City of Dallas Original Petition seeking reciever for Topletz Properties

Cause No. _

V.

CITY OF DALLAS,Plaintiff,

§§§§§

DENNIS TOPLETZ, INDIVIDUALLY, §AS HEIR OF HAROLD TOPLETZ AND §DBA TOPLETZ INVESTMENTS, §CASEY TOPLEZ, VICKIE TOPLETZ, §STEVEN TOPLETZ, MARVIN L. LEVIN, §BOTH INDIVIDUALLY AND IN HIS §CAPACITY AS THE EXECUTOR OF §THE ESTATE OF JACK TOPLETZ, §MONARCH DEVELOPMENT §CORPORATION, 2501 §BETHURUM AVE., DALLAS, TEXAS, §in rem, 3737 GUARANTY ST., §DALLAS, TEXAS, in rem, 1231 IOWA §AVE., DALLAS, TEXAS, in rem, 2603 §MODREE AVE., DALLAS, TEXAS, §in rem, 3803 OCTAVIA ST., DALLAS, §TEXAS, in rem, 1304 PENNSYLVANIA §AVE., DALLAS, TEXAS, in rem, 2705 §PENNSYLVANIA AVE., DALLAS, §TEXAS, in rem, 1203 STRICKLAND ST., §DALLAS, TEXAS, in rem, §~~~~. §

IN THE DISTRICT COURT

DALLAS COUNTY, TEXAS

JUDICIAL DISTRICT

CITY OF DALLAS' ORIGINAL PETITION, APPLICATION FORTEMPORARY AND PERMANENT INJUNCTION, ANDAPPLICATION FOR APPOINTMENT OF RECEIVER

TO THE HONORABLE JUDGE OF SAID COURT:

The City of Dallas, Plaintiff, files this Original Petition, Application for Temporary

Injunction and Permanent Injunction, and Application for Appointment of Receiver, and in

support thereof would show unto the Court the following:

City of Dallas' Original Petition, Application for Temporary Injunction andPermanent Injunction and Application for Appointment of ReceiverCity of Dallas v. Dennis Topletz, et ai,

Page 1.

DC-15-13993 Lantz Sandra

FILEDDALLAS COUNTY

11/18/2015 9:08:17 AMFELICIA PITRE

DISTRICT CLERK

193RD-L

I. DISCOVERY CONTROL PLAN

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

Rules of Civil Procedure.

II. PARTIES

2. Plaintiff, the City of Dallas ("City"), is a home rule municipal corporation situated

primarily in Dallas County, Texas, incorporated and operating under the laws of the State of

Texas.

3. Defendant Dennis Topletz is an individual Texas resident owning real property

that is the subject of this lawsuit. Service of process may be made upon him at 7509 Inwood

Road, Ste 300, Dallas, Texas 75209 or wherever he may be found.

4. Defendant Casey Topletz is an individual owning real property that is the subject

of this lawsuit. Service of process may be made upon him at 7509 Inwood Road, Ste 300,

Dallas, Texas 75209 or wherever he may be found.

5. Defendant Vicki Topletz is an heir of Harold Topletz and therefore an individual

owning real property that is the subject of this lawsuit. Service of process may be made upon her

at 7519 Malabar Ln., Dallas, Texas 75230 or wherever she may be found.

6. Defendant Steven Topletz is an heir of Harold Topletz and therefore an individual

owning real property that is the subject of this lawsuit. Service of process may be made upon

him at 6514 Tulip Ln., Dallas, Texas 75230 or wherever he may be found.

7. Defendant Marvin L. Levin is an individual owning real property that is the

subject of this lawsuit in his individual capacity, as well as in his capacity as the executor of the

Estate of Joseph M. "Jack" Topletz. Service of process may be made upon him at 7509 Inwood



Page 2.

8. Defendant Monarch Development Corporation is an inactive Texas Corporation

owning real property that is the subject of this lawsuit. Service of process may be made upon

Monarch Development Corporation, through its registered agent, Dennis Topletz at 7509 Inwood


9. The real property located at Lots 33 and 34, Block 6/2548, also known as 2501

Bethurum Ave., Dallas, Texas (referred to hereafter as the "2501 Bethurum"), in rem, is real

property that is the subject of this lawsuit and may be served with citation through the owners,

Harold and Jack Topletz through the executor of the Estate of Jack Topletz, Marvin L. Levin at

7509 Inwood Road, Ste 300, Dallas, Texas 75209 or wherever he may be found, and Dennis,

Vicki, and Steven Topletz, in their capacity as heirs of Harold Topletz, at 7509 Inwood Road,

Dallas, Texas 75209 or wherever they may be found.

10. The real property located at Southeast part of Lot 18, Block 1718, also known as

3737 Guaranty St., Dallas, Texas (referred to hereafter as the "3737 Guaranty"), in rem, is real

property that is the subject of this lawsuit and may be served with citation through the owner,

Marvin L. Levin at 7509 Inwood Road, Ste 300, Dallas, Texas 75209 or wherever he may be

found.

11. The real property located at Lot 21, Block 40/3712, also known as 1231 Iowa

Ave., Dallas, Texas (referred to hereafter as the"1231 Iowa"), in rem, is real property that is the

subject of this lawsuit and may be served with citation through the owner, Harold and Jack

Topletz through the executor of the Estate of Jack Topletz, Marvin L. Levin at 7509 Inwood

Road, Ste 300, Dallas, Texas 75209 or wherever he may be found, and Dennis, Vicki, and Steven

Topletz, in their capacity as heirs of Harold Topletz, at 7509 Inwood Road, Dallas, Texas 75209

or wherever they may be found.

City of Dallas' Original Petition, Application for Temporary Injunction andPermanent Injunction and Application for Appointment of ReceiverCity of Dallas v. Dennis Topietz, et ai,

Page 3.

12. The real property located at Lot 18, Block 3/5155, also known as 2603 Modree

Ave., Dallas, Texas (referred to hereafter as the "2603 Modree"), in rem, is real property that is

the subject of this lawsuit and may be served with citation through the owner, Monarch

Development Corporation, through its registered agent, Dennis Topletz at 7509 Inwood Road,

Ste 300, Dallas, Texas 75209 or wherever he may be found.

13. The real property located at Lot 20, Block F/1732, also known as 3803 Octavia

St., Dallas, Texas (referred to hereafter as the "3803 Octavia"), in rem, is real property that is the

subject of this lawsuit and may be served with citation through the owner, Casey Topletz, at 7509

Inwood Road, Ste 300, Dallas, Texas 75209 or wherever he may be found.

14. The real property located at part of Lot 6, Block All162, also known as 1304

Pennsylvania Ave., Dallas, Texas (referred to hereafter as the "1304 Pennsylvania"), in rem is

real property that is the subject of this lawsuit and may be served with citation through the owner,

Harold and Jack Topletz through the executor of the Estate of Jack Topletz, Marvin L. Levin at

7509 Inwood Road, Ste 300, Dallas, Texas 75209 or wherever he may be found, and Dennis,

Vicki, and Steven Topletz, in their capacity as heirs of Harold Topletz, at 7509 Inwood Road,

Dallas, Texas 75209 or wherever they may be found.

15. The real property located at Lots 21 and 22 less 250 square feet, Block 27/1310,

also known as 2705 Pennsylvania Ave., Dallas, Texas (referred to hereafter as the "2705

Pennsylvania"), in rem, is real property that is the subject of this lawsuit and may be served with

citation through the owner, Dennis Topletz at 7509 Inwood Road, Ste 301, Dallas, Texas 75209

or wherever he may be found.

16. The real property located at Lot 4, Block D/3396, also known as 1203 Strickland

St., Dallas, Texas (referred to hereafter as the "1203 Strickland"), in rem, is real property that is

the subject of this lawsuit and may be served with citation through the owner, Monarch

City of Dallas' Original Petition, Application for Temporary Injunction andPermanent Injunction and Application for Appointment of ReceiverCity of Dallas v. Dennis Topietz. et ai,

Page 4.

Development Corporation, through its registered agent, Dennis Topletz at 7509 Inwood Road,

Ste 300, Dallas, Texas 75209 or wherever he may be found.

17. The Defendants listed in paragraphs 3-8 above, Dennis Topletz, in his individual

capacity, as well as under the name of Topletz Investments, and, as an heir of Harold Topletz,

Steven Topletz, as an heir of Harold Topletz, Vicki Topletz, as an heir of Harold Topletz, Casey

Topletz, Marvin L. Levin, both individually and as independent executor of the Estate of Jack

Topletz, and Monarch Development Corporation, are hereinafter collectively referred to as

"Topletz."

18. The real property defendants listed in paragraphs 9-16 are hereinafter collectively

referred to as the "Defendant Properties."

19. The real properties listed in Exhibit 1 attached to this Petition are hereinafter

referred to collectively as the "Topletz Properties."

III. JURISDICTION AND VENUE

20. The City brings this cause of action to obtain temporary and permanent injunctive

relief and recover civil penalties against Defendants pursuant to Subchapter B of Chapter 54 of

the Texas Local Government Code, as well as Chapter 125 of the Texas Civil Practice &

Remedies Code.

21. This Court has jurisdiction pursuant to Section 65.021 of the Texas Civil Practice

and Remedies Code.

22. Venue is proper pursuant to Section 54.013 of the Texas Local Government Code

and Section 125.002 of the Texas Civil Practice and Remedies Code.

23. This cause of action is brought in personam and also in rem pursuant to Section

125.002(b) of the Texas Civil Practice and Remedies Code and Section 54.018(b)(2) of the

Texas Local Government Code.


Page 5.

IV. FACTS

Background of Topletz Ownership/Control of Residential Rental Properties.

24. In the City of Dallas, the name "Topletz" is synonymous with dilapidated and

often crimeridden single-family rental property located primarily in South Dallas.

25. Many of the one hundred ninety (190) residential rental properties that are the

subject of, or the management of which would be effected by, this suit (a complete list of which

is attached to this Petition as Exhibit 1 (the "Topletz Properties")) were once jointly owned and

controlled by the late brothers, Jack and Harold Topletz, in their names or in the names of other

close family members, fictitious DBAs, or now defunct corporate entities.

26. Since at least the time of Jack and Harold Topletz's deaths in 2013 and 2014,

respectively, surviving family members including Dennis Topletz, Steven K Topletz, Vicki Lea

Topletz, Casey Topletz, Lane Topletz, Marvin Levin, and Judith Tycher (as a trustee of the Ivy

Rabinowitz Trust), similarly hold and/or control the Topletz Properties.

27. Today virtually all of the Topletz Properties share certain characteristics: they are

single-family rental properties; they have extremely low appraisal value; and they are in poor to

structurally unsound condition.

The Topletz Business Model Violates Tenants' Rights Under State Law.

28. In violation of a landlord's duties under Texas Property Code section 92.006(c),

the Topletz Defendants' standard lease purports to rent their dilapidated properties in an "as is"

condition, and charges tenants with the responsibility and cost for repairs to the property. See

Example of a Topletz lease, attached hereto as Exhibit 2. In addition, the Topletz Defendants

periodically send out letters reminding tenants not to complain about needed repairs, to tell City

of Dallas Code Inspectors that might knock on their door that, "There are no problems," and to


Page 6.

not allow City of Dallas Code inspectors into their homes without a warrant. See Topletz tenant

letter, attached as Exhibit 3.

Topletz Rental Properties Are Rife With Code Violations.

29. The Topletz Defendants have allowed their properties to fall into such advanced

states of disrepair that the City of Dallas has had to obtain municipal court orders to demolish

and has demolished numerous structures owned by the Topletz Defendants.

30. Notwithstanding a lack of complaints or cooperation from the Topletz

Defendants' tenants, over the course of the last thirteen months, the interiors of the Defendant

Properties were each inspected in the course of executing narcotics search warrants.

31. The Defendant Properties were noted to contain numerous violations of the Dallas

City Code:

32. Specifically, an itemized list of the code violations found at the Defendant

Properties, and copies of the cited ordinances, is attached hereto as Exhibit 4 and incorporated

by reference as if fully set forth herein.

33. The ordinances contained in Exhibit 4 relate to:

a. The preservation of public safety, relating to the material or methods used to

construct a building or other structure or improvement, including the foundation,

structural elements, electrical wiring or apparatus, plumbing fixtures, entrances,

or exits;

b. the preservation of public health or to the fire safety of a building or other

structure or improvement;

c. dangerously damaged or deteriorated structures or improvements; and/or

d. conditions caused by accumulation of refuse, vegetation, or other matter that

creates breeding and living places for insects and rodents.

City of Dallas' Original Petition, Application for Temporary Injunction andPermanent Injunction and Application for Appointment of ReceiverCity of Dallas v. Dennis Topletz, et al,

Page 7.

34. The conditions described in Exhibit 4 pose a substantial risk of injury or adverse

health impact to persons other than the Topletz Defendants and to property other than that of the

Topletz Defendants.

35. On information and belief, the City alleges that the code violations set out in

Exhibit 4 currently exist at the Defendant Propelties, and that the same or similar code violations

exist on some or all of the Topletz Properties.

Topletz Properties are Magnets for Crime and a Nuisance to Neighborhoods.

36. The Defendant Properties are only current examples of Topletz Properties that are

plagued by habitual drug sales, possession and use. Many Topletz Properties have been in and

out of the Dallas Police Department's SAFE program for criminal nuisance properties for years.

