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HomeMy WebLinkAboutO-2006-2922 ORDINANCE NO. 2006- ~ q [)..!f AN ORDINANCE DECLARING THE BlJaDING(S) LOCATED ON Blk 24 Lots 31-36. Bayfront, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BlJaDING(S) CONDEMNED; FINDING THAT C. D. Wilkinson. Charles D. WilkinsoaTIt and Dave Gaar. IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BlJaDING(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 BlJaDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BlJaDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BlJaDING(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- ~ 4 ~ }- Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located on Blk. 24. Lots 31-36. Bayfront which is further described as 1911 Roscoe, 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, June 22. 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, C. D. Wilkinson, whose address is 23 Bahama Dr.. Key Allegro. Rockport. TX 78382-3703, Charles D. Wilkinson. III whose address is P. O. Box 27559. Houston. Tx. 77027. and Dave Gaar whose address is 742 S. BlackwelL La Porte. Tx. 77571 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 July 28.2006 (c. D Wilkinson). Post Office Attempted Delivery on July 26.2006 (c. D. Wilkinson. III). and July 26.2006 (Dave Gaar). 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; Ordinance No. 2006- ft. t)~, ;-- Page 3 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 28. 2006 a day which is within fifteen (15) days after the termination ofthe 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 C. D. Wilkinson, who resides at 23 Bahama Dr.. Key Allegro. Rockport. TX 78382-3703. Charles D. Wilkinson III. who resides at P.O. Box 27559. Houston. Tx. 77027. and Dave Gaar who resides at 742 S. Blackwell. La Porte. Tx. 77571 and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said C. D. Wilkinson. Charles D. Wilkinson. ill, and Dave Gaar has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said C. D. Wilkinson. Charles D. Wilkinson. III and CD. Wilkinson and Dave Gaar to entirely remove or tear down such building(s), and further orders the said C. D. Wilkinson. Charles D. Wilkinson III. and Dave Gaar 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 Ordinance No. 2006- ~ 4 J-J- Page 4 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 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 C. D. Wilkinson. Charles D. Wilkinson III and Dave Gaar, by registered mail, return receipt requested. Section 8. Should the said C. D. Wilkinson. Charles D. Wilkinson. ID. and Dave Gaar, 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 C. D. Wilkinson. Charles D. Wilkinson. III, C. D. Wilkinson and Dave Gaar 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-J. q (}.;2. 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 ;? ~ay of ;JN~ ' 2006. CITYpzL~PORTE ~ By: ~~t~ Mayor ATTEST: ~ t /(jjfrJ; ~//i! City Secretary APPROVED: aAT~ City Attorney ACTION OF CITY COUNCIL On this, the ~ ofl-- day of , the City Secretary of the City of La Porte, having received the ab ve and foregoing report from the Dangerous Building Inspection Board of the City 0 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 VITI, Section 82-478. CITY OF LA PORTE By: ~pckJdL- ATTEST: '. ~6iIB &4t! City Secretary CITY SECRETARY'S CERTIFICATE I hereby certify that on th~ day of , -. 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. ~d- I<LutJ/ artha Gillett, TRMC, CMC City Secretary S:\CPShare\Code Enforcement\Action by City Council Form.doc April 2004. Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-22-06 STREET ADDRESS: 1911 Roscoe HCAD OWNER: C. D. wn...KINSON - 23 BAHAMA DR - ROCKeORT. TX 78382-3703 - DEED OWNER: CHARLES D. WILKINSON:g:r - P. O. BOX 27559 - HOUSTON. TX 77027 OTHER: C. D. wn...KINSON - 23 BAHAMA DR - KEY AT.T J:<GRO - ROCKPORT. TX 78382-3703 LEGAL: BLK 24. LTS 31-36. BAYFRONT OCCUPANCY~: RESIDENCE NON..coNFORMlNG ISSUES: N/A ZONlNG: R-1 F ACILlTIES A V AlLABLE: W A'IER; YES SEWER; ELEcrRICAL: YES GAS: YES YES NO.OF DWELLING UNITS: (l) VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vm. mE BOARD OF INSPECTION MADE AN INSPECTION OF mE AFOREMENTIONED PROPERTY, AND DETERMINED mE BUILDING LOCA'IED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR mE FOlLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard 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 foDowing is applicable: ~l. A building that is vacant, and is not up to curreut building code standards. These vacant buildings can be either open to trespass or boarded up; L-2. Whenever any portion thereofbas been damaged by