HomeMy WebLinkAboutO-2006-2904 Ordinance FAILED
13/14
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
_be< 3; 1AMI6;L
D. Wilmore ~
Planning
Aoorooriation
Requested By:
Department:
Source of Funds: General Funds
Account Number: ##001-9092-524-6021
Report: X Resolution:
Ordinance: X
Amount Budgeted: $63.000.00
Exhibits: Inspection Reoort & Condemnation Ordinance
Amount Requested:
Budgeted Item: ~ NO
Exhibits: Dangerous Building and Owner Information
Exhibits: Slide Presentation
SUMMARY & RECOMMENDATION
City Council is asked to consider condemning and ordering the demolition of one (1) substandard stmcture/building.
A June 12, 2006 regular meeting authorized a July 10, 2006 public hearing date; however, at that hearing Council
"tabled" the structure for sixty (60) days and directed staff to bring this structure back for consideration at the
September 11,2006 Council meeting.
Subsequent to this meeting, as required by Article VIII; Section 82475 of the Code Ordinances, a notice was
published twice in the Bayshore Sun and a certified letter and regular mail letter (including the inspection report and
public notice) was mailed to the owner of the structure. Following the action by Council, staff will handle required
paperwork preparation and mailings. Should Council condemn the structure, demolition funds will be from the
2006/2007 budget.
The purpose of this public hearing is to receive property owner and citizen 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 the structure.
Staff has included the inspection report and condemnation ordinance as part of this packet
The Dangerous Building Inspection Board (Chief Building Official, Fire Marshal and Fire Chief) unanimously
recommend the structure be condemned and demolished.
Action Required bv Council:
Consider passage or other action regarding condemnation of the substandard stmcture.
Aooroved for City Council A2enda
"~~
Cf----&--Ol,/
Date
POTENTIAL DANGEROUS BUILDINGS
Summer 2006. Group 1 - Tabled Structure(s)
July 11, 2006
202 Forest Avenue
Zoning: R-3
Use: Old Lodge Building
Legal: Blk. 15; Lots 1-3; Sylvan Beach
FlCAJ): #035-213-015-0001
Tax Roll: Richard Fl. Flarrison - 4545 Elm St. - Bellaire, Tx 77401-3717
Deed: Richard II. Flarrison - 4545 Elm - Bellaire, Tx 77401
Taxes*: None Owed
Mowing/Clean-up Liens: $ 245.00
*Note: In 1994 the building valuation was reduced to $100 and then to
"No" valuation in 1995. No taxes for "improvements" have been
collected on the existing, on-site improvement since 1995.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
05-17-06
STREET ADDRESS:
202 FOREST A VB.
HCAD OWNER:
RICHARD H. HARRISON - 4545 ELM ST. - BELLAIRE. TX 77401-3717
RICHARD H. HARRISON - 4545 ELM - BELLAIRE. TX 77401
DEED OWNER:
LEGAL:
BLOCK 15: LOTS 1-3: SYLVAN BEACH
OCCUPANCY TYPE: OLD LODGE BUILDING
ZONING:
R-3
NON-CONFORMING ISSUES:
CONDffiONAL USE IN R-3 ZONE
FACILITIES AVAILABLE: WATER:
ELECTRICAL:
YES
SEWER:
YES
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 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 thereot: because of (a) dilapidation,
deterioration, or decay; (b) fu.uIty 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, for any reason, the building or structure, or any portion thereot: is manifestly unsafe for
the purpose of which it is being used;
Dangerous Buildings Inspection Form BIdg 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;
_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 apparntus 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;
~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;
~ 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 #3:
(NON-RESIDENTIAL)
IN ACCORDANCE wrm TIlE CITY'S DANGEROUS BUILDING REGULATIONS AND TIlE 2003 INTERNATIONAL
BUILDING. AS ADOPTED. AMENDED AND ENACIED BY CITY. ORDINANCE #04-2700 AND #96-2079-B. USING
TIlE REGULATIONS AND CODE AS ITS GUIDE. IT IS TIlE OPINION OF TIlE DANGEROUS BUILDING
INSPECTION BOARD TIIAT TInS BUILDING IS IN FACT DANGEROUS. Bur STILL REPAIRABLE. ALL
REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE wrm ALL APPLICABLE CITY OF
LA PORTE CODES AND ORDINANCES. IF TIlE REPAIR OR ALTERATION ORDER IS NOT COMPLIED wrm
WTIHIN TIlE TIMETABLE SET our IN ARTICLE VIII. SECTION 82-478. IT IS TIlEN TIlE OPINION OF TInS
BOARD TIIAT TInS BUILDING BE DEMOLISHED.
