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HomeMy WebLinkAboutO-2007-3018 Passed 12 REQUEST FOR CITY COUNCIL AGENDA ITEM Department: July 23, 2007 D. wnmo",fiJs.W~ Planning Appropriation Agenda Date Requested: Requested By: Source of Funds: General Funds Account Number: #OOl-9092~524-6021 Report: X Resolution: Ordinance: X Amount Budgeted: $56,230.00 Amount Requested: Exhibits: Dangerous Buildings & Owner Information Budgeted Item: YES NO Exhibits: Inspection Reports & Condemnation Ordinances Exhibits: Slide Pre!lentation SUMMARY & RECOMMENDATION A regular Council meeting was held on June 25, 2007 to review the findings of the Dangerous Building Inspections Board and an August 27, 2007 public hearing was held to consider formal action on a group of buildings. At the public hearing, Council chose to table these two (2) structures until October 2007 to allow the owners an opportunity to provide Council with a written proposal on the structure's repair. Subsequent to this meeting, as required by Article VIII; Section 82-475 of the Code Ordinances, a notice was published twice in the Bayshore Sun. Also, certified and regular mail letters (including the inspection report and public notice) were mailed to the structure owners. The purpose of this public hearing is to receive property owner, citizen and staff comments as to why the structure should or should not be condemned and demolished. Following the close of the hearing, Council will be asked to consider condemnation of each structure. As of the preparation of this request, both structures remain so the inspection reports and ordinances on each location are included with this packet. The owner of 202 S. Blackwell has not contacted staff or provided them with any information regarding proposed repairs. The owner of 419 SO. 8ID Street has completed clean-up of the property, repairs/painting of the exterior walls and is currently working on repair of the roof leak. He has remained in contact with staff and anticipates completing the roof repair prior to the meeting. The Board recommends passage of the condemnation ordinance on 202 So. Blackwell and does not recommend passage of the ordinance on 419 SO. 8ID Street. Following the action by Council, staff will handle required paperwork preparation and mailings. Should Council condemn the structures, our Finance Department confirmed $56,230.00 in available demolition funds. ~ ~ ~1- Dale SUBS! ANDARD/DANGEROUS BUILDINGS Tabled Structures from the Summer 2007 Dangerous Building Group (10/12/07) 1) 202 S. Blackwell Street (Single-family dwelling in a Low Density Residential (R-l) zone) Legal: Blk. 75; Lots 38-40 & Tr. 37; Bayfront HCAD: #006-165-075-0037 Tax Roll: Leonard Zlomke - 202 S. Blackwell St. - La Porte, Tx 77571-5705 Deed: Leonard Zlomke - 202 S. Blackwell St. - La Porte, Tx 77571-5705 Other: Leonard Zlomke - 209 S. Lohit - La Porte, Tx 77571-5705 Taxes: None Mowing/Clean-up/Liens: None NOTE: Owner met with staff on 05/31/07 and advised he had no specific plans or timeline for repairs. No trespassing signs have been placed on house. No additional contact as of 10/12th. 2) 419 S. 8th Street (Commercial Building in a General Commercial (GC) zone) Legal: Blk. 5; Lots 9,10; La Porte HCAD: #023-151-005-0009 Tax Roll: Peter Kuchinke - 118 Oakdale St. - La Porte, Tx 77571-7345 Deed: Peter J. Kuchinka - 118 Oakdale St. - Shoreacres, Tx 77571 Taxes: None Mowing/Clean-up/Liens: None NOTE: Owner has remained in contact with staff. Brush has been removed, exterior walls repaired and painted, door replaced and the roof leak is currently being repaired. Completion is anticipated prior to the 10/22/07 Council meeting. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 202 S BLACKWELL ST. HCAD OWNER: LEONARD ZLOMKE - 202 S BLACKWELL ST - LA PORTE TX 77571-5705 DEED OWNER: LEONARD ZLOMKE - 202 S BLACKWELL AVE - LAPORTE TX 77571 OTHER: LEONARD ZLOMKE - 209 S LOBIT - LA PORTE TX 77571-5705 LEGAL: BLOCK 75: LOTS 38-40 & TR 37: BA YFRONT TO LA PORTE OCCUPANCY TYPE: RESIDENCE ZONING: R-I NON-CONFORMING ISSUES: N/A FACILITIES AVAILABLE: WATER YES SEWER YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: (!) UNIT VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFORE!vffiNTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWThlG REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Bnildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: ~1. 