HomeMy WebLinkAboutO-2011-3339 condemning substandard building/1307 E MainPH cont/90 days, back 9/26/11 & 11/14/11 11
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 27, 2011 Budget
Requested By: D. Wilmore Source of Funds:
Department: Planning Account Number:
Report: X Resolution: Ordinances: X Amount Budgeted:
Amount Requested:
Exhibits: Inspection Report
Budgeted Item: YES NO
Exhibits: Photos
Exhibits Condemnation Ordinance
SUMMARY & RECOMMENDATION
On March 28, 2011 City Council reviewed the findings of the Dangerous Building Inspection
Board and granted an April 25, 2011 public hearing date. The April 25, 2011 public hearing for
1307 E. Main was continued until June 27, 2011. Subsequent to the first public hearing meeting,
legal notices in accordance with Article VIII; Section 82 -475 of the Code of Ordinance, were
provided to the structure owner. The individual attended the previous public hearing and was
aware of the continuance granted by Council. In addition, staff provided meeting reminder
letters.
The owner of the property is deceased and a son is handling the probate of the property. At the
last meeting, he advised they had a potential buyer and an agreement was made; however,
probate had to occur before the property sale could take place.
Staff has left messages requesting an update on the probate process; however, at time of this
agenda preparation, no new information has been received. A condemnation ordinance has been
prepared to allow Council flexibility of condemnation verses continuance of the public hearing
should the representative provide Council with an update that involves a request for more time.
Action Required by Council:
Consider passage of ordinance or other action regarding condemnation of the substandard
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Ron Bottoms, City Manager Date
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 2 -21 -2011
STREET ADDRESS: 1307 E. MAIN
OWNER: JANE FUQUA LEWIS, P. O. BOX 718, LA PORTE, TX 77572 -0718
DEED OWNER: JANE LEWIS, 1307 EAST MAIN ST, LA PORTE, TX 77571
OTHER: GREG LEWIS, 7310 PINE SHADOWS LN, BAYTOWN, TX 77521
LEGAL: BLK 989, LT 8 -16, LA PORTE
OCCUPANCY TYPE: RES ZONING: R -2
NON - CONFORMING ISSUES:
FACILITIES AVAILABLE: WATER X SEWER X
ELECTRICAL: X GAS: X
NO.OF DWELLING UNITS: 1
VACANT: X 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:
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;
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;
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 Inspection Form Page 2
6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or
flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a
harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing
unlawful acts;
7. Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is
determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is
likely to cause sickness or disease;
8. Whenever any building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient fire- resistive
construction, faulty electric wiring, gas connections, or heating 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
fail or function as originally intended;
2. Whenever any installation or any portion thereof because of (a) dilapidation,
deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance,
which in relation to existing use constitutes a hazard to life, health, property or safety;
3. Whenever any installation or any portion thereof which is damaged by fire, wind,
earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property
or safety;
4. Whenever any installation or any portion thereof was constructed, installed, altered or
maintained in violation of the building code and/or fire code so as to constitute a potential hazard
to life, health, property or safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
SELECT OPTION #1: (REPAIRABLE — RESIDENTIAL)
IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS, THE 2009
INTERNATIONAL RESIDENTIAL CODE AND THE 2008 NATIONAL ELECTRICAL CODE, AS ADOPTED,
AMENDED AND ENACTED BY CITY ORDINANCES #04 -2700. #96- 2079 -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. 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
COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII, SECTION 82 -478, IT IS TI-IEN
THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED.
