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HomeMy WebLinkAboutO-2006-2926 ORDINANCE NO. 2006- "- tfJt ~ AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk. 63. Lots 26-27. La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Lillie B Warren and Lillie B. Warren % Lisa Anderson 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-ftQrJ.. ~ Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located on Blk. 63. Lots 26-27. La Porte which is further described as 213 N 2nd St., 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 26. 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, Lillie B. Warren. whose address is POBox 451. La Porte. TX 77572-0451, and Lillie B. Warren % Lisa Anderson. whose address is 417 Spencer Landing W. 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 August 4.2006 (Lillie B. Warren) and July 26.2006 (Lillie B. Warren % Lisa Anderson). 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-~ tj;. ft Page 3 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 Lillie B Warren, who resides at P. O. Box 451. La Porte. TX 77572-0451 and Lillie B. Warren % Lisa Anderson who resides at 417 Spencer Landing W. 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 Lillie B. Warren and Lillie B. Warren % Lisa Anderson has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Lillie B. Warren and Lillie B. Warren % Lisa Anderson to entirely remove or tear down such building(s), and further orders the said Lillie B. Warren and Lillie B. Warren % Lisa Anderson 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- ~ 1;. y Page 4 Section 7. The City Council hereby orders the City Secretary to forward a certified copy ofthis Ordinance, to the record owner(s) of said property, the said Lillie B. Warren and Lillie B. Warren % Lisa Anderso!!, by registered mail, return receipt requested. Section 8. Should the said Lillie B. Warren and Lillie B. Warren % Lisa Anderso!!, 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 Lillie B. Warren and Lillie B. Warren % Lisa Anderson, 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. 2006J qc9. ~. 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 ~ C~F.L~POR~ BY:~.\~ Mayor , 2006. ATTEST: L-yr;/lo/ia L};;/ City Secretary APPROVED: ~ ~ ~~/;A City Attorney City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-26-06 STREET ADDRESS: 213 N 2ND Sf. BCAD OWNER: Tn J IF B. WARREN - POBOX 451 - LA POR~ TX 77572~SI - DEEDOWNER: IDELL WARREN It WIFE- TnJ:rF.B. WARREN -213 N2ND ST-LAPORTE. TX77571 OTHElH n J IE B. WARREN. % USA ANDERSON - 417 SPENCER LANDING W - LA PORTE. TX 77571 LEGAL: m .K 63. LTS 26-27 LA PORTE OCCUPANCY~: RESIDENCE NON-CONFORMlNG ISSUES: NfA FAcn..ITIES AVAILABLE: WATER; YES ELECTRICAL: YES ZONING: R-l SEWER.: GAS: YES YES NO.OF DWELLING UNITS: (l) VACANT: YES OCCUPIED: AS REQUIRED IN THE ClTY'S CODE OF ORDINANCE, CHAPTER 82; ARTla.E vm. THE BOARD OF lNSPECI10N MADE AN INSPECTION OF mE AFOREMENTIONED PROPERTY, AND DE'IERMINED THE BunDING LOCATED THEREON, IN THElR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOll..OWlNG REASONS: Sec. 82-473. Declar.ltion of Public Nuisance and Hazani. A. Daa:erous or Substandard Buildings or Structures. A buildin: or structure shaD be coDSidered daDgerous or substandard wheDever it is determined by the Board, that any or aD of the foDowing is applicable: L-l. A building that is vacam, and is not up to cum::ut building code standards. These vacant buildings can be either open to trespass or boarded up; L-2. Whenever any portion 1hereofbas been damaged by fire. earthquake; wind. flood, or by any other cause to such an exteDt that the structural stxe:ngth or stability 1hcreof is materially less than it was before such catastrophe and is less than 1he minimum requirements of the building code fur new buildings of similar sttuctwe, pmposc or location; L-3. Whenever any portion or member or appurtcnancc 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 thereof: becanse of (a) dilapidation, deterioration, or decay; (b) flmhy construction; (c) the removal, movemeDt 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 partiaDy or completely collapse; L-S. Whenever, fur any reason, the building or structure, or any portion 1hc::reot: is manifestly unsafe for 1he pw:pose of which it is bciDg used; DaDge:roDs BuildiDgs Inspection FDIJD. Page Z L-6. Whenever !he building or structure bas been so damaged by fire, wind, eartbquake, or flood, or bas become so dilapidated or deteri~ as to become (a) a public mrisancc, (b) a harbor for vagr.mts, or as to (c) CDable persons to reson thereto for the pmpose of eu......;1t ;..g unlawful acts; L-7. Whenever a building or structure, used or iDteDded to be used for dwelling pmposes, becanse of inadequate ......;nt~ dilapidation, decay, damage, faulty ccmstruction or ammgcmeDt, iDadequate light, air, or sanitation facilities, or otherwise, is determined by !he Board to be nt..'