HomeMy WebLinkAboutO-2007-3020 Denied
12
REQUEST FOR CITY COUNCIL AGENDA ITEM
Department:
July 23. 2007
D. w_re~~~
Planning
Aoorooriation
Agenda Date Requested:
Requested By:
Source of Funds: General Funds
Account Number: #001-9092-524-6021
Report: X Resolution:
Ordinance:
X
Amount Budgeted: $56.230.00
Amount Requested:
Exhibits: Dangerous Buildings & Owner Information
BudgdedUem: 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 VITI; 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 infonnation regarding proposed repairs.
The owner of 419 So. 8th Street has completed clean-up of the property, repairslpainting 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. 8th 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
SUBST 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-J) 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. Lobit - La Porte, Tx 77571-5705
Taxes: None
MowinglClean-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 81. - La Porte, Tx 77571-7345
Deed: Peter J. Kuchinka - 118 Oakdale St. - Shoreacres, Tx 77571
Taxes: None
MowinglClean-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-1
NON-CONFORMING ISSUES:
N/A
F ACILITlES AVAILABLE: WATER
YES
SEWER
YES
ELECTRICAL:
YES
GAS:
YES
NO.OF DWELLING UNITS:
(1) 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 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 ofthe 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 BJdg 1
Page 2
_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;
L-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 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 fIre code so as to constitute a potential hazard to life, health, property or
safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #1:
(REPAIRABLE - 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
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 COMPLIED WITH
WITHIN THE TIMETABLE SET OUT IN ARTICLE Vill. SECTION 82-478. IT IS THEN THE OPINION OF THIS
BOARD THAT THIS BUILDING BE DEMOLISHED.
x~1J~ j, 7A}JI~~
B DING OFFICIAL'S OFFICE
(,-IJ-07
DATE
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FIRE MARSHAL'S OFFICE
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DATE
x tJ.rn. 01~
FIRE CHIEF'S OFFICE
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DATE
BUILDING EV ALUA nON CHECKLIST
A = Adequate D = Deficient N/ A = Not Applicable
1. STRUCroRAL COMMENT / EXPLANATION
A. Foundation
1. Slab ~ N/A
2. Pier & Beam
a Footings 1L.......- HOUSE LEANING
b.Sills UNK UNABLE TO INSPECT
c. Joists UNK UNABLE TO INSPECT
B. Walls
1. Exterior 1L.......- ROT
2. Interior UNK UNABLE TO INSPECT
C. Means of Egress
1. Doors
a Interior UNK UNABLE TO INSPECT
b. Exterior A.-
2. Porches, Steps,
Stairs A.-
3. Windows 1L.......- ROT AT FRAME
D. Roof
1. Rafters 1L.......- ROOF SAGGING
2. Deck, Shingles 1L.......- ROOF SAGGING
E. Ceilings
1. Joists UNK UNABLE TO INSPECT
2. Ceiling UNK UNABLE TO INSPECT
F. Floors UNK UNABLE TO INSPECT
Dangerous Building Inspection Form Bldg 1
G. Other
IT. 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
I. Heating,
2. Air Conditioning
ITL PROPERTY CONDITIONS
A.-
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
1. Accessory Structures 1L.......-
2. Condition of Grounds A.-
3. Other A.-
Page 3
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: I. FOUNDATION CONCERNS DUE TO VISIBLE LEANING CONDITION. 2. HOUSE
SEPARATING FROM ADDITION.
S:\CPShare\lNSPECTION DIVISIONlALL om STUFFlCode 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 ofthe following is applicable:
L-I. 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;
L-S. 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 BJdg 1
Page 2
-..j 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;
L-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 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 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
INSPECTlON 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 mAT THIS BUILDING BE DEMOLISHED.
X C;;~r-1~, fA t.~~W (q-/J-tJ'1
BUILDING OFFICIAL'S OFFICE DA TE
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FIRE MAR. 'S OFFICE
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DATE
x tJ.m.~~
FIRE CHIEF'S OFFICE
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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
rr.MEC~CALSYSTEMS
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 Pipiug
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 EV ALUA nON CHECKLIST
N/A = Not Applicable
UNK UNABLE TO INSPECT
IL- ROTIED:RUST
~ NONE
L-
UNK UNABLE TO INSPECT
UNK UNABLE TO INSPECT
UNK UNABLE TO INSPECT
UNK UNABLE TO INSPECT
UNK UNABLE TO INSPECT
UNK
~
~
~
IL-
UNK
~
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
~
1. Accessory Structures ~
2. Condition of Grounds IL-
3. Other
Comments:
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
EXTERIOR INSPECTION ONLY
S:\CPShareIINSPECTION DlVISIONlALL OTHER STIJFF\Code Enforcement\Dang Buildings\D B INSP FORM 419 S 8TH.doc06-2007 Rev.
ORDINANCE NO. 2007- 30;?O
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AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk S. Lots 9-10.
La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING(S) CONDEMNED; FINDING THAT Peter Kuchinke ARE 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
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on Blk. S. Lots 9-10. La Porte which is further described as 419 S. 8th 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. 2007-3~;?~
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, Peter Kuchinke, whose address is 118 Oakdale St.. La Porte. TX 77571-7345
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 "Unclaimed" - Post Office shows attempted delivery on
September 29.2007. 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~ :3 OJ f!
Page 3
Section 2. Based on the evidence presented at said hearing, the City Council hereby
adopts the attached report ofthe 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 Peter
Kuchinke, who resides at 118 Oakdale St.. La Porte. TX 77571-7345, is the record owner(s) of
the property on which this building is situated, and that as such record owner(s), the said Peter
Kuchinke. has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Peter Kuchinke. to entirely
remove or tear down such building( s), and further orders the said Peter Kuchinke, 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 Peter Kuchinke, by
registered mail, return receipt requested.
Section 8. Should the said Peter Kuchinke, 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 Peter
Kuchinke, 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- 3 PJ((
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
day of
, 2007.
CIT~ LA PORTE ru
By: l0b.~ t~, \~
Mayor
City Secretary
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ATTEST:
APPROVED:
~ T 4~J(~
City Attorney