37. From May 2014, to November 2015, the Dallas Police Department's Narcotics

Street Squads executed 229 narcotics search warrants at single family properties in the city of

Dallas based on undercover drug buys made at the properties. Nearly one out of every 10 of these

warrants was executed at a Topletz Property.

38. The Topletz Defendants pay lip service to a "no drugs" policy in their lease, but in

reality, Topletz Defendants routinely allow drug dealers to thrive at Topletz Properties.

39. The Topletz Defendants have ignored the criminal activity aJ the Defendant

Properties and the tell-tale signs of the activity such as the constant drug traffic and modifications

to the structures that serve to enable hand to hand transactions at the doorways while also being

resistant to police battering rams.

40. A detailed list of criminal offenses that have occurred recently at the Defendant

Properties are detailed in the attached Exhibit 5, which is incorporated by reference as if fully set

forth herein.


Page 8.

41. The Topletz Defendants maintain the Defendant Properties as places to which

persons habitually go for the delivery, possession, manufacture, or use of controlled substances in

violation of Chapter 481, Health and Safety Code. These criminal activities frequently occur at

the Defendant Properties and the Defendant Properties are frequently used in furtherance of the

criminal activities.

42. The Topletz Defendants maintain a common nuisance at the Defendant Properties

as that term is defined in Section 125.0015 of the Texas Civil Practice and Remedies Code.

43. The Topletz Defendants knowingly tolerate the habitual criminal activity referred

to in Exhibit 5, have failed to make reasonable attempts to abate the activity, and continue to

maintain the Defendant Properties as a common nuisance.

V. CAUSES OF ACTION, APPLICATION FOR APPOINTMENT OF ARECEIVER, AND REQUEST FOR OTHER RELIEF

A. Temporary and Permanent Relief under Chapter 125 of the Texas Civil Practiceand Remedies Code

44. The City re-alleges paragraphs 1- 43 as if fully set forth herein.

45. The City requests a temporary injunction, and permanent injunction pursuant to

Section 125.002 of the Texas Civil Practice and Remedies Code immediately prohibiting the

Topletz Defendants from maintaining the Defendant Properties as a common nuisance,

specifically, as a places to which persons habitually go for delivery, possession, manufacture, or

use of a controlled substance in violation of Chapter 481, Health and Safety Code.

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

Court determines that the City is likely to succeed on the merits in a suit brought under Section

125.002 of the Civil Practice and Remedies Code, the City requests that the Court order

reasonable requirements to prevent the use or maintenance of the Defendant Properties as a

common nuisance.


Page 9.

47. The City further requests that if final judgment be in favor of the City, pursuant to

Sections 125.002(e) and (f) of the Texas Civil Practice and Remedies Code, the Court grant a

permanent injunction requiring the following: 1) ordering Defendants to abate the common

nuisance at the Defendant Properties; 2) enjoining Defendants from maintaining or participating

in the common nuisance at the Defendant Properties; and 3) imposing specific requirements on

Defendants to prevent the use or maintenance of the Defendant Properties as a common nuisance.

48. Additionally, if final judgment be in favor of the City, such judgment would be a

judgment in rem against the Property as well as a judgment against the Topletz Defendants. As a

result, the City requests, and Section 125.002(e) of the Texas Civil Practices and Remedies Code

mandates, that the Judgment order that the Defendant Properties be closed for one year after the

date of the Judgment.

B. Temporary and Permanent Relief and Civil Penalties under Chapters 54 of theTexas Local Government Code

49. The City re-alleges paragraphs 1-48 as if fully set forth herein.

50. These causes of action arise under Subchapter B of Chapter 54 and Subchapter A

of Chapter 211 of the Texas Local Government Code.

51. Chapter 54 of the Texas Local Government Code provides: "A municipality may

bring a civil action for the enforcement of an ordinance: (1) for the preservation of public

safety... ; (2) related to preservation of public health... ; (3) for zoning that provides for the use

of land or classifies a parcel of land according to the municipality's district classification

scheme..." Tex. Loc. Gov't Code § 54.012.

52. Section 54.016 of the Texas Local Government Code empowers the City to seek

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

control over the Property on a showing of substantial danger of injury or an adverse health


Page 10.

impact to any person or to the property of any person other than the defendant. This injunction

may prohibit specific conduct that violates the ordinance; and/or require specific conduct that is

necessary for compliance with the ordinance.

53. Therefore, the City further requests temporary and permanent injunctive relief,

ordering Defendants to comply with Dallas City Code.

54. As a matter of law, the City is not required to post a bond to obtain injunctive

relief requiring the Defendants to comply with the City Code. See Tex. Civ. Prac. & Rem. Code

§ 6.002; Dallas City Charter, Ch. II, § 1(4) & ch. XXIV, § 2.

55. Pursuant to Section 54.017 of the Texas Local Government Code, the City

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

Code that exists on the Property.

56. The City seeks a judgment against Defendants.

57. The City also requests post-judgment interest at the maximum amount allowed by

law and taxable costs of court.

C. Application for Appointment of Receiver

58. Because of the Topletz Defendant's ongoing and repeated mismanagement of the

Topletz Properties through placement of tenants in substandard conditions, the intimidation of

the tenants in contravention of state law, intended to prevent them from seeking repair of these

conditions, the possibility of material injury to the properties and/or the tenants, and the failure to

pay the necessary expenses to maintain the Topletz Properties while collecting rents, the City

requests that the Court appoint a receiver to take charge and possession of the Topletz Properties.

Pursuant to Texas Civil Practice and Remedies Code Section 64.001 and Texas Rules of Civil

Procedure Rule 695, the City seeks the appointment of a receiver based upon the equitable

considerations enumerated above.


Page 11.

59. In the alternative, the City seeks an appointment of a receiver pursuant to Texas

Local Government Code 214.003(b)(1), which states that a "court may appoint a receiver for the

property a nonprofit organization with a demonstrated record of rehabilitating properties if the

court finds that the structures are in violation of [ordinances governing the minimum standards

for the continued use and occupancy of all buildings]."

60. Accordingly, the City requests that the Court order the following:

61. A Receiver be appointed to take possession and charge of the Topletz Properties

and that the Receiver be allowed:

a) to collect and receive rents/dues/assessments;

b) to collect and compromise demands;

c) to evict non-paying tenants;

d) to make repairs to the Property as necessary to bring the Property into

compliance with minimum housing standards of the Dallas City Code;

e) to board up the units as vacancies arise;

f) to make payments necessary for the maintenance or restoration of utilities;

g) to exercise all other authority that an owner of the Property would have

including the authority to sell the Property;

h) upon completion of the receivership, file with the Court a full accounting

of all costs and expenses incurred in repairs, including reasonable costs for

labor and subdivision and all income received from the Property; and

i) to perform other acts in regard to the Property as authorized by the Court.

62. All representatives, agents, assigns, and employees of Defendants be prohibited

from being within 500 feet of the Topletz Properties.


Page 12.

63. Defendants relinquish to the Receiver all accounts, books, rent rolls, funds, and

papers regarding the management of the Topletz Properties;

64. Defendants cease to hold themselves out as being III control of the Topletz

Properties; and

65. Defendants refrain from contacting any of the current tenants of the Topletz

Properties.

D. Request for Attorneys' Fees and Costs

66. The City seeks Attorneys' Fees and costs under Texas Civil Practice and

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

VI. REQUEST FOR JURY TRIAL

67. The City respectfully requests a trial by jury on all issues so triable.

VII. REQUEST FOR DISCLOSURES

68. Defendants are requested to disclose, within fifty (50) days of service of this

request, the information or material described in Rule 194.2 of the Texas Rules of Civil

Procedure.

VIII. REQUEST FOR ENTRY AND INSPECTION

69. Pursuant to Rule 196.7 of the Texas Rules of Civil Procedure, the City requests

entry upon the properties which are owned and or/controlled by the Defendants in this case,

including but not limited to those listed in Exhibit 1. The City requests entry to inspect the

properties, including the exteriors and interiors of structures, for compliance with the Dallas City

Code.

70. The City requests this entry by City Code and/or building inspectors, accompanied

by Dallas Police when requested by such inspectors, within 50 days of service of this petition or


Page 13.

at an earlier, mutually-agreed upon time, for the purposes of conducting an inspection in

accordance with Rule 196.7(c)(l). This request is continuing in nature and the Defendants are

hereby notified of the City's request to enter the properties to determine compliance with any

order issued by this Court.

PRAYER

WHEREFORE PREMISES CONSIDERED, the City respectfully requests that the Court

grant the following relief in the City's favor:

1) that the City be granted temporary and permanent injunctive relief as requested

herein;

2) that the Court, upon notice and hearing, appoint a Receiver to take control of the

Topletz Properties;

3) that on final trial the City be awarded judgment in its favor for civil penalties of $1,000

per day, per violation for each day that Property remains in violation of the Dallas City Code;

4) that the City be awarded judgment in its favor for all costs of court and attorneys' fees;

5) that the City be awarded judgment in its favor for post-judgment interest at the highest

legal rate, and

6) such other and further relief, general or special, at law or in equity, to which the City

may show itself to be justly entitled.


Page 14.

Respectfully submitted,

WARREN M. S. ERNSTDallas City Attorney

By: lsi Melissa A. MilesMELISSA A. MILESState Bar of Texas No. [email protected] WELCHState Bar of Texas No. 24064988anna.welch @dallascityhall.com1500 Marilla, 7BNDallas, Texas 75201Tel. (214) 670-3519Fax (214) 670-0622

ATTORNEYS FOR PLAlNTIFF,THE CITY OF DALLAS, TEXAS


Page 15.

VERIFICAnONSTATE OF TEXASCOUNTY OF DALLAS

I, Kate Lawler, a certified code inspector with the City of Dallas, after being duly sworn, herebycertify that I am qualified and authorized to make this affidavit, and that I have read each andevery factual allegation contained within paragraphs 29-35 and Exhibit 4 of this Petition, and thatsaid factual allegations are within my personal knowledge and are true and correct.

~Kate Lawler

Subscribed and sworn to before me this 18th day of November 2015.

[)~M~Notary Public

DANNA WALLSNotary Public

City of Dallas' Original Petition, Application for Temporary Injunction andPermanent Injunction and Application for Appointment of ReceiverCity afDallas v. Dennis Tapletz, et aI,

Page 16.

Topletz Rental Properties - Information Populated by Dallas Central Appraisal District ("DCADII)

Property Address Ownerl OwnAddrl OwnAddr2 TotalVal 20l5CDU

1 3112 PENNSYLVANIA AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 4,600.00 FAIR

2 4435 JAMAICA ST TOPLETZ INVESTMENTS 7509 INWOOD RD $ 4,750.00 AVERAGE

3 4003 PENELOPE ST TOPLETZ HAROLD STE 301 7509 INWOOD RD STE 301 $ 5,110.00 POOR

4 4305 EAST GRAND AVE TOPLETZ JACK M ET AL SUITE 301 7509 INWOOD RD STE 301 $ 6,190.00 UNSOUND

5 2708 ANDERSON ST TOPLETZ HAROLD ET AL STE 301 7509 INWOOD RD STE 301 $ 6,250.00 VERY POOR

6 2416 ANDERSON ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 6,280.00 POOR

7 1639 FAYE ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 6,380.00 VERY POOR

8 1714 METROPOLITAN AVE TOPLETZ HAROLD ET AL SUITE 301 7509 INWOOD RD STE 301 $ 6,720.00 UNSOUND

9 5618 BEXAR ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 6,830.00 VERY POOR

10 4707 FRANK ST LEVIN M L % H J POPLER 7509 INWOOD RD STE 301 $ 6,900.00 POOR

11 2339 HARDING ST TOPLETZ INVESTMENTS 7509 INWOOD RD $ 7,100.00 VERY POOR

12 2522 HOOPER ST TOPLETZ DALE SUITE 301 7509 INWOOD RD STE 301 $ 7,470.00 VERY POOR

13 3625 S CENTRAL EXPY TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 7,510.00 POOR

14 4322 SPRING AVE TOPLETZ DENNIS 7509 INWOOD RD STE 301 $ 7,530.00 FAIR

15 2821 CARTER ST TOPLETZ DALE 7509 INWOOD RD $ 7,640.00 UNSOUND

16 3527 PACKARD ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 7,710.00 FAIR

17 1146 FLETCHER ST TOPLETZ JACK M ET AL SUITE 301 7509 INWOOD RD STE 301 $ 7,740.00 UNSOUND

18 4515 JAMAICA ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 7,760.00 VERY POOR

19 2229 DATHE ST TOPLETZ HAROLD ET AL STE 301 7509 INWOOD RD STE 301 $ 7,760.00 FAIR

20 3509 DUNBAR ST TOPLETZ HAROLD & JACK TOPLETZ 7509 INWOOD RD STE 301 $ 7,800.00 FAIR

21 2618 VALENTINE ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 7,810.00 VERY POOR

22 2701 VALENTINE ST TOPLETZ HAROLD & JACK 7509 INWOOD RD $ 7,820.00 VERY POOR

23 2911 WARREN AVE TOPLETZ INVESTMENTS 7509 INWOOD RD $ 8,000.00 POOR

24 3242 PINE ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 8,110.00 VERY POOR

25 2905 BIRMINGHAM AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 8,130.00 UNSOUND

26 4824 FELLOWS LN TOPLETZ IRIS 7509 INWOOD RD STE 301 $ 8,230.00 VERY POOR

27 2229 JORDAN ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 8,500.00 FAIR

