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HomeMy WebLinkAbout01-11-06 Special Called Regular Meeting and Public Hearing of the La Porte Wrecker Committee STATE OF TEXAS )( COUNTY OF HARRIS )( CITY OF LA PORTE )( ~CKERCOMmnTTEEAGENDA NOTICE IS HEREBY GIVEN OF A SPECIAL CALLED REGULAR MEETING AND PUBLIC HEARING OF THE LA PORTE WRECKER COMMITTEE TO BE HELD ON JANUARY 11,2006, AT 2:00 P.M. AT CITY HALL COUNCIL CHAMBERS, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW: 1. CALL TO ORDER 2. CONDUCT PUBLIC HEARING TO REVIEW EVIDENCE OF ALLEGED STATE LAW AND LA PORTE CITY ORDINANCE VIOLATIONS BY DE WALT'S TOWING, LLC, (WRECKER PERMIT NUMBERS 475, 476, 477 AND 478) ASSOCIATED WITH THE BUSINESS LOCATED AT 400 EAST MAIN STREET, IN LA PORTE, TEXAS. A. OPEN PUBLIC HEARING B. STAFF COMMENTS C. PUBLIC COMMENTS D. CLOSE PUBLIC HEARING 3. CONSIDER POSSffiLE ACTION TO SUSPEND, CANCEL, OR REVOKE WRECKER PERMIT NUMBERS 475, 476, 477 AND 478, ISSUED TO DEWALT'S TOWING, LLC. 4. ADMINISTRATIVE REPORTS 5. COMMITTEE COMMENTS 6. ADJOURN A QUORUM OF CITY COUNCIL MEMBERS MAY BE PRESENT AND PARTICIPATE IN DISCUSSIONS DURING THIS MEETING, HOWEVER, NO ACTION WILL BE TAKEN BY COUNCIL. THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-47/-5020 OR TDD LINE 281-471-5030, FOR FURTHER INFORMATION Martha A. Gillett. TRMC City Secretary Date posted Out of considerati~n fbraU attendees of the meeting, please turn off .aU cell phones and paRers, or place on inaudible si2naL Thank you for your consideration. / Exhibits 1. Excerpt from Code of Ordinances Section 78-223 2. Violation Letter (with attachments) 3. Wrecker Licenses 3. Photos ~ 78-223 LA PORTE CODE Sec. 78-223. Revocation or suspension of auto wrecker or towing vehicle permits. ( (a) Upon a complaint being filed by any person with the city secretary of a violation of any of the terms or provisions of this article or the violation of any of the laws of the state, federal government or city, or upon motion of any member of the committee, the committee may, after ten days' written notice to the permit holder stating the grounds of such complaint, conduct a hearing to hear evidence with reference to such complaint or motion. Should such hearing reveal a violation of any of the terms of this article or the laws of this state or federal government or other ordinances of the city, the committee may suspend, cancel or revoke the permit or permits of such permit holder, as the offense may direct. (b) After the committee has held its hearing and investigation upon the complaint or motion for the suspension, cancellation or revocation of a permit of any owner of a towing vehicle or an auto wrecker shall have the right to appeal to the city council within ten days from the receipt of the written d'ecision of the committee only in the event ofa revocation of the permit of the owner by the committee. Such appeal shall be in the form of a letter addressed and delivered to the city secretary, stating that an appeal is desired from the revocation of the committee. The city secretary shall notify the city council of such appeal, and the council, as soon as practicable thereafter, shall notify the appellant as to whether or not such an appeal will be heard. If the city council grants such an appeal, it shall either sustain or reverse the revocation of the committee. If no appeal is taken from the committee's action within ten days, as set out in this subsection, the decision of the committee shall be final. (Code 1970, ~ 6-13; Ord. No. 1746, ~ 1(f?-13), 2-25-91; Ord. No. 96-2136, ~ 1(6-13),9-23-96) Sec. 78-224. Appeal from the rmdings of the committee. After the wrecker committee has made its findings and declares such findings, the applicant, or any person opposing the application who entered an appearance at the hearing before the committee, shall have the right to file an appeal within ten days from the receipt of the city secretary's written notice, or from the date ofthe published notice, as applicable. The appeal shall be in the form of a letter addressed to the city secretary stating that an appeal from the decision of the committee is desired. The city secretary shall notify the city council of such appeal, and the council; as soon as practicable, after receiving such notice of appeal, together with the findings of the committee, shall grant or deny, in open session, such application for a hearing. If a hearing is granted, the city council shall sustain, modify or reverse the findings made by the committee and shall so notify the city secretary of its findings, The findings of the city council shall be final. If no appeal is made to the city council from the committee's decision within ten days, as indicated in this section, then such decision shall become final. (Code 1970, ~ 6-10; Ord. No. 1746, .