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City of Houston accuses property developer KGM Properties HTX LLC of unauthorized construction

SOUTHEAST TEXAS RECORD

Thursday, November 21, 2024

City of Houston accuses property developer KGM Properties HTX LLC of unauthorized construction

State Court
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The City of Houston has filed a legal complaint against KGM Properties HTX, LLC, accusing the company of violating local building codes and deed restrictions. The lawsuit was filed on October 31, 2024, in the District Court of Harris County, Texas. The City alleges that KGM Properties is conducting unauthorized construction activities at a property located at 3760 Rio Vista Street in Houston.

According to the petition, the City of Houston contends that KGM Properties HTX, LLC has been carrying out construction without obtaining the necessary permits. This action allegedly violates deed restrictions that are currently in effect for the property in question. These restrictions include specific setback requirements from interior lot lines which KGM Properties is accused of breaching. The City's Department of Public Works discovered these violations during an inspection conducted by Senior Inspector Henry Tyler on September 11, 2024. Despite being issued a "Red Tag" notice to cease all unpermitted construction activities on the same day, further inspections revealed continued violations.

Inspector Tyler's follow-up visits on September 23, October 4, and October 9 confirmed ongoing unauthorized construction work despite repeated warnings and citations issued to KGM Properties. A formal measurement taken on October 14 found that new structures were built only seven feet four inches from an adjacent property's fence line, contravening the stipulated setback requirements.

In response to these findings, the City sent a notification letter to KGM Properties on October 15 regarding their non-compliance with deed restrictions as per Texas Local Government Code §54.017. Nevertheless, another inspection on October 28 showed continued construction activity at the site.

The City of Houston is seeking both temporary and permanent injunctions against KGM Properties HTX, LLC to halt any further construction until compliance with all relevant regulations is achieved. The petition argues that such measures are necessary due to imminent harm posed by these violations and asserts that no adequate remedy exists under current law without court intervention.

Additionally, should KGM fail to comply following receipt of notice about their infractions; they could face civil penalties amounting up to $1,000 per day for each day they remain non-compliant post-notification according to sections within Texas Local Government Code (TLGC) alongside applicable city ordinances.

Representing the plaintiff—the City—is Arturo G Michel serving as City Attorney along with Damon A Crenshaw acting as Section Chief for Neighborhood Services supported by Senior Assistant City Attorney Paul Barnes who can be contacted via email or phone provided within official documentation related this case identified under number:2024-76424 presided over within jurisdictional bounds established through Harris County’s127th Judicial District Court system framework.

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