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HomeMy WebLinkAbout1997-01-13 Public Hearing and Regular Meeting of City Council . . . . MINUTES OF THE PUBUC HEARING AND REGULAR MEETING OF LA PORTE CITY COUNCIL JANUARY 13, 1997 1. CALL TO ORDER The meeting was called to order by Mayor Norman L. Malone at 6:00 P.M. Members of CitvCouncil Present: Mayor Norman L. Malone, Councilpersons Guy Sutherland, Mike Cooper, Bob McLaughlin, Alton Porter, Deotis Gay, Jack Maxwell and Jerry Clarke Members of Council Absent: Councilperson Bob Thrower Members of City Staff and City Emolovees Present: City Manager Robert T. Herrera, City Attorney Knox Askins, City Secretary Sue Lenes, Assistant City Manager John Joems, Director of Finance/ACM Jeff Litchfield, Director of Administrative Services Louis Rigby, Director of Planning Guy Rankin, Director of Finance/ACM Jeff Litchfield, Police Chief Bobby Powell, Lieutenant Carl Crisp, Assistant Finance Director Cynthia Alexander, Fire Marshall Paul Hickenbottom, Chief Building Official Art Flores, City Inspector Debbie Wilmore, and City Manager Secretary Carol Buttler Others Present: City of La Porte retiree Don Kirkley, American Legion POllt 428 Commander Buford Leonard, American Legion District 22 Commander Jim Young, Boys State Chairman Bill White, Boys State Representatives Adam O'Banion, Joseph Pfeiffer, Robert .Bobby. Herrera, Ryan Lynch, Nathan Mills, Rickey Pena, and Jeremy Newton; Girls State Representatives Kendra Flippo, Alicia Schultz, Neely Steel and Agniesta Matezak, La Porte High School Assistant Principal La Porte High School Sandra Dwyer, and a number of La Porte Citizens 2. INVOCATION BY REV. RANDY GILCHRIST - FIRST BAPfIST CHURCH Rev. Randy Gilchrist, pastor of the First Baptist Church La Porte, delivered the invocation. 3. Council considered approving minutes of Public Hearing and Regular Meeting December 16, 1996. Motion was made bv Counciloerson McLaul!hlin to aoorove the minutes of December 16 as oresented. Second by Councilperson Cooper. The motion carried, 7 ayes, 0 nays, and 1 abstain. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone None Council person Maxwell Nays: Abstain: 4. PRESENTATION(S): A. SPECIAL PRESENTATION TO A RETIRING CITY EMPLOYEE - B. Powell B. PRESENTATION OF ACHJEVEMENTFOREXCELLENCEINFINANCIALREPORTING - R. T. Herrera C. PRESENTATION AND INTRODUCTION BY AMERICAN LEGION POST 428 OF LA PORTE mGH SCHOOL REPRESENTATIVES FOR 1996 BOYS' STATE AND GIRLS' STATE - B. White ,e . Minutes Public Hearing and Regular Meeting La Porte City Council January 13. 1997. Page 2 Presentation A - Retiree Don Kirkley was not present at this time and Mayor Malone considered the next presentation. Presentation B - Mayor Malone asked City Manager Robert T. Herrera to make the presentation. City Manager Robert T. Herrera introduced Director of Finance\ACM Jeff Litchfield and Assistant Finance Director Cynthia Alexander. Mr. Herrera announced. wTonight we will receive the fifteenth award for Achievement of Conformance for the City of La Porte. which is a record to my knowledge. W Mr. Herrera presented a plaque for the Award of Financial Reporting Achievement to Cynthia Alexander and Jeff Litchfield. Director of Financel ACM Jeff Litchfield spoke commending his staff for their hard work. He stated. wIt is a pleasure to work for an organization like this City Council that backs their Finance department. makes very good financial decisions. and keeps moving forward. W Presentation C - Boys State Chairman Bill White, American Legion Post 428, La Porte. Texas introduced the American Legion District 22 Commander Jim Young. Mr. Young thanked La Porte High School and the City of La Porte for the support they extend to the American Legion Boys State and the Ladies Auxiliary Blue Bonnet Girls State. He said wWe know that the members of the Boys and Girls State programs represent our Schools. our District. our Post, our City and State with honor. We express extreme appreciation for everything they do to prepare for the future of our Country. W Boys State Chairman Bill White announced the first office elected to Boys State is called the wWhipw. He reported that La Porte. for four years. has had the Boys State wWhipw and introduced this years young man. Nathan Mills. Nathan introduced the Girls State representatives Kendra Flippo, Agniesta Matezak. Alicia Schultz. and Neely Steel. He then introduced the Boys State representatives Adam O'Banion. Joseph Pfeiffer. Ryan Lynch. Rickey Pena, Bobby Herrera. and Jeremy Newton. Councilperson Deotis Gay presented each of the young men and women with a City of La Porte lapel pin. Each of the young people who participated in this years program reported their feelings of what Boys and Girls State meant to them. At this time Mayor Malone recognized retiree Don Kirkley. Detective. La Porte Police Department and commended Don Kirkley for his twenty years of faithful service. Councilperson Porter presented Don Kirkley with a wspecial giftw, from Mayor Malone and himself. two foot long hot dogs. These were to commemorate the many good times they had on the football trips when Officer Kirkley would escort the La Porte Chatos and Band. Police Chief Bobby Powell presented Don Kirkley with a plaque which retired his badge. and Chief Powell commended the retiree for his twenty years of service with the City of La Porte Police Department. City Manager Robert T. Herrera presented a gold plated watch with the City emblem on its face to Don Kirkley in appreciation for his years of dedicated service. s. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL Mayor Malone read a letter from Daniel L. Porter. grandson of Mr. & Mrs. John G. Parker, 11.100 North H Street, La Porte. Mr. Porter wrote he is presently handling the affairs of the Parkers and requested that Council allow a reasonable amount of time for him to evaluate the condition of the property on North H in order to decide to submit plans to repair or to demolish. Mayor Malone said the letter would be entered into the record during the discussion at the public hearing portion of this meeting. e e Minutes Public Hearing and Regular Meeting La Porte City Council January 13, 1997, Page 3 There was one citizen wishing to address Council. Mr. Spero Pomonis, 218 Bay Colony Circle, La Porte, Texas, spoke regarding the January 9, 1997, Board of Adjustment Public Hearing. Mr. Pomonis stated, "I am asking City Council to appeal the ruling made by the Zoning Board of Adjustment at that meeting" . Mr. Pomonis said he feels that if the ruling made by the Zoning Board of Adjustment is allowed to stand, it will mean Council is allowing spot zoning under the disguise of amortization. 6. RECEIVE REPORT FROM TCI CABLE REPRESENTATIVES REGARDING SERVICE ISSUES; INCLUDING CHANNEL ALIGNMENT, PROGRAMMING, AND PUBLIC ACCESS - K. Askim Mayor Malone announced TCI Cable Representatives will be unable to attend the meeting tonight due to the inclement weather. Councilperson Porter asked if we bad received any written responses from TCI Cable. City Attorney Knox Askins said TCI has asked to be allowed to come to the next City Council meeting two weeks from tonight on January 27th. 7. PUBLIC HEARING - FOR THE PURPOSE OF CONDEMNING AND ORDERING DEMOLITION OF DANGEROUS BUll-DINGS - A. Flores & D. Wilmore OPEN PUBLIC HEARING Mayor Malone opened the public hearing at 6:36 P.M. REVIEW BY STAFF Chief Building Official Art Flores spoke regarding the request for consideration and condemnation of ten substandard structures. He also reviewed with Council the background and information regarding the workshop, notifications to property owners, and responses received regarding each structure. Mr. Flores reported that Item F, property at 10,900 North L Street, will require no action and has been pulled from the agenda. The owner has demolished the structure and removed the debris. Mr. Flores turned the session over to Building Inspector Debbie Wilmore. Ms. Wilmore presented a slide presentation for Council and the audience showing the conditions of each of the properties under consideration for condemnation and demolition. She also reported those properties which bad taxes and/or mowing bills owed. Ms. Wilmore reported there have been no objections to proceed on property A - 3115 Carlisle; C- 324 San Jacinto; D - 531 North 8th Street; F- (bas been demolished by owner); G- 11,200 North P Street, but they prefer to remove structures themselves; and J - 3600 Undetwood Rd., Fairmont Assembly of God Church which burned in February 1994. The City bas received no response to any of the attempts to contact someone regarding this public hearing. The City bas not heard from any Church representatives for over a year regarding their future plans. Ms. WillIJ,ore answered questions from Council regarding back taxes, underground storage tanks, and clarified property locations. e e Minutes Public Hearing and Regular Meeting La Porte City Council January 13, 1997, Page 4 PUBLIC INPUT Citizens wishing to address Council regarding the structures in question are as follow: Corey Gamer, 11223 Ave P, La Porte, spoke regarding Item G - 11,200 North P. He is the son of the property owner Kyle O. Gamer. Mr. Gamer clarified that his father has no objection for demolition and removal. He indicated a wooden building on the property has already been tom down, but debris is stilI there. Corey Gamer stated that his father is in agreement with having the trailer removed, but since his father is in West Virginia, he would like six months to complete his own demolition and removal of debris. Mr. Glenn Carman, 702 S. Kansas, La Porte, spoke representing owner of I~m B - 3102 S. Broadway, Fern M. Belcher, his Mother-in-law. Mrs. Beverly Carman, daughter of Mrs. Belcher, had given Council a written dossier on the information her husband, Glenn Carman, will speak on tonight. Mr. Carman indicated that an individual named Ioe Gold had been given permission to store mowing equipment in the building. If the building is tom down Mrs. Belcher would have to pay for mowing services. He indicated Mrs. Belcher fears that removal of the structure will allow exposure of her home, and she will feel unsafe. Mr. Carman asked that Council reconsider the demolition of this structure. David Brooke, 1315 Browning Lane, La Porte, spoke regarding Item 1- 1312 Golden Lane. He asked for more time to make a garage and workshop on that property. He stated it was never supposed to be a house, although someone moved in without permission at one time. Mr. Brooke did state he would have a lot of work: to do in order to be able to utilize the property. Ms. Wilmore clarified that the structure, because of zoning, would have to be for residential purposes with drive ways. She also reported that a contractor would have to do the work, and there are structural problems with the property already. Donald Abbott, 702 Academy Lane, Deer Park, Texas, spoke regarding Item H - 825 Mossey. Mr. Abbott said when he bought the property it was intended for a home, but he has not been financially able to build. He referenced a' car being parked in the structure and reported the person who lives next door to this property has his permission to park in the building. Mr. Abbott said he is attempting to pay back taxes, and he thinks he has a buyer for the property. It will require the slab to be there if the potential