inch. Screens shall not be required where other approved means,such as air curtains,air conditioning or insect repellent fans,are employed. (o) Doors. All exterior doors,door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. (q) Building security. All doors, windows, hatchways, or other openings that allow access to the interior of an occupied structure from the exterior shall be provided with operable and properly maintained security devices that require no special knowledge or effort to use. All unoccupied structures must be secured from unauthorized entry by means of locking or boarding up all possible access points to the interior of the structure until such time as the structure may be safely re-occupied or is repaired or demolished. (r) Door locksets. Exterior doors providing access from the interior of a structure to the exterior shall be equipped with a doorknob lock, single-cylinder dead bolt, or sliding door pin lock with a bar, maintained in good, operable condition and requiring no special knowledge or effort to use. Exterior doors to any unit used for dwelling purposes shall also meet the requirements of Texas Property Code,Chap. 92, Subchapter D, Sec. 92-153. (s) Windows. All operable windows within a structure are required to be equipped with a locking security device that is maintained in good operable condition and that requires no special knowledge or effort to operate. In addition,the locking device for any window which opens in any part within 6 feet of the ground level or above a walking surface must operate without a key, and open only from the interior. Sec. 17-154. Interior Structure. The owner and manager shall maintain the interior of a structure and equipment in a good, structurally sound, and sanitary condition. Occupants shall maintain that part of the structure which they occupy or control in a clean and sanitary condition. The above conditions include,but are not limited to,the following: (a) The owner and manager shall maintain all structural members structurally sound, and capable of supporting the imposed loads. (b) The owner and manager shall maintain all interior surfaces, including windows,doors,ceilings,floors and walls, in good, clean, safe and sanitary condition. Peeling, chipping,flaking,or abraded paint* shall be repaired,removed,or covered. Deteriorated,crumbling,cracked, or loose plaster,decayed wood,and other defective surface conditions shall be corrected. *Pre-1978 housing units undergoing paint removal or stabilization may be subject to"safe work practices: as Page 1 23 promulgated by the Environmental Protection Agency. Reference should be made to current federal regulations prior to the initiation of work. (c) The owner and manager shall maintain every stair,ramp,landing, floor or other walking surface in good repair and in sound condition. (d) The owner and manager shall ensure that handrails and guards shall be firmly secured to withstand normally imposed loads,and be maintained in good repair. (e) The owner and manager shall ensure that every interior door fits reasonably well within its frame and is capable of opening and closing,by being properly and securely attached to jambs,headers,or tracks as intended by the manufacturer of the attachment hardware. See. 17- 156. Extermination. The owner shall maintain all structures and exterior premises reasonably free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination,the owner shall take proper precautions to prevent re-infestation. The owner,manager and occupant shall maintain those portions of the interior of a structure under his or her control free from rubbish,garbage, and other substances that may encourage infestation by insects,rodents,or vermin,and from all unsanitary conditions. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied,the occupant shall be responsible for extermination. See. 17-157. Light. (a) Habitable spaces. Every habitable space shall have at least one(1)window of approved size facing directly to the outdoors or to a court. (b) Common halls and stairways. Every common hall and stairway in residential occupancies,other than in one-and two- family dwellings, shall be well-lighted at all times. In occupied buildings other than residential occupancies, interior and exterior means of egress, including stairways,shall be illuminated at all times at floors, landings,and treads. (c) Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances,equipment and fixtures. (d) Exterior lighting. Exterior illumination must be operational. Sec. 17-158. Ventilation. (b) Habitable spaces. Every habitable space shall have at least one(1)openable window. The total openable area of the window in every room shall be equal to at least forty-five(45)percent of the minimum glazed area required in Section 17-157(a). where rooms and spaces without openings to the outdoors are ventilated through an adjoining room,the unobstructed opening to the adjoining room shall be at least eight(8)percent on the floor area of the interior room or space,but not less than twenty-five(25)square feet. The ventilation openings to the outdoors shall be based on a total floor area being ventilated. (c) Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Sec. 17-158(a),except that a window shall not be required if equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors,and shall not be recirculated. (d) Cooking facilities. All rooms and other enclosed spaces shall be ventilated in a manner sufficient to keep them free of excessive heat, steam,condensation,vapors,offensive odors,smoke,and fumes. Further,habitable spaces may not be used as cooking facilities,unless: (1) Approved through a certificate of occupancy; (2) Approved in writing by the code official;or (3) Only allowable devices are being used. Coffee pots and microwaves are not considered cooking appliances. (e) Process ventilation. Where injurious,toxic, irritating or noxious fumes,gases, dusts or mists are generated,a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to an y space. (f) Clothes dryer exhaust. Dryer exhaust systems shall be independent of all other ventilation systems, and shall covey the moisture to the outdoors,unless ductless,condensing clothes dryers are installed. Intake and exhaust air ducts shall be maintained in such a manner as to prevent the entrance of dust,dirt,and any other contaminating materials. Sec. 17-160. Required facilities. Page 1 24 Every dwelling unit shall contain its own bathtub or shower, lavatory,water closet and kitchen sink,each of which shall be maintained in a sanitary,safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. Sec. 17-161. Major appliances.