HomeMy WebLinkAboutO-1992-1823
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ORDINANCE NO.
/;~
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT So. 7' of
Lot 5 + 6, 7 , BLOCK 8; _
BAYFRONT; ..', HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE;
ORDERING SUCH BUILDING CONDEMNED; FINDING THAT William D. & Glor1a Gamble
AGF"'l'T'. T.nll;~p A. Quitta IS THE RECORD OWNER OF SAID PROPERTY;
ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH
BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR
DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON
SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF
THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID
PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN
THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF;
AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed
and approved Sections 8-115 through 8-126 of the Code of
Ordinances of the City of La Porte, creating a Board of
Inspection to be composed of the Building Inspector or is duly
authorized representative, the Fire Chief or his duly authorized
representative, and the Fire Marshal or his duly authorized
representative; and
WHEREAS,. Section B-l1B(aa) of said Sections provide that:
Whenever it shall come to the attention of the Board
of inspection or any member thereof, by reason of the
carrying out of the necessary duties of such member, or by
reason of a complaint of any citizen of the City or of the
City Council, that a dangerous building exists, the Board
shall, within twenty-four (24) hours of the receipt of said
complaint, make a thorough inspection of said alleged
dangerous building; and
WHEREAS; Section B-118(c) provides that:
After the inspection provided for in this Section has
been made, with or without the aid of experts, the Board
shall immediately report its conclusion in writing to each
of the memgers of the City Council and to the City Attorney.
Such report shall state the circumstances and the condition
of the building upon which such conclusion was based. The
report shall be filed in all cases no matter what conclusion
is stated by the Board; and
WHEREAS, it has heretofore come to the attention of the
Board of Inspection that the building located on Lot So. 7' of
Lot 5, + 6, 7; Block 8; Bayfront which is further described as
609 South Uta-h.
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Ordinance No.
/J'~
, Page 2
Harris County, Texas, has, for the reason of neglect or misuse,
been allowed to deteriorate into a condition of decay or partial
ruin or has become a fire hazard, as defined in Section 8-117 of
the Code of Ordinances of the City of La Porte; and
WHEREAS, said Board of Inspection has heretofore made and
filed its written report, dated
January 14, 1992
, finding
said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered
William D. &
notice to the record owner of said property, Gloria Gamble
AGF.NT: Louise A. Qui tt9 whose address is 609 South Utah -
La Porte. Tx 77571
,
that
a hearing as
provided in Section 5 of said Ordinance would be held at 604 West
Fairmont Parkway, at the Council Chambers, City Hall, City of La
Porte, Texas, at which time the Council would hear evidence for
and against the conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of
said hearing upon said owner, by registered mail, return receipt
requested, which
return receipt indicates that said owner
received said notice on February 26, 1992
, aa date
more than ten (10) days before the date set for said hearing;
WHEREAS, at said date, time, and place, City Council met in
regular session to conduct such public hearing, at which time
evidence was presented both for and against the conclusions of
the Board of Inspection;
WHEREAS, City Council, after due deliberation, and within
fifteen (15) days after the termination of the hearing, is
required to make its_decision in writing and enter its order; and
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Ordinance No.
/J'~3
, Page 3.
WHEREAS, City Council entered its order on March 9, 1992
a day which is within fifteen (15) days after the termination of
the hearing; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
This Ordinance contains the findings and
orders of the City Council of the City of La Porte, and its
conclusions" based upon the evidence presented at said hearing.
Section 2.
Based on the evidence presented at said
hearing, the City Council hereby adopts the attached report of
the Board of Inspection, in full, and incorporates such by
reference herein as fully as though set out herein.
Section 3.
The City Council hereby finds, determines and
declares such building to be a nuisance, and orders such building
condemned.
Section 4. The City Council hereby finds, determines and
William D. & Gloria Gamble
declares that AGENT: Louise A. .Quitta , who resides at
609 South Utah - La Porte, Tx 77571
,
is the record owner of the property on which this building is
William D. &,
situated, and that as such record owner, the said Gloria Gamble
AGENT: Loui-se A. Quitta
has been duly and legally notified
of these proceedings.
Section 5. The City Council hereby orders the said
William D. & Gloria Gamble
AGENT: Louise A. Quitta to
entirely remove or tear down such
William D. & Gloria Gamble
building, and further orders the said AGENT: Louise A. '"'t:,i to
Quitta
commence such removal within ten (10) days from the effective
date of this
Ordinance, and to complete such removal of
demolition of such building within a reasonable time.
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Ordinance No.
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, Page 4.
Section 6.
The City Council hereby orders the Board of
Inspection of the City of La Porte to cause a notice of the
dangerous, insanitary condition of the building to be affixed in
one or more conspicuous places on the exterior of the building,
which notice or notices shall not be removed or defaced by any
person, under penalty of law.
Section 7.
The City Council hereby orders the City
Secretary to forward a certified copy of this Ordinance, to the
William D. &
record owner of said property, the said Glor~a .Gamble
AGENT: Louise A. Quitta , by registered mail, return receipt
requested.
