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HomeMy WebLinkAboutO-2007-3042 13 . REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 10/22/07 Appropriation Requested By: D. Wilmo Source of Funds: Department: Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Amount Requested: Exhibits: Repealing Ordinance Budgeted Item: YES NO Exhibits: Condemnation Ordinance #2007-3015 Exhibits: Inspection Report & Slide Presentation 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 passed the condemned ordinance on 210 Pine Bluff Street. Demolition specifications were prepared and demolition bids were obtained on a group offourteen (14) structures which included 210 Pine Bluff Street. At the October 08, 2007 meeting, staff presented the demolition bid to Council; however, at the same meeting, the owner's representative for 210 Pine Bluff Street requested another opportunity to prepare a repair proposal. Council agreed to delay demolition of the structure until they received additional information from the owner and staff. The owner was directed to schedule a walk-thru inspection of the house with staff and be prepared to provide a specific repair proposal at the 10/22/07 Council meeting. A repealing ordinance has been prepared in case Council chooses to repeal condemnation Ordinance #2007-3015. Should Council not repeal the ordinance, staff is prepared to amend the purchase order to proceed with the demolition of 210 Pine Bluff Street. The owner's wife spoke with staff on October 11,2007 and advised they would get back with staff by the end ofthe day to schedule a walk-thru. On October 15,2007, Mr. Pfirman called and scheduled a walk-through on October 16, 2007. It> L (61 Date C D lA "C I L De 11'1 ~[~ pA-6SA-~jt ORDINANCE NO. 2007-3~ AN ORDINANCE REPEALING ORDINANCE NO. 2007-3015, PROVIDING FOR THE CONDEMNATION OF THE STRUCTURE LOCATED ON BLOCK 7, LOTS 31-33, PINE BLUFF, HARRIS COUNTY, TEXAS, AND DECLARING SAME TO BE' A PUBLIC NUISANCE, CONTAINING A REPEALING CLAUSE, CONTAINING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. 0. ( -f1,,; s D ( () 'dl{t nee BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The city Council of the City of La Porte hereby expressly repeals Ordinance 2007-3015, passed and approved on the 27th day of August, 2007. Section 2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 3. The City Council officially finds, determines, 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 4. This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED, this ____ day of , 2007. By: C~i,~~ Alton E. Porter Mayor ATTEST: Leu nc ~ I c~ r n") r-ct- pA ')549( or - nf\) <) [) ( 0 ,I vV:1. (l ( {' Martha A. Gillett city Secretary ~~: ~/: ~ C ark T. Askins 7'1~ Assistant City Attorney 2 ORDINANCE NO. 2007- 3Di5 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 7. Lots 31-33. Pine Bluff, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDE}v.lNED; FINDING THAT Robert L. Pfrrman. IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY RE1\.10VE OR TEAR DO\VN SUCH BUILDING(S); ORDERING THE SAID O\VNER(S) TO COMMENCE SAID REMOVAL OR DEl\tIOLITION WITHlN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COIvlPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FR01\.1 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 O\\7NER(S); PROVIDING FOR THE . RE1vIOV AL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OW1\1ER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COIvlPLIANCE 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 L'lspection 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 \VHEREAS, 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 \VHEREAS, 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 ofthe 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 \V'tIEREAS, it has heretofore come to the attention or the Board that the building(s) located on Blk. 7. Lots 31-33. Pine Bluffwhich is further described as 210 Pine Bluff St., Harris County, Texas, has, for the reason or neglect or misuse, been allowed to deteriorate into a condition or decay or partial ruin or has become a public nuisance or hazard as defined in .. ... ... ., Section 82-473 orthe Code of Ordinances orthe City of La Porte; and Ordinance No. 2007- 3 O/-S- 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, Robert L. Pfirman. whose address is 17926 Bamwood Dr. Houston. TX 77090- 1857. and Robert L. Ptirman. whose address is 8045 Antoine #383. Houston. TX 77088. that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on August 27, 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 July 25. 