HomeMy WebLinkAboutO-2004-2773
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Yf ORDINANCE NO. 2004-~'l'l.3
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON TRACT 435D W ~ OF
E ~ .ADDITION La Porte Outlots, HARRIS COUNTY, TEXAS, TO BE IN FACT A
NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT David L.
Glatter c/o Hilburn & Associates IS THE RECORD OWNER (S) OF SAID PROPERTY;
ORDERING THE SAID OWNER (S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH
BUILDING; ORDERING THE SAID OWNER (S) TO COMMENCE SAID REMOVAL OR
DEMOLITION WITHIN (1 0) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO
PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO
FORWARD A COPY OF TIllS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE
REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY
SAID OWNER(S) 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 Section 82-
472 of the Code of Ordinances as amended by Ordinance #04-2700 that passed and approved on
January 26, 2004, creating a Dangerous Building Inspection Board (the Board) to be composed
of the Building Official or his/her duly authorized representative, the Fire Chief or his/her duly
authorized representative, the Fire Marshal or his/her duly authorized representative; and
WHEREAS, Section 82-474 (a) of said section as amended by Ordinance #04-2700,
provides that:
Whenever it shall come to the attention of the Board 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, make
a thorough inspection of such building; and
WHEREAS, Section 82-474 (e) of said section as amended by Ordinance #04-2700,
provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members 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 that the building located
on TR 435D. W ~ ofE ~. La Porte Outlots, which is further described as 10910 N. L St., Harris
Ordinance No. 2004-
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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 public nuisance or hazard, as defined in
Section 82-473 of the Code of Ordinances of the City of La Porte as amended by Ordinance #04-
2700; and
WHEREAS, said Board has heretofore made and filed its written report, dated July 12.
2004 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner( s)
of said property, David L. Glatter c/o Hilburn & Associates, whose address is 12527 Cypress N.
Houston Ste. 100. Cypress. TX 77429-0000, that a hearing as provided in Section 82-477 of said
Ordinance would be held at 604 W. 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(s), by registered mail, return receipt requested, which return receipt indicated that said
owner(s) were mailed said notice(s) on July 27.2004. in accordance with our ordinance, a 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
WHEREAS, City Council entered its order on August 23. 2004 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:
Ordinance No. 2004-
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. Page 3
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Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and
orders of the City Council of the City of La Porte, and its conclusion, 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, in full, and incorporates such by reference herein as fully
as though set out herein.
Section 3. The City Council hereby finds, detennines and declares such building to
be a nuisance, and orders such building condemned.
Section 4. The City Council hereby finds, detennines and declares that David L.
Glatter clo Hilburn &. Associates, who resides at 12527 C}1Jress N. Houston Ste. 100. C}1Jress.
TX 77429-0000 and is the record owner(s) of the property on which this building is situated, and
that as such record owner(s), the said David L. Glatter clo Hilburn & Associates has been duly
and legally notified of those proceedings.
Section 5. The City Council hereby orders the said David L. Glatter clo Hilburn &
Associates to entirely remove or tear down such building, and further orders the said David L.
Glatter clo Hilburn & Associates to 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.
Section 6. The City Council hereby orders the Board of the City of La Porte to cause
a notice of the dangerous, unsanitary 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 record owner(s) of said property, the said David L. Glatter clo
Hilburn &. Associates. by registered mail, return receipt requested.
Section 8. Should the said David L. Glatter clo Hilburn & Associates, 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 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
Ordinance No. 2004-
-
, Page 4
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against the said David L. Glatter c/o Hilburn & Associates. record owner(s) of said property, and
shall thereupon become a valid and enforceable personal obligation of said owner of such
premises, and the said Board 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 preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; 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.
PASSED AND APPROVED this the
day of
. 2004.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
own-er-.S demo ('"'J}, ('r/
Drd ,''/\0 Jill (.. f'ef/YIolJ((
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ORDINANCE NO. 2004- J..11 ~
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON TRACT 435D W ~ OF
E ~ .ADDITION La Porte Outlots, HARRIS COUNTY, TEXAS, TO BE IN FACT A
NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT David L.
