MontroseGuys Posted April 5, 2007 Share Posted April 5, 2007 PRESS RELEASEHyde Park residents plan a peaceful protest and gathering at the corner of Waugh & Welch on Thursday afternoon at 5:00 p.m. to call attention to the City's repeated failure to enforce Hyde Park's Deed Restrictions, follow City Ordinance provisions providing notice to residents of applications to sub-divide lots, and other requirements that are designed to protect the neighborhood and its residents. Hyde Park, a historic neighborhood in Houston , is a diverse community with deed restrictions and other protections in place. The residents of the area have been battling the Planning Department's "Rubber Stamp" for several years in an effort to stop developers from disregarding restrictions. While several bungalows and large trees have been destroyed, the citizens have become more organized as a result. Many residents feel that the City's repeated failure to hear their concerns are due to the fact that subdivision of lots brings in a higher tax base without raising taxes. While the individual lot values increase, the ability to improve the homes become more and more difficult if developers set a market for lot value only and the return on home improvement becomes marginal. Simply put: Hyde Park residents are not asking for any special treatment -- just the enforcement of what few protections are available. Most recent efforts to include local councilwoman Ada Edwards were thwarted by her staff who initially refused to take messages and required written communication in order to invite Ms. Edwards to the civic association meetings or otherwise discuss concerns. In the past, Ms. Edwards' office has only provided assistance after other City officials were notified of her failure to respond. DATE: THURSDAY -- APRIL 5, 2007TIME: 5:00 p.m. PLACE: On the public sidewalk areas around the corner of Waugh & Welch * Lack of Notice of Sub-Dividing Lots* Lack of Notice of Building Plans * Lack of Enforcement of Deed Restrictions * Lack of Representation by City * Lack of Due Process Supporters of Protecting Property Rights are encouraged to show their support by driving by and honking or meeting Hyde Park residents and learning more about ways to protect your neighborhood. Link to comment Share on other sites More sharing options...
musicman Posted April 5, 2007 Share Posted April 5, 2007 good luck with the protest! the city's enforcement of this is only getting worse!! Link to comment Share on other sites More sharing options...
sevfiv Posted April 5, 2007 Share Posted April 5, 2007 yes, i hope there is a good turn out - Link to comment Share on other sites More sharing options...
Vertigo58 Posted April 5, 2007 Share Posted April 5, 2007 Throw yourselves in front of the bulldozer's, whatever it takes! You have the East End's full support! Link to comment Share on other sites More sharing options...
htown777 Posted April 8, 2007 Share Posted April 8, 2007 I agree this has to be controlled better and the city needs to challenged. Are you protesting the project on the corner? It seems like a appropriate place for town homes to me. I mean, its a busy street, not like the townhouses being built 2 houses down from me. Fight the ones in the middle of our small streets! I go to Rudyard's .and that was a bad area. I'd rather have townhouses there than a CVS or something. My2cents. Link to comment Share on other sites More sharing options...
pankajw Posted April 8, 2007 Share Posted April 8, 2007 Another 1930's era home demolition in Houston Texashttp://video.google.com/videoplay?docid=-7...91766&hl=enI agree this has to be controlled better and the city needs to challenged. Are you protesting the project on the corner? It seems like a appropriate place for town homes to me. I mean, its a busy street, not like the townhouses being built 2 houses down from me. Fight the ones in the middle of our small streets! I go to Rudyard's .and that was a bad area. I'd rather have townhouses there than a CVS or something. My2cents. Link to comment Share on other sites More sharing options...
editor Posted April 8, 2007 Share Posted April 8, 2007 Any pictures of the protest? How was the turnout? Link to comment Share on other sites More sharing options...
sevfiv Posted April 8, 2007 Share Posted April 8, 2007 Another 1930's era home demolition in Houston Texashttp://video.google.com/videoplay?docid=-7...91766&hl=en jesus christ - that made my stomach squeeze a little (no matter how many times i see something like that) can't wait to see what replaces it Link to comment Share on other sites More sharing options...
Vertigo58 Posted April 9, 2007 Share Posted April 9, 2007 Another 1930's era home demolition in Houston Texashttp://video.google.com/videoplay?docid=-7...91766&hl=en I'm steaming. That really set the tone. I can ony hope that someone tried in vain to save any or all interior items such as mantle, built-ins, windows, etc. Now I'm all ver clempt....there much better. Link to comment Share on other sites More sharing options...
