Ie) cope Dem Via Certified Mail RRR: 7006 0810 0002 8786 1587 PCB Properties LLC 5307 E. Mockingbird Lane, Suite, 200 Dallas, Texas 75206 Via Certified Mail RRR: 7006 0810 0002 8786 1594 PCB Properties LLC clo Registered Agent Steven C. Metzger 3626 N. Hall Street, Suite 800 Dallas, Texas 75219 Re: Block 31/46 Partial Lots6 and 7 Dallas, Texas also known as 807 Elm Street Dear Mr. Metzger: 1am writing to express our concem with the condition ofthe property located at 807 Elm ‘Street Dallas, Texas (hereafter “Property”). According to the real property records of Dallas County, PCB Properties, LLC is the owner of the Property described in this notice. If you ‘no longer own the Property, you must execute an affidavit stating that you no longer own ‘he Property and stating the name and last known address of the person who acquired the Property from you, The affidavit must be delivered, tothe undersigaed atoray, in person ‘or by certified mail, return receipt requested, not later than the 20" day after the date you receive this notice. If you do not send the affidavit, we will lawfully presume that you own, the Property described in this notice, even if you do not. As aparty with an ownership interest in the Property, you are responsible for maintaining the Property in a safs and sanitary condition. The Property is in violation of numerous City ordinances, many of which may create health and safety problems to the neighbors and the {general public. Violations existing on the Property are detailed below, however, this list es not {to purport to be inclusive. Copies of the applicable ordinances cited above are attached to this Teter. Violations of Dallas City Cod 1, There are holes, eracks, and loose surface materials that are health or safety hazards in the floors, wal's or ceilings. Section 27-11(0)9); 2. Failure to keep the doors and windows of a vacant structure securely closed to prevent ‘unauthorized entry. Section 27-11(ay(6);Chapter 54 Notice Lats Re: BOT Elm Suet Dall, Texas December 18,2005, Prsetots 3. ‘There are rodents and vermin on the property, Section 27-11(4(1); 4, Failure to maintain floors, walls, ceilings, and all supporting structural members in a ‘sound condition, capable of bearing imposed loads safely. Section 27-11(b)(6) 5 ure to keep the doors and windows of a vacant stricture securely closed to prevent ‘unauthorized entry. Section 27-11(@\6); 6 ‘The structure is notin a watertight and weather-tight condition. Section 27-11(b)(8); 7. Failure to have properly operating plumbing fixtures to a cold and hot water source in cach structure intended for human habitation. Section 27-1 (eS), 8, Failure to provide and maintain a device to supply hot water at a minimum temperature ‘of 120°F within each structure intended for human habitation. Section 27-11(c)(4). 9. Failure to provide and maintain an operating connection to the public sewer system, Seotion 27-11{e\(1) 10, Exposed electrical wiring exists on the property. Section 27-11(e)(11); and 11, Failure to provide and maintain properly working heating equipment capable of ‘maintaining @ minimum inside temperature of 68°F in each room. Section 27-1 (6)(7) Violations of the Dallas Fire Code: 1. Failure to maintain all doors equipped with fusible links to an approved condition in violation of Section 703.1; 2. Failure to post, provide and maintain shaft way signs forall shaft ways in violation of Section 507.2; 3. Faifure to provide and maintain approved covers for all electrical outlets, boxes, panels and junctions in violation of Section 605.1; 4. ‘There are extension cords being utilized as permanent wiring in violation of Section 605.5; 5. Failure to provide repair and maintain spliced wiring to an approved condition in violation of Sestion 605.6; 6. Failure to repair and maintain exposed wiring to an approved condition in violation of Seotion 605.65,Copter $4 Notice Leer e807 El Ses, Dal, Texas December 1, 2009, Paget 7. Failure to seal wall, floor and ceiling penetrations with a 2-hour rated material that is listed by a nationally recognized testing laboratory in violation of Section 703.1; 8, Feilure to securely close all openings to the building to prevent unauthorized entry in violation of Section 311.2.1; 9. Failure to remove accumulated of combustible materials in violation of Section 304.1; 10, Failure to provide and maintain a barrier to prevent unauthorized entry into the basement in violation of Section 1020.1.5; 11, Failure to repair and maintain the emergency fire eseape to an approved condition in violation of Section 1027.16.7; 12, Failure to post, provide and maintain address visible from the street in ‘contrasting Sackground in violation of Section 505.1; inch numbers on 13, Faiture to post, provide and maintain signs in th stairwell indicating the floor number, stairwell number, roof access or no roof access, and upper and lower terminus in Violation of Seetion 1020.1.6; and 14, Failure to repair and maintain any unsafe condition to an approved condition in violation of Section 110.1.1 ‘The City of Dallas may also request an enginoering report to assess the structural integrity of the Property. This engineering report may reveal additional violations other than those detailed above, Please also ncte that the City of Dallas may file suit against