HomeMy WebLinkAboutO-2009-3165 not acted on
9
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
December 14,2009
Budl!et
Requested By:
D. Wilmore
Source of Funds: General Funds
Department:
Planning
Account Number: #001-9092-524-6021
Report: X Resolution:
Ordinance:
X
Amount Budgeted: $45,65R 00
Exhibits: List of Tabled Dangerous Buildings
Amount Requested:
Exhibits: InsDection ReDorts & Condemnation Ordinances
Budgeted Item: YES
NO
Exhibits Photo Presentation
SUMMARY & RECOMMENDATION
The August 10, 2009 public hearing was continued until October 12,2009 for the structures at 704 So. Holmes and
40 I N. 6th Street. The October 12th public hearing was then continued until December 14, 2009. Subsequent to the
first public hearing meeting, legal notices in accordance with Article VIII; Section 82-475 ofthe Code of
Ordinances, were provided to the structure owners. While the individuals attended each public hearing and were
aware of the continuance granted by Council, staff sent letters reminding them of this meeting.
A December 2nd site visit to 704 So. Holmes shows minor progress in the last 60-days. The roof and the front
exterior walls are complete but doors & windows are still needed to secure the home and the interior is still gutted.
There has been no change to 401 N. 6th Street. The 0\\11er'S representative (Mary Riley) advised staff that as of
December 2nd, two California signatures are still needed to complete the affidavit and deed. Ownership transfer
cannot occur until the deed is recorded and Harris County assistance cannot be requested without ownership.
The purpose of this public hearing is to receive property owner, citizen and staff 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 each structure.
While the Dangerous Building Inspections Board is aware of the circumstances relating to each location, we also see
limited progress. On 704 So. Holmes there is a mortgage company involved and there was some progress, so we
recommend continuinl! the DubHc hearinl! for a final 60-davs to allow completion ofthe structure.
Since the I st goal of securing ownership has not yet been met and that completion time remains unknown, staff
recommends condemnation of 401 N. 6th Street.
fJ~() ~~
Tabled Substandard Buildings List
(Summer 2009 Group)
The August 10,2009 and October 12,2009 public hearings were continued by Council until the
December 14, 2009 meeting.
1) 704 So. Holmes
(Sing1e- family dwelling in a Low Density [R -1 ] zone)
HCAD #: #006-111-000-0056
Legal Description: B1k. 21; Lots 57 & Trs. 56 & 58A; Bayfront
Taxes Owed: -0-
Mowing/Clean-Up: -0-
2) 401 N. 6th Street
(Single-family dwelling in a Low Density [R-I] zone)
HCAD #: #023-2 10-000-0017
Legal Description: Blk. 91; Lots 17& 18; La Porte
Taxes Owed: $1,473.68 (As of July 2009)
Mowing/Clean-Up: -0-
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
JUNE 26. 2009
STREET ADDRESS:
704 S HOLMES
HCAD OWNER:
TIM J. & 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 SERVe: 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 & 58A, BLK 21, BA YFRONT TO LA PORTE
OCCUPANCY TYPE: RESIDENTIAL
ZONING:
R-I
NON-CONFORMING ISSUES: N/A
ELECTRICAL:
III
III
SEWER:
GAS:
IlZI
IlZI
FACILITIES AVAILABLE: WATER:
NO.OF DWELLING UNITS:
VACANT:
IlZI
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 ofthe following is applicable:
III I. 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;
III 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
6ZI 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;
6ZI 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;
6ZI 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 aU of the following is
applicable:
6ZI I. 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;
6ZI 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;
6ZI 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 WIlli THE CITY'S DANGEROUS BUILDING REGULATIONS. THE 2006
INTERNATIONAL RESIDENTIAL CODE AND lliE 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 lliE DANGEROUS BUILDING
INSPECTION BOARD lliAT TI-IIS BUILDING IS IN FACT DANGEROUS. BUT STILL PREPAIRABLE. 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
WIlli WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS lliEN THE OPINION
OF lliE BOARD THAT THIS BUILDING BE DEMOLISHED.