buyer purchases the property. Mr. Abbott's wife stood in the audience and commented on the condition of the slab. Mr. Abbo~ was asked what time frame he was looking at to complete removal of the structure. Ms. Wilmore answered Council's questions regarding the estimated time for having paper work completed to receive bids for the demolition and the removal of the structures. She said it would be about 45 to 60 days before it could be brought back to Council to award a bid. Councilperson Porter noted that we should remove the slab if the Council votes to approve the demolition of this structure. City Manager Robert T. Herrera asked Council to give staff direction on any particular property that should be granted additional time before we proceed in order to treat everyone fairly and consistently. e e Minutes Public Hearing and Regular Meeting La Porte City Council January 13, 1997, Page 5 RECOMMENDATION BY STAFF Chief Building Official Art Flores reported an independent engineer had inspected the property and structure at 3102 South Broadway. Mr. Flores referred to the report, copy of which is attached as an exhibit to the minutes. (Exhibit A; 2 pages). In conclusion the engineer indicated, in his opinion, the building is structurally unsound and may present a hazard to the public. Mr. Flores reported staff would recommend to the Council the approval of the nine ordinances before you tonight. Staff would not have any opposition to Council giving Mr. Porter an extension of time on the Parker property at 11,100 North H Street or to other extensions you may desire. Mr. Flores answered questions from Council regarding structural stability of different buildings. He also answered questions regarding Rutherford Engineering Company who made the study on 3102 South Broadway. Bernard Legrand, 3115 Layne Ct. (Bayside Terrace), La Porte, spoke regarding 3102 South Broadway. His concern was the underground storage tank, and he asked if the City had checked with TNRCC. He also had concerns regarding asbestos removal from structures. City Manager Robert T. Herrera responded to Mr. LeGrand's questions. He assured Mr. LeGrand that the subject of the underground tanks had been previously addressed to TNRCC, and the matter will be addressed by TNRCC and the property owner. Mr. Herrera clarified, during the bid process, the matter of asbestos removal and disposal is addressed to the contractors who respond to the bid. Mayor Malone repeated stafrs recommendation to approve the ordinances for all nine remaining building on the list for condemnation and demolition. CLOSE PUBLIC HEARING Mayor Malone closed the public hearing at 7:28 P.M. 8. CONSIDER APPROVAL OR OTHER ACTION REGARDING ORDINANCES DECLARING BlJaDINGS TO BE A NUISANCE AND CONDEMNED (AS FOLLOWS) - G. Rankin Mayor Malone called for a vole to consider approval of all ordinances for the following named properties with the exception of Item F-Number six on the list, property at 10,900 North L, as that structure is already down and removed. A. 3115 Carlisle - BIk. 17; Lots 4~; Bayside Terrace. Regina A. Kearney & Gregory Wayne Peffer PROPERTY OWNER(S) (Ord. 97-2149) B. 3102 S. Broadway - Trs. 9C & 90 + 9A & 50A; Abst. 30, W. P.Harrls. Fern M. Belcher PROPERTY OWNER(S) (Ord. 97-2150) C. 324 San Jacinto - BIk. 219; Lots 6-9; La Porte. Lupe Hernandez, Jr. & Josie Hernandez PROPERTY OWNER(S) (97-2151) o. 531 N. 8th Street - Blk. 100; Lots 28-32; La Porte. Sharon, Jason & Nicole Felt PROPERTY OWNER(S) (Ord. 97-2152) e e Minutes Public Hearing and Regular Meeting La Porte City Council January 13, 1997, Page 6 E. 11.100 Blk. N. H - Tr. 469C-l; La Porte Outlots. John & Avis Parker PROPERTY OWNER(S) (Ord. 97-2153) F. 10.900 Blk. N. L - Trs. 427A & 427C.; La Porte Outlots. Albert C. Wandell PROPERTY OWNER(S) (Ord. 97-2154) G. 11.200 Blk. N. P - Tr. 390; La Porte Outlots. Kyle O. Garner PROPERTY OWNER(S) (Ord. 97-2155) H. 825 Mossey - BIk. 8; Lot 353 & S. 15' of 354; Battleground Estates, S. 2. Donald Abbott PROPERTY OWNER(S) (Ord. 97-2156) I. 1312 Golden Lane - Tr. 15 & S. 75' of Tr. 16 out of Outlot 377; La Porte Outlots David Brooke PROPERTY OWNER(S) (Ord. 97-2157) ]. 3600 Underwood Rd. - Tr. 813 & N. 300' of Lots 698 & 699; La Porte Outlots Fairmont Assembly of God Church PROPERTY OWNER (Ord. 97-2158) Motion was made by Councilperson Porter to approve the staWs recommendation for condemnation and removal of all the structures and approve all of the ordinances. A throullh E and G throullh ]. Councilperson Porter asked for consideration for the people who wanted to remove the structures themselves. He stated. "I do not want a soecial time frame. but I would like our olanninll staff to lrive them as much opportunitv to take care of the buildinlls. I would like for staff to proceed with the ordinances. the notification. the bids. and if vou can out these people on the back end of the demolition. This willlrive them time to remove the structures themselves. but I would like to see all structures condemned". Second by Councilperson McLaughlin. Council discussed a time frame for the completion of the process to complete the demolition and removal for the nine properties. City Manager Robert T. Herrera clarified the entire process from start to finish will probably take four (4) months. He also clarified Council's direction to staff as, "In the next four months we will notify the people what should be done. For those who bave come forth and asked for more time the clock is ticking, and we will try to work with them as long as we pos.'1ibly can. We will do this as long as it does not cost the contractor or the City more money because we are waiting for them." Mr. Herrera restated, "We are probably looking at, from tonight, a period of four months." Councilperson Maxwell clarified, "For those who wish to do their own work this would give them time to do so." Councilperson Porter said, "The two I had specifically in mind were Item G -11,200 BIk of North P Street and Item H - 825 Mossey. This would give them time to remove the structures themselves. I would like for the normal procedures to go through on all agenda items. " After the discussion - The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None e . Minutes Public Hearing and Regular Meeting La Porte City Council January 13, 1997, Page 7 ,. ADMINISTRATIVE REPORTS City Manager Robert T. Herrera reported on January 16, Thursday, at 2:30 P.M., the City of La Porte Police Department will have a promotional exercise for Lieutenant and Sergeant at the Police Department and encourage Council to attend if possible. Also, Mr. Herrera asked that Council let Sue Lenes or Rhonda Yockov know your intentions for participating at the annual La Porte Bayshore Chamber of Commerce banquet which is scheduled for January 30th. 10. COUNCn. ACTION Councilpersons Cooper, McLaughlin, Porter, Gay, Maxwell, and Mayor Malone brought items to Council's attention. 11. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CRAPl'ER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELmERATION REGARDING REAL PROPERTY, DELmERATIONREGARDING PROSPECTIVEGIFf OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES, DELmERATIONREGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) There were no ibms to be taken to Executive Session. 12. CONSIDERATION AND POSSmLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There were no considerations for this item. 13. ADJOURNMENT There being no further business to come before Council, the meeting was duly adjourned at 7:45 P.M. Respectfully submitted, ~~ Sue Lenes, City Secretary Passed and Approved on this the 27th day ofJanuary, 1997 ~~-~~ e '. . . A . . Memorandum January 9, 1997 FROM: Sue Lenes, City Secretary J. ~ , ~ Kimberly Meismer, Human Resources Manager~~ Retiree Recognition at City Council Meeting TO: SUBJECT: Please place the following on the City Council Agenda for January 13, 1997: Retiree Recognition Don Kirkley, Detective - Police Department Background: Don Kirkley began his employment with the City of La Porte on September 1, 1976 as a Patrol Officer. He retired on December 31, 1996 as a Detective. He served the City of La Porte Police Department for 20 years and 3 months. We would like to commend Mr. Kirkley on his loyalty to the City of La Porte and the Police Department. Congratulations! .. . e B . II --- --- --- --- --- --- --- . GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue. Suite 800. Chicago. Illinois 60601 312/977-9700. Fax: 312/977-4806 November 5, 1996 Mr. Robert T. Herrera City Manager City of La Porte P.O. Box 1115 La Porte, Texas 77571 Dear Mr. Herrera: We are pleased to notify you that your comprehensive annual finan- cial report for the fiscal year ended September 30, 1995 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented to the individual designated by the government as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for: Jeff Litchfield, Assistant City Manager/Finance. The Certificate, of Achievement plaque will be shipped under sepa- rate cover in about eight weeks. We hope that you will arrange for a formal presentation'-o-~tne--Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, a sample news release and the 1995 Certificate Program results are enclosed. We hope that your example will encourage other government offi- cials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, GOVERNMENT FINANCE OFFICERS ASSOCIATION ~l~,)~~ Step en J. Gauthier Director/Technical Services Center SJG/kas Enclosures WASHINGTON OFFICE 1750 K Street. N.W.. Suite 650. Washington. DC 20006 202/429-2750 · Fax: 202/429-2755 e II --- --- --- --- --- --- --- . GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue. Suite 800, Chicago, Illinois 60601 312/977-9700. Fax: 312/977-4806 November 5, 1996 NEWS RELEASE For information contact: Stephen Gauthier (312) 977-9700 (Chicago)--The Certificate of Achievement for Excellence in Finan- cial Reporting has been awarded to: CITY OF LA PORTE by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and finan- cial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual designated as primarily responsible for preparing the award-winning CAFR. This has been presented to: JEFF LITCHFIELD, ASSISTANT CITY MANAGER/FINANCE The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a construc- tive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving 12,625 government finance professionals with offices in Chicago, Illinois, and Washington, D.C. - 30 - WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 · Fax: 202/429-2755 - The Government Finance Officers Association of the United States and Canada presents this AWARD OF FINANCIAL REPORTING ACHIEVEMENT to: Jeff Litchfield Assistant City Manager/Finance Texas e The Award of Financial Reporting Achievement is presented by the Government Finance Officers Association to those individuals who have been instrumental ill their government unit achieving a Certificate of Achievementfor Excellence in Financial Reporting. A Certificate of Achievement is presented to those government units whose annualfinancial reports are judged to adhere to program standards and represents the highest award ingovernmentfinancial reporting. .~ .. - - I , !#7L~ Executive Director : ... .' " , - .~ ~ , - -' ,. -. ~. .. 1996 November 5, Dale . . c ~,\~~.))e-~y~ ~/ ~-_------!~'''~~'- -i '<!';~j.~8 '"' ;::It::t;///?~.~~~ ~~~1-\~ ;; ('~::'!'f:' '~~~'1" I: ;.