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HomeMy WebLinkAboutO-2006-2932 ORDINANCE NO. 2006- J ~ 1/ AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Tr. 27. Blk. 27: & Tr.28. Blk. 28: & Tr. 3. Abst. 5. E. Brinson: Nebraska Syndicate. HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Oak Park Trading. Ltd. Oak Park Trading. Ltd. and Oak Park Trading. Ltd % Hal Lawler 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 Drdinance No. 2006- ;?13A Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building( s) located on Tr. 27. Blk. 27: & Tr.28. Blk. 28: & Tr. 3. Abst. 5. E. Brinson: Nebraska Syndicate. which is further described as 1306 N. 10th 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, dated 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, Oak Park Trading. Ltd., whose address is 1400 N. 10th S1.. Trlr. 100. La Porte. Tx 77571-323 L Oak Park Trading. Ltd. whose address is 1400 N. 10th S1.. Box 100. La Porte. Tx 77571 and Oak Park Trading. Ltd. % Hal Lawler whose address is 911 Oak Leaf. 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(s) on July 26.2006 (All three parties). 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-~ tJ3)-- 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 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 Oak Park Trading. Ltd., who resides at 1400 N. 10th St.. La Porte. Tx 77571-323 L Oak Park Trading. Ltd. who resides at 1400 N. 10th St.. Box 100. La Porte. Tx 77571 and Oak Park Trading. Ltd. % Hal Lawler who resides at 911 Oak Leaf. 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 Oak Park Trading. Ltd.. Oak Park Trading. Ltd. and Oak Park Trading. Ltd. % Hal Lawler has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Oak Park Trading. Ltd. Oak Park Trading. Ltd. and Oak Park Trading. Ltd. % Hal Lawler to entirely remove or tear down such building(s), and further orders the said Oak Park Trading. Ltd. Oak Park Trading. Ltd. and Oak Park Trading. Ltd. % Hal Lawler 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-;? 1JA 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 Oak Park Trading. Ltd, Oak Park Trading. Ltd. and Oak Park Trading. Ltd. % Hal Lawler by registered mail, return receipt requested. Section 8. Should the said Oak Park Trading. Ltd. Oak Park Trading. Ltd.. and Oak Park Trading. Ltd. % Hal Lawler 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 Oak Park Trading. Ltd. Oak Park Trading. Ltd. and Oak Park Trading. Ltd. % Hal Lawler 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. 2~ 13;) Page 5 Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this th~ day of dtt ~. , 2006. CITY P\ L~ ,PORTE ~ By: Ufu~~;\~ Mayor ATTEST: ~Jr~, ~d City Secretary APPROVED: 1~~4-. -r .~~~~ City Attorney City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-21-06 STREET ADDRESS: 1306 N. 10TH ST. BCADOWNER: OAK PARK TRADING LID. -1400N.10m ST_ TRLR_1OO-LAPORTE. TX77571-323l DEED OWNER: OAK PARK TRADING. LID. - 1400 N. 10TH ST.. BOX 100 ~ PORTE. TX 77571 (1/2 INTERESTI: UN}, RT.J:: TO LOCATE DEED ON REMAINING 1/2 INTEREST LEGAL: OAK PARK TRADING. LID. % HAL LAWLER - 911 OAKLEAF - LAPORTE. TX 77571 TR 27. BLK 27: & TR 28. BLK 28: & TR 3: ABST. 5. E BRINSON OTHER.: . HALFWAY/GROUP BOME ZONING: BI OCCUPANCY TYPE: NON-CONFORMlNG ISSUES: N/A F AClLITIES AVAILABLE: WATER: YES SEWER: YES ELECTRICAL: YES GAS: YES NO.OF DWEU.JNG UNITS: N1A V ACAt!IT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTIClE vm. TIlE BOARD OF INSPECrlONMADE AN INSPECTION OF TIlE AFOREMENTIONED PROPERTY, AND DETERMINED TIlE BUILDING LOCATED THEREON, IN mEIR OPINION, IS IN F Acr A DANGEROUS Bun.DING, FOR THE FOILOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and HazaId. A. Duagerous or Substandard Buildings or Structures. A buiJdiDg or structure shall be considered daogerous or substandard whenever it is determined by the Board, that any or all of the foRowing is applicable: 1--1. A building that is vacaut, and is not up to current building code standards. These vacant buildings can be ei1her open to trespass or boarded up; L-2. Whenever any portion thereofhas been damaged by fire, eartbquake, wind, flood, or by any other cause to such an exteIIt that the structUIal strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requin:ments of the building code fur new buildings of similar structure, pmpose or location; L-3. Whenever any portion or member or appurteDance thereof is likely to WI, or to become ~ed or dislodged. or to collapse and thereby injure persons or damage property; L- 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 fur the pmpose of supporting the building; (d.) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause. is likely to partiaD.y or completely collapse; L-S. Whenever, fur any reason, the buildiDg or structure, or any portion thereof, is manifestly unsafe fur the purpose of which it is being used; Dangerous Buildings Jnspection F ann Page 2 L- 6. Whenever the building or structure bas 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 1he purpose of committing unlawful acts; N! A 7. Whenever a building or structure, used or iDtended to be used for dwelling purposes, because of inadequate ......inten..nr.e, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board 10 be 1JDS"nit,..y, unfit for human habitation or in such a condition that is likely to cause sickness or disease; L-S. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, fiwlty electric wiring, gas connections, or heating appafatus or other cause, is determined by the Board to be a me hazard; B. Dan:erous or substandard electric:al, plumbing, or mechanical installations. 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-l. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is moperative, defective, dilapidated, or deteriorated so as to threaten 10 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; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; L-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 THE BOARD OF INSPECTION: OPTION #3: (NON-RESIDENTIAL) IN ACCORDANCE WITH TIlE CITY'S DANGEROUS BUILDING REGULATIONS AND TIlE 2003 INTERNATIONAL BUilDING CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079-B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS TIlE OPINION OF THE DANGEROUS BUilDlNG lNSPECTION BOARD THAT THIS BUilDING IS IN F ACI'DANGEROUS. BUT STILL REPAIRABLE. ALL REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDlNANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH wrmIN THE TIMETABLE SET OUT IN ARTICLE vm. SECTION 82-478. IT IS THEN THE OPINION OF THIS BOARD THAT THIS BunnING BE DEMOLISHED. x5j~ ~W~ BUilDING OFFICIAL'S OFFICE 7-i~-O 6 DATE ~~".. ~~~ -?f"'M? S OFFICE DA 7 /tD/~ DATE' Dangerous BuDding lDspeetion FOIIIl A = Adequate L STRUCTIJRAL A. Foudatioa 1. Slab 2. Pier &. Beam a Footings b..Sills c. Joists B. Walla 1. Exte:rior 2. Interior C. Mens ofEgn!ss 1. Doors . a biic:rior b. Exterior 2. Porches, Steps, Stairs 3. Wmdows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other Page 3 D = Deficient BUlLDING EVALUATION CHECKLIST IlliK....- HLA- HLA- Nl.L- IL- UNK UNK IL- ~ UNK HLA- IL- IL- IL- UNK ~ IT. MEHCANICAL SYSTEMS A. EJec:trial 1. Service Enttance &. Panel IL- Wlring UNK 3. Ugbts, Switches !lliK...- 2. Wiring UNK 3. Lights, Switches ~ 4. Outlets UNK 5. Other N/A B. P1lUDbing 1. Fixtures a Sink b. Lavatories c. WaterIClosets d Shower e Water Heater 2. Water Piping 3. Drain, Waste &. Vent 4. SewerlSeptic tank 5. Gas System C. Beating & AlC 1. Heating 2. Air Conditioning Ill. PROPERTY CONDITIONS 1. A=ory Stmctores N/A 2. Condition of Grounds IL- 3. Other CoIIlIIlCDtS: UNK UNK ~ ~ IlliK....- ~ UNK ~ ~ N/A N/A Nt A = Not Applicable COMlvlENT I EXPLANATION UNABLE TO INSPECT UNEVEN SETI'LEMENT: HOLE UNABLE TO INSPECT UNABLE TO INSPECT DOOR FRAMES ROTI'ED BOARDED UP FAT T F:N IN: HOLES PORCH JOISTS RO'ITED: INTERIOR JOISTS ROTIED P ARTIALL Y COLLAPSED UNABLE TO INSPECT DAMAGED UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNA RT.F. TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT DEBRIS S:\CPShareIINSPECl10N DMSION\ALL OTHER S1UFFICode EuIOrc:<:meat\Dang BDiklings\D B INSP FORM 1306 N 10TH.doc07-2004 by. "._...~-"~~- ACTION OF CITY COUNCIL On this, the ;), r- day of Jt.4 (/ , 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 ofthe City's Code of Ordinances Article VIII, Section 82-478. CITY OF LA PORTE J;,d~fi}p~ "i lL- By: ATTEST: . \. /J7/1ftk ~L$ City Secretary CITY SECRETARY'S CERTIFICATE I hereby certify that on the3Yr 01 day of ,dt;af;, 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. LtJ;&tf~ddr Martha Gillett, TRMC, CMC City Secretary S:\CPShare\Code Enforcement\Action by City COWlcil Fonn.doc April 2004. Rev.