X
BUILDING OFFICIAL'S OFFICE
DATE
X
FIRE MARSHAL'S OFFICE
DATE
X
FIRE CHIEF'S OFFICE
DATE
DANGEROUS BUILIDINGS INPSECTION FORM
A = Adequate
I. STRUCTURAL
A. Foundation
I. Slab
2. Pier & Beam
a. Footings
b. Sills
c. Joists
Walls
I. Exterior
2. Interior
Means of Egress
I. Doors
a. Interior
b. Exterior
2. Porches, Steps,
Stairs
3. Windows
D. Roof
I. Rafters
2. Deck, Shingles
E. Ceilings
I. Joists
2. Ceiling
F. Floors
G. Other
II. MEHCANICAL SYSTEMS
A. Electrical
I. Service Entrance
& Panel
2. Wiring
3. Lights, Switches
4. Outlets
5. Other
B. Plumbing
I. Fixtures
a. Sink
b. Lavatories
c. Water/Closets
d. Tub/Shower
e. Water Heater
2. Water Piping
3. Drain, Waste
& Vent
4. Sewer/Septic tank
5. Gas System
C. Heating & AlC
I. Heating
2. Air Conditioning
III. PROPERTY CONDITIONS
1. Accessory Structures
2. Condition of Grounds
3. Other
Comments:
3
BUILDING EVALUATION CHECKLIST
D = Deficient
N/ A = Not Applicable
COMMENT / EXPLANATION
N/A
N/A
D
UNK
UNK
NOT LEVEL
NOT VISIBLE
NOT VISIBLE
D
D
FIRE DAMAGED
FIRE DAMAGED STUDS
D
D
REMOVED
FRONT DOOR MISSING, DOOR HEADER FIRE DAMAGED
D
D
CRACKED
BROKEN
D
D
FIRE DAMAGED
FIRE DAMAGED
D
N/A
D
N/A
FIRE DAMAGED
REMOVED
FIRE DAMAGED
N/A
D
D
D
D
N/A
FIRE DAMAGED
FIRE DAMAGED
FIRE DAMAGED
FIRE DAMAGED
N/A
N/A
N/A
N/A
N/A
UNK
UNK
NOT IN HOUSE
NOT IN HOUSE
NOT IN HOUSE
NOT IN HOUSE
NEED TO CHECK FOR FIRE DAMAGE
NEED TO CHECK FOR FIRE DAMAGE
UNK
UNK
UNK
NEED TO CHECK FOR FIRE DAMAGE
UNKNOWN
UNKNOWN
N/A
N/A
N/A
N/A
N/A
D
N/A
WEEDS, DEBRIS
Fire Date September 26, 2008
S:\CPShare\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang BuiIdings\DANG BLDG INSP FORM2.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 ofthe 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 VIII, 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 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:\City Planning Share\04-INSPECTIONS DIVISION\ALL OTHER STUFF\Code Enforcement\Dang
Buildings\Action by City Council Form.doc
ORDINANCE NO. 2009-
P Uv bile fk:1 e i V;; 4-0 r e,tr0t ; j\.J
Opg/l U n{j }
3 J(o 4 Jiif (to J IJ
H (/Jt1 AJ Df c;t vi ~c-(
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AN ORDINANCE DECLARING THE BUlLDING(S) LOCATED ON Blk 21: Lt 57. Trs 56 &
58A; Bayfront to La Porte. HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE;
ORDERING SUCH BUlLDING(S) CONDEMNED; FINDING THAT Tim J. & Mary C.
Gomez. ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID
OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUlLDING(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 BUlLDING(S);
ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO
SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUlLDING(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 ofthe Board that the building(s)
located on Blk 21: Lt 57. Trs 56 & 58A: Bayfront to La Porte, which is further described as 704
South Holmes, Harris County, Texas, has, for the reason of neglect or misuse, been allowed to
Ordinance No. 2009-
Page 2
deteriorate 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. Tim 1. & Mary C. Gomez, whose address is 704 South Holmes St.: La Porte.