you seeking injunctive relict if you fail to take all setions necessary to remedy the violations on your property. In addition to injunctive relief compelling you to make repairs to the Property to bring it up to Code, the City, ‘may also seek civil penalties of upto $1,000 per day for each violation, running from the date of this leter. We may, also but not exclusively, file class C misdemeanor complaints for the violations existing onthe Property Please provide proof of the commercial general liability insurance coverage required by Section 48B-16 of the Dallas City Code, within 20 days of receipt of this letter, to the undersigned attomey a the following address: ‘Marsha Foulks Dallas City Attomey's Office 1500 Marlla Street, 7CN, Dallas, Texas 75201‘Chap 54 Notice Later ‘Re; S07 Elm Suet, Dall, Texas December 14,2009 tot Nothing inthis leter should be construed as legal advice to you, and you may wish to ‘consult with an attomey. If you are represented by counsel, please direct this correspondence to ‘your attomey. ‘The City will entertain all reasonable settlement offers with provisions to bring ‘the Property up to Code. It may be in your best interest to bring this matter to an expedient and acceptable resolution so as to avoid the costs and delays of protracted litigation. 1 look forward to working with you to identify an acceptable plan for you to bring your Property into compliance. Should you wish to reach me by telephone, you may do s0 at (214) 670.3472. Sincerely, Marsha Fouls [Executive Assistant City Attomey Chief, Code Litigation Section ENCLOSURES ce (Without Enclosures): Joey Zapata, Director of Code Compliance Zaida Basora, Building Official Debra Carlin, Fire MarshalCity of Dallas December 14, 2009 7223 Elm LP. 1412 Main Street, Suite 2200 Dallas, Texas 75202 Via Certified Mail RRR: 7006 0810 0002 8791 3453 7223 Elm LP. Decagain, in., General Partner 8080 North Central Expressway, Suite 880-LB25 Dallas, Texas 75206 Via Certified Mail RRR: 7006 0810 0002 8791 3460 7223 Elm LP. clo Registered Agent Ray B, Baldwin 107 W. Lufkin Avenue, Suite 318 Lufkin, Texas 75901 Via Certified Mail RRR: 7006 0810 0002 8791 3477 Re: Block 31/46, Partial Lots 2, 3 & 4 Dallas, Texas also known as 601 Elm Street Dear Mr. Baldwin: |Lam viriting to express our concem with the condition ofthe property located at 601 Elm Street. Dallas, Texas (hereafter “Property"), According to the real property records of Dallas County, an entity deseribed as 7223 Elm LP and is the owner of the Property described in this notice. If you no longer own the Property, you must execute an affidavit stating that you no longer own the Property and stating the name and last known address of the person who acquired the Property from you. The affidavit must be delivered, to the undersigned attorney, in person or by certified mail, return receipt requested, not later ‘than the 20" day after the date you receive this notice. If you do not send the affidavit, we ‘will lawfully presume that you own the Property described in this notice, even if you do not. ‘Asa party with an ownership interest in the Property, you are responsible for maintaining the Property in a safe and sanitary condition. The Property is in violation of numerous City ordinances, many of which may create health and safety problems to the neighbors and the general public. Violaiions existing on the Property are detailed below, however, this lst does not ‘o purport to be inclusive. Copies of the applicable ordinances cited above are attached to this Teter.Chapter 54 Novice Leer Re: 601 Elm St, Dallas, Texas December 1, 2009, Page ots Violations of Dallas City Code: 1. Failure to keep property fie of liter. Section 7A-18; 2 Fiilure to Keep the doors and windows of a vacant structure securely closed to prevent ‘unauthorized entry. Section 27-11(@N(6), 3. The structure isnot in a watertight and weather-tight condition, Section 27-11(0\8); 4. Failure to meintain floors, walls, ceilings, and all supporting structural members in a sound condition, capable of bearing imposed loads safely, Section 27-11(b\(6); 5. Failure to have properly operating plumbing fixtures to a cold and hot water source in cach structure intended for human habitation, Section 27-11(6)S); 6. Graff has not been removed from the property, Section 31-38(0) 7. Exposed electrical wiring exists on the property, Section 27-11(@)(11); and Violations of the Dallas Fire Code: 1, Failure to provide and maintain approved covers forall ire department connections in violation of Section 912.6; 2 Failure to post address visible from the stret in 4-inch numbers in a contrasting background in violation of Section 505.1; 5. Failure to seal wall, floor and ceiling penetrations with a 2-hour rated material that is listed by a nationally recognized testing laboratory in violation of Section 703.1; 4. Failure to remove combustible material in violation of Section 304.1; 5. Failure to provide annual service of the fire alarm system in violation of Section 901.6; 6. Failure to repair and maintain exposed wiring to an approved condition in violation of Seotion 605.6; 7. Failure to provide and maintain approved covers for all electrical panels, outlets, boxes and junctions in violation of Section 605.1; 8. Failure to repair and maintain illuminated ext signs