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Home My WebLink AboutO-1992-1824 . . . ORDINANCE NO. ~~ AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT 5 , BLOCK OAK GROVE: BAY SHORE PARK .:, HARRIS COUNTY, TEXAS, TO BE IN rACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT R. B. & Betty Roqers c/o Collppn Woodard Pecora 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 Ci~y 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 Inspe'ction 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 8-118(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 8-118(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 5; Rlock Oak Grove: Bay Shore Park; which is further described as 921 Oakqrove. -, . e Ordinance No. II' c2f , 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 Ransom B. & property, Betty Ruth Rogers notice to the record owner of said AGENT: Colleen Woodard Pecora , whose address is Rt. 1 Box 103-2 - South Sallifaw, OK 74955 , 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 27, 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 . e Ordinance No. ~f , Page 3. WHEREAS, City Council entered its order on M~r~h q, lqq2 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 Ransom B. & Betty Ruth Rogers declares that AGENT: Colleen Woodard Pecora _, who resides at Rt. 1 Box 103-2; South Sallifaw, OK 74955 , is the record owner of the property on which this building is Ransom B. & Betty Ruth Rogers situated, and that as such record owner, the said AGENT: Colleen Woodard Pecora has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Ransom B. & Betty Ruth Rogers AGENT: Colleen Woodard to entirely remove or tear down ~uch Pecora Ransom B. & Betty Ruth Rogers building, and further orders the said AGENT: Colleen Woodardto Pecora 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. . e Ordinance No. I'~f , , 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 o~ 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 Ransom B. & record owner of said property, the said Bet~x Ruth Rogers AGENT: Colleen Woodard Pecora requested. , by registered mail, return receipt Section 8. Ransom B. & Betty Ruth Rogers Should the said AGENT: Colleen Woodard Pecora 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 Ransom B. & Betty Ruth Rogers AGRNT: Colleen Woodard Pecora shall thereupon become , record owner of said property, and 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 City for the time required by law . e Ordinance No. I?A/-, 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 March , CITY OF LA PORTE By /!~ ~~~ ayor ATTEST: ~~ Ci ty" Secretary APPROVED: ~ c~. ( . e CITY OF LA PORTE DANGEROUS BUILDING INSPECTION FORM DATE 01-14-92 STREET ADDRESS 921 OB;k~'['ove OWNER Ransom B. & Betty Ruth Rogers AGENT Colleen Woodard MAILING ADDRESS I 806 South 6th Street - La Porte, Tx 77571 BLOCK Oak GroyeLOT ( S ) 5 SURVEY/SUBDIV. Bay Shore Park OCCUPANCY TYPE R tACILITIES AVAILABLE: WATER ZONING R-l x SANITARY SEWER x ELECTRICAL POWER .x GAS x NO. OF DWELLING UNITS 1 VACANT x OCCUPIED AS REQUIRED DN CITY OF LA PORTE ORDINANCE 11145, SECTION 8-118, THE BOARD OF iNSPEC~ION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, .AND DETERMINED THE BUILDING LOCATED TH~REON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117). . (~~l 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CON~TITUTES A FIRE HAZARD; OR (xl 2) BECAUSE OF FAULTy CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY COLLAPSE OR ~ALL OF ANY PART OF SAID STRUCTURE; OR ~l 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 " (xl 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. NQ.U: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF THIS REPORT FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: IT IS THE OPINION OF THIS INSPECTION BOARD, AFTER USING CITY OF .LA PORTE ORDINANCE NO. 1786 (STANDARD HOUSING CODE, 1991 EDITION) AS ITS GUIDE IN .MAKING THE INSPECTION, THAT THIS BUILDING IS IN FACT DANGEROUS, NOT REPAIRABLE, AND SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT PROVIDE THE BASIC MINI~f HOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY, HEALTH, AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE. /ik /J- BUILDING OFFICIAL'S OFFICE ~. a.