Cause N0.

DC-l 8-1241 9

CITY 0F DALLAS, TEXAS § IN THE DISTRICT COURT

Plaintiff, §
§
v. §
§
RIDGECREST HOLDINGS, LLC, and §
400SOUTH WALTON WALKER § DALLAS COUNTY, TEXAS
BOULEVARD, DALLAS, §
DALLAS COUNTY, TEXAS, in rem §
Defendants. §
160‘“ JUDICIAL DISTRICT

TEMPORARY INJUNCTION
ON THIS DAY, came t0 be heard the City of Dallas’s Request for Temporary Injunction
against Defendants, Ridgecrest Holdings, LLC dba Ridgecrest Terrace Apartments and 400 S.

Walton Walker Boulevard, Dallas, Dallas County, Texas, in rem (collectively referred to herein as

“‘Defendants”). Plaintiff, the City 0f Dallas (the “City”) appeared before this Court. Defendants

were properly served with notice 0f this hearing and did appear. Upon considgration of the

pleadings, the evidence presented, and the arguments 0fthe parties, the Court finds good cause t0

enter this Temporary Injunction.

Further, the Court hereby finds the following:

The City of Dallas is a home-rule municipal corporation situated mainly in Dallas County,

Texas, incorporated and operating under the laws of the State of Texas.

Venue is proper and this Court has jurisdiction pursuant t0 Section 54.013 0f the Texas

Local Government Code and Section 125.002 0fthe Texas Civil Practice and Remedies Code.

Defendant, Ridgecrest Holdings, LLC, is a Domestic Limited Liability Company owning

and controlling the real property located at Blk 7665 Lot 8, commonly known as 400 S. Walton

Walker Boulevard, Dallas, Texas, also known as Ridgecrest Terrace Apartments (the “‘Property”).

Temporary Injunction l
 The Property consists ofan occupied multi-family apartment complex that is located in the

Southwest area of the City.

The following Violations 0fthe Dallas City Code exist 0r have existed 0n the Property:

Dallas CitV Code Chapter 27

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

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

construction codes, in violation of Section 27-1 1(b);

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

materials, any exposed metal 0r wood surfaces from the elements and against decay

or rust, in violation of Section 27-1 l(c)(7);

c. Failure t0 maintain building and structural materials, including wood, gypsum

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

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

and other metals, in operating condition, in violation 0f Section 27-1 1(d)(2);

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

hazards, in violation ofSection 27-1 l(d)(6);

e. Failure t0 maintain kitchen and bathroom countertops and backsplashes surrounding

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

in Violation 0f Section 27-1 1(d)(8);

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

0f Section 27-1 l(d)(9)(A):

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

condition, in violation of Section 27-1 1(d)(9)(C);

Temporary Injunction 2
 . Failure t0 repair, remove, or cover all peeling, chipping, flaking, 0r abraded paint, in

Violation ofSection 27-1 1(d)(9)(D);

Failure t0 repair all cracked 0r loose plaster, wood, or other defective surface

conditions, in violation 0f Section 27-1 1(d)(9)(E);

Failure t0 maintain all balconies, landings, porches, decks, and walkways in 0}.)erating

condition and securely fastened, in Violation of Section 27-1 1(d)(14)(A);

. Failure t0 provide, and maintain, in operating condition, heating facilities capable 0f

maintaining a room temperature of at least 15 degrees warmer than the outside

temperature, but in n0 event lower than 68° F. in each habitable room, in Violation of

Section 27-1 I(e)(2)(A)(i);

Failure t0 connect and maintain all plumbing fixtures in operating condition, in

violation 0f Section 27-1 1(f)(3)(C);

. Failure t0 keep all plumbing fixtures connected t0 a public sewer system or to

approved private sewage disposal system, in Violation 0f Section 27-1 l(f)(3)(F);

. Failure to cap each sewer clean-out opening with an approved plug, except When the

sewer line is being serviced, in violation OfSection 27-1 (0(3)(G);

l

. Failure t0 maintain all electrical equipment and materials in operating condition, in

violation of Section 27-1 l(g)(l);