to an approved condition in violation of Section 1011.25,Chapter $4 Notice Leer e601 Elm St, Dal Texas Decerber 14,2008 9. Failure to service, repair and maintain the sprinkler system to an approved condition in violation of Section 901.6; 10, Failure to previde and maintain an approved barrier forall pitfalls in violation of Section 3124; 11, Failure to post, provide and maintain an approved sign for al pitfalls in violation of Seetion $07.2.1; 12, Failure to provide and maintain annual inspection oF all roll down fire doors equipped ‘ith fusible Inks in violation of Section 703.1; 13. Failure to provide and maintain current boiler certificates in violation of Section 603.5.2: and 14, Failure to remove all flammable and combustible liquids that are no longer being used in violation of Section 311.3. ‘The City of Dallas may also request an engineering report to assess the structural integrity of the Property. This engineering report may reveal additional violations other than those detailed above. Please also note that the City of Dallas may file suit against you secking injunctive relief if you fal to take all actions necessary to remedy the violations on your property. In addition to injunctive relief compelling you to make repairs tothe Property to bring it up to Code, the City ‘may also seek civil penalties of up to $1,000 per day for each Violation, running from the date of| this letter. We may, slso but not exclusively, file class C misdemeanor complaints forall of the violations existing on the Property. Please provide proof of the commercial general liability insurance coverage required by Seotion 48B-16 of the Dallas City Code, within 20 days of receipt of this leter, 10 the undersigned attorney at the following address: Marsha Foulks Dallas City Atomey's Office 1500 Marilla Stret, 7CN Dallas, Texas 75201 Nothing inthis leter should be construed as legal advice to you, and you may wish to consult with an attomey. If you are represented by counsel, please direct this correspondence to your attomey. The City will entertain all reasonable settlement offers with provisions to bring the property up to code. It may be in your best interest to bring this matter 19 an expedient and acceptable resolution so as to avoid the costs and delays of protracted litigation. I look forward to working with you to identify an acceptable plan for you to brine your Property into compliance. Should you wish to reach me by telephone, you may do so at (214) 670-3472,CChaper 54 Notice Letter Re 601 Elm St, Dales, Teas December 14,2009 Pagesord Executive Asistant City Attomey Chief, Code Litigation Section ce (Without Enclosures): Joey Zapata, Director of Code Compliance Zaida Basora, Building Official Debra Catlin, Fire MarshalCity of Dallas December 14, 2009 Via Certified Mail RRR: 7006 0810 0002 8791 3514 Dallas Main St Development LLC P.O. Box 222049 Dallas, Texas 75222 Via Certified Mail RRR: 7006 0810 0002 8791 3521 Dallas Main St Development LLC c/o Lawrence Sweenzy, Registered Agent 201 N. Harwood Street, Suite 300 Dallas, Texas 75201 Via Certified Mail RRR: 7006 0810 0002 8791 3538 Dallas Main St Development LLC clo Lawrence Sweeney, Registered Agent 44900 Singleton Boulevard, Building 3 P.O. Box 222039) Dallas, Texas 75222 Block 76-1/2, Lot 7 Dallas, Texas also known as 1615 Main Street Dear Mr. Sweeney: 1am writing to express our concem with the condition of the property located at 1615 Main Street, Dallas, Texas (hereafter “Property”). According to the real property records of Dallas County, you are the owner of the Property described in this notice. If you no longer own ‘the Property, you must execute an affidavit stating that you no longer own the Property and stating the name and last known address of the person who acquired the Property from you. The affidavit must be delivered, to the undersigned attorney, in person or by certified mail, return receipt requested, not later than the 20" day after the date you receive this notice. If you do not send the affidavit, we will lawfully presume that you own the Property described in this notice, even if you do not. ‘As.a party with an ownership interest in the Property, you are responsible for maintaining the Property in a safz and sanitary condition. The Property is in violation of numerous City ‘ordinances, many of which may create heslth and safety problems to the neighbors and the _general public. Violations existing on the Property are detailed below, however, this list does not to purport to be inchssive. Copies of the applicable ordinances cited above are attached to this Teter.