TheNiche Posted April 9, 2007 Share Posted April 9, 2007 You have the East End's full support! No you don't. I'm steaming. That really set the tone. I can ony hope that someone tried in vain to save any or all interior items such as mantle, built-ins, windows, etc. Now I'm all ver clempt....there much better. They did. It was part of the video. They salvaged all fixutres, wiring, siding, floors, windows, etc. Not much was left but the frame, roof, and sheet rock. Link to comment Share on other sites More sharing options...
mpbro Posted April 9, 2007 Share Posted April 9, 2007 I was under the impression that in Houston (Texas?) deed restrictions were not enforceable by the city, per se. Rather, they provide a vehicle by which other property owners can sue (and win) in the case of a violation. A stronger entity, Property Owners' associations, can directly sue violators. Please correct me if I'm wrong. Link to comment Share on other sites More sharing options...
gnu Posted April 9, 2007 Share Posted April 9, 2007 I was under the impression that in Houston (Texas?) deed restrictions were not enforceable by the city, per se. Rather, they provide a vehicle by which other property owners can sue (and win) in the case of a violation. A stronger entity, Property Owners' associations, can directly sue violators. Please correct me if I'm wrong.http://www.houstontx.gov/legal/deed.htmlPursuant to Chapter 212 of the Texas Local Government Code and Article XV, of Chapter 10, Sections 10-551 through 10-555, of the City of Houston Code of Ordinances, the City is authorized to enforce by suit for injunction, restrictions that affect subdivisions within the City. Restrictions means a limitation that: * Affects the use to which real property may be put; * Fixes the distance that a structure must be set back from property lines, street lines, or lot lines; or * Affects the size of a lot or the size, type and number of structures that may be built on the lot. Link to comment Share on other sites More sharing options...
musicman Posted April 9, 2007 Share Posted April 9, 2007 i believe this yr they added that the city can also enforce restrictions with respect to the structure's orientation on the lot. Link to comment Share on other sites More sharing options...
mpbro Posted April 10, 2007 Share Posted April 10, 2007 http://www.houstontx.gov/legal/deed.htmlPursuant to Chapter 212 of the Texas Local Government Code and Article XV, of Chapter 10, Sections 10-551 through 10-555, of the City of Houston Code of Ordinances, the City is authorized to enforce by suit for injunction, restrictions that affect subdivisions within the City. Restrictions means a limitation that: * Affects the use to which real property may be put; * Fixes the distance that a structure must be set back from property lines, street lines, or lot lines; or * Affects the size of a lot or the size, type and number of structures that may be built on the lot.Thanks for the link and info. Although the city is "authorized to enforce by suit for injunction", you (i.e., a civic club) have to go to considerable lengths to get the city to act. A lawyer will almost always be involved, and in neighborhoods with weak associations (civic clubs versus POAs), the onus falls on a motivated resident to escalate the issue. Here's an excerpt from the latter half of your link:Attorneys from the City's Legal Department can explain to citizens, civic organizations, and other individuals about the City's program for enforcement of deed restrictions but are prohibited by law from giving advice or offering an opinion to any individual member of the public. Examples of what the attorneys cannot do are interpreting the language (i.e. "What does this word or phrase mean?") in the deed restrictions and providing advice on legal procedures (i.e. "How can my civic club renew the restrictions for my subdivision?"). Private citizens and organizations must seek out the services of a private attorney.I find that neighborhoods with a lot of attorney residents usually have the most draconian enforcement. When the deed restriction is violated, the situation is normally defused by a threatening letter from a lawyer. I've seen it at least 4 times in my neighborhood in the last 3 years. In none of these cases did the city actually take the violator to court. Link to comment Share on other sites More sharing options...
musicman Posted April 10, 2007 Share Posted April 10, 2007 I find that neighborhoods with a lot of attorney residents usually have the most draconian enforcement. When the deed restriction is violated, the situation is normally defused by a threatening letter from a lawyer. I've seen it at least 4 times in my neighborhood in the last 3 years. In none of these cases did the city actually take the violator to court.having attorneys in your hood that are willing to do this is great. The city's attorneys tend to only pursue the cases that are clear cut AND they believe the violator would respond to a letter. Since there are only 4 deed restriction attorneys, the cases are far and few in between. Link to comment Share on other sites More sharing options...
dbigtex56 Posted April 17, 2007 Share Posted April 17, 2007 jesus christ - that made my stomach squeeze a little (no matter how many times i see something like that)can't wait to see what replaces it I should know where that house is (was) - it looks familiar. Any info? Link to comment Share on other sites More sharing options...
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