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 thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural 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 structure, purpose or location; ~3. Whenever any portion or member or appurtenance thereof is likely to fail, 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 Buildings Inspection Form Bldg 1 Page 2 _6. Whenever the building or s1ructure 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 unlawful acts; L-7. Whenever a building or s1ructure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, 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, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient frre-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fIre hazard; B. Dangerous or substandard electrical, 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 following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to 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; 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 frre code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #1: ffiEP AIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL 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 THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED 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 COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF THIS BOARD THA T THIS BUILDING BE DEMOLISHED. x~~ J2 4)A~pf)t B DING OFFICIAL'S OFFICE ~-/J-07 DATE x ! #tilL FIRE MARSHAL'S OFFICE u . II. 0"1 DATE x tJ. rYJ. 01~ FIRE CHIEFS OFFICE D~/t)?~7 DATE Dangerous Building lnspection Form Bldg I A = Adequate 1. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a Footings b. Sills c. Joists B. Walls 1. Exterior 2. Interior C. Means of Egress 1. Doors a Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a. Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC 1. Heating, 2. Air Conditioning m. PROPERTY CONDmONS Page 3 D = Deficient BUILDING EV ALUA nON CHECKLIST N/ A = Not Applicable UNK UNABLE TO INSPECT ~ ~ ~ ROT AT FRAME ~ ROOF SAGGING ~ ROOF SAGGING UNK UNABLE TO INSPECT UNK UNABLE TO INSPECT UNK UNABLE TO INSPECT ~ ~ UNK UNK ~ UNK ~ UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK 1. Accessory Structures ~ 2. Condition of Grounds ~ 3. Other ~ COMMENT / EXPLANATION N/A HOUSE LEANING UNABLE TO INSPECT UNABLE TO INSPECT ROT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT NOT TO CODE: UNGROUNDED 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 UNABLE TO INSPECT WINDOW UNIT NEEDS NEW DOOR: (I) BROKEN WINDOW Comments: 1. FOUNDATION CONCERNS DUE TO VISIBLE LEANING CONDITION. 2. HOUSE SEPARATING FROM ADDITION. S:\CPShareIlNSPECTION DIVISIONlALL OTIffiR STIlFFICode EnforcementIDang BuildingslD B INSP FORM 202 S BLACKWELL.doc06-2007 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 419 S 8TH ST. HCAD OWNER: PETER KUCHINKE - 118 OAKDALE ST. - LA PORTE TX 77571-7345 DEED OWNER: PETER J. KUCHINKA - 118 OAKDALE ST. - SHORE ACRES TX 77571 LEGAL: BLOCK 5: LOTS 9-10: LA PORTE OCCUPANCY TYPE: COML BLDG ZONING: GC NON-CONFORMING ISSUES: N/A FACILITIES AVAILABLE: WATER YES SEWER YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: N/A VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR 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 shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: ~ 1. 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 thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural 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 structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, 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 Buildings Inspection Form Bldg 1 Page 2 1--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 unlawful acts; 1--7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, 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, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that auy or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 1--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; 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; 1--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 THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 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 THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT TIllS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED 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 COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF TIllS BOARD THAT TIllS BUILDING BE DEMOLISHED. X R-tl)r-1.i, fA t~~w "1J-tJ 7 BUILDING OFFICIAL'S OFFICE DATE x !tI~ FIRE MAR 'S OFFICE ?;; ~'1 DATE x tJ. m.l?T~ FIRE CHIEF'S OFFICE ~{,/~?~7 DATE Dangerous Building Inspection Form Bldg I A = Adequate 1. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a Footings b. Sills c. Joists B. Walls 1. Exterior 2. Interior C. Means of Egress 1. Doors a Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC 1. Heating 2. Air Conditioning III. PROPERTY CONDITIONS Page 3 D = Deficient BUILDING EVALUATION CHECKLIST N/A = Not Applicable UNK UNABLE TO INSPECT 1L- ROTTED: RUST ~ NONE tL- UNK UNABLE TO INSPECT UNK UNABLE TO INSPECT UNK UNABLE TO INSPECT UNK UNABLE TO INSPECT UNK UNABLE TO INSPECT UNK ~ ~ ~ 1L- UNK. ~ UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK ~ 1. Accessory Structures ~ 2. Condition of Grounds 1L- 3. Other COMMENT / EXPLANATION UNABLE TO INSPEC RUST: DAMAGED UNABLE TO INSPECT NO VISIBLE SERVICE PANEL 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 UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT NONE OVERGROWN Comments: EXTERIOR INSPECTION ONLY S:\CPShare\INSPECTION DIVISIONlALL OTIlER STUFFlCode EnforcementlDang BuildingsID B INSP FORM 419 S &TH.doc06-2007 Rev. ORDINANCE