Loading...
HomeMy WebLinkAboutO-2006-2930 ORDINANCE NO. 2006- fj ~ )0 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk. 331. Lots 1-2. La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT City of La Porte 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 ofthe 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-~ 1311 Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building( s) located on Blk. 33 L Lots 1-2. La Porte which is further described as 632 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 2 L 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, City of La Porte, whose address is 604 W. Fairmont Pkwy.. 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 Not Applicable - City Owned Property. 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-~ q} ~ 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 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 City of La Porte, who resides at 604 W. Fairmont Pkwy.. La Porte. TX 77571and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said City of La Porte has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said City of La Porte to entirely remove or tear down such building( s), and further orders the said City of La Porte 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- J. 436 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 City of La Porte, by registered mail, return receipt requested. Section 8. Should the said City of La Porte, 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 City of La Porte, 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 confrrms such written notice and the contents and posting thereof Ordinance No. 2006- c143tJ 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 ;S ~ay of tl~ , 2006. crrYf\I1~ORTEQ.' _ By: ~~~ ~_ Mayor A% ~~~ City Secretary APPROVED: U~r~ City Attorney City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-21-06 LEGAL: BLK 331. LTS 1-2. LAPORTE OCCUPANCY 'tYPE: RESIDENCE NON-CONFORMlNG ISSUES: FACILITIES AVAILABLE: WATER: ELECTRICAL: ZONING: BI ABANDONED NON-CONFORMING USE YES SEWER: YES GAS: YES YES NO.OF DWELLING UNITS: (l) V ACANr: YES OCCUPIED: AS REQUIRED ll'I mE ClTY'S CODE OF ORDINANCE, CHAPTER. 82; ARTIClE vm. mE BOARD OF INSPECI'ION MADE AN ll'ISPECIlON OF mE AFOREMENTIONED PROPERTY, AND DETERMINED lHE BUUDll'IG LOCATED 1HEREON, IN TIIEIR 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 shaD be cousidered daD:erous or substandard whenever it is determined by the Board, that any or aU of the foRowing is applicable: L-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 thereofhas been damaged by fire, earthquake, wind, flood, or by any other cause to such an eldeIJt that the structUIal 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 sIructure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail. or to become detached or dislodged, or to coUapse and thereby injure persons or damage property; _4. Whenever the building or structure, or any portion thereo~ because of (a) dilapidation, deterioration, or decay, (b) fitulty construction; (c) the removal, movement or instability of any portion of the ground necessary fur the pw:pose of supporting the building; (d) the deterioration, decay, or inadequacy of its fuundation, or (e) any other cause, is likely to partially or completely collapse; L-S. Whenever, fur any reason, the building or structure, or any portion thereat; is manifestly unsafe for the purpose of which it is being used; DaDge:rous Baildiilgs Inspe::tio.n Fonn Page 2 L- 6. Whenever the building or structure 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 vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or sttucture, used or intended to be used for dwelling purposes, because of inadequate maint"",..nr-.e, dilapidation, decay, damage, faulty construction or ammgement, inadequate