* If major appliances are provided in rental units,they shall be maintained in operable condition. If provided major appliances become in need of repair,a reasonable length of time will be allowed for the landlord to make the required repairs to said appliance. *Major appliance includes,but is not limited to: Refrigerator,range,wall oven,cooktop, or range hood. Sec. 17-162. Plumbing systems and fixtures. All plumbing fixtures, facilities,and systems shall be maintained and connected in compliance with the adopted codes of the City of Denton, so as not to pose any health or sanitation hazard. All occupied areas and all plumbing equipment and facilities shall be maintained in a clean, sanitary,and safe condition at all times,and all connected plumbing fixtures and heating equipment shall be maintained in compliance with applicable laws. Owners or managers shall take immediate action to clear stoppages and partial blockages of all sanitary sewer systems. Within twenty-four(24) hours after notice of a malfunctioning sewer system,properly functioning sewer service shall be reinstated. However, if a city permit is required due to the extent of the repairs,a properly functioning sewer service shall be installed in a reasonable period of time in light of the required repairs. Sec. 17-163. Water system. All plumbing fixtures shall be properly connected to plumbing systems are required by adopted codes and ordinances of the City of Denton,be maintained so as not to pose any health or sanitation hazard, and be provided with both hot and cold running water. (a) Contamination. The water supply shall be maintained free from contamination,and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets,janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place,shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker. (b) Supply. The water supply system shall be maintained to provide a supply of water to plumbing fixtures,devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly,safely,and free from defects and leaks. (c) Water heating facilities. Water heating facilities shall be properly maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory,bathtub, shower and laundry facility at a temperature of not less than 110'F(43'Q. a gas-burning water heater shall not be located in any bathroom,toilet room,bedroom or other occupied room that is normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve discharge pipe shall be properly installed and maintained on water heaters. Sec. 17-164. Sanitary drainage system. All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system. All plumbing fixtures shall be connected to an approved water supply system and provided with hot and cold running water necessary for normal operation. All plumbing fixtures shall be of an approved glazed earthenware type or s similarly nonabsorbent material. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks, and defects. Sec. 17-165. Storm drainage. Drainage of roofs,paved areas,yards,courts,and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. Sec. 17-166. Mechanical facilities. Heating and air conditioning facilities shall be maintained in structures as required by this article. Page 1 25 (c) Heating. Every dwelling unit and guest room shall be provided with heating facilities capable of maintained a room temperature of 68'F at a point three(3)feet above the floor in all habitable rooms. Such facilities shall be maintained in a safe condition and in accordance with the adopted building code,the adopted mechanical code and all other applicable laws. Unvented fuel-burning heaters shall not be permitted as the sole source of heating for any room or space. All heating devices or appliances shall be of an approved type,and at no time,shall cooking appliances be used to provide space heating to meet the requirements of this article. (d) Air conditioning. If refrigerated air equipment is provided in rental units, it shall be maintained in operable condition and must be capable of maintaining a maximum inside temperature that is 20'lower that the outside temperature or 81' F,whichever is warmer,in each room of a structure intended for human occupancy from May 1 through October 1. If provided refrigerated air equipment becomes in need of repair,a reasonable length of time will be required to allow for repair of said equipment. If no refrigerated air equipment is provided then screens shall be provided on all operable windows. (e) Employee work spaces. Indoor employee work spaces shall be supplied with sufficient heat to maintain an ambient temperature of 65'F measured at a point three(3)feet above the floor near the center of the room or space. Spaces designed to be maintained at a temperature below 68'F,including but not limited to coolers,freezers, computer cold rooms and other similar areas,shall be exempt from this requirement. Additionally, areas whose primary function is not for human comfort and in which employees engage in vigorous physical activity during the normal course of their duties may also be exempted from this requirement. Sec. 17-167. Mechanical equipment. (g) Mechanical appliances. All mechanical appliances, fireplaces,sold fuel-burning appliances,cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. (h) Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Fuel-burning equipment and appliances which are labeled for unvented operation are excepted from this requirement. (i) Clearances. All fuel burning equipment shall be provided and maintained with all required clearances to combustible materials, as required by chapter 28 and 29, and by manufacturer specifications. 0) Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation. (k) Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel- burning equipment shall be provided for the fuel-burning equipment. (1) Additional devices. Any modification or connection of additional devices to a fuel burning appliance, its fuel supply, or its venting system shall be made using products that are listed and labeled for the specific application and shall be specifically approved by the code official. Sec. 17-168. Electrical facilities. Every structure provided with an electrical system shall be maintained in safe operating condition,and compliant with the requirements of this articles and all other adopted codes of the City of Denton. (b) Electrical service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the National Electric Code. Dwelling units shall be served by a three-wire, 120/240 vol5, single-phase electrical service having a rating of not less than sixty(60)amperes, or other service approved by the code official. (c) Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service,improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation,deterioration or damage, or for similar reasons,the code official shall require the defects to be corrected to eliminate the hazard. Sec. 17-169. Electrical equipment. (c) Installation. All electrical equipment, wiring and appliances shall be installed and maintained in safe operating condition. All electrical equipment shall be listed and labeled for the proposed use. (d) Receptacles. Every habitable room shall contain at least two(2)supplied electrical convenience outlets or one(1) convenience outlet and one(1)supplied electrical light fixture. Every bathroom,laundry room, interior stairway, kitchen,boiler room, furnace room, and public hallway shall contain at least one(1)supplied electric light fixture. Electrical circuits and outlets shall be maintained in a safe operating condition and shall be sufficient to safely carry a load consistent with the standards contained in the version of the National Electrical Code most recently adopted by the city. Ground-fault circuit-interrupter protected receptacles shall be provided in the following locations: (4) Bathrooms; Page 1 26 (5) Kitchens where the receptacles are installed to serve the countertop surfaces;and (6) Laundry, utility,and wet bar sinks where the receptacles are installed within six(6)feet of the outside edge of the sink. Sec. 17-171. Duct systems. Intake and exhaust air ducts shall be maintained in such a manner as to prevent the entrance of dust,dirt,and any other contaminating materials. Sec. 17-172. Means of egress. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International fire Code,the International Building Code,or be approved by the building official or fire official. (d) Aisles. The width of aisles required by the International Fire Code,the International Building Code or approved by the building official or fire official shall remain unobstructed at all times. (e) Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort,except where the door hardware conforms to the International Building Code or is permitted by the building official or fire official. (f) Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction,and the following: Required emergency escape and resue openings shall be operational from the inside of the room without the use of keys or tools. Bars,grilles,grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time on construction and such devices shall be releasable or required for normal operation of the escape and resue opening. Sec. 17-173. Fire-resistance ratings. (a) Fire-resistance-rated assemblies. The required fire resistance rating of fire-resistance-rated walls, fire stops,shaft enclosures,partitions and floors shall be maintained. (b) Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained.in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. Sec. 17-174. Fire protection systems. All systems, devices,and equipment to detect a fire, smoke, actuate an alarm,or to suppress or control a fire,or any combination thereof, shall be provided and maintained in operable condition at all times in accordance with the adopted International Fire Code. (d) Smoke alarms. All single or multiple-station smoke alarms,regardless of occupancy type or occupant load,shall be maintained in operable condition at all times in the following locations: (3) On the ceiling or wall outside of each separated sleeping area in the immediate vicinity of bedrooms and in each room used for sleeping purposes. (4) In all dwellings or dwelling units with open, split levels that do not have a door between the levels,including areas of basements and cellars,but not uninhabited attics or crawl spaces,smoke alarms installed on the upper level shall suffice as adequate coverage for the lower level,provided that the upper level is not more than one(1)story above the lower level. Smoke alarms, single or multiple-station,must be installed in other types of group occupancies in compliance with the requirements of the adopted International Fire Code. (e) Power Source. Smoke alarms shall receive their primary power from the building wiring,be permanent,without a disconnecting switch other than for over-current protection, and be equipped with a battery backup. In a building where no construction is taking place,or where there is no access to a municipal or commercial power source,or in an existing building undergoing repair or alteration which does not include the removal of a wall or ceiling exposing the structure, battery powered smoke alarms are permitted. Page 27 (f) Interconnection. All smoke alarm systems shall be interconnected as required,and shall be installed and maintained in accordance with the Intemation Fire Code,International Building Code and International Residential Code as adopted and amended by the City Council of the City of Denton. DIVISION 3. DANGEROUS STRUCTURES Sec. 17-180. Securing vacant structures. No owner or person having charge of any unoccupied building or structure within the city shall leave said building or structure unlocked,unboarded or otherwise unsecured so that unauthorized persons may enter said building or structure. An unsecured building or structure shall constitute prima facie evidence of a condition of immediate danger to the building or structure and adjoining buildings or structures, and the code official shall immediately notify the owner of said unsecured building or structure to secure the same,and if said building or structure is not secured within 72 hours after the date of issuance of notice to the owner or person in charge of the building or structure,the code official is authorized to secure the building or structure at the expense of the owner or person in charge of said building or structure, the cost of expense of the work required to secure such building or structure to be charged against the owner of the property as provided by State law. Sec. 17-181. Conditions or defects constituting dangerous structure. (a) For the purpose of this Chapter, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building or structure and a public nuisance,provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered, as defined by this Chapter or State law. (1) Whenever any door,aisle,passageway,stairway or other means of exit is not of sufficient width or size,as defined in Sec. 17-173,or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. (2) Whenever the walking surface of any aisle,passageway,stairway or other means of exit is so warped,worn,loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (3) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause,to such an extent that the structural strength or stability thereof is materially less than before such catastrophe and is less than the minimum requirements of the Building Code for buildings of similar structure,purpose or location. (4) Whenever any portion or member or appurtenance thereof is likely to fail,or to become detached or dislodged,or to collapse and thereby injure persons or damage property. (5) Whenever any portion of a building or structure, or any member, appurtenance or ornamentation of the exterior thereof is not of sufficient strength or stability,or is not so anchored,attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for such buildings or structures. (6) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar construction. (7) Whenever the building or structure,or any portion thereof is likely to partially or completely collapse because of: i) dilapidation,deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building