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HomeMy WebLinkAboutO-2006-2924 ORDINANCE NO. 2006- d12 <j AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk. 108. Lots 25-28. La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Arthur Walker. Jr.& Joseph L. Walker and Arthur Walker. Jr.. & Joseph Lee Walker 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. 2C1J6-~qJJf: Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located on Blk 108. Lots 25-28. La Porte which is further described as 521 N. Broadway, 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, Arthur Walker. Jr. & Joseph L. Walker. whose address is 8718 Berndale. Houston. TX 77029. and Arthur Walker. Jr. & Joseph Lee Walker. whose address is 8523 Collingdale. La Porte 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 (Arthur & Joseph L. Walker) and Post Office Returned "Undeliverable"on July 28.2006 (Arthur & Joseph Lee Walker) 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-(9{/~ I: 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 ofthe 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 Arthur Walker. Jr. & Joseph L. Walker, who resides at 8718 Berndale. Houston. TX 77029 and Arthur Walker. Jr. & Joseph Lee Walker, who resides at 8523 Collingdale. La Porte. Tx 77571 is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Arthur Walker. Jr. & Joseph L. Walker. and Arthur Walker. Jr.& Joseph Lee Walker has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Arthur Walker. Jr. & Joseph L. Walker. and Arthur Walker. Jr. & Joseph Lee Walker to entirely remove or tear down such building(s), and further orders the said Arthur Walker. Jr. & Joseph L. Walker. and Arthur Walker. Jr. & Joseph Lee Walker 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 of law. Ordinance No. 2006- 01 tJf}.. if 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 Arthur Walker. Jr. & Joseph L. Walker. and Arthur Walker. Jr. & Joseph Lee Walker, by registered mail, return receipt requested. Section 8. Should the said Arthur Walker. Jr. & Joseph L. Walker. and Arthur Walker. Jr. & Joseph Lee Walker, 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 Arthur Walker. Jr. & Joseph L. Walker. and Arthur Walker. Jf. & Joseph Lee Walker, 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~ ~ q~1 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 ~?!/-daYOf aur~ CITY~~APORT~ By: ~L/\~ Mayor , 2006. ATTEST: ~Wb A./41 City Secretary APPROVED: 1/&Ar ~ City Attorney City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-22.06 STREET ADDRESS: 521 N. BROADWAY (OID UOUOR STORE (Q) ROAD) HCAD OWNER.: ARTHUR WALKER. lR. &; JOSEPH L. WALKER - 8718 BERNDALE - HOUSTON. 'IX 77029 LEGAL: BI.K 108. LTS 25-28. LA PORTE OCCUPANCY '];YPE: COMMERCIAL ZONING: GC NON-CONFORMlNG ISSUES: FACILITIES A V AlLABLE: WATER: ELECTRICAL: ABANDONDED N/C STRUCTIJRE YES YES SEWER.: GAS: YES YES NO.OF DWELLING UNITS: NlA VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER. 82; ARTICLE vm. THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DE'IERMrNED THE BUlLDING LOCATED lHEREON. IN nmm. OPINiON, is IN FACT A DANGEROUS BUllDING. FOR THE FOlLOWING REASONS: Sec. 82473. Declaration of Public Nuisance and Hazard. A. DmgeTOus or SubstaDdard Buildings or Structures. A building or structure shall be considered danrerous or substaDdard whenever it is determined by the Board, that my or all of the foBowing is applicable: L-l. A building 1hat is vacant, and is not up to CUIrelIt building code standards. These vacam 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 structw:al strength or stability thereof is materially less 1han it was before such catastrophe and is less 1han the minimum requirements of the building code fur new buildings of similar structure, pmpose or location; _3. Whenever any portion or member or appur1coance thereof is likely to fiI.il, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereot: because of (a) dilapidation, deterioration, or decay; (b) f3ulty construction; (c) the removal, movement or instability of any portion of the ground necessary fur the pmpose of supporting the buildiDg; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-5. Whenever, fur any reason, the building or structure, or