light, air, or saDitation i3cilities. or otherwise, is determined by the Board to be unsanitmy, unfit for human habitation or in such a condition 1hat is likely to cause sickness or disease; 8. Whenever any building or struc:tl.D"e, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, Iack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating appaiatus or ather cause, is determined by the Board to be a fiFe hazard; - B. Dugerous or substandard electrical, plumbin&. or mechanical instaIlatioDS. A building or structure shall be cousidered dugerous or substandard whenever it is determined by the Board, that auy or all of the foRowing is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is iRoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) fiwlty construction; (c) obsolescence; (d) inadequate mainten..n~, 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 maintained 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 TIIE BOARD OF INSPECTION: OPTION #1: lREP AIRABLE - RESIDENTIAL) IN ACCORDANCE WITH TIIE ClTY'S DANGEROUS BUR..DING REGULATIONS AND TIm 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOP'IED AMENDED AND ENACIED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS Bun.DING INSPECTION BOARD THAT TInS BUR.DING IS IN FACT DANGEROUS. Bur STILL REPAIRABLE. ALL REOUlRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMI'J.TFn WI1H WITHIN TIm TIMETABLE SET our IN ARTICLE vm. SECTION 82-478. IT IS mEN TIm OPINION OF nus BOARD THAT TEnS BUlIDING BE DEMOUSHED. x s;d~s lV~'llJ '7-I()-l''- BUILDING OFFICIAL'S OFFICE DATE x~/-, FIRE 'S OFFICE X ~fi~ ~~#cP ~ SO CE . DATE 7~~r~ ~ . D TE Dangerous Building lIIspection F DIm Page 3 BlJILDING EVALUATION CR1r.CKLIST A = Adequate D = Deficient NI A = Not Applicable 1 STRUCTURAL COMMENT I EXPLANATION A. Il'0IIJIdati0Il 1. Slab NlA..- 2. Pier &; Beam a Footings lllilL- UNABLE TO INSPECT b.Sills lllilL- UNABLE TO INSPECT c. Joists UNK UNABLE TO INSPECF B. WaDI 1. Exterior IL- ROT. BOLES 2. Interior lllilL- UN), RT R TO INSPECT c. Meus ofEgresl 1. Doors . a lD'f.crior lllilL- UNABLE TO INSPECT b. Exterior IL- ROT AT FRAME 2. Porches, Steps, Stairs IL- NO LANDING ON REAR DOOR 3. Wmdows IL- FRAME ROTI'ED: BROKEN GLASS D. Roof 1. Ratters IL- ROTI'ED 2. Deck, Shingles IL- F AClA RO'ITED E. CeiIiuga 1. Joists UNK UNABLE TO INSPECT 2. Ceiling IDiK.- UNABLE TO INSPECT F. F100n ~ UNABLE TO INSPECT G. Other NlA..- n. MEHCANICAL SYSTEMS A. Electrical 1. Service Entrance &; Panel 2. WIring 3. Ligbls, Switches 4. Outlets 5. Other B. l'huDbing 1. FIXtureS a Sink b. Lavatories c. WatcrIClosets d. Shower e Water Heater 2. Water Piping 3. Dr.Iin, Waste &;Vent 4. Sewer!Septic 1aDk 5. Gas System IL- lllilL- IL- UNK lliA.- ~ IDiK.- lllilL- JmK...- !lliK..- JmK...- !lliK..- JmK...- UNK. C. Heating & AlC 1. Heating 2. Air CoIIditioning m PROPERTY CONDmONS 1. Accessory St:roc:tmes NlA- 2. Condition of Grounds L- 3. Other CommCDtS: JmK...- L- NOT TO CODE UNABLE TO INSPECT EXI'ERIOR PORCH UGHI' MISSING UNABLETOlNSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPCET UNARY... TO INSPECT UNABLE TO INSPECT UN.ART... TO lNSPECT UNABLE TO lNSPECT UNABLETOlNSPECT UNABLE TO INSPECT WINDOW UNIT S:'CPShon:\lNSPECTION DIVISION\ALL 0'l'HER STUFFlCodc Enforcomoat\Dang BuildingsID B INSP FORM 632 N smdoc07-2004 Rev. ACTION OF CITY COUNCIL On this, the d ~ay of ~d~ , d me;. the City Secretary of the City of La Porte, having received th 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 VIII, Section 82-478. CITY OF LA PORTE By: ~41 L1~;) ~, a JJL/ ATTEST: vfJ!/JZl1;t, 6W/ City Secretary CITY SECRETARY'S CERTIFICATE I hereby certify that on the ~ day of , flaJ..h, 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. ~/'" #d Ma a Gillett, TRMC, CMC City Secretary S:\CPShare\Code Enforcement\Action by City Council Fonn.dQc April 2004. Rev.