HomeMy WebLinkAboutO-2004-2770
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ORDINANCE NO. 2004- J.,710
AN ORDINANCE DECLARING THE BUllDING(S) LOCATED ON LOT (S~ BLOCK
112: ADDITION La Porte. HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE;
ORDERING SUCH BUlLDING(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 WITIflN (10) DAYS
FROM THE EFFECTIVE DATE OF TIllS ORDINANCE; ORDERING THE DANGEROUS
BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S);
ORDERING THE CITY SECRETARY TO FORWARD A COPY OF TIDS ORDlNANCE 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 TIlE 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,
provide 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 tiled 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,
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Ordinance No. 2004- ~ 11) [), Page 2
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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 9.
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, Charles Martin. whose address is 1424 Waseca St.. Houston. TX 77055-4412,
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) received said notice on Certified mail returned "refused" on 08-11-04. 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;
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 COUNCn. OF THE CITY OF LA PORTE:
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Ordinance No. 20040 )'11 D , 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, 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 Charles
Martin, who resides at 1424 Waseca St.. Houston. TX 77055-4412 and is the record owner(s) of
the property on which this building is situated, and that as such record owner(s), the said Charles
Martin has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Charles Martin to entirely
remove or tear down such building, and further orders the said Charles Martin 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 Charles Martin. by
registered mail, return receipt requested.
Section 8. Should the said Charles Marti!\. 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 Charles
Marti!\. 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
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Ordinance No. 2004-J..11 b . Page 4
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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 'lj-#-. day of .1iI:-. 2004.
CITY OF ~PORTE <'0
By: ~~. f~
Mayor
ATTEST:
~Juj6--(IjL;LI
City Secretary
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ACTION OF CITY COUNCIL
On this, the 28th day of September, 2004. the City Secretary of the City
of La Porte, having received the above and foregoing report from the Dangerous Building
Inspection Board of the City of La Porte, the City Secretary of the City of La Porte is
hereby ordered to notify the owner in writing in accordance with the provisions of the
City's Code of Ordinances Article VIII, Section 82-478, as amended by Ordinance #04-
2700.
CITY OF LA PORTE
~~
By:
ATTEST:
<-fV/auk !itl);
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the lJj!-- day of ()tMf'r , I mailed a
notice to the above named owner, in connection with the above referenced property, said
notice being in accordance with City's Code of Ordinances Article VIII, Section 82-478,
as amended by Ordinance #04-2700. A copy of said notice is attached hereto. Said
notice included a copy of the Dangerous Building Inspection Form attached hereto.
LtltdtL6. oI//P
Martha Gillett
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Fonn.doc
April 2004. Rev.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
09/27/04
Aooroo riation
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 Ordinancell
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 sepamtely. 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. 4lh, 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..()ctober anticipating the demolition of the structure prior to the new owners closing on the property.
The Board (Chief Building Official, Fire Marshal and Fire Oriet) 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.
Aooroved for Citv Council Aeenda
ri~~~~~
Cf -- ~~ -b f
Date
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· '-1I)1.-/of G
ASKINS & ARMSTRONG, P.C. 6', rY\.r
ATTORNEYS AT LAW /'l " D f f7~
702 W. FAIRMONT PARKWAY V. i _p~')
P. O. BOX 1218 Vv Jrl
LA PORTE, TEXAS 77572-1218 1'D j
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.nel
claskins@swbell.nel ,0<..0
,~ ~ 'l:-l
p.~h.- ~ ().Lf
~~)
,~\tk ~
CLARK T. ASKINS
SE? 2 2 20D4
..... .. ~ ~ ..' . .-
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, safety, 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 every opportunity to respond to the
proposed council action, but has received. 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,
~/,~
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-l) Zone)
Legal Description: Blk. 112; Lots 1,2; La Porte
HCAD #023-221-012-0001
Tax Roll: Charles Martin - 1424 Waseca S1. - 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-famiiy dwelling in a Low Density (R-l) Zone)
Legal Description: Tr. 435D; W. ~ ofE. ~; La Porte Outlots
HCAD #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
DANGEROUS BUILDING INSPECTION FORM
DAm: 7-9-04
STREET ADDRESS: 501 S 4ni
HCAD OWNER: ("RAllY p-~ MARTIN. 1424 WASECA ST. HOUSTON. 'IX 77055-4412
DEED OWNER: UNIVERSAL CHURCH OF ADORATION. 520 BAYWOOD LAPORTE 'IX 77571
LEGAL:
LTS 1.2.. BLKII2.. LAPORTE
OCCUPANCY TYPE: RESIDENTIAL ACCESSORY BUILDING
ZONING:
R-I
NON-<X>NFORMING ISSUES: ACCESSORY BUILDING REQUIRES PRIMARY STRUClURE.