. Failure t0 maintain electrical circuits and outlets sufficient t0 safely carry a load

imposed by normal use 0f appliances, equipment, and fixtures, and maintain them in

operating condition, in violation of Section 27-! l(g)(2);

. Failure t0 maintain all electric light fixtures located adjacent t0 exterior doors of all

buildings or structures in operating condition, in Violation 0f Section 27-1 1(g)(4);

Temporary Injunction 3
 r. Failure t0 use extension cords and flexible cords in accordance With the construction

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

1
I(g)(5);

s. Failure to maintain illumination 0f four foot-candles for exterior lighting 0n the

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

of Section 27-1 1(h)(1)(B);

t. Where evidence 0f an infestation exists, failure t0 eliminate the infestation using a

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

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

11(i)(1)(A);

u. Failure to provide written notice t0 the tenants at least 48 hours before taking steps

t0 eliminate the infestation, in Violation 0f Section 27—1 1(i)(1)(B) and (B)(i);

Chapters l8, l9, and 31 0fthe Dallas City Code:

v. Failure to not deposit, cause t0 be deposited, 0r permit to accumulate any dry 0r wet

solid waste upon any public or private premises Within the city in such a manner as

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

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

W. Failure to not suffer 0r permit any cellar, vault, drain, pool, privy, sewer, yard,

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

to the public health, 0r unpleasant and disagreeable t0 adjacent residents or persons,

in Violation 0f Section 19—1 7;

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

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

graffiti exists, unless the graffiti was created on the property with the owner’s consent

Temporary Injunction 4
 and does not violate the sign regulations 0fthe Dallas Development Code or any other

applicable city ordinance 0r state or federal law, in Violation 0f Section 31-38(b);

Dallas Development Code:

y. Failure t0 not place, store, or maintain outside for a period in excess of 24 hours, an

item which is not customarily used 0r stored outside, in Violation 0f Section

4.21 7(b)(6)(E)(i)(aa);

z. Failure t0 not place, store, 0r maintain outside for a period in excess 0f 24 hours, an

item which is not made 0f a material that is resistant to damage 0r deterioration from

exposure t0 the outside environment, in Violation 0f Section 4.2 7(b)(6)(E)(i)(bb);

1

Dallas Administrative Procedures for the Construction Code:

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

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

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

structure 0r building service equipment; axcavating 0r maintaining an excavation;

paving or grading 0n a property; causing such work or activity described above to be

done, in violation 0f Section 52-301.].1.

These provisions relate t0:

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

t0 construct a building 0r other structure 0r improvement, including the foundation,

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

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

structure 0r improvement;

c. dangerously damaged or deteriorated structures or improvements; 0r,

Temporary Injunction 5
 d. conditions caused by accumulation 0f refuse, vegetation, 0r other matter

that creates breeding and living places for insects and rodents.

This Temporary Injunction is necessary to protect the citizens 0f Dallas from a substantial

danger of injury 0r adverse health impact t0 persons 0r property other than that of Defendants’ as

a result 0f the above enumerated code Violations.

IT IS THEREFORE ORDERED pursuant t0 Sections 54.016 and 54.018 0f the Texas

Local Government Code that Defendants shall address the code violations 0n the Property as

follows:

a. On or before December 21, 2018, Defendant shall repair and maintain, in operating

condition, heating facilities capable of maintaining a room temperature 0f at least 15

degrees warmer than the outside temperature, but in n0 event lower than 68°F in each

habitable room, in accordance With Section 27-1 1(e)(2)(A)(i) ofthe Dallas City Code;

b. On 0r before December 21, 2018, Defendant shall repair and maintain all electric light

fixtures located adjacent t0 exterior doors 0f all buildings or structures in operating

condition, in accordance with Section 27-1 1(g)(4) ofthe Dallas City Code;

c. On 0r before December 21, 2018, Defendant shall provide and maintain illumination of

four foot-candles for exterior lighting on the premises, measured in accordance with the

