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FILED

DALLAS COUNTY
10/5/2018 4:59 PM
FELICIA PITRE
2 CIT ES DISTRICT CLERK

Angie Avina

Cause No.
N0. DC-18-12419
DC'18-12419

CITY OF DALLAS, § IN THE DISTRICT COURT


Plaintiff,
Plaintiff, §
§
V. §
§
§
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DALLAS COUNTY, TEXAS
RIDGECREST HOLDINGS, LLC, and §
400 SOUTH WALTON WALKER
400 §
BOULEVARD, DALLAS, §
TEXAS, in
in rem §
Defendants.
Defendants. § 160th
160m JUDICIAL DISTRICT

0F DALLAS'S
CITY OF DALLAS’S FIRST AMENDED
ANIENDED PETITION,
PETITION. REQUEST FOR TEMPORARY
AND PERMANENT IN.JUNCTION,
INJUNCTION. AND REQUEST FOR DISCLOSURES

TO THE HONORABLE COURT:

Plaintiff,
Plaintiff, The City
City of
of Dallas
Dallas (the
(the "City"),
“City"), files
files this
this Original
Original Petition,
Petition, Request for
for

Temporary Injunction
Injunction and Permanent Injunction,
Injunction, and Request for
for Disclosures,
Disclosures, and in
in support
support of
0f

which would respectfully


respectfully show the
the Court
Court the
the following:
following:

I.
I. DISCOVERY CONTROL PLAN AND REQUEST FOR DISCLOSURE

1.
1. Discovery
Discovery is
is intended
intended to
t0 be
be conducted
conducted under
under Level 2 of
0f Rule 190
190 of
0f the
the Texas
Texas Rules
Rules

of
0f Civil Procedure.
Ciyil Procedure.

2.
2. Defendant
Defendant is
is requested
requested to
t0 disclose,
disclose, within
within fifty
fifty (50)
(50) days
days of
0f service
service of
of this
this request,
request,

the information
the information or
0r material
material described
described in
in Rule 194.2
194.2 of
0f the
the Texas Rules
Rules of
of Civil
Civil Procedure.
Procedure.

II.
II. PARTIES

3.
3. Plaintiff,
Plaintiff, the
the City
City of
0f Dallas,
Dallas, is
is a
a home-rule municipal
municipal corporation
corporation situated
situated primarily
primarily

in
in Dallas
Dallas County,
County, Texas,
Texas, incorporated
incorporated and
and operating
operating under the laws of
the laws 0f the
the State
State of
0f Texas.
Texas.

4.
4. Defendant,
Defendant, Ridgecrest
Ridgecrest Holdings,
Holdings, LLC ("Ridgecrest"),
(“Ridgecrest”), is
is a
a Texas Limited
Limited Liability
Liability

Company who owns and


and controls
controls the
the real
real property
property located
located in
in Dallas
Dallas County that is
County that is the
the subject
subject of
0f

Plaintiff's
Plaintiff’s First
First Amended Petition,
Petition, Request for
for Temp. and Permanent Injunction,
Injunction, Request for Disclosures -— Page I
for Disclosures l
this suit. Service
this suit. Service of process may be
of process be made upon its
its registered
registered agent, Interstate Agent Services
agent, Interstate Services

12830 Hillcrest
Hillcrest Road,
Read, Suite
Suite 111 Dallas, TX 75230,
111 Dallas, 75230, or wherever the
0r wherever the agent
agent may be
be found.
found.

5.
5. The real
real property
property located
located at
at Blk 7665 Lot
Lot 8,
8, a/k/a
a/k/a 400 South Walton Walker

Boulevard,
Boulevard, Dallas, Texas (referred
Dallas, Texas to hereafter
(referred t0 hereafter as
as the “Propeny’fi, in
the "Property"), in rem,
rem, is
is the
[he place
place where the
the

nuisance exists
common nuisance exists and may be
be served
served with citation
citation through
through the
the owner of
0f the
the property,
property,

Ridgecrest, through
Ridgecrest, through its
its registered
registered agent,
agent, Interstate
Interstate Agent Services
Services 12830 Hillcrest
Hillcrest Road, Suite 111
Road, Suite 111

Dallas,
Dallas, TX 75230,
75230, or wherever the
or wherever the agent
agent may be
be found.
found.

III. VENUE AND JURISDICTION


III.

6.
6. The City
City re-alleges
re—alleges paragraphs
paragraphs 1-5
1-5 as
as if
if fully
fully set
set forth
forth herein.
herein.

7.
7. The City brings this
City brings this cause
cause of
0f action
action to
t0 obtain
obtain temporary
temporary and
and permanent injunctive
injunctive

relief and recover


relief recover civil
civil penalties
penalties against
against Defendants pursuant to Subchapter
pursuant t0 B of
Subchapter B of Chapter
Chapter 54 of
0f the
the

Texas Local
Texas Local Government Code as well as
as well as Chapter
Chapter 125
125 of
of the
the Texas Civil
Civil Practice
Practice and
and Remedies

Code.
Code.

8.
8. This
This Court has jurisdiction
Court has jurisdiction and venue is
is proper
proper pursuant
pursuant to
to Section
Section 125.002(a)
125.002(a) of
0f

the Texas Civil


the Practice and
Civil Practice Remedies Code ("CPRC")
(“CPRC”) and
and Section
Section 54.013
54.013 of
0f the
the Texas
Texas Local
Local

Government Code.
Code.

9.
9. This cause
This cause of
of action
action 1s brought in
is brought personam and
in personam and in rem pursuant
in rem to Section
pursuant t0 Section

125.002(b) of the
125.002(b) 0f the CPRC.

IV.
IV. FACTS

10.
10. The City
City re-alleges paragraphs 1-9 as
re—alleges paragraphs as if
if fully
fully set
set forth
forth herein.
herein.

11.
11. Defendant Ridgecrest
Defendant Ridgecrest owns and
and controls
controls the
the Property.
Property.

12.
12. The structures
structures on the Propfirty
0n the Property are
are occupied multi-family structures
occupied multi-family structures operating
operating under
under

the
[he name "Ridgecrest
“Ridgecrest Terrace Apartments."
Terrace Apartments."

Plaintiff's First Amended Petition,


Plaintiff‘s First Petition, Request for
for Temp.
Temp, and
and Permanent Injunction,
Injunction. Request Disclosures -— Page 2
for Disclosures
Request for 2
13.
13. Defendant
Defendant maintains
maintains the
the Property
Property as
as a place where
a place where persons
persons habitually
habitually go
go t0
to commit
commit

crimes
crimes of
0f disorderly
disorderly conduct,
conduct, aggravated
aggravated assault,
assault, arson, criminal mischief,
arson, criminal mischief, sexual
sexual assault,
assault, robbery,
robbery,

and
and aggravated
aggravated robbery,
robbery, and
and the
the Property
Property is
is frequently used in
frequently used in furtherance
furtherance 0f
of the
the criminal
criminal

activities.
activities.

14.
14. The
The Property
Property has
has a
a reputation
reputation for being aa high-crime
for being high-crime property.
property.

15.
15. During
During the
the period
period from
from June
June 9,
9, 2017 to August
2017 to August 9,
9, 2018,
2018, the
the following
following abatable
abatable

criminal
criminal activity
activity has
has occurred
occurred at
at the
the property:
property:

a.
a. Three
Three (3)
(3) incidents
incidents of
of Unlawful
Unlawful Discharge of aa Firearm
Discharge 0f Firearm as
as prohibited
prohibited by
by the
the Texas
Texas

Penal
Penal Code;
Code;

b. Six
Six (6)
(6) incidents
incidents of
of Aggravated
Aggravated Assault as described
Assault as described by
by Section
Section 22.02
22.02 0f
of the
the Texas
Texas

Penal
Penal Code;
Code;

c. One (1)
( 1) incident
incident of
0f Robbery as
as described by Section
described by Section 29.02
29.02 0f
of the
the Texas
Texas Penal
Penal Code;
Code;

d. Four ((4)
4) incidents
incidents of
of Aggravated Robbery as
as described
described by
by Section
Section 29.03
29 .03 of
of the
the Texas
Texas

Penal
Penal Code;
Code;

e. Four ((4)
4) incidents
incidents of
0f Criminal Mischief as
as described
described by
by Section
Section 28.03
28.03 0f
of the
the Texas
Texas

Penal
Penal Code;
Code;

f. One (1)
(1) incident
incident of
0f Arson as
as described by 28.02
described by 28.02 0f
of the
the Texas
Texas Penal
Penal Code;
Code;

g. Six
Six (6)
(6) incidents
incidents of
0f Possession of
0f Marijuana 0r
or Possession
Possession 0f
of aa Controlled
Controlled Substance
Substance

as
as described
described by
by Chapter
Chapter 481 of
of the Health and
the Texas Health and Safety
Safety Code;
Code;

h. One (1)
(1) incident
incident of Sexual Assault as
as described by
by Section
Section 22.011
22.011 0f
of the
the Texas
Texas Penal
Penal

Code.

