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[
Broken Windows ]
"Serving you!"
"Dallas,
the City that Works:
Diverse, Vibrant, Progressive"
At least that's what its dallascityhall.com
page says. Is the proof in the pudding? Let's see.
(some
links open new window)
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| The
Purpose of a Building Permit |
A
building permit gives you, your insurance company, your neighbors
and the city assurance that specific minimum standards are met
in constructing, altering, or repairing your home by complying
with your city code. These standards are based on well-established
health, safety, and environmental considerations intended to
protect the integrity of the buildings, safety of inhabitants,
and the welfare of the public.
When
do I need a permit?
"The
City of Dallas Building Inspection Division improves the quality
of life for Dallas citizens by ensuring compliance with established
construction standards and by enforcing City codes."
NEWS:
The City of Dallas recently had corruption within Department
of Code Compliance (DCC) of inspectors making false reports
on cases never having been done, et cetera, and other compliance
employees issuing fraudulent citations. It was all over the
local news...a few heads flew here and there and the good citizens
of Dallas have been led to believe that everything is copasetic.
Nevertheless, "[t]he
real culprit [was found] to be Kathy Davis and her badly run,
screwed-up-as-a-junkpile department. [...] She imposed a quota
system that was all about paper numbers--an activity count she
could take to the city manager and to the city council to show
what a busy bee she was."
"The
structure must be in compliance with the required setbacks regardless
of whether a permit is required or not."
You
can review the Service Request Summary Report for yourself.
Please exercise caution when reading these reports. They may
leave you in stitches laughing or could give you a headache
but not both. A
waste of taxpayers money? You decide.
3-1-1
Service Request Summary Report (SRSR) obtained under the Texas
Open Record Act.
Service
Request Summary Report 04-00338739
Service Request Summary Report 03-0046898
To
recap: April 2003 a carport was converted to a room, without
permit as required by the City. After nearly three years of
Code fumbling around, the owner was finally cited for not obtaining
a permit and the case was closed. As a result of Code Compliance’s
handling of this matter so far I’ve reached the following
conclusions: (1) Build whatever you like because (2) Code will
drop the ball, and (3) you might get cited but (4) since nothing
will come of it (5) you never need to get a permit.
This
conversion is reflected in Dallas Central Appraisal District
as an "ENCLOSED PATIO".
Recently I received information regarding sideyards/carports
from the City Attorney's office; see Volume
III, Sec. 51 A-4.401-4.403, Part II of the Dallas Development
Code. Yard, Lot, and Space Regulations.
Division 51A-4.400. Yard, Lot, and Space Regulations.
(click to see photocopy)
Sec. 51A-4.401. Minimum
front yard.
Sec. 51A-4.402. Minimum
side yard. (cont.
on 4.403)
Sec. 51A-4.403. Minimum
rear yard.
Sec. 51A-4.402
is explicit that a special exception (by the board) may be granted
for a carport. There are no exceptions for a room
or converting a carport to a room, and storage of items other
than a motor vehicle is prohibited in a carport.
It
will be interesting to see how the city of Dallas handles and
resolves this blatant abuse of the city code and whether incompetence
is at the root of this absurd delay in building inspection compliance.
Update: 12/17/04
12:30 AM Follow up call to confirm status of service call #04-00338739
with 311, Travis. Travis commented that's an old number since
they're "in the 400s now" and asked how long had it
been since it was called in. Status of call was that Joe Lee
reinspected the site on Dec. 6. Code Enforcement (clerical)
issued a violation notice on 12/10/04 by regular mail. Scheduled
for re-inspection on the 16th. Inspector assigned to call is
Joe Lee. Travis commented that if it was reinspected on the
16th nothing had been entered on it yet (for his access). (Travis
also volunteered that the call had been forwarded to a 311 troubleshooter,
Rock Richardson, a coordinator between 311 and Code Enforcement.
Richardson addresses calls that seem to be slow resolving.)
Update:
10/31/04
11:15 PM Follow up call to confirm status of service call #04-00338739
with 311, Travis. Travis stated status of call is "open."
On October 22, "location said no evidence of construction;
no evidence of repair." Call was "escalated"
from Inspector Joe Lee to the Manager, Ron Robinson, and from
the Manager to the Assistant Director. Travis said he thought
that was S.E. Div. Assist. Director for Building Inspection.
