HomeMy WebLinkAboutO-2006-2925
ORDINANCE NO. 2006- ~ q~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. 2006- J/lrtJ~
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on Blk.l 08. Lots 25-28. La Porte which is further described as 521 1/2 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. Jf. & 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. 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 (Arthur & Joseph L. Walker) and Post Office
returned "Undeliverable" on July 3 L 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
ofthe Board;
Ordinance No. 2006-v11 ~ r-
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 COUNCll., 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 Arthur
Walker. Jr. & Joseph L. Walker, who resides at 8718 Bemdale. Houston. TX 77029. and Arthur
Walker. Jr. & Joseph Lee Walker. who resides at 8523 Collingdale. 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 Arthur Walker. Jr. & Joseph L. Walker. and Arthur Walker. Jf. & Joseph Lee
Walker has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Arthur Walker. Jf. & Joseph L.
Walker and Arthur Walker Jf. & 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. Jf. & 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 oflaw.
Ordinance No. 2006-~1fll
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 ofthe 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 Arthur Walker. Jf. &
Joseph L. Walker and Arthur Walker. Jf. & 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. Jf. & Joseph L.
Walker and Arthur Walker. Jr. & 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- ~ 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 ;;{ ~y of titr ' 2006.
CITY f'. LA PORT~
By: ~,(~
Mayor
ATTEST:
~~~
City ecretary
APPROVED:
~ -r /!/k~-
City Attorney
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
6-22-06
STREET ADDRESS:. 5211/2 N. BROADWAY (OLD SMOKE HOUSE AT CLUB)
HCAD OWNER: ARTIIDR WALKER. JR. & JOSEPH L. WALKER - 8718 BERNDALE - HOUSTON. 'IX 77029
DEED OWNER: ARTIIDR WALKER JR & JOSEPH LEE WALKER -8523 COLLINGDALE -LA PORTE. 'IX 77571
OTHER:
LEGAL:
BLK 108. LTS 25-28. LA PORTE
OCCUPANCY 1:YPE: COMMERCIAL
ZONING:
GC
NON-CONFORMING ISSUES: N/A
FACILITIES AVAILABLE: WATER:
YES
SEWER:
YES
ELECTRICAL:
YES
GAS:
YES
NO.OF DWELLING UNITS:
N/A
VACANT:
YES
OCCUPIED:
AS REQUIRED IN TIiE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, TIiE BOARD OF
INSPECTION MADE AN INSPECTION OF TIm AFOREMENTIONED PROPERTY, AND DElERMINED THE
BUllDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE
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 foUowing 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-z. Whenever any portion thereofhas been damaged by :fire. earthquake, wind, flood, or by any other
cause to such an extent that the structural strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure,
purpose or location;
~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;
~ 4. Whenever the building or structare, or any portion thereot: because of (a) dilapidation,
deterioration, or decay; (b) faulty 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;
~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;
Dang=ous Buildings Inspection Fonn
Page 2
L- 6. Whenever the building or strocture has 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 vagr.mts, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
Nf A 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate tmlintl'!ftsmce. dilapidation, decay, damage, faulty construction or ammgement, inadequate light, air, or
sauitation fiIcilities, or otherwise, is determined by the Board to be lJD.Claninny, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
_So Whenever any building or Structure, because of obsolescence, dilapidated condition, deterioration,
damage, iDadequate exits, lack of sufliciCDt fire-resistive construction, faulty electric wiring, gas connections, or
heating appaiatus or other cause, is determined by the Board to be a me hazard;
-
B. D~erous or substandard electrical, plumbing, or mechanical iDstallatiODS.
A buiJdina or structure shall be coosidered dangerous or substandard whenever it is determined by
the Board, that any or all of the followin: is applicable:
1. Whenever any protective or safety device specified in The Electrical Code and of 1his 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; (0) 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 constitu:te a potCDtia1 hazard to life, health, property or safety;
L- 4. Whenever any installation or any portion thereof was constructed, installed, ahered or maintained
in violation of the building code and/or fire code so as to constitute a potential hazard to life, heal1h, property or
safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #3:
(NON-RESIDENTIAL)
IN ACCORDANCE WITIi THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 rNTERNATIONAL
BUILDING CODE. AS ADOPlED. AMENDED AND ENACTED BY CITY. ORDINANCE f#04-2700 AND f#96...2079-B.
USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING
INSPEcnON BOARD THAT TInS Bun.DING IS IN FACT DANGEROUS. Bur SmL REPAIRABLE. ALL
REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE wrm ALL APPLICABLE CITY OF
LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPT w.n WITIi
Wl1HIN THE TIMETABLE SET our IN ARTICLE vm. SECTION 82-478. IT IS THEN THE OPINION OF TInS
BOARD THAT TInS BunDING BE DEMOUSHED.
x,~~~UJ~Q'[U '/-ID-OCJ
BUIIDING OFFI 'S OFFICE DATE
~~--
~~~7
Y~b~ .
ATE
~~CJ~~
, DATE
Dangerous Building Inspection F ann Page 3
BUILDING EVALUATION CHECKLIST
A" Adequate D = Dc:licient NI A = Not Applicable
L STRUCTURAL COMMENT I EXPLANATION
A. FOIlDdation
1. Slab ~ UNA FIT .F. TO INSPECT
2. Pier &:. Beam
a Footings NlA...- UNABLE TO INSPECT
b.Sills NlA...- UNABLE TO INSPECT
c.Joists NlA...- UNABLE TO INSPECT
B. WaDI
1. Exterior L- BLOCK SEPARATIO~. HOLES
2. Interior !lliK....- UNABLE TO INSPECT -
C. MeaDS of]!,pess
1. Doors
a Imc:rior UNK UNABLE TO INSPECT
b. Exterior L- BR.OKEN: R.OTI'ED
2. Port:bes, Steps,
Stairs NlA...-
3. WIDlIaws L- ROT AT FRAME
D; Roof
1. Rafters XL- ROT
2. Deck, Shingles XL- ROT. SHINGLES IN BAD CONDmON
E. Ceilings
1. Joists !lliK....- UNABLE TO INSPECT
2. Ceiling UNK UNABLE TO INSPECT
F. F'loon UNK UNABLE TO INSPECT
G. Other NlA...-
n. MEHCANICAL SYSTEMS
A. Electrieal
1. Service EnttaDce
&:. Panel
2. WI1'ing
3. Lights, Switches
4. Outlets
S. Other
~
~
~
!lliK
N/A
B. Plumbing
1. F1XlDres
a Sink
b. Lavatories
c. Watec/Closets
d. Shower
e Water Heater
2. Watec Piping
3. Drain, Waste
&:. Vem
4. SewerISept:ic tmk
S. Gas System
C. Beating " AlC
1. Heating
2. Air ConditioDing
m. PROPERTY CONDmONS
1. Accessory Sttuctures NlA...-
2. Condition of Grounds A---
3. Other
Comments:
!lliK-
!lliK-
!lliK-
!lliK-
!lliK-
~
~
!lliK-
~
~
~
NOT TO CODE
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNA FILE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
S:ICPShareIlNSPECTION DMSION\AlL OTHER. STUFFICode Ea10rcemeatlDaug Buildings\I) B INSP FORM 521.3 N BROADW AY.d0c0"7-2004 Rev.
ACTION OF CITY COUNCIL
On this, the ~?II- day of t1u. " 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:
ATTEST:
L/J7ttctl~~Pt
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the ~br day of ~ ,J OP~, I mailed a
notice to the above named owner, in connection with th above 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.
\
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Martha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City COWlcil Form.doc
April 2004. Rev.