or structure; (iv) the deterioration,decay or inadequacy of its foundation;or (v) any other cause. Page 28 (8) Whenever, for any reason,the building or structure, or any portion thereof, is unsafe for the purpose for which it is being used. (9) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become: (i) an attractive nuisance to children; (ii) a harbor for vagrants,criminals;or (iii) enables persons to resort thereto for the purpose of committing unlawful acts. (10) Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction,as specified in the Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (11) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the code official to be unsanitary, unfit for human occupancy or in such a condition that is likely to cause sickness or disease. (12) Whenever any building or structure, because of dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction, faulty electrical wiring, gas connections or heating apparatus, or other cause, is determined by the code official to be a fire hazard. (13) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. (14) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or structure or portion thereof an attractive nuisance or hazard to the public. (15) Whenever any building or structure that is boarded up, fenced or otherwise secured in any manner may, nevertheless,be deemed to be a dangerous building or structure under the foregoing criteria: (i) The building or structure constitutes a danger to the public, even though secured from entry;or (ii) It is found that the means utilized to secure the building or structure are not adequate to prevent unauthorized entry of the building or structure in contravention of subsection(a)(10)above. (16) Any building or portion thereof,or the premises on which the same is located,in which there exists any condition or defect prohibited by, or inferior to the minimum standards defined in Division 2,to an extent that endangers the life, limb, health,property,safety or welfare of the public or the occupants thereof. **** Special considerations: Additional nuisance violations addressing trash/debris,vacant and unsecure have been opened under case numbers CIS1611-0852,CIS 1611-0891.You will receive separate notices regarding these violations and the timeframes with which they must be abated**** Enclosed is a form asking for your consent to conduct an interior inspection of the property described in the legal description. Please complete,date,and sign the form and return it to the CIS Officer within 10 days from the date of this notice. If we do not receive the completed form within 10 days,we shall assume that you do not wish to provide consent for such an inspection. In such circumstances,the Community Improvement Services Division has the legal option of securing an administrative inspection warrant to inspect the property and any structures thereon. Page 1 29 All structure(s)on the property must be demolished, debris removed from the site and properly disposed of,or,all substandard conditions must be repaired in accordance with all applicable city codes,within 30 days of the date of this notice. Time frame extensions for re-inspections and compliance may be granted at the discretion of the CIS Officer. To be considered for an extension, you must contact the CIS Officer within 10 days and submit a signed extension form, a proposed scope of work to be performed,and applicable permit applications. Permits must be obtained from the Building Inspections Department for either repair or demolition of any structure(s). Repair of the structure(s)includes the correction of 1. all hazards and violations noted, 2. any additional violations noted on the interior or exterior inspections to be conducted with your consent,or by warrant inspection, and 3. any other violations noted during any subsequent inspections. Please note that it is unlawful for any person(s),firm or corporation to maintain any structure(s)in the City of Denton,or cause or permit the same to be done or exist on property or premises that are in violation of the Property Maintenance Code, Chapter 17 of the City of Denton Code of Ordinances. Each day a violation of Article XIII of this code occurs is a separate offense and is punishable by a fine of up to two thousand dollars($2,000.00)for each day a violation continues to exist. All items listed within this notice must be taken care of prior to the specified re-inspection date. Unless an extension has been granted by the CIS Officer,a re-inspection will be conducted within thirty(30)days of the date of this notice,on or about December 15,2016. If repair or demolition has not been completed, or an extension granted,by the specified re-inspection date,CIS staff may issue citations or may present a case to the Health and Building Standards Commission to seek an Order regarding the repair or demolition of the structure(s). This is a public hearing. If a case regarding your property is scheduled to be presented at a public hearing,you will be notified in writing prior to the hearing of the date,time,and location. If the structure(s)are declared to be dangerous by the Health and Building Standards Commission,an Order to Repair or Demolish may be granted. If an Order is issued,and you fail to comply with any such Order,you will be responsible for all costs incurred by the City in demolishing and removing the structure,as authorized in the Order. An invoice will be sent to you and a lien will be filed on the property for such costs. You may also be cited for any other violations of city codes found on the property and are subject to citations and fines as stated above for each day a violation continues to exist. Any person having any record,title or legal interest in the property may appeal this Notice and Order to the Health and Building Standards Commission as it relates to the repair and/or demolition of the structure(s). Any appeal must be made in writing within 30 days of the date of this notice to the Building Official(940-349-8362)at City Hall West,221 N. Elm Street,Denton TX, 76201,who will then schedule a public hearing before the Health and Building Standards Commission to hear the appeal. Page 130 Upon receipt of this notice,please contact Community Improvement Services by phone at 940-349-7451 to inform us of your intent to either repair or demolish all of the structures on the property described in the legal description above,and to discuss any questions that you may have. Sincerely, Heather Dow Community Improvement Services Officer CIS Case# 1610-0268 Enclosure Page 131 I Ire .I J' 1� i Community Improvement Services Division THE STATE OF TEXAS } RE: BUILDING(S)AND/OR PREMISES LOCATED AT: COUNTY OF DENTON } 601 ROSE ST VOLUNTARY CONSENT TO INSPECT PROPERTY On this,the day of .2016.1, ,being a person authorized to do so,do hereby voluntarily consent to have the premises located at 601 ROSE ST, Denton,Denton County,Texas,inspected for dangerous