(Chap 54 Notice Lets Re: 1615 Main Suet, Dulas, Texat December 14,2009, Papezors ‘Violations of Dallas City Code: 1, There are sharp objects that are reasonably capable of causing injury to a person. Section 27-11(@\1) 2. Failure to keep the doors and windows of a vacant structure securely closed to prevent unauthorized entry. Section 27-11(a)(6) 3. There are holes, cracks, and loose surface materials that are health or safety hazards in the floors, walls or ceilings. Section 27-11(4)(9) 4. Failure to have properly operating plumbing fixtures to a cold and hot water source in ach structure intended for human habitation. Section 27-11(e)5) 5. Failure to provide and maintain properly working heating equipment capable of ‘maintaining aminimum inside temperature of 68°F in each toom. Section 27-11(¢\7) 6. Failure to provide and maintain properly working air conditioning equipment. Section 27-11(6K8) 7. Exposed electrical wiring exists on the property. Section 27-11(@)(11) ‘Violations of the Dallas Fire Co L._ Failure to provide one 2:10-BC rated portable fire extinguisher for each 3000 square feet maximum travel distance of 75 feet in violation of Section 906.3; 2. Failure to service fire extinguishers and recharge those expended in violation of Section 901.6.1; 3. Failure to repair illuminated exit signs in violation of Section 1011.2; 4. Failure to provide covers for electrical outlets, switches, junction boxes and breaker boxes in violation of Section 605.6; 5. Failure to seal penetration in floors, walls, ceilings with approved material in violation of Sestion 703.1; 6, Failure to provide and maintain signage for open shaft way with six-inch letters (red with ‘white background) in violation of Section 507-2.1; and 7. ‘There are pitflls and open shaft ways in violation of Section 311.21Chapter 54 Notice Leer Re 1615 Main Suet, Dalla, Tenas December 14,2009, Page ot3 ‘The City of Dallas may also request an engineering report to assess the structural integrity of the Property. This engineering report may reveal additional violations other than those detailed above, Please also note that the City of Dallas may file suit against you seeking injunctive relief iff you fal to take all actions necessary to remedy the violations on your property. In addition to injunctive relief compelling you to make repairs to the Property to bring it up to Code, the City ‘may also seek civil penalties of up to $1,000 per day for each violation, running from the date of this letter. We may, also but not exclusively, file class C misdemeanor complaints for all of the violations existing on the Property. Please provide proof of the commercial general lability insurance coverage required by Section 48B-16 of the Dallas City Code, within 20 days of receipt of this leter, to the undersigned attomey atthe following address: Marsha Foulks Dallas Cty Attorney's Office 1500 Marilla Stree, 7CN Dallas, Texas 75201 ‘Nothing in this leter should be construed as legal advice to you, and you may wish to consult with an attommey. If you are represented by counsel, please direct this correspondence to your attomey. The City will entertain all reasonable settlement offers with provisions to bring the Property up to Cede. It may be in your best interest to bring this matter to an expedient and acceptable resolution s0 as to avoid the costs and delays of protracted litigation. 1 look forward. to working with you to identify an acceptable plan for you to bring your Property into ‘compliance. Should you wish to reach me by telephone, you may do so at (214) 670-3472 ENCLOSURES ce (Without Enclosures): Joey Zapata, Director of Code Compliance Zaida Basora, Building Official Debra Carlin, Fie MarshalIe) City of Dallas December 14, 2009 Via Certified Mail RRR: 7006 0810 0002 8786 1532 PCB Properties LLC 5307 E. Mockingbird Lane, Suite 200 Dallas, Texas 75206 Via Certified Mail RRR: 7006 0810 0002 8786 1549 PCB Properties LLC clo Steven C. Metzger, Registered Agent 3626 N, Hall Street, Suite 800 Dallas, Texas 75219 Re: Block 31/46, Partial Lots 2, 3 & 4 Dallas, Texas a.ka, 804 Pacific Avenue Dear Mr. Metzger: {Lam writing to express our concem with the condition of the property located at 804 Pacifie Avenue, Dallas, Texas (hereafter “Property”). According to the real property records of Dallas County, PCB Properties, LI.C is the owner of the Property described in this notice. If you no longer own the Property, you must exeeute an affidavit stating that you no longer own the Property and stating the name and last known address of the person who acquired the Property from you. The affidavit must be delivered, to the undersigned attorney, in person or by certified mai, return receipt requested, not later than the 20" day after the date you receive this notice. If you do not send the affidavit, we will awfully presume that you own the Property deseribed in this notice, even if you do not. As a party with an ownership interest in the Property, you are responsible for maintaining the Property in a safe and sanitary condition. The Property is in violation of numerous City ordinances, many of which may create health and safety problems to the neighbors and the ‘general public, Violations existing on the Property are detailed below, however, tis list does not to purport to be inclusive. Copies of the applicable ordinances cited above are attached to this letter.Chapter 5 Notice eter Re: 808 Pacific Avenue, Dallas, Texas December 14,2009 Pagezord Violations of Dallas City Code: 1 2 Failure to keep property fee of liter. Section 7A-18; Items are being stored outside on the property in violation of the Dallas City Code, Section 51A-4.213(9)E); Failure to repair defects in stairs, porches, steps and baleonies. Section 27-11(6)) Failure to provide and maintain railings for stairs, steps, baleonies, porches and elsewhere fon the property. Section 27-11(0)3); Failure to keep the doors and windows of a vacant structure securely closed to prevent unauthorized 2ntry. Section 27-11(a}(6); ‘The