28 4607 ROBERTS AVE TOPLETZ DALE 7509 INWOOD RD STE 301 $ 8,800.00 FAIR

29 2641 GHENT ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 8,890.00 VERY POOR

30 2238 MACON ST TOPLETZ HAROLD & 7509 INWOOD RD STE 301 $ 9,000.00 POOR

31 2331 HARDING ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 9,010.00 VERY POOR

32 2441 ELSIE FAYE HEGGINS ST TOPLETZ HAROLD & TOPLETZJACK 7509 INWOOD RD#301 $ 9,050.00 UNSOUND

33 2501 BETHURUM AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 9,160.00 UNSOUND

34 2223 METROPOLITAN AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 9,170.00 UNSOUND

35 3939 WILDER ST TOPLETZ JACK & HAROLD TOPLETZ 7509 INWOOD RD $ 9,180.00 FAIR

36 2700 PENNSYLVANIA AVE TOPLETZ HAROLD M & TOPLETZ JACK 7509 INWOOD RD $ 9,210.00 UNSOUND37 3519 PACKARD ST TOPLETZ HAROLD & JACK 7509 INWOOD RD $ 9,500.00 FAIR

EXHIBIT

\

38 3507 PACKARD ST TOPLETZ HAROLD &JACK STE 301 7509 INWOOD RD STE 301 $ 9,500.00 POOR

39 2638 SOUTHLAND ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 9,590.00 POOR

40 3816 ATLANTA ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 9,640.00 FAIR

41 1624 MARBURG ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 9,650.00 VERY POOR

42 4006 COLONIAL AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 9,670.00 UNSOUND

43 2239 STONEMAN ST TOPLETZ JACK METAL SUITE 301 7509 INWOOD RD STE 301 $ 9,680.00 POOR

44 4632 BURMA RD TOPLETZ INVESTMENTS 7509 INWOOD RD $ 9,750.00 POOR

45 4619 SPRING GARDEN RD TOPLETZ DENNIS 7509 INWOOD RD STE 301 $ 9,900.00 AVERAGE

46 3531 PACKARD ST TOPLETZ INVESTMENT CO SUITE 301 7509 INWOOD RD STE 301 $ 9,940.00 POOR

47 2634 MARBURG ST TOPLETZ DENNIS D 7509 INWOOD RD STE 301 $ 10,000.00 POOR

48 2710 DATHE ST TOPLETZ INVESTMENTS 7509 INWOOD RD $ 10,000.00 VERY POOR

49 2249 JORDAN ST TOPLETZ HAROLD & JACK TOPLETZ 7509 INWOOD RD STE 301 $ 10,080.00 FAIR

50 2224 COOPER ST TOPLETZ JACK M ET AL SUITE 301 7509 INWOOD RD STE 301 $ 10,100.00 VERY POOR

51 2532 LOWERY ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 10,470.00 VERY POOR

52 3505 ROBERTS AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 10,510.00 VERY POOR

53 3602 HAVANA ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 10,580.00 VERY POOR

54 4512 CONGO ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 10,700.00 POOR

55 2410 DATHE ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 10,750.00 AVERAGE

56 3618 RUSKIN ST TOPLETZ DENNIS D 7509 INWOOD RD STE 301 $ 10,790.00 POOR

57 4209 CARDINAL DR TOPLETZ DENNIS SUITE 301 7509 INWOOD RD STE 301 $ 11,050.00 VERY POOR

58 2427 PENNSYLVANIA AVE TOPLETZ DENNIS 7509 INWOOD RD STE 301 $ 11,070.00 POOR

59 1304 PENNSYLVANIA AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 11,110.00 UNSOUND

60 2714 WARREN AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 11,230.00 VERY POOR

61 2707 CROSS ST TOPLETZ HAROLD STE 301 7509 INWOOD RD STE 301 $ 11,430.00 AVERAGE

62 4318 YORKST WORLD IS YOURS INVESTMENT GROUP THE 7S09 INWOOD RD #301 $ 11,680.00 VERY POOR

63 3526 PACKARD ST TOPLETZ HAROLD ET AL 7509 INWOOD RD $ 12,000.00 VERY POOR

64 3303 PINE ST TOPLETZ HAROLD & 7509 INWOOD RD STE 301 $ 12,000.00 AVERAGE

65 1114 DULUTH ST TOPLETZ DENNIS D 7509 INWOOD RD STE 301 $ 12,110.00 POOR

66 2215 FOREMAN ST TOPLETZ HAROLD &JACK 7509 INWOOD RD STE 301 $ 12,130.00 FAIR

67 3115 BERTRAND AVE TOPLETZ HAROLD & 7509 INWOOD RD STE 301 $ 12,200.00 VERY POOR

68 2416 LAWRENCE ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 12,240.00 VERY POOR

69 3206 HARLANDALE AVE TOPLETZ DENNIS D 7509 INWOOD RD STE 301 $ 12,280.00 FAIR

70 2701 BIRMINGHAM AVE TOPLETZ HAROLD M & TOPLETZ JACK 7509 INWOOD RD $ 12,340.00 UNSOUND

71 2711 EANN ARBOR AVE TOPLETZ INVESTMENTS 7509 INWOOD RD $ 12,360.00 FAIR

72 2658 FORDHAM RD MONARCH DEVELOPMENT CORP 7509 INWOOD RD $ 12,470.00 POOR

73 3703 TORONTO ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 12,500.00 UNSOUND

74 2705 PENNSYLVANIA AVE TOPLETZ DENNIS D 7509 INWOOD RD STE 301 $ 12,650.00 POOR

75 3911 LE FORGE AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 12,740.00 POOR

76 1224 PENNSYLVANIA AVE TOPLETZ INVESTMENTS 7509 INWOOD RD $ 12,750.00 UNSOUND

77 1316 PENNSYLVANIA AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 12,950.00 POOR

78 3803 OCTAVIA ST TOPLETZ CASEY 7509 INWOOD RD #301 $ 13,000.00 FAIR

79 2826 CASEY ST TOPLETZ DENNIS D % TOPLETZ INVESTM 7509 INWOOD RD STE 301 $ 13,250.00 VERY POOR

80 2447 SKYLARK DR TOPLETZ HAROLD & JACK 7509 INWOOD RD STE 301 $ 13,500.00 POOR

81 2626 WILHURT AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 13,550.00 POOR

82 2633 LEACREST DR MONARCH DEVELOPMENT CORP 7509 INWOOD RD $ 13,800.00 FAIR

83 2603 MODREE AVE MONARCH DEVELOPMENT CORP 7509 INWOOD RD $ 13,850.00 POOR

84 2318 DATHE ST TOPLETS DENNIS D 7509 INWOOD RD STE 301 $ 13,860.00 AVERAGE

85 2730 SWANSON ST TOPLETZ CASEY 7509 INWOOD RD STE 301 $ 13,900.00 AVERAGE

86 2923 BARDWELL AVE TOPLETZ HAROLD & TOPLETZ JACK 7509 INWOOD RD #301 $ 14,000.00 FAIR

87 1203 STRICKLAND ST MONARCH DEVELOPMENT CORP 7509 INWOOD RD $ 14,000.00 POOR

88 1423 STELLA AVE MONARCH DEVELOPMENT CORP 7509 INWOOD RD $ 14,000.00 VERY POOR

89 2630 ANN ARBOR AVE TOPLETZ DENNIS D 7509 INWOOD RD STE 301 $ 14,000.00 AVERAGE

90 1534 SOUTHERLAND AVE TOPLETZ HAROLD & TOPLETZ JACK 7509 INWOOD RD STE 301 $ 14,000.00 FAIR

91 1020 ANN AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 14,400.00 UNSOUND

92 1018 ANN AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 14,400.00 UNSOUND

93 2714 PINE ST TOPLETZ INVESTMENTS 7509 INWOOD RD $ 14,570.00 POOR

94 2134 ARDEN RD MONARCH DEVELOPMENT CORP 7509 INWOOD RD $ 14,800.00 POOR

95 3821 LATIMER ST TOPLETZ CASEY 7509 INWOOD RD #301 $ 14,950.00 POOR

96 4526 HELEN ST TOPLETZ HAROLD ET AL STE 301 7509 INWOOD RD STE 301 $ 15,000.00 VERY POOR

97 1117 BETTERTON CIR TOPLETZ INVESTMENTS 7509 INWOOD RD $ 15,000.00 VERY POOR

98 3906 CARLST TOPLETZ INVESTMENTS 7509 INWOOD $ 15,000.00 FAIR

99 2426 PINE ST TOPLETZ HAROLD & JACK TOPLETZ 7506 INWOOD RD $ 15,000.00 UNSOUND

100 2659 VOLGA AVE TOPLETZ HAROLD & TOPLETZ JACK 7509 INWOOD RD #301 $ 15,020.00 FAIR

101 1150 FLETCHER ST TOPLETZ HAROLD ET AL STE 301 7509 INWOOD RD STE 301 $ 15,110.00 UNSOUND

102 2822 CASEY ST TOPLETZ DENNIS 7509 INWOOD RD STE 301 $ 15,620.00 POOR

103 2111 HUDSPETH AVE MONARCH DEVELOPMENT CORP 7509 INWOOD RD $ 15,770.00 POOR

104 2403 S MARSALIS AVE TOPLETZ HAROLD M & TOPLETZ JACK 7509 INWOOD RD $ 16,000.00 VERY POOR

105 210 N CLIFF ST TOPLETZ HAROLD ET AL STE 301 7509 INWOOD RD STE 301 $ 16,000.00 UNSOUND

106 2302 GREER 5T TOPLETZ CASEY 7509 INWOOD RD $ 16,000.00 FAIR

107 1543 SOUTHERLAND AVE TOPLETZ HAROLD & JACK TOPLETZ 7509 INWOOD RD STE 301 $ 16,050.00 POOR

108 4111 VINEYARD DR TOPLETZ DENNIS D 7509 INWOOD RD STE 301 $ 16,080.00 VERY POOR

109 4035 VINEYARD DR TOPLETZ DENNIS D 7509 INWOOD RD STE 301 $ 16,080.00 VERY POOR

110 4518 COLONIAL AVE TOPLETZ DENNIS D 7509 INWOOD RD STE 301 $ 16,200.00 POOR

111 1722 ATLAS DR TOPLETZ INVESTMENTS 7509 INWOOD RD $ 16,350.00 AVERAGE

112 4524 HELEN ST TOPLETZ HAROLD ET AL STE 301 7509 INWOOD RD STE 301 $ 16,440.00 POOR

113 2922 VALENTINE ST SAIGE PROPERTIES 7509 INWOOD $ 16,460.00 FAIR

114 2823 CARPENTER AVE TOPLETZ DENNIS 7509 INWOOD RD $ 16,560.00 AVERAGE

115 3054 RAMSEY AVE MONARCH DEVELOPMENT CORP 7509 INWOOD RD $ 16,750.00 UNSOUND

116 4242 OPAL AVE MONARCH DEVELOPMENT CORP 7509 INWOOD RD $ 16,970.00 FAIR

117 4515 TACOMA ST TOPLETZ DENNIS 7509 INWOOD RD STE 301 $ 17,020.00 POOR

118 2642 ALABAMA AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 17,130.00 UNSOUND

119 2351 JENNINGS AVE TOPLETZ DENNIS APT 301 7509 INWOOD RD STE 301 $ 17,260.00 POOR120 3326 DETONTE ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 17,320.00 POOR121 2215 MARBURG ST TOPLETZ INVESTMENTS 7509 INWOOD RD STE 301 $ 17,460.00 AVERAGE122 2907 KILBURN AVE TOPLETZ HAROLD & 7509 INWOOD RD STE 300 $ 17,500.00 FAIR123 1217 NORTH ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 17,500.00 FAIR124 2822 EXETER DR MONARCH DEVELOPMENT CORP 7509 INWOOD RD STE 301 $ 17,650.00 FAIR125 5015 BURNSIDE AVE TOPLETZ HAROLD & 7509 INWOOD RD STE 301 $ 17,880.00 VERY POOR126 2831 WILHURT AVE TOPLETZ DENNIS 7509 INWOOD RD STE 301 $ 17,940.00 FAIR127 3033 DAHLIA DR TOPLETZ HAROLD 7509 INWOOD RD $ 18,000.00 AVERAGE128 2316 HARDING ST TOPLETZ HAROLD STE 301 7509 INWOOD RD STE 301 $ 18,000.00 VERY POOR129 3046 ALABAMA AVE MONARCH DEVELOPMENT CORP 7509 INWOOD RD $ 18,000.00 FAIR130 4429 CROZIER ST STERLING MABLE LIFE EST REM:HAROLD & JACK 7509 INWOOD RD STE 301 $ 18,080.00 VERY POOR131 5020 COLONIAL AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 18,210.00 UNSOUND132 2938 RAMSEY AVE MONARCH DEVELOPMENT CORP 7509 INWOOD RD $ 18,250.00 FAIR133 1218 VERMONT AVE TOPLETZ HAROLD ET AL STE 301 7509 INWOOD RD STE 301 $ 18,600.00 VERY POOR134 4010 COLONIAL AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 18,610.00 VERY POOR135 1218 STRICKLAND ST TOPLETZ DENNIS 7509 INWOOD RD STE 301 $ 18,680.00 VERY POOR136 2406 PEABODY AVE CAPSHAW INVESTMENTS 7509 INWOOD RD $ 18,910.00 AVERAGE137 3027 ALABAMA AVE MONARCH DEVELOPMENT CORP 7509 INWOOD RD $ 19,000.00 FAIR138 4017 S MARSALIS AVE TOPLETZ INVESTMENTS 7509 INWOOD RD $ 19,300.00 POOR139 2958 KAVASAR DR TOPLETZ HAROLD & 7509 INWOOD RD STE 301 $ 19,320.00 VERY POOR140 1231 IOWA AVE TOPLETZ HAROLD & 7509 INWOOD RD STE 301 $ 19,440.00 VERY POOR