conditions violating City of Denton ordinances. The property shall be inspected by Dangerous Structures insMtor(s),building inspector(s), and/or other authorized representative(s)of the City of Denton,and, as such,permitted to perform the inspection pursuant to the enforcement provisions of the City of Denton,as provided by the various applicable codes of the City of Denton and/or Art. 18.01 et.,seq. C.C.P.of the State of Texas. I further consent to the taking of photographs as may be necessary for the inspector(s)and/or any other authorized representative(s)to properly prepare a full report concerning this inspection. I have been advised and understand that under the provisions of the Fourth Amendment to the Constitution of the United States and Art. 1, Section 9 of the Constitution of the State of Texas, I can require the City of Denton to obtain an administrative warrant to perform the inspection requested. Further, I acknowledge that this instrument is valid for future inspections until such time as this instrument is revoked in writing. (Owner Signature or legally responsible party of property) Page 132 Printed Name WITNESSES: If we do not receive this completed,signed form within ten(10)days,we shall assume that you do not consent to such an inspection. At that time,the CIS Officer will have the option to secure the proper warrants necessary to inspect the property. If you have any questions relating to the inspection,please contact me at 940-349-7451. Sincerely, Heather Dow Community Improvement Services Officer Dangerous Building Abatement Page 133 RECOMMENDATION Staff(CIS Officer Heather Dow,Building Inspector Supervisor Billy Ewton)recommends that the Commission order the structure(s) located at 601 Rose St,Denton TX 76209, legal description: Being Lot 4,Block 3, of COLLEGE BEAUTY ADDITION,to the City of Denton, Denton County, Texas,according to the Plat thereof recorded in Volume 198,Page 365,Deed Records of Denton County,Texas,be repaired or demolished within 30 days. SUGGESTED • • "I make a motion that the structure located at,601 Rose St, Denton TX 76209,legal description: Being Lot 4,Block 3,of COLLEGE BEAUTY ADDITION,to the City of Denton,Denton County,Texas,according to the Plat thereof recorded in Volume 198,Page 365,Deed Records of Denton County,Texas,be declared dilapidated,substandard and unfit for human habitation;that it constitutes a hazard to the health,safety and welfare of the occupants and the citizens of Denton,and the structure be repaired or demolished within 30 Days. If the Owner elects to perform repairs,he or she exclusively assumes all risk,expense and responsibility for ensurinp. that all Legal requirements and standards are fully and strictly satisfied within the strict time constraints of this order, regardless of whether such standards are required under Denton's Code or any other law. Neither the City.nor its staff,assumes any responsibility for identifying these standards,nor for guiding the Owner towards a timely,successful or feasible repair. Neither the Qy nor its staff warrant,assure,represent or recommend that timely,compliant,affordable complete or satisfactory repairs are feasible,or even possible,whether under ideal circumstances or in the face of hidden,unforeseen or unforeseeable circumstances. Any building permit for repairs is strictly conditioned: upon the limitations of this Order,upon application of Denton's current code standards to any repair:upon Owner's express assumption of his or her exclusive responsibility for strict,timely and complete compliance with these restrictions,•and upon Owner's understanding and acceptance that this order could be strictly applied to authorize demolition of the structure if repairs are not timely and completely completed:regardless of any cause condition or circumstance,even if unforeseen or unforeseeable:regardless of any other statement or representation made by City or its staff,• regardless of time, money or effort already invested into the repairs upon expiration of the time allocated for repairs;and regardless of the amount of progress made toward completion upon expiration of the time allocated for repairs under this Order." ALTERNATIVES • Approve the recommendation of staff. • Reject the recommendation of staff. • Authorize an extension for the purpose of repair or demolition. • Table the item. Page 134 ADDITIONAL INFORMATIORECENT INSPECTION PHOTOGRAPHS � •_per,r��rEl:v ``.��_`?1�N=��4.•. + ra`( 'x r-„F;�z�. Nil i I IRA- Page 35 ;ram. on/ovzan os Asa oa/oar2ol� os-3� ')- t -t A 1 •• 0t,104/2017 09• 04/0412017 09.45 Irti r I � i y� \ �r 04/04/2017 09.07 1041"' 1T 09 00- •� 0�11041U� 'C.!«_}:e '� �, .i;j?-017 Q9._L3 I �I P Notice of Public Hearing Por favor flame al 940-349-8743,si necesita este aviso en Espaflol NOTICE OF PUBLIC HEARING This notice is directed to Colby Kizer as owner, and any other person having an interest in the property identified as, 601 Rose Street Denton,Texas 76209 with legal description, Being Lot 4, Block 3, of COLLEGE BEAUTY ADDITION, to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Volume 196, Page 365, Deed Records of Denton County, Texas. Denton Central Appraisal District property number 29433. The City of Denton Code Official has found the building located at 601 Rose Street Denton. Texas 76209, to be dangerous and con- stitute a hazard to the health, safety and welfare of the citizens of Denton. A public hearing will be held, conducted by the Health and Building Standards Commission in the City Council Chambers located at 215 E. McKinney St, on Thursday April 20, 2017 at the hour of 4:00 PM to determine whether the buildings should be demolished or repaired in accord- ance with the Notice and Order of the Code Official. DRC 419/2017 ADDITIONAL INFORMATION COUNTY FILED DOCS RE: OWNERSHIP Page 138 i�-Ya-3 YDL.20111PAGE 1 . VARRANYY DEEO RUL PROPERTY RECORDS THE STATE OF TEXAS I COUNTY OF DENTON KNOB ALL MEN BY THESE PRESENTS:IF t That we. PERRY MAILER, of the County of Collin and State of Texas, DOROTHY DEAN TURNER PHILLIPS. of the County of Little River. State of Arkanna*, LARRY DONALD BUTTON, of the County of Denton, State of Texas, DOROTHY ANN MAILER CARTER, of the County of Collin. State of Terse, TERRY MALLBR, of the County of Collin. State of Texas, SOS MAILERo of the County of Denton. State of Texas. NORNA JEAN MALLSR LOVE, of the County of Tarrant, State of Texas. AMANDA COX, of the County of 'Tarrant. State of Texas. JOHNNY RAY BUT[ON. of the County of Bomar, State of Texas. SANDRA EWA TURMM, of the County of Savior. State of Arkansas, all of whoa have granted Pover of Attorney for this eraneaction to BETTY HEATLEY of the County of Denton, State of Texas, and NARIE MALLER TREVATHAN. of the County of Tarrant. State of Tomas. OraAtors. for and in consideration of the sum of 'YEN AND NO/100 (010.00) DOLLARS and other valuable consideration to the undersigned paid by the Grants* herein named. the receipt of which to hereby acknowledged, have CRANTLD. SOLD AND CONVEYED, and by these pre- sents do GRANT. BELL AAD CONVEY unto BONNIE L. THOMPSON. Grantee heroin, of the County of Denton and Stale of Texas. rhoee nailing address ist_�- riot 4 rq� rlQ„ �c x , all of the folloriog described real property Ln Denton County, Texas, to-vLc: All that certain lot, tract or parcel of Iand being known and doacribad am all of Lot G, .look 3 of the College Beauty Addition to the CLtr of Denton, Denton County, Taxas, as shown by map or plat thereof recorded in the Office of. the County Clerk of Denton County, Texae. to which reference is here made for better description. This dead is executed and delivered subject to all easemente, reservations, conditions. covenants sod restrictive covenants as "3 the mass appear of record in the office of the County Clerk of the oouoty aforesaid. { c WARRANTY DEED, Page One ;} i; ^+.