Section 8.
William D. & Gloria Gamble
Should the said AGENT: Louise _A. Qui tta
not comply with the orders contained in this Ordinance relating
to the removal or demolition of such building within ten (10)
days after hereof, then the Board of Inspection of the City of La
Porte shall enter upon the said premises with such assistance as
it may deem necessary, and cause the said building to be removed
or demolished without delay, and the expenses of such procedure
shall be charged against the said
William D. & Gloria Gamble
~GENT:
Louise A. Quitta
,
record owner of said property, and
shall thereupon become
a valid
and enforceable
personal
obligation of said owner of such premises, and the said Board of
Inspection shall carefully compute the cost of such removal or
demolition, which cost shall be hereafter assessed against the
land occupied by such building, and made lien thereon.
Section 9.
The
City
Council
officially
finds,
determines, and recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of
the City Council was posted at a place convenient to the public
at the City Hall of the c~ty for the time required by law
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Ordinance No.
1"~3 , Page 5.
preceding this meeting, as required by the Open Meetings Law,
Article 6252-17, Texas Revised Civil statutes Annotated; and that
this meeting has been open to the public as required by law at
all times during which this ordinance and the subject matter
thereof has been discussed, considered and formally acted upon.
The City Council further ratifies, approves and confirms such
written notice and the contents and posting thereof.
Section 10.
This Ordinance shall take effect and be in
force from and after its passage and approval.
~ru(
PASSED AND APPROVED this the -91:'h-<ilPay of
March
,
1992
CITY OF LA PORTE
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By
ATTEST:
~~~
Ci ty'secretary
City Attorney
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CITY OF LA PORTE
DANGEROUS BUILDING INSPECTION FORM
DATE 01-14-92
STREET ADDRESS
. 609 South Utah
OWNER William D. & Gloria Gamble
AGENT
Louise A. Quitta
BLOCK
8
.
LOT(S)
609 South Utah - La Porte, Tx 77571
So. 7' of Lot 5,
+ 6.7 SURVEY/SUBDIV.
Bavfront
MAILING ADDRESS
OCCUPANCY TYPE
R
ZONING
R-l
FACILITIES AVAILABLE: WATER
x
SANITARY SEWER
x
ELECTRICAL POWER
x
GAS
x
NO. OF DWELLING UNITS
1
VACANT
x
OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE 11145, SECTION 8-118,
THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED
PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR
OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING
REASONS: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE 11145,
SECTION 8-117).
[x) 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
REPAIR OR ANY OTHER CAUSE, IT IS ~SPECIALLY LIABLE TO
FIRE AND CONSTITUTES A FIRE HAZARD; OR
2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT
IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR
BY COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
[x) 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED
DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED -BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
[x) 4) BECAUSE OF ITS CONDiTION, IT IS DANGEROUS TO PUBLIC
HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE
OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR
NEIGHBORING STRUCTURES.
~: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR
THE REMAINDER OF THIS REPORT
FINDINGS AND CONCLUSIONS or THE BOARD OF INSPECTION:
IT IS THE ,OPINION OF THIS INSP~CTION BOARD, AFTER USING CITY OF
LA PORTE ORDINANCE NO. 1786 (STANDARD HOUSING CODE, 1991 EDITION) AS
I~S GUIDE IN MAKING THE INSPECTION, THAT THIS BUILDING IS IN FACT
DANGEROUS, BUT STILL REPAIRABLE. ALL REPAIRS OR ALTERATIONS REQUIRED
TO BE DONE SHALL BE nONE IN ACCORDANCE WITH ALL CITY OF LA PORTE CODES
AND ORDINANCES APPLICABLE. IF THE REPAIRS OR ALTERATIONS ORDER IS NOT
COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN CITY OF LA PORTE ORDINANCE
NO. 1145, IT IS THEN THE UNANIMOUS OPINION OF THIS INSPECTION BOARD THAT
THIS BUILDING BE DEMOLISHED.
P.r:~
~UILDING OFFICIAL'S
OFFICE
~~~dJ~~
FIRE MARSHAL'S
OFFICE
y-:0? · "
FIRE CHIEF'S
OFFICE
.
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BUILDING EVALUATION CHE9KLIST
A = Adequate D= Deficient N/A = Not Applicable
I. STRUCTURAL COMMENT/EXPLANATION
A. Foundation
1. Slab D Gara2e Slab Cracked
2 . Pier & Beam
a. Footings D Severe Settlin2 & Shifting
b. Sills D Deteriorated & CollaDsing
c. Joists D Deteriorated
B. Walls
1. Exterior D Deteriorated
2 . Interior N/A *
C. Means of Egress
1. Doors
a. Interior N/A *
b. Exterior D I Deteriorated
2 . Porchs, Steps,
Stairs D Unlevel
3. Windows D peteriorated
D. Roof
1. RafteJ:s -, D Deteriorated
2 . Deck, Shingles D ShingleR DeterioraFed, Too Many Layers
E. Ceilings
1. Joists N/A *
2. Ceiling N/A. *
F. Floors N/A 'Ie
G. Other N/A
II. MECHANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel D
2. Wiring N/A
3. Lights, Switches ~
4. Out:lets N/A
5. Other N/A
B. Plumbing
l-~' Fixtures
a. Sink n
b. Lavatories D
c. Water Closets D-
d. Tub/Shower n
e. Water Heater ~
2. Water piping D
3. Drain, Waste
& Vent D
4. Sewer/Septic Tank ~
5. Gas System D
C. Heating & Air Conditioning
1. Heating N/A
2. Air Conditioning N/A
Deteri orated, Not Up to Code
*
*
*
*1
d
*1
*1
*
*1
*1
*1
Meter Re.moved by Entex
*
. .. ~ ..