141 4211 BIGLOW ST TOPLETZ DENNIS D 7509 INWOOD RD STE 301 $ 19,760.00 VERY POOR142 5211 AUDREY ST TOPLETZ HAROLD M & #301 7509 INWOOD RD STE 301 $ 20,450.00 POOR

143 1327 NEPTUNE RD TOPLETZ DENNIS 7509 INWOOD RD STE 301 $ 20,560.00 AVERAGE

144 2929 BIRMINGHAM AVE MINSK FINANCE LLC 7509 INWOOD RD $ 20,800.00 POOR

145 2942 RAMSEY AVE MONARCH DEVELOPMENT CORP 7509 INWOOD RD $ 21,360.00 FAIR

146 2205 ARDEN RD MONARCH DEVELOPMENT CORP 7509 INWOOD RD $ 21,670.00 POOR

147 2610 INGERSOLL ST TOPLETZ DENNIS D 7509 INWOOD RD STE 301 $ 21,810.00 VERY POOR148 3314 JEROME ST TOPLETZ HAROLD & %TOPLETZ INVESTM 7509 INWOOD RD STE 301 $ 22,450.00 POOR

149 4606 UTAH AVE TOPLETZ HAROLD M & TOPLETZ JACK 7509 INWOOD RD $ 23,100.00 POOR

150 4106 MARSHALL ST GP ACQUISITIONS LLC 7509 INWOOD RD $ 23,450.00 AVERAGE

151 3525 ELSIE FAYE HEGGINS ST TOPLETZ HAROLD & JACK 7509 INWOOD RD STE 301 $ 23,460.00 AVERAGE

152 8205 FOREST LN TOPLETZ HAROLD & JACK %TOPLETZ DENNIS 7509 INWOOD RD STE 301 $ 24,000.00 POOR

153 4015 MEHALIA DR TOPLETZ INVESTMENTS 7509 INWOOD $ 24,120.00 FAIR

154 1209 E9TH ST TOPLETZ HAROLD ET AL STE 301 7509 INWOOD RD STE 301 $ 24,360.00 UNSOUND

155 120 PALM OAK DR TOPLETZ HAROLD & JACK TOPLETZ 7509 INWOOD RD STE 301 $ 24,580.00 POOR

156 1405 MINUET LN TOPLETZ HAROLD & JACK SUITE 301 7509 INWOOD RD STE 301 $ 24,950.00 VERY POOR

157 133 W MAIN ST TO PLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 25,950.00 VERY POOR

158 2423 VOLGA AVE MONARCH DEVELOPMENT CORP 7509 INWOOD RD $ 26,590.00 FAIR

159 1603 POPLAR ST TOPLETZ INVESTMENTS 7509 INWOOD RD STE 301 $ 28,600.00 GOOD

160 4419 COLONIAL AVE TOPLETZ HAROLD & TOPLETZ JACK 7509 INWOOD RD #301 $ 28,980.00 POOR161 1930 RAMSEY AVE TOPLETZ INVESTMENTS 7509 INWOOD $ 36,600.00 AVERAGE

162 411 WOODACRE DR TOPLETZ HAROLD & 7509 INWOOD RD STE 301 $ 37,720.00 POOR

163 1603 ALGONQUIN DR TOPLETZ IRIS 7509 INWOOD RD STE 301 $ 38,220.00 AVERAGE

164 4213 WILLOW ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 38,950.00 FAIR

165 4616/4618 HOPKINS AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 58,000.00 VERY POOR

166 4612/4614 HOPKINS AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 58,000.00 POOR




170 4517/4519 HOPKINS AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 58,000.00 POOR







177 4528/4530 HOPKINS AVE TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ S8,000.00 VERY POOR













190 115 N CISCO ST TOPLETZ INVESTMENTS SUITE 301 7509 INWOOD RD STE 301 $ 109,810.00 VERY POOR

~'.

F

AcknOWledged (

TOPLETZ INVESTMENTS7509 Inwood Road #301

Dallas, Texas 75209(214) 350-7555

___,20

ABSOLUTELY NO DRUG DEALING OR SUBJECT TO IMMEDIATE EVICTION !!!!

I (We) make application to rent the property known as_We also agree .

_ __' Dallas, Texas.

.1. To pay $_ ,-_ ~ _---Per month on a monthly basis in advance at Topletz office on or before the date is

due and payable.2. To pay $ (- _as a secu~ty rental/damage deposit.J. To pay $_ _as a pet deposit. Tenant hereafter agrees if a pet is allowed at above address and a

. \.. . .deposit has not been paid for prior to occupancy, an amount double the deposit will be reqT:lired and must bepaid imm'ediately or tenant is subject to eviction.

4. Failure to pay rent when due shall entitle Topletz to terminate this agreement and take possession of thepremises and its' contents. .

5. Tenant agrees to hold Topletz Investments harmless from any and all damages to person and propel1y duringtenancy occasioned by any defects, repairs, or improper construction of said premises.

6. No repairs or alterations will be done or paid for without consent of owners.7. Tenant agrees to take care of house and yard. Premises will be kept free of rubbisbigarbage and high gra::>:>.8. Tenant agrees to make all minor repairs at tenants expense.9. Tenant or anyone else shall not damage the structure or its facilities10. Tenant will immediately report any damage done by others relating to the property.11. Tenant is responsible for all broken windows and all broken and stopped up pipes. A charge wi II be made

by Topletz if repaired, and must be paid for at time work is completed. L1111t:~~ prior aIT<lIl~L'lllL'lll:- 11;1\!~ hL'L'I:

made.12. Tenant will not park or let others park in his yard.13. Tenant agrees to pay a $30.00 service charge on all returned checks.I ~'Tenant agrees to pay a $20.00 late charge whenever the rent is three (3) days late: pius, S20.()() pel' week

until the balance is paid in full.5. Tenant understands that all r~nts are due and payable at our office on the due date. If a...collector must be

sent to your house, a $20.00 charge will be made for each and every trip. This charge is in addition to anylate charge. .

1 Oo,Jenants deposit will be refunded ifTopletz is given 10 days notice of intent to move, leaves premises sweptclean and free of trash leaving the house in good condition. Deposits will be refuri'de9 within 5 Jays afterinspection has been verified.

17. A $25,00 Application/process fee will be charged if tenant does not want unit after tying up house inadditi ()n to per day rental due.

18. Tenant acknowledges he has inspected the premises and agrees to accept the property in "as is" condi tion.19. Tenant acknowledges the smoke detector in this unit is in working condition and will maintain and/or

replac.e any and allparts as necessary during his tenancy.20. Tenants agrees that there will be no loitering or drug dealing in or around their home. Anyone caught or

allowing others to break this rule will be subject to eviction and/or temlination of this agreement andconfis cation of the premises and its contents,

21. Tenant agrees to furnish their own appliances, air conditioning and heating, and maintain [hem ill propt:1'workiLg condition.

22. Tenan..twill abide by all ordinances and laws of the City of Dallas and will hold Topletz hamlless ti'ol11 Llll~

violations caused by themselves or their invitees. ..1D

iI!'11E3..

EXHIBIT

~

'-~TOPLETZ INVESTMENTf······7509 Inwood Road #301 ..

Dallas, Texas 75209(214) 350-7555

Dear

August 25,2013Re: . & all occ.

Dallas, Texas

TIlls letter is to advise you that effective on your next rental due date, it will be necessary for us to increase rental rates.Substantial increases in taxes & insurance, are items beyond our control that have forced us t6 make this adjustment.However, we are holding your rental increase to a minimum and your new rental rate will now be; $550 per month.We are sure you will fInd these amounts still well below current rates for comparable housing.

Please recall your rental contract: "your home is rented on an 'as is' basis". You are responsible for your surroundingsand your guests. No "illegal activities are allowed": Any person dealmg drugs .on/around the premises will be dealtwith to the full extent of the law including arrest/eviction/confIscation of your property and whatever options hePolice/City of Dallas and our office may deem necessary to control illegal activities.

As long as we have your cooperation in taking care of your home, its' surroundings and not requiring additionalrepairs, we shall resist raising our rents further. If you allow the City' of DallaslNeighborhood Services enter yourresidence and they require repairs for which you are responsible, such items will be charged to you directly. If anyonewants to enter your home for whatever the reason; tell them "this is your home, there are no problems and theycannot enter without a warrant". No one has the right to enter your home without your permission,regardlessof what they say. Do your part and keep your house up to code and in the condition it was fIrst rented. Tenants oranyone else shall not damage the structure or its facilities. Tenant is responsible for all broken windows, frozenlbrokenpipes, stopped up plumbing and code violations for which you are directly responsible. Tenant will also keep thepremises in and around their home free and clear of litter, hi grass, in-operable vehicles and garbage. Receptacles havebeen provided for your trash to be removed on a regular basis (twice a week). Please use them!! A charge will bemade ifwe must clean up around your home or if repairs must be made to your home for things you should be doing asa tenant per your rental agreement, and must be paid for at the time work is completed, unless prior arrangements havebeen made.

With the recent passing of Mr. Jack Topletz, our senior partner who was in charge of collections & maintenance, itbecomes necessary for us to make adjustments to offset his duties with the company.

A) Concerning collections:Y alL will need to timely make your payments directly to the office on or before their due date. If you cannot ordo not make your payments timely, a collectot will be sent to your home.and the $20.00 collection charge mustbe paid for each & every trip the collector must make to collect your rent after the "3 day grace period" unlessyou have called & made acceptable arrangements. The $20.00 collection cost is trip charge in addition to the$20.00 late charges after the above mentioned "3 day grace period" that continue to accumulate until balance ispaid in full.

B) Concerning repairs & maintenance:Since most of our tenants have held their requests to a minimum, we have cooperated by not passing oursubS1:antially increased costs on to you at this time.

Save these additional charges by taking care of your home, paying on time or calling the office if somethingunavoidable happens. Paymellts to the office shoul~ be.by check or money order. Do not send cash in the mail.

~~

!E3..

EXHIBIT

~

ExhibitChapter 54 Code Violations

2501 BETHURUM AVE., DALLAS, TEXAS,• Failure to protect the exterior surfaces of the structure fi.·om decay in violation of Section

27-11(b)(1);• Failure to provide and maintain in operating condition connections to discharge sewage

from a structure or land into a public sewer system in violation of Section 27-11 (c)(1);• Failure to provide and maintain in operating condition a toilet cOlli1ected to a water

source and to a public sewer in each structure intended for human habitation in violationof Section 27-11(c)(2);

• Failure to provide and maintain in operating condition connections and pipes to supplypotable water at adequate pressure to a structure intended for human occupancy inviolation of Section 27-11(c)(3);

• Failure to provide and maintain in operating condition a device to supply hot water of aminimum temperature of 120°F. within each structure intended for human habitation inviolation of Section 27-11(c)(4);

• Failure to provide and maintain heating equipment in operating condition so that it iscapable of maintaining a minimum inside temperature of 68°F. From November 16through March 15 in each room of a structure intended for human occupancy in violationof Section 27-11(c)(7);

• Failure to provide and maintain in operating condition, fi.·om April 1 through November1, refrigerated air equipment capable of maintaining a maximum inside temperature thatis 20 degrees lower than the outside temperature or 85°F, whichever is warmer, in eachroom of a structure intended for human occupancy in violation of Section 27-11(c)(8);

• Failure to provide and maintain in operating condition electrical circuits sufficient tosafely carry a load imposed by normal use of appliances and fixtures in violation ofSection 27-11(c)(11);

• Failure to provide a structure intended for human habitation with a screen for keeping outinsects at each opening of the structure if the structure is not cooled with refrigerated airin violation of section 27-11 (d)(2);

2705 PENNSYLVANIA AVE., DALLAS, TEXAS• There are holes, excavations, sharp protrusions, and other object or condition that exists

on the land that are reasonably capable of causing injury to a person in violation ofSection 27-11(a)(1);

• There are dead trees and tree limbs that are reasonably capable of causing injury to aperson in violation of Section 27-11(a)(5);

• Failure to protect the exterior surfaces of the structure from decay in violation of Section27-11(b)(1);

• Failure to keep the structure in a water-tight and weather-tight condition in violation ofSection 27-11(b)(5);

• The floors, walls, ceilings and all supporting structural members are not in a soundcondition capable ofbearing imposed loads in violation of Section 27-11 (b)(6);

• There are holes, cracks, and loose surface materials that are health or safety hazards in oron floors, walls or ceilings in violation of Section 27-11 (b)(9);

• Failure to provide and maintain in operating condition connections to discharge sewagefrom a structure or land into a public sewer system in violation of Section 27-11(c)(1);

• Failure to provide and maintain in operating condition a toilet connected to a watersource and to a public sewer in each structure intended for human habitation in violationof Section 27-1 1(c)(2);


