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Residents say unpermitted multiunit at Avenue H endangers families; council asks staff, attorney to follow up
Summary
Residents and ZBA members told the council that a conversion at 2120 Avenue H went forward without permits and that an appeal may have been filed in the wrong court. City staff said the case is in municipal court and will be reviewed with the newly engaged city attorney; council requested a follow-up report.
Residents and members of Nederland’s Zoning Board of Adjustment pressed the city council on Feb. 2 over an allegedly unpermitted multiunit conversion on Avenue H that they say has created fire and safety risks for tenants.
"There was no inspections on the electrical, on the water... there was 12 to 16 people living in it," said Jacqueline Tups, a ZBA member and resident of 613 North 14th Street, who told councilors the property at 2120 Avenue H had been denied as a quadplex by the ZBA and that the owner later sold the property and filed an appeal. Tups said the appeal was filed in municipal court, not the district or county courts she said are required under Texas law (Texas Code section 211.011), and that the ZBA was not notified.
Jolie Shipley, another resident, said the unit sits five doors from a councilmember and accused city staff of inadequate follow-through on multiple properties, arguing the structure resembled ‘‘lean-to’’ substandard housing and lacked required firewalls and separate meters.
City staff said the matter is now in court. "We filed it in municipal court and it's got to run that course," said Mr. Mills (city manager). Building staff added that they did a walkthrough, recommended smoke detectors and fire extinguishers, and that some life-safety steps had been requested. George Wheeler (building/inspections) told the council inspections and certificates-of-occupancy records can be made more detailed for future reports.
Richard Hughes, the newly engaged city attorney, told the council there were "a lot of legal issues to deal with" and that he would look into the matter with staff before advising the council on next steps.
Fire Department representatives said the applicable fire code provides enforcement authority for commercial structures, but has limited application to single-family residences; they recommended involving child-protective or other agencies if specific life-safety threats to children are identified.
The council directed staff and the city attorney to review the case and report back; Mayor requested a follow-up on the Feb. 23 agenda if possible. No additional formal enforcement action was taken at the meeting while the case proceeds through the municipal court process.