FACIUI1ES AVAILABLE: WATER. YES
ELECTRICAL: YES
SEWER
GAS:
YES
YES
NO.OF DWEIJ.JNG UNITS:
(olUNITS
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE crrY'S CODE OF ORDINANCE, CHAPTER. 82; ARTICLE vm. THE BOARD OF
INSPEC110NMADB AN INSPECl10N OF THE AFOREMENT10NED PROPERTY, AND DETERMINED THE
BUILDING LOCATED mERBON, IN THEIR. OPINION, IS IN FAcr A DANGEROUS BUJLDING. FOR. THE
FOLLOWING REASONS:
Sec. 82-473. DeclaratioDofPublicN~andHazard.
A. Dmgerous or Substandard Buildings or Structurei. .
A building or structure shaD be considered daDgerous or substandard wheaever it is
determmed by the Board, that aD1 or aD 01 the 10Do~g is app6cable:
L-l. A building tbat is vacant, and is not up to curreDt building code standards. These vacant buildings
can be eithCl' open to trespass or boarded up;
L-2. WbeDcver any portion tbcreofbas been damaged by fire, carthqualce. wind, flood, or..by auy other
cause to such an r:x,te:at that 1JJc struclD1'aI stn:Dgth or sIabi1ity thereof is ~y less than it. Was bc;fOrc.such
catastrophe and is lesS tban 1he ~ rcquiraDcnts of1he building code fur DeW buildings of similar stmc:ture,
purpose or location; .'
L-3. Whenever lID)' portion or member or appurtc:aance thereof is likely to WI, or to become detached
or dislodged, or to collapse aud 1bereby injure persons or damage property;
L- 4. Wheuever the building or SbUCIure, or any portion 1hcreo( because of (a) dilapidation.
deterioraDou. or decay; (b) 1imhy CODSbUcticm; (c) the removal, movemeat or iDstabiJity ofany portion of the
ground necessary fOr the purpose of supporting the building; (d) the deterioration. decay, or inadequacy of its
foaDda1icm. or (e) any oIber cause, is likely to partially or completely collapse;
L-S. WheDever. for any reascm. the building or SIrUCIm'e, or any portion therco( is lDlIDifcstJy unsafe for
the purpose of which it is being used;
Drmaerous BuildiDgs lDspc:ctiOD Form BJIlg ] e rage ,l,
L-6. Whenever the building or structure bas been so damaged by fire. wind, eanbquake. ad, or bas
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
CDable persons to resort thereto for the pwpose of committing unlawful acts;
L-7. Whenever a building or structure. used or intended to be used for dwelling purposes, because of
iDadequatc mllint....~ diJapidaDon. decay, damage, fauhy construction or anangemCDt. iDadcquate light. air, or
sanitaDon &cili1ies, 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 disease;
L-8. Whenever any building or structure. because of obsolescence, dilapidated condition, deterioration.
damage. inadequate exits. Jack of sufficient fire-resistive construction. fimlty electric wiring. gas connections. or
heatibg apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical iDStallations.