TX 77571-5831. and Tim 1. Gomez, whose address is 1026 South 6th St. #16: La Porte. TX
77571, 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 July 21. 2009 (South 6th Addres&) and Post Office forwarded to
P.O. Box 365. La Porte. TX 77572-0365 on July 27.2009 (South Holmes 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; that such hearing was continued for 60 days, to October 12,2009, and on that date
the hearing continued for another 60 days, to December 14,2009;
WHEREAS, City Counci~ 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 December 14. 2009 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
Ordinance No. 2009-
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 Tim J. &
MaIy C. Gome~ who resides at 704 South Holmes S1.: La Porte. TX 77571-5831 and Tim 1.
Gomez, who resides at 1026 South 6th S1. #16: La Porte. TX 77571, and are the record owner(s)
of the property on which this building is situated, and that as such record owner(s), the said Tim
1. & MaIy C. Gomez have been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Tim 1. & Mary C. Gomez to
entirely remove or tear down such building(s), and further orders the said Tim 1. & Mary C.
Gomez 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 Tim 1. & Mary C.
Gomez. by registered mail, return receipt requested.
Section 8. Should the said Tim 1. & MaIy C. Gomez 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
Ordinance No. 2009-
Page 4
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 Tim 1. & Mary C. Gomez 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 ! 1/11- day of {)i@W,~ , 2009.
CITY OF LAPORTE
By:
Mayor
fJl!4dtf1IA-~41
Ity Secretary
AP~;r~ -r ~
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 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 vm, Section 82-478.
CITY OF LA PORTE
By:
Mayor
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 vm, 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 OTIIER STUFF\Code Enforcement\Dang
Buildings\Action by City Council Form.doc
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
JUNE 26. 2009
STREET ADDRESS:
704 S HOLMES
HCAD OWNER:
TIM J. & 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 STE:M:M:ONS 9TII FLR:DALLAS. TX 75247
TIM J. GOMEZ; 1026 S 6111 # 18. LA PORTE. TX 77571
OTHER:
LEGAL:
L T 57. TRS 56& 58A. BLK 21. BA YFRONT TO LA PORTE
OCCUPANCY TYPE: RESIDENTIAL
ZONIN"G:
R-l
NON-CONFORMING ISSUES: N/A
GAS:
III
1ZI
ELECTRICAL:
~
lZ1
SEWER:
F AClLITIES AVAILABLE: WATER:
NO.OF DWELLING UNITS: 1
VACANT:
o
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
lNSPECTION MADE AN lNSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED
THE BUILDlNG 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:
o 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;
1ZI 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;
[;2] 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
21 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;
I{] 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;
o 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:
I{] 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;
21 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
msafety; .
EZI 4. Whenever any installation m 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.
FINDJNGS AND CONCLUSIONS OF THE BOARD OF JNSPECTION:
OPTION # 1. (REPAIRABLE-RESIDENTIAL)
IN ACCORDANCE WITH TIffi CITY'S DANGEROUS BUll.,DING REGULATIONS, TIlE 2006
INTERNATIONAL RESIDENTIAL CODE AND TIlE 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 TIffi OPINION OF THE DANGEROUS BUll.,DING
INSPECTION BOARD THAT TIllS BUll.,DING IS IN FACT DANGEROUS, BUT STILL PREPAlRABLE. ALL
REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WIlli ALL APPLICABLE CITY
OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT VOMJ>LIED
WITH WITIllN TIffi TIMETABLE SET OUT IN ARTICLE Vllr, SECTION 82-478, IT IS THEN THE OPINION
OF TIffi BOARD iliA T TIllS BUILDING BE DEMOLISHED.
X g cI W:.l1~
BUliDJNG OFFICIAL'S OFFICE
;rfE~L~ OFFICE
X tJ .m. ~.a..
