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HomeMy WebLinkAboutO-2006-2906 ORDINANCE NO. 2006- Jqo~ AN ORDINANCE DECLARING THE BUlLDING(S) LOCATED ON Blk 92. Lts 2-5. Bayfront, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUlLDING(S) CONDEMNED; FINDING THAT Colleen M. Applebe. % Russell Applebe 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 TillS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUlLDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COpy OF TillS 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 ofthe Board that the building(s) located on Blk 92. Lts 2-5. Bayfront which is further described as 602 East Main, Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of Ordinance No. 2006- J 'I (;~ , Page 2 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 May 17. 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, Colleen M. Applebe. % Russell Applebe, whose address is 318 Jamison, 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 June 14.2006, 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 July 10. 2006 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: Ordinance No. 2006- ~ q DV ' 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 ofthe 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 Colleen M. Applebe. % Russell Applebe, who resides at 318 Jamison. 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 Colleen Applebe. % Russell Applebe has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Colleen M. Applebe. % Russell Applebe to entirely remove or tear down such building(s), and further orders the said Colleen M. Applebe. % Russell Applebe 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 Colleen M. Applebe. % Russell Applebe, by registered mail, return receipt requested. Section 8. Should the said Colleen M. Applebe. % Russell Applebe, 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 - Ordinance No. 2006~ ~'iDL Page 4 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 Colleen M. Applebe, % Russell Applebe, 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 ofthe 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 lolL day of '1'u. Ly , 2006. CITY p~ LA PORTE '--)' By: lli~ ~4 \~ Mayor ATTEST: ~ fli1!J~ .)j)JJI/ City Secretary APPROVED: ~r~ City Attorney ACTION OF CITY COUNCIL On this, the /oJf.. dayof:JU. ~J , ~ool, , 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 VIII, Section 82-478. CITY OF LA PORTE By ~LV~ ATTEST: LdJ1tWitLuJJ~4 CIty Secretary .0 CITY SECRETARY'S CERTIFICATE I hereby certify that on the I fJ1.- day of LA. , _, I mailed a notice to the above named owner, in connection with the ab e 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. ~~ r'dtit~ M ha Gillett, TRMC, CMC City Secretary S:\CPShare\Code Enforcement\Action by City Council Form.doc April 2004. Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 05-17-Q6 STREET ADDRESS: 602 E. MAIN ST. HCAD OWNER: COlLEN M APPLEBE - 602 E. MAIN ST. - LA PORTE. TX 77571-5522 (DECEASED) DEED OWNER: COLLEEN MASSEY APPLEBE - 602 E. MAIN - LA PORTE. TX 77571 OTHER; RUSSELL APPLEBE - 318 JAMISON - LA PORTE. TX 77571 (SON) LEGAL: BLOCK 92' LOTS 2-5: BAYFRONT OCCUPANCY TYPE: RESIDENCE ZONING: R-I NON-CONFORMING ISSUES: FACILlTlES 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 vm, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN F ACf 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 oCthe CoUowing 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 bas 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 flUI, 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 thereot: because of (a) diIapidation, 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 thereat: 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 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; L-S. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, fuulty 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 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 inoperative, defective, dilapidated, or deteriorated so as to threaten to fuil or function as originally intended; L-z. 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 mainUlined 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: (REF AIRABLE - RESIDENTIAL) IN ACCORDANCE WITH TIIE CITY'S DANGEROUS BUILDING REGULATIONS AND TIIE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOP'IED. AMENDED AND ENACI'ED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING TIIE REGULATIONS AND CODE AS ITS GUIDE. IT IS TIIE OPINION OF TIIE DANGEROUS BUILDING INSPECTION BOARD TIiAT 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 TIIE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITII WITHIN TIIE TIMETABLE SET OUT IN ARTICLE vm. SECTION 82-478. IT IS mEN TIIE OPINION OF TInS BOARD TIiAT TInS BUILDING BE DEMOLISHED. x Cid. W~ (/5--/9-l1h BUILDING OFFICIAL'S OFFICE DATE ~~~~ L~/fi~ f S-p3/d~ DATE x tJ /J1!1-,o:>t FIRE CHIEFS OFFICE Dangerous Building Inspection Form Bldg 1 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 IT. MEHCANICAL SYSTEMS A. Electrical 1. Service Enttance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtmes a Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. WaterPiping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC . 1. Heating 2. Air Conditioning Page 3 D = Deficient BUllJ)ING EVALUATION CHECKLIST NfA l2..-.. l2..-.. UNK l2..-.. UNK UNK A-- l2..-.. l2..-.. l2..-.. l2..-.. UNK l2..-.. UNK NfA l2..-.. UNK UNK UNK ~ UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK ill. PROPERTY CONDmONS 1. Accessory Structures l2..-.. 2. Condition of Grounds l2..-.. 3. Other .,.- Nf A = Not Applicable COMMENT fEXPLANATION UNEVEN SETI'LEMENT ROT UNABLE TO INSPECT HOLES UNABLE TO INSPECT'" UNABLE TO INSPECT BACK PORCH STEPS UNLEVEL: FRONT PORCH - ROT IN FLOOR & CEILING BROKEN GLASS ROT HOLES UNABLE TO INSPECT FALLING INMSffiLE FROM WINDOW & DOORWAY)* UNABLE TO INSPECT MULTIPLE PANELS' NOT TO CODE 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 METAL GARAGE - HOLES IN ROOF: ROT WEEDS. DEBRIS Comments: *UNSECURED HOUSE FILLED WITH DEBRIS - HARD TO WALK AROUND & INSPECT. S:\CPShare\INSPECTION DIVISION\ALL OTHER STUFF\Code EnforcemotrtIDang BuildingslD B INSP FORM 602 E MAIN.doc07-2004 Rev.