III. PROPERTY CONDITIONS
1. Accessory Str\]ctures N/A
2. Cor1ditl.on of Grounds T
3. Other N/A
Maintained by City
COMMENTS:
*Garage is Open & Unsecured. House is Otherwise Locked &
Inaccessible. Report Based on Exterior I~spection Only, Exc~Pt f~r Garage.
*1 Settling of Foundation System ~s Severe Enough to Cause Serious Problems
"!itbP1umbing.
01-'92 Rev.
This Will Prevent Noted Fixtures From Functioning Properly.
. .. .
a:dangbldg.fJ:m/dangerous building
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City of La Porte
Eswhlishecl I R9 2
. CERTIFIED MAIL
#P 688 846 271
27 March 1992
William and Gloria Gamble
\Louise A. Quitta
609 South Utah
La Porte, Texas 77571
Re: Condemned Building Located at 609 South Utah
Dear Mr. and Mrs. Gamble:
The La Porte City Council, at their March 23, 1992, meeting
passed Ordinance No. 1823 condemning your building located at
609 South Utah. This ordinance requires demolition of this
building within ten (10) days of the date of ordinance passage.
It further specifies that should demolition not be completed
within ten (10) days, the City will have the right to demolish
the structure and bill the owner to recoup the demolition cost.
Based on your request at the March 9th condemnation
Council is prepared to provide an additional 90 days to
to demolish the structure yourself. The conditions
granted this additional time are as follows:
hearing,
allow you
for being
I. Any delinquent ad valorem taxes and weed liens must be
paid in full.
II. A "Consent to Demolish" form (copy enclosed) must be
submitted to the City's Inspection Division. The form
must be signed by the owner of record (or authorized
agent) and notarized. A photo copy of the deed should
be attached to the form.
IIr. It must be clearly understood that should demolition
and cleanup not be completed by June 23, 1992, the City
will complete any remaining work and invoice for the
incurred cost.
P_o, Bllx Illi · Lal\lI"1l', Tl'X:lS 77i72-III; · (7lll i71-;02l)
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27 March 1992
I?age Two
Should you wish to take advantage of this additional 90-day
period, you must, within ten (10) days of receipt of this letter,
satisfy the conditions listed above.
If you have any questions regarding this matter, please do not
hesitate -to call me. I can be reached at 471-5020, ext. 254.
Sincerely,
;;J;2T,E.
Mark S. Lewis
City Inspection
MSL:bh
Enclosure
cc: Mayor Norman Malone
Members of City Council
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City of La Porte
Eswhli.'ihed 1892
27 March 1992
CERTIFIED MAIL
.#p 688 846 272
Ms. Shirley Ekstrom
1216 Ester Street
Kemah, Texas 77565
Re: Condemned Building Located at 609 South utah
Dear Ms. Ekstrom:
The La Porte City Council, at their March 23, 1992, meeting
passed Ordinance No. 1823 condemning your building located at
609 South Utah. This ordinance requires demolition of this
building within ten (10) days of the date of ordinance passage.
It further specifies that should demolition not be completed
within ten (10) days, the City will have the right to demolish
the structure and bill the owner to recoup the demolition cost.
Based on your request Oat the March 9th condemnation
Council is prepared to provide an additional 90 days to
to demolish the structure yourself. The conditions
granted this additional time are as follows:
hearing,
allow you
for being
I. Any delinquent ad valorem taxes and weed liens must be
paid in full.
II. A "Consent to Demolish" form (copy enclosed) must be
submitted to the City's Inspection Division. The form
must be signed by the owner of record (or authorized
agent) and notarized. A photo copy of the deed should
be attached to the form.
III. It must be clearly understood that should demolition
and cleanup not be completed by June 23, 1992, the City
will complete any remaining work and invoice for the
incurred cost.
P.o. BllX 1115 · La 1\'r1l:. T~'xa~ 77572-111; · 171 n 471.5l~2l~
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27 March 1992
Page Two
Should you wish to take advantage of this additional 90-day
period, you must, within ten (10) days of receipt of this letter,
satisfy the conditions listed above.
If you have any questions regarding this matt~r, please do not
hesitate' to call me. I can be reached at 471-5020, ext. 254.
Sincerely,
;;::k2:E
Mark S. Lewis
City Inspection
MSL:bh
Enclosure
cc: Mayor Norman Malone
Members of City Council