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HomeMy WebLinkAboutO-2006-2923 ORDINANCE NO. 2006- ~ttd:- ~ ---' AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk. 240. Lots 8. 9. & S 7' ofLt 7 & N 4.58'ofLt 10 & Adi. Strip. San Jacinto Homes, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Paul Schaider & Elaine Schaider 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~ 3 Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located on Blk. 240. Lots 8. 9 & S 7' ofLt 7 & N 4.58' onot 10. & Adj. Strip, San Jacinto Homes which is further described as 513 S. Virginia, 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 21. 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 Schaider & Elaine Schaider. whose address is 1608 Roscoe. 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 26.2006. 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- ~ q jJ 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 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 Schaider & Elaine Schaider, who resides at 1608 Roscoe. 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 Paul Schaider & Elaine Schaider has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Paul Schaider & Elaine Schaider to entirely remove or tear down such building( s), and further orders the said Paul Schaider & Elaine Schaider 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- ~qvt3 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 Paul Schaider & Elaine Schaider, by registered mail, return receipt requested. Section 8. Should the said Paul Schaider & Elaine Schaider, 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 Schaider & Elaine Schaider, 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. 2006v1 q~3 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 ~ ~daY of /1u f'd ' 2006. CIT~ LAPOR~_ BY:~'~ Mayor ATTEST: , ~dl4~ r4d/JI CIty Secretary APPR~ ~ tt4 /. ~A~ City Attorney ACTION OF CITY COUNCIL On this, the ;?~ day of (J~ . ~O() (, , the City Secretary of the City of La Porte, having received t 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 VITI, Section 82-478. CITY OF LA PORTE By: rb ,bw~ tfL-. ATTEST: ~tliiia, I;! ail City Secretary CITY SECRETARY'S CERTIFICATE I hereby certify that on the 3J trt 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. '- ~4Jth, ~ Mart a Gillett, RMC, CMC City Secretary S:\CPShare\Code Enforcement\Action by City Council Form.doc April 2004. Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DAlE: 6-21-06 STREET ADDRESS: 513 S VIRGINIA HCAD OWNER: CITY OF LA PORTE - DEED OWNER: PAUL SCHAIDER &. ELAINE SCHAlDER -1608 ROSCOE A \/E- LA PORTE. TX 77571 OTHER: 2005 TAX RESALE: PAUL J. SCHAIDER - 1608 ROSCOE - LA PORTE. TX 77571 LEGAL:BLK240. LTS 8. 9&. S7'OFLOT7 &N 4.58'OFLOT 10 &.ADJ. STRIP. SAN JACINTO HOMES OCCUPANCY 1:YPE: RESIDENCE ZONING: R-1 NON-CONFORMING ISSUES: N/A F AClLITIES A V AlLABLE: WATER.; YES SEWER: YES ELECTRICAL: YES GAS: YES NO.OF DWELLlNG UNITS: (1) VACANT: YES OCCUPIED: AS REQumED IN THE ClTY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vm, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUIlDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUlLDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shaD be cODSidered dangerous or substandard "believer it is determined by the Board, that any or all of the following is applicable: ~l. A building that is vacant, and is not up to current 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 extent that the structmal strength or stability thereof is materially less than it was before such catastrophe and is less than the minirmun requirements of the building code for new buildings of similar structure, puzpose 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 structure, or any portion thereo~ because of (a) dilapidation, deterioration, or decay; (b) faulty constroction; (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 thereot: is manifestly unsafe for the purpose of which it is being used; DaDg=rous BuikliiIgs Inspection F onn Page 2 L-6. Whenever the building or structure has been SO damaged by fire, wind, ea.rtbquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagr.mts, or as to (c) enable persons to resort thereto for the pwpose of cO.I....itti..g unlawful acts; _7. Whenever a building or structore, used or intended to be used for dwelling purposes, because of iDadequate maint_~ dilapidation, decay, damage. faulty ccmstruc:tion or ammgement, inadequate light, air, or sanitation fucilities, or otherwise, is determined by the Board to be unsanitaIy, unfit for human habitation or in such a. condition 1hat is likely 10 cause sickness or disease; _8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, iDadequ.ate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating appaiatus or other cause, is determined by 1he Board 10 be a me hazard; - B. Dan&erous or substandard electrical, plumbing, or mechanical installations. A buildiag or structure shaD be eoosidered dangerous or substandard whenever it is determined by the Board, that any or aD of the foDowing is applicable: _1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is moperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally iDtended; . L-Z. 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 ather cause so as to constitute a poteDtial hazard to life, health, property or safety; L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or mainbinf'1l in violation of1he building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF TIlE BOARD OF INSPECTION: OPTION #2: (NOT REP AlRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CII'Y'S DANGEROUS BUILDlNG REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPl'ED. AMENDED AND ENAC'IED BY CITY. ORDlNANCE #04-2700 AND #96-2079- B. USlNG THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING lNSPECTION BOARD 'IHAT THIS BUILDING IS IN FACT DANGEROUS BUT NOT REI' AIRABLE. AND SHOULD BE DEMOlJSHED. THIS Bun..DING DOES NOT PROVIDE 1HE BASIC MINIMUM HOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY. HEALTH AND 1HE GENERAL WELFARE OF 'mE CITIZENS OF LA PORTE. x~.!~&~ ?-IO-c6 BUILDING OFFICIAL'S OFFICE DATE ~'~i~ FIRE . OFFICE . ~~~ 1;,;{~~ DaIlgcrous BUilcbDg lDspectiOll Farm A = Adequate 1. STRUCTURAL A. Foundatima 1. Slab 2. Pier &. Beam a FOOliIIgs b.Sills c. Joists B. WaDJ 1. Exterior 2. Interior c. Meus of Egress 1. Doors a. Interior b. Exterior 2. Porcbes, Steps, Stairs 3. Wmdows D. Boor 1. RafteIs 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floon G. Other IT. MEHCANICAL SYSTEMS A. EIectrieal 1. Service Entrance &. Pauel 2. Wiring 3. Ligbts, Switches 4. Outlets 5. Other Commenrs: Page 3 D '" Deficient Bun..DING EVALUATION CREna ,U::T ~ IL- L- ~ IL- ~ N/A ~ N/A ~ IL- L- A-- ~ ~ ~ 1L- ~ ~ ~ N/A ~ HL.L..- N/A N/A 1L- ~ HL.L..- N/A IlliK..- ~ ~ N/ A = Not Applicable COMMENT I EXPLANATION UNEVEN SE'ITLEMENT ROT GARAGE WAIL lNC9MPLETE N/A N/A N/A N/A N/A ROT HOLES:ROT N/A NOT TO CODE N/A N/A N/A N/A NJA N/A N/A POOR CONDmON N/A N/A N/A N/A N/A N/A DEBRIS DEMO PERMIT #06-85 ISSUED 1-19..()6' 95% COMPLETE B. Plambing 1. Fixtures a. Sink b. Lavatories c. WaterlQosets d. Shower/Tub e Water Heater 2. Water Piping 3. Drain, Waste &'Veut 4. Sewer/Septic tmk 5. Gas System C Beating & AlC 1. Heating 2. Air ConditiDDiDg m. PROPERTY CONDmONS I. Accessozy Structmes ~ 2. Condition of Grounds 12.- 3. Other S:'CPSbareIlNSPllCTION DMSIONIAU. OTHER snJFF\Code llDflll'CelllmtlDang BWldinp\D B INSP FORM 513 S VIRGlNIAdoc07.2004 Rev.