structure isnot in a water-tight and weathertight condition. Section 27-11(b{5); Failure to méintain loots, walls, ceilings, and all supporting structural members in a sound condition, capable of bearing imposed loads safely. Section 27-11(6)(6);, Failure to have properly operating plumbing fixtures to a cold and hot water source in cach structure intended for human habitation. Section 27-11(e)(S), Failure to provide and maintain a device to supply hot water at a minimum temperature ‘of 120°F within each structure intended for human habitation. Section 27-1 (eK); Exposed electrical wiring exists on the property. Section 27-11(@)(11); and Failure to provide and maintain properly working heating equipment capable of ‘maintaining a minimum inside temperature of 68°F in each room. Section 27-11(@)(7); ‘Violations of the Dallas Fire Code: 1 Failure to remove flammable and combustible liquids from the premises (basement) in violation of Section 311.3; Failure to remove the accumulation of combustible material (basement and S* flor) in violation of Section 304.1; ‘The building is being used as a storage facility (basement and 1* flor) in violation of Section 11215, Failure to provide and maintain access to all sprinkler control valves (basement) in violation of Section 510.1;Chapter 54 Novice Leer e804 Pacific Avenue, Dallas, Texas December 14,2009 Pages 5, Failure to secure compressed gas cylinders in an upright postion (basement and 1" floor) in violation of Section 3004.1; 6. ailure to repsir and maintain exposed wiring to an approved condition (basement) in violation of Section 605.6; 7. Failure to obtain annual service of fire doors (basement and S* floor) in violation of Section 703.1; 8, Failure to provide and maintsin a3-fo0t clearance to all portions of the building. (basement) in violation of Section 1014.4.1; 9, Failure to provide and maintain approved covers for all electrical panels, outlets, boxes and junctions (basement and 2 floor) in violation of Section 605.1; 10, Failure to seal wall, floor and ceiling penetrations with # 2-hour rated material that is listed by a nationally recognized testing laboratory (basement, 2 floor, stairwell, wall and ceiling) in violation of Seetion 703.1; 11, There are extension cords being utilized as permanent wiring in violation of Section 605.5; 12, Failure to pos, provide and maintain an approved sign forall shaft ways (basement and '5* floor) in violation of Section 507.2.1; 13. Failure to provide and maintain a bari fo all shaft ways to prevent unauthorized entry (basement and 5* floor) in violation of Section 311.2.15, 14, Failure to securely close all openings to the building (2 and 5" floor) in violation of| Seotion 311.21; 15, Failure to pos: address visible flom the street in 4-inch numbers in a contrasting background ir violation of Section $05.1; 16, Failure to service, repair and maintain the sprinkler system to an approved condition in violation of Section 901.6; 17. Failure to provide annual serviee ofthe fire-escape in violation of Section 1027.16.7; and 18, Failure to provide and maintain structural engincering report forthe access ladder for aceess tothe fire department connections in violation of Section 1027.10, ‘The City of Dallas may also request an engineering report to assess the structural integrity of the Property. This engineering report may reveal additional violations other than those detailed above,(Chapter $4 Notice Lener Re 808 Pail Avenue, Dallas, Tenas December, 2009 Page tot Please also note that the City of Dallas may file suit against you seeking injunctive relief if you fal to take all actions necessary to remedy the violations on your property. In addition to injunctive relief compelling you to make repairs to the Property to bring it up to Code, the City may also seek civil penalties of up to $1,000 per day for each violation, running from the date of this leter. We may, also but not exclusively file class C misdemeanor complaints for all of the violations existing or the Property. Please provide proof of the commercial general liability insurance coverage required by Section 48B-16 of the Dallas City Code, within 20 days of receipt of this letter, to the undersigned attomey atthe following address: Marsha Foulks Dallas City Attorney's Office 1500 Marilla Street, 7CN Dallas, Texas 75201 [Nothing in ths letter should be construed as legal advice to you, and you may wish to consult with an atfomey. If you are represented by counsel, please direct this correspondence to your attomey. The City will entertain all reasonable settlement offers with provisions to bring the Property up to Code. It may be in your best interest to bring this matter to an expedient and acceptable resolution so as to avoid the costs and delays of protracted litigation. I look forward to working with you to identify an acceptable plan for you to bring your Property into compliance. Should you wish to reach me by telephone, you may do so at (214) 670-3472, Chief, Code Litigation Section ENCLOSURES cc (Without Enclosures): Joey Zapata, Director of Code Compliance Zaida Basora, Building Official Debra Carlin, Fie MarshalCity of Dallas December 14,2009 Via Certified Mail RRR: 7006 0810 0002 8786 1488 Leobardo Trevino, Registered Agent Ricchi Dallas Investments, LLC 2501 West Military