HomeMy WebLinkAboutO-2009-3163 condemnation of 207 East “A” Street
ORDINANCE NO. 2009- ~I Y -'
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 198: E 68.6' of Lots
11-13: La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING
SUCH BUILDING(S) CONDEMNED; FINDING THAT Wade Cooper and Wade Cooper. Sr..
ARE 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 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 198: E 68.6' of Lots 11-13: La Porte. which is further described as 207 East "A"
Street. Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate
Ordinance No. 2009- 31 ~ 3
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, June 26.
2009 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, Wade Cooper, whose address is 211 E Main Street: La Porte. TX 77571-5440
and Wade Cooper. Sr., whose address is 2501 Pine Brook Lane; Seabrook. TX 77586. that a
hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on August
10. 2009 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 "Unknown" on July 17.2009 (E Main
Street Address) and on July 21. 2009 (Pine Brook Lane Address). 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 ofthe hearing, is required to make its decision in writing and enter its order; and
WHEREAS, City Council entered its order on August 10. 2009 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
Ordinance No. 2009- 61 (, .3
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 Wade
Cooper, who resides at 211 E Main St; LaPorte, TX 77571-5440 and Wade Cooper, Sr., who
resides at 2501 Pine Brook Lane; Seabrook, TX 77586 and are the record owner(s) of the
property on which this building is situated, and that as such record owner(s), the said Wade
Cooper and Wade Cooper, Sr. have been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Wade Cooper and Wade Cooper,
Sr. to entirely remove or tear down such building(s), and further orders the said Wade Cooper
and Wade Cooper, Sr. 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 ofthe 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 Wade Cooper and Wade
Cooper, Sr., by registered mail, return receipt requested.
Section 8. Should the said Wade Cooper and Wade Cooper, Sr. 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 upon the
said premises with such assistance as it may deem necessary, and cause the said building(s) to be
Ordinance No. 2009-31(#:),
Page 4
removed or demolished without delay, and the expenses of such procedure shall be charged
against the said Wade Cooper and Wade Cooper, Sr., 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 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 J O~y Of~, 2009.
CITY OF LA PORTE f-
By: ~-~
f1ayor
ATTEST:
L$f&&114
CIty Secretary
AP~
~r~
City Attorney
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
JUNE 26, 2009
STREET ADDRESS:
704 S HOLMES
HCAD OWNER:
TIM 1. & MARY C. GOMEZ; 704 S HOLMES ST, LA PORTE, TX 77571-5831
DEED OWNER: MARY MOCTEZUMA AND HUSBAND TIM GOMEZ; 704 S HOLMES ST, LA PORTE, TX 77571-5831
OTHER:
FIRST AMERICAN R. E. TAX SERVC; 8435 N STEMMONS 9TH FLR;DALLAS, TX 75247
TIM 1. GOMEZ; 1026 S 6TH # 18, LA PORTE, TX 77571
OTHER:
LEGAL:
L T 57, TRS 56 & 58^- BLK 21, BA YFRONT TO LA PORTE
OCCUPANCY TYPE: RESIDENTIAL
ZONING:
R-1
NON-CONFORMING ISSUES: N/A
GAS:
iii
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ELECTRICAL:
~
[iJ
SEWER:
F ACILITIES AVAILABLE: WATER:
NO.OF DWELLING UNITS:
VACANT:
iii
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:
iii 1. 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;
[iJ 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 thereof, because of (a) dilapidation,
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;
iii 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe
for the purpose of which it is being used;
DANGEROUS BUILIDINGS INPSECTION FORM
2
o 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;
iii 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;
iii 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 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 following is
applicable:
iii 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;
o 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;
o 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 THE BOARD OF INSPECTION:
OPTION # 1. (REPAIRABLE-RESIDENTIAL)
IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS, THE 2006
INTERNATIONAL RESIDENTIAL CODE AND THE 2008 NATIONAL ELECTRICAL CODE, AS ADOPTED,
AMENDED AND ENACTED BY CITY ORDINANCES # 04-2700, #96-2700-K AND #96-2079-L. USING
THE REGULATIONS AND CODE AS ITS GUIDE, IT IS THE OPINION OF THE DANGEROUS BUILDING
INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS, BUT STILL PREP AIRABLE. ALL
REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY
OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT VOMPLIED
WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII, SECTION 82-478, IT IS THEN THE OPINION
OF THE BOARD THAT THIS BUILDING BE DEMOLISHED.
xQ., 2J;Z1~
BUILDING OFFICIAL'S OFFICE
X (!.J1i~l~
FIRE SHAL'S OFFICE
06 -.Jd-~ '/
.
DATE
L/b~
( DA E
x {.J.m.~
FIRE CHIEF'S OFFICE
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DATE
DANGEROUS BUILIDINGS INPSECTION FORM
3
I. STRUCTURAL
A. Foundation
1. Slab N/A
2. Pier & Beam
a. Footings D
b. Sills UNK
c. Joists UNK
Walls
1. Exterior D
2. Interior D
Means of Egress
1. Doors
a. Interior D
b. Exterior D
2. Porches, Steps,
Stairs D
3. Windows D
D. Roof
1. Rafters D
2. Deck, Shingles D
E. Ceilings
1. Joists D
2. Ceiling N/A
F. Floors D
G. Other N/A
II. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel D
2. Wiring D
3. Lights, Switches D
4. Outlets D
5. Other N/A
B. Plumbing
1. Fixtures
a. Sink N/A
b. Lavatories N/ A
c. Water/Closets N/A
d. Tub/Shower N/ A
e. Water Heater UNK
2. Water Piping UNK
3. Drain, Waste
& Vent UNK
4. Sewer/Septic tank UNK
5. Gas System UNK
C. Heating & AlC
1. Heating N/ A
2. Air Conditioning N/ A
III. PROPERTY CONDITIONS
1. Accessory Structures N/ A
2. Condition of Grounds D
3. Other
Comments: Fire Date September 26. 2008
A = Adequate
BUILDING EVALUATION CHECKLIST
D = Deficient
N/A = Not Applicable
COMMENT / EXPLANATION
N/A
NOT LEVEL
NOT VISIBLE
NOT VISIBLE
FIRE DAMAGED
FIRE DAMAGED STUDS
REMOVED
FRONT DOOR MISSING. DOOR HEADER FIRE DAMAGED
CRACKED
BROKEN
FIRE DAMAGED
FIRE DAMAGED
FIRE DAMAGED
REMOVED
FIRE DAMAGED
N/A
FIRE DAMAGED
FIRE DAMAGED
FIRE DAMAGED
FIRE DAMAGED
N/A
NOT IN HOUSE
NOT IN HOUSE
NOT IN HOUSE
NOT IN HOUSE
NEED TO CHECK FOR FIRE DAMAGE
NEED TO CHECK FOR FIRE DAMAGE
NEED TO CHECK FOR FIRE DAMAGE
UNKNOWN
UNKNOWN
N/A
N/A
N/A
WEEDS. DEBRIS
S:\CPShare\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\DANG BLDG INSP FORMl.doc
02-2004 Rev.
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 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 OF LA PORTE
By:
Mayor
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 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.
Martha Gillett, TRMC, CMC
City Secretary
S:\City Planning Share\04-INSPECTIONS DIVISION\ALL OllIER STIJFF\Code Enforcement\Dang
Buildings\Action by City Council Form.doc