16.
16. Additionally,
Additionally, the
the physical
physical condition
condifion of the Property
0f the Property is
is aa testament
testament t0
to the
the owner’s
owner's

neglect
neglect and tolerance of
0f the nuisance. The City
City has performed
performed multiple
multiple code
code and fire
fire inspection
inspection

Plaintiff's First Amended Petition.


Plaintiff’s First Petition, Request
Request for
for Temp.
Temp. and
and Permanent Injunction, Request
Permanent Injunction, Request for Disclosures —- Page
for Disclosures Page 33
13.
13. Defendant
Defendant maintains
maintains the
the Property
Property as
as a place where
a place where persons
persons habitually
habitually go
go t0
to commit
commit

crimes
crimes of
0f disorderly
disorderly conduct,
conduct, aggravated
aggravated assault,
assault, arson, criminal mischief,
arson, criminal mischief, sexual
sexual assault,
assault, robbery,
robbery,

and
and aggravated
aggravated robbery,
robbery, and
and the
the Property
Property is
is frequently used in
frequently used in furtherance
furtherance 0f
of the
the criminal
criminal

activities.
activities.

14.
14. The
The Property
Property has
has a
a reputation
reputation for being aa high-crime
for being high-crime property.
property.

15.
15. During
During the
the period
period from
from June
June 9,
9, 2017 to August
2017 to August 9,
9, 2018,
2018, the
the following
following abatable
abatable

criminal
criminal activity
activity has
has occurred
occurred at
at the
the property:
property:

a.
a. Three
Three (3)
(3) incidents
incidents of
of Unlawful
Unlawful Discharge of aa Firearm
Discharge 0f Firearm as
as prohibited
prohibited by
by the
the Texas
Texas

Penal
Penal Code;
Code;

b. Six
Six (6)
(6) incidents
incidents of
of Aggravated
Aggravated Assault as described
Assault as described by
by Section
Section 22.02
22.02 0f
of the
the Texas
Texas

Penal
Penal Code;
Code;

c. One (1)
( 1) incident
incident of
0f Robbery as
as described by Section
described by Section 29.02
29.02 0f
of the
the Texas
Texas Penal
Penal Code;
Code;

d. Four ((4)
4) incidents
incidents of
of Aggravated Robbery as
as described
described by
by Section
Section 29.03
29 .03 of
of the
the Texas
Texas

Penal
Penal Code;
Code;

e. Four ((4)
4) incidents
incidents of
0f Criminal Mischief as
as described
described by
by Section
Section 28.03
28.03 0f
of the
the Texas
Texas

Penal
Penal Code;
Code;

f. One (1)
(1) incident
incident of
0f Arson as
as described by 28.02
described by 28.02 0f
of the
the Texas
Texas Penal
Penal Code;
Code;

g. Six
Six (6)
(6) incidents
incidents of
0f Possession of
0f Marijuana 0r
or Possession
Possession 0f
of aa Controlled
Controlled Substance
Substance

as
as described
described by
by Chapter
Chapter 481 of
of the Health and
the Texas Health and Safety
Safety Code;
Code;

h. One (1)
(1) incident
incident of Sexual Assault as
as described by
by Section
Section 22.011
22.011 0f
of the
the Texas
Texas Penal
Penal

Code.

16.
16. Additionally,
Additionally, the
the physical
physical condition
condifion of the Property
0f the Property is
is aa testament
testament t0
to the
the owner’s
owner's

neglect
neglect and tolerance of
0f the nuisance. The City
City has performed
performed multiple
multiple code
code and fire
fire inspection
inspection

Plaintiff's First Amended Petition.


Plaintiff’s First Petition, Request
Request for
for Temp.
Temp. and
and Permanent Injunction, Request
Permanent Injunction, Request for Disclosures —- Page
for Disclosures Page 33
Chapter 27 of
0f the
the Dallas
Dallas City
Citv Code:

a.
a. Failure
Failure to
t0 perform all
all repairs
repairs in
in a
a workmanlike manner,
manner, and in
in accordance with all
all

applicable
applicable federal,
federal, state,
state, and local
local laws,
laws, rules
rules and regulations,
regulations, including
including the
the

construction
construction codes,
codes, in
in violation
violation of
0f Section
Section 27-ll(b);
27—1 I(b);

b.
b. Failure
Failure to
to maintain
maintain protect,
protect, by
by periodic
periodic application
application of
0f paint
paint or
or other
other weather-coating

materials,
materials, any
any exposed
Exposed metal or
or wood surfaces
surfaces from the
the elements and against
against decay
decay

or
0r rust,
rust, in
in violation
Violation of
0f Section
Section 27-11 (c)(7);
27—1 1(c)(7);

c.
c. Failure
Failure to
to maintain
maintain building
building and structural
structural materials,
materials, including
including wood, gypsum

products,
products, glass,
glass, fiberglass,
fiberglass, paper,
paper, canvas,
canvas, fabric
fabric plastic,
plastic, vinyl,
Vinyl, masonry,
masonry, ceramic,
ceramic,

plastic,
plastic, brick,
brick, rock,
rock, stucco,
stucco, slate,
slate, concrete,
concrete, asphalt,
asphalt, tin,
tin, copper,
copper, steel,
steel, iron,
iron, aluminum,

and other
other metals,
metals, in
in operating
operating condition,
condition, in
in violation
Violation of
of Section
Section 27-ll(d)(2);
27-11(d)(2);

d.
d. Maintain
Maintain all
all flooring
flooring in
in operating
operating condition,
condition, free
free from holes,
holes, cracks,
cracks, decay,
decay, and trip
trip

hazards,
hazards, in
in violation
violation of
0f Section
Section 27-11 (d)( 6);
27-1 l(d)(6);

e.
c. Failure
Failure to
to maintain
maintain kitchen
kitchen and bathroom countertops
countertops and backsplashes
backsplashes surrounding
surrounding

kitchen
kitchen sinks
sinks and lavatory
lavatory sinks
sinks in
in operating
operating condition,
condition, free
free of
0f decay,
decay, rust,
rust, and rot,
rot,

in
in violation
violation of
of Section
Section 27-ll(d)(8);
27—1 1(d)(8);

f.f. Failure
Failure to
t0 maintain
maintain all
all interior
interior walls
walls and
and ceilings
ceilings in
in operating
operating condition,
condition, in
in violation
Violation

of
of Section
Section 27-11 (d)(9)(A):
27— 1 l(d)(9)(A):

g.
g. Failure
Failure to
t0 maintain
maintain all
all interior
interior surfaces,
surfaces, including
including windows and
and doors,
doors, in
in operating
operating

condition,
condition, in
in violation
Violation of
0f Section
Section 27-ll(d)(9)(C);
27— 1 1(d)(9)(C);

h.
h. Failure
Failure to
t0 repair,
repair, remove, or
or cover all
all peeling,
peeling, chipping,
chipping. flaking,
flaking, or
0r abraded
abraded paint,
paint, in
in

violation
violation of
0f Section
Section 27-11( d)(9)(D);
27—1 1(d)(9)(D);

Plaintiff's
Plaintiff’s First
First Amended Petition,
Petition, Request for
for Temp. and Permanent Injunction,
Injunction, Request for Disclosures -~ Page 5
for Disclosures 5
of
0f the
the Property,
Property, and
and each
each time
time has
has found
found the
the Property not t0
Property not to be
be in
in compliance
compliance with
with minimum
minimum

housing
housing standards.
standards. Code
Code and
and fire
fire violations
Violations have plagued the
have plagued the Property
Property for
for many
many years,
years, including,
including,

but
but not
not limited
limited to,
to, failure
failure to
t0 provide
provide fire
fire extinguishers, insect infestation,
extinguishers, insect infestation, chronic
chronic plumbing
plumbing and
and

HV AC issues,
HVAC issues, and
and other
other unsanitary
unsanitary conditions.
conditions.