Fighway, Suite E28 McAllen, Texas 78503 Via Certified Mail RRR: 7006 0810 0002 8786 1495 Ricchi Dallas Investments, LLC. Post Office Box 381 Hidalgo, Texas 78557-0381 Via Certified Mail RRR: 7006 0810 0002 8786 1501 Brie Yollick First National Bank. Post Office Box 7571 ‘The Woodlands, Texss 77387-7571 Via Certified Mail RRR: 7006 0810 0002 8786 1518 ‘Thomas Marvin, PC 1600 Pacific Avenue, Suite 31007 Dallas, Texas 75201 Via Certified Mail RRR: 7006 0810 0002 8786 1525 Depetris Jamea 1600 Pacific Avenue, Suite 3100 Dallas, Texas 75201-3627 Re: Block 120/75, Lots 13, 14, 15, 5, 26, and 27, Dallas, Texas also known as 1600 Pacific Avenue Dea Sirs 1am writing to express our concem with the condition of the property located at 1600 Pacific Avenue, Dallas, Texas (hereafter “Property"). According to the real property records, of Dallas County, you are the owner of the Property described in this notice. If you no longer own the Property, you must execute an affidavit stating that you no longer own the Property and stating the name and last known address of the person who acquired the Property from you, The affidavit mast be delivered, to the undersigned attorney n person or by certified mail, return receipt requested, not later than the 20" day after the date you(Caper $4 Notice Lees es 1600 Pacific Aven, Dll, Texas December 14,2009, Papetot receive this notice. If you do not send the affidavit, we will lawfully presume that you own the Property described in this notice, even if you do not. ‘As a party with an ownership interest in the Property, you are responsible for maintaining the Property in a safe and sanitary condition. The Property is in violation of numerous City ordinances, many of which may ereate health and safety problems to the neighbors and the ‘general public. Violations existing on the Property are detailed below, however, this lst does not {0 purport to be inchsive. Copies of the applicable ordinances cited above are attached to this letter Violations of Dallas City Code: 1, There are hols, excavations, sharp protrusions, and other objector condition that exists fon the land that are reasonably capable of eausing injury to a person in violation of Section 27-1. (a); 2, Failure tothe doors and windows of a vacant structure or vacant portion thereof securely closed to prevent unauthorized entry. 3. The exterior surface is insufficiently protected by paint or other coating so as to protect it from decay, 4. Failure to maintain a structure intended for human occupancy and a structure used as an accessory to & structure intended for human occupancy in a water-tight and weather tight condition in violation of Section 27-11(6)(5); 5. Failure to mantain the walls, oors, ceilings and all supporting structural members in a sound condition, capable of safely bearing imposed loads. 6. There are hols, cracks, and loose surface materials that are health or safety hazards in or ‘on floors, walls, and ceilings in violation of Section 27-11(6}9); 7. Failure to coniect plumbing fixtures and hating equipment in accordance withthe Dallas Plumbing Code and the Dallas Mechanical Code. 8, _Blectricat circuits and outlets are not maintained to safely camry load imposed by normal use of appliances and fixtures in violation of Section 27-11(@)(11); 9. Failure to maintain the interior ofa structure oF vacant portion of a structure fee fom rubbish and garbage in violation of Seetion 27-1 1(@)3);, 10, Faiture to remove graffiti on the property that i visible ffom a public right-of-way or private property in violation of Section 31-38 (b),Chapter $4 Notice Letcr ‘es 1600 Pai Avena Dallas Teas December 1, 2009| Paget nL. ‘You own andor operate a vacant building without a valid certificate of registration, in violation of Section 488-6, In addition to the Dallas City Code, the subject property has the following violations ofthe 2006 International Fire Code (adopted by the City of Dallas): 10. Failure to maintain illuminated exit signs to an approved condition (illumination and directional anows) in violation of Sestion 1011.2; Failure to seal wal, floor and ceiling penetrations with a 2-hour rated material tat is listed by a naionally recognized testing laboratory in violation of Section 703.1; Failure o maintain approved covers forall eletrical panels, outlets, boxes and junctions in violation of Section 608.1; Failure to maintain exit stairwell doors to self.close and sel latch in violation of Section 7032.25 Failure to repair, maintain and service the fre alarm panel to an approved condition in violation of Section 901.6; Failure to rerove the accumulation of combustible material in violation of Section 304.1; ‘There are items improperly stored in the exit stairwell in violation of Section 1003.6; Failure o provide and maintain proper means of egress from every portion ofthe building in violation of Section 1001.1; Faifure to maintain initiating devices forthe fire alarm system in violation of Seetion 901.65, ‘There are extension cords improperly utilized as a means of permanent wiring in violation of Section 6085.5; Failure to remove an accumulation of flammable and combustible iquids in violation of Section 311.3; and Faifure to secure compressed gas cylinders in an upright position in violation of Section 3003.53. ‘The City of Dallas may also