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HomeMy WebLinkAboutworkshop item #18 for 6/12/06 agenda A REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 06/1212006 Budl!:et Requested By: Richard E. Reff Source of Funds: Department: City Cgundl Account Number: Report: xx Resolution: Ordinance: Amount Budgeted: Letter regarding sex offender publication Amount Requested: Exhibits: Exhibits: Sections of HB 867 Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION The 79th Legislature passed HB 867 which addressed the issue of Sex Offender laws. One of the items the Bill deleted was the requirement to publish low and moderate sex offenders in the newspaper. This option has been left to the community to determine whether they wish to continue publishing all levels of sex offenders as previously required. In addition the requirement for the offender to pay for the cost of publishing the notice has also been struck from the law. Action Required bv Council: To give staff direction as to whether or not they would require all registering sex offenders to be published in the local newspaper. Approved for City Council Al!:enda ~--f.p-lJ& Date La Porte Police Department 915 South 81h Street La Porte. Texas 77571 281-471-3810 Fax: 281-470-1590 06/05/2006 To: From: Debra Feazelle Richard E. Reff Subject: Consideration Regarding Sex Offenders There are two issues that I feel that the City Council needs to be aware of and possibly be brought up in a workshop session. These issues are whether we will publish all registered sex offenders and the possibility of establishing an ordinance creating a 1,000 foot safety zone for children. First, the last legislative session made some changes in the law regarding sex offender registration. One of the issues that were changed was the requirement to post in a newspaper low and moderate risk sex offenders. The change still requires us to publish the high risk offender. I have asked Clark Askins to review this particular issue and he agrees that the requirement to publish low and moderate risk offenders no longer exists. In discussing this with other Chiefs I found that some have not been doing it and others are continuing to publish all sex offenders in their local newspapers. I did talk to the Department of Public Safety and they advise that the intent was to still publish low and moderate offenders but it was to give the option to the city and their community as to what they may want. According to them the major cities are still doing it. Although I agree with Clark Askins that it is not required and in fact completely deleted from the law, I feel that it should be brought to the Councils attention so they can determine what direction they wish to proceed. HB 867 made major changes to the Sex Offender Registration Program and is attached for your consideration. Debra Fae=e/le Cirv Manager Richard E. Reff Chief of Police Aaron Corrales Assistant Chief of Police 79(R) HB 867 - Enrolled version - Bill Text Page 13 of 47 :ommission, a local juvenile probation department, or a juvenile secure pre-adjudication or post-adjudication facility, the commission, vendor, probation department, or facility shall conduct the prerelease notification and registration requirements specified in this article on the date the person is placed under the supervision of the commission, vendor, probation department, or facility. (e) Not later than the eighth day after receiving a registration form under Subsection (b), (c), or (d), the local law enforcement authority shall verify the age of the victim, the basis on which the person is subject to registration under this chapter, and the person's numeric risk level. [TR9 21.a.tR9rit:,' sR211 il+lme~i21;:ill:,' F1J.slisR R9tiQ9 iR ':Rg1is:9. ;;lRg "p:;JRis:9. iR 1;:R9 R9"sp2J?8r Qf :Jriiiat9~t p~iQ ("ir~nlAtiQJ;1 iR tbw ~Q'lRt~T iR ~'rhiC"la thg pgrt:Qn gYQjggt tg r~si~tr2tiQR iRt9Rg~ tQ rg~igg Qr, if th~rg i~ Rg :g1J."~p~PQr 9f pAisa cirC"\a.l~tiQR iR tRAt gQ"Rt~/, ill tl:1~ R~'r'~l?:J.pgr Qf gr9:;;1tgr;at g~R~rAl cir~y.l:tltioR in 'ta.g g9YRt:/, iiXg9pt AS pro'Tridgg l?:/ J,lr1;:igl~ .:J Q:n If tRil ~"t:9.orit~/ ]?":bliiil:9.9s R9tim~ 1J.R~ilr tbi" s"};?g9QtioR, tRii :il"taorit~/ ,,:9.:;111 ]?'1:b1h's a ~'lp1iQAtii RotiQg iR taii R8"sp:Ap9r, "it:9. :;JRY R9gii"g::ar}' cQrr9ctiQR". gUriRg tsg ",98].;: il+lmg~i2tiil}' fg11r;;>,'.iRg tRi' "9gk of iRitb1 pl.ls1iQ:;ItioR] The local law enforcement authority shall [~] immediately provide notice to the superintendent of the public school district and to the administrator of any private primary or secondary school located in the public school district in which the person subject to registration intends to reside by mail to the office of the superintendent or administrator, as appropriate, in accordance with Article 62.054 [.:J QA~]. On receipt of a notice under this subsection, the superintendent shall release the information contained in the notice to appropriate school district personnel, including peace officers and security personnel, principals, nurses, and counselors. (f) [Tag 10C21 12'" iinforggmgRt :il 1.a.tRor it}' sSAll iRgl"~ii ill tse Roti<;;9 S}' pl.lblig:;JtioR iR :1 Re"/OJp2p'ilr tRIil fol19"ing iRform:1tioIl OR1}'" [(l) t:9.8 piir"oR'" fl.l11 R:;Jmli, ::a~8, :ilnQ ~i'Rger; [(2) :4 srigf Q~"griptigR of tRIil 9ff9R&lii for '~igR tSg PQr~QR i~ ~YbjQ~t to rQgi~tr~tigR: [(;a) tRil lRURicip;;llit}', Rumgrig .,trg9t :A.Qgr9S&l or pla?/&lig:;ll :;JggHI"I:l, if :;I R"milrig I:ltr9lilt :ilggr9SS i&l Rot ::;P':Ai1:;lbl~, :ARQ :zip COQ.g R"llWlilr ','sgrg tRil plilr~OR iRt9RQ.S to r'Olh: icllil; [(~) 9it:9.9r:4 rgggRt pRgtogr:A.ps of 1;:R9 p9r&lOn or t:9.9 IRtlilrn9t :;IgQr9SI:l of ::a '~};?~itil OR ~laiCR tRIi pgrSgR'S paotogr:Aps i" :J.Gcil&lgiQ18 frge gf QR::ar~9i :;JRg [(Ii) t:9.il p9rSOR'S R1.a.mgrig rig]r.. 110"91 :iil.""i~RiiQ. 'mggr thi" ~Riptilr ~Rg t:9.9 ~uigQliRg&l Y"iid to ggtgrmiRii :A plilr"oR's ri~k le"lil1 gQRilr:J.11y [~] The local law enforcement authority shall include in the notice to the superintendent of the public school district and to the administrator of any private primary or secondary school located in the public school district any information the authority determines is necessary to protect the public, except: (l) the person's social security number, driver's license number, or telephone number; and (2) any information that would identify the victim of the offense for which the person is subject to registration. 19l [~] Before a person who will be subject to registration under this chapter is due to be released from a penal institution in this state, an official of the penal institution shall inform the person that: ---- ___:+~1 ~h'd'~ tv 1l"II'O"i_hin/tln/vif':wtexf.cmd?LEG=79&SESS=R&CHAMBER=H&BILLTYPE... 1/6/201 79(R) HB 867 - Enrolled version - Bill Text Page 14 of 47 (1) if the person intends to reside in another state and to work or attend school in this state, the person must, not later than the later of the seventh day after the date on which the person begins to work or attend school or the first date the applicable local law enforcement authority by policy allows the person to register or verify registration, register or verify registration with the local law enforcement authority in the municipality or county in which the person intends to work or attend school; (2) if the person intends to reside in this state and to work or attend school in another state and if the other state has a registration requirement for sex offenders, the person must: (A) not later than the 10th day after the date on which the person begins to work or attend school in the other state, register with the law enforcement authority that is identified by the department as the authority designated by that state to receive registration informationi and (B) if the person intends to be employed, carry on a vocation, or be a student at a public or private institution of higher education in the other state and if an authority for campus security exists at the institution, register with that authority not later than the 10th day after the date on which the person begins to work or attend schooli and (3) regardless of the state in which the person intends to reside, if the person intends to be employed, carryon a vocation, or be a student at a public or private institution of higher education in this state, the person must: (A) not later than the later of the seventh day after the date on which the person begins to work or attend school or the first date the applicable authority by policy allows the person to register, register with: (i) the authority for campus security for that institutioni or (ii) except as provided by Article 62.153(e) ['~ Q'~(Q)], if an authority for campus security for that institution does not exist, the local law enforcement authority of: (a) the municipality in which the institution is locatedi or (b) the county in which the institution is located, if the institution is not located in a municipalitYi and (B) not later than the seventh day after the date the person stops working or attending school, notify the appropriate authority for campus security or local law enforcement authority of the termination of the person's status as a worker or student. [(i) If:a pgn,QR '."