�rw+.�-.+�Y-��r-++rlr�--v�.. ��..•-ter..-..+.w..lw.� - �-�-. ._ _� Page ] 39 Vat'20"PUE $v6e To with all d11t0LD Chs above daaortbed Pr•wis.e. to6.thar • rt8hls and •PPort•nanc.• thereto eoyri.s b 2aa8ins. unto the saki *notes to taravar8 and we do harab • her hairs aad sesi8as Y T A ourselves, our hairs. amoutors sad •dpiniatsaCoea Co WARRANT the said AND DLF6ND a32 and sia Premises unto "' said Grantee 8ai.r a8ainat ovary Person rhansa • hsr hairs and as•i8a■ aver lawfully o3aioi s.a or say Part thereof. ai or to Claim the MCCCOT20 this JQ RL day of N ovasbar. 1986. FORRY KAI LxRR By I a[toro•y-in-t•cev au na of this Crans.ottfor the Purposes DOROTHY MAN TU MER PHILLUS oftehi�iy-Sn-fact�lsu8na Craasaotton P Posoe LARRY DONALD BDTTDH Byl ? of Chi: jj° u Y .■ Rnn o ti7 i f Chi•f[rrny�ctioar the purpose• d. { DOROTHY ARM WALL= GOMM 'f Dy' ✓1 -- ? a 'ornoy-n-�etfor Y 8 • e f..i of this te.neeee,. Cho Purposes 4 TLRRY NAZ LRR - � Ds'gl� i..� for Of of this transection Cho Purposes 4 } WARRAIflY DlRpe Yee t►ra Page 40 Y. f� s VOL 2041PAGE 937 t BOB YALLER S ✓�r Sys A. 7 1LL��/ t ti y •s go • <� +ttorney-in-£act £or the pirporao of this transaction NORMA JUAN MALLRR LOVE By lfE1`tY F[: MF-ATL'Ky y es s�nafad attoraey-Ln-factfor Che purposes of thin transaction AMANDA COX attorney-in-fact�for the purposes of this transaction JONNNY RAY BUTTON By: �! r EETTY'Ht H u y es goL aced attorney-in-£act or tha purposes of this transaction SANDRA EMMA TWWZR BsrrY x VUAY attorney-la-fect�for the spurposespo of this transaction a61LL-17. aujam M&Mwjnr .41 Txa STATR Or TBXAB COUNTY or DUTCH This instrument we acUnwledged before s,s an the day of November, 1986. by BETTY M. ISLRR BBATLBY. for the oon- sideratione herein expressed and in the capacities tharein stated. �`--�' Wsr R ac•itn � � 14 Conrmae taM..AWd6 .:r otary s print" name My ComRiaeleo umpires* � '{- VAR tAM DWO. Page Three ?`;~;• Page 141 .....eww. +.-asl.a.�mw•*r.�.yHyarjc. !_•:••^."_.a..�.^3•R<...t:.�7.=�v:Z YBL.264iPME � S THE 8tATL U!MWAE i COMM or T hie instrument was eeknowledsed before as an the Ja day of November. 1986, by HARIC WALLER TRCVATMNNff.// qq of otiry Pu e a oT Taxu YAM F.xaua W1'"04"p tocery•• priocea mmm Hy Commie ion Eupiree i l BARYAIM DEED, loge Your N t Page 42 10L.20-UPAU f)39 �v FILRD FOR CORD DAY p► (��p n I �T R6CORDRU DAY�fO�,�^1 `• A'O• la�� it "^-/�,/F•�] CO YY-c�aRK, nCOUNTY. 198 Jj 6Yt COUNTY.T�E• DEPUTY. '{} H+4'w Page 43 i I 5139 042148 95159 � WARRANTY DEED THE STATE OF TEXAS COUNTY OF DENTON That 1.BONNIE L THOMPSON,or the County of Denton and State of Texas. Grantor,for and in consideration of the Love and Affection I have for my daughter.Carol lean Davis,have Granted,Sold and Conveyed,and by these presents do GRANT.SP_LL AND CONVEY UNTO Carol lean Davis,t3rnntce herein,of the County of Denton and State of Texas.whose mailing address is Rowe 2,Box 619.Denton,Tx,jj{."og,all of the following described real property in Denton County,Texas,to-wit: Lot 4,Block 3 of the College Beauty Addition to the City of Denton,Denton County,Texas,as show by trap or pint thereof recorded in Volumc 198.page 365,Deed I Records of Denton County.Texts. This deed is executed and delivered subject to all casements,reservations. { conditions,covenants and restrictive covenants as the same appear Of rccoral in the office of the County Clerk of Denton Coutuy,Texas. i TO HAVE AND TO IIOLD the above described premises.together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantcc, her heirs and assigns forever,and f do hcrcby bind myself,my heirs,executors and j administrators to WARRANT AND FOREVER DEFEND ail and singular the said If premises into the said Grantee.her heirs and assigns,against every person whomsoever lawfully clniming or to claim the same or any pan thereof. EXEC[JEDTHIS -;Zj? day of ,3002. BONS IIE L.Tf IOIvrPSON f I Page 144 l i` 1 5139 04 24 9 I i i THE STATE OF TEXAS COUNTY OFDENTON This instrument was acknowlcdgod before me on the day 2002,by Bonnie L.Thompson. ' TO-•1MIE THOti41':ON "ITARY Notary Public,State aT Texas !• STATE OF TEXAS L1y C�aM1 E.p U9.2�.hY: I I AFCER RECORDING RETURN TO CAROL JRAN DAVIS Route 2,Box 619 Denton,Tx. V 6Z i Page 45 - i 5139 04250 f i i 1 i 1� I I �co in% p � COL MTY a-awc ri. On Jull 3l 26W i at 4a12p• 1 RacrtPt q= 43-133 7q0 i Rrcordtnq+ .pppp��A4grt + t?oc/T1rpt + D�fwtY -frllcla Page 46 Denton County Cynthia Mitchell County Clerk Denton,Tx 76202 so 201 002 w Instrument Number: 2011-22853 As Recorded On: March 11,2011 Misc General Fee Doc Parties: DAVIS ZACHARIAH Billable Pages: 2 To Number of Pages: 2 Comment: (Parties listed above are for Clerks reference only) Examined and Charged as Follows: Mlsc General Fee Doc 15.00 Total Recordlr►o: 15.00 ""••`•"'•` DO NOT REMOVE.THIS PAGE IS PART OF THE INSTRUMENT""""'•"' Any provision hereto which restricts the Sab.Rental or use of the described REAL PROPERTY because of color or rocs Is invaikl and unenforceable under federal law. File Information: Record and Return To: Document Number: 2011-22853 Receipt Number: 772067 COLBY KIZER Recorded Date/Time: March 11.2011 02:05:27P 2102 TRINITY RD DENTON TX 76208 User J Station: H Dunn-Cash Station 4 THE STATE OF TEXAS) COUNTY OF DENTON) rr I MnMy—Wry Mvt uua Ito WnNM wa an m I'1 the"al 1 Ft Numb-or.o M4u/n01 on Uw Tom". (� pNntW Mlon,rld was duly RGCOR[�D In rA•OnlCl.l RK.Ofd•Of OMwn Gwnly,Tom". p(IV, L County Clerk Denton County,Texas Page 47 DISCLA 1WER AND RENUNCIATION OF INTEREST I THE STATE OF TEXAS COUNTY OF DENTON That 1,Zachariah Davis,aka Zach Davis,in accordance with SECTION 37A,TEXAS PROBATE CODE,do hereby disclaim and renounce and have disclaimed and renounced any Interest In any Property that I have or may have or am entitled or may be entitled in and to the Estate of Carol J.Davis,deceased. I understand that this disclaimer and renunciation of inwrest(s)is irrevocable. EXECUTED this r�day of March,2011. Zacharlah Davi THE STATE OF TEXAS COUNTY OF DENTON BEFORE me,the undersigned authority,on this day personally appeared ZACHARIAH DAVIS. known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. otvy