FIRE CHIEF'S OFFICE
Ob -.Jd'-~7
DATE'
L/~~
( DA
o [,!3D/rt
DATE
DANGEROUS BUILIDINGS INPSECTION FORM
3
1. STRUCTURAL
A. Foundation
1. Slab N/ A
2. Pier & Beam
a. Footings D
b.Sills ~
c. JoUrts ~
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. MEHCANlCAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel D
2. Wiring D
3. Lights, Switches D
4. Outlets D
5. Ofucr NM
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 ~
2. Water Piping ~
3. Drain, Waste
& Vent ~
4. Sewer/Septic tank ~
5. Gas System ~
C. Heating & AlC
1. Heating N/ A
2. Air Conditioning N/ A
m. PROPERTY CONDmONS
1. Accessory Structures N/ A
2. Condition of Grounds D
3. Oilier
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 MISSrnG. 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 rn HOUSE
NOT rn HOUSE
NOT rn HOUSE
NOT rn HOUSE
NEED TO CHECK FOR FIRE DAMAGE
NEED TO CHECK FOR FIRE DAMAGE
NEED TO CHECK FOR FIRE DAMAGE
UNKl'IOWN
UNKl'IOWN
N/A
N/A
N/A
WEEDS. DEBRIS
S:\CPShare\lNSPECTION DIVISION\AU OTHER STUFF\Code Enforcement\Dang Buildings\DANG BLDG rnsp FORMl.doc
02-2004 Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
June 26, 2009
STREET ADDRESS:
401 N 6TH ST
HCAD OWNER:
GEORGE EUGE1\TE RILEY; 904 S KANSAS ST, LA PORTE, TX 77571-5808
DEED OWNER: EUGENIA MAE RILEY C/O GEORGE EUGENE RILEY;
904 S KANSAS ST, LA PORTE, TX 77571-5808
LEGAL: LOTS 17,18, BLK 91; LA PORTE
OCCUPANCY TYPE: RESIDENTAL
ZONING: R-I
NON-CONFORMING ISSUES:
N/A
ELECTRICAL:
iii
iii
SEWER:
GAS:
iii
iii
FACILITIES AVAILABLE: WATER:
NO.OF DWELLING UNITS:
VACANT:
iii
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE Vlll, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED
THE BUILDING LOCATED THEREON, IN THEIR OPIN10N, 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 I. 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;
iii 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 BUILDINGS INSPECTIONS FORM PAGE2
bZl 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;
bZl 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;
liZI 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 ofthe following is applicable:
I. 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
function as originally intended;
fail or
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;
liZI 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;
iii 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:
SELECT OPTION #: 1. (REPAIRABLE - RESIDENTIAL)
IN ACCORDANCE WlTH 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 REPAIRABLE. AL REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE
IN ACCORDANCE WlTH ALL APPLICABLE CrIY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR
ALTERATION ORDER IS NOT COMPLIED WlTH WlTHIN THE TIMETABLE SET OUT IN ARTICLE VIII, SECTION
82-478, IT IS THEN THE OPINION OF THE BOARD THAT THIS BUILDING BE DEMOLISHED.
X
BUILDING OFFICIAL'S OFFICE
DATE
X
FIRE MARSHAL'S OFFICE
DATE
X
FIRE CHIEF'S OFFICE
DATE
L STRUCTURAL
A. Foundation
1. Slab
2. Pier & Beam
a. Footings
b. Sills
c. Joists
B. Walls
1. Exterior
2. Interior
Means of Egress
I. Doors
a. Interior
b. Exterior
2. Porches, Steps,
Stairs
3. Windows
D. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
I. Joists
2. Ceiling
F. Floors
G. Other
n. MEHCANlCAL 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. Tub/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
III. PROPERTY CONDITIONS
1. Accessory Structures ~
2. Condition of Grounds 1L--
3. Other
Comments: Date of Fire October 12,2005
DANGEROUS BUILDINGS INSPECTIONS FORM
A = Adequate
PAGE 3
BUILDING EV ALVA nON CHECKLIST
o = Deficient
N/ A = Not Applicable
COMMENT / EXPLANATION
UNK
UNABLE TO INSPECT
~
~
~
N/A
N/A
N/A
UNK .
