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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