Glatter c/o Hilburn & Associates IS THE RECORD OWNER (S) OF SAID PROPERTY;
ORDERING THE SAID OWNER (S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH
BUILDING; ORDERING THE SAID OWNER (S) TO COMMENCE SAID REMOVAL OR
DEMOLITION WITHIN (10) DA YS FROM TI-J;E EFFECTIVE DATE OF THIS
ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO
PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO
FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE
REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY
SAID OWNER(S) 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 Section 82-
472 of the Code of Ordinances as amended by Ordinance #04-2700 that passed and approved on
January 26, 2004, creating a Dangerous Building Inspection Board (the Board) to be composed
of the Building Official or hislher duly authorized representative, the Fire Chief or hislher duly
authorized representative, the Fire Marshal or hislher duly authorized representative; and
WHEREAS, Section 82-474 (a) of said section as amended by Ordinance #04-2700,
provides that:
Whenever it shall come to the attention of the Board 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, make
a thorough inspection of such building; and
WHEREAS, Section 82-474 (e) of said section as amended by Ordinance #04-2700,
provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members 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 oased. 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 that the building located
on TR 435D. W Y2 ofE ~. La Porte Outlots, which is further described as 10910 N. L St., Harris
Ordinance No. 2004-:L 11'page 2
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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 public nuisance or hazard, as defined in
Section 82-473 of the Code of Ordinances of the City of La Porte as amended by Ordinance #04-
2700; and
WHEREAS, said Board has heretofore made and filed its written report, dated July 12.
2004 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner(s)
of said property, David L. Glatter c/o Hilburn & Associates, whose address is 12527 Cypress N.
Houston Ste. 100. Cypress. TX 77429-0000, that a hearing as provided in Section 82-477 of said
Ordinance would be held at 604 W. 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(s), by registered mail, return receipt requested, which return receipt indicated that said
owner(s) were mailed said notice(s) on July 27.2004. in accordance with our ordinance, a 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 after consideration of the
conclusions of the Board and any responses made thereto, and within fifteen days (15) after the
termination of the hearing, entered an order to grant to the record owner of said property a thirty
(30) day extension for the opportunity to file a response or take appropriate action,
WHEREAS, City Council entered its final order on September 27,2004, a day within the
thirty (30) day extension period ordered by council on August 23, 2004, a day 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:
Ordinance No. 2004- .211'page 3
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Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and
orders of the City Council of the City of La Porte, and its conclusion, 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, 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 declares that David L.
Glatter c/o Hilburn & Associates, who resides at 12527 Cypress N. Houston Ste. 100. Cypress.
TX 77429-0000 and is the record owner(s) of the property on which this building is situated, and
that as such record owner(s), the said David L. Glatter c/o Hilburn & Associates has been duly
and legally notified of those proceedings.
Section 5. The City Council hereby orders the said David L. Glatter c/o Hilburn &
Associates to entirely remove or tear down such building, and further orders the said David L.
Glatter c/o Hilburn & Associates to 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.
Section 6. The City Council hereby orders the Board of the City of La Porte to cause
a notice of the dangerous, unsanitary 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 record owner(s) of said property, the said David L. Glatter c/o
Hilburn & Associates, by registered mail, return receipt requested.
Section 8. Should the said David L. c;Hatter c/o Hilburn & Associates, 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 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 David L. Glatter c/o Hilburn & Associates, record owner(s) of said property, and
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Ordinance No. 2004- .21"". , Page 4
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shall thereupon become a valid and enforceable personal obligation of said owner of such
premises, and the said Board 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 preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; 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.
PASSED AND APPROVED this the
day of
, 2004.
CITY o/\LA PORTE ())
By: ~L~ r~
Mayor
ATTEST:
City Secretary
APPROVED:
City Attorney
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
09/27/04
Appropriation
Requested By:
Wayne Sabo
Source of Funds: General Funds
Department:
Account Number: 001-9092-524-6021
Report: X Resolution:
Ordinance:
Amount Budgeted: $56.282.75
Amount Requested:
Exhibits:
List of Dangerous Buildings and Owners
Budgeted Item: YES NO
Exhibits:
Inspection Reports and Slide Presentation
Exhibits:
Condemnation Ordinances
SUMMARY & RECOMMENDATION
On July 26, 2004 City Council reviewed the findings of the Dangerous Building Board of Inspection. Following
that review, staff requested and was granted a public hearing date of August 23, 2004. Following the close of the
public hearing, seven (7) of the ten (10) structures considered were condemned. The remaining three (3) structures
were tabled and were to be addressed separately. Two of the three structures were tabled for thirty (30) days with
the remaining one tabled for ninety (90) days.
The two (2) tabled for thirty (30) days and are now ready for Council consideration. Their addresses were 501 So.
4th (residential accessory building) and 10910 N. L Street (single family dwelling). As of 09-16-04, both structures
remain unchanged.
On the property known as 501 So. 4th, staff has not had any response from the property owner shown on the Harris
County Appraisal District or the quitclaim deed. At the time it was tabled, Council asked the legal department to
research what affect, if any, results from church ownership of the accessory building.