fire, earthquake, wind, flood, or by any other cause to such an exteIIt that the struct.UIal strength or stability thereof is materially less than it was before such ca1astrophe and is less 1han the minimum requirements of the building code for new buildings of similar structure, purpose or location; L-3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged. or to collapse and thereby injure persons or damage property; L- 4" Whenever the building or st:ructure. or any portion thereot: because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movemCDt or instability of any portion of1he ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its fuundation, or (e) any other cause, is likely to partially or completely collapse; L-5. Whenever, for any reason, the building or structure, or any portion thereat: is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings 1Dspectian Foml Page 2 ~ 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a haIbor for VlIgI3D1S, or as to (c) enable persons to resort tbcreto for the purpose of commi1ring unlawful acts; ~ 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate m,.;ntma'l<".e, dilapidation, decay, damage, faulty construction or ammgement. inadequate ligbt., air, or sanitation fucilities, 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 sufficient fire-resistive construction, faulty electric wiring. gas connections, or heating appaiatus or other cause, is determined by the Board to be a fiR: hazard; - B. Dangerous or substandard eJec:trkal, plumbing, or mechauica1 installatious. A building or structure shall be considered dangerous or substandard wbeDever it is determined by the Board, that any or all of the foOowing is applicable: L-L Whenever any protective or safety device specified in The Elec:trical 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; . ~2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maint.enMce, 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; ~ 4. Whenever any installation or any portion tbcreof was constructed, installed, a.I:t:ered or mlIim..ined in violation of the building code andlor fire code so as to constitute a poteDtia1 hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF 'IRE BOARD OF INSPECTION: OPTION #1: (JtEP AIRABLE - RESIDENTIAL) IN ACCORDANCE wrm THE CITY'S DANGEROUS Bun..DING REGULATIONS AND TIm 2003 lNTERNATIONAL RESIDENTIAL CODE. AS ADOPTED AMENDED AND ENAClED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS TIm OPINION OF THE DANGEROUS BUlLDING INSPECl10NBOARD 'IHATTInS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIR.ABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE wrm ALL APPLICJI. RT F CITY OF LA PORlE CODES AND ORDINANCES. IF TIm REPAlR OR ALTERATION ORDER IS NOT COMPr.lF.T) WITH wrmIN 'mE TIMET ABLE SET our IN ARTICLE vm. SECTION 82-478. IT IS 'IHEN TIm OPINION OF THIS BOARD mAT THIS BUUDING BE DEMOLISHED. x~J... -~ lvJ'i7'fg.W Q-/f7-t'6 BUILDING OFFICIAL'S OFFICE DAlE xa~' FIRE OFF! J/JltP~ S OFFICE . 1~r1~ ~~~ I DAlE Dangerous Building Inspec:tion FOIID Page 3 BUlLDING EVALUATION CHECKLIST A = Adequate D = Deficient NlA = Not Applicable L STRUCTURAL COMMENT I EXPLANATION A. FOUDdatioa 1. Slab HLA- 2. Pier &. Beam a. Footings IL-- UNEVEN SETILEMENT b.Sills UNK UNABLE TO INSPECT c. Joists UNK UNABLE TO INSPECI' - B. Walls 1. Exterior IL-- ROT. HOLES 2. Interior UNK UNABLE TO INSPECT c. MeaDs ofEgresI 1. Doors a. Inlerior UNK UNABLE TO INSPECI' b.aterior A-- 2. Pozt:hes, Steps, Stairs IL-- BACK PORCH NOT SUPPORTED 3. Wmdows L- ROT AT FRAME: MISSING GLASS D. :Roof 1. Rafters UNK UNABLE TO INSPECI' 2. Deck, Shingles L- DECKROT.HOLES. FACIA ROT E. Ceilings 1. Joists UNK UNABLE TO lNSPECI' 2. Ceiling UNK UNABLE TO INSPECI' F. Floors UNK UNABLE TO INSPECI' G. Olher HLA- B. Plumbing 1. F1XlDres a. Sink: b. Lavatories c. WaterJOosetS d Sboweri'Tub e Water Heater 2. Water Piping 3. Drain, Waste &'Vent 4. Sewer!Septic tank S. Gas System C. BeatiIa: & AlC 1. &ating 2. Air CoaditioDiug m. PROPERTY CONDITIONS 1. Act:1:ssory StIuctures ~ 2. Condition of Grounds A-- 3. Other n. :MEHCANICAL SYSTEMS A. E1ec:tricaI 1. Service Entnmce &. Panel 2. WIring 3. lights, Switches 4. Outlets S. Other Comments: IL-- !lliK...- !lliK...- UNK HLA- !lliK...- L- IL-- IL-- !mIL- UNK ~ ~ ~ ~ A-- PANEL NOT TO CODE UNABLETOINSPECI' UNABLE TO INSPECI' UNABLETOINSPECI' UNABLE TO INSPECT OLD. POOR CONDITION OLD. POOR CONDITION OLD. POOR CONDmON UN), 'RT P. TO INSPECT UNABLE TO INSPECI' UNABLE TO INSPECI' UNABLE TO INSPECI' UNABLE TO INSPECI' WINDOW UNITS S:\CPSbare\INSPECTION DM8ION\ALL OrnER STIJFP\CocIe EDforcemeatIDaDg BuiIdingoID B INSP FORM 1911 ROSCOE.cIoc()7-2004 Rev.