Description

A new apartment complex is being built at 5310 Milwee Street, apparently by an entity named Ibiza Milwee Street Apartments LLC.

In mid June 2019 the contractor laid concrete driveways. The driveway in question (see photos) runs parallel to the driveway of Hidden Oaks Town Homes at 5218 Milwee St, within 2 to 3 feet of the property line with Hidden Oaks.

After laying the driveways the contractor started excavations for utilities for each of the three apartment buildings and dumped large quantities of earth from the excavations on the newly laid driveways (see photos). They appear to have intentionally blocked the storm drains in the driveways to prevent earth and other debris being washed into the drains. The drains form part of a storm water pollution prevention system which includes underground detention vaults under one of the driveways adjacent to Wainwright Elementary School.

The excavations were subsequently filled in and concrete slabs for the buildings were poured. However, a significant amount of earth was left on the driveways and has been spread around the entire site due to rain, wind and vehicle movement since the excavation in June.

Each time there is a rain storm the driveway closest to Hidden Oaks Town Homes becomes flooded and has overflowed into the Hidden Oaks Town Homes driveway on one occasion. (It is difficult to see the other driveways but they may also flood). This is for relatively minor storms. A major storm could clearly cause a major runoff of water into Hidden Oaks, potentially flooding homes.

In addition to the flooding problem, when the driveways dry, large amounts of dust are blown onto surrounding properties due to the constant construction activity, including Hidden Oaks Town Homes, Wainwright Elementary School, local businesses and also properties in the Mangum Manor neighbourhood, especially on Lamonte Lane.
The water accumulation, runoff and dust are in clear violation of building code. Houston Amendments to 2012 International building Codes states:

3302.2 Construction or demolishing privileges. Earth taken from excavations and materials or rubbish taken from buildings from day to day shall not be left upon the sidewalks or streets but shall be removed as rapidly as accumulated. When such materials are dry and likely to produce a dust when handled, they shall be kept moist so as to prevent the wind blowing the same about.

Materials and earth have not been removed and wind blown dust is almost constant, especially during working hours.

3304.1.6 Protection of adjacent property. When a lot or plot is graded to a higher or lower finished grade level than the natural grade on adjacent property, the owner of such lot or plot shall provide a retaining wall or walls on his/her own property, to protect the adjacent property from caving of earth. Approved protection shall be provided to protect the adjacent property from overflow of water.

The lot is graded to a higher level than Hidden Oaks Town Homes and no retaining wall has been provided to prevent the earth fill under the concrete driveway from washing into Hidden Oaks Town Homes. Nothing has been done to prevent overflow of water from the driveway onto Hidden Oaks Town Homes.

3304.2 Drainage. Whenever the surface of a lot or plot is excavated, filled or graded, catch basins or connected underdrains shall be installed to preclude the accumulation of surface water. Surface water shall not be drained onto adjacent property that is not in the same ownership without written permission from the owner of the adjacent property, and existing natural ground drainage of the ground area surrounding the lot or plot that is excavated, filled, or graded shall not be obstructed. No condition shall be created, nor any existing condition maintained, whereby there will be upon any lot or plot excavations, depressions, pits, holes, gullies or other depressions that may accumulate and retain surface water. Any such condition shall be promptly abated and protected by filling in or by providing drainage as set forth above.

Surface water clearly accumulates regularly because the drainage system has been intentionally blocked. The condition has not been abated.

3112.6 Drainage. All paved areas including, but not limited to, alleys, yards, courts and courtyards shall be drained into a storm sewer system where such systems are available; otherwise, they shall be drained to a place of disposal approved by the jurisdiction's Office of the City Engineer in the Department of Public Works and Engineering. For other than single family residential properties, storm water drainage shall not discharge or flow over any public sidewalk or adjoining property. When required by Chapter 9 of the IDM detention shall be required.

It appears that none of clause 3112.6 has been followed, since the drains are intentionally blocked.