(Bear in mind that Joe Lee is the same City of Dallas employee
(click here to read excerpts from
below) that said a building permit was required and
that he had issued citations yet later this inspector
down-graded conversion to mere "remodeling." Homeowner
was aware a building permit was required no later than April
3, 2003. Now there is NO
EVIDENCE OF CONSTRUCTION OR REPAIRS. Inspector Steve Cunningham
had initially taken digital-photos when structure conversion
was merely framed-out 2x4s , and wrote up citation/notice on
April 2, 2003 - this man actually does his job only to have
it undermined after he is transferred. Nevertheless, it
appears that per Sec.
51A-4.402 and Sec. 51A-4.403
only allow a carport.)
12:00am,
Sunday, Oct 31, 2004, Renee 3-1-1, stated that Joe Lee took
pictures of 2711 Healey 22 Oct and there is no
evidence of construction or repairs made
- owner stated that he tried to obtain a permit.
4:38pm,
Monday, Oct 11, 04 Craig 3-1-1 - no follow up - new service
#362117 previous service #04-00338739 was assigned to Joe Lee
- his super is Ron Robinson 214-670-6964.
(311 operator apologized for the assignee not following up.
I thanked him but commented that he only takes the calls.)
Update:
September 2, 2004 3-1-1 has been re-called per the prosecutor's
suggestion.
- 1:15pm, Tuesday, Sept. 21, 2004, 3-1-1 Reene - no building
permit 2711 Healey, Service #04-00338739.
- 11:54am, 09/29/04 - 3-1-1 - Nicole - no update -DCC has 10
days to respond.
Update: It's now September 2, 2004 17 months later. A
prosecutor mentioned the other day to just call 3-1-1 and start
from scratch (resident was notified by Code Compliance
in April 2003 that this construction required a building permit)
and the City of Dallas has done nothing to follow up on this
construction. The city prosecutor has talked with three
city building inspectors, including District Manager, who has
refused to keep several appointments with prosecution to resolve
this matter. The saga continues...
The
following is my telephone call journal regarding the conversion
of a carport to a room located at this residence
in Dallas, Texas. The initial call to 311 was made on April
1, 2003. For ease of reference, calls are listed starting with
the most recent communication and ending with the history that
necessitated this journal. Call 311, the Service No. is 03-004
68 984. I mailed a letter
to Kathleen Davis, Department
Director of Code Compliance, regarding the below on
15 SEP 03 and cc'd Assistant
City Manager Charles W. Daniels. To-date,
, I have not heard a peep from either.
Background: Was talking with a roofing contractor who commented
on a local residential
construction, a carport being converted to a room, that had
no permit posted. Was advised I should look into the matter
as such projects are supposed to meet certain criteria to maintain
city standards for residential construction projects. Such standards
have far-reaching implications including but not limited to
insuring that the construction not present a safety risk, i.e.,
is not a fire hazard due to non-code compliant wiring; maintaining
neighborhood property values through some conformity of construction
based on proper plans and execution of same; and even allowing
the City to capture its tax revenues by the accurate portrayal
of square footage of a residence. Its my understanding
this is why we have code compliance. This page was created so
you could follow the saga as it winds its frustrating way through
the maze of City services. It is an amazing tale indeed and
has yet to reach the end as you will see.
Tuesday, August 19, 2003, 1:16pm, spoke with Elaine at One-Stop-Permit
(214) 948-4480. She re-confirmed what construction would necessitate
obtaining a building permit - anything
structural, any wall going up, door, window -
anything structural. Elaine was emphatic in stating she knew
of no reason why a structural change, i.e., three walls going
up, a window and door, would be considered by Code Compliance
(Enforcement) as merely remodeling and not necessitate
a permit. Elaine gave me Charley Websters name (Residential
Consultant - 214-948-4376), and told me I could talk with him,
but he'd say exactly the same thing.
Monday, August 18, 2003, 8:56am, called Terry Kenworthy (Urban
Rehabilitation Board) 214-670-4848 and spoke with Dorthy, Mr.
Kenworthy's secretary. I gave Dorthy my phone number and asked
that he return my call. Dorthy asked the nature of my call,
and I said I wanted to know what the criteria was for residential
construction that would necessitate a permit. [Call not yet
returned.]