\ho 11;; s"aj8ct to tl1g ml"'~p:ilp8r p1.lalig:;ltiQn rg~"irgmgRt~ gf $llJ.:b~g('tigR (~) i&: l~.'~t ynaijr C"Qmm"lRit:' g"lPQr.,.ri~iQ:n, p:aro18, or ~:ilR~:atory s1.lpgrTi~ioR. th8 loc:al l:a~ 8Rforcg~gnt :ti"thority ol?t:ainiJ;1g p'll;;-liQ:4tioJ;1 of RoticQ rQ:J:ardiJ;1g tR9 pgrs~m :;l1J rgq1.lirgd };-}' t1:l.t ~'lbIJ8ctioR i'R:all collgct fro~ t];l';l per~oJ;1 iilJ;1 :;lIOlO"nt QIi[":til to tR9 COlJt iRC"rrgd QY tR9 :;l1.lthority in OQt:;liRing t119 p1.lblig:;ltioJ;1 TRe gOlJt of tRe F1.lQliQ:atiQJ;1 of notige IOlUlJt Q8 9r:;t:ti.QliIJRQd a:... "rittgn rgggipt [Art '2 Qil ~I*ITftTIQN~ ON N~W~PAP~R 100.1 1:4" QJ;1fOrC81Ol9J;1t :authority ~AY not pyhlilJh J;1g"'IJF:ilpgr 1.ll"l:;!gr Articlg ,:;1 QA (g) or ,:2 Q~ (f) if tke per~on is ~1.lajegt to rQ:Ji~tr.tioR i~' [(1) :m :;ldj"~Uc:ation of dlillinq1.lQRt CORd1.lcti or [(:2) :a gon"ictioR or :a dgfgrred :4djudic:atioR for :tin pTlln.ICATION notigg iR A the b:4lJis QR ';hich (:a) A . ,. ,,,. '--=---..-... _~TFJT pn=7QA'r~P~~=R&-rHAMBER=H&BILLTYPE... 1/6/20 79(R) HB 867 - Enrolled version - Bill Text Page 15 of 47 :?ff\?R&,Q "R;1gr ~~~tiQR ::Ii Q::1, PQRAl C'9;1Iii, Qr ilR 9ffQbalilQ "R~gr tRIii l;;!,(T~ gf i1Rotb~r r:;:t~tQ, fiil~irr~l 1:J'r.:, Qr tb.g r"RifQrm C'gg" Qf ~~il.it:Ar'y J\a.&1ti.a, tRilt gQRtiliR&1 'iillilmillYlt&1 1il1.l12st:aRtiillly simil:ar t9 tRil QIQmQRts Qf Aba QffQRIilQ 1.lR~liir ~liigtiQlYl ::1i 0::1, PQRAl CQ~g, if tRil ni&1tilOl ',:a1Kl :at tag ti1Ol9 "f tail gffilRSg :it QRil9. :"91.lRJQr tR:aR 1'? Yil:anl Qf :agIO [(:Q) IR A;1;1itiQJX\ t.. tRil pn~RiQitiQR QR ]?"1<ligiltiQR 9&1tAsli&1Ril9. 'm9.ilr ~1.lsli1ggti9R (.),:a 19&1.1 l:a', IiiRfgn;lillRilRt A""lthQrit~,. mA-:/ RQt p"l'};ali~R RQti~~ ill A. R~""~pApgr U.l~:~.gr J4rtiglg .::1 Q~{f) if tRIO pilr&1QR ~1.l:QjQgt tg rilgistrAtioR i&1 :a&1liliJRil9. :a 1~p'm9ri~ ri~k 19''''-gl Qf 9Ja& ] Art. 62.054 [.::1 OA::1]. CIRCUMSTANCES REQUIRING NOTICE TO SUPERINTENDENT OR SCHOOL ADMINISTRATOR. (a) A local law enforcement authority shall provide notice to the superintendent and each administrator under Article 62.053(e) [94 QA (ill] or 62.055(f) [i::1 O~{f)] only if: (1) the victim was at the time of the offense a child younger than 17 years of age or a student enrolled in a public or private secondary school; (2) the person subject to registration is a student enrolled in a public or private secondary school; or (3) the basis on which the person is subject to registration is a conviction, a deferred adjudication, or an adjudication of delinquent conduct for an offense under Section 43.25 or 43.26, Penal Code, or an offense under the laws of another state, federal law, or the Uniform Code of Military Justice that contains elements substantially similar to the elements of an offense under either of those sections. (b) A local law enforcement authority, may not provide notice to the superintendent or any administrator under Article 62.053(e) [9::1 QA (ii)] or 62.055 (f) [i2 O~ (f)] if the basis on which the person is subject to registration is a conviction, a deferred adjudication, or an adjudication of delinquent conduct for an offense under Section 25.02, Penal Code, or an offense under the laws of another state, federal law, or the Uniform Code of Military Justice that contains elements substantially similar to the elements of an offense under that section. [.l1 rt .:2 Q A Ii RIlj'K 1\ .lj':l(lj'lj'Ni'NT R:l("I:l(\I? 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TaQ riiJk :;lQr;:iliJ!;:lR9Rt r9"iil" committ'iilQ f1.lRGtiQRO 1R :AR oHgrl;:iglat: g:;!p:agit:,' T};;[Q &1QlRlOlittlil'i !;:laAll' [(l) ggnglop or !;:olgct fn?lR :alR9RJ iixiQtiRJ toolc :a SQX off'iiRggr r;:grg9RiRJ t901 to bii UQQd ill d9\;:grmi:nill:J tlag 19"91 of ri&:k of ; pOrgOR ~YQjOgt to rilgiiJtr:atioR URger thiiJ Gla:;lptgri [(~) 9RQ1.lrg tg:at Olt:aff :;!r9 tr:;liRil9 OR tla9 YOil of tlag !;:griliiRiR:J tQOli [(A) mORitor tla9 ".!;:g gf ta9 r;:cr9QniRg tool iR thg 1;:\;::;1\;:9; :;IR9. .-- ~ - --,., ..-.~nr1 n OJ'TT A ~,rDY:;D-U.{>,RTT T TVPP. 1/fi1201 ~ J B " REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 06/12/2006 Budl!:et Requested By: Richard R Reff Source of Funds: Department: City Cqundl Account Number: Report: x Resolution: Ordinance: Amount Budgeted: Propsoed Ordinance Amount Requested: Exhibits: Exhibits: Sample ordinances Budgeted Item: YES NO Exhibits BllckgrQund inwrmlltiQn SUMMARY & RECOMMENDATION The State of Texas under the Code of Criminal Procedure Article 62 established a Sex Offender Registration Program which governs the requirements of the sex offender and agencies responsible for registration. In order to create a safety zone for children the Code of Criminal Procedure in Article 42.12(13B) allowed for the creation of a 1,000 foot safety zone where children would commonly gather as a condition of probation or parole. Due to concern for recidivism of sex offenders there is a great deal of concern regarding the protection of La Porte's children from certain sex offenders, specifically those who have been convicted for offenses against children. A number of cities in Texas and other states have adopted ordinances that create the safety zone of 1,000 feet around areas where children commonly gather to protect the children of their respective communities. This workshop is to receive direction from the City Council as to whether it desires to establish a 1,000 foot safety zone area the areas in La Porte where our children commonly gather. This would be accomplished by not allowing a sex offender of a child who was less than sixteen (16) at the time of the offense to live within a 1,000 of areas where children commonly gather. Action Required bv Council: Receive direction as to whether or not to draft an ordinance establishing a 1,000 foot safety zone for children. Approved for City Council Al!:enda If-&; -Oh Date La Porte Police Department 915 South 8th Street La Porte, Texas 77571 281-471-3810 Fax: 281-470-1590 11 06/04/2006 To: Thru: From: City Council Debra Faezelle Richard Reff Subject: Proposed Ordinance for Consideration for Workshop on Sex Offender Safety Zones. Purpose of Ordinance: . Making it unlawful for certain sex offenders to reisde within 1,000 feet of premises where children gather. . Providing exceptions . Prohibiting property owner from renting real property to certain sec offenders . Providing for a penalty Whereas: . The City of La Porte, Texas, (herein the "City"), being a home-rule city having authority to utilize police power regulation for the health, safety and general welfare of the citizens of the City: and, . The City Council is deeply concerned about the numerous and recent occurrences in our state and elsewhere, whereby sex offenders convicted of sexual offenses involving children who have been release from custody and repeat the unlawful acts for which they had been originally convicted; and, . The City Council finds from the evidence of the recidivism rate for released sex offenders is alarmingly high, especially for those who commit their crimes against children; and, . The City is an attractive place for families with young children; and, . The City Council find that establishing a policy to restrict the property available fro residence of sex offenders will provide better protection for children gathering in the City: and, . Article 42. 