-It '. /~ .,e.A ."}..t~J~ ./~ft.~ ..' , IRE MARSHAL IS / FIRE CHIEF I S OFFICE OFFICE . e t.. BUILDING EVALUATION CHECKLIST I' A = Adequate D=" Deficient N/A = Not Applicable 1. STRUCTURAL COMMENT/EXPLANATION A. Foundation 1- Slab N/A 2. Pier & Beam a. Footings D Unstable b. Sills D Unstable c. Joists D Deteriorated B. Walls 1. Exterior D Deteriorated 2 . Interior D l-later Dama2ed . C. Means of Egress 1. Doors a. Interior D Deteriorated b. Exterior D Deteriorated 2. Porchs, Steps, Stairs D DeterinrRter1 3. Windows i> DeteriorRt~r1 D. Roof 1- Rafters D DeterinrRter1 2 . Deck, Shingles D Roof.Sections M~ssing E. Ceilings 1. Joists D pet~rinrRtP,-l 2. Ceiling D Ser.ti DnR "Mi.!r::ud.ng F. Floors D ~p,..ti on.. -Mi 9'ii_1l8 G. Other N/A II. I I 1. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel ,D 2. Wiring D 3. Lights, SwitChes ~ 4. OutletsD 5. Other N/A B. Plumbing 1. Fixtures a. Sink D b. Lavatories D c. Water Closets ~ d. T~b/Shower D 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 D 2. Air Conditioning N/A Not Uo to Code Deteriorated Deteriorated Deteriorated Inoperable. Inooerable IIloperab18 InoperRllle Inop~;-Rhl p.. DetPTi.n'l"'::It"...,-l Oeteriorated Undetermined Meter Removed hy Rntpx No Permanent Heat PROPERTY CONDITIONS 1. Accessory structures 2. Condition of Grounds 3. Other N/A D N7A Unmaintained COMMENTS: a:dangb1dg.frm/dangerous building 01-'92 Rev. l'.l1. B'IX Ill'i · L:lI'.lrtl'. Tl'X:I~ 77i72-III'i · (71~) 471-'i02() 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. 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. hearing, allow you for being 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: I. Any delinquent ad valorem taxes and ~eed liens must be paid in full. The La Porte City Council, at their March 23, 1992, meeting passed Ordinance No. 1824 condemning your building located at 921 Oakgrove. 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. Dear Mr. Brown: Re: Condemned Building Located at 921 Oakgrove Mr. Charles Brown 720 Brook Lane Pasadena, Texas 77502 27 March 1992 CERTIFIED MAIL #P 688 846 273 e 'f". .../ City of La Porte Eswhlished 1892. ;I cc: Mayor Norman Malone Members of City Council Enclosure MSL:bh ;J::k;:T,E Mark S. LeW'is City Inspection Sincerely, If you have any questions regarding this matter, please do not hesitate .to call me. I can be reached at 471-5020, ext. 254. 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. 27 March 1992 Page TW'o . e 1.1\ ,/ .. :-' -~~ .;; e City of La Porte Eswhlished IS92 CERTIFIED MAIL iP 688 846 274 27 March 1992 R. B. and Betty Rogers 'Colleen Woodard Pecora Route 1, Box 103-2 South Sallifaw, OK 74955 Re: Condemned Building Located at 921 Oakgrove Dear Mr. and Mrs. Rogers: The La Porte City Council, at their March 23, 1992, meeting passed Ordinance No. 1824 condemning your building located at 921 Oakgrove. 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 hearing, Council is prepared. to provide an additional 90 days to allow you to demolish the structure yourself. The conditions for being granted this additional time are as follows: 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 i.ncurred cost. 1'.<.\ "ox 1111 · 1.:11'1'1"11.:. T"x:l~ 77i72.llli · (71 q 471-il12n . . .... At ~...\ ~ e . , ; 27 March 1992 Page Two Should you wish to take advantage of this additional 90-day period, you must, withi~ 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/;T,E _ Mark S. Lewis City Inspection MSL:bh Enclosure cc: Mayor Norman Malone Members of City Council