Sunday, August 17, 2003, called 311 and asked if copies of 311
records are available; answer, no.
Friday, August 15, 2003, 12:26pm, spoke with Vernon at One-Stop-Permit
(214) 948-4480 and asked what the criteria was for residential
construction that would require a building permit. Vernon stated
that if a wall,
door, or window was in the plans then a building permit
is required under the Dallas City Code. I asked Vernon if residential
construction that met that criteria was occurring, or was complete,
would there be any reason why Code Enforcement should state
that no building permit was required for same. He flatly said,
"No." I asked Vernon if it was custom, or protocol,
for a building permit to be issued after construction and painting
were complete. Again, Vernon said, "No," because there
would be no way to see if construction was up to code. Holes
in sheet-rock would need to be made to see the structure, etc.
Vernon did say that "shade tree" construction occurs
a lot but usually is caught at some time. I also
asked him if a building permit had ever been issued to this
residence,
and he said, "No."
Friday, August 15, 2003, 10:16am, 311 (Service #03-004 68 984),
spoke with Alberta who stated that J.L. (Joe Lee), District
Manager, will be inspecting structure at residence
on August 15th because there is one
strip of wood
that needs painting. [Nevertheless,
as of November 8, 2004, the entire rear wall (with door) has
yet to be painted.] Her computer indicated that District
Manager had visited on August 8 and 10 and that there
is no evidence of construction that requires a building
permit; that no building permit is required for that construction.
Monday, August 11, 2003, 1:28pm (Service #03-004 68 984), called
for Mr. Terry Kenworthy 214-670-4848 but talked with Cathy Richards
who indicated he was not available. Ms. Richards was given my
phone number and said he'd call. [Call not yet returned.]
Thursday, August 7, 2003, 10:48am (Service #03-004 68 984),
called Code Compliance at 214-670-5708 and talked with Ginger.
I asked what procedure follows after a resident receives notice
for non-compliance in getting a building permit (carport-to-room
conversion). Ginger brought the info up on 311 and doesn't understand
why this hasn't reached a conclusion yet. Ginger will turn this
over to Manager Over Inspectors, Mr. Terry Kenworthy at 214-670-4848.
(The MOI position is normally held by Patricia Hernadez who
is on vacation).
Friday, August 1, 2003, 4:00pm, called One-Stop-Permit (214)
948-4480; no building permit ever issued for residence.
Friday, August 1, 2003, 3:33pm (Service #03-004 68 984) called
311, spoke with Mary who said residence
was reinspected July 21st and notice posted - no building permit
and exposed wood exist. Inspector knocked on door and had no
answer. (Note: Initial 311 call made on April 1, 2003 and violation
still exists after 4 months without a building permit and several
notices to obtain one, and construction is complete except for
painting.) I neglected to get Inspector's name and called 311
back and spoke with Renee - she said reinspection occurred July
31st by Joe N. Lee.
Wednesday, July 16, 2003, 9:30am-9:53am (Service #03-004 68
984), talked with Joe Lee. He said he'd been on vacation, and
that he had put a notice on conversion property June 30th. Mr.
Lee asked if I was a neighbor. I did not comment but stated
I was following up on status. Mr. Lee said that Kathy Davis
issued an unpublished departmental policy directive that citations
are no longer sent certified mail - that code violators (in
this situation) must be personally tracked down and served citation
(ticket). I asked if this could be compared to a high weeds
violation. He said with high weeds notice by certfied mail with
10 days to cut - if not in compliance then city cuts and puts
a lien on property, not a fine. Later, Lee says they do put
a fine and then a lien. He commented that looking for a resident
makes it hard on him because catching the resident at home will
be difficult, a sort of 'catch me if you can' scenario. He asked
if I could keep an eye out for him, like let him know when resident
might be around. I commented that any conclusion on this matter
could take months, and Lee mentioned again that this would be
hard on him and that he might need to put in over-time. He said
something about a warrant and resident could be arrested - I
wasn't clear on exactly what that meant or entailed. (At 10:10am
a Patrick Shaw called to ask if someone at this number called
him. I said I'm pretty sure no one did and asked if he was with
the city, and he said yes. I had initially called Joe Lee's
cell phone number (214-957-8098) and let it ring a few times
then, as it was going to voice mail, I hung up to call his other
number. Maybe Shaw was just a wrong number or he uses Mr. Lees
cell phone.)
