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HomeMy WebLinkAboutO-2006-2928 ORDINANCE NO. 2006- rJtJ:J ~ AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk. 55. Lots 30-33. La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Alfonso Gutierez. If. & Maria N. 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- A4% Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located on Blk. 55, Lots 30-33. La Porte which is further described as 129 N. 5th 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 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, Alfonso Gutierez. Jr. & Maria N., whose address is 129 N 5th St.. La Porte. TX 77571-3425. and 7403 Comanche Street. Baytown. Tx 77521 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 Post Office Returned as "Undeliverable" on July 26.2006 (N. 5th Address) and July 27.2006 (Comanche Address). 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-~1;'J 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 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 Alfonso Gutierez. Ir. & Maria N., who resides at 129 N. 5th St.. La Porte. Tx 77571-3425 and 7403 Comanche Street. Baytown. Tx. 77521 and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Alfonso Gutierrez. Ir. & Maria N. has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Alfonso Gutierez. If. & Maria ~ to entirely remove or tear down such building( s), and further orders the said Alfonso Gutierrez. If. & Maria N. 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-~ tl rJ.1 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 Alfonso Gutierez. Jr. & Maria N.. by registered mail, return receipt requested. Section 8. Should the said Alfonso Gutierez. Jr. & Maria N. 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 Alfonso Gutierez. Jr. & Maria N., 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- rfitt l-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 ~ ~day of t1"'ffl/ ' 2006. CITY~~A.POR~n . By: ~,-(~---- Mayor ATTEST: Lff14idt ~j/j City Secretary APPROVED: ~ y /l:~ City Attorney City of La Porte DANGEROUS BUILDING INSPECTION FORM DAlE: 6-21-06 STREET ADDRESS: 129 N. 5TH ST. HCAD OWNER: ALFONSO GUTIEREZ.. 1R &. MARIA N. -129 N S'IH ST. - LA PORlE TX 77571-3425 DEED OWNER: ALFONSO GUTIERREZ JR. &. WIFE. MARIA N - 129 N 5TH ST - LA PORT.E(SIC). TX 77571 OTHER: ALFONSO GUTIEREZ. 1R & MARIA N. - 7403 COMANCHE ST - BA YTOWN TX 77521 BLK 55. L TS 30-33 LA PORlE LEGAL: OCCUPANCY tyPE: RESIDENCE NON-CONFORMlNG ISSUES: N/A ZONING: MSD F ACll..ITIES AVAILABLE: WATER: YES ELECTRICAL: YES SEWER: GAS: YES YES NO.oF DWELLING UNITS: (1) VACANT: YES OCCUPIED: AS REQUIRED IN '!HE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vm. '!HE BOARD OF INSPECTION MADE AN INSPECTION OF '!HE AFOREMENTIONED PROPERTY, AND DETERMINED '!HE BUll.DING LOCATED '!HEREON, IN TIIEIR OPINION, IS IN F ACf A DANGEROUS BUILDING, FOR TIIE FOILOWING 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 aU 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; ~2. Whenever any portion thereofbas been damaged by fire, earthquake, winll; flood, or by any other cause to such an extent that the structUI3l strength or stability thereof is materially less than it was before such catastrophe and is less than the minim"", 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 fu.