17.
17. Representatives
Representatives from
from the
the Dallas
Dallas Police Department, Dallas
Police Department, Dallas Fire
Fire Rescue,
Rescue, and
and Dallas
Dallas

Code
Code Enforcement
Enforcement have
have notified
notified and
and met
met with Defendants on
with Defendants on multiple
multiple occasions
occasions regarding
regarding the
the

condition
condition of
0f the
the Property
Property and
and the
the issue
issue of
0f the
the Property being used
Property being used for
for criminal
criminal activity.
activity.

18.
18. Attached
Attached as
as Exhibit
Exhibit A is
is the
the affidavit of Officer
affidavit of Officer Tawanna
Tawanna Manuel
Manuel in
in support
support 0f
of the
the

above
above facts.
facts.

19.
19. The
The City
City offered
offered a
a proposed
proposed and negotiable agreement
and negotiable agreement regarding
regarding nuisance
nuisance

abatement
abatement and
and code
code violation
Violation repair
repair to
to Defendants, which included
Defendants, which included detailed
detailed recommendations
recommendations for
for

reducing
reducing criminal
criminal activity
activity on
0n the
the Property
Property as well as
as well as aa reasonable
reasonable timeline
timeline for
for abating
abating the
the

outstanding
outstanding code
code and fire
fire violations
Violations present
present on the Property.
0n the Property. However,
However, Defendants
Defendants refused
refused t0
to

discuss
discuss or
0r sign
sign the
the agreement.
agreement.

20.
20. Defendants knowingly tolerate the habitual
tolerate the habitual criminal
criminal activity,
activity, have
have failed
failed t0
to make
make

reasonable
reasonable attempts
attempts to
t0 abate
abate the
the activity,
activity, and continue to maintain
continue to maintain the
the Property
Property as
as aa common
common

nmsance.
nuisance.

21.
21. Defendants have also
also failed
failed to bring the
t0 bring the Property
Property into
into compiiance
compliance with
with minimum
minimum

housing
housing standards
standards and the Dallas City
City Code and Dallas
Dallas Fire
Fire Code.
Code.

22.
22. The
The lack
lack of
0f required
required fire
fire extinguishers in
in combination
combination with
with the
the other
other numerous
numerous

hazards
hazards listed
listed herein
herein pose
pose substantial
substantial risk
risk of
of danger to public
danger t0 public health
health and
and safety.
safety.

23.
23. Additionally,
Additionally, the
the following
following violations of the
Violations 0f the Dallas
Dallas City
City Code
Code exist
exist 0r
or have
have existed
existed

on
0n the
the Property:
Property:

Plaintiff's
Plaintiff’s First Amended Petition,
First Amended Petition, Request
Request for
for Temp.
Temp. and Permanent Injunction,
and Permanent Injunction, Request
Request for Disclosures —- Page
for Disclosures Page 44
r.
r. Failure to
Failure use extension
to use extension cords
cords and flexible cords in
flexible cords in accordance with the
accordance with the construction
construction

codes, and
codes, and not
not as
as substitutes
substitutes for
for permanent wiring,
wiring, in violation of
in violation 0f Section 27-
Section 27—

ll(g)(5);
11(g)(5);

s.
s. Failure to
Failure to maintain
maintain illumination
illumination of
0f four
four footcandles
footcandles for
for exterior lighting on
exterior lighting the
0n the

premises, measured
premises, measured in
in accordance
accordance with
with the
the Housing Standards Manual, in
Standards Manual, in violation
violation

of
0f Section
Section 27-1
27-1 l(h)(l)(B);
1(h)(1)(B);

t.
t. Where evidence
evidence 0f
of an infestation exists,
an infestation exists, failure to eliminate
failure t0 eliminate the infestation using
the infestation using aa

person licensed
person licensed under the Texas
under the Texas Structural Pest Control
Structural Pest Act, as
Control Act, as amended,
amended, and repair
repair

any condition
any condition that contributes to
that contributes that infestation,
t0 that infestation, in violation of
in Violation 0f Section 27-
Section 27-

ll(i)(l)(A);
11(i)(1)(A);

u.
u. Failure
Failure to provide written
to provide notice to
written notice to the
the tenants
tenants at least 48 hours
at least hours before
before taking
taking steps
steps

to eliminate the
to eliminate the infestation,
infestation, in violation 0f
in Violation of Section
Section 27—1
27-1 l(i)(l)(B)
1(i)(1)(B) and
and (B)(i);
(B)(i);

Chapters 18,
Chapters 18, 19,
I9, and 31
31 of the Dallas
0f the Dallas City
CitV Code:

v. Failure
v. to do
Failure to not deposit,
d0 not deposit, cause
cause to
to be
be deposited, or permit
deposited, or permit to
to accumulate
accumulate any
any dry
dry or
0r

wet solid
wet solid waste
waste upon
upon any
any public
public or private premises
0r private premises within
within the
the city in such
city in such a manner
a manner

as t0
as to emit noxious or
emit noxious or offensive odors or
offensive odors to
or t0 become unsanitary
unsanitary or injurious to
0r injurious public
t0 public

health or
health 0r safety, in Violation
safety, in violation of
0f Section
Section 18-50;
18-50;

w. Failure
W. Failure to
to do
d0 not suffer 0r
not suffer or permit
permit any
any cellar, vault, drain, pool, privy, sewer,
cellar, vault, drain, p001, privy, sewer, yard,
yard,

grounds 0r
grounds or premises to become,
premises to become, from
from any cause, nauseous,
any cause, nauseous, foul,
foul, offensive
offensive or injurious
or injurious

to the
t0 the public
public health,
health, or
or unpleasant
unpleasant and disagreeable
and disagreeable to adjacent residents or persons,
to adjacent residents or persons,

in violation of
in Violation of Section
Section 19-17;
19—17;

x. Failure
x. Failure t0
to remove all graffiti from the
all graffiti the property
property that
that is
is visible
visible from
from any
any public
public property
property

or right-of-way 0r
or right-of—way or from
from any
any private
private property
property other
other than
than the
the property
property on
0n which the
the

Plaintiff's First Amended Petition,


Plaintiff’s First, Request for
Petition, Request, for Temp. and
and Permanent
Permanent Injunction, Request for
Injunction, Request Disclosures -— Page 7
for Disclosures 7
graffiti
graffiti exists,
exists, unless
unless the
the graffiti
graffiti was created
created on
0n the
the property
property with
with the
the owner's
owner’ s consent

and does not


not violate
violate the
the sign
sign regulations
regulations of the
the Dallas Development Code or
or any
any other

applicable
applicable city
city ordinance or
or state
state or
0r federal
federal law,
law, in
in violation
violation of Section 31-38(b);
3 138(1)):

Dallas
Dallas Development Code:

y.
y. Failure
Failure to
to do not
not place,
place, store,
store, or
or maintain outside
outside for
for a
a period
period in
in excess
excess of
of 24 hours,
hours,

an item
item which is
is not
not customarily
customarily used or
0r stored
stored outside,
outside, in
in violation
Violation of
0f Section

4.217(b )(6)(E)(i)(aa);
4.217(b)(6)(E)(i)(aa);

z.
z. Failure
Failure to
to do not
not place,
place, store,
store, or
0r maintain outside
outside for
for a
a period
period in
in excess
excess of
0f 24 hours,
hours,

an item which is
is not
not made of a material
material that
that is
is resistant
resistant to
t0 damage or
or deterioration
deterioration

from exposure to
t0 the
the outside
outside environment,
environment, m
in violation
violation of
of Section
Section

4.217(b )(6)(E)(i)(bb );
4.217(b)(6)(E)(i)(bb);

Dallas
Dallas Administrative Procedures for
for the
the Construction Code:

aa.
aa. Failure
Failure to
t0 obtain
obtain a
a permit from the
the building
building official
official before
before erecting,
erecting, constructing,
constmcting,

enlarging,
enlarging, adding to,
to, altering,
altering, repairing,
repairing, replacing,
replacing, moving,
moving, improving,
improving, removing,
removing,

installing,
installing, converting,
converting, demolishing,
demolishing, equipping,
equipping, using,
using, occupying,
occupying, or
or maintaining
maintaining a
a

structure
structure or
0r building
building service
service equipment;
equipment; excavating
excavating or
0r maintaining
maintaining an excavation;
excavation;

paving or
or grading
grading on
0n aa property;
property; causing
causing such
such work or
or activity
activity described
described above to
t0 be

done,
done, in
in violation
violation of
of Section
Section 52-301.1.1;
52-30111;

