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.