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Home My WebLink AboutO-2009-3165 PH extended until 8/23/10 . 11/12 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Mav 17. 2010 Bude: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.OO Amount Requested: Exhibits: Inspection Report Budgeted Item: YES NO Exhibits: Ordinance Exhibits SUMMARY & RECOMMENDATION The August 10,2009, October 12, 2009, December 14,2009, January 25,2010 and March 08, 2010 public hearing for 401 N. 6th Street was continued until May 17, 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. An April 30, 2010 site visit to 401 N. 6th Street showed no change. Also, on the same date, I spoke with the owner (Mary Riley) by phone and she advised she has been unsuccessful in getting financial assistance so she is in the process of selling the property. She has a document stating an expected closing date on or before May 19,2010. I spoke with the realtor on May 1, 2010 and she explained they are reviewing the heirship documents/ title so the exact closing date is unknown at this time. The realtor is part of a company that typically purchases property, makes repairs and then resells the property. The structure was damaged by fire in October 2005 and 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. Based on this new information, the recommendation of the Dangerous Building Inspections Board is to table the structure and continue the public hearing for 90-days. This will allow us an opportunity to follow-up on the possible ownership change, provide notifications and schedule meetings with the new owner. Action ReQuired bv Council: Co lder t bling the structure and continuing the public hearing for 90-days or other action regarding the structure at 4 1 N. 6th treet ~;;,~ . 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: RESIDENTAL ZONING: R-I NON-CONFORMING ISSUES: N/A ELECTRICAL: iii iii SEWER: GAS: iii iii FACILITIES AVAILABLE: WATER: NO.OF DWELLING UNITS: iii OCCUPIED: VACANT: 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 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; I!lI 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 PAGE 2 bZJ 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; Iil 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: 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; bZJ 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 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 I. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. 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 I. Accessory Structures N/ A 2. Condition of Grounds ~ 3. Other Comments: Date of Fire October 12,2005 DANGEROUS BUILDINGS INSPECTIONS FORM A = Adequate PAGE 3 BUILDING EV ALVA TION 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 ~ ~ ~ ~ FIRE DAMAGE POOR CONDITION UNK ~ ~ N/A UNABLE TO INSPECT HOLES VISIBLE THRU I WINDOW /DOOR N/A ~ UNK UNK UNK N/A NO DEADFRONT; 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 S:\CPSharcIlNSPECTION DlVISIONlALL OTHER STUFFlCodc EnforccmcntlDang BuildingslDANG BLDG INSP FORM2.doc 02-2004 Rev. ~b\\L "Ut(~ ~q 11n M erd tc,l u f\i \ Y c..y~ ""lJA, UAJ. ~Jf ORDINANCE NO. 2009- Y'V'-..:J V. -' 'u 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 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 ofthe 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 ofthe 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 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 ofthe 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; and on that date the hearing was continued for another 60 days, to May 17,2010; 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 May 17. 2010 a day which is within fifteen (15) days after the termination ofthe 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 ofthe 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 ofthe 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 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 George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley, by registered mail, return receipt requested. Page 4 Ordinance No. 2009- 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 , 2010. CITY OF LA PORTE By: Mayor ATTEST: City Secretary APP~d -r ~ 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 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