~ 1(6-10),2-25-91; Ord. No. 96-2136, ~ 1(6-10), 9-23-96) Sees. 78-225-78-245. Reserved. CD78:20 , J/3 ., ., City of La Porte ,-Established 1892 December 1, 2006' Tim & Marsha J. De Walt P. O. Box 261 La Porte, Tx 77572-0261 Certified Mail Receipt #700503900004 8168 3062 VIOLATION LOCATION: 400 East Main S1. (Blk. 195; Lots 1-26; La Porte) HCAD #024-003-095-0001 Dear Mr. & Mrs. DeWalt: On 10-27-05 and again on 11-29-05, the Inspection Services Division of the City of La Porte inspected the above referenced property (from adjoining rights-of-way) and found it to be in violation of the City's Code of Ordinances. For your convenience in . resolving this matter, we have attached an outline of violations that were identified. city records show Mr. De Walt as the responsible party on the utility billing account and the names shown on this letter are the property owners shown on Harris County Appraisal District records. Therefore, as 'the responsible party( s), you are hereby given notice to abate the violations within thirty (30) days of receipt of this notice. Failure to abate the violation within the specified time may result in further action to ensure compliance with the City's Code of Ordinances without further notice to you. Further action could include issuance of a formal citation and 'subsequent legal, action. If you have any questions or need addition~ information, I can be reached at #281-470-5071 or by writing to the City of La Porte Inspection Services Division - 604 W. Fairmont Parkway - La Porte, Tx 77571. Thank you for your cooperation in this matter. Respectfully, d~ C'9J Community Service Inspector Attachment 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 " .; OUTLINE OF VIOLATIONS (400 E. MAIN) ~ Sign in city right-or-way (E. Main) S. 106-871 (d) - With the exception of permitted temporary signs, no sign may be placed on or over a public right-of-way, whether used or unused, a utility easement or on utility poles. ~ Weeds S. 34-128(1) - Weeds within 150' of any residence or place of business constitutes a public nuisance, is prohibited and is unlawful. ~ Obiectionable. Unsightly Property S. 34-128(1) - Objectionable, unsightly and insanitary matter of whatever nature (scrap, debris, stacked vehicles, etc) covering or partly covering the suiface of any lot/parcel within 150' of any residence or place of business constitutes a public nuisance, is prohibited and is unlawful. ~ Shipping Container(s) S. 106-751- Shipping containers in a General Commercial (GC) District is not permitted except as temporary material storage on construction sites. ~ Junked Vehicle(s) S. 34-168(a) - Location or presence of any junked vehicles is deemed a public nuisance, is prohibited and is unlawful. ~ Use. Screening Current property use (Junk and/or Secondhand Metal Dealer) is not authorized by zoning permit #01-1801. Permit authorized a towing-impound yard (SiC #7549). Junk and/or Secondhand Metal Dealer is "not a listed, permitted use" in a commercial district (s. 106-441, Table A). Had it been a permitted use, S.22- 361 (d)(2) would have prohibited the stacking or piling of vehicle(s) or the parts, accessories or junk therefrom or scrap metal. Visibility above any required fence or wall is prohibited by S. 106-798(a). Screening requirement (noted as a condition o/Zoning P#01-1801) has not been satisfied " -I Outline ofViolations-400 E. Main Page 2 ~ Operating a Junk: and/or Secondhand Metal Dealer business without first obtaining a Zoning Permit S. 106-144 - Prohibits a buildingfrom changing its use or occupancy until a city zoning permit is issued As previously noted, a zoning permit for a Junk and/or Secondhand Metal Dealer can not be issued in a commercial district. The towing-impound yard is permitted ~ Truck Route and Truck Parking Violation S. 70-232 - Operating truck trqffic upon any road, avenues, streets or thoroughfares