HomeMy WebLinkAboutO-2006-2913
ORDINANCE NO. 2006- ~,q }3
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON PT. TRS. 284C & 285B.
La Porte Outlots, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING
SUCH BUILDING(S) CONDEMNED; FINDING THAT Charles C. Hinds 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 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 ofthe 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 PI. Trs. 284C & 285B. La Porte Outlots which is further described as 11627 North L
St., Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate
Ordinance No. 2006- a... C{ l3 , Page 2
/
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
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, Charles C. Hinds, whose address is 4421 Red Bluff Rd.. Pasadena TX 77503-
4333, 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/} , 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 Charles C.
Hinds, who resides at 4421 Red Bluff Rd.. Pasadena. TX 77503-4333 and is the record owner(s)
of the property on which this building is situated, and that as such record owner(s), the said
Charles C. Hinds has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Charles C. Hinds to entirely
remove or tear down such building(s), and further orders the said Charles C. Hinds 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 Charles C. Hinds, by
registered mail, return receipt requested.
Section 8. Should the said Charles C. Hinds, 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-Jt1J '3 , 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 Charles C. Hinds, 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 lOW- day of1/.4vLy , 2006.
CITr:zF~APOR~
BY:~~\ ~
Mayor
ATTEST:
~ ad/14. Ii!LtIJ
CIty Secretary
APPROVW . ..
~ iU~A~
City AttOrAey
ACTION OF CITY COUNCIL
On this, the J oJL day of M ~ ' a~ 0 ~ , 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 9F LA PORTE f'\
By ~L,\~
ATTEST:
1If~~ A aUI
CIty Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the 11.1/- day of J u..l ~ ' l,Do (., , I mailed a
notice to the above named owner, in connection with the ab ve 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.
~ rl{J/lCL ,;1~
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: 11627 N. L ST.
HCAD OWNER: CHARLES HINDS - 4421 RED BLUFF RD. -PASADENA TX 77503-4333
DEED OWNER: CHARLES C. HINDS - 4421 RED BLUFF - PASADENA. TX 77503
LEGAL:
PT. TRS. 284C & 285B: LA PORTE OU'I1.OTS lHOMESIlE)
OCCUPANCY TYPE: RESIDENCE
ZONING:
LARGE LOT
NON-CONFORMING ISSUES:
FACILITIES AVAILABLE: WATER:
YES
SEWER:
GAS:
YES
YES
ELECTRICAL:
YES
NO.OF DWELLING UNITS:
(1) UNIT
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE ClTY'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 shaD be considered dangerous or substandard whenever it is
determined by the Board, that any or aD of the foDowing is applicable:
L-l. A building that is vacant, and is not up to cmrent 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 structma1 strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimtJfU requirements of the building code for new buildings of similar structure,
pw:pose 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,
deteriomtion, or decay; (b) fimlty consttuction; (c) the removal, movement or instability of any portion of the ground
necessary for the purpose of supporting the building; (d) the deteriOIation, decay, or inadequacy of its foundation, or
(e) any other cause, is likely to partially or completely collapse;
L-5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe
for the pmpose of which it is being used;
Dangerous Buildings Inspection Form Bldg I
Page 2
~6. Whenever the building or structure bas been so damaged by fire, wind, earthquake, or flood, or bas
become so dilapidated or deteriornted as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the pm:pose of colIlmitting unlawful acts;
~ 7. Whenever a building or structure, used or intended to be used for dwelling pm:poses, because of
inadequate mamrenance, 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 hmnan 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
hea1ing apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard dectrical, plumbing, or mechanical installations.
A building or structure shall be coDSidered dangerous or substandard whenever it is determined by
the Board, that any or all of the following is applic:able:
_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 fiIil or function as originally
intended;
~2. Whenever any installation or any portion thereafbecause of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, wbich in relation to existing use
constitutes a hazard to life, health. property or safety,
3. Whenever any installation or any portion thereof wbich 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 constrocted, iDstalled, 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:
(REI> AIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003
INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. 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 BUILDING INSPECTION BOARD THAT TIllS BUIlDING IS IN
FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REQUIRED REPAIRS OR ALTERATIONS SHALL
BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES.
IF THE REPAlR OR ALTERATION ORDER IS NOT CO:MPLIED WITH Wl1HlN THE TIMETABLE SET OUT
IN ARTICLE vm. SECTION 82-478. IT IS THEN THE OPINION OF TIllS BOARD THAT TIllS BUILDING
BE DEMOLISHED.
x~a W~ 05-/9-//b
BUILDING OFFICIAL'S OffiCE DATE
x r! 4~i~~
FIRE MARSHAL'S OFFICE
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tJATE
x~~
FIRE S roCE
si:ZJ~"
DATE
Dangerous Building Inspection Form Bldg I Page 3
Bun.DING EVALUATION CHECKLIST
A = Adequate D = Deficient N/ A = Not Applicable
1 STRUCTURAL COMMENT /EXPLANATION
A. Foundation
LSlab ~
2. Pier & Beam
a. Footings L-
b.Sills UNK UNABLE TO INSPECT
c. Ioists UNK UNABLE TO INSPECT
B. Walls
1. Exterior IL- ROT
2. JDterior IL- HOLES
C. Means of Egress
L Doors
a. Interior IL- MISSING
b. Exterior L-
2. Porches, Steps,
Stairs IL- ROT. HOLES IN PORCH; UNEVEN STEPS
3. Windows IL- BROKEN: OPEN: ROT
D. Roof
L Rafters IL- ROT
2. Deck, Shingles IL- DAMAGE FROM FALLEN TREE: HOLE:
F AClAISOFFIT ROT
E. CeiJiDgs
L Ioists IL- ROT
2. Ceiling IL- W ATERDAMAGE' HOLES
F. Floors IL..- SPRINGY IN BATH AREA
G. Other ~
II MEHCANICAL SYSTEMS
A. Electrical
L Service Entrance
& Panel L- INSUFFICIENT SERVICE SIZE
Wiring UNK UNABLE TO INSPECT
3. Lights, Switches IL- PLATES MISSING
4. Outlets L- INADEOUATE SPACING
5. Other N/A
B. Plumbing
L Fixtures
a. Sink A--
b. Lavatories A--
c. Water/Closets A--
d Shower L-
e Water Heater IL- FALLING IN: NO T & P LINE' NO VENT
2. Water Piping UNK UNABLE TO INSPECT
3. Drain, Waste
& Vent UNK UNABLE TO INSPECT
4. SewerlSeptic 1ank UNK UNABLE TO INSPECT
5. Gas System UNK UNABLE TO INSPECT
C. Heating & AlC
L Heating UNK UNABLE TO INSPECT
2. Air Conditioning UNK UNABLE TO INSPECT
ill. PROPERTY CONDmONS
1. Accessol)' Stroctures N/A
2. Condition of Grounds IL- WEEDS & DEBRIS
3. Other
Comments:
UNSECURED. GRAFFITI
S:\CPShareIINSPECTION DIVISIONIAIL OTHER STUFF\Code EnfurcemedtIDang BuiIdingsID B INSP FORM 11627 N L.doc07-2004 Rtv.