request an engincering report to assess the structural integrity of the Property, This engineering report may reveal additional violations other than those detailed above,(Caper 4 Notice Leer ‘er Te00 Pacific Aven, Dallas, Texas December 14,2009 Papetotd Please also note thatthe City of Dallas may file suit against you seeking injunctive relict if you fail to take all actions necessary to remedy the violations on your property. In addition to injunctive relief compelling you to make repairs to the Property to bring it up to Code, the City ‘may also seek civil penalties of up to $1,000 per day for each violation, running from the date of| this letter. We may, also but not exclusively, file class C misdemeanor complaints for al ofthe violations existing on the Proper. Please provide proof of the commercial general lisility insurance coverage required by Sestion 48B-16 of the Dallas City Code, within 20 days of receipt of this letter, to the undersigned attomey atthe following address: Marsha Foulks Dallas City Attomey's Office 1500 Marilla Steet, 7CN Dallas, Texas 75201 Nothing in this letter should be construed as legal advice to you, and you may wish to consult with an attoriy, Ifyou are represented by counsel, please direct this correspondence to your attomey. The City will entertain all reasonable setlement offers with provisions to bring, the Property up to Code. It may be in your best interest to bring this matter to an expedient and acceptable resolution so as to avoid the costs and delays of protracted litigation. 1 look forward to working with you to identify an acceptable plan for you to bring your Property into ‘compliance, Should you wish to reach me by telephone, you may do goat (214) 670-3472. Sincerely, (ur Marsh Foul Executive Assistant City Attomey Chief, Code Litigation Section ENCLOSURES ‘ce (Without Enclosures): Joey Zapata, Director of Code Compliance Zaida Basora, Building Official Debra Carlin, Fire MarshalCity of Dallas December 18, 2009 Ervay Lofts LP. P.O.Box 7019 Incline Village, NV $9450, Via Certified Mail RRR: 7006 0819 0002 8791 4801 Envay Lofts LP, 717 Leonard LLC, General Partner 555 Twelfh Street, Suite 215 ‘Oakland, CA 94607 Via Certified Mait RRR: 7006 0810 0002 8791 4818 Enay Lofts LP. clo Paracorp Ine., Registered Agent 3610-2N. Josey Lane, Suite 223, Carroton, TX 75007 Via Certified Malt RRR: 7006 0810 0002 8791 4825 Re: Block F/100 Dallas, Texas also known as $00 S. Ervay Street ‘To Whom It May Corcern: 1am writing to express our concer with the condition of the property located at $00 S. rvay Street Dallas, Texas (hereafter “Property”. According to the real property records of Dallas County, you are the owner of the Property described in this notice. If you no longer ‘own the Property, you must execute an affidavit stating that you no longer own the Property and stating the name and last known address of the person who acquired the Property from you. The affidavit must be delivered, to the undersigned attorney, in person or by certified mail, return receipt requested, not later than the 20” day after the date you receive this notice. Ifyou do not send the affidavit, we will lawfully presume that you own the Property deseribed in this notice, even if you do not. ‘Asa party with an ownership interest in the Property, you are responsible for maintaining the Property in a safe and sanitary condition. The Property is in violation of numerous City ordinances, many of which may create health and safety problems to the neighbors and the general public. Violations existing on the Property are detailed below, however, this list does not {o purport to be inclusive. Copies of the applicable ordinances cited above are attached to this TeterChapter 4 Notice Leer 5008. Ervay Soest, Dallas, Texas corer Violations of Dallas City Code: L. ‘There are sharp objects that are reasonably capable of causing injury to a person. Section 27-11G@XY, 2. Failure to keep the doors and windows of a vacant structure securely closed to prevent ‘unauthorized entry. Section 27-11(a)(6);, 3. Failure to proteet the exterior surfaces ofthe structure from decay. Section 27-11(bX(1); 4. Failure to provide and maintain railings for stairs, steps, balconies, porches and elsewhere con the property. Section 27-11(0)(3); 5. The structure isnot in a water-tight and weather-tight condition. Seetion 27-11(6\3); 6. Chimney flues and vents on the property ate in need of repair or replacement. Section 27-A1O}B); 7. There are holes, cracks, and loose surface materials that are health or safety hazards in the floors, walls or ceilings. Section 27-11(6)(9); 8. Failure to keep property free of litter. Section 7A-18; 9. Graffiti has not been removed from the property. Section 31-38(6); 10. ‘There are weeds or grass on the property that are at a height greater than twelve (12) inches. Section 18-13(a)(1); 11, Failure to maintain floors, walls, ceilings, and all supporting structural members in a sound condition, capable of bearing imposed loads safely, Section 27-11(6)(6), 12, Failure to have properly operating plumbing fixtures to a cold and hot water source in cach structure intended for human habitation, Section 27-11(@)(5); and 13, Exposed electrical wiring exists on the property, Section 27-11(e\11).. Violations of the Dallas Fire Code: 1. Failure