Staff has had conversations with the attorney representing the current heirs and has met with the proposed owners
regarding 10910 N. L Street When staff met with the proposed owners; they concur the existing structure needed to
be demolished. As of 09-17 -04, the proposed buyer advised us that the proposed sale will probably occur around
mid-October anticipating the demolition of the structure prior to the new owners closing on the property.
The Board (Chief Building Official, Fire Marshal and Fire Chief) supports our original findings and unanimously
recommend both substandard structures be condemned and demolished.
Action Reauired bv Council:
Consider passing ordinances condemning each of the two (2) substandard structures.
ADDroved for City Council Ae:enda
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Cf .- ).~ -u t
Date
a. - aTu~l 0'(
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ASKINS & ARMSTRONG, P.C. 0 u ,r\.1
ATTORNEYS AT LAW f'l " D f f7~
702 W. FAIRMONT PARKWAY V . . A
P. O. BOX 1218 )t'1
LA PORTE, TEXAS 77572-1218 -rD 'j U~
KNOX W. ASKINS
JOHN D. ARMSTRONG
September 22, 2004
TELEPHONE 281 471.1886
TELECOPIER 281 471-2047
E-MAIL: kwaskins@aol.com
iohn-a@swbell.net
claskins@swbell.nel ,~O
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CLARK T. ASKINS
SEP 2 2 20ut.
..,..... .:..
_l~.:' ..1..:_
Mayor and City Council
City Hall
City of La Porte
RE: Demolition ordinance for structure located at 501 S. 4th Street
Dear Mayor and Council:
During the August 23, 2004 council meeting, after .taking action to order the
demolition of several structures in La Porte, council voted to table consideration on an
item for the demolition of a tin accessory building located at 501 S. 4th Street. Some
members of council asked whether possible action by the City ordering the demolition
of this structure would by restricted by Federal and State laws concerning state
interference with the exercise of religion.
The deed records for this property show a quitclaim deed recorded with Harris
County on January 20, 1978, in the name Universal Church of Adoration. However,
according to the La Porte code enforcement department, this building has never been
utilized for religious purposes. There are no other structures located on this subject
property.
The code enforcement department has also indicated that correspondence sent
to the Universal Church of Adoration's mailing address at 520 Baywood, in La Porte,
has been returned saying "no church at this address, return to sender" and "unclaimed".
Also, since the building was placarded by the city, it has received no response from the
church.
Our office has reviewed the facts of this case and the applicable law, and has
prepared this letter as a legal opinion.
Under Texas law a municipality, in the exercise of its police power, may pass and
enforce regulations to promote health, ~afety, morals or general welfare of the
community. Pursuant to this power a municipality may also regulate the building of
churches. Congregation Committee, North Fort Worth Congregation, Jehovah's
Witnesses v. City Council of Healtom City, Texas, 287 S.W.2d 700 (Tex.Civ.App.-Ft.
Worth), 1956. Under the standard established in this case, any restrictions on a church
- whether by zoning laws, building codes, or demolition orders - must be 1) in
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furtherance of public health, safety, morals or general welfare, and 2) substantially
related to the public health, safety, morals or general welfare.
The law also gives municipalities, in the proper exercise of their police power,
authority to demolish unsafe buildings which constitute a threat to the public welfare.
Texas Local Government Code, Chapter 214. This statue does not distinguish between
non-religious structures and religious structures. Significantly, after a thorough search, I
did not locate any case authority which imposes additional or different restrictions on
municipal procedures to demolish religious structures.
Therefore, in my opinion the City of La Porte would be well within the law by
acting to order the demolition of the structure at 501 S. 4th Street, should there be
sufficient evidence that the structure is a present threat to the health and safety of the
public, as per our ordinance. I would add that in this particular case without any
evidence that the structure is being used as a church (or ever was so used), the entire
issue may be moot. By all indications the city has attempted to contact the church at its
known addresses, and has given the church the opportunity to file a response, including
through participation at a public hearing, without a response.
I do want to make council aware of the Religious Land Use and Institutionalized
Persons Act of 2000, a Federal law that prohibits any zoning that "substantially
burdens" religious exercise without a government showing of a "compelling interest".
There is also a similar law in the state of Texas.
Both laws, in my opinion, do not affect the City in this situation. First, these laws
address the issue of zoning, not building codes, and were passed to prohibit attempts
by cities to "squeeze out" churches by zoning schemes. Second, as I stated before, the
city has given the owner of the subject property eyery opportunity to respond to the
proposed council action, but. has receiv~.d. ..no answer. Third, because the subject
property apparently is not used for church activities, it would be nearly impossible to
"substantially burden" religious exercise, when there is in fact no religious exercise to
. speak of.
Thank you, and should you have any questions please do not hesitate to contact
me at my office.