Housing Standards Manual, in accordance with Section 27-] 1(h)(1)(B) 0fthe Dallas City

Code;

d. On or before Januafl 3, 20191 Defendant shall not deposit, cause to be deposited, 0r permit

t0 accumulate any dry 0r wet solid waste 0n the Property in such a manner as to emit

noxious or offensive odors or t0 become unsanitary or injurious to public health or safety,

in accordance with Section 18-50 0fthe Dallas City Code;

Temporary Injunction 6
 e. On or before Januafl 3, 2019, Defendant shall not suffer or permit any cellar, vault, drain,

p001, privy, sewer, yard, grounds 0r premises to become, from any cause, nauseous, foul,

offensive or injurious t0 the public health, 0r unpleasant and disagreeable t0 adjacent

residents 0r persons, in accordance with Section 19-1 7 of the Dallas City Code;

f. On or before Januafl 3, 20191 Defendant shall not place, store, or maintain outside for a

period in excess 0f 24 hours, an item which is not customarily used 0r stored outside, and

shall maintain any outdoor areas free from such items thereafter, in accordance with

Section 5 1 A-4.21 7(b)(6)(E)(i)(aa) 0f the Dallas City Code;

g. On or before Januafl 3, 2019, Defendant shall not placc, store, 0r maintain outside for a

period in excess of 24 hours, an item which is not made of a material that is resistant t0

damage or deterioration from exposure t0 the outside environment, and shall maintain any

outdoor areas free from such items thereafter, in accordance with Section 51A-

4.2 7(b)(6)(E)(i)(bb) 0fthe Dallas City Code;

1

h. On or before Februafl 3, 2019: Defendant shall repair and maintain all flooring in

operating condition, free from holes, cracks, decay, and trip hazards, in accordance with

Section 27-1 l(d)(6) ofthe Dallas City Code;

i. On 0r before Februag 3, 2019, Defendant shall repair and maintain all interior walls and

ceilings in each unit in operating condition, in accordance with Section 27-1 1(d)(9)(A) of

the Dallas City Code;

j. On or before Februafl 3, 2019, Defendant shall repair and maintain all interior surfaces,

including windows and doors, in operating condition, in accordance with Section 27-

1 1(d)(9)(C) ofthe Dallas City Code;

Temporary Injunction 7
 k. On 0r before Februafl 3, 2019, Defendant shall repair and maintain all cracked 0r loose

plaster, wood, or other defective surface conditions, in accordance with Section 27-

1 l(d)(9)(E) 0fthe Dallas City Code;

l. On or before March 6 2019 Defendant shall repair, remove, 0r cover all peeling,

chipping, flaking, or abraded paint inside each unit, in accordance With Section; 27-

1 l(d)(9)(D) 0fthe Dallas City Code;

m. On or before March 6, 2019, Defendant shall repair and maintain all electrical equipment

and materials in operating condition, in accordance With Section 27-1 1(g)(1) ofthe Dallas

City Code;

n. On or before March 6, 2019: Defendant shall repair and maintain electrical circuits and

outlets sufficient t0 safely carry a load imposed by normal use 0f appliances, equipment,

and fixtures, and maintain them in operating condition, in accordance With Section 27-

1
l(g)(2) ofthe Dallas City Code;

o. On 0r before March 6, 2019, Defendant shall only use extension cords and flexible cords

in accordance with the construction codes, and not as substitutes for permanent Wiring, in

accordance with Section 27-1 1(g)(5) ofthe Dallas City Code;

p. On or before April 3, 2019, Defendant shall repair and maintain kitchen and bathroom

countertops and backsplashes surrounding kitchen sinks and lavatory sinks in operating

condition, free 0f decay, rust, and rot, in accordance with Section 27-1 l(d)(8) ofthe Dallas

City Code;

q. On 0r before April 3, 2019, Defendant shall connect and maintain all plumbing fixtures in

operating condition, in accordance With Section 27-1 l(f)(3)(C) ofthe Dallas City Code;