Dallas
Dallas Fire
Fire Code

bb. Failure
bb. Failure to
t0 maintain
maintain storage
storage 2
2 feet
feet or
or more below the
the ceiling
ceiling in
in nonsprinkled
nonsprinkled areas
areas of
0f

buildings
buildings or
0r not
not less
less than
than 18
18 inches
inches below sprinkler
sprinkler head deflectors
deflectors in
in sprinkled
sprinkled areas
areas

of
Of buildings,
buildings, in
in violation
violation of
of Section
Section 315.3.1;
315.3.1;

Plaintiff's
Plaintiff‘s First
First Amended Petition,
Petition. Request for
for Temp. and Permanent Injunction,
Injunction, Request for Disclosures -~ Page 8
for Disclosures 8
cc.
cc. Failure
Failure to
t0 not use extension
not use extensien cords
cords and flexible
flexible cords
cords as
as a
a substitute
substitute for
for permanent

wiring,
wiring, in
in violation
Violation of
0f Section
Section 605.5;
605.5;

dd.
dd. For
For electrical
electrical appliances
appliances and
and fixtures,
fixturas, failure
failure to
t0 test,
test, and
and list
list in published reports
in published reports of
0f

inspected
inspected equipment by
by an approved agency,
agency, and install
install and maintain in
in accordance

with
with all
all instructions
instructions included
included as part of
as part 0f such
such listing,
listing, in
in violation
Violation of
0f Section
Section 605.7;
605.7;

ee.
ee. Failure
Failure to
t0 maintain
maintain the
the required
required fire
fire resistance
resistance rating
rating or
0r fire
fire resistance
resistance rated
rated

construction,
construction, including, but not
including, but not limited
limited to,
t0, walls,
walls, firestops,
firestops, shaft
shaft enclosures,
enclosures,

partitions,
partitions, smoke barriers,
barriers, floors,
floors, fire
fire resistive
resistive coatings
coatings and
and sprayed
sprayed fire-resistant
fire-resistant

materials
materials applied
applied to
t0 structural
structural members and
and fire-resistant joint systems,
fire—resistant joint systems, in
in violation
Violation

of
0f Section
Section 703.1;
703.1;

ff.
ff. Failure
Failure to
t0 install portable fire
install portable fire extinguishers
extinguishers in
in all
all the
the following
following locations:
locations: in
in new and

existing
existing group
group A,
A, B,
B, E,
E, F,
F, H,
H, I,
I, M, R-1,
R-l, R-2,
R-Z, R-4,
R—4, and S
S occupancies,
occupancies, in
in violation
violation of
of

Section
Section 906.1.
906. 1.

24.
24. True
True and correct
correct copies
copies of
of the
the code provisions
provisions cited
Cited above are
are attached
attached as
as Exhibit
Exhibit C.
C. These

ordinances
ordinances relate
relate to:
t0:

a.
a. The preservation
preservation of public safety,
0f public safety, relating
relating to
to the
the material
material or
0r methods used
used to
t0 construct
construct

aa building
building or
0r other
other structure
structure or
0r improvement, including
including the
the foundation,
foundation, structural
structural

elements,
elements, electrical
electrical wiring
wiring or
or apparatus, plumbing fixtures,
apparatus, plumbing fixtures, entrances,
entrances, or
0r exits;
exits;

b. The preservation
b. preservation of public health
0f public health or
0r to
t0 the
the fire
fire safety
safety of
0f a building or
a building 0r other
other structure
structure

or
0r improvement;

c.
C. Zoning that provides for
that provides for the use of
the use of land
land or
or classifies
classifies a parcel of
a parcel 0f land
land according
according to
t0 the
the

municipality's
municipality’s district
district classification
classification scheme;
scheme;

d.
d. Dangerously
Dangerously damaged or
0r deteriorated
deteriorated structures
structures or
0r improvements;
improvements; or
0r

Plaintiff's
Plaintiff’s First
First Amended Petition,
Petition, Request for
for Temp. and Permanent Injunction,
Injunction, Request for Disclosures -— Page 9
for Disclosures 9
e.
e. Conditions
Conditions caused by accumulation
caused by accumulation of
of refuse,
refuse, vegetation,
vegetation, or
or other
other matter
matter that
that creates
creates

breeding and
breeding and living places for
living places for insects
insects and
and rodents.
rodents.

25.
25. Persons
Persons other
other than
than Defendants
Defendants and property
property other
other than
than Defendants'
Defendants’ will
will continue
continue to
to suffer
suffer

adverse
adverse impacts
impacts and
and risk
risk substantial
substantial danger
danger of
0f injury unless Defendant
injury unless Defendant complies
complies with
with one

or
0r more of
0f these
these code provisions.
provisions. Attached
Attached as
as Exhibit
Exhibit B
B are
are tme
true and correct
correct copies
copies of
0f

photographs taken
photographs by the
taken by the City
City inspectors
inspectors of
of the
the Property
Property and violations
violations taken
taken on dates
dates

reflected
reflected in
in the photographs.
the photographs.

V. CAUSE OF ACTION

A.
A. Temporary and Permanent Relief
Relief under Chapter 125 of
0f the
the Texas Civil
Civil Practice
Practice and
Remedies Code

26.
26. The City
City re-alleges paragraphs 1-25
re~alleges paragraphs 1-25 as
as if
if fully
fully set
set forth
forth herein.
herein.

27.
27. The City
City requests
requests a
a temporary
temporary injunction
injunction and permanent
permanent injunction pursuant to
injunction pursuant t0

Section
Section 125.002
125.002 of
0f the
the CPRC immediately prohibiting Defendants
immediately prohibiting Defendants from maintaining
maintaining the
the Property
Property

as
as a
a common
cemmon nuisance,
nuisance, specifically,
specifically, as
as a place to
a place to which persons
persons habitually
habitually go
g0 to
t0 commit

aggravated
aggravated assault,
assault, arson,
arson, criminal
criminal mischief,
mischief, sexual
sexual assault,
assault, robbery,
robbery, and
and other
other abatable
abatable crimes.
crimes.

28.
28. If,
If, after
after notice
notice and hearing
hearing on
0n a
a request by the
request by the City
City for
for a
a temporary
temporary injunction,
injunction, the
the

Comt
Coufi determines
determines that
that the
the City
City is
is likely
likely to
t0 succeed
succeed on
0n the
the merits
merits in
in a
a suit brought under
suit brought under Section
Section

125.002,
125.002, the
the City
City requests
requests that
that the
the Court
Court order
order reasonable
reasonable requirements
requirements to prevent the
to prevent use or
the use 0r

maintenance
maintenance of
of the
the Property
Property as
as a
a common nuisance.
nuisance.

29.
29. The City
City also
also requests,
requests, and Section
Section 125.045(a)
125.045(a) of
of the
the CPRC mandates,
mandates, that
that the
the

Court:
Court: 1)
1) require
require Defendants
Defendants to
t0 execute
execute a payable to
a bond payable to the
the State
State of
0f Texas,
Texas, Dallas
Dallas County
County in
in an
an

amount no
n0 more than
than $10,000 but not
$10,000 but not less
less than
than $5,000,
$5,000, 2)
2) require
require that
that Defendants
Defendants have sufficient
sufficient

sureties
sureties approved by
by the
the Court,
Court, and 3)
3) condition
condition such bond on
such bond 0n the
the requirement
requirement that
that Defendants
Defendants

will
will not
not knowingly
knowingly maintain
maintain a
a common nuisance
nuisance to
to exist
exist at
at the
the Property.
Property.