Sincerely,
~7:~
Clark T. Askins
. Assist. City Attorney
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Cc: City Manager
Debra Feazelle
Cc: Assistant City Manager
John Joerns
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09-17-04
DANGEROUS BUILDINGS
NOTIFICATION LIST
Summer 2004
Two (2) substandard structures tabled from August 23,2004 Public Hearing and Regular
Meeting.
1) 501 So. 4th
(Non-Conforming accessory building in a Low Density (R-J) Zone)
Legal Description: Blk. 112; Lots 1,2; La Porte
HCAD #023-221-012-0001
Tax Roll: Charles Martin - 1424 Waseca St. - Houston, Tx 77055-4412
Deed: Universal Church of Adoration - 520 Baywood Dr. -
La Porte, Tx 77571
Taxes:
Mowing:
$ 4,675.71 (As of July 2004)
$ . 120.00
2) 10910 N. L
(Single-family dwelling in a Low Density (R-J) Zone)
Legal Description: Tr. 435D; W. ~ ofE. ~; La Porte Outlots
HeAD #023-141-000-0432
Tax Roll: David L. Glatter c/o Hilburn & Associates
12527 Cypress N. Houston, Ste. 100
Cypress, Tx 77429-0000
Deed: David L. Glatter - No mailing address shown
Other:
Pending Earnest Money Contract - Javier Sanchez, Jr. &
Altagracia Garza - No address shown
Taxes:
Mowing:
$ 7,258.13 (As of July 2004)
$ 725.00
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City of La Porte
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DANGEROUS BUILDING INSPECTION FORM
DATE: 7.9-04
STREET ADDRESS: SOl S 4m
HCAD OWNER: CHARLES MARTIN. 1424 WASPA:A ST. HOUSTON. TX 770S5-4412
DEED O~ l1NlVERSAL CHURCH OF ADORATION. S20 BAYWOOD. LAPORTE TX 77S7]
LEGAL: " LTS 1. 2. BllC. 112. LAPORTE
OCCUPANCY TYPE: RESIDENTIAL ACCESSORY BUlLDING
ZONING:
R-I
NON-CONFORMING ISSUES: ACCESSORY BUJLDING REQUIRES PRlMARY STRUC1URE.
FACILlT1ES AVAILABLE: WATER. YES
ELECTRICAL: YES
SEWER
GAS:
YES
YES
NO.OF DWEU.lNG UNITS:
(O)~
VACANr:
YES
OCCUPIED:
AS REQUIRED IN THE crrY'S roDB OF ORDlNANCE, CRAP1l1Jl82; ARTICLB vm. nIB BOARD OF
INSPECllONMADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY', AND DETERMINED mE
BUJLDlNG LOCATED TIIERBON, IN THElROPlNION,IS IN FAf:r A DANGEROUS BUlLDING, FOR mE
fOlLOWING REASONS: .
Sec. 82-473. Dcc1aration ofPublie N~ and Hazard.
A.. " Dangerous or Substandard Buildings or Strud:areS. . .
A building or strudure shaD be coDSidered daDgerous or substandard wheuever it is
determiDed by the Board, th~ aDY or aD or the rolio1fiog is applicable:
L-l. A building that is vacam. and is Dot up to curreDt ~ding ~ standards. These vacant buildings
can be either opeD to trespass or boaidcd up;
L-2. Whenever any ponion thercofbas.bet:n damaged by me. ear1hquake, wind, ~ood, Or..by any other
cause to such an extcDt that the strucbUal stn:Dg1h or stability thereof is materially less \haD ~:Was ~ sueb
catasb'opbe and is iesS ~ the ~ rcquircmci1ts of the building cOde fur DeW bulidings of similar structure.
purpose or location; .. .
L-3. Whenever any portion or mcinber or appurtt:DaDCC thereof is likely to fail, or to become detached
or dislodged. or to co1Japse and.thereby injln pelSODS or damage property; .
