HomeMy WebLinkAboutO-2009-3165 no action taken/Public Hearing continued from 3/8/10 meeting
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 08, 2010
Budeet
Requested By:
D. Wilmore
Source of Funds: General Funds
Department:
Planning
Account Number: #001-9092-524-6021
Report: X Resolution:
Ordinance:
X
Amount Budgeted: $45,658.00
Exhibits: Inspection Report
Amount Requested:
Exhibits: Condemnation Ordinance
Budgeted Item: YES NO
Exhibits Photo Presentation
SUMMARY & RECOMMENDATION
The August 10,2009, October 12,2009, December 14,2009 and January 25,2010 public hearing for 401 N.6th
Street was continued until March 08, 2010. Subsequent to the first public hearing meeting, legal notices, in
accordance with Article VIII; Section 82-475 of the Code of Ordinances, were provided to the structure owner. The
individual attended each public hearing and was aware of the continuances granted by Council. Staff also sent
meeting reminder letters.
A February 23,2010 site visit to 401 N. 6th Street showed no change. Also, on the same date, we spoke with the
owner (Mary Riley) by phone and she informed staff that a representative from the Harris County Home Repair
Program advised her that they are unable to assist her in the repair of the home.
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 the structure.
The structure was damaged by a fire in October 2005 and while the Dangerous Building Inspections Board is aware
of Ms. Riley's recent efforts, the County's decision not to assist with repairs is significant. Since funding has not
been secured and the structure remains a public nuisance, staff recommends condemnation of the structure at 401
N. 6th Street.
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Date
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
June 26, 2009
STREET ADDRESS:
401 N 6TH ST
HCAD OWNER:
GEORGE EUGENE 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: RESIDENT AL
ZONING: R-l
NON-CONFORMING ISSUES:
N/A
GAS:
iii
iii
ELECTRICAL:
bZI
bZI
SEWER:
FACILITIES 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;
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 INSPEC!10NS FORM PAGE 2
iii 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 aU 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 maintenance, which in relation to existing use
constitutes a hazard to life, health, property or safety;
iii 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;
Iil 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 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 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 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.
X
BUILDING OFFICIAL'S OFFICE
DATE
X
FIRE MARSHAL'S OFFICE
DATE
X
FIRE CHIEF'S OFFICE
DATE
I. 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 CONDITIONS
1. Accessory Structures N/ A
2. Condition of Grounds ~
3. Other
Comments: Date of Fire October 12.2005
DANGEROUS BUILDINGS INSPEC!10NS FORM
A = Adequate
PAGE 3
BIDLDING EV ALUA nON CHECKLIST
D = Deficient
N/A = Not Applicable
COMMENT / EXPLANATION
UNK
UNABLE TO INSPECT
N/A
N/A
N/A
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-
N/A
UNABLE TO INSPECT
HOLES VISIBLE THRU 1 WINDOW /DOOR
N/A
~
UNK
UNK
UNK
N/A
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:\CPShare\JNSPECTION OIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\DANG BWG INSP FORM2.doc
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ORDINANCE NO. 2009-3/lt ~
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 Riley, 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 REMOV AL OR
DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTNE DATE OF THIS
ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN
THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING
THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID
BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS
ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID
BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN
THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-
472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to
be composed of the Building Official or his duly authorized representative, the Fire Chief or his
duly authorized representative, the Fire Marshal or his duly authorized representative; and
WHEREAS, Section 82-474 (a) provides that:
Whenever it shall come to the attention of the Board or any member thereof, by reason of
the carrying out of the necessary duties of such member, or by reason of a complaint of any
citizen of the City or ofthe City Council, that a dangerous building exists, the Board shall make
a thorough inspection of such building(s); and
WHEREAS, Section 82-474 (e) provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members of the City
Council and to the City Attorney. Such report shall state the circumstances and the condition of
the building(s) upon which such conclusion was based. The report shall be filed in all cases no
matter what conclusion is stated by the Board; and
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on 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
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
Ordinance No. 2009-
Page 2
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 mail, 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 was continued for another 60 days, to December 14, 2009; and on that date the
hearing was continued for another 30 days, to January 25,2010; and on that date the hearing was
continued for another 30 days, to March 08, 2010;
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 March 08. 2010 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 George
Eugene Riley, who resides at 904 S Kansas St.; La Porte, TX 77571-5808 and Eugenia Mae
Riley c/o George Eugene Riley, who resides at 904 S Kansas St.; 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 c/o 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 c/o George Eugene Riley to entirely remove or tear down such building(s),
and further orders the said George Eugene Riley and Eugenia Mae Riley c/o 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 c/o 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 ofthe 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 ofthe 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 , 2010.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
APPR~r ~
t City Attorney
ACTION OF CITY COUNCIL
On this, the day of " the City Secretary ofthe
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
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
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Buildings\Action by City Council Form.doc
401 NORTH 6TH
BEFORE ORIGINAL
8-10-2009 PUBLIC HEARING
401 NORTH 6TH
CURRENT STATUS
3-3-2010