Plaintiff's
Plaintiff’s First
First Amended Petition,
Petition, Request
Request for
for Temp. and Permanent Injunction,
Injunction, Request for Disclosures -— Page 10
for Disclosures 10
r.
r. Failure to
Failure use extension
to use extension cords
cords and flexible cords in
flexible cords in accordance with the
accordance with the construction
construction

codes, and
codes, and not
not as
as substitutes
substitutes for
for permanent wiring,
wiring, in violation of
in violation 0f Section 27-
Section 27—

ll(g)(5);
11(g)(5);

s.
s. Failure to
Failure to maintain
maintain illumination
illumination of
0f four
four footcandles
footcandles for
for exterior lighting on
exterior lighting the
0n the

premises, measured
premises, measured in
in accordance
accordance with
with the
the Housing Standards Manual, in
Standards Manual, in violation
violation

of
0f Section
Section 27-1
27-1 l(h)(l)(B);
1(h)(1)(B);

t.
t. Where evidence
evidence 0f
of an infestation exists,
an infestation exists, failure to eliminate
failure t0 eliminate the infestation using
the infestation using aa

person licensed
person licensed under the Texas
under the Texas Structural Pest Control
Structural Pest Act, as
Control Act, as amended,
amended, and repair
repair

any condition
any condition that contributes to
that contributes that infestation,
t0 that infestation, in violation of
in Violation 0f Section 27-
Section 27-

ll(i)(l)(A);
11(i)(1)(A);

u.
u. Failure
Failure to provide written
to provide notice to
written notice to the
the tenants
tenants at least 48 hours
at least hours before
before taking
taking steps
steps

to eliminate the
to eliminate the infestation,
infestation, in violation 0f
in Violation of Section
Section 27—1
27-1 l(i)(l)(B)
1(i)(1)(B) and
and (B)(i);
(B)(i);

Chapters 18,
Chapters 18, 19,
I9, and 31
31 of the Dallas
0f the Dallas City
CitV Code:

v. Failure
v. to do
Failure to not deposit,
d0 not deposit, cause
cause to
to be
be deposited, or permit
deposited, or permit to
to accumulate
accumulate any
any dry
dry or
0r

wet solid
wet solid waste
waste upon
upon any
any public
public or private premises
0r private premises within
within the
the city in such
city in such a manner
a manner

as t0
as to emit noxious or
emit noxious or offensive odors or
offensive odors to
or t0 become unsanitary
unsanitary or injurious to
0r injurious public
t0 public

health or
health 0r safety, in Violation
safety, in violation of
0f Section
Section 18-50;
18-50;

w. Failure
W. Failure to
to do
d0 not suffer 0r
not suffer or permit
permit any
any cellar, vault, drain, pool, privy, sewer,
cellar, vault, drain, p001, privy, sewer, yard,
yard,

grounds 0r
grounds or premises to become,
premises to become, from
from any cause, nauseous,
any cause, nauseous, foul,
foul, offensive
offensive or injurious
or injurious

to the
t0 the public
public health,
health, or
or unpleasant
unpleasant and disagreeable
and disagreeable to adjacent residents or persons,
to adjacent residents or persons,

in violation of
in Violation of Section
Section 19-17;
19—17;

x. Failure
x. Failure t0
to remove all graffiti from the
all graffiti the property
property that
that is
is visible
visible from
from any
any public
public property
property

or right-of-way 0r
or right-of—way or from
from any
any private
private property
property other
other than
than the
the property
property on
0n which the
the

Plaintiff's First Amended Petition,


Plaintiff’s First, Request for
Petition, Request, for Temp. and
and Permanent
Permanent Injunction, Request for
Injunction, Request Disclosures -— Page 7
for Disclosures 7
f.f. Provide
Provide any
any other
other legal
legal remedy available under
remedy available under the
the laws
laws 0f
of the
the State.
State.

33.
33. Pursuant
Pursuant to
t0 Section
Section 125.045(c),
125.045(c), if
if a
a condition of aa bond
condition 0f bond filed
filed 0r
or an
an injunctive
injunctive order
order

entered
entered in
in this
this case
case under
under Chapter
Chapter 125
125 of
of the
the CPRC is
is violated,
violated, the
the City
City may
may sue
sue 0n
on the
the bond
bond in
in

the
the name
name of
of the
the state,
state, with
with the
the remedy
remedy that
that the
the whole
whole sum of
of the
the bond
bond shall
shall be
be forfeited
forfeited as
as aa penalty
penalty

to
t0 the
the City.
City.

34.
34. If
If Defendants
Defendants fail
fail to
to abide
abide by
by any
any order issued by
order issued by this
this Court,
Court, in
in addition
addition to
to other
other

remedies
remedies provided
provided by
by law,
law, the
the City
City requests
requests that
that the
the Court hold Defendants
Court hold Defendants in
in contempt
contempt pursuant
pursuant

to
t0 Section
Section 125.002(d)
125.002(d) of
0f the
the CPRC and
and subject
subject Defendants to aa sentence
Defendants to sentence 0f
of aa fine
fine not
not less
less than
than

$1,000
$1,000 or
0r more than
than $10,000,
$10,000, confinement
confinement in jail for
in jail no more
for n0 more than
than 3O
30 days
days but
but no
no fewer
fewer than
than 10
10

days,
days, or
or a
a combination
combination of
of such
such fine
fine and
and confinement.
confinement.

B.
B. Temporary
Temporary and Permanent Relief
Relief and Civil
Civil Damages under Chapter
Chapter 54 0f
of the
the Texas
Texas Local
Local
Government
Government Code

35.
35. The City
City realleges
realleges paragraphs
paragraphs 1-34
1—34 as if fully
as if fully set
set forth
forth herein.
herein.

36.
36. This
This cause
cause of
0f action
action arises
arises under
under Subchapter B 0f
Subchapter B of the
the Texas
Texas Local
Local Government
Government

Code.
Code.

37.
37. Chapter 54 of
0f the provides: “A
the Texas Local Government Code provides: "A municipality
municipality may
may

bring
bring a
a civil
civil action
action for
for the
the enforcement of
0f an ordinance: (1) for
ordinance: (1) for the
the preservation
preservation 0f
of public
public safaty.
safety ... ; . .;

(2)
(2) related
related to
t0 preservation
preservation of
0f public
public health
health.... ; (3)
(3) for
. zoning that
for zoning
.; that provides
provides for
for the
the use
use 0f
of land
land or
or

classifies
classifies a
a parcel
parcel of
of land
land according
according to
t0 the
the municipality's district Classification
municipality‘s district classification schsme.
scheme ... " Tex.
Tex. .

Loe.
L00. Gov't
Gov’t Code §
§ 54.012.
54.012.

38.
38. Section
Section 54.016 of
0f the
the Texas Local Government Code empowcrs
empowers the
the City
City t0
to seek
seek

injunctive
injunctive relief
relief against
against both the
the owners of the
the Property the owner's
Property and the owner's representative
representative with
with control
control

over
over the
the Property on a
a showing of
0f substantial
substantial danger of injury 0r
0f injury or an adverse
adverse health
health impact
impact to
to any
any

person or
0r to
t0 the property of
0f any person other than the
the defendant.
defendant. This
This injunction
injunction may prohibit
prohibit

Plaintiff's
Plaintiff’s First
First Amended Petition.
Petition, Request for
for Temp.
Temp‘ and Permanent Injunction,
Injunction, Request
Request for Disclosures —- Page
for Disclosures Page l2
12
specific
specific conduct
conduct that
that violates
violates the
the ordinance;
ordinance; and/or require specific
and/or require specific conduct
conduct that
that isis necessary
necessary for
for

compliance
compliance with
with the
the ordinance.
ordinance.

39.
39. The
The City
City requests
requests temporary
temporary and permanent injunctive
and permanent injunctive relief,
relief, ordering
ordering Defendants
Defendants

to
t0 comply
comply with
with the
the Dallas
Dallas City
City Code.
Code.

40.
40. As
As aa matter
matter of
0f law,
law, the
the City
City is
is not required to
not required to post
post aa bond
bond to
to obtain
obtain injunctive
injunctive relief
relief

requiring
requiring the
the Defendants
Defendants to
to comply
comply with
with the
the City Code.
City Code.

41.
41. Pursuant
Pursuant to
t0 Section
Section 54.017
54.017 of
0f the Texas Local
the Texas Local Government
Government Code,
Code, the
the City
City requests
requests

an
an award
award of
of civil
civil penalties
penalties not
net to
to exceed
exceed $1,000 per day
$1,000 per day for
for each
each violation
violation of
of the
the City
City Code
Code that
that

exists
exists on
0n the
the Property.
Property.

42.
42. The
The City
City seeks
seeks a
a judgment
judgment against Defendants.
against Defendants.

43.
43. The
The City
City also
also requires
requires post-judgment interest at
post—judgment interest at the
the maximum
maximum amount
amount allowed
allowed by
by

law
law and
and taxable
taxable costs
costs of
0f court.
court.

C.
C. Request
Request for
for Attorney's
Attorney’s Fees and Costs
Costs

44.
44. The
The City
City seeks
seeks Attorney's
Attorney’s Fees
Fees and costs
costs under
under Texas
Texas Civil
Civil Practice
Practice and
and Remedies
Remedies

Code
Code Section
Section 125.00(b)
125.00(b) and (d).
(d).

PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, the


WHEREFORE, the City
City 0f
of Dallas,
Dallas, Plaintiff,
Plaintiff, prays
prays for
for the
the

following
following relief:
relief:

1)
1) That
That the
the City
City be granted temporary and permanent
permanent injunctive
injunctive relief
relief as
as requested
requested herein;
herein;

2)
2) That
That the
the City
City be awarded judgment in
in its
its favor
favor for
for civil
civil penalties
penalties 0f
of $1,000
$1,000 per
per day,
day,

per
per violation
Violation for
for each
each day that
that the
the Property remains
remains in
in violation
violation 0f
of the
the Dallas
Dallas City
CityCode;
Code;

3)
3) That
That the
the City
City be
be awarded
awarded judgment
judgment in its favor
in its favor for
for all
all taxable
taxable costs
costs 0f
of court;
court;

Plaintiffs
Plaintiff’s First Amended Petition,
First Amended Request for
Petition, Request Temp. and
for Temp. and Permanent
Permanent Injunction,
Injunction, Request
Request far Disclosures ~ Page
for Disclosures Page 13
13
4)
4) That
That the
the City be awarded judgment
City be judgment in
in its
its favor
favor for post-judgment interest
for post-judgment interest at
at the
the highest
highest

legal
legal rate,
rate, and

5)
5) Such other
other and further
further relief,
relief, general
general or
0r special,
special, at
at law or
0r in
in equity,
equity, to
t0 which the
the City
City

may show itself


itself to be justly
t0 be justly entitled.
entitled.

Respectfully
Respectfully submitted,
submitted,
CITY ATTORNEY OF THE CITY OF DALLAS

Christopher
Christopher J.
J. Caso

Interim
Interim City
City Attorney
Attorney

/s/ Kristen L. Monkhouse


KRISTEN L. L. MONKHOUSE
Assistant
Assistant City
City Attorney
Attorney
Texas State
State Bar N0.
No. 24092053
kristen.monkhouse@dallascityhall.com
kristen.m0nkh0use@dallascityhall.com

KA THERINE D. BOHNEN
KATHERINE
Assistant
Assistant City
City Attorney
Attorney
State
State Bar of
0f Texas N0.
No. 24104046
katherine. bohnen@dallascityhall.com
katherinebohnen@dallascityhall.com

Dallas
Dallas City
City Hall
Hall
1500 Marilla
Marina Street,
Street, Suite
Suite 7DN
Dallas,
Dallas, Texas 75201
Telephone:
Telephone: (214)
(214) 670-3519
670—35 19
Telecopier:
Telecopier: (214)
(214) 670-0622
670—0622

ATTORNEYS FOR THE CITY OF DALLAS

Plaintiff's
Plaintiff’s First
First Amended Petition.
Petition, Request
Request for
for Temp. and Permanent Injunction,
Injunction, Request
Request for Disclosures ~ Page 14
for Disclosures 14
VERIFICATION
VERIFICATION

STATE
STATE OF
OF TEXAS
TEXAS
COUNTY
COUNTY OF DALLAS
OF DALLAS

I,I, James
James Quaite,
Quaite, aa fire
fire prevention
prevention officer with the
officer With the City
City 0fof Dallas,
Dallas, after
after being
being duly
duly sworn,
sworn,
hereby
hereby certify
certify that
that II am
am qualified
qualified and
and authorized to make
authorized to make this
this verification,
verification, and
and that
that II have
have read
read
each factual allegation
each factual allegation contained
contained in
in paragraph
paragraph 23,
23, sections
sections bb-ff,
bb-ff, of
of this
this Petition,
Petition, and
and that
that said
said
factual
factual allegations
allegations are are within
Within my
my personal
personal knowledge
knowledge andand are
are true
true and
and correct.
correct.

a ,
“x
i

5 V? 5;?“ 5 3:

Subscribed and sworn to before me this Wf



Jqfifles duaite

day 0f October 2018.

Q”- ‘,‘A.~AA
ROSALINDA CA.
Notary Pubhc
STATE OF TEXAS
#131104008
M CoEEm. x. A R24, 202 V

Plaintiff's
Plaintiff’s First Amended Petition,
First Amended Request for
Petition, Request Temp. and
for Temp. and Permanent
Permanent Injunction,
Injunction, Request
Request for Disclosures ~ Page
for Disclosures Page i6
16
e.
e. Conditions
Conditions caused by accumulation
caused by accumulation of
of refuse,
refuse, vegetation,
vegetation, or
or other
other matter
matter that
that creates
creates

breeding and
breeding and living places for
living places for insects
insects and
and rodents.
rodents.

25.
25. Persons
Persons other
other than
than Defendants
Defendants and property
property other
other than
than Defendants'
Defendants’ will
will continue
continue to
to suffer
suffer

adverse
adverse impacts
impacts and
and risk
risk substantial
substantial danger
danger of
0f injury unless Defendant
injury unless Defendant complies
complies with
with one

or
0r more of
0f these
these code provisions.
provisions. Attached
Attached as
as Exhibit
Exhibit B
B are
are tme
true and correct
correct copies
copies of
0f

photographs taken
photographs by the
taken by the City
City inspectors
inspectors of
of the
the Property
Property and violations
violations taken
taken on dates
dates

reflected
reflected in
in the photographs.
the photographs.

V. CAUSE OF ACTION

A.
A. Temporary and Permanent Relief
Relief under Chapter 125 of
0f the
the Texas Civil
Civil Practice
Practice and
Remedies Code

26.
26. The City
City re-alleges paragraphs 1-25
re~alleges paragraphs 1-25 as
as if
if fully
fully set
set forth
forth herein.
herein.

27.
27. The City
City requests
requests a
a temporary
temporary injunction
injunction and permanent
permanent injunction pursuant to
injunction pursuant t0

Section
Section 125.002
125.002 of
0f the
the CPRC immediately prohibiting Defendants
immediately prohibiting Defendants from maintaining
maintaining the
the Property
Property

as
as a
a common
cemmon nuisance,
nuisance, specifically,
specifically, as
as a place to
a place to which persons
persons habitually
habitually go
g0 to
t0 commit

aggravated
aggravated assault,
assault, arson,
arson, criminal
criminal mischief,
mischief, sexual
sexual assault,
assault, robbery,
robbery, and
and other
other abatable
abatable crimes.
crimes.

28.
28. If,
If, after
after notice
notice and hearing
hearing on
0n a
a request by the
request by the City
City for
for a
a temporary
temporary injunction,
injunction, the
the

Comt
Coufi determines
determines that
that the
the City
City is
is likely
likely to
t0 succeed
succeed on
0n the
the merits
merits in
in a
a suit brought under
suit brought under Section
Section

125.002,
125.002, the
the City
City requests
requests that
that the
the Court
Court order
order reasonable
reasonable requirements
requirements to prevent the
to prevent use or
the use 0r

maintenance
maintenance of
of the
the Property
Property as
as a
a common nuisance.
nuisance.

29.
29. The City
City also
also requests,
requests, and Section
Section 125.045(a)
125.045(a) of
of the
the CPRC mandates,
mandates, that
that the
the

Court:
Court: 1)
1) require
require Defendants
Defendants to
t0 execute
execute a payable to
a bond payable to the
the State
State of
0f Texas,
Texas, Dallas
Dallas County
County in
in an
an

amount no
n0 more than
than $10,000 but not
$10,000 but not less
less than
than $5,000,
$5,000, 2)
2) require
require that
that Defendants
Defendants have sufficient
sufficient

sureties
sureties approved by
by the
the Court,
Court, and 3)
3) condition
condition such bond on
such bond 0n the
the requirement
requirement that
that Defendants
Defendants

will
will not
not knowingly
knowingly maintain
maintain a
a common nuisance
nuisance to
to exist
exist at
at the
the Property.
Property.

Plaintiff's
Plaintiff’s First
First Amended Petition,
Petition, Request
Request for
for Temp. and Permanent Injunction,
Injunction, Request for Disclosures -— Page 10
for Disclosures 10
Cause No.
N0. DC-18-12419
DC-l 8- 12419

CITY OF DALLAS, §
§ IN THE DISTRICT COURT
Plaintiff,
Plaintiff, §
§
§
§
V.
v. §
§
§
§
§
§ DALLAS COUNTY, TEXAS
RIDGECREST HOLDINGS, LLC, and §
§
400 SOUTH WALTON WALKER §
§
BOULEVARD,
BOULEY ARD, DALLAS, §
§
TEXAS, in
in rem §
~
§
Defendants. §
§ Q0 JUDICIAL DISTRICT
l

AFFIDA VIIT OF TAWANNA MANUEL


AFFIDAVIIT

STATE OF TEXAS ))
))
COUNTY OF DALLAS ))

Before me,
me, the
the undersigned
undersigned Notary
Notary Public,
Public, appeared
appeared Tawanna Manuel,
Manuel, who first
first

being
being duly according to
duly sworn according t0 the
the law,
law, said:
said:

“My name is
"My is Tawanna Manuel.
Manuel. II am over
over the
the age
age of
0f 18
18 and am of
of sound mind

capable of
and capable 0f making this
this affidavit.
affidavit. I[have
have personal
personal knowledge of
0f the
the statements
statements within
within

this
this affidavit
affidavit and such statements
statements and true
true and
and correct
correct and they
they are
are made under penalty of
under penalty 0f

perjury.
perjury.