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 thereof, 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; ~5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous BuildiDgs Inspection Farm Page 2 L- 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has 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 purpose of committing UDlawful acts; L-7. Whenever a building or structure, used or iDteDded to be used for dwelling pmposes, because of iDadequate """intP.llaDcc, dilapidation, decay, damage, faulty const:ructi.on or ammgemeat, inadequate light, air, or sanitation facilities, 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, ,;il~i6ated condition, deterioration, damage, inadequate exits, lack of suflicieDt fire-resistive construction, faulty electric wiring, gas connections, or heating appaiatus or other cause, is determined by the Board to be a fu:e hazard; - B. Dangerous or substandard electrical, plumbing, or mec:hauica1 installations. A building or structure shaD be cODSidered dangerous or substandard whenever it is determined by the Board, that any or all of the foOowing 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 intended; L-2. Whenever any insta.Ilation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty const:ructi.on; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any insta.Ilation or any portion thereofwbich 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 insta.Ilation or any portion thereof was constructed, installed, altered or maiIJtained in violation of the building code and/or fire code so as to constitute a poteDtial hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #2: (NOT REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH TIlE ClTY'S DANGEROUS BUII.DING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACTED BY Cl'lY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUII.DING INSPECTION BOARD mAT TInS BUII.DING IS IN FACT DANGEROUS. BUT NOT REF AlRABLE AND SHOULD BE DEMOLISHED. TInS BUII.DING DOES NOT PROVIDE THE BASIC MINIMUM HOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND HEAL THFtJL UVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBUC SAFETY. HEALm AND THE GENERAL WELFARE OF TIlE CITIZENS OF LA PORTE. x~ ~ ~'\Jt,. 1-lt-e 6 Bun.DlNG OFFICIAL'S OFFICE DATE i!;2tfq- 6,... FIRE OFFICE ~g~qfpv ,;;o,~ 'DA: Daogerous Building 1nspecticm F ann A = Adequate L STRUCI'URAL A. Foundation 1.S1ab 2. Pie:r & Beam a Footings b. Sills c. Joists B. -WaDs 1. Exterior 2. Interior C. MeaDS ofEgres. 1. Doors a Jmcrior b. Exterior 2. Porahes, Steps, Stairs 3. Wmdows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Otber II. MEHCANICAL SYSTEMS A. Electrical 1. Service Emr.mce &: Panel 2. WJIing 3. Lights, Switches 4. Outlets 5. Other Page 3 D = Deficient BUILDING EVALUATION MlECKLIST WA.- XL-- XL-- !lliK-- XL-- !lliK-- !lliK-- !lliK-- I2....-- :!lli!L- I2....-- XL-- !lliK-- UNK UNK NtA XL-- UNK XL-- !lliK-- HLA...- UNK UNK UNK !lliK-- XL-- UNK UNK UN!( :!lli!L- WA.- WA.- Nt A = Not Applicable COMMENT I EXPLANATION UNEVEN SETI1..1NG tJNE\lEN SETIUNG UNABLE TO INSPECT ROT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT NO LANDING OR STEPS @ImAR.: NO STEPS @FRONTPORCH ROT HOLES: ROT: F AOA ROT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT NOT TO CODE UNABLE TO INSPECT EXT. - UGHT HANGING DOWN ]NT - UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT LAYING ON GROUND UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT (l)~ WEEDS CommeDls: BOARDED UP BY CITY OF LA PORTE ON MAY 18. 2006 B. Plumbing 1. FIXtureS a Sink b. Lavatories c. Water!Closets Ii ShowcrITub e Water Heater 2. Water Piping 3. Dr.IiD, W~ & VeuI: 4. SewerlSeptic tank 5. Gas System C. Beating & AlC 1. Heating 2. Air Conditioning ilL PROPERTY CONDmONS 1. Ar;cessory Sttuctures A 2. Condition of Grounds XL-- 3. Other S:\C~\lNSPECTION DMSlON\ALL 0THE1l. STUFF\Code Enfan:emeallDang BuildingsID B INSP FORM 129 N STH.doc07.20D4 Rev. ACTION OF CITY COUNCIL On this, the ~ ~ day of ., the City Secretary of the City of La Porte, having received th bove 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: ~/~oJj)jlaJJi-- ATTEST: LfJl K.k d/~ City Secretary CITY SECRETARY'S CERTIFICATE I hereby certify that on the 3b-r 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. LlJZttrLJIL d~ Martha Gillett, TRMC, CMC City Secretary S:\CPShare\Code Enforcement\Action by City Council Fonn.doc April 2004. Rev.