L- 4. WheDcver 1bc building or stmcturc, or any portion tbcrcot: because of (a) dilapidation,
dcteriondion, or decay; (b) fimhy CODStr1Ic:ticm; (c) the removal, lDOVemCllt or iastability ofany pomon oftbe
ground necessary for the purpose ofsapporting 1hc building; (d) 1hc ddcriorabon, decay, or inadequacy ofits
1DaDdation, or (e) any o1hcr ~ is likely to partiaDy or completely coDapsc;
L-S. Whenever, for any" reason, 1hc building or sInJCbIrC, or any portion tbc:reot: is manifcstJy unsafe for
1hc purpose ofwhich it is being used;
DaDa=oas Buildings Im:pection Fonn Bldg 1 ngc ~
L-6. Whenever the building L bas been so damaged by firc. wind, ~ or flood, or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor fur vagrants, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts~
L-7. Whenever a building or structure. used or intended to be used for dwelling purposes. because of
inadequate mllinten3"cc, dilapidation, decay, damage, faulty construction or anangCDlCDt, inadequate light, air, or
sanitation mcilitics. or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or discasc~
L-8. Whenever any building or structure. because of obsolesCCDCC, dilapidated condition. deterioration,
damage, inadequate exits. lack of sufficient fire-resistive coDStruclion, &uIty electric wiring. gas connections, or
hcatibg appara1us or other cause. is dc:termined by the Board to be a fire hazard;
B. Dangerous or substaDdard electrical, plumbing, or mechanical iDStaIJatioDS.
A building or structure shaD be coasidered dangerous or substaodard whenever it is determined by
the Board, that ILD)' or aD or the roUowing is applicable:
L-l. Whenever my protcc:tive or safety device specified in The Electrical Code and oflhis title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to filii or function as originally
imended;
. L-2. Whenever any iDstaJIation or any portion thcrec;;fbccausc of (a) dilapidation, deterioration," or
decay; (b) fiwIty construction; (c) obsolcsCCDcc~ (d) inadequate 1TI11intenance, which in relation to existing use
constitutes a hazard to life. health. property or safety;
='--3, Whenever any iDstaJIation or any portion thereof which is damaged by tire, wind, earthquake,
flood or any other cause so as to constitute a potcntiaI hazard to life. health. property or safety;
='--4. WbenevCl' any installation or any portion thcreofwas constructed, installed. a1tercd or JimintllinP.d
ill violation of the building code and/or fire code so as 10 consli1ute a potcntiaI hazard to Iifc. health, property or
safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTIqN #2:
(NOT REPAIRABLE - RE~IDENTIAL)
IN ACCX>RDANCE WITH THE Cl'IY'S DANGEROUS BunnING REGULA nONS AND mE 2003lNTERNATIONAL
RESIDENTIAL roDE. AS ADOP'IED. AMENDED AND ENAC'IED BY CITY. ORDINANCE #104-2700 AND 1#96-2079-
B. USING THE REGULAnONS AND CODE AS ITS GUIDE. IT IS THE OPlNION OF nm DANGEROUS BUILDING
lNSPECTION BOARD THAT lHIS BunnING IS IN FACT DANGEROUS. Bur NOT REPAIRABLE. AND SHOULD
BE DEMOlJSHED. lHIS BUILDING DOES NOT PROVIDE THE BASIC MINIMUM HOUSING STANDARDS
DEEMED ESSEN11AL FOR SAFE AND HEAL'IHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A
mREAT TO PUBLIC SAFE'IY. REALlH AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE.
x~~ 6JkiYW
BunnING OffiCIAL'S OffiCE
'J_I.s~~
DAlE
C/~~~
'S OFFICE ATE
x tJ~m. &~
FIRE CHIEFS OmCE
, /IG A~
DATE
J.JaDgC:nJUS ~amg .IDSpCCl:IDIIl'"arm JSIl1g 1
A = Adequate
L STRUCTURAL
A. FouDdatiDD
1. Slab
2. Pi~ It Beam.
a Footings
b. SiDs
c. Joists
B. WaDI
1. Exterior
2. Interior
c. Mam ofEgnsI
1. DooIS
a lDterior
b. Exterior
2. Porches. Steps,
Stairs
3, W"mdows
D. Roof
1. Rafters .
2. ~c:dt, ShiDgIcs
E. CeiliDgs
1. Joists
2. CeiJiDg
Jr. Moon
G. Other .
rage ~
Bun.nltEVM.UAnON CHECKLIST
D = Deficient
IL.-
HLA-
NtA
HLA-
IL--
IL-
XL-
IL-
lY.A.-
XL-
~
XL-
IL-
XL--
UNK
HLA-
n. MEHCANICAL SYSTEMS
A. Electric:aI
1. Scnice En1mDce
1tPane1 ~
WldDg In-
3. Ligbls, Switches In-
4. Outlets llHIL....
s. Other lY.A.-
B. PlambiDg
1. rJXtmeS
a Sink
b. Lavatories
c. WatedCloscts .
d. Sbowrz
c Wmr Heater
2. Wau:r Piping
3. DIlIiD. Waste
ItVtIIl
4. Sewc:rlScplic 1aDk
5. Gas System
C. JIeatiDg '" Ale
1. BcaIiDg
2. Air CnndiricmiDg
m PROPERTY CX>NDmONS
A--
~.
l.!HK- .
mIK.-
mnL-
miL.
lmIL..