A building or structure shall be c:ousidered daagerous or substandard whenever it is determined by
the Board, that my or all ofthe roDowing is app6c:able:
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 deteriorated so as to tbreateD to WI or fimction as origiDally
intended;
. L-2. Whenever any instillation or any portion thcrcOfbecause of (a) dilapidation. deterioration, or
decay; (b) fiw1ty construction; (c) obsolescence; (d) inadequate maintenance, which in re1ation to existing use
constitutes a hazard to life, health. property or safety;
~3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake,
flood or any other cause so as to constitute a poteutia1 hazard to life, hcaIth, property or safety;
~ 4. Whenever any instillation or any portion thcreofwas constructed, installed, a1tered or rPllintllinP.ll
in violation ofthc building code and/or fire code so as to constitute a potential hazard to life, health. property or
safely. .
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #2:
(NOT REPAIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH THE CIIY"S DANGEROUS BUILDING REGULATIONS AND mE 2003 INTERNATIONAL
RESIDENTIAL CODE. AS ADOPI'ED. AMENDED AND ENAC'IED BY CITY. OIU>INANCE #104-2700 AND #96-2079-
B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS nm OPINION OF nm DANGEROUS BUILDING
INSPECIlON BOARD mAT nus BUILDING IS IN FACT DANGEROUS. Bur NOT REPAIRABLE.. AND SHOUlD
BE DEMOUSHED. 'IHIS BUILDING DOES NOT PROVIDE mE BASIC MnnMUM HOUSING STANDARDS
DEEMED ESSENTIAL FOR SAFE AND HEALTHfUL lJVING FOR A RESIDENTIAL OCCUPANCY AND IS A
1HREAT TO PUBUC SAFETY. HEALTH AND nm GENERAL WELFARE OF THE CITIZENS OF LA PORlE.
~~, bJ~tYW
BUD..DING OmClAL'S OmCE
'1_1.s-tJ~
DATE
~~
x LJ~m. &~
FIRE aDEFS OmCE
7/!r. A'r
DATE
uangerous l:MIamg JDSpeCllOlll'"DI'ID J:SJdg 1
A = Adequate
L STRUC'IlJRAL
A. Foundadon
1. Slab
2. Piez & Beam
a Footings
b. Sills
c. Joists
B. WaDI
1. Exterior
2. Interior
Co MeaIII of Egress
1. Doom
alDlaior
b. Exterior
2. PoJChes, Steps,
Stairs
3. W'mdows
D. Roof
1. Rafters
2. Dcdc, Shingles
Eo CeiJiDp
1. Joists
2. CeiliDg
r. Moon
e
rage,)
D = Deficient
BUILDING EV ALUAnON CBltCKLIST
e
1L-
N!A-
HlA.-
N!A-
IL-
IL-
XL-
XL-
HlA-
XL-
~
IL.-
XL-
XL--
mL-
Hl..L-
G. Other"
D. MEHCANICAL SYSTEMS
A. EledricaI
1. Service En1mnce
&PaDd ~
W'uiDg ~
3. Ugbts, Switches m!K.-
4. Outlets ~
S. ~ HlA.-
B. Plumbing
1. rlXtDres
a. Sink
b. Lavatories
c. WIIItZICIoseIs"
d. Shower
e Watc:r Hcater
2. Wa=PipiDg
3. Dram, Waste
AVail
4. SewcrJSeptic 1BDk
5. Gas System
C. Baling a AlC
1. Bca!iDg
2. Air OmdiricmirJg .
m ~0PER.1Y CX>NDmom
1. A=ssory StmcbJrcs HlA...-
2. Ccmdi1iml of GroaudI IL-
3. Other
{mn1llMllc:
&--
I.1HK.- "
l!HIL- "
maL-
~
1H-
11HlL.