12(13B) of the Texas Code of Criminal Procedure, provides a 1,000 foot safety zone for children, as a condition of probation for those convicted of certain sexual offenses; and Debra Fae=elle Cify;'vfanager Richard E. Reff Chief of Police Aaron Corrales Assisfalll Chief of Police · The laws of the State of Texas, including those found in Chapter 51 of the Texas Local Government Code, and the City charter provide the City authority to adopt ordinance for the good government, peace, order, and welfare of the municipality Elements of Ordinance: . Finding and Intent o The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Further, the City Council finds that sex offenders that use physical violence and who are convicted of preying on children are sexual predators who present a extreme threat to the health, safety and welfare of children. Sex offenders are likely to use physical violence, to repeat an offense, have many more victims than are ever reported, are prosecuted for only a fraction of their actual sexual offenses, and children not only lack the ability to protect themselves but additional measures should be taken to keep known sex offenders from having access to children in areas where children generally feel safe. o It is the intent of this ordinance to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated number wherein certain registered sex offenders and sexual predators are prohibited from establishing temporary or permanent residency. . Definitions o Permanent residence means a place where the person abides, lodges, or resides for 14 or more consecutive days. o Temporary residence means a place where the person abides, lodges or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, resides or lodges for a period of 4 or more consecutive or nonconsecutive day s in any month and which is not the person's permanent residence. · Sex Offender Residency Prohibition; Penalty; and Exceptions o If a person is required to register on the Department of Public Safety's Sex Offender Database because of a violation involving a victim who was less than sixteen (16) years of age, it is unlawful for that person to establish a permanent residence or temporary residence within 1,000 feet of any premise where children commonly gather, including a playground, school, day care facility, video arcade facility, public or private youth center, or public swimming pool, as those terms are defined in Article 481.134 of the Health and Safety Code of the State of Texas. It shall be prima facie evidence that this chapter applies to such a person if the person's record appears on the Databases and the Database indicates that the victim was less than six teen (16) years of age. 9 o For the purpose of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described heron, or in the case of multiple residences an one property, measuring from the nearest wall of the building or structure occupied or the parking/driveway, which ever is closer to the nearest property line of the premises where children commonly gather, as described herein. A map generally depicting the the prohibited areads is attached to this ordinance for representation purposes. The city shall review the map at least annually for changes, and it will be available at the La Porte Police Department. o Penalty. Any person violating a provision of this chapter shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine in accordance with the general penalty section of the Code of Ordinances. o Exceptions. Nothing in this ordinance shall be interpreted to modify or reduce the State's child safety ban. A person, as described in subsection (a), residing within 1,000 feet of those places where children commonly gather does not commit a violation of this chapter if any of the following apply: . The person established the permanent or temporary residence and has complied with all the sex offender registration laws of the State of Texas, prior to the date of the adoption of this ordinance. . The person was a minor when he/she committed the offense and was not convicted as an adult. · The person is a minor. . The premises where children commonly gather, as specified herein, within 1,000 feet of the person's permanent or temporary residence was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the State of Texas. . The person proves that the information on the Database is incorrect and that, if corrected, this chapter would not apply to the person. . Property Owners Prohibited from Renting Real Property to Sex Offenders; Penalty. o It is unlawful to let or rent any place, structure or part thereof, manufactured home, trailer, or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to the terms of this chapter, if such place, structure or part thereof, manufactured home, trailer, or other conveyance is located within 1,000 feet, as defined in this ordinance, of any premises where children commonly gather, including a playground, school, day care facility, video arcade facility, public or private youth center, or public swimming pool, as those terms are defined in Article 481.134 of the Health and Safety Code of the State of Texas. o Penalty. Any person, firm or corporation violating a provision of this chapter shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine in accordance with the general penalty section of the Code of Ordinances. . Severability. o Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reason thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portion or portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. La Porte Police Department 915 South 8th Street La Porte, Texas 77571 281-471-3810 Fax: 281-470-1590 DRAFT 05/17/2006 Subject: D~bra Feazelle /J d Richard E. Reff ~#f Considerations Regarding Sex Offenders To: From: There are two issues that I feel that the City Council needs to be aware of and possibly be brought up in a workshop session. These issues are whether we will publish all registered sex offenders and the possibility of establishing an ordinance creating a 1,000 foot safety zone for children. First, the last legislative session made some changes in the law regarding sex offender registration. One of the issues that were changed was the requirement to post in a newspaper low and moderate risk sex offenders. The change still requires us to publish the high risk offender. I have asked Clark Askins to review this particular issue and he agrees that the requirement to publish low and moderate risk offenders no longer exists. In discussing this with other Chiefs 1 found that some have not been doing it and others are continuing to publish all sex offenders in their local newspapers. I did talk to the Department of Public Safety and they advise that the intent was to still publish low and moderate offenders but it was togive the option to the city and their community as to what they may want. According to them the major cities are still doing it. Although I agree with Clark Askins that it is not required and in fact completely deleted from the law, 1 feel that it should be brought to the Councils attention so they can determine what direction they wish to proceed. HB 867 made major changes to the Sex Offender Registration Program and is attached for your consideration. Second is the issue of the 1000 foot safety zone ordinance to prevent sex offenders of children from living within 1,000 feet of a place where children commonly gather and play. The City Council of Brazoria passed an Ordinance 05-008 on August 15, 2005 establishing a 1,000 foot 'safety zone' for areas in which children may gather within their City. The premise authorizing the creation of the Ordinance is based on the Texas Code of Criminal Procedure Article 42.12 (13b) which provides for a 1,000 foot safety zone for children, as a