~
lmK-
&L-
HLA--
1. Ar:a:ssory Stmc:tun:s HlA...-
2. Ccmdi1icm ofGloaDds IL-
3. 0Ibr:r. .:
e
Nt A = Not Applicable
COMMENT IEXPLANATION
UNEVEN SETILEMENT It lNIERIOR CRACKS VIsmLE FROM
WINDOW
ROTTED: HOLES
HOLES IN PANELING VISmLE FROM WINDOW
ROTrED. VISmLE FROM WINDOW
ROTrED
BROKEN GLASS. OPEN. ROTIED
RAFTERS It ~ TAlis iOTIED .
FACIA BOARD ROTIE>:. RUSTED METAL
ROITED
DETERIORATED
UNABLE TO INSPECT
RUSTED RISER.
UNABLE TO lNSPECT
UNABLE TO lNSPECT
UNABLE TO INSPECl'
mURT:R TO lNSPECT
UNABLE TO INSPEct
. UNABLE TO INSPECT .
UNABLE TO INSPECT
UNABLE TO INSPBCT
UN'" RT.R TO INSPECT
UNABLE TO lNSPECT
UNABLE TO INSPECT
WEEDS. GRAFllTI. DEBlUS
('.("II_me:
Bun.:DING UNSECtlRED: OPEN TO WEATHER.
S:'Cl'SJ.re\lNSPECI1ON DMS1ON\AI.LOTBEIlImJFFCado ~ BaiIdmp'b B INSJ' FORM SOl S 4llilIodl7-20D4 bv.
e
City of La Porte
e
DANGEROUS BUILDING INSPECTION FORM
DATE: 7-12-04
STREET ADDJmSS: 10910 NORTH L ST
BCAD OWNER.: DAVID L. GLATIER. % HILBURN Ii; ASSOCIA'IES. 12527 CYPRESS N HOUSTON.
STB IOG.CYPRESS. TX 77249
DEED OWNER: DAVID L. GLATI'ER. NO MAJLNG ADDRESS SHOWN
LEGAL: TR om. W 112 OF B 112. LA PORTE DUnOTS
ZONING:
R-l
SEWER
GAS:
YES
YES
NO.OF DWElLING UNITS:
en UNITS
VACANT:
YES
OCCUPIfD:
AS RBQUIRED IN rim Cl1Y'S CODB OF ORDINANCE, CHAPTER. 82; ARTICLE vm. mB BOARD OF
INSPBC110NMADB AN INSPECIlON OF THE AFOREMEN'IlONED PROPERlY, AND DETERMINED mE
BUD.DING LOCATED THEREON, INTBBJR. OPJNION,IS IN FAcr A DANGEROUS BUILDING. FOR. TIm
FOUOWlNG REASONS: . .
Sec. 82-473. Dec1arabon of Public Nuisam:e and Hazanl.
A. Dugerous or Substandard Buildings or Structures.
A building or strueture shall be coDSidered dangerous or substandard whenever it is
determined by ttIe Board, that &DY or all of the foDowing is app6cable:
~l. A building that is wcam. aDd is Dot up to cum:Dt building c:odc standards. 1hesc ~ buildiugs
ean be either open to trespass or boaJded up;
L-2. Whc:ncver any "portion the:reofhas bceD damaged by fire. earthquaIa; wind. flood. or by my other .
c:ausc to such an c::xU:Dt that the stnIdUIal strength or stab~ tI;1ereof is matc:iiaUy I~ than it Was bc:fore such
c:aIasIrophc aud is less than the mi.mnnm rcquirem." of the building cc;xIe mr DeW buildiugs of siuiilai- sIni~ '
pIUpOSC or 1oc:ation; .
i..-3. Whe:Devcr any portion or member or appurteuancc 1he:rcof is likely to &il, or to become delal:b.cd
or dislodged. or to collapse aDd Ihcreby injure persons or damage property; .