Temporary Injunction 8
 r. On or before April 3, 2019, Defendant shall repair and maintain all plumbing fixtures

connected to a public sewer system 0r to approved private sewage disposal system, in

accordance With Section 27-1 1(f)(3)(F) 0fthe Dallas City Code;

s. On or before April 3, 2019, Defendant shall cap each sewer clean-out opening with an

approved plug, except when the sewer line is being serviced, in accordance with Section

27-1 1(f)(3)(G) ofthe Dallas City Code;

t. On 0r before May 5: 2019, Defendant shall protect, by periodic application of paint or

other weather—coating materials, any exposed metal or wood surfaces from the elements

and against decay 0r rust, in accordance with Section 27-1 1(c)(7) 0fthe Dallas City Code;

u. On 0r before May 5, 2019, Defendant shall repair, remove, or cover all peeling, chipping,

flaking, 0r abraded paint on any structure exterior, in accordance With Section 27-

] 1(d)(9)(D) 0fthe Dallas City Code;

v. On or before May 5, 2019, Defendant shall repair and maintain all building and structural

materials on the Property, including wood, gypsum products, glass, fiberglass, paper,

canvas, fabric plastic, vinyl, masonry, ceramic, plastic, brick, rock, stucco, slate, concrete,

asphalt, tin, copper, steel, iron, aluminum, and other metals, in operating condition, in

accordance With Section 27-1 I(d)(2) of the Dallas City Code;

W. On or before May 5, 2019, Defendant shall remove all graffiti from the property that is

Visible from any public property or right-of-way 0r from any private property other than

the prgperty on which the graffiti exists, unless the graffiti was created 0n the property with

the owner’s consent and does not violate the sign regulations 0f the Dallas Development

Code or any other applicable city ordinance or state or federal law, in accordance With

Section 3 l -38(b) ofthe Dallas City Code;

Temporary Injunction 9
 X. On 0r before June 3, 2019: Defendant shall repair and maintain all balconies, landings,

porches, decks, and walkways in operating condition and securely fastened, in accordance

with Section 27-1 1(d)(14)(A) 0fthe Dallas City Code;

y. On or before June 3, 2019, Defendant shall eliminate where evidence 0f an infestation

exists by using a person licensed under the Texas Structural Pest Control Act, as amended,

and repair any condition that contributes to that infestation, in accordance with Section 27-

1 l(i)(1)(A) 0fthe Dallas City Code;

IT IS FURTHER ORDERED that Defendants shall ensure that all necessary permits are

obtained prior to remedying or repairing the violations above, that the work is performed in a good

and workmanlike manner in accordance With Section 27-1 l(b) 0f the Dallas City Code, and that

the repairs are conducted, and the Property is maintained in accordaglce With the Dallas City Code

and all applicable codes and statutes.

IT IS FURTHER ORDERED that Defendants shall make the Property, including the

interior 0f the Property, available for inspection to determine compliance with this Temporary

Injunction at 9:30 a.m. 0n December 27, 2018; January 4, 2019; February 4, 2019; March 7,

2019; April 4, 2019; May 6, 2019; and June 4, 2019 unless otherwise agreed t0 in writing by the

parties hereto.

IT IS FURTHER ORDERED that the City, through its agents, may enter the Property

and inspect the exterior 0f the Property at any time with or without notice t0 Defendants.

IT IS FURTHER ORDERED that Defendants shall provide notice 0f this Temporary

Injunction t0 any subsequent holder, successor in interest, purchaser, 0r owner, and inform such

subsequent holder, successor in interest, purchaser, or owner that he or she shall be bound by the

terms and conditions contained within this Temporary Injunction.

N0 bond is required t0 be posted by Plaintiff, City of Dallas.

Temporary Injunction 10
 The Permanent Injunction Hearing and Full

18’ ,
2019 at i 2 DO am...
Trial 0n the Merits is

in the 160th Judicial District

set for
w? _,

Court 0f Dallas

County, Texas.

Signedthis \ldayof

m m MM
IQQL. ,2018.

PRESIDIN@DGE ‘)
K.

1 1
Temporary Injunction