Public,State of TexasRVMJ 2012 AFTER RECORDING RETURN TO COLBY KIZER Page 48 Denton County Cynthia Mitchell County Clerk Denton,Tx 76202 7o zo t o0 Instrument Number: 201 1-2 682 4 As Recorded On: March 24,2011 Affidavit Parties: KQER COLBY Billable Pages:3 Number of Pages: S To Comment: (Parties listed above are for perks reference only) Examined and Charged as Follows: Affidavit 27.00 Total Recording: 27.00 i i DO NOT REMOVE.THIS PAGE IS PART OF THE INSTRUMENT'"'•"" Any proviskxl herein which restricts th,3 Sate,Rental or use of the described REAL PROPERTY because of color or race Is Invalid and urwnloroeable under foderal low. File Information: Record and Return To: Document Number: 2011-26824 Recut Number: 775994 TITLE RESOURCES Recorded DateMme: March 24.2011 03:02:0813 WILL CALL DENTON TX 76202 User/Station: D Kltzmiller-Cash Station 2 G<xrtv7D THE STATE OF TEXAS) COUNTY OF DENTON) l � 1M Mf hlM mtr­f W11► MMfM FllyN b UN dolsftm ,"ted n n.o.a duly RECORDED n 1h OeliMl 0--f Wnon C-uly,T--u If; Cyul- L 1046 i' County Clerk Denton County.Texas Page 49 AFTER RECORDING RETURN TO COLBY KIZER 2805 GLEN FOREST LANE PLANO,TX.75023 AFFIDAVIT OF FACTS CONCBRNNG THE IDENTITY OF HEIRS OF CAROL JEAN DAMS NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE 17'IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Before me,the undersigned authority,on this day personally appeared COLBY KIZER ("A none'),being ru-st duly sworn,upon his oath states: "My name is Colby Kizer and I reside at 2805 Olen Forest Lane,Plano, Collin County,Tx 75023. I am a son of Carol Jean Davis("Decedent"),and I have personal knowledge of the facts stated in this affidavit. Carol Jean Davis was bom May 10, 1947,in Denton,Denton County,Texas. Around the year 1968,Carol Jean Davis married Lewis Vaughn. They were divorced in the year 1969 or ro 1970. That no child was born to or adopted by Cal Jean and Lewis Vaughn and no child was taken into their home far the purpose of adoption. On December 19, t970,Carol Jean married Stanton Kizer. Carol Jean and Stanton Kizer were divorced August 18, 1992. That one child was born to the marriage of Carol Jean and Stanton Kizer, namely:COLBY KIZER,born January 3, 1974. That no child was adopted by Carol Joan and Stanton Kizer and no child was taken into their home for the purpose of adoption. In August, 1982,Carol Jean married George Davis. Carol Jean and George Davis were divorced June, 1993. That one child was born to the marriage of Carol Jean and George Davis,namely: ZACHARIAH DAVIS,born May 2,1983. That no child was adopted by Carol Jean and George Davis and no child was taken into their home for the purpose of adoption. Carol Jean Davis died on February 17,2011,in Denton County,Texas. That Decedent left no Will. There has been no administration of 1ecedenes estate;none being necessary. All debts of Decedent have been paid or provided for. There are no Federal Estate Taxes or State of Texas Inheritance Taxes due against Decedent's estate,the value of Decedent's estate being less than the exemptions provided by law." The following persons have knowledge regarding the Decedent and the facts contained herein as Page 50 they relate to the family history of Decedent. A. Jean Ann Harris,450 Hickory Creek Lane,Krum,Tx B. Tommie Thompson,2415 Bowling Green,Denton,Texas 76201. SIGNED this,,ga_day of March,2011. G, Colby K' lent THE STATE OF TEXAS COUNTY OF DENTON SWORN TO AND SUBSCRIBED before me on this, day of March,2011,by COLBY KIZER. MARINE JONES • NOTARY PUBLIC Notary Public,State of Texas STATE OF TEXAS MY Comm.Exp.11.17--2012 mi Page 51 CORROBORATING AFFIDAVIT BEFORE ME, the undersigned authority,on this day personally appeared TOMMIE THOMPSON,who being by me duly sworn upon oath deposes and says: "That 1 have read the foregoing ABidavit of Facts Concerning the Identity of Heirs of CAROL J.DAVIS. I am personally familiar with the family and the facts contained thcacin as they relate to family history and acknowledge the truth and accuracy of those facts upon my personal knowledge. I am not a reci lent of any any portion of the Estate of the Deceased.^ Executed this LZ day of March,2011. i _mil Tommie Thompson,AfIIant SUBSCRIBED AND SWORN TO BEFORE ME on this-_-_day of March,2011,by Totremie Thompson,Affiant,whose name is subscribed to this Corroborating Affidavit,and who stated to me that she is qualified and authorized to make this APtldavit,and that the facts and allegations contained therein are true and correct upon personal knowledge. MARINE J0f ES NT PUBLIC STAATEE OF TEXAS My Comm.Exp,1 t-17-201 public, State of Tex asV AFTER RECORDINO RETURN TO T.- >saod� Page 52 CORROBORATING AFFIDAVPI' BEFORE ME, the undersigned authority,on this day personally appeared,JEAN ANN HARRIS,who being by me duly sworn,upon oath deposes and says: "That I have read the foregoing Affidavit of Facts Concerning the Identity of Heirs of CAROL J_DAVIS. 1 am personally familiar with the family and the facts contained therein as they relate to family history and acknowledge the truth and accuracy of those facts upon my personal knowledge. I am not a recipient of any portion ofthe Estate of the Dccc—ed- Executed this 14 day of March,2011. 1P 6 6AX AA JI' NN-t-fAA RIS.Affiant SUBSCRIBED AND SWORN TO BEFORE ME on this-z5r day of March,2011,by Jean Ann Harris, Afliant,whose name is subscribed to this Corroborating Affidavit,and who stated to me that she is qualified and authorized to make this Affidavit,and that the facts and allegations contained therein are true and correct upon personal knowledge. NE JONES ---- NOTARY PUBLIC Notary Public.State of Texas STATE OF TEXAS My Comm.Exp.1-1-17-2012 Page 53 Denton County Jull Luke County Clerk 'V G-283-2016-83535• Instrument Number: 83535 Real Property Recordings JUDGMENT Recorded On: July 12,2016 04:30 PM Number of Pages: 3 Examined and Charged as Follovm:" Total Recording: 34.00 "'""" THIS PAGE 13 PART OF THE INSTRUMENT Any provision herein which retWde the Sale,Rental cruse of tMdsawbed REAL PROPERTY because of cdor o r race is kvvelld and unenforceable under federal law. Flie Information: Record and Retum To: Document Number: 83535 ROGER M YALE Receipt Number: 1512 E MCKINNEY ST. STE 101 Recorded Datefnme: July 12.2016 04:30 PM DENTON TX 76209 User: TJ D Station: D3D8C262,co.denton.tx.us SPATE OF TEXAS 0 �t� 1- COUN7T OF DEMMN I hereby edify that dria L al umem was FILED In du File Number se p e nm on the dabw%lm printed heron,and was duly RECORDED in die OWidW Records of Denton County.Tema. Jull Luke '� s e♦ County Clerk Denton County,TX im - I I Page 154 FILED:7/11/2016 4:30:00 PM SHERRI ADELSTEIN Denton County District Cleric By:Shelley Mcwtcheon,Deputy CAUSE NO.1"30674s COLBY KLMR IN THE DISTRICT COURT V. f 39e JUDICIAL DISTRICT f ZACHARIAH DAVIS ; DEMON COUNTY,TEXAS AGREED FINAL JUDGMENT The Court having considered the agneernerlt of the parties as evidenced by the signatures of the parties and counsels below