condition of probation for those convicted of certain sexual offenses (I added the bold face as it has a factor to play in deciding whether or not this City will adopt a similar ordinance). In addition the ordinance refers to Chapter 51 of the Local Government Code that provides the City authority to adopt ordinances for the good government, peace, order and welfare of the municipality. My initial concern was that under the Texas Code of Criminal Procedure (CCP) the authority to establish a 1,000 foot safety zone was invested in the presiding Judge as a term of punishment Debra Fae=elle City Manager Richard E. Reff Chief of Police Aaron Corrales Assistant Chief of Police and or condition of probation or parole. This term of condition is set by the court in rendering judgment during the punishment phase after the person has been found guilty of the offense. Once that person has met or completed the terms of his probation or paroles those penalties or conditions are no longer valid. The only factor that remains forever with the offender is the requirement that he must register with his local Police Department as a Sex Offender. In some cases the CCP has provisions in which the Judge can set aside the 1,000 safety zone in his initial findings or upon hearing an appeal lift the restriction. It appears that the 1,000 foot safety zone is a JUDICAL requirement established by a Judge in his fmdings and is limited by the terms of the punishment rendered by the court. In checking around I was advised that when the ASHLEY Bill was originally introduced that this condition was initially submitted that a sex offender cannot live or be within a 1,000 feet of an area where children gather or play. According to the information I was given, the Senate's legal advisors apparently looked at the restriction as if applied to a person who was discharged from probation or parole. They did feel that applying those restrictions on those discharged would not withstand constitutional challenge. The legislature did feel that a 100 foot restriction would withstand constitutional scrutiny. I have asked for various opinions from through the Child Assessment Center and to date have not gotten anything back, other than some research information on recidivism of sex offenders. I am including some of these articles for your consideration and you will find argument that sex offenders (low and medium risk offenders) are low and in the same article see that the figure may not be accurate as not all offenses are reported. I asked Senator Mike Jackson for some help in perhaps locating these attorneys that gave legal advice to the Senate on the Ashley Bill. Senator Jackson was unaware that some of our Texas cities have passed such an ordinance and was also concerned about the constitutionality of such an ordinance. His office did contact me and they advised that in talking to the legal staff they were also unaware that such an ordinance has been passed by Texas cities. They recommended caution in adopting the ordinance at this time and that it would be prudent to take a wait and see attitude on what happens next. In addition there will be stronger bills submitted to the Legislature regarding sex offenders in the future. I have also been made aware of a suit file by the ACLU against Taylor Falls, Minnesota for this particular issue and according to the press ACLU intends to file suits against any other entity having the same ordinance or law. The basis of their suit is the constitutionality of the ordinance. Several of my officers have advised me recently that on the radio they have heard attorneys asking for anyone who has been fmancially affected by the 1,000 foot safety zone ordinances to contact them. It appears that there is an organized group looking for cases to challenge the constitutionality of this type of ordinance. In looking at the ordinance I have obtained a copy of Brazoria's Ordinance and now Alvin. They are basically the same and rely on the same justification. In their ordinances they do provide certain exceptions which are the same: this will greatly reduce the area in which a person who will be expected to comply with the ordinance. I will get with Clark Askins and draft a similar ordinance for consideration if the Council elects to bring this issue into a work shop in June. Attached: . GIS map of 1,000 foot safety zones in La Porte . Copies of ordinances from other cities . Articles about sex offender restrictions in the state . Articles about sex offender restrictions out of state . ACLU position · Articles discussing recidivism of sex offenders . House Bill 867 of the 79th Texas Legislature Submitted for your consideration. Exceptions: A person residing within 1000 feet of those places where children commonly gather, as specified herein does not commit a violation of this ordinance if any of the following apply: 1. The person established the permanent or temporary residence and has complied with all the sex offender registration laws of the State of Texas, prior to the date of the adoption of this ordinance. 2. The person was a minor when he/she committed the offinse and was not convicted as an adult. 3. The person is a minor. 4. The premise where children commonly gather, as specified herein, within 1,000 feet of the person's permanent or temporary residence was opened after the person established the permanent or temporary residence and complied with all sex offinder registration laws of the State of Texas 5. (Alvin's addition) The person proves that the information on the Database in incorrect and that, if corrected, this chapter would not apply to the person. The exceptions provided by in both of the ordinances seem to address some issues regarding certain sex offenders who may have been convicted prior to the ordinance adoption, and if convicted as a minor. Under the Texas Family Code a child is defined as being less than 18 years of age and the parents are required to support the Child. Under the Texas Penal Code a child is less than 17 years of age and can be prosecuted as an adult at 15. Juveniles who are convicted and are required to register for 10 years after the discharge from supervision. A limitation on Sexual Assault and Indecency with a Child is 10 years past the victim's 18th birthday if the offender committed the offense before his 17th birthday. We have recently presented a case before the District Attorney in which a 25 year old committed an offence when he was 16 years of age. The point being is that there are a number of factors to consider when applying the exceptions. Consider the issue of an individual who was convicted of a sexual offense at the age of 16 and who is now 20 and is relocating to this city. This person would of course have to register and based on the exceptions he can live within the 1,000 foot safety zone. What happens if this same person was classified as a high risk level based on the nature of the offense and the probability of reoccurrence? In this particular case that person upon registering would be published in the paper as a high risk but would still not be in violation of the Brazoria and Alvin ordinances. One of the issues that keeps coming up, and would have to be addressed when presenting this ordinance in an open meeting, would be the circumstances of the sex offender who has to register but is considered a low or medium risk. As an example, a 17 year old boy attends a party and for one reason or another goes off with a young lady he truly believes is of age and they have mutual consenting sex. After the parents fmd out and complain the boy finds that the young lady is only 15 and now he is faced with being charged and subsequently convicted as a sex offender and will be required to register as a sex offender for at least 10 years after being discharged of his probation. This situation is often classified as a low risk offender and this type of scenario is probably a reason for the requirement of publishing low and medium sex offender has been struck from the law. In this same scenario, the offender was convicted as an adult and cannot live within 1,000 feet