II have worked for


for the
the City
City of
of Dallas
Dallas for
for eight
eight years.
years. Currently,
Currently, II am a
a Nuisance
Nuisance

Abatement Detective
Detective with
with the
the Dallas
Dallas Police
Police Department ("DPD"). assigned to
(“DPD”). II am assigned t0 the
the

Southwest Division.
Division. As part
part of
of my duties
duties as
as a police officer,
a police officer, I
I investigate
investigate high-crime
highvcrime

properties
properties and work with
with property
property owners and managers to
t0 implement proactive
proactive

strategies to
strategies t0 reduce
reduce crime
crime at
at problem properties.
properties. Prior
Prior to
to becoming a
a detective
detective with
with the
the

Nuisance Abatement Unit,


Unit, II was a
a patrol
patrol officer
officer assigned
assigned to
t0 the
the Southcentral
Southcentral Division.
Division.

Affidavit
Affidavit of
0f Tawanna Manuel

EXHIBIT A
As part
part of
of my duties
duties as
as a
a patrol
patrol officer,
officer, I
I responded to
to reports
reports of
0f criminal
criminal activity
activity and

calls
calls for
for assistance.
assistance.

Through my work as
as a
a patrol
patrol officer
officer and Nuisance Abatement Detective,
Detective, I I

became familiar
familiar with the
the property
property that
that is
is the
the subject
subject of this
this lawsuit,
lawsuit, which has
has an address
address

of
0f 400 South Walton Walker Boulevard Dallas,
Dallas, Texas and includes
includes an apartment

complex called
called Ridgecrest Terrace which is
Ridgecrest Terrace is located
located in
in the
the Southwest division.
division.

Ridgecrest
Ridgecrest has
has over 250 units
units varying
varying in size. It
in size. It constantly
constantly has
has crowds of
of people

hanging out
out in
in the areas of
the common areas 0f the
the complex,
complex, including
including many people
people who do
d0 not
not live
live

there.
there.

Ridgecrest'
Ridgecrest’ss perimeter
perimeter is
is not
not secured
secured in
in anyway.
anyway. There are
are not
not gates
gates preventing
preventing

unauthorized
unauthorized access
access to
to the
the Property.
Property. There are
are no
n0 remote control
control or
0r keypad
keypad access
access

systems.
systems.

The Property
Property is
is a
a place
place where persons
persons habitually
habitually go to
t0 commit crimes
crimes of
of

aggravated
aggravated assault,
assault, arson,
arson, unlawful discharge
discharge of
of a
a firearm,
firearm, sexual
sexual assault,
assault, and robbery.
robbery.

These criminal
criminal activities
activities frequently
frequently occur
occur at
at the
the Property
Property and
and the Property is
the Property is frequently
frequently

used in
in furtherance
furtherance of
0f the
the criminal
criminal activities.
activities.

Ridgecrest
Ridgecrest Terrace
Terrace is
is known in
in the
the community and has
has a
a reputation
reputation as
as a
a place
place

where individuals habitually go


individuals habitually go to
to commit "abatable
“abatable offenses,"
offenses,” as
as defined
defined in
in the
the Texas
Texas

Civil
Civil Practice
Practice and Remedies Code Chapter
Chapter 125.
125.

During the
the period
period from June 9,
9, 2017 to
to August 9,
9, 2018,
2018, the
the following
following abatable
abatable

criminal
criminal activity
activity has
has occurred
occurred at
at the
the property:
property:

•0 Three (3)
(3) incidents
incidents of
0f Unlawful Discharge
Discharge of
0f a
a Firearm as
as prohibited
prohibited by
by the
the

Texas Penal
Penal Code;
Code;

Affidavit
Affidavit of Tawanna
Tawzmna Manuel

EXHIBIT A
• Six (6)
Six incidents of
(6) incidents Aggravated Assault
of Aggravated Assault as
as described by Section
described by 22.02 of
Section 22.02 the
of the

Texas Penal
Penal Code;
Code;

• (1) incident
One (1) incident of Robbery as
0f Robbery as described
described by
by Section 29.02 of
Section 29.02 of the
the Texas
Texas

Penal
Penal Code;
Code;

• Four (4)
(4) incidents
incidents of
of Aggravated Robbery as
as described by Section
described by Section 29.03 of
29.03 0f

the Texas Penal


the Penal Code;
Code;

• Four
Four (4)
(4) incidents of Criminal
incidents 0f Mischief as
Criminal Mischief described by
as described by Section
Section 28.03
28.03 of
of the
the

Texas Penal
Texas Penal Code;
Code;

• (1) incident
One (1) incident of
0f Arson as described by
as described by 28.02
28.02 of the Texas
of the Penal Code;
Texas Penal Code;

• Six (6) incidents


Six (6) incidents of
0f Possession
Possession of Marijuana 0r
0f Marijuana or Possession
Possession of a Controlled
0f a Controlled

Substance as
Substance described by
as described by Chapter 481 of
of the
the Texas Health
Health and
and Safety
Safety

Code;
Code;

• One (1) incident of


(l) incident 0f Sexual Assault as
Sexual Assault as described
described by
by Section
Section 22.011
22.011 of
0f the
the

Texas Penal
Penal Code.
Code.

The City met with


City met Defendants on
with Defendants 0n numerous occasions
occasions to notify Defendants
t0 notify Defendants of
0f the
the

abatable
abatable criminal
criminal activity occurring on the
activity occurring the Property.
Property. At those
At those meetings,
meetings, DPD

reasonable measures
recommended reasonable measures Defendants
Defendants could
could implement to deter
implement t0 deter the amount of
the amount 0f

criminal activity
criminal present on
activity present on the
[he Property.
Property.

The City
City also
also presented
presented Defendants
Defendants with
with aa proposed
proposed Nuisance
Nuisance Abatement
Abatement Plan
Plan

that memorialized the


that memorialized the recommendations discussed
discussed in
in the meetings. Defendants
the meetings. refused
Defendants refused

to
t0 discuss,
discuss, negotiate,
negotiate, or
0r sign
sign the
the Plan.
Plan.

Meanwhile, abatable
abatable criminal
criminal activity
activity continued at the
continued at the Property
Property and
and continues
continues to
t0

this day.

Affidavit of
Affidavit of Tawanna Manuel

EXHIBIT A
Defendants knowingly tolerate
Defendants knowingly tolerate the
the habitual
habitual criminal activity, has
criminal activity, failed t0
has failed to make

reasonable attempts to
reasonable attempts t0 abate
abate the activity, and continues
the activity, continues t0
to maintain the Property
maintain the Property as
as a
a

nuisance.
common nuisance.

I know that
I that the
the offenses
offenses listed herein occurred
listed herein occurred on the property as
the property as II reviewed
reviewed the
the

incident/offense reports
incident/offense reports in
in DPD's
DPD’s Records Management System ("RMS")
(“RMS”) in
in addition to
addition t0

other investigation
other that
investigation that I conducted as
I conducted part of
as part of my regular duties as
regular duties as aa Nuisance Abatement

Detective.
Detective.

The documents
The documents II reviewed are copies of
are copies records kept
0f records kept by
by DPD in the regular
in the regular

course 0f
course of business,
business, and
and it the regular
it was the regular course
course of business was part
0f business part of
0f the activities of
the activities of

for an
DPD for an employee or representative
employee 0r representative of
0f DPD with knowledge of
with knowledge of the act, event,
the act, event,

condition, opinion, or
condition, opinion, diagnosis recorded
0r diagnosis to make the
recorded to the record or to
record or transmit information
to transmit information

thereof to
thereof to be
be included
included in such record;
in such and the
record; and the record
record was made at
at or near the
or near the time
time 0r
or

reasonably soon thereafter.


reasonably thereafter. These are
These matters observed
are matters observed pursuant
pursuant to a duty imposed
t0 a duty imposed by
by

law as
law to which
as t0 which matters
matters thee
thee was
was aa duty to repon.
duty to report.