x ~, W~ PS-/9-(}'
BUILDING OFFICIAL'S OFFICE DATE
~s ,y~~,
'S OFFICE
X h } J1J fj~ '? I :J3/tJk
FIRIfCHIEFS OFFICE DATE
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
Means of Egress
1. Doors
a Interior
b. Exterior
2. Porches, Steps,
Stain;
3. Windows
D. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
1. Joists
2. Ceiling
F. Floors
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. Water Piping
3. Drain, Waste
& Vent
4. Sewer/Septic tank
5. Gas System
C. Heating & AlC
1. Heating
2. Air Conditioning
ill. PROPERTY CONDmONS
UNK
~
~
~
!L...-
UNK
UNK
L-
L-
UNK
!L...-
!L...-
UNK
UNK
UNK
N/A
!L...-
UNK
UNK
UNK
N/A
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
1. Accessory Structures N/ A
2. Condition of Grounds L-
3. Other
Comments:
Page 3
BUILDING EVALUATION CHECKLIST
D = Deficient
N/ A = Not Applicable
COMMENT / EXPLANATION
UNABLE TO INSPECT
HOLES. ROT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT-BOARDED UP
ROT
ROTTED FACIA & SOFFIT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
MElER CAN NOT TO CODE: UNABLE TO INSPECT !NT 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
UNABLE TO INSPECT
S:\CPShare\INIjPllCTION DIVISION\ALL OTIiER STUFF\Code Enforcement\Dang Buildings\D B !NSP FORM 202 FOREST A VE.doc07-2004 Rev.
ote o/nan{ em //(4
ORDINANCE NO. 2006- ltC/of.( jJ 01 /!t)f)ple tJ
AN ORDINANCE DECLARING THE BDaDING(S) LOCATED ON Blk 15. Lots 1-3. Sylvan
Beach, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BDaDING(S) CONDEMNED; FINDING THAT Richard H. Harrison IS THE RECORD
OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY
REMOVE OR TEAR DOWN SUCH BDaDING(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 TIllRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; ORDERING THE DANGEROUS BDaDING INSPECTION :BOARD TO
PLACE A NOTICE ON SAID BDaDING(S); ORDERING THE CITY SECRETARY TO
FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE
REMOVAL OF SAID BDaDING(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 ofthe 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 thereot: 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: 15, Lots 1-3. Sylvan Beach which is further described as 202 Forest Ave., Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a
Ordinance No. 2006- ~"()'f ' 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, Richard H. Harrison, whose address is 4545 Elm St.. Bellaire. TX 77401-3717,
that a hearing as- provided in Section 82-477 of said Ordinance would be held on September II.
2006, 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 September 01,2006. 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 September 11. 2006 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
Ordinance No. 2006- 21/J f ' 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 Richard H.
Harrison, who resides at 4545 Elm St.. Bellaire. TX 77401-3717 and is the record owner(s) of
the property on which this building is situated, and that as such record owner(s), the said Richard
H. Harrison has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Richard H. Harrison to entirely
remove or tear down such building(s), and further orders the said Richard H. Harrison 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 Richard H. Harrison, by
registered mail, return receipt requested.
Section 8. Should the said Richard H. Harrison, not comply with the orders contained
in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days
Ordinance No. 2006- ~ "of, Page 4
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 Richard H.
Harrison, 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 ofthis 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 (IN- day of 5~~
, 2006.
CITY?) LA PORTE-V
By: ~~~. {~
Mayor
f4ST
!ttI)de4JiI
City Secretary
DK {J; na net; Fa; Ire!
not /j()Opfl/
APPRa
wrAr~
City Attorney
ACTION OF CITY COUNCIL
On this, the day of ., the City Secretary of the
City of La Porte, having received the above and foregoing report from the Dangerous
Building Inspection Board ofthe 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 VIII, Section 82-478.
CITY OF LA PORTE
By:
ATTEST:
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the day of , _, I mailed a
notice to the above named owner, in connection with the above 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.
Martha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City COWlcil Fonn.doc
April 2004. Rev.
City of La Porte
Established 1892
August 28, 2006
Richard H. Harrison
4545 Elm Street
Bellaire, Tx 77401-3717
Certified Return Receipt Mail
#7005039000048171 0911
RE: Structure(s) at:
Legal Description:
202 Forest Avenue.
Block 15; Lots 1-3; Sylvan Beach
Dear Mr. Harrison,
Staff inspected the building(s) located at the above-described property and found it to be
substandard and a candidate for possible condemnation as a dangerous building(s) under
Article VITI; Section 82-473 of the City's Code of Ordinances.
Although a copy of the Dangerous Building Inspection Board report was previously
furnished to you in June, we are including an additional copy of it along with the new
public hearing notice as part of this letter.
Please note, should this building be demolished at the City's expense, you as the property
owner will be billed for the cost of demolition. Failure to reimburse the City will result
in a lien being filed against the property.
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
Public Hearing Notification Letter
Page 2 or 2
At the public hearing, the City's Chief Building Official will present a report and slide
presentation for City Council's use in assessing the condition of this structure. City
Council will make the final determination whether the structure may be repaired or
condemned and demolished.
Respectfully,
City of La Porte
--m~~/L/R
By: Martha Gillett, TRMC, CMC
City Secretary
Attachments
Xc: Mayor and City Council
Wayne Sabo, Director of Planning
Mike Boaze, Fire Chief
ClifMeekins, Fire Marshal
Board of Inspection File
Copy via regular mail