BUILDING OFFICIAL'S OFFICE DATE
X
FIRE MARSHAL'S OFFICE DATE
X
FIRE CHIEF'S OFFICE DATE
Dangerous Building Inspection Form Page 3
BUILDING EVALUATION CHECKLIST
A = Adequate D = Deficient N/A = Not Applicable
I. STRUCTURAL COMMENT / EXPLANATION
A. Foundation
1. Slab N/A
2. Pier & Beam
a. Footings A
b. Sills UNK NOT VISIBLE
c. Joists UNK NOT VISIBLE
B. Walls
1. Exterior A
2. Interior UNK UNABLE TO ACCESS
C. Means of Egress
1. Doors
a. Interior UNK UNABLE TO ACCESS
b. Exterior A
2. Porches, Steps,
Stairs A
3. Windows A
D. Roof
1. Rafters D ROT
2. Deck, Shingles D SHINGLES MISSING, FACIA ROT
E. Ceilings
1. Joists UNK NOT VISIBLE
2. Ceiling D FALLING IN SEVERAL SPOTS
F. Floors UNK UNABLE TO VIEW
G. Other
II. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel D NO DEAD FRONT
2. Wiring UNK UNABLE TO ACCESS
3. Lights, Switches UNK UNABLE TO ACCESS
4. Outlets UNK UNABLE TO ACCESS
5. Other
B. Plumbing
1. Fixtures
a. Sink UNK UNABLE TO ACCESS
b. Lavatories UNK UNABLE TO ACCESS
c. Water /Closets UNK UNABLE TO ACCESS
d. Tub /Shower UNK UNABLE TO ACCESS
e. Water Heater UNK UNABLE TO ACCESS
2. Water Piping UNK UNABLE TO ACCESS
3. Drain, Waste
& Vent UNK UNABLE TO ACCESS
4. Sewer /Septic tank UNK UNABLE TO ACCESS
5. Gas System UNK UNABLE TO ACCESS
C. Heating & A/C
1. Heating UNK UNABLE TO ACCESS
2. Air Conditioning UNK EXISTING UNIT
III. PROPERTY CONDITIONS
1. Accessory Structures D (3) ACC BLDGS; BAD ROOFS & ROT
2. Condition of Grounds A
3. Other
Comments: SEPTIC TANK ON SITE
S: \City Planning Share \04 - INSPECTIONS DIVISION\ALL OTHER STUFF \Code Enforcement\Dang Buildings\2011 1307 E MAIN INSP
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ORDINANCE NO.
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 989, LTS 8 -16,
LA PORTE , HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING
SUCH BUILDING(S) CONDEMNED; FINDING THAT JANE FUQUA LEWIS, JANE
LEWIS, & GREG LEWIS, 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
Ordinance No. Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located at BLK 989, LTS 8 -16, LA PORTE which is further described as 1307 E MAIN ST.,
Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as
established in Section 82 -473 of the Code of Ordinances of the City of La Porte; and
WHEREAS, said Board has heretofore made and filed its written report, dated
FEBRUARY 21, 2011 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, JANE FUQUA LEWIS , whose address is P. O. BOX 718, LA PORTE, TX
77572 -0718, and JANE LEWIS whose address is 1307 E MAIN ST., LA PORTE, TX 77571,
and GREG LEWIS, whose address is 7310 PINE SHADOWS LN., BAYTOWN, TX 77521,
that a hearing as provided in Section 82 -477 of said Ordinance would be held at 6:00 PM on
APRIL 25, 2011 , 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 ON APRIL 2, 2011 (PINE SHADOWS LN. ADDRESS);
POST OFFICE RETURNED "NOT DELIVERABLE AS ADDRESSED- UNABLE TO
FORWARD" ON APRIL 1, 2011 (BOX 718 ADDRESS); AND "NO MAIL RECEPTACLE"
ON APRIL 1, 2011(FOR 1307 E MAIN ST. 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 June 27, 2011;
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
Ordinance No. Page 3
WHEREAS, City Council entered its order on JUNE 27, 2011 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
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 public nuisance, and orders such building(s) condemned.
Section 4. The City Council hereby finds, determines and declares that JANE
FUQUA LEWIS, , who resides at P. O. BOX 718, LA PORTE, TX 77572 -0178, and JANE
LEWIS who resides at 1307 E MAIN ST., LA PORTE, TX 77571, and GREG LEWIS who
resides at 7310 PINE SHADOWS LN., BAYTOWN, TX 77521 and are the record owner(s) of
the property on which this building is situated, and that as such record owner(s), the said JANE
FUQUA LEWIS, JANE LEWIS, and GREG LEWIS have been duly and legally notified of those
proceedings.
Section 5. The City Council hereby orders the said JANE FUQUA LEWIS, JANE
LEWIS, and GREG LEWIS to entirely remove or demolish such building(s), and further orders
the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS 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 JANE FUQUA LEWIS,
JANE LEWIS, and GREG LEWIS ) and to any and all lienholders or mortgagees, by registered
Ordinance No. Page 4
mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary;
and, publish in the official newspaper of the city a notice containing: 1) the street address or legal
description of the property, 2) the date of the public hearing, 3) a brief statement indicating the
results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may
be obtained.
Section 8. Should the said JANE FUQUA LEWIS, JANE LEWIS, and GREG
LEWIS, 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 JANE FUQUA LEWIS, JANE LEWIS, and GREG
LEWIS, 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 , 2011.
CITY OF LA PORTE
By:
Louis R. Rigby, Mayor
Ordinance No. Page 5
ATTEST:
Patrice Fogarty, City Secretary
APPROVED:
ZS9
Cl k T. Askins, Assist. City Attorney