of a area where child gather or play, but under the Family Code his parents have to provide for him until he is at least 18! He will be in violation; will he be required to move? Another scenario to consider: What if a person from another part of the state relocates his business to La Porte to be closer to the port and his business will employ a number of our citizens. The business is established and the person decides to move to La Porte and buys a $200,000 home. He then comes to the Police Department to register as a sex offender of a child of 15 years of age and has been assessed as a low risk violator. When he registers it is determined that the residence is 250 inside a 1,000 foot safety zone, what do we tell him? Another part of the ordinance is a section that both Brazoria and Alvin adopted that addresses the prohibition of property owners from let or rent any place or structure to a person with the knowledge that it will be used as a temporary or permanent residence by a person prohibited from residing within 1,000 feet from where children gather or play. Under the CCP Chapter 62 Sex Offender Registration Program Section 62.056( e): An owner, builder, seller, or lessor of a single-family residential real property or any improvement to residential real property or that person's broker, salesperson, or other agent or representative in a residential real estate transaction does not have a duty to make a disclosure to a prospective buyer or If!ssee about registrants under this chapter. To the extent of any conflict between this subsection and another law imposing a duty to disclose information about registered sex offinders, this subsection controls. This particular section protects a real estate broker or lessor from the necessity of telling a purchaser of any sex offender registrants. In the Brazoria and Alvin ordinances they are holding the land owner, lessor liable under penalty for leasing, renting or selling temporary or permanent residence to a sex offender if that property is within the 1,000 foot rule. This will require a lessor or land owner to determine if a person or a member of the person's family is a sex offender of a child before they can close any deal, or they could be fmed if it is determined that the individual is a adult sex offender of a child. This ordinance is becoming very popular and a number of other cities are considering adopting it. I suspect that it will be a major discussion issue with our citizens when brought before council in a workshop I just want to make sure that we have our eyes open it we choose to take this path. GIS has plotted the 1,000 foot safety zone around all of the areas within the City of La Porte that would establish where a child sex offender may be able to live. This is also attached for your review and you will see that the area available is more limited than imagined. What would the effect be for those who live outside the safety zones when they learn that these particular offenders can only live in their neighborhoods? In drafting this document I realized that in creating the 1,000 foot safety zone I did not consider the school bus stops for GIS to plot. I will endeavor to obtain a location for the school bus stops to add to the current map. I suspect that [ 1- / \(\r ..~ "~~ I r , x~\. ..... J:i); . <'itt;.~' ....~ , N - A r" jJ~ P'''~:I1r Jr. ".. J~~ Z);.X. L~ .' + Ii', I- f" C; lcJ I, */:d J?l' J ~ ~~!;;; \;~. "" E\, fI;R/" - '""'- ... ~ ~,~ OW J \~ '-~'\:> it" -~ l~, W I!l II - ~~ ..w I Of.L ~~h' .i. I " '-I. ...>.... S " ~ J- I IT " ..L [''''" "i,' r'J! r ~ i' ~ m-= '\" " Ii, \ _ lL ~ 1'1 ~ " = B t M If ~ T ~ T-[ ,::=jj' lillll [ ill I 1 f- ~ ..J jl rJ l r~~ ,': , / '/ II (( \' -.--.-.-.-I .. :'.. .... .. ... >i', , '-', .', '.: " r ~ \ ';J~i'\::' i' . ..... ~ .: :! . ", ' ',' . :'.' " '. '., '..: ,.,,,,. ",::c' , ;,'" '. ,"'" ," ".' , ' ,:.c , I. ., i',,:' ,..' 'I : ':., :,'. . '!'. : ,,'. . ,',' . .... . il': ' , "., I ',d,.. ::. ;' ( . .' j' i " "" 'C,.' : . I I . : _.: F Jr( ~I \\] \ >> I IJ!! ~a"- ?/ 1 ,L- "(, ;~,! 7tr If ' \~1~ .r~ 'v---"~~~ I \ ~'\\? 1\ 1 \,~'I~'\ Il.egend CJ CityLimits A es 15 or Younger ted by Youths g \',',:1 Areas Frequen "1000'Buffer /xv ~ L!: ' q LJ "- ~ I ~! I -:i I _ f -FI - 1-= ~I ~\ ~~'\' --, \ f- j ,.,... h ~ ,..-/ -'" II ~ ~/~~: DO ~I 1..)) II I ~~ o I .--../ - ~\v \, /~"r \,~ \\,4 '\ / \ ~' \\ ..7 \ . /P0~ \ r J .... '~\\ ..... ~'~\~ r~~l \ .~, I lL \/~\ ;u.' - Of 4 ,.. - u -I I 4 01' "'" m ~ 71lU<. ~' PLANNING DEPA~~MENT Wayne J. Sa GIS Division Brian Sterling Isaac Rodriguez _ VI .c ol-I :J ~ ~I~ UJ \J L.: LL. Q)Q) ol-ICJ'l LL. C:c: Q) :J :J :J g~ 1"1"\ ~ ~ L.L.I u.. 0 VlLn - ~.-l o ~ VI O <l: Q) - CJ'l o <l: <l: T'-i I ~ e <l: I1II - f1. CHY&" Drawn By: I ~ac Rodriguez 1- 5/08/'::.1 - COPIES OF SEXUAL OFFENDER ORDINANCES ORDINANCE NO. 06-M AN ORDINANCE OF THE CITY OF ALVIN, TEXAS MAKING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN 1,000 FEET OF PREMISES WHERE CIDLDREN GATHER; PROVIDING EXCEPTIONS; PROHIBITING PROPERTY OWNERS FROM RENTING REAL PROPERTY TO CERTAIN SEX OFFENDERS; PROVIDING FOR A PENALTY; PROVIDING FINDINGS OF FACT AND OTHER MATTERS RELATED THERETO. WHEREAS, the City of Alvin, Texas, (herein the "City"), being a home-rule city having authority to utilize police power regulation for the health, safety and general welfare of the citizens of the City; and, WHEREAS, the City Council is deeply concerned about the numerous and recent occurrences in our state and elsewhere, whereby sex offenders convicted of sexual offenses involving children, who have been released from custody and repeat the unlawful acts for which they had been originally convicted; and, WHEREAS, the City Council finds from the evidence the recidivism rate for released sex offenders is alarmingly high, especially for those who commit their crimes against children; and, WHEREAS, the City is becoming an increasingly attractive place for families with young children; and, WHEREAS, the City Council finds that establishing a policy to restrict the property available for residence of sex offenders will provide better protection for children gathering in the City; and WHEREAS, Article 42.12(13B) ofthe Texas Code of Criminal Procedure, provides a 1,000 foot safety zone for children, as a condition of probation for those convicted of certain sexual offenses; and WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the Texas Local Government Code, and the City Charter provide the City authority to adopt ordinances for the good government, peace, order, and welfare of the municipality; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALVIN, TEXAS: Section 1. That the Code of Ordinances, City of Alvin, Texas is hereby amended by adding a chapter, to be numbered Chapter 30'i'Z, Regulation of Sex Offender Residency, which said chapter reads as follows: "CHAPTER 30 Y2, REGULATION OF SEX OFFENDER RESIDENCY Sec. 30 Y2 -1. Finding and Intent. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Further, the City Council finds that sex offenders that use physical violence and who are convicted of preying on children are sexual predators who present an extreme threat to the health, safety and welfare of children. Sex offenders are likely to use physical violence, to repeat an offense, have many more victims than are ever reported, are prosecuted for only a fraction of their actual sexual offenses, and children not only lack the ability to protect themselves but additional measures should be taken to keep known sex offenders from having access to children in areas where children generally feel safe. It is the intent of this ordinance to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain registered sex offenders and sexual predators are prohibited from establishing temporary or permanent residency. See. 30 Y2 -2. Definitions. The following words, terms, and phrases; when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning; "Permanent residence" means a place where the person abides, lodges or resides for 14 or more consecutive days. "Temporary residence" means a place where the person abides, lodges or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, resides or lodges for a period of 4 or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence. Sec. 30 Y2 -3. Sex Offender Residency Prohibition; Penalty; and Exceptions. (a) If a person is required to register on the Department of Public Safety's Sex Offender Database because of a violation involving a victim who was less than sixteen (16) years of age, it is unlawful for that person to establish a permanent residence or temporary residence within 1,000 feet of any premise where children commonly gather, including a playground, school, day care facility, video arcade facility, public or private youth center, or public swimming pool, as those terms are defmed in Article 481.134 of the Health and Safety Code of the State of Texas. It shall be prima facie evidence that this chapter applies to such a person if the person's record appears on the Database and the Database indicates that the victim was less than sixteen (16) years of age. Ord. 06-M Page 2 of 4 (b) For the purpose of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described herein, or in the case of multiple residences on one property, measuring from the nearest wall of the building or structure occupied or the parking/driveway, which ever is closer to the nearest property line of the premises where children commonly gather, as described herein. A map generally depicting the prohibited areas is attached to this ordinance for representation purposes. The city shall review the map at least annually for changes, and it will be available at the Alvin Police Department. (c) Penalty. Any person violating a provision of this chapter shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine in accordance with the general penalty section 1-5 of the Code of Ordinances. (d) Exceptions. Nothing in this ordinance shall be interpreted to modify or reduce the State's child safety ban. A person, as described in subsection (a), residing within 1,000 feet of those places where children commonly gather does not commit a violation of this chapter if any of the following apply: (1) The person established the permanent or temporary residence and has complied with all the sex offender registration laws of the State of Texas, prior to the date of the adoption of this ordinance. (2) The person was a minor when he/she committed the offense and was not convicted as an adult. (3) The person is a minor. (4) The premises where children commonly gather, as specified herein, within 1,000 feet of the person's permanent or temporary residence was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the State of Texas. (5) The person proves that the information on the Database is incorrect and that, if corrected, this chapter would not apply to the person. Sec. 30~ -4. Property Owners Prohibited from Renting Real Property to Sex Offenders; Penalty. (a) It is unlawful to let or rent any place, structure or part thereof, manufactured home, trailer, or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to the terms of this chapter, if such place, structure or part thereof, manufactured home, trailer, or other conveyance is located within 1,000 feet, as defmed in Section 30~ -3(b), of any premises where children commonly gather, including a playground, school, day care facility, video arcade facility, public or private youth center, or public swimming pool, as those Ord. 06-M Page 3 of 4 terms are defmed in Article 481.134 of the Health and Safety Code of the State of Texas. (b) Penalty. Any person, firm or corporation violating a provision of this chapter shall be guilty of a misdemeanor, and upon conviction shall be subject to a fme in accordance with the general penalty section 1-5 of the Code of Ordinances." Section 2. Severability. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portion or portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 3. Publication. The City Clerk of the City of Alvin is hereby directed to publish this ordinance, or its caption and penalty clause, in the official City newspaper as required by the Charter ofthe City of Alvin, Texas. Section 4. Effective Date. This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of Chapt. 52, Tex. Loc. Gov't. Code and the City of Alvin Charter. Section 5. Open Meetings. It is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapt. 551, Tex. Gov't. Code. PASSED AND APPROVED on first reading on the _ day of 2006. PASSED AND APPROVED on second reading on the _ day of 2006. ATTEST: CITY OF ALVIN, TEXAS: By: Thomas W. Peebles, City Clerk By: Andy Reyes, Mayor Ord. 06-M Page 4 of 4 ORDINANCE NO. 06-1810 AN ORDINANCE OF THE CITY OF LAKE JACKSON, TEXAS, ESTABLISHING CHAPTER 77 OF THE CODE OF ORDINANCES ENTITLED SEXUAL OFFENDERS; DEFINING CERTAIN TERMS; MAKING IT UNLAWFUL FOR CERTAIN SEXUAL OFFENDERS TO RESIDE WITHIN 1000 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING EXCEPTIONS TO THE ORDINANCE; PROHIBITING PROPERTY OWNERS FROM RENTING REAL PROPERTY TO CERTAIN SEXUAL OFFENDERS; PROVIDING PENALTIES FOR VIOLATIONS OF THE ORDINANCE; REPEALING ORDINANCES OR PART OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT AND BE IN FORCE FIVE DAYS AFTER THE DESCRIPTIVE CAPTION IS PUBLISHED WITHIN TEN DAYS OF FINAL PASSAGE IN THE BRAZOSPORT FACTS. WHEREAS, the City of Lake Jackson Texas, being a home rule city having authority to utilize police power regulation for the health, safety, and general welfare of the citizens of the city; and, WHEREAS, the City Council of the City of Lake Jackson, Texas is deeply concerned about the numerous and recent occurrences in our state and elsewhere, whereby convicted sex offenders who have been released from custody repeat the unlawful acts for which they had been originally convicted; and WHEREAS, the City Council of the City of Lake Jackson, Texas, finds from the evidence the recidivism rate for released sex offenders is alarmingly high, especially for those who commit their crimes on children; and WHEREAS, the City is becoming an increasingly attractive place for younger families with small children; and WHEREAS, the City Council finds that establishing a policy to restrict the property available for residence of sex offenders will provide better protection for children gathering in the City; and WHEREAS, Article 42.12(138) of the Texas Code of Criminal Procedure, provides a 1000 foot safety zone for children, as a condition of probation for those convicted of certain sexual offenses; and WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the Texas Local Government Code provide the City authority to adopt ordinances for the good government, peace order and welfare of the municipality; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKE JACKSON, TEXAS: SECTION 1: That Chapter 77 of the Code of Ordinances is hereby established to read as follows: Chapter 77: Sexual Offenders Sec. 77-1 Findings and Intent Repeat sexual offenders, sexual offenders that use physical violence and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. It is the intent of this ordinance to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residences. Sec. 77-2 Definitions The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: "Permanent residence" means a place where the sexual offender abides, lodges or resides for 14 or more consecutive days. 