that are not designated as a truck route in S. 70-231. S. 70-179 - Unlawful to leave, stand or park a trailer, semi-trailer, pole trailer, ranch trailer, house trailer, utility trailer or truck tractor either attached or unattached to a motor vehicle in any public street, alley, unimproved right-of- way, or other public place for a period of time in excess of four (4) hours or any nighttime hours. ~ Fire Fighting Access S. 38-101-Fire code and S. 4006 of that code as amended by Ord #98-2222- Required aisles or passageways for fire fighting operations are not provided tr........... " " U.S. Postal Servicen~ CERTIFIED rAIL,., HECEIPT (Domestic Mail Only; No Insurance Coverage Provided) . ." . . . . .. . . I OFFICIAL USE I Postage $ /..... 01 Certflled Fee t().- Posbnark Return Receipt Fee 1+AN~/ (Endorsement Required) Restricted Delivery Fee (EndDrsement Required) \> ~J\ \f~ red Total Postage & Fees $ ru -D CJ rn cO -D r-=I cO =r- CJ CJ CJ CJ e- rn CJ U1 ~ =-~~r?f;!._.__._._.!!1.~r:$._bA._.___f>-:f.r__JA!_~.Lt._..___ DrPO=No.'~ Po B&x ;2 0) CiIY.-StB;SlP+4-.FiR1i----------1-?572-:--0.~-"i""j----.. . . :.. ... J. . . . . Complete items 1, 2, and 3. Also complete item 4 if ReStricted Delivery is deSired. . Print, your name and address on the reverse . sO that we' can return the card to you. . Attach this card to.the back ofthe rnanpi~e; or on-the front if space permits. '1: Article Addrilssecl to: f'r fyI l-r>i ~J'sh~ t>t WCIl)-/- -r_D, 13 &X: ;l' / LA ""Fo RTt-J 1)( "'~J / 7 '1]5'1;)- Oc;1.W CO/Vlt!"LETE TH.IS SECTION ON DELIVERY I i ddressee ' B. Rece'ilEid bY:(PrintedName) C.DatepfDeli\lery I " bE 'lTL I ~-J -os! D. Is defJvery address d~ from Item 1? 0 Yes , If YES. enter delivery address below: 0 No 14fmt't> l>tL$VERY @. Ci 17 fh?-L L 3. , SerVice Type i o Certlfied Maii 0 EXpreSs Mail . r o RegIstered [J ,Return, Receipt tpr Merchandise f o Insured Mall tJ c.O.b. 4. Restricted Delivery? (Extra Fee) 0 Yes l I 2. Article Number .# i (rransferfrom~1BbeO '7 dO.!;" t') 3 9"~ f?()6~, a I iJ a ~ ()~~ r , PS FOl111 3811.. February 2004 Domestic Return Receipt "1~~~~~~~J '\ " " STATE OF TEXAS CITY OF LA PORTE, TEXAS ~ COUNTY OF HARRIS OR OCCUPATION TAX RECEIPT >.', 7.kN~ l?~That DEWAL TS TOWING LLC having paid to the Tax Collector of the City of La Porte, Texas the sum or FIFTY & no/100---------------------------------------- ~ 50.00 ) DOLLARS. as City License or Occupation Tax,is authorized to purse tile" business of EMERGENCY WRECKER SERVICE for the period or TWEL VE months, from JANUARY ~,2004 , iri"DECEMBER 31 ,2005 at La Porte, Texas. Received the above amount and License issued this the 1~95 RED FORD 1FDLF47F9SEA71020 \~- STATE OF TEXAS CITY OF LA PORTE, TEXAS ~ OR OCCUPATION TAX RECEIPT COUNTY OF HARRIS ~N~ l?~That o EWAL TS TOWINGll C having paid to the Tax Collector or the City of La Porte, Texas the sum of FIFTY & no/lOO':'--:...-------------------------____________ ($ ;:,50.00 ) DOLLARS. as City License or Occupation Tax, is authorized to purse the business or EMERGENCY WRECKER SERV I CE . TW'ELVE ' JANUARY " for the penod of months, from ~, 200-5 fto DECEMBER 31 ?005 at La Porte, Texas. Received the above amount and License issued this the 1997 RED FREIGHTLINER iFV6GFACBVL850898 @ Goes 416 " ./ CITY OF LA PORTE, TEXAS ~ COUNTY OF BARRIS STATE OF TEXAS OR OCCUPATION TAX RECEIPT :JZ;,-u~ ~..a#That DEWAL TS TOWING LLC having paid to the Tax Collector of the City of La Porte, Texas the sum of FT Fry SlJ no 1100---------------------------------------- ($ 50.00 ) DOLLARS. as City License or Occupation Tax, is authorized topurse the busi~~ss of EMERGENCY WRECKER SERV I CE for the period ~f tWELVE months, from JANUARY ~, 2005 ,toDECEMBER 31 ~005 at La Porte, Texas. Received the above amount and License issued this the 23rd O~~~2~~ElWHITE PETERBUIL T Signed CITY OF LA PORTE, TEXAS ~ COUNTY OF HARRIS STATE OF TEXAS OR OCCUPATION TAX RECEIPT :zk-u~ ~That DEWAL TS TOWING LLC b~Y.i~g paid to the Tax Collector of the City of La Porte, Texas the sum of FIFTY & no/100----------------------------------------- ($ 50 00 ) DOLLARS. as City License or Occupation Tax, is authorized to purse the busj,ness of EMERGENCY WRECKER SERV I CE for the period of TWELVE months, from JANUARY 01 2005 DECEMBER 31, 2005 _' _, to ,_at La Porte, Texas. 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