~
lmK-
&L-
HlA.-
N/A" Not Applicable
COMMENT IEXPLANATION
UNEVEN SETILEMENT & INTERIOR CRACKS VISlBLE FROM
WINDOW
RO'ITED: HOLES
HOLES IN PANELING VISIBLE FROM WINDOW
RDTrED. VISIBLE FROM WINDOW
ROITED
BROKEN GLASS. OPEN. ROT1ED
RAFTERS & RAFIGJl TAILS ROTl'ED
FACIA BOARD ROTl'ED: RUSlED METAL
RO'ITED
DETERIORATED
UNABLE TO INSPECT
RUSTED RJ!i:F.R
UNABLE TO INSPEcr
UNABLE TO INSPECI'
UNABLE TO lNSPBcr
UNART ~ TO INSPECI'
UNABLE TO 1NSPECl'
. UNABLE TO 1NSPECl' .
UNA RT ~ TO 1NSPECl'
UNABLE TO 1NSPECl'
UNABLE TO INSPECl'
UNABLE TO INSPECT
UNABLE TO INSPECT
WEEDS. GRAFITTI. DEBRIS
BUIlJ)ING UNSECURED: OPEN TO WEATHER.
s:aom.rellNSPECTION DIVlSION\AIJ.OTBEIlImJf1'Code ~& BaildiapID B INSJ> FORM SOl S 4TB.d0c07.2004:an.
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City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DJl1l!: 7-12~4
STREET AJ)D!lESS: 10910 NORTIlL ST
HCAI> OWNER: DJl vm L. GLATIER % HILBURN &: J.SSOCIA.1ES. 12527 CYPRESS N HOUSTON.
STE 100 CYPRESS. TX 77249
DEED OWNER: DJl VID L. G1ATI'ER.. NO MAlLING AJ)DRESS SHOWN
LEGAL: TR. 43SI>. W 112 OF E 112. LA. POR1l! OUTLOTS
OCCUPJ.NCY TYPE: RESIDENCE
N:ON-WNFORMlNG ISSUES: NONE
FAClLlTlES AVAlLABLE: WATER YES
ELECTRICAL: YES
ZONING:
R-I
SEWER
GAS:
YES
YES
NO.OF DWELLING UNITS:
m UNITS
VACANT:
YES
OCCUPlEI>: .
AS REQUIRED IN THE crIY'S COI>E OF ORDINANCE. CHAPTE:R 82; ARTIa..E vm. THE BOAR]) OF
INSPECTlONMAI>B J.NlNSPBCllON OF THE AFOREMBNnONED PROPERTY, ANI> DEI'ERMINEI> THE
BUllDING LOCA.1ED 'I'HEREON,INTHEJR. OP,lNION, IS IN FJlCC Jl DANGEROUS BUD.DlNG. FOR THE
FOUOWlNG REASONS:
Sec. 82-473. I>ecIaIa1ion of Public Nuisance and Hazanl.
Jl. Dangerous or Substandard Buildings or Structures.
A buDding or sfradare shaD be considered daD&erous or substaDdard whenever it is
determined by the Board, that any or aU of tbe foRowing is applicable:
i-l. A building that is vaamt, and is Dot up to CIUI'CDt building code standaJds. These vacaut buildiugs
can be either open to trespass or boaIdcd up;
::1.--2. Whc:never- any portion tbereofhas been damaged by fire. earthquake. wind. flood, or by aD)' other .
cause to such an c:xteD11bat the structural strcDgth or stability thereof is mateiia1Jy less than it was before such
catastrophe and is less 1ban the minimnm requiIem.'otthe building code fur neW buildings ofsiuiilar sIni~.
purpose or location; .
i-3. Whenever any portion or member or appurteoancc tbereofis likely to &il, or to become detached
or dislodged, or to collapse and thc::reby injure persons or damage property;
i- 4. WhcDcver the building or structure. or aD)' portion tbc:reo( because o1'(a) dilapidation.
