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HomeMy WebLinkAboutO-2006-2920 ORDINANCE NO. 2006- ~q~o AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON BIle.. 2 Lots 7-8. Crescent Shores, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Paul Robert Bonner & Wanda Elaine Bonner. J. H. Smith % Elaine Bonner and Paul R. Bonner 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 DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) 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 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, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) 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(s); and WHEREAS, Section 82-474 (e) 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( s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No. 2006- ~ q d-P Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located on Blk. 2. Lots 7-8. Crescent Shores which is further described as 210 Edgewood, 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 public nuisance or hazard, as defined in Section 82-473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, July 5. 2006 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, Paul Robert Bonner & Wanda Elaine Bonner, whose address is P. O. Box 913. La Porte. TX 77572-0913, 1. H. Smith % Elaine Bonner. whose address is P. O. Box 913. La Porte. Tx 77572-0913. and Paul R. Bonner. whose address is, P. O. Box 1128. Montgomery. Ix 77356 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 August 4.2006 (paul Robert Bonner & Wanda Elaine Bonner). August 4.2006 (1. H. Smith % Elaine Bonner). and July 28.2006 (paul R. Bonner). 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 Ordinance No. 2006- ~qM Page 3 WHEREAS, City Council entered its order on August 28. 2006 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 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(s) to be a nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that Paul Robert Bonner & Wanda Elaine Bonner., who resides at P. O. Box 913. La Porte. TX 77572-0913, J. H. Smith % Elaine Bonner. who resides at P. O. Box 913. La Porte. Tx 77572-0913. and Paul R. Bonner. who resides at P. O. Box 1128. Montgomery. Tx. 77356 and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Paul Robert Bonner. & Wanda Elaine Bonner. J. H. Smith % Elaine Bonner. and Paul R. Bonner has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Paul Robert Bonner & Elaine Bonner. J. H. Smith % Elaine Bonner. and Paul R. Bonner to entirely remove or tear down such building(s), and further orders the said Paul Robert Bonner & Elaine Bonner, J. H. Smith % Elaine Bonner. and Paul R. Bonner to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance. 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(s) to be affixed in one or more conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty oflaw. Ordinance No. 2006-~ 4 ~ D, Page 4 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 Paul Robert Bonner & Wanda Elaine Bonner. J. H. Smith % Elaine Bonner. and Paul R. Bonner by registered mail, return receipt requested. Section 8. Should the said Paul Robert Bonner & Wanda Elaine Bonner. J. H. Smith % Elaine Bonner. and Paul R. Bonner not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) 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(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Paul Robert Bonner & Wanda Elaine Bonner. J. H. Smith % Elaine Bonner. and Paul R. Bonner, 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(s), 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. Ordinance No. 2006- ftJff~ Page 5 Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the ~'I)!I- day of ~ ,2006. CITY OF LA PORTE ~ By: ~\~ Mayor ATTEST: ~~ i1vf.)(j City Secretary AP~ .. T~ City Attorney City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 7-5-06 STREET ADDRESS: 210 EDGEWOOD HCAD OWNER: J. H. SMrIH . P. O. BOX 913 - LA PORTE. TX ~572-O913 DEED OWNER: PAUL ROBERT BONNER IJr.. WANDA ELAINE BONNER - P. O. BOX 913 - LA PORTE. TX 77572-0913 OTHER: J H. SMrIH .O/..ELAINE BONNER - P. O. BOX 913 - LA PORTE. TX 77572-0913 OTHER: PAUL R BONNER (SON> - P.O. BOX 1128 - MONTGOMERY. TX 77356 LEGAL: BLOCK 2. LOTS 7-8: CRESCENT SHORES OCCUPANCY TYPE: RESIDENCE NON-cGNFORMlNG ISSUES: ZONING: R-1 YES YES SEWER: YES F Acn.JTIES A V AlLABLE: WATER: ELECTRICAL: GAS: YES NO.OF DWELLING UNITS: VACANT: YES OCCUPIED: AS REQUIRED IN '!HE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VITI, THE BOARD OF INSPECTION MADE AN INSPECIlON OF '!HE AFOREMENTIONED PROPERTY, AND DETERMINED '!HE BUILDING LOCATED THEREON, IN TIIEIR OPINlON, IS IN FACf A DANGEROUS BUILDING, FOR mE FOll.OWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substaudard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the fonowing is applicable: L-l. A building that is vacant, and is not up to CUIreDt building code standards. These vacaut buildings can be either open to trespass or boarded up; 2. Whenever any portion thereofhas been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structuIal strength or stability thereof is materially less 1han it was before such catastrophe and is less 1han the minimum requirements of the building code for new buildings of similar sttucture, purpose or location; L-3. Whenever any portion or member or appurtenance thereof is likely to fuil, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; L- 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) fiwlty construction; (c) the removal., movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-S. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings InspectionFlll1Il Page 2 L- 6. "Whenever the building or structure bas been so damaged by fire, wind, earthquake, or flood, or bas become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for 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 pwposes, because of inadequate m..mtfman"c, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, 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; _8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficieut fire-resistive construction, faulty electric wiring, gas connections, or heating appaiatus or other cause, is determined by the Board to be a the ~ B. Dangerous or substandard electrical, plumbing, or mechanical iostallatioDS. A building or structure shaD be considered dangerous or substandard whenever it is determined by the Board, that any or aD of the following is applicable: L-l. Whenever any protective or safety device specified in The Electrical Code and of1his title is not provided or is iaoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation 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 potential hazard to life, health, property or safety; L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or m..;nt>I;ned in violation of the building code and/or fire code so as to constitute a poteutial hazard to life, health, property or safety . FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #2: ~OT REF AIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE Cl1'Y'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOP'IED. AMENDED AND ENAClED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUlLDING INSPECTION BOARD 'IHAT nns BUlLDlNG IS IN FACT DANGEROUS. BUT NOT REPAIRABLE. AND SHOUlD BE DEMOUSHED. TInS BUILDING DOES NOT PROVIDE THE BASIC MINIMUM HOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL UVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY HEALTIi AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE. x~~, ~ VJ~W 7-10"-Q& B G OFFICIAL'S OFFICE DATE ~/~ . 'S OFFICE i/~~~ 7110/012, S OFFICE DATE 7t1D~'~~ DATE Dangerous Building 1nspect:ioo. F ann A = Adequate L STRUCTURAL A FoundatioB 1. Slab 2. Pier /k. Beam a. Footings b.Sills c.Joists B. WaDs 1. Exterior 2. Interior Means of Egress 1. Doors a. I:ntcrior b. Exterior 2. Porches, Steps, ~ 3. Wmdows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floon G. Other n. MEHCANICAL SYSTEMS A. Electrical 1. Service Enttance /k. Panel 2. WrriDg 3. Lights, Switches 4. Ootlets 5. Other D = Deficient Btm.DING EVALUATION CHECKLIST Page 3 A-- HLA-- HLL- HLL- L- IL- L- A-- L- L- N/A !lliK- L- L- L- ~ XL-- XL-- XL-- XL-- N/A UN!( !lliK- UN!( UN!( !lliK- UNK !lliK- XL-- !lliK- UN!( UNK NlA = Not Applicable COMMENT I EXPLANATION * EXT. WALLS ON ROOM ADDmON HAS ROT &. HOLES: MH EXT. SKIN IS ADEOUATE ROT. HOLES IN INT. WALLS OF ADDmON &. MH MISSING. DAMAGED ON ADDmON &. MH PORCH/STEPS FOR REAR OF MH IS MISSING BROKEN WINDOWS IN ADDmON /k. MH MH METAL RooF- UNABLE TO INSPECT: ADDmONRooF- UNABLE TO INSPECT ROTTED DAMAGED ON ADDmON &. MH MISSING. DAMAGED ON MH BUCKLED. HOLES. DAMAGED ON MH NOT TO CODE NOT TO CODE MISSING. BROKEN IN MH MISSING. DAMAGED IN MH NO PLBG IN ADDmON' UNABLE TO INSPECT IN MH NO PLBGIN ADDmON: UNABLE TO INSPECT IN MH NO PLBG IN ADDmON: UNABLE TO INSPECT IN MH NO PLBG IN ADDmON: UNABLE TO INSPECT IN MH NO PLBG IN ADDmON: UNABLE TO lNSPBCT IN MH NO PLBG IN ADDmON: UNABLE TO INSPECT IN MH NO PLBG IN ADDmON: UNABLE TO INSPECT INMH INT SEWER-UNABLE TO INSPCT: EXT -BROKEN SEWER LINE UNABLE TO INSPECT INMH NO HEATING IN ADDmON' UNABLE TO INSPECT IN MH NO AlC IN ADDmON:UNABLE TO INSPECT INMH DEBRIS. WEEDS METAL CARPORT-HOLES IN METAL ROOFING c~ * ROOM ADDmON IS ON SLAB &. MOBILE HOME METAL UNDERCARRIAGE HAS BLOCKS ON EXISTING SLAB. MOBILE HOME HAS BEEN DECLARED AS AN ABANDONED NON-CONFORMING STRUCTURE IN ANR-l ZONE. B. Plumbing 1. F1XlmeS a. Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste /k. V CDt 4. SewerISeptic lank 5. Gas System C. HedDg &: AlC 1. Heating 2. Air ConditioDing Ill. PROPERTY CONDmONS 1. Ar;cessory StmdDIes HLA-- 2. ConditionafGrounds XL-- 3. Other XL-- S:\Cl'Sbare\lNSPECTION DMSlONIALL OTHER STUFF\Code EaforcemontlDaDg llWIcIiDp\D B lNSP FORM 2]0 EDGEWOOD.c1oc07-2004 Rev. ACTION OF CITY COUNCIL On this, the ~ WI- day of , the City Secretary of the City of La Porte, having received th 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 ofthe City's Code of Ordinances Article VIII, Section 82-478. CITY OF LA PORTE ~~~JlL By: ATTEST: L1l-atffi~ ~~ CIty Secretary CITY SECRETARY'S CERTIFICATE I hereby certify that on the ~ day of ~ ,L, I mailed a notice to the above named owner, in connection with the ove referenced property, saId notice being in accordance with City's Code of Ordinances Article VIII, Section 82-478. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. ~{U~ artha Gillett, TRMC, CMC City Secretary S:\CPShare\Code Enforcement\Action by City Council Fonn.dQc April 2004. Rev.