• Failure to provide and maintain in operating condition a device to supply hot water of aminimum temperature of 120°F. within each structure intended for human habitation inviolation of Section 27-1 1(c)(4);

• Failure to provide and COlmect a kitchen sink, bathtub or shower, and lavatory to a coldand hot water source in each structure intended for human occupancy in violation ofSection 27-11(c)(5);

• Failure to connect plumbing fixtures and heating equipment that the owner supplies inaccordance with the Dallas Plumbing Code and Dallas Mechanical Code in violation ofSection 27-11(c)(6);


• Failure to provide and maintain in operating condition, from April 1 through November1, refrigerated air equipment capable of maintaining a maximum inside temperature thatis 20 degrees lower than the outside temperature or 85°F, whichever is warmer, in eachroom of a stlucture intended for human occupancy in violation of Section 27-11(c)(8);

• Failure to provide and maintain in operating condition a supply line for electrical serviceto each structure intended for human occupancy if electrical service is available within300 feet in violation of Section 27-11(c)(9);

• Failure to provide and maintain in operating condition electrical circuits sufficient tosafely carry a load imposed by normal use of appliances and fixtures in violation ofSection 27-11(c)(11);

• Failure to provide a structure intended for human habitation with a screen for keeping outinsects at each opening of the structure if the structure is not cooled with refrigerated airin violation of section 27-11(d)(2);

• Failure to install single and multiple-station smoke alarms in a single family residence orduplex in the following locations: (1) in each sleeping room, (2) outside of each separatesleeping area in the vicinity of the bedrooms, (3) on each additional story of the dwellingincluding basements and cellars but not including crawl spaces and uninhabitable attics inviolation of Section R317.1 of the International Residential Code;

• No person shall suffer or permit any cellar, vault, drain pool, privy, sewer, yard, groundsor premises belonging to or controlled or occupied by him to become, from any cause,

nauseous, foul, offensive or injurious to public health, or unpleasant and disagreeable toadjacent residents or persons in violation of Section 19-17;

1203 STRICKLAND ST., DALLAS, TEXAS,• There are holes, excavations, sharp protrusions, and other object or condition that exists


• There are dead trees and tree limbs that are reasonably capable of causing injury to aperson in violation of Section 27-11 (a)(5);

• Failure to keep the doors and windows of a vacant structure securely closed to preventunauthorized entry in violation of Section 27-11 (a)(6);


• Failure to provide and maintain railings for stairs, steps, balconies, porches andelsewhere as specified in the Dallas Building Code in violation of Section 27-11(b)(3);

• There are holes, cracks and other defects capable of causing injury to a person in stairs,porches, steps, and balconies in violation of Section 27-11 (b)(4);


• The floors, walls, ceilings and all suppoliing structural members are not in a soundcondition capable ofbearing imposed loads in violation of Section 27-1 1(b)(6);

• There are holes, cracks, and loose surface materials that are health or safety hazards in oron floors, walls or ceilings in violation of Section 27-11(b)(9);

• Failure to provide and maintain in operating condition connections to discharge sewagefrom a structure or land into a public sewer system in violation of Section 27-11 (c)(1);

• Failure to provide and maintain in operating condition a toilet connected to a watersource and to a public sewer in each structure intended for human habitation in violationof Section 27-1 1(c)(2);

• Failure to provide and maintain in operating condition connections and pipes to supplypotable water at adequate pressure to a structure intended for human occupancy inviolation of Section 27-11 (c)(3);


• Failure to provide and maintain heating equipment in operating condition so that it iscapable of maintaining a minimum inside temperature of 68°F. From November 16through March 15 in each room of a structure intended for human occupancy in violationof Section 27-11 (c)(7);

• Failure to provide and maintain in operating condition, from April 1 through November1, refrigerated air equipment capable of maintaining a maximum inside temperature thatis 20 degrees lower than the outside temperature or 85°F, whichever is warmer, in eachroom of a structure intended for human occupancy in violation of Section 27-11 (c)(8);

• Failure to provide and maintain in operating condition electrical circuits sufficient tosafely carry a load imposed by nonnal use of appliances and fixtures in violation ofSection 27-11(c)(l1);


2603 MODREE AVE., DALLAS, TEXAS,• Failure to protect the exterior surfaces of the structure from decay in violation of Section

27-11(b)(1);• Failure to keep the structure in a water-tight and weather-tight condition in violation of

Section 27-11(b)(5);• There are holes, cracks, and loose surface materials that. are health or safety hazards in or

on floors, walls or ceilings in violation of Section 27-11(b)(9);• Failure to provide and maintain heating equipment in operating condition so that it is

capable of maintaining a minimum inside temperature of 68°F. From November 16through March 15 in each room of a structure intended for human occupancy in violationof Section 27-11(c)(7);

• Failure to provide and maintain in operating condition, from April 1 through November1, refrigerated air equipment capable of maintaining a maximum inside temperature thatis 20 degrees lower than the outside temperature or 85°F, whichever is wanner, in eachroom of a structure intended for human occupancy in violation of Section 27-1 1(c)(8);

• Failure to provide and maintain in operating condition electrical circuits sufficient tosafely canoy a load imposed by nonnal use of appliances and fixtures in violation ofSection 27-11(c)(l1);


3803 OCTAVIA ST., DALLAS, TEXAS• Failure to protect the exterior surfaces of the structure from decay in violation of Section

27-11(b)(l);• Failure to keep the structure in a water-tight and weather-tight condition in violation of

Section 27-l1(b)(5);• The floors, walls, ceilings and all supporting structural members are not in a sound

condition capable ofbearing imposed loads in violation of Section 27-11 (b)(6);• There are holes, cracks, and loose surface materials that are health or safety hazards in or

on floors, walls or ceilings in violation of Section 27-11(b)(9);

1231 IOWA AVE., DALLAS, TEXAS• There are holes, excavations, sharp protrusions, and other object or condition that exists

on the land that are reasonably capable of causing injury to a person in violation ofSection 27-11(a)(l);

• Failure to protect the exterior surfaces of the structure from decay in violation of Section27-l1(b)(l);


• The floors, walls, ceilings and all supporting structural members are not in a soundcondition capable of bearing imposed loads in violation of Section 27-11 (b)(6);

• There are holes, cracks, and loose surface materials that are health or safety hazards in oron floors, walls or ceilings in violation of Section 27-11 (b)(9);


• Failure to provide and maintain in operating condition a toilet connected to a watersource and to a public sewer in each stlucture intended for human habitation in violationof Section 27-11(c)(2);

• Failure to provide and maintain in operating condition connections and pipes to supplypotable water at adequate pressure to a structure intended for human occupancy inviolation of Section 27-1 1(c)(3);

• Failure to provide and maintain in operating condition a device to supply hot water of aminimum temperature of 120°F. within each structure intended for human habitation inviolation of Section 27-1 1(c)(4);

• Failure to provide and connect a kitchen sink, bathtub or shower, and lavatory to a coldand hot water source in each structure intended for human occupancy in violation ofSection 27-1 1(c)(5);

• Failure to connect plumbing fixtures and heating equipment that the owner supplies inaccordance with the Dallas Plumbing Code and Dallas Mechanical Code in violation ofSection 27-1 1(c)(6);

• Failure to provide and maintain heating equipment in operating condition so that it iscapable of maintaining a minimum inside temperature of 68°F. From November 16through March 15 in each room of a structure intended for human occupancy in violationof Section 27-11 (c)(7);


• Failure to provide and maintain in operating condition electrical circuits sufficient tosafely carry a load imposed by nonnal use of appliances and fixtures in violation ofSection 27-1 1(c)(l 1);


• No person shall suffer or permit any cellar, vault, drain pool, privy, sewer, yard, groundsor premises belonging to or controlled or occupied by him to become, from any cause,nauseous, foul, offensive or injurious to public health, or unpleasant and disagreeable toadjacent residents or persons in violation of Section 19-17;

1304 PENNSYLVANIA AVE., DALLAS, TEXAS,• There are holes, excavations, sharp protrusions, and other object or condition that exists



• There are holes, cracks, and loose surface materials that are health or safety hazards in oron floors, walls or ceilings in violation of Section 27-1 1(b)(9);



• Failure to provide and maintain in operating condition electrical circuits sufficient tosafely canoy a load imposed by nonnal use of appliances and fixtures in violation ofSection 27-11(c)(l1);

• Failure to provide a structure intended for human habitation with a screen for keeping outinsects at each opening of the structure if the structure is not cooled with refrigerated airin violation ofsection 27-11(d)(2);

• Failure to install single and multiple-station smoke alanns in a single family residence orduplex in the following locations: (l) in each sleeping room, (2) outside of each separatesleeping area in the vicinity of the bedrooms, (3) on each additional story of the dwellingincluding basements and cellars but not including crawl spaces and uninhabitable attics inviolation of Section R317.1 of the International Residential Code;

3737 GUARANTY ST., DALLAS, TEXAS• There are holes, excavations, sharp protrusions, and other object or condition that exists



• Failure to provide and maintain in operating condition a toilet connected to a watersource and to a public sewer in each structure intended for human habitation in violationof Section 27-11(c)(2);

• Failure to provide and maintain in operating condition connections and pipes to supplypotable water at adequate pressure to a structure intended for human occupancy inviolation of Section 27-11 (c)(3);



• Failure to provide and maintain in operating condition, from April 1 through November1, refrigerated air equipment capable of maintaining a maximum inside temperature that

is 20 degrees lower than the outside temperature or 85°F, whichever is warmer, in eachroom ofa structure intended for human occupancy in violation of Section 27-11(c)(8);


• No person shall suffer or permit any cellar, vault, drain pool, privy, sewer, yard, groundsor premises belonging to or controlled or occupied by him to become, from any cause,nauseous, foul, offensive or injurious to public health, or unpleasant and disagreeable toadjacent residents or persons in violation of Section 19-17;

• Failure to obtain a pennit from the building official before erecting, constructing,enlarging, adding to, altering, repairing, moving, improving, removing, installing,converting, demolishing, equipping, using, occupying, or maintaining a structure orbuilding, service equipment, or causing same to be done in violation of Section 52301.1.1.

Code Violations at Non-Defendant Properties

1209 EAST 9TH STREET, DALLAS, TEXAS,• There are holes, excavations, sharp protmsions, and other object or condition that exists

on the land that are reasonably capable of causing injury to a person in violation ofSection 27-II(a)(l);

• Failure to protect the extelior surfaces of the stmcture from decay in violation of Section27-1 1(b)(l);

• Failure to keep the stmcture in a water-tight and weather-tight condition in violation ofSection 27-II(b)(5);

• There are holes, cracks, and loose surface materials that are health or safety hazards in oron floors, walls or ceilings in violation of Section 27-1 1(b)(9);

• Failure to maintain a fence so that it is not out of vertical alignment more than one footfrom vertical, measured at the top of the fence, for a fence over four feet high, or morethan six inches from the veliical, measured at the top of the fence, for a fence not morethan four feet high in violation of SeCtion 27-1 1(b)(IO)(A);

• Failure to provide and maintain heating equipment in operating condition so that it iscapable of maintaining a minimum inside temperature of 68°F. From November 16tlu'ough March 15 in each room of a stmcture intended for human occupancy in violationof Section 27-1 1(c)(7);

• Failure to provide and maintain in operating condition, from April 1 through November1, refrigerated air equipment capable of maintaining a maximum inside temperature thatis 20 degrees lower than the outside temperature or 85°F, whichever is wanner, in eachroom ofa stmcture intended for human occupancy in violation of Section 27-II(c)(8);

• Failure to provide and maintain in operating condition electrical circuits sufficient tosafely carry a load imposed by nonnal use of appliances and fixtures in violation ofSection 27-1 1(c) (1 1);

• Failure to provide a stmcture intended for human habitation with a screen for keeping outinsects at each opening of the stmcture if the stmcture is not cooled with refrigerated airin violation of section 27-1 1(d)(2);

• No person shall suffer or pennit any cellar, vault, drain pool, privy, sewer, yard, groundsor premises belonging to or controlled or occupied by him to become, from any cause,nauseous, foul, offensive or injurious to public health, or unpleasant and disagreeable toadjacent residents or persons in violation of Section 19-17;

• There are accumulations of bricks and lumber that may be used as a harborage by rats,which are not elevated at least 18 inches above ground in violation of Section 40-4;

• There are accumulations of litter that are not in authorized private receptacles forcollection in violation of Section 7A-18;

2710 DATHE ST., DALLAS, TEXAS• There are holes, excavations, sharp protmsions, and other object or condition that exists

on the land that are reasonably capable of causing injury to a person in violation ofSection 27-1 1(a)(l);

• Failure to protect the exterior surfaces of the stmcture fr'om decay in violation of Section27-11(b)(l);


• The floors, walls, ceilings and all supporting structural members are not in a soundcondition capable ofbearing imposed loads in violation of Section 27-11(b)(6);


• Failure to provide and maintain in operating condition connections to discharge sewagefrom a structure or land into a public sewer system in violation of Section 27-11(c)(l);

• Failure to provide and maintain in operating condition a toilet connected to a watersource and to a public sewer in each structure intended for human habitation in violationof Section 27-11(c)(2);




• Failure to provide and maintain in operating condition, :from April 1 through November1, refrigerated air equipment capable of maintaining a maximum inside temperature thatis 20 degrees lower than the outside temperature or 85°F, whichever is Walmer, in eachroom of a structure intended for human occupancy in violation of Section 27-11 (c)(8);