UNK
UNABLE TO INSPECT
UNABLE TO INSPECT
UNK
UNK
UNABLE TO INSPECT
UNABLE TO INSPECT
!L-
!L-
!:L-
!:L-
FIRE DAMAGE
POOR CONDITION
UNK
!:L-
!L-
~
UNABLE TO INSPECT
HOLES VISIBLE THRU 1 WINDOW /DOOR
N/A
1L--
UNK
UNK
UNK
~
NO DEAD FRONT; BROKEN CONDUIT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
N/A
UNK
UNK
UNK
UNK
UNK
UNK
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNK
UNK
UNK
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNK
UNK
UNABLE TO INSPECT
UNABLE TO INSPECT
N/A
WEEDS, DEBRIS & DOWNED TREE
02.2004 Rev
S:\CPSharc\1NSPECTION DIVlSIONv\LL OTHER STUFF\Codc Enforccmcnt\Dang Buildings\DANG BLDG INSP FORM2.doc
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 VIII, 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 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:\City Planning Share\04-INSPECTIONS DIVISION\ALL OTHER STUFF\Code Enforeement\Dang
Buildings\Aetion by City Council Form.doc
ORDINANCE NO. 2009-
Pu b/I'L Hear/ilq '-fo
remat'/\ D~~ Hem
YJo-f ac/ed ov
31G{)
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 91: Lots 17. 18. La
Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING(S) CONDEMNED; FINDING THAT George Eugene Riley and Eugenia Mae Riley
c/o George Eugene Ril~. 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 TIllS
ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN
THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF TIllS 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 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 91: Lots 17. 18. La Porte. which is further described as 401 N 6th Street. Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a
Ordinance No. 2009-
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, 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, George Eugene Riley. whose address is 904 S Kansas St.: La Porte. TX 77571-
5808 and Eugenia Mae Riley c/o George Eugene Riley. whose address is 904 S Kansas St.: La
Porte. TX 77571-5808. 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 mai~ return receipt requested, which notices were "undelivered". Post
Office attempted (2) deliveries by 7-22-09 (George E. Riley) & Post Office attempted (2)
deliveries by 7-23-09 (Eugenina M. Riley % George E. Riley). 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; that such hearing was continued for 60 days, to October 12,2009, and on that date
the hearing continued for another 60 days, to December 14,2009
WHEREAS, City Counci~ 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 December 14. 2009 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
On:tinance No. 2009-
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 George
Eugene Riley. who resides at 904 S Kansas S1.: La Porte. TX 77571-5808 and Eugenia Mae
Riley clo George Eugene Riley, who resides at 904 S Kansas S1.: La Porte. TX 77571-5808 and
are the record owner(s) of the property on which this building is situated, and that as such record
owner(s), the said George Eugene Riley and Eugenia Mae Riley clo George Eugene Riley have
been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said George Eugene Riley and
Eugenia Mae Riley clo George Eugene Riley to entirely remove or tear down such building(s),
and further orders the said George Eugene Riley and Eugenia Mae Riley clo George Eugene
Riley 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 George Eugene Riley
and Eugenia Mae Riley clo George Eugene Riley. by registered mail, return receipt requested.
Ordinance No. 2009-
Page 4
Section 8. Should the said George Eugene Riley and Eugenia Mae Riley c/o George
Eugene Riley 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 removed or demolished without delay, and the expenses of such
procedure shall be charged against the said George Eugene Riley and Eugenia Mae Riley c/o
George Eugene Riley. 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
day of
, 2009.