'Temporary residence" means a place where the sexual offender abides, lodges or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, resides or lodges for a period of 4 or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence. Sec. 77-3 Sexual Offenders Residence Prohibition; Penalties; Exceptions a) If a person is required to register on the Department of Public Safety's Sex Offender Database because of a violation involving a victim who was less than sixteen (16) years of age, it is unlawful for the person to establish a permanent residence or temporary residence within 1000 feet of any premises where children commonly gather, including but not limited to, a school, day care facility, playground, public or private youth center, public swimming pool, video arcade facility, or children's oriented eating establishments, as those terms are defined in Article 481.134 of the Health and Safety Code of the State of Texas. It shall be prima facie evidence that this chapter applies to such a person if the person's record appears on the Database and the Database indicates that the victim was less than sixteen (16) years of age. b) For the purpose of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described herein. c) A sexual offender described in Section 77-3(a), above, shall on each October 30th and 31st between the hours of 4 pm and 11 pm display a sign with at least 2 inch lettering on all accessible exterior doors of his or her residence stating "Sexual Predator Residence" and leave an exterior light on so that the sign is visible. d) Penalties. Any person, firm or corporation who violates this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed FIVE HUNDRED AND NO/100'S DOLLARS ($500.00). e) Exceptions. A person residing within 1000 feet of those places where children commonly gather, as specified herein does not commit a violation of this ordinance if any of the following apply: (1) The person established the permanent or temporary residence and has complied with all the sex offender registration laws of the State of Texas, prior to the date of the adoption of this ordinance. (2) The person was a minor when he/she committed the offense and was not convicted as an adult. (3) The person is a minor. (4) The premises where children commonly gather, as specified herein, within 1000 feet of the person's permanent or temporary residence was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the State of Texas. Sec. 77-4: Property Owners Prohibited from Renting Real Property to Sexual Offenders; Penalties a) It is unlawful to let or rent any place, structure or part thereof, manufactured home, trailer, or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to the terms of this ordinance, if such place, structure or part thereof, manufactured home, trailer, or other conveyance,. is located within 1000 feet of any premises where children commonly gather, including but not limited to, a school, daycare facility, playground, public or private youth center, public swimming pool, video arcade facility, or children's oriented eating establishment, as those terms are defined in Article 481.134 of the Health and Safety Code of the State of Texas. b) Penalties. Any person, firm or corporation who violates this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed FIVE HUNDRED AND NO/100'S DOLLARS ($500.00). SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. SECTION 3: If any part or portion of this ordinance shall be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of this ordinance. SECTION 4: Any person, firm, corporation, association or other entity that violates this ordinance shall be subject to a fine of not more than $500.00 for each violation. SECTION 5: The City Secretary shall publish the caption of this ordinance within ten days of final passage in the official newspaper of the City. This ordinance shall take effect and be in full force five days after publication in accordance with Section 3-15 of the Charter of the City of Lake Jackson. PASSED AND APPROVED on the first reading this ,2006. day of PASSED AND ADOPTED on this second and final reading the ,2006. day of SHANE PIRTLE, MAYOR CITY OF LAKE JACKSON ATTEST: ALICE RODGERS CITY SECRETARY OS/22/2005 09:45 9797982018 CITY OF BRAZORIA PAGE 01 ORDINANCE NO. 05~008 AN ORJ)lNANCE OF THE CITY OF BRAZORIA, TEXAS, DEFINING CERTAIN TERl\IS; MAKING IT UNLAWFUL FORCERTAIN SEXUAL OFFENDERS TO RESIDE WITJiIN 1000 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING EXCEPTIONS TO THE ORDINANCE; PROIIIBITING PROPERTY OWNERS FROM RENTING REAL PROPERTY TO CERTAIN SEXUAL OFFENDERS; PROVIDING PENALTIES FoR VIOLATIONS OF THE ORDINANCE; REPEALING ORDINANCES OR PART OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND FINDING FACT. WHEREAS, the Mayor and City Council of the City of Brazoria, Texas, are deeply concel;11ed about the numerous and recent occurrences in our state and elsewhere, whereby convicted sex. offenders who have been released :from custody repeat the. unlawful acts for which they had been. originally convicted; and WHEREAS, the Mayor and City Council ofthe City of Brazoria, Texas, find D..om the evidence the recidivism rate for released sex offenders is alarmingly high, especially for tbose who commit their crimes on children; and WHEREAS, the City is becoming an increasingly attractive place for younger families with small children; and WHEREAS, the Mayor and City Council of the City '0 f Brazoria, Texas desire to establish a policy which provides maximum protection of the lives and persons of the City of Brazoria; and WHEREAS, Article 42.l2(13B) of the Texas Code of Criminal Procedure, provides a 1000 foot safety zone fur children. as a condition-of probation for those convicted of certain sexual offenses; and . WHEREAS, the laws of the State ofTexas~ including those found in Chapter 51 of the Texas Local Goverlllnent Code provide the City authority to adopt ordinances for the good govenunent, peace order and welfare of the municipality; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OJ? THE CITY OF BRAZORIA, TEXAS: Section One (1): Findings and Intent That repeat se:rual offenders, sexual offenders that use physical violence and sexual offenders who prey on children are sexual predators who present an extreme tbxeat to the public safety. Sex:ual offenders are ex.tremely likely to "USe physical violence and to r~p~at their offenses and most sexual '0 ffenders commit many offences, have many more Vlct1:O.1S than are ever reported, and are prosecuted for only a fraction of their crimes. 06/22/2005 09:45 97'37982018 CITY OF BRAZORIA PAGE 02 .... This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. It is the intent of this ordinance to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in coJ.'!.centrated numbers wherein celtain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residences. Section Two (2): Definitions The following words, terms, and phrases, when l,lSed in this section, shall have the . meanings asCribed to them in this section, except where the context clearly indicates a different meaning: ''Permanent residence" means a place where tho person abides, lodges or resides for 14 or more consecutive days. "1' ernporary residence" means a place where the person abides, lodges or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, resides or lodges for a period of 4 or more consecutiv-e or nonconsecutive days in any month and which is not the person's permanent residence. Section Three (3): Sexual Offenders Residence Prolubition; Penalties; Exceptions (a) It. is unlawful for any person who has been convicted of a violation of Article 43.25 Penal Code, Article 43.26 Penal Code, Article 21.08 Penal Code, Article 21.11 Penal Code, Article 22.011 Penal Codes, Article 22.021 Penal Code and Article 25.02 Penal Code, regardless ofwhethcr the adjudication was deferred, in which the victim of the offence was less than sixteen (16) years of age, to establish a permanent residence or temponuy residence within 1000 feet of allY premises where children commonly gather, including but not l.i.mited to,.a school. day care facility, playground., public or private youth center, public switnnring poo~ or vide<> arcade facility, as those tenus are defined in Article 481.134 0 f the Health and Safety Code ofthe State of Texas. (b) For the purpose of determinip.g the minimum d'istance separatio~ the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather. as descn"bed herein. (c) Penalties. Any person, finn or corporation who violates this ordinance shallbe guilty 0 f a misdemeanor. and upon conviction thereof shall b punished by a fine: not to exceed FIVE HUNDRED AND NO/lOO'S DOLLARS ($500.00). OS/22/2005 09:45 9797982018 CITY OF BRAZORIA PAGE 03 (d) Exceptions. A person residing within 1000 feet of those places where children commonly gather, as specified herein does not commit a violation