~ ~..\, "Il';':' ~, \~~-_-:..::~'?'j' is ~..~ "~."':.n:.=._~/ /~' A<~~/' ~f.lI,_;:-g.lQ",,~ "01' e The American Legion . Hovey Bethea PoweU Post 428 P. O. Box 14 (Ill So. 2nd Street) La Porte, Texas 77572-0014 .,1Iflr."" ~~'~:;Jr(c-f!J,# ~;Y~~A~,'?'V, ~!~~~~~~~\~ ~ '~' -/~"~~\ \: " (~"" ,,'.,1 , ~ - ~'''\.' II"~.'..- ~\ ~~~;.ft.:~l'l /~ ..~~- "-~~/~--- 'o.<.~ GIg .~,' ''''''-'0'''''\ THE AMERICAN LEGION 1996 BOYS STATERS LaPORTE HIGH SCHOOL ADAM O'BANION JOSEPH PFEIFFER ROBERT HERRERA RYAN LYNCH NATHAN MILLS RICKEY PENA JEREMY NEWTON THE AMERICAN LEGION AUXILIARY 1996 BLUE BONNET GIRLS STATERS La PORTE HIGH SCHOOL KENDRA FLIPPO ALICIA SCHULTZ NEELY STEEL AGNIESTA MATEZAK LPHS COORDINATOR...TEACHER MRS. COLLEEN DAVIS...HISTORY DEPT. LPHS PRINCIPAL... MRS. PAM NEWMAN AMER. LEGION POST 428 LaPORTE, COMMANDER...BUFORD LEONARD AMER. LEGION POST 428 LaPORTE, BOYS STATE CHAIRMAN...BILL WHITE AMER. LEGION DISTRICT 22 COMMANDER 1996...JIM YOUNG . e r e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Januarv 13. 1997 Requested By: Guv Rankin (OJOv Department: Planning X Report Resolution Ordinance Exhibits: 1. 2. 3. 4. List of Dangerous Buildings Dangerous Building Inspection Reports Condemnation Ordinances for Ten (10) Dangerous Buildings Slide Presentation - SUMMARY & RECOMMENDATION Summary: City Council is asked to consider condemning and ordering the demolition of ten (10) substandard structures. A City Council Workshop was held on December 16, 1996, to authorize a public hearing to consider these structures. Subsequent to this meeting, as required by Ordinance #1145, a notice was published in the Bayshore Sun. Certifed letters containing public notices were mailed to the owner(s) of the buildings in question. The purpose of this public hearing is to take property owner and citizen comments as to why each of the buildings should or should not be condemned and demolished. Following the close of the hearing, Council will be asked to consider condemnation of the structures. A separate ordinance is required to condemn each of the sturctures. As of the preparation date of this request, all ten (10) structures still exist. However, on January 02, 1997 a demolition permit for the 10,900 Blk. N. L Street was issued to a contractor. The owner has asked him to proceed with the demolition. This structure will remain on the agenda since the demolition and clean-up is not complete. Condemnation ordinances have been prepared for each of the ten (10) structures. One complete ordinance is attached as reference. As the ordinances are all in a standardized form, in the interest of reducing the bulkiness of the agenda packet, only cover pages and inspection reports have been included for the other ordinances. Recommendation: The Dangerous Building Board of Inspection unanimously recommends that all ten (10) of the dangerous buildings be condemned and demolished. Council Agenda ReqUes. January 13, 1997 . Page 2 Action Required bv Council: 1. Conduct Public Hearing. 2. Consider passing ordinances condemning each of the ten (10) dangerous buildings. Availability of Funds: General Fund Capital Improvement -1L. Other VVater1VVastevvater General Revenue Sharing Account Number: 001-9092-524-6006 Funds Available: X YES _NO Approved for City Council Aaenda cG?~ T. ~ Robert T. Herrera City Manager \ -~ - q l DATE e . DANGEROUS BUILDINGS - FALL, 1996 January 2, 1997 1) 3115 Carlisle - Blk. 17; Lots 4-6; Bayside Terrace HCAD #061-057-017-0004 Gas & electric meter. One story, wood frame house with attached garage and side carport. Asbestos siding. 2) 3102 S. Broadwav - Trs. 9C & 9D + 9A & 50A; Abst. 30, W. P.Harris HCAD #040-244-001-0021/0024 No electric meter; however, electric runs overhead from 3104 to this building for outside light. One story, block building. Leave slab (s) over (3) underground tanks (unknown condition) to remind City this hasn't been done. 3) 324 San Jacinto - Blk. 219; Lots 6-9; La Porte HCAD #024-008-019-0002 (Voluntary Demolition) Gas & electric meter. One story, block house. 4) 531 N. 8th Street - Blk. 100; Lots 28-32; La Porte HCAD #023-214-010-0028 Electric meter. One story, wood frame house with asbestos siding under vinyl siding. 5) 11,100 Blk. N. B - Tr. 469C-1; La Porte Outlots HCAD #023-141-000-0524 No gas or electric meter. One story, wood frame house. 6) 10,900 Blk. N. L - Trs. 427A & 427C.; La Porte Outlots HCAD #023-140-000-0447 No gas or electric meter. One (1) cistern & one (1) gray water tank. One story, wood frame house. 7) 11,200 Blk. N. P - Tr. 390; La Porte Outlots HCAD #023-139-000-0390 Electric meter. Mobile home and wood accessory building. 8) 825 Mossey Blk. 8; Lot 353 & S. 15' of 354; Battleground Estates, S. 2 HCAD #080-024-000-0353 No gas or electric meter. Unsecured garage and remaining slabs from burned dwelling. 9) 1312 Golden Lane - Tr. 15 & S. 75' of Tr. 16 out of Outlot 377; La Porte Outlots HCAD #023-139-077-0015 No gas or electric meter. One story, unfinished wood frame house. 10) 3600 Underwood Rd. - Tr. 812 & N. 300' of Lots 698 & 699; La Porte Outlots HCAD #023-146-000-0698 No gas or electric meter. Wood frame church, fire damaged Feb. 1994. Additional material has been removed, open & unsecured. e e OWNER NOTIFICATION - DANGEROUS BUILDINGS January 7, 1997 The following list indicates the status of the letters mailed out for the ten (10) structures being considered for condemnation at the 1-13-97 City Council Public Hearing. The "certified" notification letters were mailed by the City on 12-27-96. 1) 3115 Carlisle Owners: Regina A. Kearney & Gregory Wayne Peffer a) Mailed to 3115 Carlisle, La Porte Returned "Unclaimed" on 1-7-97. b) Mailed to 10230 Old Orchard, La Porte - Mr. Peffer received on 12-30-96. 2) 3102 S. Broadway Owner: Fern M. Belcher a) Mailed to 3104 Hwy. 146 So., La Porte - Ms. Belcher received on 12-31-96. b) Courtesy letter picked up by daughter, Beverly Carman, on 12-27-96. 3) 324 San Jacinto Owners: Lupe Hernandez, Jr. & Josie Mailed to 10825 Birch Dr., Hernandez received on 12-28-96. Hernandez La Porte Mrs. 4) 531 N. 8th Street Owners: Sharon, Jason & Nicole Felt Mailed to P.O. Box 22622, Houston - Individual (Unable to read name) received on 12-31-96. 5) 11.100 Blk. N. H Owners: John & Avis Parker Mailed to 11011 N. Avenue L, La Porte - Forwarded to a new address by the Post Office. The grandson, Danny Porter, is now handling their affairs. He called from Grapevine, Texas and said he received the letter. The City has not received the signed "certified" card back as of 1-7-97. 6) 10.900 Blk. N. L Owner: Albert C. Wandell Mailed to 10927 N. L, La Porte - received on 12-31-96. Mr. Wandell e e Owner Notification Con't..... 1/7/97 Page 2 7) 11.200 Blk. N. P Owner: Kyle O. Garner Mailed to RR1, Box 42, Shenandoah Junction, WV - Mr. Garner called on 1-2-97 and agrees the structures should be removed. Will hire someone himself. His son will attend the meeting. Post Office had notified him there is a certified letter for him. The City has not received the signed "certified" card back as of 1-7-97. 8) 825 Mossev Owner: Donald Abbott Mailed to 7201 Spencer Hwy., Apt. 291, Pasadena - Returned "Attempted - Not Known" on 1-6-97. 9) 1312 Golden Lane Owner: David Brooke Mailed to 1315 Browning, La Porte - Mr. Brooke received letter on 12-28-96. 10) 3600 Underwood Rd. Owners: Fairmont Assembly of God Church Mailed to P. O. Box 1055, La Porte - Returned "Unclaimed" on 1-7-97. Owners: Jenkins Woods, H. V. Hayman, J. B. Linney & Charles Johnson, Trustees of Fairwood Assembly of God Mailed to 3600 Underwood Rd., La Porte - Returned "Unclaimed" on 1-7-97. e CITY OF LA PORTE e DANGEROUS BUILDING INSPECTION FORM DATE December 2. 1996 STREET ADDRESS 3115 Carlisle OWNER Re~ina A. Kearnev & Gre,ory Wayne Peffer OWNER'S MAILING ADDRESS 3115 Carlisle: La Porte. Tx 77571-7021 AGENT Regina A. Kearney & Gre~ory Wayne Peffer AGENT'S MAILING ADDRESS 10230 Old Orchard: La Porte. Tx 77571 BLOCK .11.- LOT(S) 4-6 SURVEY/SOODlV. Bayside Terrace OCCUPANCY TYPE Residence ZONING R-l FACILITIES AVAILABLE: WATER -L SANITARY SEWER-L- ELECTRICAL POWER ,/ GAS ,/ NO. OF DWELLING UNITS -L VACANT -L OCCUPIED_ AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, 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: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117). [.I] 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR [.I] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, ITIS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY COLLAPSE OR FALL OFANY PART OF SAID STRUCTURE; OR [.I] 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR r J 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING STRUCTURES. rID:rn: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF THIS REPORT FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: It is the opinion of this inspection board, after using City of La Porte Ordinance No. 1355 (Standard Housing Code, 1982 Edition) as its guide in making tbe inspection, tbat tbis building is in fact dangerous, but stiD repairable. All repairs or alterations required to be done sball be done in accordance witb aU City of La Porte codes and ordinances applicable. If the repairs or alterations order is not complied witb witbin tbe timetable set out in City of La Porte Ordinance #1145, it is tben tbe opinion of this inspection board tbat tbis building be demolished. xillIw -i UJj~y;J BUILDING OFFICIAL'S OFFICE ~I?,~~ FIRE MARSHAL'S OFFICE BUILDING EVALUATION CHECKLJ,s. A = Adequate _= Deficient N/A = Not Applicable I. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls I. Exterior 2. Interior C. Means of Egress I. Doors a. Interior b. Exterior 2. Porchs, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other ...nLa... JL JL JL JL JL ----A- ----A- JL JL ..Jlnk.. JL Unk JL JL II. MECHANICAL SYSTEMS A. Electrical 1. 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 JL 4. Sewer/Septic Tank: Unk 5. Gas System Unk C. Heating & Air Conditioning 1. Heating JL 2. Air Conditioning DLR- III. PROPERTY CONDITIONS 1. Accessory Structures 2. Condition of Grounds 3. Other JL JL JL JL ----A- ----A- ----A- ----A- n/a JL nlL. ~ -L COMMENT/EXPLANATION Rotting: House Siuinl! On Ground Rottinl!: House SiUinl! On Ground Missing: House Sitting On Ground Separating Holes: cracks Rottinl! - Needs Repair No screens Sal!ging Leaks Missing/Rottinl! Not to code: no dead front Exoosed wires Exposed wiring to ceiling fan: missing fixtures Ungrounded Not to code: S-traps Unvented heaters See below Note: Asbestos siding COMMENTS: 1. Some Graffiti: evidence of fire in kitchen: Fireplace separatinl! from house 11.'96 Rev, .:daf1llbld8.Cnnldaf1ll0""'" buJldlf1ll e e ORDINANCE NO. 97-2149 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT{S) 4-6, BLOCK 17, ADDITION Bayside Terrace, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Regina A. Kearney & Grego~ Wayne Peffer IS THE RECORD OWNER{S) OF SAID PROPERTY; ORDERING THE SAID OWNER{S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER{S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER{S); PROVIDING FOR THE REMOVAL OF SAID PREMISES 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 Sections 8-115 through 8-126 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118{aa) of said Sections provide that: Whenever it shall come to the attention of the Board of Inspection 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, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118{c) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately 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 upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and e e Ordinance No. 97- 2149 , Page 2 WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Blk. 17: Lots 4-6: Bayside Terrace, which is further described as 3115 Carlisle 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 fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated December 2. 