to secure compressed gas cylinders in an upright postion in violation of Section 3008.5.35 2, Failure to mount portable fire extinguishers in a conspicuous accessible location in violation of Section 906.5;Chapter $4 Notice Leer Re: 3008. vay Suet, Dallas, Texas * December 18, 2009 Page tats 3. Failure to mount portable fre extinguishers so that the tops are not more than 5 feet above the floor in violation of Section 906.9; 4. Failure to provide and maintain a barrier in the exit stairwell to prevent unauthorized entry to the basement in violation of Section 1020.1.5; 5, Failure to provide and maintain properly rated fire doors for exit stairwell access in violation of Section 703.1; 6, Failure 10 post, provide and maintain signage in each stairwell indicating the floor number, stairwell number, roof access or no roof access, and upper and lower terminus in violation of Section 1020.1.6; 7. Failure to provide and maintain access to an exit stairwell from the roof in violation of | Section 1009.11; 8, Failure to provide and maintain signage for open shaft ways in violation of Section 5072; 9. Failure to previde and maintain a barrier for open shaft ways to prevent unauthorized entry in violation of Seetion 311.2.1; 10. There are $5-gallon drums with flammable and combustible liquids that are no longer being used in violation of Section 311.3; 11, Failure to remove the accumulation of combustible waste in violation of Section 304.1; 12, Failure to repair and maintain illuminated exit signs to an approved condition in violation ‘of Section 1011.25, 13, Failure to repair and maintain exit stairwell doors to self-close and selflatch in violation of Section 7022.35, 14. Failure to seal wall, floor and ceiling penetrations with a 2-hour rated material that is listed by a natonaly recognized testing laboratory in violation of Section 703.1; 15. Failure to provide and maintain signs indicating open shaft ways in violation of Section 703.1; 16, Failure to provide and maintain a barier for open shaft ways to prevent unauthorized entry in violaton of Seetion 703.1; 17. Failure fo obtain annual service of portable fre extinguishers by a licensed individual in violation of Section 901.6.1;Cape 4 Notice Leer 5008. Eevay Steet, Dass, Texas ‘December 18,2009 Paget a3 18. Failure to provide and maintain service ofthe fire alarm panel or remove all combustibles from the building in violation of Section 311.2.2; 19, Failure to maintain a current elevator inspection certificate on all operating elevators in violation of Section 607.45 20. ‘There are flanmable and combustible liquids being stored outside of approved cabinets in violation of Section 3404,3.4.4 21, Failure to repair and maintain exit stairwell doors so that the fire rating is maintained in violation of Section 703,15 22, Failure remove welding/cutting equipment until approved and permitted in violation of Section 105.623; 23, ‘There are extension cords being utilized as a means of permanent electricity in violation of Section 6085.5; 24, Failure to repair and/or maintain spliced witing to an approved condition in violation of Seotion 605.65, 25. Failure to obtain a City of Dallas permit for weldingleutting in violation of Section 105.623; and 26, Failure to provide and maintain covers for fire department connections in violation of Section 912.6, ‘The City of Dallas may also request an engineering report to assess the structural integrity of the Property. This engineering report may reveal additional violations other than those detailed above, Please also note that the City of Dallas may file suit against you seeking injunctive reliet if you fail to take all zetions necessary to remedy the violations on your property. In addition to injunctive relief compelling you to make repairs to the Property to bring it up to Code, the City ‘may also seek civil penalties of upto $1,000 per day foreach violation, aceruing from the date of | this leter. We may, so but not exclusively, file class C misdemeanor complaints forall of the violations existing on the Property. Please provide proof of the commercial general liability insurance coverage required by Seetion 48B-16 of the Dallas City Code, within 20 days of receipt of this letter, to the undersigned attorney atthe following address Dallas City Attorney's Office 1500 Marilla Street, 7CN Dallas, Texas 75201(Chaper S4 Nosce Leter es S00, Eeay Suet, Dla, Texas December 1, 2009 Press [Nothing in this letter should be construed as legal advice to you, and you may wish to consult with an attorney. If you are represented by counsel, please direct this correspondence to your attorney. The City will entertain all reasonable settlement offers that make provisions (0 bring the Property up to Code. It may be in your best interest to bring this matter to an expedient and acceptable resolution s0 as to avoid the costs and delays of protracted litigation. I look {orward to working with you to identify an acceptable plan for you to bring your Property into compliance. Should you wish to reach me by telephone, you may do so at (214) 670-3472, Sincerely, dled “Executive Assistant City Attomey Chief, Code Litigation Section ENCLOSURES ce (Without Enclosures): Joey Zapata, Director of Code Compliance Zaida Basora, Building Official Debra Catlin, Fire Marshal