~ 4.' Whc:ocver1hc building or struc:turc; or any portion thr:recJ( bcc:ausc of(a) diJapidatiou,
dctcriomticm, or decay; (b) fimhy ecmstructicm; (c) the rcmovaJ. movemc:al or instability ofany porUOD of1he
ground ncccssary fbr thc purpose' of li....pOItiug thc building; (d) thc dett:riondiou, decay, or inadequacy of its
fiJundaJion, or (e) any other cause, is likely to partially or completeJy collapse;
~. WhCD.tM:l', fbr ~ n:asOD, the building or sIn1CIUrc, or any portiOD ~ is manifestly ~ for
the purpose ofwbich it is being ~
L--6. Whenever the building ~ bas bccn so damaged by fire, wind. earthquakeflood. or has
become so dilapidated or deteriorated as to become (a) a public nuisance. (b) a harbor for vagnmts, or as to (c)
enable pcrscms to resort thereto for the purpose of COJIiDIittiDg 1IlIlawful acts;
L--1. Wh~ever a building or structure, used or intended to be used for dwelling purposes. because of
inadequate m..int......ftllC,. diJapidati6D, decay, damage. faulty construction or arrangement. inadequate ligJit, air, or
sauitatiOD fBcililjcs. or athcnvise. is determined by the Board to be umanitary. unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
_8. Whenever any building or stmc:turc, because of obsolescence, dilapidated condition, deteriOration,
damage. inadequate cxits.1ack of sufficie1lt fire-resistive construction, faulty electric wiring. gas connections, or
heating apparatus or other cause. is determined by the Boanl to be a fire hazan:I;
B. Dangerous or substandard electrical, plumbing.; or mechanical installations.
A building or structure shall be considered dangerous or substandard wheocver it is determined by
the Board, that any or aD of the foUowiDg is app6cable:
L-I. Whenever any protective or safety device specified in The Electrical Code and oftbis title is not
provided or is inoperative. defective. dilapidated, or cktcrioratcd so as to threaten to fail or ftmctiOD as originally
imeudcd;
L-2. . Whenever any iDstaIlation or any portioD tbcreofbccausc ofCa) dilapidation, deterioration. or
decay; (b) fiwlty CODSIJuction; (c) obsolescence; (d) inadequate lJI..int..n....cc, which in relation to ~g use
constitutes a hazard to life. healtb. property or safety;
_3. Whenever any installation or any portion tbcreofwhich is damaged by fire, wind. earthquake.
flood or any other cause so as to Nmmt.rt.. a poteutial bazanI to life. health. property ~ safety;
L- 4. Whenever any installation or any portion thercofwas CODStnicted, iDstancd, altered or maintained
in violation oftbe building code and/or fire code so as to constitute a potcotial hazard to life, hca.1J:b. property or
safely.
FnmINGS AND CONCLUSIONS OF TIlE BOARD OF lNSPECTION:
OPTION#l:
(REpAIRABLE - RESID:ijNTIALl
IN ACCORDANCE WIIH THE ClTY'S DANGEROUS Bun.DING REGULATIONS AND lEE 2003 INTERNATIONAL
RESJDENIlAL CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #104-2700 AND #196-2079-
B. USING TIlE REGULATIONS AND CODE AS ITS GUIDE. rr IS TIlE OPlNJON OF lEE DANGEROUS Bun.DING
INSPEC'IlON BOARD mAT nus BUD.DING IS IN FACf DANGEROUS. BUT STlLL REPAlRABLE.. AlL
REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH AlL APPLICABLE CITY OF
. LA PORTE CODES AND ORDINANCES. IF lEE REPAlR. OR ALTERATION ORDER-IS NOT COMP!' nm WITH
WITBIN nm TIMETABLE SET our IN ARTICLE vm. SECTION 82-478. rr IS mEN TIlE OPINION OF THIS
~ARD THAT'IHIS BtJIL1)lNG BE DEMOUSHFD.
fJ - /S.,(J 'I
DATE
. DlIIIFRJIIS BuildiDg JaspectiDII FIlIlJII B1dc 1
Page 3
A'" Adequate
L STRUClUIlAL
A. I'ODDdatioa
1. Slab
2. PieI' &; BeaDi
a. footings
b.Sills
Co Joists
B. WaIb
1. Exterior
2. Interior
C. Mams or Egress
1. DoOJs
a. IDlCrior
b. ExIerior
2. Pon:bes, Steps,
S1airs
3. Wmdaws
D~ Boof
1. Raften
2. Dec:t,. ShbJg1es
E. Ceilinp
1. Joists
2. Ceiling
1'. J'Ioon
D",.em
~
L-
1L--
~
IL--.
L-
A.....-
IL--.
IL--.
IL--.
J!mL..
L-
L-
IL-
L-
H!A.-
Go Other
II. MEHCANICAL SYSTEMS
A. E1a::trical
1. Service EnIamce
&; Panel A.....-
W'uiDg L-
3. Lights, Switches IL-
4. Outlets IL-
s. 0Iher ~
B. PlamblDg .
1. f"1XImes
a. Sink
b. Lavalories
Co WaterICloscIs
d.. ShcrM:r
e WaJez~
2. Wab:r Piping
3. DraiD. Waste .
&:VCIIt
4. Sewer/SqlCic tauk
S. Gas System
C. Beating a AIC
1. HeatiDg
2. Ajr("~
m PROPERlY CONDmONS
L-
A--.