1996, 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, Regina A. Kearney & Grego~ Wayne Peffer, whose address is 3115 Carlisle - La Porte. Tx 77571-7021, that a hearing as provided in Section 5 of said Ordinance would be held at 604 West 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 indicates that said owner (s) received said notice on December 30. 1996, a date more than ten (10) days before the date set for said hearing; e e Ordinance No. 97-2149 , Page 3 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 of Inspection; 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 Janua~ 14. 1997 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 and orders of the City Council of the ~ity of La Porte, and its conclusions" 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 of Inspection, 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 to be a nuisance, and orders such building condemned. e e Ordinance No. 97-21uQ , Page 4 Section 4. The City Council hereby finds, determines and declares that Regina A. Kearney & Grego~ Wayne Peffer, who resides at 3115 Carlisle - La Porte. Tx 77571-7021.. is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Regina A. Kearney & Grego~ Wayne Peffer has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Reqina A. Kearney & Gregory Wayne Peffer to entirely remove or tear down such building, and further orders the said Regina A. Kearney & Grego~ Wayne Peffer to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, 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 Regina A. Kearney & Gregory Wayne Peffer, by registered mail, return receipt requested. e e Ordinance No. 97-2149 , Page 5 Section 8. Should the said Regina A. Kearney & Gregory Wayne Peffer not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection 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 to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Regina A. Kearnev & Gregory Wayne Peffer, 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 of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, 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, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this . . Ordinance No. 97-2149 , Page 6 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 13th day of January, 19 97. CITY OF LA PORTE BY~~~ Mayo ./ ATTEST: ~~ City Secretary APPROVED: ~ ~uJ~ City Attorney I CITY OF LA PORTE . DANG OUS BUILDING INSPECTION FO DATE December 2. 1996 STREET ADDRESS 3102 So. Broadway (Old Hwy 146) OWNER Fern M. Belcher AGENT nfa MAILING ADDRESS 3104 Hwv. 146 So.: La Porte. Tx n571-6502 LEGAL DESCRIPTION Trs 9C &90 + 9A & 50A SURVEYfSUBDlV. Abst 30: W.P. Harris OCCUPANCY TYPE Comm. Garag:e ZONING N.C. FACILITIES AVAILABLE: WATER --L- SANITARY SEWER-L..- ELECTRICAL POWER ,/ GAS ,/ NO. OF DWELLING UNITS nfa VACANT...L..- OCCUPIED_ AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, 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: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117). [.I) 1) [.I) 2) [ ) 3) [l 4) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, ITIS. LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING STRUCTURES. NOTE: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF THIS REPORT FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: It is the opinion orthis inspection board, after using City of La Porte Ordinance No. 1355 (Standard Housing Code, 1982 Edition) as its guide in making the inspection, that this building is in fact dangerolls, but still repairable. All repairs or alterations required to be done shall be done in accordance with all City of La Porte codes and ordinances applicable. If the repairs or alterations order is not complied with within tbe timetable set out in City of La Porte Ordinance #1145, it is then tbe opinion of this inspection board tbat this building be demolished. ~Mh= ;t#~ FIRE MARSHAL'S IRE CHIEF'S OFFICE OFFICE x~l.1.cJ~ BUILDING OFFICIAL'S OFFICE . BUILDING EVALUATION CHECKLIST A = Adequate .= Deficient N/ A = Not Applicable - I. STRUcrURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls 1. Exterior 2. Interior unk ~ ~ ~ COMMENT/EXPLANATION --IL- Concrete block walls separating --IL- Same as exterior C. Means of Egress 1. Doors a. Interior Unk b. Exterior --IL- Restroom doors rottin~ 2. Porchs, Steps, Stairs ~ 3. Windows --IL- Glass missing: boarded D. Roof 1. Rafters --IL- Rotting 2. Deck, Shingles --IL- Holes in roof E. Ceilings 1. Joists JUA. 2. Ceiling JUA. F. Floors .Jlnk.. Concrete slab floor G. Other - II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel Unk Inside: unable to insoect 2. Wiring Unk 3. Lights, Switches Unk 4. Outlets Unk 5. Other B. Plumbing I. Fixtures a. Sink JUA. b. Lavatories --IL- Not hooked up to drain system c. Water Closets ----A- d. Tub/Shower JUA. e. Water Heater JUA. 2. Water Piping Unk 3. Drain, Waste & Vent Unk 4. Sewer/Septic Tank ..Jln!L 5. Gas System ..Jln!L C. Heating & Air Conditioning 1. Heating JUA. 2. Air Conditioning JUA. III. PROPERTY CONDITIONS 1. Accessory Structures ...nlL. 2. Condition of Grounds ----'1- 3. Other ---L- See below (Est. (3) tanks based on opening/vents) COMMENTS: Exterior inspection only 1. Existine: undere:round tanks - unknown condition 11-'96 Rev. ':danabloJa,frmldq."",. buUdhls e . ORDINANCE NO. 97-2150 AN ORDINANCE DECLARING THE BUILDING LOCATED ON TRACT(S) 9C & 9D + 9A & sOA, Abstract 30, W. P. Harris, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Fern M. Belcher IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID PREMISES 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 Sections 8-115 through 8-126 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118(aa) of said Sections provide that: Whenever 'it shall come to the attention of the Board of Inspection 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, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately 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 upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and e e Ordinance No. 97~150 , Page 2 WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Trs. 9C & 9D + 9A & SOA: Abst. 30. W. P. Harris. which is further described as 3102 So. Broadway (Old Hwy. 146) 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 fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated December 2. 1996, 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, Fern M. Belcher, whose address is 3104 Hwy. 146 South - La Porte. Tx 77571-6502, that a hearing as provided in Section S of said Ordinance would be held at 604 West 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 indicates that said owner(s) received said notice on December 31. 1996, a date more than ten (10) days before the date set for said hearing; e e Ordinance No. 97-2150 , Page 3 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 of Inspection; 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 Janua~ 14. 1997 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 and orders of the City Council of the' City of La Porte, and its conclusions" 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 of Inspection, 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 to be a nuisance, and orders such building condemned. e e Ordinance No. 97-?1~n , Page 4 Section 4. The City Council hereby finds, determines and declares that Fern M. Belcher, who resides at 3104 Hwy. 146 South - La Porte. Tx 77571-6502, is the record owner(s) of the property on which this building is situated, and that as such record owner(s) , the said Fern M. Belcher has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Fern M. Belcher to entirely remove or tear down such building, and further orders the said Fern M. Belcher to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, 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 Fern M. Belcher, by registered mail, return receipt requested. e e Ordinance No. 97-2150 , Page 5 Section 8. Should the said Fern M. Belcher not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection 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 to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Fern M. Belcher, 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 of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, 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, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open 'to the public as required by law at all times during which this e e Ordinance No. 97- ? 1 ..n , Page 6 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 13th day of Janua~, 19 97. CITY OF LA PORTE BY~~~~ Mayo ATTEST: ~f~ CTty Secreta~ APPROVED: ;" ~- ) ~/ ) L-A-t.,vvi tL ' ui1:~ City Attorney e CITY OF LA PORTE I DANGEROUS BUILDING INSPECTION FOR' DATE December 2. 1996 STREET ADDRESS 324 San Jacinto OWNER Lupe Hernandez. Jr. & Josie Hernandez AGENT N/A MAILING ADDRESS 10825 Birch Dr.: La Porte. Tx 77571 BLOCK 212- LOT(S) 6-9 SURVEY/SUBDIV. La Porte OCCUPANCY TYPE Residence ZONING R-I FACILITIES AVAILABLE: WATER ---L- SANITARY SEWER-L- ELECTRICAL POWER .I GAS .I NO. OF DWELLING UNITS -L VACANT -L- OCCUPIED_ AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1l45, SECTION 8-118, 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: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1l45, SECTION 8-117). [.I] I) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR [.I] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR [ ] 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR l J 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING STRUCTURES. HQ:re: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF THIS REPORT FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: It is tbe opinion of tbis inspection board, after using City of La Porte Ordinance No. 1355 (Standard Housing Code, 1982 Edition) as its guide in making tbe inspection, that tbis building is in fact dangerous, but still repairable. All repairs or alterations required to be done shall be done in accordance with all City of La Porte codes and ordinances appJicable. If the repairs or alterations order is not compUed with witbin tbe timetable set out in City of La Porte Ordinance #1145, it is then the opinion of tbis inspection board tbat tbis building be demolished. ~0 BUILDING OFFICIAL'S OFFICE ~~~ IRE MARSHAL'S R CHIEF'S OFFICE OFFICE BUILDING EVALUATION CHECKLIST A = Adequate . Deficient N/A = Not Applicable e I. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. SiIls c. Joists B. Walls 1. Exterior 2. Interior C. Means of Egress 1. Doors a. Interior b. Exterior 2. Porchs, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other III. PROPERTY CONDITIONS 1. Accessory Structures 2. Condition of Grounds 3. Other JJlA.. COMMENT/EXPLANATION ..lL- Floor uneven ..lL- Floor uneven ..lL- Floor uneven ..lL- Holes: block wall separating --A- --A- --A- ..lL- Rotting ..lL- Glass missinl!:: screen missing .Jlnk... ..lL- Sa~ging .Jlnk... JL Sagging - drog-in ceilinl!: tiles ..lL- ..lL- --A- COMMENTS: Voluntary demolition II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel ..lL- Not to code: 50 amp main: no dead front 2. Wiring ..lL- Exposed wires: some plug:s un~rounded 3. Lights, Switches JL Plates Iil!:hts missing 4. Outlets ..lL- Covers missinl!: 5. Other - B. Plumbing 1. Fixtures a. Sink --A- b. Lavatories --A- c. Water Closets --A- d. Tub/Shower --A- e. Water Heater ..lL- Outside: needs maintenance 2. Water Piping .JlnK 3. Drain, Waste & Vent ..JL Not to -code: S-tra.ps 4. Sewer/Septic Tank ...llnk... 5. Gas System .Jlnk... C. Heating & Air Conditioning 1. Heating ..JL Unvented heaters 2. Air Conditioning niL Wood addition separating from main house 11.'96 Rev. .:.....bldl.rnnl........... baIIoIIIw '. e ORDINANCE NO. 97-2151 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT(S) 6-9, BLOCK 219, ADDITION Town of La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Lupe Hernandez. Jr. & Josie Hernandez IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF ~HIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID PREMISES 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 Sections 8-115 through 8-126 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118(aa) of said Sections provide that: Whenever it shall come to the attention of the Board of Inspection 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, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately 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 upon which such conclusion was based. . The report shall be filed in all cases no matter what conclusion is stated by the Board; and e e Ordinance No. 97-?1~1 , Page 2 WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Blk. 219: Lots 6- 9: Town of La Porte. which is further described as 324 San Jacinto 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 fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated December 2. 1996, 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, Lupe Hernandez. Jr. & Josie Hernandez, whose address is 10825 Birch Dr. - La Porte, Tx 77571, that a hearing as provided in Section 5 of said Ordinance would be held at 604 West 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 indicates that said owner(s) received said notice on December 28. 1996, a date more than ten (10) days before the date set for said hearing; e e Ordinance No. 97- 2151 , Page 3 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 of Inspection; 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 Janua~ 14, 1997 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 and orders of the City Council of the City of La Porte, and its conclusions" 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 of Inspection, 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 to be a nuisance, and orders such building condemned. e e Ordinance No. 97-2151 , Page 4 Section 4. The City Council hereby finds, determines and declares that Lupe Hernandez. Jr. & Josie Hernandez, who resides at 10825 Birch Dr. - La Porte. Tx 77571, is the record owner(s} of the property on which this building is situated, and that as such record owner(s}, the said Lupe Hernandez. Jr. & Josie Hernandez has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Lupe Hernandez. Jr. & Josie Hernandez to entirely remove or tear down such building, and further orders the said Lupe Hernandez. Jr. & Josie Hernandez to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, 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 Lupe Hernandez. Jr. & Josie Hernandez, by registered mail, return receipt requested. e e Ordinance No. 97-2151 , Page 5 Section 8. Should the said Lupe Hernandez. Jr. & Josie Hernandez not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection 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 to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Lupe Hernandez. Jr. & Josie Hernandez, 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 of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, 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, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this It . Ordinance No. 97 - 2151- , Page 6 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 13th day of January, 19 ll. CITY OF LA PORTE By4~J~_ Mayo ATTEST: ~ .L..~/ City Secretary APPROVED: / ti0~uJ~~~ City Attorney . CITY OF LA PORTE e DANGEROUS BUILDING INSPECTION FORM DATE December 2. 1996 STREET ADDRESS 531 No. 8th St. OWNER Sharon. Jason & Nicole Felt AGENT n/a MAILING ADDRESS P.O. Box 22622: Houston. Tx 77227-2622 BLOCK 100...- LOT(S) 28-32 SURVEY/SUBDlV. Town of La Porte OCCUPANCY TYPE . Residence ZONING G.C. FACILITIES AVAILABLE: WATER -L- SANITARY SEWER---L- ELECTRICAL POWER .I GAS .I NO. OF DWELLING UNITS VACANT -L- OCCUPIED_ AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECl'ION 8-118, 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: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117). [.I] 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR [.lJ 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR [.lJ 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS A V AlLABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR 1.11 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING STRUCTURES. ~: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF THIS REPORT FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: It is the opinion of this inspection board, after using City of La Porte Ordinance No. 1355 (Standard Housing Code, 1982 Edition) as its guide in making the inspection, that this building is in fact dangerous, but still repairable. AU repairs or alterations required to be done shall be done in accordance with aU City of La Porte codes and ordinances applicable. If the repairs or alterations order is not complied with within the timetable set out in City of La Porte Ordinance #1145, it is then the opinion of this inspection board that this building be demolished. t"\ II- n , .'.-, ~ BUILDING OFFICIAL'S OFFICE ~!4~ x~~_ FIRE MARSHAL'S ~E CHIEF'S OFFICE OFFICE BUILDING EVALUATION CHECKLIST A = Adequate -. Deficient N/A = Not Applicable e II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel -A- 2. Wiring JL Exposed wires 3. Lights. Switches -A- 4. Outlets -A- 5. Other J!!A... B. Plumbing 1. Fixtures a. Sink -A- b. Lavatories JL Not hooked up c. Water Closets -A- d. Tub/Shower -A- e. Water Heater JL On 2round 2. Water Piping --1!nk 3. Drain, Waste & Vent -1l.nk 4. Sewer/Septic Tank -1lnk 5. Gas System --1!nk C. Heating & Air Conditioning 1. Heating JL No unit 2. Air Conditioning ~ Window screen missing I. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. Sills C. Joists B. Walls 1. Exterior 2. Interior C. Means of Egress 1. Doors a. Interior b. Exterior 2. Porchs. Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other III. PROPERTY CONDITIONS 1. Accessory Structures 2. Condition of Grounds 3. Other J!!A... JL JL JL .J.l!lL JL JL JL .JL ..JL JL ..JL .J.l!lL JL Jln!L .JJiA. JJ1A -A- ..L COMMENT/EXPLANATION House on ground House on 2round House on ground Holes in wall Doors missing Not instaIled Not level Glass & screens missin2 Rottin2 Visible ceilin2 dama2e Roof sag2ing Sheetrock sa22ing See below COMMENTS: Burnt mattress in vard: evidence started in house (Asbestos siding under vinvl sidin2) 11.'96 Rev. a:qb.,..rnnlq....... baUdI... e e ORDINANCE NO. 97-2152 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT(S) 28-32, BLOCK 100, ADDITION Town of La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Sharon. Jason & Nicole Felt IS THE RECORD OWNER (S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID PREMISES 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 Sections 8-115 through 8-126 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118(aa) of said Sections provide that: Whenever it shall come to the attention of the Board of Inspection 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, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately 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 upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and e e Ordinance No. 97-?1~? , Page 2 WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Blk. 100: Lots 28- 32: Town of La Porte. which is further described as 531 N. 8th 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 fire hazard, as defined in Section 8- 117 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated December 2. 1996, 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, Sharon. Jason & Nicole Felt, whose address is P. O. Box 22622 - Houston. Tx 77227-2622, that a hearing as provided in Section 5 of said Ordinance would be held at 604 West Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, ~t 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 indicates that said owner(s) received said notice on December 31. 1996, a date more than ten (10) days before the date set for said hearing; e e Ordinance No. 97-2152 , Page 4 Section 4. The City Council hereby finds, determines and declares that Sharon. Jason & Nicole Felt, who resides at P. O. Box 22622 - Houston. Tx 77227-2622, is the record owner (s) of the property on which this building is situated, and that as such record owner(s), the said Sharon. Jason & Nicole Felt has been duly and legally notified of these proceedings. Section s. The City Council hereby orders the said Sharon. Jason & Nicole Felt to entirely remove or tear down such building, and further orders the said Sharon. Jason & Nicole Felt to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, 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 Sharon, Jason & Nicole Felt, by registered mail, return receipt requested. e e Ordinance No. 97-2152 , Page 5 Section 8. Should the said Sharon. Jason & Nicole Felt not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection 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 to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Sharon. Jason & Nicole Felt, 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 of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, 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, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this . e Ordinance No. 97-2152 , Page 6 . 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 13th day of Janua~, 19 97. CITY OF LA PORTE By J(~/0,M!:k~ ATTEST: 'Sh. _ _L'L' ~ City Secreta~ ". APPROVED~ ~ ~tJV~ City Attorney . CITY OF LA PORTE_ DAN ROUS BUILDING INSPECTION F4IIIPM DATE December 2. 