finds the following: The Court having reviewed the fib and the agreement of the parties finds that It should declare that the property located at 601 Rose Street, Denton, Texas, bearing legal description LOT 4, BLOCK 3 OF THE COLLEGE BEAUTY ADDITION TO THE CITY OF DEMON, DENTON COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF RECORDED IN VOLUME 198, PAGE 365. DEED RECORDS OF DENTON COUNTY, TEXAS, KNOWN LOCALLY AS 601 ROSE STREET, DENTON. TEXAS 76209 is owned by Colby Kizer and Defendant Zechariah Davis has no legal or equitable right to the property. IT IS THEREFORE ORDERED that the Plaintiff shall file this Judgment within the Denton County Deed Records to establish his right to the property. being 601 Rosa Street, legal description LOT 4, BLOCK 3 OF THE COLLEGE BEAUTY ADDITION TO THE CITY OF DENTON, DENTON COUNTY,TEXAS,AS SHOWN BY MAP OR PLAT THEREOF RECORDED IN VOLUME 198, PAGE 365, DEED RECORDS OF DENTON COUNTY. TEXAS, KNOWN LOCALLY AS 601 ROSE STREET, DENTON. TEXAS 76209. for all purposes and that, the Defendant has no right. interest or claim to the property. ~�GT Cyr AGREED FINAL JtlDOYENT—PAGE 1 Page 55 it being further agreed that the parties shall each bear their own coats and attorneys fees, the Court ORDERS that each party go forth without an award of attomeys fees to either party and all coats shall be borne by the party Incurring the same. This is a final appealable Judgment and all relief not expressly granted herein is denied. SO ORDERED and signed on 7/11/2016 PRESIDING JU APPROVED AS TO FORM AND CONTENT: Colby KizerepIliinttiff 0)- Zachpffah Davis, Defendant APPROV&D AS TO FO ONLY: (2 R ale, Atto y for Plal mac+ CERTIFIED ATRUE AND CORRECT COPY Attome-forDrewry, Jnda �r-� OF THE RECORD ON FILE IN MAY OFFICE y ) SII I ADEL.STEIN o- i DENT NTY CLERK AGREED FEML JUMIGMENT-PAGE 2 "DOW �'- DAY Ckxk Page 56 Denton County Jull Luke County Clark •VQ-202-2016-A3530' Instrument Number: 83536 Real Property Recordings DEED Recorded On: July 12.201a 04:30 PM Number of Pages: 4 examined and Charged as Follows:•• Total Recording: 38,00 "•"""""""'"THIS PAGE IS PART OF THE INSTRUMENT"""'"""""• Any provlslon herein which resWcts the Sale,Rental*ruse of thodeecAbad REAL PROPERTY because of cdor orrace Is Invalld and unenforceable undarfederallaw. File Information: Record and Return To: Document Number: 8353e CODY KIZER Receipt Number: 2102 N TRINITY RD Recorded Date/Time: July 12, 2016 04:30 PM DENTON TX 76208 User: TJ O Station: 03DOC282.00.denton.tx.us SI'ATL OF TEXAS COUNTY OFD12gTON I hereby certify that this Luaument was FI LED In Ibe File Number sequem an the daarldme printed beroa,and was duly RECORDED in the O cW Records of Dena County,Teas. Jul.i Luke seas " County Clerk Denton County,TX Page 157 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEED WITHOUT WARRANTY Date: Effective June Z, 2016 Grantor: Zechariah Davis Grantors-Mailing Address: Zachariah Davis 2436 S.Valley Parkway, Apt. 7203 Lewisville, Texas 75067 Grantee: Colby Kizer Grantee's Mailing Address: Colby Kizer 2102 N.Trinity Rd. Denton,Texas 76208 Consideration: Cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Property(including any improvements): LOT 4, BLOCK 3 OF THE COLLEGE BEAUTY ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF RECORDED IN VOLUME 198, PAGE 365, DEED RECORDS OF DENTON COUNTY, TEXAS, KNOWN LOCALLY AS 601 ROSE STREET, DENTON, TEXAS 76209. Exceptions to Conveyance: Validly existing easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded and validly existing instruments, other than conveyances of the surface fee estate, that affect the Property; and taxes for all years, which Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Page 58 Grantee assumes. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever, without express or implied warranty. All warranties that might arise by common law as well as the warranties in section 5.023 of the Texas Property Code (or its successor)are excluded. GRANTEE IS TAKING THE PP OPER IN AN ARMS-LENGTH_AGREEMENT BETWEEN THE PARTIES. THE CONSIDERATION WAS ON THE g)nclS OF AN "AS IS WHERE IS" TRANSACTION AND REFLECTS THE AGREEMENT OF THE PARTIES THAT THERE ARE NO REPRESENTATIONS OR EXPRESS OR IMPLIED WARRANTIES GRANTEE HAS NOT RELIED ON ANY INFORMATION OTHER THAN GRANTEE'S INSPECTION. When the context requires, singular nouns and pronouns include the plural. This instrument was prepared based on information furnished by the parties, and no independent title search has been made. Zachariah Davis Colby Kiz STATE OF TEXAS ) COUNTY OF 5e"4k 0d7 ) This instrument was acknowledged before me on June 2016, by Zachariah Davis IILIAN RENFRO P iC, Stat eXaS Notary Public,state of Tex+• Comm Expires 02-264020 Notary 10 1]Oli56619 ,»... Page 59 STATE OF TEXAS ) COUNTY OF DENTON ) This Instrument was acknowledged before me on a LL, 2016 by Colby Kizer. N tary ubb c, State of Texas uuuiNjrp y�pNDERW AFTER RECORDING RETURN TO: �:• r ray ., Colby Kizer 2102 N.Trinity Rd. Denton.Texas 76208 of ' 11HIM ADDITIONAL Page 160 0 TITLE RESOURCES COUrm OFDENTON § STATE OF TEtiA.S § ABSTRACTOR'S REPORT Date:Octo 14.2016 ORDER N70.419 Description of the property: Betrg Lot 4,Wack 3,of COLLEGE BEALTT ADD_ OK to the City of Demon Cenral:County:Teiws. accor;.aq w the parr. L98.Page 355.Deed Fecordi of Derron Couray.Tex,s Record Title aapear:to be•rest in: C OLBY K1ZER The under:iimed Abstractor hereby-Gates as f*UoRs: I A thcaaa?5 search was mbU for Z documents to the Officul Pablx Records of Detboc Coy man•.ferns.f zd far record from DecemLei 11.1986 t}nowl and includ=September lS. 31 7 6.a fectirg le Sbove des.:ribed property _ Tl:e search pcodaced the=3eased ca?anran,irgms thown m Exhsbit"A 3 Al.uureWcied tmvt.tmary bear,civil praceedwEs.and bamhrMcr proceedings 91ed wWan the ies•:n--Jday.±rage are skAxmenEt1tio:t'B' 4 Ene=ot minerals-pmpeny wa,resmcraocs,rirhrs of patties 1n poss.mwm amd rigrs of w=is im pose asiom•.¢der any=^-lorded(eases were mot part of this search i TL•s Absmti-tatt's B.Epm n a:en to,tad maybe relief apm only br Ciry of Demon 6 Tl_s oeasficam-u d&xvre3 wvh tb+umAe staadine es idenred bt•t1:e xc--;o=e thiTeof Thm the same:s natbes a ftaramty,vtmmwr mar opimton o:title,acd the uniersi=ud company: asa> rhu certificate shall moi be:aaWe for wurc or d=—Ares cUumed ln•amy venom w em"lY ma an=:tal-rrt m Meis ar S''i 00.which is the an:oosa paid for this report. EXECUTED AS OF THE MTIFICATIONE DATE STATED A301•T TITLE RESOURCES.LLC BY Kara Ouv= S Loop AS.Sane 1]z Dewar-Te1x?53J Phone:94C-381-1005 Fax:940-382-W— Page 61 EZMIT A Voluntan•Liens No liens are found of record. S'_5 S.Loop 28S,Stute 125 Denton.Teca;7620: Phone:940-3S1-1006 Fax:940-382-9927 Page?of 3 Page 162 EXMIT B Involuntary Liens. (bil Proceedings, and Bankruptcy Pi oceedinF No liens R)tmd filed ofreeord. 525 S.Loop 298,Suite 125 Denton,Te=76205 Phone:940-391-1006 Fax:940-382-9927 Page 3 of 3 Page 163 Heather Dow,CIS Officer Billy Ewton,Building Inspector Supervisor Page 164