Further the
Further the Affiant
Affiant says not."
says not.”

,'
in
é

f
g
S;

\u/i [Ziggj gfgmgz,


Tawanna Manuel

U
..

re me this
mute this 5th
5th day
day of
of October 2018.
October 2018.
“2" ROSALINDA CASTILLO )

Notary Public
STATE OF TEXAS
ID# 1 3 110400-8
~ril24.2021

Notiuy Public

Affidavit of Tawanna Manuel


Affidavit 0f

EXHIBIT A
EXHIBIT B
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EXHIBIT B
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EXHIBIT B
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EXHIBIT B
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LOVES
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EXHIBIT B

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I \ EXHIBIT B
EXHIBIT B
DALLAS CITY CODE

SEC. 27-11. MINIMUM PROPERTY STANDARDS; RESPONSIBILITIES OF OWNER.

(b) Repairs. All repairs required by this section must be performed in a workmanlike manner
and in accordance with all applicable federal, state, and local laws, rules, and regulations, including
the construction codes.

(c) Property standards. An owner shall:

(7) protect, by periodic application of paint or other weather-coating materials, any


exposed metal or wood surfaces from the elements and against decay or rust.

(d) Structural and material standards.

(2) Construction materials. An owner shall maintain building and structural materials,
including wood, gypsum products, glass, fiberglass, paper, canvas, fabric, plastic, vinyl, masonry,
ceramic, plaster, brick, rock, stucco, slate, concrete, asphalt, tin, copper, steel, iron, aluminum, and
other metals, in operating condition.

(6) Floors. An owner shall maintain all flooring in operating condition, free from holes,
cracks, decay, and trip hazards.

(8) Countertops and backsplashes. An owner shall maintain kitchen and bathroom
countertops and backsplashes surrounding kitchen sinks and lavatory sinks in operating condition
free of decay, rust, and rot.

(9) Interior walls, ceilings, and surfaces; doors. An owner shall:


(A) maintain all interior walls and ceilings in operating condition;
(C) maintain all interior surfaces, including windows and doors, in operating
condition;
(D) repair, remove, or cover all peeling, chipping, flaking, or abraded paint; and
(E) repair all cracked or loose plaster, wood, or other defective surface conditions.

(14) Balconies, landings, porches, decks, and walkways. An owner shall maintain:
(A) all balconies, landings, porches, decks, and walkways in operating condition
and securely fastened;

(e) Utility and appliance standards.


(2) Heating.
(A) An owner shall:
(i) provide, and maintain, in operating condition, heating facilities capable
of maintaining a room temperature of at least 15 degrees warmer than
the outside temperature, but in no event lower than 68° F. in each
habitable room; and
(f) Plumbing standards.

EXHIBIT C
(3) Plumbing fixtures. An owner shall:
(C) connect and maintain all plumbing fixtures in operating condition;
(F) maintain all piping distribution systems in operating condition, and eliminate
all unsafe, unsanitary, and inoperable conditions in such distribution systems;
and
(G) cap each sewer clean-out opening with an approved plug, except when the
sewer line is being serviced.

(g) Electrical standards. An owner shall:


(1) maintain all electrical equipment and materials in operating condition;
(2) maintain electrical circuits and outlets sufficient to safely carry a load imposed by
normal use of appliances, equipment, and fixtures, and maintain them in operating
condition;
(4) maintain all electric light fixtures located adjacent to exterior doors of all buildings
or structures in operating condition;
(5) use extension cords and flexible cords in accordance with the construction codes,
and not as substitutes for permanent wiring.

(h) Lighting standards for multitenant properties.


(1) In general.
(B) An owner shall maintain overall illumination of four footcandles for exterior
lighting on the premises, measured in accordance with the Housing Standards Manual.

(i) Health standards.


(1) Infestations.
(A) Where evidence of an infestation exists, the owner of a building, structure, or
property, including a vacant or occupied one- or two-family dwelling, or
multifamily dwelling, shall eliminate the infestation using a person licensed
under the Texas Structural Pest Control Act, as amended, and repair any
condition that contributes to an infestation.
(B) If the building, structure, or property is a rental property, the owner shall
provide notice to the tenants at least 48 hours before taking steps to eliminate
an infestation.
(i) Notice must be in writing and must include the method being used to
eliminate the infestation.

SEC. 18-50. ACCUMULATIONS AND DEPOSIT OF WASTE PROHIBITED.

(a) A person commits an offense if he deposits, causes to be deposited, or permits to accumulate


any dry or wet solid waste upon any public or private premises within the city in such a manner as
to emit noxious or offensive odors or to become unsanitary or injurious to public health or safety.

(b) A person commits an offense if he causes or permits any solid waste collection vehicle,
dumpster, or roll off container or the contents of such vehicle, dumpster, or roll-off container to be
maintained in a condition that is foul, offensive, or otherwise hazardous to the public health or
safety. (Ord. Nos. 14219; 21058; 26480; 26608)

EXHIBIT C
SEC. 19-17. UNWHOLESOME PREMISES - GENERALLY.
No person shall suffer or permit any cellar, vault, drain, pool, privy, sewer, yard, grounds or
premises belonging to or controlled or occupied by him to become, from any cause, nauseous,
foul, offensive or injurious to the public health, or unpleasant and disagreeable to adjacent
residents or persons. (Code 1941, Art 86-17)

SEC. 31-38. DUTY OF PROPERTY OWNER TO REMOVE GRAFFITI.


(b) An owner of any tangible property in the city commits an offense if he fails to remove all
graffiti from the property that is visible from any public property or right-of-way or from any
private property other than the property on which the graffiti exists.

DALLAS DEVELOPMENT CODE

SEC. 51A-4.217. ACCESSORY USES.

(b) Specific accessory uses. The following accessory uses are subject to the general provisions
in Subsection (a) and the regulations and restrictions outlined below:
(6) Accessory outside storage.
(E) Additional provisions:
(i) A person shall not place, store, or maintain outside, for a continuous
period in excess of 24 hours, an item which is not:
(aa) customarily used or stored outside; or
(bb) made of a material that is resistant to damage or deterioration
from exposure to the outside environment.

DALLAS ADMINISTRATIVE PROCEDURES FOR THE CONSTRUCTION CODE

301.1.1 General. A person, firm, or corporation shall not, without first obtaining a permit
from the building official:· .
1. erect, construct, enlarge, add to, alter, repair, replace, move, improve, remove, install,
convert, demolish, equip, use, o<;cupy, or maintain a structure Of building service
equipment;
2. excavate or-maintain an excavation;
3; pave or grade on a property; or
4: cause any work or activity described in Paragraphs 1 through 3 of this section to be done.
(Ord. 26029)·

EXHIBIT C
DALLAS FIRE CODE

315.3.1 Ceiling clearance. Storage shall be maintained 2 feet (610 mm) or more below the ceiling
in nonsprinklered areas of buildings or not less than 18 inches (457 mm) below sprinkler head
deflectors in sprinklered areas of buildings

605.5 Extension cords. Extension cords and flexible cords shall not be a substitute for permanent
wiring. Extension cords and flexible cords shall not be affixed to structures, extended through
walls, ceilings or floors, or under doors or floor coverings, nor shall such cords be subject to
environmental damage or physical impact. Extension cords shall be used only with portable
appliances.

605.7 Appliances. Electrical appliances and fixtures shall be tested and listed in published reports
of inspected electrical equipment by an approved agency and installed and maintained in
accordance with all instructions included as part of such listing.

703.1 Maintenance. The required fire-resistance rating of fire-resistance-rated construction,


including, but not limited to, walls, firestops, shaft enclosures, partitions, smoke barriers, floors,
fire-resistive coatings and sprayed fire-resistant materials applied to structural members and fire-
resistant joint systems, shall be maintained. Such elements shall be visually inspected by the owner
annually and properly repaired, restored or replaced where damaged, altered, breached or
penetrated. Records of inspections and repairs shall be maintained. Where concealed, such
elements shall not be required to be visually inspected by the owner unless the concealed space is
accessible by the removal or movement of a panel, access door, ceiling tile or similar movable
entry to the space. Openings made therein for the passage of pipes, electrical conduit, wires, ducts,
air transfer openings and holes made for any reason shall be protected with approved methods
capable of resisting the passage of smoke and fire. Openings through fire-resistance-rated
assemblies shall be protected by self- or automatic-closing doors of approved construction meeting
the fire protection requirements for the assembly.

906.1 Where required. Portable fire extinguishers shall be installed in all of the following
locations:

EXHIBIT C