• Failure to provide and maintain in operating condition electlical circuits sufficient tosafely carry a load imposed by normal use of appliances and fixtures in violation ofSection 27-11(c)(l1);


• Failure to maintain the interior of a structure or vacant portion of a structure :free :fromrubbish and garbage in violation of Section 27-11 (d)(3);

• No person shall suffer or pennit any cellar, vault, drain pool, privy, sewer, yard, groundsor premises belonging to or controlled or occupied by him to become, :from any cause,nauseous, foul, offensive or injurious to public health, or unpleasant and disagreeable toadjacent residents or persons in violation of Section 19-17;

3703 TORONTO ST., DALLAS, TEXAS,• There are holes, excavations, sharp protrusions, and other object or condition that exists




• The floors, walls, ceilings and all supporting structural members are not in a soundcondition capable ofbearing imposed loads in violation of Section 27-11(b)(6);


• Failure to provide and maintain in operating condition connections to discharge sewagefrom a structure or land into a public sewer system in violation of Section 27-1 l(c)(l);

• Failure to provide and maintain in operating condition a toilet cOlUlected to a watersource and to a public sewer in each structure intended for human habitation in violationof Section 27-1 1(c)(2);



• Failure to provide and maintain heating equipment in operating condition so that it iscapable of maintaining a minimum inside temperature of 68°F. From November 16tIu'ough March 15 in each room of a structure intended for human occupancy in violationof Section 27-1 1(c)(7);

• Failure to provide and maintain in operating condition, £i'om April 1 through November1, re£iigerated air equipment capable of maintaining a maximum inside temperature thatis 20 degrees lower than the outside temperature or 85°F, whichever is wanner, in eachroom of a structure intended for human occupancy in violation of Section 27-1 1(c)(8);


• No person shall suffer or pennit any cellar, vault, drain pool, privy, sewer, yard, groundsor premises belonging to or controlled or occupied by him to become, from any cause,nauseous, foul, offensive or injurious to public health, or unpleasant and disagreeable toadjacent residents or persons in violation of Section 19-17

§ 27-5.2 Minimum Urban Rehabilitation Standards § 21-11

written notice or citation issued by the director or acourt order.

(b) It is a defense to prosecution underSubsection (a) that:

(1) rent was increased pursuant to anescalation clause in a written lease which providedfor changes in costs of utilities, taxes, and insurance;

(2) rent was increased, services werereduced, or notices to vacate were issued as part of apat tern of rent increases, service reductions, orevictions for an entire multidwelling project;

(3) the tenant was delinquent in rentwhen the landlord gave notice to vacate or tiled anevie tion action;

(4) the tenant was responsible for orcaused a violation of this chapter that existed onproperty occupied by the tenant;

(5) the tenant's written lease fixing therent, services, or term of occupancy had expired,unless, at the lime an action described in Subsection(a)(l), (2), or (3)- occurred, a violation of this chapterthat 'Was reasonably dangerous to the physicaJhealth or safety of the tenant or another personexisted on property occupied by the tenant;

(6) the tenant holds over after givingnotice of tennlnation or intent to vacate;

(7) the tenant holds over after thelandlord gives notice of termination at the end of therental term and, at the time the notice of terminationwas given, the landlord or the landlord's agent hadnot rece ived actual notice that a valid complaint hadbeen .filed with the city complaining of violations ofthis chapter on property occupied by the tenant;

(8) before filing a complaint with thecity c«:lrrtplaining of a violation of this chapter onprope.rty occupied by the tenant, other than aviolation that is reasonably dangerous to thephysic-a! health or safety of the tenant or anotherperson, the tenant fails to comply with a writtenlease p ro"Vision:' requinng the tenant to:

(A) notify the landlord or thelandlord's agent, in writing. of the violation; and

(B) allow the landlord 15 days tocorred the violation; or

(9) the landlord proves that the rentincrease, service reduction, or attempted eviction wasfor good cause and not for purposes of retaliationagainst the tenant.

(c) An offense under this section may beprosecuted upon the filing of a written complaint bythe tenant with the city attorney. (Ord. Nos. 20017;26455)

SEC. 21·6. RESERVED.(Repealed by Ord. 26455)

SEC. 27-1. RESERVED.(Repealed by Ord. 26455)

SEC. 21·8.· RESERVED.(Repealed by Ord. 26455)



ARTICLBIIL

MIN1MUM STANDARDS.

SEC. 21·11. MINIMUM STANDARDS;RESPONSIBIUTlES OF OWNER.

(a) Property standards. An owner shaU:

(1) eliminate a hole, excavation, sharpprotrusion, and any other object or. condition thatexists on the land and Is reasonably capable ofcausing injury to a person;

(2) securely cover or dose a well,cesspool, or cistern;

7/08Dallas City Code

7

§ 27·11 Minimum Urban Rehabilitation Standards § 27·11

(3) provide solid waste receptacles Orcontainers when required by Chapter 18 of this code;

(4) provide drainage to preventstanding water and flooding on the land;

(5) remove dead trees and tree limbsthat are' reasonably capable of causing injury toaperson; and

. (6) keep the doors and windows of avacant structure or vacant portion of a structureseCl.uely dosed to prevent unauthorized entry.

(b) Structural standards. An owner shall:

(1) protect the exterior surfaces of astructure that are subject to decay by application ofpaint or other coating;

-' (2) fill hollow, masonry supportingpiers, if used, with concrete and anchor the piers toconcrete footings with a 5/8 inch steel dowel;

(3) provide and maintain railings forstairs, steps, balconies, porches, and elsewhere asspecified in the Dallas Building Code;

(4) repair holes, cracks, and otherdefects reasonably capable 01 causing injury to aperson in stairs, porches, steps, and balconies;

(5) maintain a structure intended forhuman occupancy and a structure used as an accessoryto a structure intended for human occupancy In aweather-tight and water-tight condition;

(6) maintain floors, walls, ceilings, andall supporting structural members in a soundconditicn, capable of bearing imposed loads safely;

(7) provide cross-ventilation of not lessthan 1-112 square feet for each 25 lineal feet of wallin each basement, cellar, and crawl space;

(8) repair or replace chimney flue andvent attachments that do not function properly:

(9) repair holes, cracks, breaks, andloose surface materials that are health or safetyhazar~s in or on floors, walls, and ceilings; and

(10) maintain any fence on the propertyin compliance with the following standards:

(A) maintain a fence so that it isnot out of vertical alignment more than one foot fromthe vertical, measured at the top of the fence, for afence over four feet high, or more than six inches fromthe vertical, measured at the· top of the fence, for afence not more than four feet high, except that this .provision does not apply to a masonry wall unless thewall encloses:

.(1) a multi-tenant property:or

(Ii) a single-family or duplexproperty where the wall Is not shared with anotherproperty:

(B) repair 01' replace rotted, firedamaged, or broken wooden slab and support posts;

(C) repair or replace broken or bentmetal posts and tom, cut, bent, or ripped metal fencingmaterials; and

(D) repair or replace loose bricks,stones, rocks, mortar, and similar materials on anymasonry wall that encloses:

(i) . a multi-tenant property;or

(il) a single-family or duplexproperty where the wall is not shared with anotherproperty.

(c) Utility standards. An owner shall:

(1) prOVide and maintain in operatingcondition connections t~ discharge sewage from astructure or land into a public sewer system whereavailable:

(2) provide and maintain in operatingcondition a toilet connected to a water SOUlce and to apublic sewer, where available, in each structureintended for human habitation;

(3) provide and maintain in operatingcondition connections and pipes to supply potablewater at adequate pressure to a structure intended forhuman occupancy;

8Dallas City Code

7/08

§ 27-11 Minimum Urban Rehabilitation Standards § 27-11

(4) provide and maintain in operating. condition a device to supply hot water of a minimum

temperature of 120·F. within each structure intendedfor human habitation;

(S) provide and connect a kitchen sink,bathtub or shower, and lavatory to a cold and hotwater source in each structure intended for humanhabitation;

(6) connect plumbing fixtures andheating equipment that the owner supplies inaccordance with the Dallas Plumbing Code andDallas Mechanical Code:

(7} provide and maintain heatingequipment in operating condition so that it is capableof maintaining a minimwn inside temperature of 68"P.frOIrl November 16 through March 15 in each room of astructure intended for human occupancy;

(8) if screens are not provid~d asrequired in Subsection (d)(2), provide and maintain inoperating condition, from April I through November1, re.trigerated air equipment capable of maintaininga maximum inside temperature that is 20 degreeslower than the outside temperature or 8S"F.,whichever is warmer, in each room of a structureintended for human occupancy;

(9) provide and maintain in operatingcondition 'supply lines for electrical service to eachstructure intended for human occupancy if electricalservice is available within 300 feet;

(IO) connect each heating and cookingdevice that bums solid fuel to a chimney or flue; and

(11) provide and maintain in operatingconditi(m electrical circuits and outlets sufficient tosafely carry a load imposed by normal use ofappliances and fixtures.

(d) Health standards. An owner shall:

(1) eliminate rodents and vermin in or onthe JU1d;

(2) prOVide a structure intended forhuman .11abitation with a screen for keeping outinsects at: each opening of the structure if the structurei5 not co<>!ed with refrigerated air;

(3) maintain the interior of a vacantstructure or vacant portion of a structure free fromrubbish and sullage; and

(4) keep the interior of a structure freefrom insects, rodents, and vermin, except as specifiedin Section 27-12(b).

(e) Security standards. An owner or operatorof a multifamily property, other than one exemptfrom registration undet Section 27-30(b)(2) of thischapter, shall:

(1) provide and maintain securitydevices in each dwelling unit as required by Sections92.153,92.154, and 92.155 of the Texas Property Code,as amended; and

(2) if the multifamily property has 20or more dwelling units, provide security lighting thatadequately illuminates all parking areas,walkways, stairs and steps, doorways, and garbagestorage areas so tha~ persons moving in or aroundthose areas can be easily seen.

(f) It is a defense to prosecution underSubsection (a) .of this section that the premisesconcemed is the site of new construction andreasonable and contlnl,lous progress Is being made tocomplete the construction.

(g) It is a defense to prosecution underSubsection (d)(4) of this section that the structure wastreated to eliminate insects, rodents, and vermin by aperson licensed under the Texas Structural PestControl Act once within the preceding six months.

(h) An owner shall provide a tenant withalternative housing that meets the minimumstandaxds required by this section when:

(1) after being issued a notice or dtationfor violation of Subsection (c)(7) of this section, theowner fails to repair heating equipment within nhours after receiving such notice or citation and theovernight low temperature, as measured by theNational Weather Service at Dallas Love Field, isbelow 40·F. for tht:ee conset:Utive days aiter receivingsuch notice or citation; or

(2) alter being issued a notice or citationfor violation of Subsection (c)(8) of this section, the


9

§ 19-11 Health and Sanitation § 19-17

No person shall throw any article, trash, filth,slop or anything else, whatever, from the roof orupper story, or window of ahouse, upon the house orpremises of another or upon any street or sidewalk.(Code 1941; Art. 87-4)

assessment shall be paid which time shall not belonger than 30 days from the date of the making ofthe assessment. Such assessment shall bear interestat the rate of 10 percent per annum from the date ofmaking the same. Any number of assessments againstdifferent pieces of property may be levied in one andthe same ordinance. (Code 1941, Art. 86-53)

SEC. 19-14. TRASH, ETC., NOT TO BETHROWN FROM HOUSES.

SEC. 19-12. SAME - SAME - PRIORITYOF ASSESSMENT LIEN;ENFORCEMENT,

SEC. 19-15. THROWING TRASH UPONPUBLIC PLACES PROHIBITED.

No person shall throw, or permit anyone in hisemploy to throw upon any public place, any animal orvegetable substance whatever, or any tin, rock, brickor broken concrete, glass, glass bottle, nails, tacks,wire, cans, pieces of iron or any other substance likelyto injure any person, animal or vehicle upon anypublic place. (Code 1941, Art. 86-61)

The amount assessed under the terms of thisarticle against any property or owner thereof shall besecured by a privilege lien upon the property to secure .the expenditure so made. Such liens shall be secondonly to tax liens and liens for street improvements,and such assessment shall constitute a personalliability against the owner of the property in favorof the city. Such liens and liability may be enforcedby suit in any court having jurisdiction and theassessment aforesaid or a certified copy thereof shallbe prima:;facie evidence of the amount expended inany such 'work or improvement. (Code 1941, Art.86-54);';

SEC. 19-16. DEPARTING TENANTSREQUIRED TO LEAVEBUILDING AND PREMISESCLEAN AND SANITARY.