A.....-
A--
. ImL-
ImK.-
L-
~
~
ImK.-
lmL-
1. Aa:essory SImcImes HlA.-
. 2. Condition afGlolmds L-
3. OIlIer
COI.....~
N1A '" Not Applicable
COMMENT I EXPLANATION
e
UNEVEN SElTLEMENT
R.011'ED
UNAB':BTOINSPECI'
ROlTED
SETIl.EMENT CRACKS
RUSTED: ROTIED: OPEN (fRONT)
BROKEN. UNEVEN STEPS
BROKEN. OPEN
UNABLE TO INSPECI'
fACIA R.OTIED: SOmT VENTS OPEN. UNPROlCCI'ED
ROTI'ED
WAT.ERDAMAGE' SHEETROCKfAJ J JO:N"
BUCKLED IN PLACES
MOTTO CODE
PLA.'IES MISSING
COVERS MISSING: BOXED DANGLING
NONE VlSJRT oR
UNAB~ TO INSPEC'l:
SlNIC: DRAIN DISmNNEClED
~RJ R TO INSPECI'
UNABLBTOINSPECr
UNABLE TO INSPEcr
tOOA Rt oR TO INSPEcr
WEEDS cl:DEBRIS
S:'CPSbn'l1NSPECrlON DIVisJoNw.L OTHEUTUFFICodc ~ BuiIdiDp\D B INSP FORM 109101'1 Ldoc07.2Q04 Rn.
.
e
ORDINANCE NO. 2004- J., 710
AN ORDINANCE DECLARING THE BUlLDlNG(S) LOCATED ON LOT (S~ BLOCK
112: ADDITION La Porte. HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE;
ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Charles Martin IS THE
RECORD OWNER (S) OF SAID PROPERTY; ORDERING THE SAID OWNER (S) TO
ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID
OWNER (S) TO COMMENCE SAID REMOVAL OR DEMOLmON WITIllN (10) DAYS
FROM THE EFFECTIVE DATE OF TInS ORDINANCE; ORDERING THE DANGEROUS
BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S);
ORDERING THE CITY SECRETARY TO FORWARD A COPY OF TillS ORDINANCE TO
SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE
CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) 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 Section 82-
472 of the Code of Ordinances as amended by Ordinance #04-2700 that passed and approved on
January 26, 2004, creating a Dangerous Building Inspection Board (the Board) to be composed
of the Building Official or hislher duly authorized representative, the Fire Chief or hislher duly
authorized representative, the Fire Marshal or his/her duly authorized representative; and
WHEREAS, Section 82~474 (a) of said section, as amended by Ordinance #04-2700,
provide that:
Whenever it shall come to the attention of the Board or any member thereof, by reason of
the canying 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 make
a thorough inspection of such building; and
WHEREAS, Section 82-474 (e) of said section, as amended by Ordinance #04-2700, provides
that:
After the inspection provided for in this section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members 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 not
matter what conclusion is stated by the Board; and
WHEREAS, it has heretofore come to the attention of the Board that the building located
on Block 112. Lots 1-2. La Porte. which is further described as 501 S. 4th, Harris County, Texas,
1a bJ4I!().)
?Jod()I(V
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON TRACT 435D W ~ OF
E ~ .ADDITION La Porte Outlots. HARRIS COUNTY, TEXAS, TO BE IN FACT A
NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT David L.
Glatter c/o Hilburn & Associates IS THE RECORD OWNER (S) OF SAID PROPERTY;
ORDERING THE SAID OWNER (S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH
BUILDING; ORDERING THE SAID OWNER (S) TO COMMENCE SAID REMOVAL OR
DEMOLITION WITHIN (10) DAYS FROM THE EFFECTIVE DATE OF TInS
ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO
PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO
FORWARD A COpy OF TInS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE
REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY
SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE
DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
.
.
ORDINANCE NO. 2003- d.11~
WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-
472 of the Code of Ordinances as amended by Ordinance #04-2700 that passed and approved on
January 26, 2004, creating a Dangerous Building Inspection Board (the Board) to be composed
of the Building Official or hislher duly authorized representative, the Fire Chief or hisfher duly
authorized representative, the Fire Marshal or hisfher duly authorized representative; and
WHEREAS, Section 82-474 (a) of said section as amended by Ordinance #04-2700,
provides that:
Whenever it shall come to the attention of the Board 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, make
a thorough inspection of such building; and
WHEREAS, Section 82-474 (e) of said section as amended by Ordinance #04-2700,
provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members 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 that the building located
on TR 435D. W ~ ofE ~. La Porte Outlots. which is further described as 10910 N. L S1.. Harris