2007 (Robert L. Ptirman - Bamwood Dr.) and Post Office web site shows "Undeliverable as Addressed" on July 26.2007 (Robert L. Ptirman- Antoine) and Post Office Returned as "Unclaimed" on August 09. 2007(Melissa Stallman & Todd Stevenson). 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 August 27. 2007 a day which is within fifteen (15) days after the termination ofthe hearing; NOW THEREFORE: Ordinance No. 2007-" 0 I~ Page 3 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 Robert L. Pfirman, who resides at 17926 Bamwood Dr.. Houston. TX 77090-1857. and Robert L. Ptirman. who resides at 8045 Antoine. #383. Houston. TX 77088 and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Robert L. Ptirman. has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Robert L. Pfirman. to entirely remove or tear down such building( s), and further orders the said Robert L. Pflfman. 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 Robert L. Pfirm~ by registered mail, return receipt requested. Section 8. Should the said Robert L. Pfrrmi!!!, 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 Ordinance No. 2007-30 fe;, Page 4 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 Robert L. Pfirman 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 Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the ;:}1JL day of dld1 {I. 51- . 2007. CITRFLAPOR~ By: ~~v\~ Mayor ATTEST: ~t1{./h, ~;;-// City Secretary APPROVED: ~T~ City Attorney City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 210 PINE BLUFF ST. HCAD OWNER: DEED OWNER: OTHER: RICHARD L. PFIRMAN - 17926 BAMWOOD DR. - HOUSTON. TX 77090-1857 RICHARD L. PFIRMAN - 8045 ANTOINE #383 - HOUSTON TX 77088 MELISSA STALLMAN & TODD STEVENSON- 2555 REPSDORPH #414- SEABROOK. TX 77586 CLEASEE) BLOCK 7: LOTS 31-33: PINE BLUFF LEGAL: OCCUPANCY TYPE: RESIDENCE ZONING: R-I NON-CONFORMING ISSUES: N/A FACILITIES A V AILABLE: WATER YES SEWER YES ELECTRlCAL: YES GAS: YES NO.OF DWELLING UNITS: (])UNlT 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: 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 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 Bldg 1 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 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 TIlE BOARD OF INSPECTION: OPTION #1: (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH TIlE CITY'S DANGEROUS BUILDING REGULATIONS AND TIlE 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 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 TIlE REPAIR OR AL TERA TION ORDER IS NOT COMPLIED WITH WITHIN TIlE TIMETABLE SET OUT IN ARTICLE Vrn. SECTION 82-478. IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. x Q~,-~ 2AJ~ fo-/1-tJ0 BUILDING OFFICIAL'S OFFICE DATE x (1 ffifL ~J FIRE SHAL'S OFFICE u It, 0'7 DAtE x Mm ff2~ FIRE CHIEF'S OFFICE 6 - ?-d7 DATE ' Dangerous Building Inspection Form Bldg 1 A = Adequate I. 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. Wmdows D. Roof I. 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 ill. PROPERTY CONDmONS Page 3 BUILDING EVALUATION CHECKLIST UNK UNK UNK UNK ~ UNK UNK A-- ~ ~ A-- A-- UNK UNK UNK ~ UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK ~ I. Accessory Structures ~ 2. Condition of Grounds ~ 3. Other Comments: D = Deficient N/A = Not Applicable COMMENT / EXPLANA nON UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT SOME ROT UNABLE TO INSPECT UNABLE TO INSPECT STEPS MISSING AT BACK DOOR DAMAGED WINDOWS: BOARDED UP BY CLP 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 UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNIT AT ROAD VERY BAD CONDITION RECENTLY CLEANED UP: PILES AT RD. 6-12-07 STAFF MET WITH NEW LEASEES: INTERIOR OF HOUSE HAS BEEN GUTTED. S:\CPShareIlNSPECTION D1V1SIONlALL OTHER STUrnCode EnforcementlDang BuildingsID B INSP FORM 210 PINE BLUFF.doc06-2007 Rev.