Any person having any interest in any propertyagainst which any assessment shall have been madeor levied under the provisions of this article shallhave the right to contest the assessment or thevalidity thereof, or the regularity of any proceedingwith reference to the assessment, or the specialbenefits received by the owner of such property, byfiling suit in any court having competent jurisdictionthereof, in which suit the city shall be defended;provided, that such suit shall be brought within 10days from the date of the passage of the ordinancelevying such assessment against such property and ifnot so brought, then the owner or other person havingan interest in the property shall thereafter be barredand estopped to question the validity of suchproceedings, assessment, liability and lien therebyfixed. This bar and estoppel shall apply to theheirs, assigns, successors and legal representatives ofsuch person. (Code 1941, Art. 86-55)

No person shall suffer or permit any cellar,vault, drain, pool, privy, sewer, yard, grounds orpremises belonging to or controlled or occupied by himto become, from any cause, nauseous, foul, offensive or .injurious to the public health, or unpleasant anddisagreeable to adjacent residents or persons. (Code1941, Art 86-17)

Whenever any person now occupying or using orhereafter occupying or using any building or premisesin the city, improved or unimproved, whether such .person be the owner, lessee or tenant, or any othermanner occupying the same, shall remove from andvacate such building or premises, then it shall be theduty of such person so vacating or removing from suchbuilding or premises to immediately removetherefrom all loose paper, garbage, filth, rubbish andwaste matter of every kind and character and toplace the building so vacated and the premisesadjacent thereto or used in connection therewith in aclean and sanitary condition. (Code 1941, Art. 87-8)

SEC. 19-'13; SAME - SAME - CONTEST OFASSESSMENT; BAR.

SEC. 19-17. UNWHOLESOME PREMISES GENERALLY.


7

SUBCHAPTER 3PERMITS AND INSPECTIONS

SECTION 301PERMITS

301.1 Permits required.

301.1.1 General. A person, fIrm, or corporation shall not, without first obtaining a permitfrom the building official:

1. erect, construct, enlarge, add to, alter, repair, replace, move, improve, remove, install,convert, demolish, equip, use, occupy, or maintain a structure or building serviceequipment;

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 bedone. (Ord.26029)

301.1.2 Barricade permit require«;l. No building construction or demolition activity,including but not limited to equipment usage, deliveries, on and off loading of materials andstorage of materials, supplies, or debris, shall be done on public property or within a publicway, except as authorized by a barricade permit issued by the building official. A barricadepermit is also required for any temporary or part-day blocking of a street or sidewalk. Theissuance of a barricade permit requires the repair or replacement of any public street, curb,sidewalk, drainage structure, or boulevard landscaping located within the barricaded area, orotherwise damaged during construction or demolition, to equal or better condition than thatprior to the start of construction or demolition activities. (Ord. 26029)

301.1.3 Proper permits. The owner, agent, or lessee of a structure has the duty to ensurethat permits are obtained by properly qualified persons before work is started, and the owner,owner's agent, or lessee shall be subject to the penalties provided in this chapter for failure toobtain a proper permit. (Ord. 26029)

301.1.4 Permit issued to another person, firm, or corporation. A person, firm, orcorporation shall not do work by authority of a pennit issued to another person, firm, orcorporation, except under direct supervision of the person, finn, or corporation to whom thepermit was issued. (Ord. 26029)

301.1.5 Obtaining a permit for another person, firm, or corporation. A person, firm, orcorporation shall not obtain a pennit for use by another person, firm, or corporation. (Ord.26029)

Chapter 52, Administrative Procedures for the Construction Codes (current through 1/12/11) - Page 18

Anti-Litter Regulations

(c) It is a defense to prosecution underSubsection (a) of this section that the notice, poster,paper, or device was posted or affixed in a mannerand location authorized or required by another cityordinance or by state or federal law. (Ord. Nos. 10371;23632)

A person commits an offense if he throws ordeposits litter on any occupied private premisesw~th.in the city, whether owned by the person or not,or in or on any gutter, parkway, sidewalk, or alleyadjacent to the private premises; except, that theowner, occupant, or person in control of privatepremises may maintain authorized privatereceptacles for collection in such a manner that litterwill be prevented from being carried or deposited bythe elements upon any street, gutter, parkway,sidewalk, alley, or other public place or upon anyprivate premises. (Ord. Nos. 10371; 20599)

§ 7A-19.1

SEC.7A·19.1. ClTYREMOVALOFUTTERFROM PRIVATE PREl\.fiSES;NOTICE REQUl;RED.

(c) If personal service to the owner cannot beobtained, then the owner may be notified by:

(1) publication at least once in theofficial newspaper adopted by the city council;

(b) Before having the litter removed, thedirector ~ust notify the owner of the premises to bringthe premises into compliance with Section 7A-ISwithin seven days. The notice must be in writing andmay be served by handing it to the owner in pe~onorby sending it United States regular mail, addressed tothe owner at the owner's address as.recorded in theappraisal district records of the appraisal district inwhich the premises are located.

(a) Upon the failure of the owner, occupant, orperson in control of private premises to comply withSection 7A-18 of this chapter, the director shallhave the litter removed from the premises;

THROWING OR DEPOSITINGLI1TER ON PRIVATE PREMISES.

SEC.7A-17.

An owner, occupant, or person in control ofprivate premises commits an offense if he places,deposits, or throws; permits to accumulate; or permitsor causes to be placed, deposited, or thrown, any litteron the premises or in or on any gutter or parkwayadjacent to the premises or on one-half of that portionof an alley adjacent to the premises, unless the litterhas been deposited in an authorized privatereceptacle for collection. (Ord. Nos. 10371; 13804;20599)

SEC- 7A-18. DUTY TO MAINTAIN PREMISESFREE FROM UTTER.

(2) posting the notice on or near the frontdoor of each building on the premises to which theviolation relates; or

(3) posting the notice on a placardattached to a stake driven into the ground on thepremises to which th~ violation relates.

(d) If the director mails a notice to a propertyowner in accordance with Subsection (b) and theUnited States Postal Service returns the notice as"refused" or "unclaimed," the validity of the noticeis not affected, and the notice is considered asdelivered.

A person commits an offense if he throws ordeposits litter on any open or vacant private propertywithin the city, whether owned by the person or not,or in or on any gutter, parkway, sidewalk, or alleyadjacent to the private property. (Ord. Nos. 10371;2059~)

SEC. 7A-19. DEPOSITING LITTER ONVACANT LOTS PROHIBITED.

(e) In a notice provided under this section. thedirector may, by regular mail and by a posting on theproperty, inform the owner of the property on whichthe violation exists that, if the owner commitsanother violation of the same kind or nature thatposes a danger to the public health and safety on orbefore the first anniversary of the date of the notice,the city may, without further notice, correct theviolation at the owner's expense and then assess theexpense against the property. If a violation coveredby a notice under this subsection occurs within the

31MDallas City Code

5

. .,.

§ 40-2 Rat Control § 40-7

It shall be unlawful for any person to dump orplace on any land or on any water or waterwaywithin the city any dead animal, butchers' offal,seafood or any waste vegetables, animal matter orany food products whatsoever.

offered for sale, on racks, stands, platforms and invehicles outside of business buildings, shall havefloors paved with concrete or asphalt for the entiresurface area of the market. Display racks, stands orplatforms on which fruit or vegetables or any otherfood products are displayed or offered for sale shallbe of sufficient height that all such fruit, vegetablesor other food products shall be kept at a distance ofnot less than 18 inches above the floor pavement andbe so constructed that rats cannot harbor therein orthereunder. (Ord. 7847) .

SEC. 40-3. DUMPING, ETC., GARBAGE, ETC.,ON LAND OR WATER.

by this chapter and that such materials were notavailable, is guilty of an offense.

(b) An offense under this chapter ispunishable by a fine of not more than $2,000 and, upona first conviction of a violation of Section 40-4 of thischapter, not less than $200.

(c) The minimum fine established inSubsection (b) shall be doubled for the secondconviction of the same offense within any 24-monthperiod and trebled for the third and subsequentconvictions of the same offense within any 24-monthperiod. At no time shall the minimum fine exceed themaximum fine established in Subsection (b).(Ord. Nos. 7847; 19963; 20599)

ARTICLE II.

BUSINESS BUILDINGS.

No garbage, rubbish, waste or manure shall beplaced, left, dumped or permitted to accumulate orremain in any building or premises in the city so thatsame shall or may afford food for or a harboring orbreeding place for rats. Rat burrows and otherexterior harborage shall be treated under methodsdirected by the director of public health. (Ord.7847)

It shall be unlawful for any person to constructwithin the corporate limits of the city any businessbuilding, curb or farmers' m<:lrket, unless suchconstruction shall render the business buildingratproof in accordance with the regulationsprescribed by this chapter. (Ord. 7847)

(a) Any person who violates any provision ofthis chapter, except where it is shown that theperson has endeavored to obtain the necessarymaterials required to ratproof the buildings covered

• It shall be unlawful for any person to permitany premises, improved or unimproved, and all openlots and alleys in the city, to accumulate lumber,boxes, barrels, bricks or stones and similar materialsthat may be permitted to remain thereon and thatmay be used as a harborage by rats, unless same shallbe placed on open racks and elevated not less than 18inches above the ground, with a clear interveningspace underneath, to prevent the harborage of rats.(Ord.7847)

The director of public health of the city, or hisrepresentative, is authorized to make frequent andunannounced inspections of existing business buildingswithin the corporate limits of the city for thepurpose of determining any rat infestation, and orderby written notice either the owner, occupant, agent orany other person in custody of any rat-infestedbusiness building to protect such business building byrat-stoppage as herein prOVided, regardless of theneed for the remodeling of or repairs to such businessbuildings, and further order that such other ratcontrol methods be employed as may be deemednecessary by the director of public health or his

SEC. 40-4.

SEC. 40-5.

ACCUMULATION OF LUMBER,BOXES, ETC•

PENALTY.

SEC. 40-6.

SEC. 40-7.

CONSTRUCTION OF BUILDINGSTO CONFORM TO CHAPTER.

INSPECTIONS TO DETERMINERAT INFESTATION; ORDER TOPROTECf AGAINSTINFESTATION.

Dallas City Code2

I

3.3. 3/s-inch (9.5 mm) particleboard;

304. 1/4-inch (6.4 mm) hardboard;

3.5. 3/s-inch (9.5 mm) gypsum board; or

3.6. Corrosion-resistant steel having a base metalthickness of 0.016 inch (00406 mm).

The above ignition barrier is not required where thefoam plastic insulation has been tested in accordance withSection R316.6.

R316.5.5 Foam-filled exterior doors. Foam-filled exterior doors are exempt from the requirements of SectionsR316.3 and R316.4.

R316.5.6 Foam-filled garage doors. Foam-filled garagedoors in attached or detached garages are exempt from therequirements of Sections R316.3 and R31604.

R316.5.7 Foam backer board. The thermal barrier specified in Section R316.4 is not required where siding backerboard foam plastic insulation has a maximum thickness of0.5 inch (12.7 mm) and a potential heat of not more than2000 Btu per square foot (22 720 kJ/m2

) when tested inaccordance with NFPA 259 provided that:

1. The foam plastic insulation is separated from theinterior of the building by not less than 2 inches (51mm) of mineral fiber insulation;

2. The foam plastic insulation is installed over existingexterior wall finish in conjunction with re-siding; or

3. The foam plastic insulation has been tested in accor-dance with Section R316.6.

R316.5.8 Re-siding. The thermal barrier specified in Section R316.4 is not required where the foam plastic insulation is installed over existing exterior wall finish inconjunction with re-siding provided the foam plastic has amaximum thickness of 0.5 inch (12.7 mm) and a potentialheat of not more than 2000 Btu per square foot (22 720 kJ/m 2

) when tested in accordance with NFPA 259.

R316.5.9 Interior trim. The thermal barrier specified inSection R31604 is not required for exposed foam plasticinterior trim, provided all of the following are met:

1. The minimum density is 20 pounds per cubic foot(320 kg/m3

).

2. The maximum thickness of the trim is 0.5 inch (12.7mm) and the maximum width is 8 inches (204 mm).

3. The interior trim shall not constitute more than 10percent of the aggregate wall and ceiling area of anyroom or space.

4. The flame spread index does not exceed 75 whentested per ASTM E 84 or VL 723. The smoke-developed index is not limited.

R316.5.10 Interior finish. Foam plastics shall be permitted as interior finish where approved in accordance withSection R316.6 Foam plastics that are used as interior finish shall also meet the flame spread index and smokedeveloped index requirements of Sections R302.9.1 andR302.9.2.

2012 INTERNATIONAL RESIDENTIAL CODE(\)

BUILDING PLANNING

R316.5.1l Sill plates and headers. Foam plastic shall bepermitted to be spray applied to a sill plate and headerwithout the thermal barrier specified in Section R316.4subject to all of the following:

1. The maximum thickness of the foam plastic shall be31

/ 4 inches (83 mm).

2. The density of the foam plastic shall be in the rangeof 0.5 to 2.0 pounds per cubic foot (8 to 32 kg/m3

).

3. The foam plastic shall have a flame spread index ofI25 or less and an accompanying smoke-developedindex of 450 or less when tested in accordance withASTM E 84 or VL 723.

R316.5.12 Sheathing. Foam plastic insulation used assheathing shall comply with Section R316.3 and SectionR31604. Where the foam plastic sheathing is exposed tothe attic space at a gable or kneewall, the provisions ofSection R316.5.3 shall apply.

R316.5.13 Floors. The thermal barrier specified in Section R31604 is not required to be installed on the walkingsurface of a structural floor system that contains foamplastic insulation when the foam plastic is covered by aminimum nominal 1/2-inch-thick (12.7 mm) wood structural panel or equivalent. The thermal barrier specified inSection R31604 is required on the underside of the structural floor system that contains foam plastic insulationwhen the underside of the structural floor system isexposed to the interior of the building.