NO. 2007-.3l1 /8 AN ORDINANCE DECLARING THE BUlLDING(S) LOCATED ON Blk 75. Lots 38-40. & TR 37. Bayfront, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUlLDING(S) CONDEMNED; FINDING THAT Leonard Zlomke. IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUlLDING(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 BUlLDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUlLDING(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 WHEREAS, it has heretofore come to the attention of the Board that the building( s) located on Blk. 75. Lots 38-40. & Tr 37, Bayfront. which is further described as 202 S. Blackwell 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 Ordinance No. 2007- 30/8, Page 2 WHEREAS, said Board has heretofore made and filed its written report, June 5, 2007 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, Leonard Zlomke, whose address is 202 S. Blackwell St.. La Porte. TX 77571- 5705. that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on October 22, 2007 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 October 2.2007. 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 WHEREAS, City Council entered its order on October 22. 2007 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. Ordinance No. 2007- ~ I?, Page 3 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 Leonard Zlomke, who resides at 202 S. Blackwell St., La Porte, TX 77571-5705, and is the record owner( s) of the property on which this building is situated, and that as such record owner( s), the said Leonard Zlomke has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Leonard Zlomke to entirely remove or tear down such building(s), and further orders the said Leonard Zlomke, 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. 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 Leonard Zlomke. by registered mail, return receipt requested. Section 8. Should the said Leonard Zlomke, 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 Leonard Zlomke 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. Ordinance No. 2007- 3c/a Page 4 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 Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the ?)t1,{) day of -DUD b-e/ _, 2007. CITY ~L~ PORTE ~ By: ~.\~ Mayor ATTEST: ~01{ltlL0~L~ City Secretary APu~ -r~ City Attorney THE STATE OF TEXAS )( COUNTY OF HARRIS )( CITY OF LA PORTE )( NOTICE OF PUBLIC BEARING In accordance with the provisions of Article VII~ S. 82-477 of the City's Code of Ordinances, notice is hereby given that the La Porte City Council will conduct a Public Hearing at 6:00 P.M. on the 2200 day of October, 2007, in the Council Chambers of the City Hall, 604 West Fainnont Parkway, La Porte, Texas. The purpose of this hearing is to consider condemnation of the following structure(s) that have been found by the Board of Inspection to be dangerous (substandard) and a nuisance. I) 202 S. Blackwell Street Single-family dwelling in a Low Density Residential (R-I ) zone) Legal: Blk. 75; Lots 38-40 & Tr. 37; Bayfront Tax Roll: Leonard Zlomke - 202 S. Blackwell St. - La Porte, Tx 77571-5705 Deed: Leonard Zlomke - 202 S. Blackwell S1. - La Porte, Tx 77571-5705 Other: Leonard Zlomke - 209 S. Lobit - La Porte, Tx 77571-5705 2) 419 S. 8th Street Commercial Building in a General Commercial (GC) zone Legal: Blk. 5; Lots 9,10; La Porte Tax Roll: Peter Kuchinke - 118 Oakdale S1. - La Porte, Tx 77571-7345 Deed: Peter 1. Kuchinka - 118 Oakdale S1. - Shoreacres, Tx 77571 Owners of the above listed structures are hereby requested to appear before the City Council to show why their buildings should not be declared a nuisance, condemned and ordered to be tom down. Citizens wishing to speak at the public hearing, pro or con, will be required to sign in before the meeting is convened. Following the public hearing, a regular meeting of the City Council will be held to act upon the public hearing and other matters to be brought before the Council. CITY OF LA PORTE Martha Gillett, TRMC, CMC City Secretary There may be a possible quorum of City Council present at this meeting and may participate in discussions at this meeting, however, they will not vote on matters. THIS FACILITY BAS DISABILITY ACCOMODATIONS AVAILABLE. REQUESTS FOR ACCOMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETING. PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT (281) 471-5020 OR TDD LINE (281) 471-5030 FOR FURTHER INFORMATION. ACTION OF CITY COUNCIL On this, the '~;: ~.iO day of OC-li;b..{i ( , ;2oei) , the City Secretary of the City of La Porte, having received the 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 VITI, Section 82-478. CITY OF ~A PORTE ~ By I~~,~~ ATTEST: 01Y!tLul:v (1(/p/~ City Secretary CITY SECRETARY'S CERTIFICATE I hereby certify that on the JS'il day of {)til,l:?lr , :l-Ol)1, I mailed a notice to the above named owner, in connection with the above 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. L-J)1C1ftitA, ~ /I Martha Gillett, TRMC, CMC City Secretary S:\CPShare\Code Enforcement\Action by City Council Form.doc April 2004. Rev.