CITY OF LA PORTE
By:
ATTEST:
Mayor
City Secretary
APu:
~T~
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 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 vrn, 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 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:\City Planning Share\04-INSPECTIONS DNISION\ALL OTIffiR STUFF\Code EnforcementIDang
BuildingS\ACtiOD by City COWlell Form.doc
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
June 26. 2009
STREET ADDRESS:
401 N 61E ST
HCAD OWNER.:
GEORGE EUGENE RILEY: 904 SKANSAS ST. LA PORTE. TX 77571-5808
DEED OWNER.: GEORGE RILEY C/O EUGENIA MAE RILEY: 904 S KANSAS ST. LA PORTE. TX
77571-5808
LEGAL:
LOTS 17. 18. BLK 91: LA PORTE
OCCUPANCY TYPE: RESIDENTAL ZONING: R-1
NON-CONFORMING ISSUES: N/A
ELECTRICAL:
o
Ell
SEWER:
GAS:
o
o
FACILITIES A V AlLABLE: WATER:
NO.OF DWELLING UNITS:
1
VACANT:
o
OCCUPIED:
AS REQUIRED rn TIlE CITY'S CODE OF ORDrnANCE, CHAPTER 82; ARTICLE vm, THE BOARD OF
rnSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED
TIffi BUILDrnG LOCATED THEREON, IN THEIR OPINION, IS rn FACT A DANGEROUS BUILDrnG, FOR
TIffi 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:
o 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;
IZJ 2. Whenever any portion thereofhas been damaged by fire, earthquake, wind, flood, or by
any other cause to such an extent that the s1ructural 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) 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
fD1mdation, or (e) any other cause, is likely to partially or completely collapse;
[;2J 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 BllILDlNGS INSl'ECDONS FORM PAGE 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;
Ii] 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;
o 8. Whenever any building or structIrre, 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:
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
function as originally intended;
fail or
2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate mainterui.nce, 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;
Ii] 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.
FJNDJNGS AND CONCLUSIONS OF TIm BOARD OF INSPECTION:
SELECT OPTION #: 1. (REPAIRABLE-RESIDENTIAL)
IN ACCORDANCE WITII 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 TIlE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD TIIAT THIS BUILDING IS
IN FACT DANGEROUS. BUT STILL REPAIRABLE. AL 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 COMPLIED WITII WITIDN TIlE TIMETABLE SET OUT IN ARTICLE VIII.. SECTION
82-478. IT IS TIffiN THE OPINJON OF THE BOARD THAT TIllS BUILDING BE DEMOLISHED.
xQ-~ ~)~
BUlLDJNG OFFICIAL'S OFFICE
C' (::J CT -0 ,9
DATE
~dL~
MARsHAL'S OFFICE
&/bla>s
( ATE
x LJ.m, 00~
FIRE CHIEF'S OFFICE
O&/3~/",
DATE
. ' .
DANGEROUS BUILDINGS INSPECTIONS FORM
A = Adequate
D = Deficient
BUlLDING EVALUATION CHECKLIST
PAGE 3
UNK
N/A
N/A
N/A
UNK
UNK
UNK
UNK
A-
A-
IL--
IL--
UNK
IL--
A-
N/A
~
UNK
UNK
UNK
NlA
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
N/A = Not Applicable
COMMENT / EXPLANATION
UNABLE TO WSPECT
N/A
NlA
N/A
UNABLE TO WSPECT
UNABLE TO WSPECT
UNABLE TO WSPECT
UNABLE TO WSPECT
FIRE DAMAGE
POOR CONDmON
UNABLE TO WSPECT
HOLES VISIBLE THRU 1 WlNDOw!DOOR
N/A
NO DEADFRONT: BROKEN CONDUIT
UNABLE TO WSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
N/A
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
N/A
WEEDS, DEBRIS & DOWNED TREE
L 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,
Stairs
3. Windows
D. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
1. Joists
2. Ceiling
F. Floors
G. Other
II. 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. Tub/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
1. Accessory Structures NI A
2. Condition of Grounds ~
3. Other
Comments: Date of Fire October 12, 2005
S..\Cl'Shzrc\lNSPEC!10N DIVISJDNIALL onIER.S1UFFICado~ BmldiDplDANG llI.DG INS!' FORM2..dac:
02.,2[JD4 Rev.
UPDATE ON
STRUCTURES TABLED AT
THE AUGUST 10} 2009
PU BLIC HEARl NG
704 SOUTH HOLMES
BEFORE
ORIGINAL
PUBLIC HEARING
704 S HOLMES
OCTOBER 12} 2009
704 S HOLMES
CURRENT STATUS
12-2-09
401 NORTH 6TH ST
BEFORE
ORIGINAL
PUBLIC HEARING
401 NORTH 6TH ST
CURRENT STATUS
-,I