R316.6 Specific approval. Foam plastic not meeting therequirements of Sections R316.3 through R316.5 shall bespecifically approved on the basis of one of the followingapproved tests: NFPA 286 with the acceptance criteria ofSection R302.9.4, FM4880, VL 1040, or VL 1715, or firetests related to actual end-use configurations. Approval shallbe based on the actual end use configuration and shall be performed on the finished foam plastic assembly in the maximum thickness intended for use. Assemblies tested shallinclude seams, joints and other typical details used in theinstallation of the assembly and shall be tested in the mannerintended for use.

R316.7 Termite damage. The use of foam plastics in areasof "very heavy" termite infestation probability shall be inaccordance with Section R318.4.

SECTION R317PROTECTION OF WOOD AND WOOD BASED

PRODUCTS AGAINST DECAYR317.1 Location required. Protection of wood and woodbased products from decay shall be provided in the followinglocations by the use of naturally durable wood or wood that ispreservative-treated in accordance with AWPA VI for thespecies, product, preservative and end use. Preservatives shallbe listed in Section 4 of AWPA VI.

1. Wood joists or the bottom of a wood structural floorwhen closer than 18 inches (457 mm) or wood girderswhen closer than 12 inches (305 mm) to the exposed

65

BUILDING PLANNING

ground in crawl spaces or unexcavated area locatedwithin the periphery of the building foundation.

2. All wood framing members that rest on concrete ormasonry exterior foundation walls and are less than 8inches (203 mm) from the exposed ground.

3. Sills and sleepers on a concrete or masonry slab that isin direct contact with the ground unless separated fromsuch slab by an impervious moisture barrier.

4. The ends of wood girders entering exterior masonry orconcrete walls having clearances of less than 1/2 inch(12.7 mm) on tops, sides and ends.

5. Wood siding, sheathing and wall framing on the exterior of a building having a clearance of less than 6inches (152 mm) from the ground or less than 2 inches(51 mm) measured vertically from concrete steps,porch slabs, patio slabs, and similar horizontal surfacesexposed to the weather.

6. Wood structural members supporting moisture-permeable floors or roofs that are exposed to the weather,such as concrete or masonry slabs, unless separatedfrom such floors or roofs by an impervious moisturebarrier.

7. Wood furring strips or other wood framing membersattached directly to the interior of exterior masonrywalls or concrete walls below grade except where anapproved vapor retarder is applied between the walland the furring strips or framing members.

R317.1.1 Field treatment. Field-cut ends, notches anddrilled holes of preservative-treated wood shall be treatedin the field in accordance with AWPA M4.

R317.1.2 Ground contact. All wood in contact with theground, embedded in concrete in direct contact with theground or embedded in concrete exposed to the weatherthat supports permanent structures intended for humanoccupancy shall be approved pressure-preservative-treatedwood suitable for ground contact use, except untreatedwood may be used where entirely below groundwaterlevel or continuously submerged in fresh water.

R317.1.3 Geographical areas. In geographical areaswhere experience has demonstrated a specific need,approved naturally durable or pressure-preservativetreated wood shall be used for those portions of woodmembers that form the structural supports of buildings,balconies, porches or similar permanent building appurtenances when those members are exposed to the weatherwithout adequate protection from a roof, eave, overhang orother covering that would prevent moisture or water accumulation on the surface or at joints between members.Depending on local experience, such members mayinclude:

1. Horizontal members such as girders, joists and decking.

2. Vertical members such as posts, poles and columns.

3. Both horizontal and vertical members.

66

R317.1.4 Wood columns. Wood columns shall beapproved wood of natural decay resistance or approvedpressure-preservative-treated wood.

Exceptions:

1. Columns exposed to the weather or in basementswhen supported by concrete piers or metal pedestals projecting 1 inch (25.4 mm) above a concretefloor or 6 inches (152 mm) above exposed earthand the earth is covered by an approved impervious moisture barrier.

2. Columns in enclosed crawl spaces or unexcavated areas located within the periphery of thebuilding when supported by a concrete pier ormetal pedestal at a height more than 8 inches(203 mm) from exposed earth and the earth iscovered by an impervious moisture barrier.

R317.1.5 Exposed glued-laminated timbers. The portions of glued-laminated timbers that form the structuralsupports of a building or other structure and are exposed toweather and not properly protected by a roof, eave or similar covering shall be pressure treated with preservative, orbe manufactured from naturally durable or preservativetreated wood.

R317.2 Quality mark. Lumber and plywood required to bepressure-preservative-treated in accordance with SectionR318.1 shall bear the quality mark of an approved inspectionagency that maintains continuing supervision, testing andinspection over the quality of the product and that has beenapproved by an accreditation body that complies with therequirements of the American Lumber Standard Committeetreated wood program.

R317.2.1 Required information. The required qualitymark on each piece of pressure-preservative-treated lumber or plywood shall contain the following information:

1. Identification of the treating plant.

2. Type of preservative.

3. The minimum preservative retention.

4. End use for which the product was treated.

5. Standard to which the product was treated.

6. Identity of the approved inspection agency.

7. The designation "Dry," if applicable.

Exception: Quality marks on lumber less than 1 inch(25.4 mm) nominal thickness, or lumber less than nominal 1 inch by 5 inches (25.4 mm by 127 mm) or 2inches by 4 inches (51 mm by 102 mm) or lumber 36inches (914 mm) or less in length shall be applied bystamping the faces of exterior pieces or by end labelingnot less than 25 percent of the pieces of a bundled unit.

R317.3 Fasteners and connectors in contact with preservative-treated and fire-retardant-treated wood. Fasteners,including nuts and washers, and connectors in contact withpreservative-treated wood and fire-retardant-treated woodshall be in accordance with this section. The coating weightsfor zinc-coated fasteners shall be in accordance with ASTMA 153.

2012 INTERNATIONAL RESIDENTIAL CODE®

Exhibit

Abatable Crime at Topletz Nuisance Properties

~tember 1, 2013 through October 29, 2015

2501 Bethurum Ave.

• 11 undercover Narcotics Drug Buys• 2 Narcotics Search Warrants executed on the Property• 2 arrests for the delivery, possession, manufacture, or use of controlled substances;• One incidence of murder.

Top1etz has owned this property for many years. It has been the subject of three previous SAFE cases in2003,2006, and 2007. While owned by Topletz, at least 4.1 grams of cocaine, 5.4 grams of heroin, and695.1 grams ofmarijuana have been seized at the property.In addition, four (4) other individuals have been arrested for outstanding warrant at this location.

2705 Pennsylvania Ave.

• 10 undercover Narcotics Drug Buys• 4 Narcotics Search Warrants executed on the Property• 3 arrests for the delivery, possession, manufacture, or use of controlled substances;• 1 incidence of found drug report.

Tllis is currently a SAFE property. A letter was sent to Topletz Investments on January 6, 2015, notifyingit of Code violations on the Property. Upon execution of an October 2014 search warrant, DPD found thehome heavily barricaded in a configuration typical of a "trap" house, and seized 1.9 grams of cocainepackaged individually for resale.In addition, four (4) other individuals have been arrested for outstanding warrant at this location.

1203 Strickland St.

• 3 undercover Narcotics Drug Buys• 1 Narcotics Search Warrant executed on the Property• 1arrest for the delivery, possession, manufacture, or use of controlled substances;• 1incident of aggravated assault as described by Section 22.02 of the Texas Penal Code

Upon execution of the search warrant in August 2015, DPD found the residence heavilybarricaded with metal cage doors, metal bars on the windows, and barnyard and Jamaica stylebarricades on the doors. Two surveillance cameras also monitored the front and rear of theresidence. As a result of the warrant, 69.5 grams of marijuana and 4.1 grams of cocaine wererecovered. This is currently a SAFE property. It was also a SAFE case in 2005, when 270grams of marijuana were seized from the property.

EXHIBIT

5

2603 Modree Ave.

• 2 undercover Narcotics Drug Buys• 1 Narcotics Search WatTant executed on the Property• 1 arrest for the delivery, possession, manufacture, or use of controlled substances• 1 incidence of found drug repoli

Topletz has owned this property for many years. It has been a SAFE case in 2001,2004,2006, and 2015.Under Topletz ownership, the following drugs have been seized from the property: 8.2 grams ofAlprazalam, 38.8 grams of cocaine, 1,266.09 grams of codeine, 2.8 grams of hydrocodone, 1,204.2 gramsof marijuana, and 2,544.55 grams of PCP.

3803 Octavia St.

• 2 undercover Narcotics Drug Buys• 1 Narcotics Search WatTant executed on the Property• 1 atTest for the delivery, possession, manufacture, or use of controlled substances.

As a result of the July 2015 search watTant, 108 grams of marijuana were recovered, appearing to bepackaged for redistribution.

1231 Iowa Ave.

• 2 undercover Narcotics Drug Buys• 1 Narcotics Search WalTant executed on the Property• 1 incident of found drug report.

As a result of the September 2015 search walTant, 16 grams of cocaine were recovered.In addition, one (1) other individual atTested for outstanding walTants at the location

1304 Pennsvlvania Ave.

• 1 Narcotics Search Wammt executed on the Property• 1 alTest for the delivery, possession, manufacture, or use of controlled substances• 3 incidences of found drug reports

In April, 2015, during the execution of a search walTant, 92.6 grams of cocaine and 258.4 grams ofmarijuana were seized from the house. The house was equipped 4 surveillance cameras with a live feedin the living room. One person alTested in the course of the execution of the search walTant described thehouse as a "stash house."

3737 Guaranty St.

• 3 undercover Narcotics Drug Buys• 2 Narcotics Search WalTant executed on the Property

• 4 an-ests for the delivery, possession, manufacture, or use of controlled substances• tan'est for unlawfully can-ying a weapon

As a result of the 2 search wan-ants executed in 2014, 4 guns, 3.9 grams of cocaine, and 6.5 grams ofmarijuana were seized from the property. In addition, one (l) other individual an-ested for outstandingwan-ants at the location

Other Recent Narcotics Warrants Executed at Topletz Rental Properties (Non-Defendants)

1209-1211 East 9th St.

• 2 undercover Narcotics Drug Buys• 1 Narcotics Search Warrant executed on the Property• 3 arrests for the delivery, possession, manufacture, or use of controlled substances

In the course of the execution of the search warrant in October 2014, DPD found the residence heavilybarricaded with cages and equipped with surveillance cameras. .7 grams of cocaine were seized, withsuspicion that suspects were able to destroy a large amount of cocaine before DPD made entry. Inaddition, three (3) other individual arrested for outstanding warrants at the location

2710 Dathe St.

• 2 undercover Narcotics Drug Buys• 1 Narcotics Search Warrant executed on the Property• 1 arrest for the delivery, possession, manufacture, or use of controlled substances

In October 2014,33.1 grams of cocaine and a handgun were seized as a result of the narcoticssearch warrant.

3703 Toronto St.


In a January, 2015 search warrant, 87.9 grams of codeine were seized. Because of the presenceof scales, packaging, and other paraphernalia that indicated a drug sales enterprise, DPD believesthat a drug sale enterprise was run out of the house, but that drugs may have been destroyed in acrock pot filled with hot boiling oil while police were attempting to gain entry to the house.

2730 Swanson St.


During the execution of an August 2014 search warrant, DPD found the home equipped with 8surveillance cameras throughout the exterior of the property. DPD seized 1.1 grams of cocaine and 8.5grams of marijuana. The drugs were individually packaged for resale.

2942 Ramsev Ave.

• 3 undercover Narcotics Drug Buys• 1Narcotics Search Warrant executed on the Property• 2 arrests for the delivery, possession, manufacture, or use of controlled substances

Upon execution of the search warrant in October 2014, DPD found the home equipped with 4surveillance cameras. A "buy room" was configured in the front of the house, which had a small slidingopening accessing the adjacent living room. DPD seized 32.1 grams of cocaine, 84.7 grams of marijuana,and 3.1 grams of alprazolam.

This property was a SAFE case in 1998 and 2004.

2447 Skylark Dr.

• 2 undercover Narcotics Drug Buys• 1 Narcotics Search Warrant executed on the Property• 1 arrest for the delivery, possession, manufacture, or use of controlled substances.As a result of the search warrant, 48.5 grams of marijuana, 1.2 grams of cocaine, and Hydrocodonepills were recovered.

As a result of the June 2015 search warrant, 1.2 grams of cocaine, 6.7 grams of hydrocodone, and 48.5grams of marijuana were seized.

In addition, one (1) other individual arrested for outstanding warrants at the location

620 Woodbine Ave.*

• 3 undercover Narcotics Drug Buys• 2 Narcotics Search Warrant executed on the Property• 3 arrests for the delivery, possession, manufacture, or use of controlled substances

This property was a SAFE case in 2003 and 2013. While under Topletz's ownership and/or control,101.7 grams of cocaine, 2.9 grams of ecstasy, 12.6 grams of heroin, 2,109.9 grams of marijuana, and 4handguns have been seized from the property.

*Topletz has owned 620 Woodbine for many years, but recently "sold" it to a tenant, though Topletzfinanced the sale and retained a lien on the Property. The property was in such poor condition that it wasreferred to the Urban Rehabilitation Docket for possible demolition, and the City brought suit against theproperty. In that lawsuit, the City's Inspector documented the demolition-worthy problems with thestructure on the property, but Topletz (specifically Lane Topletz) appeared to represent the property, andmade repairs to the Property (though some of the repairs required building permits, which Topletz failedto procure).

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City of Dallas Original Petition seeking reciever for Topletz Properties

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