HomeMy WebLinkAboutO-2006-2910
ORDINANCE NO. 2006- ~ t:j / ()
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 80, Lts 13-14.
La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING(S) CONDEMNED; FINDING THAT Estella Monroe 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 TlllRTY (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 TIllS 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 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
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on Blk 80. Lts 13-14. La Porte which is further described as 306 N 5th St., Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a
Ordinance No. 2006- J q / t) , Page 2
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 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, Estella Monroe, whose address is 306 N 5th S1.. La Porte. TX 77571-3430. 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 Post Office returned certified envelope as "undeliverable" 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- ~ '1LQ.., 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 ofthe 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 Estella
Monroe, who resides at 306 N 5th St.. La Porte, TX 77571-3430 and is the record owner(s) of
the property on which this building is situated, and that as such record owner(s), the said Estella
Monroe has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Estella Monroe to entirely
remove or tear down such building(s), and further orders the said Estella Monroe 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 ofthe City of La Porte to cause
a notice of the dangerous, unsanitary condition ofthe 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 oflaw.
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 Estella Monroe, by
registered mail, return receipt requested.
Section 8. Should the said Estella Monroe, 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- ~ 'lLL 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 Estella Monroe, 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 IJ- day of '1 u lV' 2006.
C1Tr,<\F ~~ PORTI'lE '\)
By: ~J\~-
Mayor
ATTEST:
:1ll 0Ji~,~ 4;;4
City Secretary
APPROW:;r ~.b
~~
City Attorney
ACTION OF CITY COUNCIL
On this, the lad- day of "1 (). (~ ' ~ 00 ~ , the City SecrelaIy of the
City of La Porte, having received the a ove and foregomg 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 VITI, Section 82-478.
CITY OF LA PORTE
~W~
By:
ATTEST:
vflJrJll;/JtL ~
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the II#-. day of J't (tfo k. 00(.. , I mailed a
notice to the above named owner, in connection with the a ove 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.
1Y!~a, ~
Martha 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:
05-17-06
STREET ADDRESS: 306 N. 5TH ST.
HCAD OWNER: ESTELLA MONROE - 306 N. 5TH ST. - LA PORTE. TX n571-3430
DEED OWNER: ESTELLA MONROE - 306 NORTH 51H - LA PORTE. TX 77571
LEGAL: BLOCK 80: LOTS 13.14: LAPORTE
OCCUPANCY TYPE: RESIDENCE
ZONING:
R-l
NON-CONFORMING ISSUES:
FACILITIES AVAILABLE: WATER:
YES
SEWER:
GAS:
YES
ELECI'RICAL:
YES
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
BUll.DING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUll.DING, FOR THE
FOLLOWING REASONS:
Sec. 82-473. DecIaration 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 thereofhas 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 m;n;nnun 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 thereat: because of (a) dilapidation,
deterioration, or decay; (b) fiwlty 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-5. Whenever, fur any reason, the building or structure, or any portion thereot: is manifestly unsafe fur
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;
~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, becanse of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or
heating apparatus or other canse, 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 aU 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 thereofbecanse of (a) dilapidation, deterioration, or
decay; (b) fu.ulty 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 canse 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 CONCLUSI.oNS OF THE BOARD OF INSPECTION:
OPTION #1:
lREP AIRABLE - RESIDENTIAL)
IN ACCORDANCE wrrn: THE CITY'S DANGEROUS BUlLDING REGULATIONS AND TIm 2003 INTERNATIQNAL
RESIDENTIAL CQDE. AS AOOP'IED. AMENDED AND ENACIED BY CITY. ORDINANCE #04-2700 AND #96-2079-
B. USING THE REGULATIONS AND CODE AS ITS GUIDE IT IS THE .oPINION OF THE DANGEROUS BUlLDING
INSPECTION BOARD THAT TInS BUILDING IS IN F ACf DANGEROUS BUT STILL REPAIRABLE. ALL
REQUIRED REPAlRS .oR ALTERATIQNS SHALL BE DONE IN ACCORDANCE WTIH ALL APPLICABLE CITY OF
LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED wrrn:
WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS !HEN TIm OPINION .oF THIS
B.oARD THAT THIS BUll.DING BE DEM.oUSHED.
x k), UJ~ 05-/9-11(
BUILDING .oFFICIAL'S .oFFICE DATE
;(~~CE
r/t?4
, DATE
x!J//l ~
FIRE CHIEFS OFFICE
~3/t;"
DATE
Dangerous Building Inspection Farm Bldg 1
A = Adequate
1 STRUCTURAL
A. Foundation
1. Slab
2. Pier & Beam
a Footings
b.Sills
c.Joists
B. WaDs
1. Exterior
2. Interior
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. Floon
G. Other
ll. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
2. 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. WaterPiping
3. Drain, Waste
& Vent
4. Sewer/Septic tmk
5. Gas System
C. Heating & AlC
1. Heating
2. Air Conditioning
ill. PROPERTY CONDmONS
Page 3
D = Deficient
BUILDING EVALUATION CHECKLIST
N/A
IL--
IL--
UNK.
IL--
UNK
UNK.
IL--
IL--
IL--
L-
IL--
UNK.
IL--
IL--
~
IL--
UNK.
UNK.
UNK
~
IL--
UNK.
UNK
UNK
IL--
UNK.
UNK
UNK
UNK
UNK
UNK
1. Accessory Stmctures N/ A
2. Condition of Grounds IL--
3. Other
Comments:
N/ A = Not Applicable
COMMENT /EXPLANATION
UNEVEN SETTLEMENT
ROT: MISSING
UNABLE TO INSPECT
ROT. HOLES
UNABLE TO INSPECT
UNABLE TO INSPECT
ROTTED THRESHOLD
REAR STEPS BROKEN
BROKEN IN PLACES. ROT
NO SHINGLES
UNABLE TO INSPECT
WATER STAINS
MISSING IN KITCHEN (WINDOW VIEW)
DEAD FRONT MISSING
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECI'
NO SINK (WINDOW VIEW)
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
IMPROPER INSTALLATION: NO T & P LINE
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
DEBRIS & DOWNED TREE
S:\CPSbare\INSPECTION DIVISION\ALL OTIIER STUFFlCode EnforcementIDang BuildingsID B INSP FORM 306 N 5TH.doc07-2004 Rev.