dc:tericmd:ion. or decay; (b) f8uhy CODStnlcIicm; (e) the rc:movaJ. movcmc::al or instability ofany portion oftbe
groundJlCCeSSaolforthe purpose ofs~tiusthe buildiDg; (d) Ibc deteriondion. decay, or iaadequacy ofits
fcnmdation. or (e) any other cause. is likely to partially or completely coUapsc;
~S. WhCDeVa', for any reason. thebuilcIiDg or struc:lDre, or aD)'portion tberec( is DIlIDifestIy 1IDS8fc for
the purpose of which it is beiDg ~
---y.----. . w - . - e -
~6. Whenever the buildiDg or stnJcturc has been so damaged by fire, wind. car1hquake. ~ or bas
become so dilapidated or deteriorated as to become <a) a public DUisance, (b) a harbor for vagrants, or as to (c)
cuable pcrscms to resort thereto Cor the purpose of committing UDlawful acts;
L-7. Whenever a buildiDg or stnJclme, used or intended to be used for dwelling pwposes, b~ of
inadequate mllint......n....e, dilapidation, decay, damage. faulty construction or arrangement, inadequate light. air, or
sanitation &cililies, or otherwise. is determined by the Board to be UllPnimry, unfit for human habitation or in
such a condition that is likely to cause sickDess or disease;
_8. Whenever uy building or structure, because of obsolcsCCDce, dilapidated coDdition, deterioration,
damage. inadequate exits, lack of suOicie:at fire-resistive construction, fimlty electric wiring, gas CODDectiODS. or
heating apparatus or other cause. is determined by the Board to be a fire bazanI;
B. Dangerous or sabstaDdard electrical, plumbing, or mechanical installations.
A buildiDg or structure shall be considered dugerous or substandard whenever it is determined by
the Board, that &DY or aD of the foUowing is appUcable:
L-I. Whenever uy protective or safely device specified in The Electrical Code and of this title is not
provided or is inoperative; defective. dilapidated. or deteriorated so as to tbn:aten to fiill or ftmction as origiDally
intended; .
:!..-2. WhCllever any installation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) faulty ccmstruction; (c) obsolescence; (d) iDadequase ItIAin1P.n:ml".f'.. which in relation to ~g use
CQD...M.1tCS a hazard to life. hcaltb. property or safety;
_3. Whenever any installation or any portion thereoCwhich is damaged by fue. wind. earthquake.
flood or any other cause so as to ccmstitutc a poteDtial hazard to life. health, property or safely;
L- 4. Whenever any installation or any portion thereof was coDStructcd, iDstallcd. altered or maintained
ill violatiOD of the building code and/or fire code so as to constitute a potcDtial hazard to life. health, property or
safety.
FINDINGS AND CONCLUSIONS OF !HE BOARD OF INSPECTION:
OPTION #1:
lREPAIRABLE - RESIDENTIAl.)
IN ACCORDANCE wrm mE crIYS DANGEROUS BunnING REGULA110NS AND !HE 2003 lNTERNA110NAL
In::t~mEN'I1AL CODE. AS ADOPTED. AMENDED AND ENACIED BY CI'IY_ ORDINANCE 1104-2700 AND tl96-2079-
B. USING !HE REGULATIONS AND CODE AS ITS GUJDE. IT IS !HE OPINION OF !HE DANGEROUS BUILDING
INSPEC'l10NBOARD THAT 1lIIS BunnING IS INFACf DANGEROUS. BUr STILL REP.AJRABLE. AIL
REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE wrm AIL APPLICABLE CI'IY OF
LA PORTE CODES AND ORDINANr.R~ IF THE REPAIR OR ALTERA110N ORDER IS NOT CY)MPJ :nm wrm
WITHIN 1BE TIMETABLE SET our IN ARTICLE vm SECTION 82-478 IT IS THEN !HE OPINION OF nus
~ARD mAT'lliIS BunnING BE DEMOLISHED.
~ -IS ..(Jlj
DATE
x lJJ. ~4Z.
FJRE aDEP'S CE
?/llr"/o~
DATE
0IIIIgr:ruas BuiIdiDg IDspc:c:Iilll FCII1II Blda 1
PBge 3 .