....imry, unfit for bnman habitation or in such a condition that is likely to cause sickness or disease; L-s. Whenever any builiiiDg or structure, because of obsolesceucc, dilapidated condition, deterioration, damage, ill8lieqnate exits, lack of sufiicieDt fire-resistive const:ruction, faulty electric wiring, gas ccmnections, or heating appaiatus or olher cause, is dc:tenniDed by !he Board to be a fire hazard; - B. Daagerous or substaDdard electrical, plumbing, or mechaaical iDstallatiODS. A building or structure shaD be considered daDgerous or substandard wheaever it is determiDed by the Board, that aD)' or aD of the foDowiDc is applicable: L-l. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is iaoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally iutended; . L-2. Whenever any iDstaDation or any portion 1hereofbecause 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, hea.lth. property or safety; L-3. Whenever any instaDation or any portion thereofwbich is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a poteDtial hazard to life, health. property or safety; L- 4. Whenever any iDstaDation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FlNDINGS AND CONCLUSIONS OF !BE BOARD OF INSPECTION: OPTION #2: (NOT REF AIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE Cl'IY'S DANGEROUS BunnING REGULATIONS AND THE 2003 lNTERNATIONAL RESIDENTIAL CODE. AS ADOP'IED. AMENDED.AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING 'lBE REGULATIONS AND CODE AS ITS GUIDE. IT IS 'lBE OPINION OF !BE DANGEROUS BUR.DING lNSPECTIONBOARD THAT THIS BUlLDING IS IN FACT DANGEROUS. BUT NOT REPAIRABLE. AND SHOULD BE DEMOLISHED. TInS BUILDING DOES NOT PROVIDE THE BASIC MINIMUM HOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVlNG FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY. HEALTH AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE. x ~ .! 1J~~1 ?-/C -(} 6 BUILDING OFFICIAL'S OFFICE DATE ~~ J!12f.ff=p- ~;W~~ C8IEP'S OFFICE DATE '7)c; k DATE { DaDgc:rous Building 1nspec:ticm. Fonn Page 3 BUILDING EVALUATION CHECKLIST A = Adequate D = DcliciCDt NJA = Not Applicable L STRUCTURAL COMMENT/EXPLANATION A. Foundation 1. Slab &L- 2. Pier &:. Beam a Footings !lliL- UNJo.'RT.'F. TO lNSPECf b.SDls !lliL- UN" 'RT 'F. TO lNSPECl' c. Joists !lliK- UNABLE TO lNSPECI' B. WaDs 1. Exterior IL-- FIRE DAMAGED 2. Interior IL-- FIRE DAMAGED C. :Melms or Jl.gress 1. Doors a. Iuterior IL-- FIRE DAMAGED b. EKterior IL-- FIRE DAMAGED 2. Porches, Steps, Stairs .IL-- FIRE DAMAGED 3. Wmdows IL-- FIRE DAMAGED D. Roof 1. RafteIs IL- FIRE DAMAGED 2. Deck, Shingles IL- FIRE DAMAGED E. Ceilings 1. Joists IL- FIRE DAMAGED 2. Ceiling IL-- FIRE DAMAGED F. FIoon IL- FIRE DAMAGED G. Other N/A B. PIlImbiDg 1. FIXtures a. Sink b. Lavatories c. WatcdOosets d. ShowerITub c Water Bealer 2. Watr:r Piping 3. Drain, Waste &:.VCDl 4. SewerISeptic taDk s. Gas System C. HeafiDg & Ale 1. Healing 2. Air CaDditiOlling m. PROPERTY CONDITIONS 1. Accessory Structures IL-- 2. CoDdition of Grounds IL-- 3. Other IT. MEHCANICAL SYSTEMS A. Electrical 1. Service EntIancc &:. Panel 2. Wiring 3. Ligbts, Switches 4. Outlets s. Othe:r Comments: IL- IL- IL- IL-- Nt..L- UNK !lHK..- UNK ~ !lHK..- UNK !lHK..- !lHK..- UNK N/A UNK FIRE: MARCH 4. 2006 PULLED AWAY FROM WALL FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED UNABLE TO lNSP.ECI' UN" 'RT F TO INSPECT UNABLE TO INSPECT UNABLE TO lNSP.ECI' UN"" 'RT F TO INSPECT UNABLE TO lNSP.ECI' UN"" 'RT F TO INSPECT UN" 'RT.F TO INSPECT UNABLE TO INSPECT WINDOW UNIT - POS~T'RT.F FIRE DAMAGE GARAGFJSHED FIRE DEBRIS. WEEDS S:\CPSImre\INSl'ECTION DlVISlON\Al.L 0'mE1t STUPF\Code Eali>rcemeat1Doog BuildiDpID B INSP FORM 213 N 2ND.dDCll7-2004IUlv. ACTION OF CITY COUNCIL On this, the ;:;( #-' day of ~k , 800 lI, the City SecretaJy of the City of La Porte, having received the bove 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 of the City's Code of Ordinances Article VITI, Section 82-478. CITY OF LAPORTE ,All 1M tv ~tI if~L/ By: ATTEST: City Secretary CITY SECRETARY'S CERTIFICATE I hereby certify that on the3l0r day of , ~ I mailed a notice to the above named owner, in connection with the ab e referenced property, said notice being in accordance with City's Code of Ordinances Article VITI, Section 82-478. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. L1J1!W1i~ M ha Gillett, TRMC, CMC City Secretary S:\CPShare\Code Enforcement\Action by City Council Form.doc April 2004. Rev.