1996 STREET ADDRESS 11.100 Blk. No. oW St. OWNER John & Avis Parker AGENT nla MAILING ADDRESS 11011 No. Avenue "L": La Porte. Tx 77571-9317 Legal Desc. Tr. 469C-I SURVEY/SUBDIV. La Porte Outlots OCCUPANCY TYPE Residence ZONING R-I FACILITIES AVAILABLE: WATER --L- SANITARY SEWER~ ELECTRICAL POWER ,/ GAS ,/ NO. OF DWELLING UNITS ~ VACANT..L OCCUPIED_ AS REQUIRED iN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, 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: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117). [.I] I) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR [] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR [ ] 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR [J 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING STRUCTURES. ~: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF THIS REPORT FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: It is the opinion oUbis iospection board, after using City of La Porte Ordinance No. 1355 (Standard Housing Code, 1982 Edition) as its guide in making the iospection, that this building is in fact dangerous, but still repairable. All repairs or alterations required to be done shall be done in accordance with all City of La Porte codes and ordinances applicable. If the repairs or alterations order is not complied with within the timetable set out in City of La Porte Ordinance #1145, it is then the opinion of tbis iospection board that tbis building be demolished, ~S,~ BUILDING OFFICIAL'S OFFICE ~4~ RE MARSHAL'S IRE CHIEF'S OFFICE OFFICE A = Adequate ,. BUILDING EVALUATION CHeCKLIST . = Deficient N/ A = Not Applicable . I. STRUCTURAL COMMENT/EXPLANATION A. Foundation 1. Slab .1!iA.. 2. Pier & Beam a. Footings -A- b. Sills ..lL Rotting c. Joists ..lL Rotting B. Walls 1. Exterior ..lL Rottinll - OJ)en 2. Interior .Jlnk C. Means of Egress 1. Doors a. Interior ..lL b. Exterior ..lL Sagginll 2. Porchs, Steps, Stairs ..lL Missing 3. Windows ..lL Frames rotting D. Roof 1. Rafters ..lL 2. Deck, Shingles ..lL E. Ceilings 1. Joists --!.!ok 2. Ceiling --!.!ok F. Floors ..lL Rotting visible at east door G. Other II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel ...nlL 2. Wiring Unk 3. Lights, Switches Unk 4. Outlets .Jlnk 5. Other B. Plumbing 1. Fixtures a. Sink ~ b. Lavatories ~ c. Water Closets --!.!ok d. Tub/Shower --1lnk e. Water Heater --1lnk 2. Water Piping -1lnk '3. Drain, Waste & Vent ...J..!nk 4. Sewer/Septic Tank -1lnk 5. Gas System --11.nk C. Heating & Air Conditioning 1. Heating ...Jlnk 2. Air Conditioning _ Unk III. PROPERTY CONDITIONS 1. Accessory Structures ....JJl.i 2. Condition of Grounds -A- 3. Other COMMENTS: Exterior in~ction only \\-'96 Rev. .:.....bkl8,rrml....."""" bulldhw e e ORDINANCE NO. 97- 2153 AN ORDINANCE DECLARING THE BUILDING LOCATED ON TRACT(S) 469C-1, ADDITION La Porte Outlots, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT John & Avis Parker IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER (S); PROVIDING FOR THE REMOVAL OF SAID PREMISES 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 Sections 8-115 through 8-126 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized repre'sentati ve, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118 (aa) of said Sections provide that: Whenever it shall come to the attention of the Board of Inspection 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, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately 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 upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and e e Ordinance No. 97-2153 , Page 2 WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Tr. 469C-1: La Porte Outlots. which is further described as 11.100 Blk. N. H. 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 fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated December 2. 1996, 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, John & Avis Parker, whose address is 11011 N. Avenue L - La Porte. Tx 77571, that a hearing as provided in Section 5 of said Ordinance would be held at 604 West 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 indicates that said owner(s) received said notice on Janua~ 6. 1997, a date more than ten (10) days before the date set for said hearing; e e Ordinance No. 97- n~~ , Page 3 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 of Inspection; 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 January 14. 1997 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 and orders of the City Council of the City' of La Porte, and its conclusions" 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 of Inspection, 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 to be a nuisance, and orders such building condemned. e It Ordinance No. 97-2153 , Page 4 Section 4. The City Council hereby finds, determines and declares that John & Avis Parker, who resides at 11011 N. Avenue L ~ La Porte. Tx 77571-9317, is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said John & Avis Parker has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said John & Avis Parker to entirely remove or tear down such building, and further orders the said John & Avis Parker to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, 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 John & Avis Parker, by registered mail, return receipt requested. . It Ordinance No. 97-2153 , Page 5 Section 8. Should the said John & Avis Parker not comply with the. orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection 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 to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said John & Avis Parker, 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 of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, 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, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this . - Ordinance No. 97-2153 , Page 6 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 13th day of January, 19 97. CITY OF LA PORTE BY~~~~ . Mayor -. . :-. . ATTEST: S-~ ~ City L.~ Secretary APPRO~ /' ,~u) ~~ City Attorney ~ Cfrv OF LA PORTE . D '. ROUS BUILDING INSPECTION ... M DATE December 2. 1996 STREET ADDRESS 10.900 Blk. No. "L" St. OWNER Albert C. Wandell AGENT n/a MAILING ADDRESS 10927 No. "L" St.: La Porte. Tx 71571-9315 LEGAL DESC. Tr. 427A & 427C SURVEY/SUBDIV. La Porte Outlots OCCUPANCY TYPE Residence ZONING R-l FACILITIES AVAILABLE: WATER ---L- SANITARY SEWER-L- ELECTRICAL POWER .I GAS .I NO. OF DWELLING UNITS -L VACANT -"-- OCCUPIED_ AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, 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: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117). [.I] 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR [.I] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR [ ] 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR [] 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING STRUCTURES. lmrn: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF THIS REPORT FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: It is the opinion oftbis inspection board, after using City of La Porte Ordinance No. 1355 (Standard Housing Code, 1982 Edition) as its guide in making tbe inspection, tbat this building is in fact dangerous, but still repairable. All repairs or alterations required to be done sball be done in accordance with all City of La Porte codes and ordinances applicable. If the repairs' or alterations order is not complied with within tbe timetable set out in City of La Porte Ordinance #1145, it is then the opinion of this inspection board that this building be demolisbed. x0~J'ld~ BUILDING OFFICIAL'S OFFICE ~~ IRE M~AL'S E CHIEF'S OFFICE OFFICE II BUILDING EVALUATION CHECKLIST e (j = ~Deficient N/ A = Not Applicable . I. STRUCTURAL COMMENT/EXPLANATION A. Foundation I. Slab .JJ!A.. 2. Pier & Beam a. Footings --1L House sitting on ground b. Sills --1L House sitting on ground c. Joists -IL House sitting on I!:round B. Walls I. Exterior -IL Rotting 2. Interior --1L C. Means of Egress 1. Doors a. Interior --1L b. Exterior --1L 2. Porchs, Steps, Stairs .l!iA.. 3. Windows ....A..- D. Roof 1. Rafters --1L Rotting 2. Deck, Shingles --1L Holes E. Ceilings I. Joists --1L Rottinl!: 2. Ceiling --1L Sheetrock missing F~ Floors .JL Rotting G. Other II. MECHANICAL SYSTEMS A. Electrical I. Service Entrance & Panel --1L 2. Wiring .JL El!\posed 3. Lights, Switches --1L Plates. boxes missing 4. Outlets --1L Covers missinl!: S. Other B. Plumbing I. Fixtures a. Sink ....A- b. Lavatories ....A- c. Water Closets ...A- d. Tub/Shower ...A- e. Water Heater --1L Due to age 2. Water Piping .-!.!Dk 3. Drain, Waste & Vent --1lnk 4. Sewer/Septic Tank --1lnk 5. Gas System --1lnk C. Heating & Air Conditioning 1. Heating .JL Old wall unit 2. Air Conditioning -.!1.nk III. PROPERTY CONDITIONS I. Accessory Structures ---1L Old metal storage building 2. Condition of Grounds ---A. 3. Other COMMENTS: (1) cistern + (n old I!:ray water tank A = Adequate 11.'\16 Key. .:do..b.....rrml........... buildl.. ~ CITY OF LA PORTE & D . ROUS BUILDING INSPECTION DATE December 2. 1996 STREET ADDRESS 11.200 Blk. No. "P" St. OWNER Kyle O. Garner AGENT nla MAILING ADDRESS RR1. Box 42 - Shenandoah Junction. WV 25442-9512 LEGAL DESC. Tr. 390 . SURVEY/SUBDlV. La Porte Outlots OCCUPANCY TYPE Mobile Home ZONING R-l FACILITIES AVAILABLE: WATER ---L- SANITARY SEWER----L- ELECTRICAL POWER .I GAS .I NO. OF DWELLING UNITS -L VACANT -"-- OCCUPIED_ AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, 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: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117). [.I] 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR [] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR [.I] 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR [] 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING STRUCTURES. .rro:rn: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF THIS REPORT FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: It is tbe opinion of this inspection board, after using City of La Porte Ordinance No. 1355 (Standard Housing Code, 1982 EdItion) as its guide in making the inspection, that this building is in fact dangerous, but still repairable. All repairs or alterations required to be done sbaU be done in accordance witb all CIty of La Porte codes and ordinances applicable. If tbe repairs or alterations order is not compUed with within the timetable set out in City of La Porte Ordinance #1145, it is then tbe opinion of this inspection board that this building be demolished. x k\.1l...4 j.~ BUILDING OFFICIAL'S OFFICE ~~ IRE MARSHAL'S E CHIEF'S OFFICE OFFICE BUILDING EVALUATION CHECKLIST - . Deficient N/A = Not Applicable . A = Adequate I. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls 1. Exterior 2. Interior C. Means of Egress 1. Doors a. Interior b. Exterior 2. Porchs, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other III. PROPERTY CONDITIONS 1. Accessory Structures 2. Condition of Grounds 3. Other .l!iA.. COMMENT/EXPLANATION --1!nk Trlr. frame on concrete blocks .JJh ~ ....A..- ....A- -A- --1L Front door on floor ..JL Fallen in --1L Glass broken. no screens --1!nk --1!nk Unk -IL Leaks ....A..- -1L -A- Wood structure - wall & roof problems/unsecured COMMENTS: Storage buildin~ is not in proper repair II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel --1L Needs c1eaninl!: up 2. Wiring .JL Not to code 3. Lights, Switches --1L Fixtures not in place 4. Outlets ...A- 5. Other B. Plumbing 1. Fixtures a. Sink --1L Not hooked up: no handles b. Lavatories JL No handles c. Water Closets ...A- d. Tub/Shower --1L No faucets e. Water Heater -DlI 2. Water Piping --1.!nk 3. Drain, Waste & Vent -.!1.nk 4. Sewer/Septic Tank ---1!nk 5. Gas System -.!1.nk C. Heating & Air Conditioning 1. Heating --1!nk 2. Air Conditioning .JJfA 11-'96 Rev. .:.....bJdB.IimI........... bulIcIIa8 . e ORD INANCE NO. 97-2154 AN ORDINANCE DECLARING THE BUILDING LOCATED ON TRACT(S) 390, ADDITION La Porte Outlots, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Kyle O. Garner IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER (S); PROVIDING FOR THE REMOVAL OF SAID PREMISES 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 Sections 8-115 through 8-126 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118 (aa) of said Sections provide that: Whenever it shall come to the attention of the Board of Inspection 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, within twenty-four (24) hours of the receipt of said complaint., make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately 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 upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and . e Ordinance No. 97-2154 , Page 2 WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Tr. 390: La Porte Outlots. which is further described as 11.200 Blk. N. P. 