any portion thereat; is manifestly unsafe for the pUIpOse of which it is being used; Dangerous Buildiilgs Jnspection Farm 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 pwpose of committing unlawful acts; Nt A 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate mainte1)lJlICC, dilapidation, decay, damage, faulty construction or arrangem.eut, inadequate light, 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 sufficieut fire-resistive construction, faulty electric wiring, gas connections, or heating appaiatus or other cause, is determined by the Board to be a fire hazard; - B. Dangerous or substandard electrical, plumbing, or mechanical installatioas. A building or structure shaD be considered dangerous or substandard whenever it is determined by the Board, that any or aD of the foUowing is applicable: _1. Whenever any protective or safety device specified in The Electrical Code and oftbis title is not provided or is iaoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; . ~. Whenever any installation or any portion thereofbecause 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 ma;nt,,;ned in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #3: (]~ON-RESIDENTIAL ) IN ACCORDANCE wrm THE ClTY'S DANGEROUS Bun.DING REGULATIONS AND THE 2003 INTERNATIONAL Bun.DING CODE. AS ADOP'IED AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079-B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF TIlE DANGEROUS BUll.DING INSPECIlON BOARD THAT TInS BUILDING IS IN FACT DANGEROUS. BUT STIll. REPAlRABLE. ALL REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF mE REPAIR OR ALTERATION ORDER IS NOT COMPLTF.'D WITH WITHIN !HE TIMETABLE SET OUT IN ARTICLE vm SECTION 82-478. IT IS THEN mE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOllSHED. x h).tl.LL~. rw;1Wvf;':i! ?-;!~-~, BUILDING OFFICIAL'S OffiCE DATE 42 ~~ -?A~ HAL CE DATE ~~7 ~~6 S OFFI D TE Dangerous Building 1nspection Form Page 3 BUILDING EVALUATION CHECKLIST A = Adequate D = Deficient NI A = Not Applicable 1 STRUCTURAL COMMENT/EXPLANATION A. Foundation 1. Slab UNK UNABLE TO INSPECI' 2. Pier &. Beam a. Footings HlA- UNABLE TO INSPECI' b. Sills N/A UNABLE TO INSPEC!' c. Joists HlA- UNABLE TO INSPECI' B. WaDs 1. Em:rior IL- BLOCK SEPARATIO~. HOLES 2. Interior !mIL- UNABLE TO INSPEC!' - C. MeaDs of Egress 1. Doors a. Interior !lliK.- UNABLE TO INSPECI' b. Exterior IL- BROKEN 2. Porches, Steps, Stairs HlA- 3. Wmdows IL- GLASS MISSING D. Roof 1. Rafters IL- ROT 2. Deck, Shingles IL- HOLES: ROT E. Ceilings 1. Joists UNK UNABLE TO INSPECI' 2. Ceiling IL- CEILING MISSING ( VISmLE THRU WINDOW) F. FIoGn UNK UNABLETOINSPECI' G. Other HlA- n. MEHCANICAL SYSTEMS A. Electrical 1. Service EDIrance & Panel 2. WIriDg 3. Lights, Switches 4. 0uIlets 5. Other B. Plumbing 1. Fixtures a. Sink b. Lavatories c. WaterJC10sets d. Shower/I'ub . e Wate:r Heater 2. Water Piping 3. Drain, Waste & Vent 4. SeweL'Septic lank 5. Gas System C. Bea1iDg & AlC 1. Heating 2. Air Conditioning IL- UNK !mIL- !lliK.- HlA- UNK UNK !lliK.- !lliK.- !lli!L- !lli!L- !lli!L- !lli!L- !lliK- ~ IL- m. PROPERTY CONDmONS I. A=ssmy Struc:tures ~ 2. Condition of Grounds ~ 3. Other Comments: NOT TO CODE UNABLETOINSPECI' UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECI' UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECI' UNABLE TO INSPEC!' UNABLE TO INSPECT UNABLE TO INSPEC!' UNABLE TO INSPECT UN'" RT .J<: TO INSPECI' (2) WINDOW UNITS' POOR CONDmON S:lCPSharelINsPSCTION DIVISION\ALLOTHER. STUFFlCode Euf'ort:emeatIOang 8IliIdings\l) B INSP FORM 521 N BROADWAY.d0c07-2004 Rev. ~ _.__..~.-._-<--~----_._-'".---- ACTION OF CITY COUNCIL On this, the il ?lit day of ~ ' iI 00 1/, the City Secretary of the City of La Porte, having received th above and foregomg 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 VITI, Section 82-478. CITY OF LA PORTE By: lxfu ~j5~ jdL--- ATTEST: Lfll~ rl/dtZZ City Secretary CITY SECRETARY'S CERTIFICATE I hereby certify that on the 3/0{ day of , M I mailed a notice to the above named owner, in connection with the hove 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. \ Lf!ltWi~d/dff Martha Gillett, TRMC, CMC City Secretary S:\CPShare\Code Enforcement\Action by City COWlcil Fonn.doc April 2004. Rev.