Wednesday, July 9, 2003, 10:05pm (Service #03-004 68 984) 311,
Elaine said on May 29 a second notice was mailed for no permit;
June 9th update but nothing posted - Steve Cunningham 214-957-9723,
Joe Lee 214-671-9109 or 214-957-8098.
Friday, June 20, 2003, 8:44am - called One-Stop-Permit (214)
948-4480 and no permit issued for residence.
Thursday, June 19, 2003, 1:07pm, called Code Compliance (214-670-5708)
for update on carport-to-room conversion without a permit (Service
#03-004 68 984). Spoke with Elizabeth who said Joe Lee (214-957-8098)
is handling it. Called Joe Lee at 1:11pm. Lee stated that
this wasn't his jurisdiction; he didn't do this and I should
contact building inspection. Nevertheless, he said
he was shown (listed) to be the one handling this and that he
did recall going out there (residence).
He said that outside of a few holes that needed patching it
all looked okay to him. Mr. Lee paused for a moment and then,
in effect, said, 'Yep, looks like they were never issued a permit'.
Just the same, Mr. Lee stated he'd issue yet ?another? citation.
I asked should I follow up with 311 or him after 10 days. Mr.
Lee said to call him.
Wednesday, May 28, 2003, 2:38pm, update 311, Ms. Corbet said
sent certified mail April 1 and certified mail again for violation
on April 10 & 11 - 30 days to respond - handling case now
is Mr. Joe Lee 214-957-8098.
Friday, May 23, 2003, 8:13am, (Service #03-004 68 984), got
recording at 214-948-4282 - San Migual? - no Steve Cunningham
- left message and phone number to call. No one has returned
call to date.
Tuesday, May 13, 2003, 12:33am, 311 update, an April 10th citation
- supposed to reinspect May 4 - Steve Cunnigham 214-948-4282
(Service #03-004 68 984).
Friday, April 18, 2003, 1:45pm - 311 follow up on carport conversion
- Mr. Cunningham sent certified mail, case still open.
Wednesday, April 2, 2003, 9:15am - talked with Steve Cunningham
and he said he'd try to be out this week to check on conversion.
Steve said that District 3, et al, are being merged into a larger
district, consolidating. Today Mr. Cunningham visited residence
and took pictures of the construction in progress.
Wednesday, April 2, 2003, 1:35pm, Mr. Cunningham said that construction
that extends the square footage of the living area requires
a building permit. Steve Cunningham, Inspector, Code Enforcement
(214-957-9723).
Tuesday, April 1, 2003, 8:50am, called 311 and talked with Joyce
regarding carport-to-room conversion without a building permit;
Service #03-00468984.
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“Few
things are harder to put up with than the
annoyance of a good example.” — Mark Twain
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!_NEW_!
FENCE PERMIT
You don't need no stink'n permit!
Is
the City of Dallas Concerned About Maintaining The Property Value
of Taxpayers?
This
residential carport-to-room coqnversion construction is sent
Notice via Certified Mail early April 2003 to obtain a building
permit but, according to 311, by mid-August 2003 the conversion
has become "remodeling. 311 now states that the conversion
requires no building permit per the District Manager. However,
One-Stop-Permit
continues to advise that construction that includes a wall, window,
or door fulfills the requirements for necessitating a building
permit.
->>
10/31/04, 3-1-1 follow up - city inspector now reports, "no
evidence of construction or repairs made." It's magic!
It appears the citizens of Dallas are left to guess at which department
is correct. Hmm, maybe there's an exemption of some kind that
I have not been made aware of? This conversion
either contains walls, a door, and a window or it doesnt.
It appears that there is no code enforcement, and the City of
Dallas isn't interested in maintaining taxpayers' property value.
Below
on August 15, 2003, 311 reported that inspector noted only "one
piece of wood needed painting."
Photo
taken 11/08/04 - (rear view) and it remains in this condition to-date,
.
October 31, 2004 - Note the evidence of construction materials to
left of door. Click image for larger view.
Click
here to see
BEFORE and AFTER
>Illegal Storage< |
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