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 fire hazard, as defined in Section 8-117 of the Code of Ordinances Qf the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated December 2. 1996, finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the rec~rd owner(s) of said property, Kyle O. Garner, whose address is RR1. Box 42 - Shenandoah Junction. WV 25442-9512, that a hearing as provided in Section 5 of said Ordinance would be held at 604 West 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 indicates that said owner(s) received said notice on "Notice Unclaimed", a date more than ten (10) days before the date set for said hearing; . e Ordinance No. 97-2154 , Page 3 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 of Inspection; 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 Janua~ 14, 1997 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 and orders of the City Council of the City of La Porte, and its conclusions" 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 of Inspection, 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 to be a nuisance, and orders such building condemned. . e Ordinance No. 97-'1~~ , Page 4 Section 4. The City Council hereby finds, determines and declares that Kyle O. Garner, who resides at RR1. Box 42 Shenandoah Junction. WV 25442-9512, is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Kyle O. Garner has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Kyle O. Garner to entirely remove or tear down such building, and further orders the said Kyle O. Garner to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, 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 Kyle O. Garner, by registered mail, return receipt requested. . e Ordinance No. 97- 2154 , Page 5 Section 8. Should the said Kyle O. Garner not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection 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 to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Kyle O. Garner, 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 of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, 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, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all . e Ordinance No. 97-2154 , . Page 6 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 13th day of January, 19.2.1.. CITY OF LA PORTE ByJ(~~?k~ . Mayor ATTEST: 5",o-L/ . City Secretary APPROVED: / ..,/--- / dwi-cJ~~ City Attorney II CITY OF LA PORTE . I DANGEROUS BUILDING INSPECTION FOR DATE December 2. 1996 STREET ADDRESS 825 Mossev OWNER Donald Abbott AGENT n/a MAILING ADDRESS 7201 Spencer Hwy.. Apt. 291: Pasadena. Tx 77505-1819 BLOCK --L Lot(s) 353 + S. 15' of 354 SURVEY/SUBDIV. Battleground Estates. S. 2 OCCUPANCY TYPE Garaie ZONING R-I FACILITIES AVAILABLE: WATER --L- SANITARY SEWER-L- ELECTRICAL POWER .I GAS .I NO. OF DWELLING UNITS 0 VACANT -"-- OCCUPIED_ AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE.BUlLDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: <AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117). [.I] 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR r] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR r.l] 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR [ ) 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING STRUCTURES. NOTE: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF THIS REPORT FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: It is the opinion of this inspection board, after using City of La Porte Ordinance No. 1355 <Standard Housing Code, 1982 Edition) as its guide in making the inspection, tbat this building is in ract dangerous, but still repairable. All repairs or alterations required to be done shall be done in accordance witb all City of La Porte codes and ordinances applicable. Jr the repairs or alterations order is not complied with within tbe timetable set out in City of La Porte Ordinance #1145, it is tben tbe opinion of tbis inspection board that tbis building be demolished. x S0...u..;.. J 1AJ:WW BUILDING OFFICIAL'S OFFICE ~~~ x~~~ IRE MARSHAL'S l!!.E CHIEF'S OFFICE OFFICE BUILDING EVALUATION CHECKLiST A = Adequate ,= Deficient N/ A = Not Applicable It I. STRUCTURAL A. Foundation I. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls 1. Exterior 2. Interior C. Means of Egress 1. Doors a. Interior b. Exterior . 2. Porchs, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings I. Joists 2. Ceiling F. Floors G. Other ....A- ~ JJf.J ~ COMMENT/EXPLANATION --1L Rotting --1L Falling in -Dla JL Missing ....l!lJ. .JJiA ....A..- --1L Cominl!: !Wart ....A..- ~ .JJiA Concrete slabs II. MECHANICAL SYSTEMS A. Electrical I. Service Entrance & Panel --1L Panel open 2. Wiring --1L Exposed wirinl!: 3. Lights, Switches -1L Plates & fixtures missing 4. Outlets -1L Plul!:s missing S. Other .l!iA.. B. Plumbing I. Fixtures a. Sink n/a b. Lavatories JJf.J c. Water Closets .JJiA d. Tub/Shower JJf.J e. Water Heater ~ 2. Water P'iping ~ 3. . Drain, Waste & Vent ~ 4. Sewer/Septic Tank .JJiA S. Gas System ~ C. Heating & Air Conditioning I. Heating ....IJIA 2. Air Conditioning ....JJI.I. III. PROPERTY CONDITIONS I. Accessory Structures .JJiA 2. Condition of Grounds ....A..- 3. Other --L See below COMMENTS: 1. Main structure burned. slab remains. lJnsecured garal!:e 11-'96 RoY. .:.....bkll.rm.t............ buIIdIJIs e . ORDINANCE NO. 97- 2155 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT(S) 353 & S. 15' of 354. BLOCK,a, ADDITION Battleground Estates. S. 2, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Donald Abbott IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE ,OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER (S); PROVIDING FOR THE REMOVAL OF SAID PREMISES 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 Sections 8-115 through 8-126 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118 (aa) of said Sections provide that: Whenever it shall come to the attention of the Board of Inspection 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, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately 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 upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and e e Ordinance No. 97-2155 - .- , Page 2 WHEREAS, it has heret9fore come to the attention of the Board of Inspection that the building located on Blk. 8; Lot 353 & S. 15' of 354; Battleground Estates, S. 2. which is further described as 825 Mossey 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 fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated December 2, 1996, 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, Donald Abbott, whose address is 7201 Spencer Hwy.. Apt. .291 - Pasadena. Tx 77505-1819, that a hearing as provided in Section 5 of said Ordinance would be held at 604 West 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 indicates that said owner(s) received said notice on "Notice Returned", a date more than ten (10) days before the date set for said hearing; . . Ordinance No. 97-2155 , Page 3 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 of Inspection; 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 January 14. 1997 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 and orders of the City Council of the City of La Porte, and its conclusions" 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 of Inspection, 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 to be a nuisance, and orders such building condemned. e e Ordinance No. 97-2155 , Page 4 Section 4. The City Council hereby finds, determines and declares that Donald Abbott, who resides at 7201 Soencer Hwy.. Apt. 291 - Pasadena. Tx 77505-1819, is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Donald Abbott has been duly and legally notified of these proceedings. Section 5. The City Council 'hereby orders the said Donald Abbott to entirely remove or tear down such building, and further orders the said Donald Abbott to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board of Inspection of the City of La Porte to cause a notic..!a of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, 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 Donald Abbott, by registered mail, return receipt requested. e e Ordinance No. 97- ?1~~ , Page 5 Section 8. Should the said Donald Abbott not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection 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 to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Donald Abbott, 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 of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, 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, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this . e Ordinance No. 97-2155 , Page 6 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 13th day of Janua:z:y, 19 n. CITY OF LA PORTE BY~~/~ Mayor A'ITEST: ')<dO -L~ City Secretary APPROVED: / ~;';.W. ~ City Attorney . CITY OF LA PORTE . D~EROUS BUILDING INSPECTION F 1 M DATE December 2. 1996 STREET ADDRESS 1312 Golden Lane OWNER David Brooke AGENT n/a MAILING ADDRESS 1315 Browning St.: La Porte. Tx 71571-9601 LEGAL DESC. Tr. IS & S. 75' of Tr. 16 out of Outlot 371 SURVEY/SUBDlV. La Porte Outlots OCCUPANCY TYPE Residence ZONING R-l FACILITIES AVAILABLE: WATER -1- SANITARY SEWER-L- ELECTRICAL POWER .I GAS .I NO. OF DWELLING UNITS -L VACANT....L- OCCUPIED_ AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, 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: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117). [.I] 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR [ ] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR [.I] 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR [ ] 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND MA Y CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING STRUCTURES. ~: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF THIS REPORT FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: It is the opinion ofthis inspection board, after Wling City of La Porte Ordinance No. 1355 (Standard Housing Code, 1982 Edition) as its guide in making the inspection, that this building Is in fact dangeroWl, but still repairable. All repairs or alterations required to be done sbaU be done in accordance witb all City of La Porte codes and ordinances applicable. If the repairs or alterations order is not complied witb within the timetable set out in City of La Porte Ordinance #1145, it is then tbe opinion of this inspection board tbat this building be demolished. ~~ BUILDING OFFICIAL'S OFFICE ~~ IRE MARSHAL'S OFFICE tit BUILDING EVALUATION CHECKLIST e D= Deficient N/A = Not Applicable II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel .-lL No breakers 2. Wiring --1L Exposed 3. Lights, Switches --1L Missing 4. Outlets .-lL Missing covers-Inadequate numbers 5. Other .l!1A.. B. Plumbing 1. Fixtures a. Sink -Dli House never comDleted b. Lavatories -Dli House never completed c. Water Closets --Dli House never completed d. Tub/Shower ....JJi.J. House never completed e. Water Heater -Dli House never completed 2. Water Piping -Dli House never completed 3. Drain, Waste & Vent --Dli House never completed 4. Sewer/Septic Tank ..!lnk House never completed S. Gas System .Jlnk House never completed C. Heating & Air Conditioning 1. Heating --Dli House never completed 2. Air Conditioning -Dli House never completed A = Adequate I. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls 1. Exterior 2. Interior C. Means of Egress 1. Doors a. Interior b. Exterior 2. Porchs, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other III. PROPERTY CONDITIONS 1. Accessory Structures 2. Condition of Grounds 3. Other COMMENT/EXPLANATION ...A- --Dli ....JJi.J. --Dli --1L Rotting --1L Missing -IL Missing -IL Missing JL Missin~ --1L Missing --1L Homemade trusses - 2x4s --1L Hole .JJiA Part of truss -IL Sheetrock missing ....A- --DlI ....A..- COMMENTS: House started but never finished 11.'96 Rev. .:doIlIbJds.r.....doIlI....... bu1kI", e . ORDINANCE NO. 97-211)6 AN ORDINANCE DECLARING THE BUILDING LOCATED ON TRACT(S) 15 & S. 75' of Tr. 16 out of Outlot 377. ADDITION La Porte Outlots, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT David Brooke IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER (S); PROVIDING FOR THE REMOVAL OF SAID PREMISES 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 Sections 8-115 through 8-126 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118(aa) of said Sections provide that: Whenever it shall come to the attention of the Board of Inspection 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, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately 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 upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and e e Ordinance No. 97- 21 'i~ , Page 2 WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Tract 15 & S. 75' of Tr. 16 out of Outlot 377: La Porte Outlots. which is further described as 1312 Golden Lane 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 fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated December 2. 1996, 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, David Brooke, whose address is 1315 Browning St. - La Porte. Tx 77571-9601, that a hearing as provided in Section 5 of said Ordinance would be held at 604 West 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 indicates that said owner (s) received said notice on December 28. 1996, a date more than ten (10) days before the date set for said hearing; e It Ordinance No. 97-11~6 , Page 3 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 of Inspection; 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 Janua~ 14. 1997 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 and orders of" the City Council of the City of La Porte, and its conclusions" 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 of Inspection, 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 to be a nuisance, and orders such building condemned. e - Ordinance No. 97-2]~6 , Page 4 Section 4. The City Council hereby finds, determines and declares that David Brooke, who resides at 1315 Browning St. - La Porte. Tx 77571-9601, is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said David Brooke ,has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said David Brooke to entirely remove or tear down such building, and further orders the said David Brooke to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, 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 David Brooke, by registered mail, return receipt requested. . . Ordinance No. 97-? 1 'h , Page 5 Section 8. Should the said David Brooke not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection 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 to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said David Brooke, 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 of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, 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, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this . - Ordinance No. 97-21~6 , Page 6 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 13th day of January, 19 97. CITY OF LA PORTE Byd~/~_ ay r ATTEST: ~ ~ f---,,- .-J City Secretary APPROVED: O:{-?J.~ City Attorney ~ CITY OF LA PORTE I D 'EROUS BUILDING INSPECTION F "M ~,S1 DATE December 2. 1996 STREET ADDRESS 3600 Underwood Rd. OWNER Fairmont Assemblv of God Church OWNER'S MAILING ADDRESS P.O. Box toSS: La Porte. Tx 77572-1055 AGENT Jenkins Woods. H. V. Hayman - J.B. Linney & Charles Johnson. Trustees of Fairwood Assemblv of God AGENT'S MAILING ADDRESS 3600 Underwood Rd: La Porte 77571 LEGAL DESCRIPTION Tr. 813 & N. 300' of Lots 698 & 699 SURVEY/SUBDlV. La Porte Outlots OCCUPANCY TYPE Church ZONING R-l & R-2 FACILITIES AVAILABLE: WATER ---L- SANITARY SEWER-L- ELECTRICAL POWER .I GAS .I NO. OF DWELLING UNITS n/a VACANT -L. OCCUPIED_ AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, 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: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117). [.I] 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR [.I] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR [.I] 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR [.I] 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING STRUCTURES. ~: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF THIS REPORT FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: It is the opinion of this inspection board, after using City of La Porte Ordinance No. 1355 (Standard Housing Code, 1982 Edition) as its guide in making tbe inspection, that this building is in fact dangerous, not repairable, and sbould be demolished. This building does not provide the basic minimum housing standards deemed essential for safe and healthful living for a residential occupancy aDd is a threat to public safety, health aDd tbe general welfare of tbe citizens of La Porte. x ().uJ..L ~ uD~ BUILDING OFFICIAL'S OFFICE ~r' IRE MARSHAL'S E CHIEF'S OFFICE OFFICE . BUILDING EVALUATION CHECKLIST.- b= Deficient N/A = Not Applicable A = Adequate I. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls 1. Exterior 2. Interior C. Means of Egress 1. Doors a. Interior b. Exterior 2. Porchs, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other --11li COMMENT/EXPLANATION ...!L Rotting' o,pen to weather ...!L Rotting: o,pen to weather --1L Rottin,' OJ)en to weather --1L Missin, --1L Missing .JL Missing --1L Missing JL Missing --1L Glass broken --1L Falling in ...!L Falling in --1L --1L Missing JL Rotting II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel --1L Overgrown with vines 2. Wiring .JL Wires exposed 3. Lights, Switches --1L Missing 4. Outlets .JL Missing 5. Other .JJiA.. B. Plumbing 1. Fixtures a. Sink JJ1A b. Lavatories ...!L Missing c. Water Closets --1L Missing d. Tub/Shower --11li e. Water Heater .-!.!Dk 2. Water Piping Unk . 3. Drain, Waste & Vent --1L ~en sewer pipes in walls 4. Sewer/Septic Tank --I!nk S. Gas System --1!.nk C. Heating & Air Conditioning l. Heating Unk 2. Air Conditioning --1lnk III. PROPERTY CONDITIONS l. Accessory Structures ---1L Storage building (6x1O') 2. Condition of Grounds ---A. 3. Other COMMENTS: Fire was 2-25-94 11.'96 1loY. "daaabkla.rrmldaaaeJwl bulldiDI e . ORDINANCE NO. 97-2157 AN ORDINANCE DECLARING THE BUILDING LOCATED ON TRACT(S) 813 & N. 300' of Lots 698 & 699. ADDITION La Porte Outlots, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Fairmont Assembly of God Church IS THE RECORD OWNER (S) OF SAID PROPERTY; ORDERING THE SAID OWNER (S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER (S); PROVIDING FOR THE REMOVAL OF SAID PREMISES 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 Secti~ns 8-115 through 8-126 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Official or his duly authorized representative, the Fire Chief or his' duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118(aa) of said Sections provide that: Whenever it shall come to the attention of the Board of Inspection 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, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately 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 upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and e It Ordinance No. 97-'1 ~7 , Page 2 WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Tract 813 & N. 300' of Lots 698 & 699: La Porte Outlots. which is further described as 3600 Underwood Rd. 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 fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated December 2. 1996, finding said building to be in fact a dangerous building; WHEREAS, City Council receiyed such report, and ordered notice to the record owner(s) of said property, Fairmont Assembly of God Church, whose address is P. O. Box 1055 - La Porte. Tx 77572-1055, that a hearing as provided in Section 5 of said Ordinance would be held at 604 West 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 indicates that said owner (s) received said notice on "Notice Unclaimed", a date more than ten (10) days before the date set for said hearing; e . Ordinance No. 97-'1 ", , Page 3 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 of Inspection; 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 January 14. 1997 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 and orders of the City Council of the City of La Porte, and its conclusions" 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 of Inspection, 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 to be a nuisance, and orders such building condemned. . . Ordinance No. 97-?157 , Page 4 Section 4. The City Council hereby finds, determines and declares that Fairmont Assembly of God Church, who resides at P. O. Box 1055 - La Porte. Tx 77572-1055, is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Fairmont Assemblv of God Church has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Fairmont Assembly of God Church to entirely remove or tear down such building, and further orders the said Fairmont Assembly of God Church to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, 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 Fairmont Assembly of God Church, by registered mail, return receipt requested. , . Ordinance No. 97- 2157 , Page 5 Section 8. Should the said Fairmont Assembly of God Church not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection 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 to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Fairmont Assembly of God Church, 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 of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, 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, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this . . ..... Ordinance No. 97-2157 , Page 6 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 13th day of Janua~, 19~. CITY OF LA PORTE BY~~~ ./. Mayor - ATTEST: S.~,L-- City Secretary APPRO~D: j7 - , , ! /'/~~U-f;;/~ City Attorney