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SSRB orders owners of 112 East Marlin to obtain permit by Sept. 15; full compliance required by Oct. 1

5418633 · July 16, 2025
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Summary

The Substandard Structure Review Board directed the property owners at 112 East Marlin Street to obtain a building permit by Sept. 15 and achieve full compliance by Oct. 1 after reviewing submitted bonds and outstanding engineering documentation, while administrative penalties continue to accrue.

The Substandard Structure Review Board on Monday ordered the owners of 112 East Marlin Street to obtain a building permit by Sept. 15 and to bring the property into full compliance by Oct. 1, 2026, after hearing a staff report on outstanding engineering documentation and posted bonds.

The board's action followed a presentation by Philly Gertalba, the building official, who reported that the property owner, Derek Benavides, had posted two bonds—a $25,000 bond for possible demolition and a $250,000 bond for repairs—but that a detailed structural engineering report specifying the condition of the pilings remained outstanding. Board members said the piling condition is central to determining whether new pilings must be driven or whether the submitted repair approach is adequate.

Why it matters: the board is enforcing the Substandard Structure Review Board (SSRB) orders issued March 5, 2025, to ensure structural safety at a waterfront property in Padre Beach. The board made the permit-and-compliance deadlines conditionally binding and set a date for a required structural clarification: the detailed report on existing above-grade pilings must be submitted by Aug. 15, 2025. Administrative penalties of $500 per day were reported to be accruing and were left in place until the board sees evidence construction has begun.

Details of board discussion and direction - Bonds and timeline: Gertalba told the board that the owners submitted an updated timeline and the two bonds; the repair bond was listed at $250,000 and a $25,000 demolition bond was also on file. - Engineering documentation: staff and board members pressed the owners to produce a structural report focused on the pilings. The board asked the property representatives to obtain a recertifying letter or updated wording from the original engineer (identified in the record as David Day) explicitly addressing whether the original piling details remain applicable given current conditions. - Owner commitments: owners and their representatives—identified in the meeting as Derek Benavides, David Chen and Norberto Ponce—said contractors and financing were in place and that work could begin quickly once permits and required paperwork were approved. The owners submitted a project-completion timeline originally showing a completion date in early September 2026; the board set the compliance deadline for Oct. 1, 2026. - Penalties: staff reported administrative penalties continuing at $500 per day and a cumulative total of $46,000 as of the meeting; the board deferred any adjustment of penalties until it observed physical commencement of construction.

Formal action and next steps - Motion (approved): the board directed the owners' representative to obtain the building permit by Sept. 15, 2025; required submission of a detailed structural report on existing above-grade pilings by Aug. 15, 2025; and required full compliance by Oct. 1, 2026. The board voted to carry the motion. - Enforcement follow-up: board members said they would revisit administrative penalties and compliance status after staff confirms construction has begun and the piling report has been received.

Background: the SSRB has an open enforcement file on 112 East Marlin stemming from structural concerns and visible partial demolition in the rear of the house. Staff emphasized that pilings and below‑grade structural details are the primary unresolved technical questions for permitting and safe repair.