A" AdeqDafc ~... N1A .. Not AppHcablc e
L STRUClURAL COMMENT I EXPLANATION
A. l'oudatioD
I. Slab HlA.....-
2. Pier A Beam
a Footings IL- UNEVEN SETILEMENT
b. SiBs IL- ROTI'ED
c. Joists mnL. UNAB~TOINSPECT
B. WaDs
I. Exterior I2-- R.O'ITED
2. Interior IL--. SBTn.EMENT CRACKS
C. MaDs orEgresI
1. Doom
a lDtaior L-
b. Exterior IL-- RUSTED: ROTI'ED: OPEN lFRONTI
2. Porches, Steps,
Stairs IL-- BROKEN. UNEVEN Sl'EPS
3. Wmdows L- BROKEN. OPEN
alt80f
1. Raftas ~ UNABLE TO INSPECT
2. Dect. Shingles L- FACIA llOTIED: SOFFIT VENTS OPEN. UNPROTEClED
Eo CeiliDp
1. Joists IL-- ROTI'ED
2. Ceiling L- WATER DAMAGE: SHEE'I'R.OCKF}.r r nr
1'. I100n lL- BUCKLED IN PLACES
G. Other NlA-
n. MEHCANICAL SYSTEMS
A. Elec:tricaI
1. Service En1mncc
APaDeI A-
W"uiDg IL--
3. Ligbts, Switches IL--
4. Outlets D
S. Other HLA-
B. Plambiag
1. rlXlDns
aSiDk
b. Lavatories
c. WatcrIQosets
cLShower
C Willer Hcafl:r
2. Wider PipiDg
3. Dram. WIISte
A Veal .
4. SeM:rJSeptic llmk
S. Gas System
C. BeadDg a AIC
1. BeaIiD&
2. .Air CnnIfitI~
m PROPERlY CONDmoNS
A---
A-'
L-
A-
I.mK-
12HK-
IL-
J.l!iIL..
~
ImK-
1&-
1. A=ssory StmI::Imes HLA-
. 2. CcmlIitioD of GroIIDds lL-
3. 0Ihcr
Co..... ~.""
NOT TO CODE
PLATES MISSING
COVERS MISSING: BOXED DANGLING
NONE VISIBLE
UNABLE TO INSPECr
SO<< DRAIN DISCONNEC'nID
UNJ.m R TO INSPECT
UNABLETOlNSP.ECI'
UNA RT :R TO INSPECT
1m. "r :R TO INSPECT
WEEDS ADEBRIS
S:'Cl'Sbn\IN!lPIlC'I10N DlVJSTON\AU.O'l1IER. snJFFoCodI ~\DIBa BaIk\iIIp'D BINS' FOIlN lllPlD N LdocD7-2DD4 Rn.
.
ORDINANCE NO.
~ r\' tLbV L~ ..j)
2004- "J-11 D 'I '!JD ~ WorJ
AN ORDINANCE DECLARING THE BUlLDING(S) LOCATED ON LOT (S)l -2, BLOCK
112:" ADDITION La Porte. HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE;
ORDERING SUCH BUll..DING(S) CONDEMNED; FINDING THAT Charles Martin IS THE
RECORD OWNER (S) OF SAID PROPERTY; ORDERING TIlE SAID OWNER (S) TO
ENTIRELY REMOVE OR TEAR DOWN SUCH BUllDING(S); ORDERING THE SAID
OWNER (S) TO COMMENCE SAID REMOVAL OR DEMOLmON WITIDN (10) DAYS
FROM THE EFFECTIVE DATE OF TInS ORDINANCE; ORDERING THE DANGEROUS
Bun.DING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUllDING(S);
ORDERING THE CITY SECRETARY TO FORWARD A COpy OF TInS ORDINANCE TO
SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUlLDING(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 WIlH 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 SOl S. 4th. Harris County, Texas,