oHbis ordinance if any of the following apply: . (1) The person established the permanent or temporary residence and has complied with all the sex offender registration laws of the State of Texas, prior to the date ofthe adoption oftbis ordinance. (2) The person was a minoX' when helshe committed the offense and was not convicted as an adult. . (3) The person is a minor. (4) The premises where children commonly gather, as specified herein, within 1000 feet of the person's permanent or temporary residence was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the State of Texas. Section Four (4): Property Owners Prohibited from Renting Real Property to Sexual Offenders; Penalties (a) It is unlawful to let or rent any place. structure or part the~eot: manufactured home, trailer, or other conveyance, with the knowledge that it will be used as a permanent resid.ence or temporary residence by any person prohibited :from establishing such permanent residence or temporary residence pursuant to the tel1DS of this ordinance) if such place, structure or part thereot; manufactured home, trailer, or other conveyance, is located within 1000 feet 0 f any premises. ' where children ,commonly gather, including but not limited to, a school, day care facility, playground, public or private youth center, public swimming pool, or video arcade faoility, as those terms are defined in Article 481.134 of the Health . and Safety Code of the State of Texas. (b) Penalties. Any person, firm or corporation who violates this ordinar~ce shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed FIVE HUNDRED AND NO/IOO'S DOLLARS ($500.00). Section Five (5): Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section Six. (6): Severability. If:my section, su.bsection or provision oftills ordinance is held invalid, the remainder shall not be affected by such invalidity. OS/22/2005 09:45 9797982018 CITY OF BRAZORIA PAGE 04 Se.ction Seven (7): Effective Date This ordinance shall be effective from and after the date ofits passage. P ASS~D AND ~OPTED on August 15, 2005. ~~ ATTEST: ~"~.~\u. Teresa ,Borders, City Secretary ,~ ORDI:\..\i\CE NO. 3056 \:\ ORDI~ANCE OF THE CITY OF C\RROLLTO\. TEXAS. .\'JENnlNG CII.\PTER nu OF TilE CARROI.J.TO\ CITY COnE TO AnI) SEeTIO\ 130.2-'1 i\L\KI:\G IT l :\L\\\Fl L FOR CERL\IN SEX OFFENIWRS TO H.ESIDE WITHIN 1.000 FEET OF PIU:'IISES WIIEIU: C1I1I.I>RE\ GATIIEI{; PIH)"Il>lNG TIIAT A CUI.PABI.E \1E:\T.\1. STATE IS NOT REQUIRE)) FOR COi\t:\IITIT\G ,\N OFFENSE F'DER SECTION IJO.24 CII,\PTER 130 OF TilE CARROLLTON CITY CODE; IlRO\'JI)ING FOR .\FFIRi\L\TlVE I)EFE~SES; PROVII>lNC FOI{ SEVEI{ABILITY; A PENALTY OF S500; SA VINGS. REPEAL ANi) AN EFFEcrlVE DATE. \"IIEREAS. LIIL' Cily Cuuncll llr Lhe ('Ily or Carrolllon dCICrTlllllCS and dcclares Ihat sex 11ffL'ndcrs arc a serious threal 10 puhlic <;afel~: and WBEREt\S. 11lL' Cil: COlllKd dC\(:Il11incs lhat thc rc~cj(ji\islll raLI,;' for rt'lcas(,d SI.'\; \\I'('\,'nders is alarmingly high, especially I~)r th()se \\ho commit their crimes against children: and. WHEREAS. Ihe Cily Council dClell11in~s Ihal eSlablishing J policy lo restrict the propl:r1Y Jvailable fllr resiJt:llce of S~\ olT~IlJers will pro\iJe better pml~ction lor children galhering in Ihe City: and WHEREAS. Article 4~.1~ (13B~ or tl1(' Texas Code ,}rCriminal Procedure pro\'ldcs J 1.lllH) l~lO[ salCly 1011(' jix children. as a condilion or prohalion Illr those cOIl\'ictcJ or ccrt.lll1 ';L'xualorfenses: ~ow, TIIEREFORE. BE IT ORI)AINED BY TilE CITY COUNCIL OF TilE ern OF C.\IUH)LLTON. TEXAS: SECTION I. Ihal Chapter 1.1.1101' Ihe CalTollt(111 ('il: Codl: shall he amended by Ihe aJdlllO/l ,\lthc' 1'011,\\\ I\lg SL'Cllon 13024' S,'C. I3U.2-1. \{egulation of Sex Offender ResidclH.'~', 1,/1 /)e/II/II/IIIIS For [he pllrpusc's or this SCCUOIl. the kllluwlI1g lC'rms. \\'ords, Jnd Ihc ,krivaliol1s lhcrl."u( :-ild! ha\ c lhl~ nlc~llJings gl\ cl1 111.T<.:1I1 I) ,\ lillOI' /\ l11i 1101' is a pcrsl>n ~oullgc'r I hall sc\'cnlccn ( I ~ l years 0 f agl:. ~ l f)c/'IIIiII/L'1/1 RCSlilcllcc ..\ p!;lCL: where a person ;lbides. ludg.:s. or fe-sides f()[' t'oUI1CCIl (14 t or more C(HlSiXllli\\.' days. 3} TeIl/I'O/'dIT Residence. .-\ place \\here a person ahides. lodges. or resides fix :l period or 1-1- or more days in the J.ggrcgalc during. any calendar year and L Ord. 3056 which is not the person's pcrtllanelll addrC"ss, ur ~l plac,", \\hCrl' a pers')11 routil1cly abl\.ks, rl'sldcs. (11' lodges fOl a PClItH! ,-,f -+ (lr lllIH\,~ consccllli\ l' ,-lr IlIll\nlllSl'Cllli\e ,1:1\S 111 all\ monlh and \\ hil'h lS n,)l the pcrsun's peIl11;lIh:n! rcsldell\.'l', I H) / )/(cIlS/,S I j For L'adl pcrsull reqlllrl'd If) rq:USll'r Oil thl' Tl'\aS Ih:parll1l('1l1 of Public Safl'tv's SC\ Ofrl~IHkr Dal~lb;lsc (thc "Databasc") bccause "f a \ iolalion ill\olvill),.' .1 \ ICtllll \\ho \\as less Ihall Sl\ll'l'n (110) \'Cars (If agl', 11 is unla\\ f!lllllr Ih,,1 [K"'S(lll III ....st;lhlish a pel'lnalll'l1! rL'Sldc!lc(, or tempurary rl'Sldl'llC(, \\ nlul1 1.000 feel Ill' .tIl~' prl'mlsl,: where chtldrl'll Cllllll1Hlllly gallK'r. \\ hlc!l, Ill(' purposl.'s "f lhls llrdnullcl', shall be a puhhc park. pri\atc or puhllc school. or day care c('llkr. as sllch IL'rms are defmed In lhe ('ol1lprehcnsl\ e LOlling OrdlllallCL' of lhe City of Carmlllon, For the pUIlJoses ,If this Ordinance, planted streel medians arc nO{ puhlic parks, :J F\'ti!CllliUlT f1hlllt'/'s: lIli'd\/I/'C1l1CIIIs. a l It shall be prima t:lcie e\.iJel1ce Ihat lhis Section appliL's \L) such a person if thaI person's reCtII'd appears on the Database and the Database indicales lhal the \ lC1l11l was less than sl\:teen (] {II years or age, hI For the puq1l\ses of tlctel111ining the lllil1llllUIll distance separation_ the rcqUlrenh.'nl shall he nH:asurcd h:- It.lhl\ving a Slralghl line Ii'om lhe o!ll<:r propert:-' lillL' Ill' the permanent or !cmporary residence to !he nean:!'t properly line or the prC'l11lses wherL' childrcn l:oml11.\I1ly galhC'r. as described herein aI10\c. ,)1'. in tIH: ~'aSl' or l11ultiple reSidences ,)rJ one properly, measuring fi'om till' nearest property Ilt1l~ Ill' the prL'mises Iu !he nearesl prupcrty IlIlc of !he premises \\ here c1l1ldrcn 1:'lll1l1lonly gather. as dcscnbl'tf !l(Tl'ln C t .\ map \kpicllJ1i} lhl' pl'nl11bill'1l :!reas shall he maIntained hy IIlL' Cil\ (It Carrolltoll. !'he ell)' shall n:\'I...." the Illap al least allllually for changcs, Said Illap \\111 hL' :l\'allahk In the publl\.' at thL' ('arrnlltoll POlll'C D<.'partn\enl .1} ('II/pi/hie 1IIl'/lId! ,\(o/(' /Jot !'t'I/lli/'{'d NcilIK'l' allegation nor C\ IdL'l1CC or a ndpahlc lIlental stdle is required for Ihe prOl d' \I f;1I1 ,) rli.:nse dL'li !led h~ [h I S Chapter. .'II!.iimw/II'c ddl'l/ses II IS all anirl11all\ C' IklCllse to prnsL'cu!loll that am (If IIIL' folh)\\il1~ conJilions apply: Ord. 3056 :11 The [X'fSt111 required 10 n:glslcr on the L)atabas~' established thl..' pennanent l)r temporary rcsidL'ncc and has complied with all or the scx orli:nLlcr registration 1;1\\ S (\ r IhL' Stale (1 (f \:\as. prior to t hl' dale 0 I' t he adoption of this onllnJnce. hi Jhl' person required 1\.1 register 011 the lJatabasl' \\as a minor \\hen hl' or ,he nlll1lllillcd the ,tt"I(:nsL' I"cqulrlng such reglstralion :Ind \\ as ne>t eon\'iclcd as an .ldull. c) rhe pL'rSOIl rL'quln.:d to lTglslLT 011 thl' DatnhasL' h a millor. dl rhe premises \\here childrell cOllllllonly g<lther. <IS spcl'ilied herein, \\itllln l.iJf)i) kcl or thL' permanellt "I" klllporar~: resldellCl' \l( lhl' person rl'lpurcd to n.:'~lsler 011 [he Datahase \\ as llpl'l1ed :tJkr Iht' perslIlI c:::.tabhshcd the permanent or tl'lllpurary rt'sltkIIC\: :ll1d nHnplicd \\ilh all Sl'X offL-nder rl.'t:istralll.ln la\\s of 111(' StalL' 01 Texas. ,-,) rhe 1I1rorm:J1ion 011 the ()atahase IS lIH.:lIrrl'l'l. Jlld. If eO!TC'l'tcd. thiS Sectioll \\ould not apply to the pCrSl)l) who \\ as <.:'mmcl)lIslv listed on the Datahase. SECTION 2. .\ \lol;llll)n of' an~ or the provisions of this ordinance shall he deemed In he' a l11IStk'mcall\1r amI. upon t'l)f1\ ictlon l) f stich \'101::11 jon. such \';0 lat ion sha II he pUllIshcd h\ ;\ pen ;\II~' 0 r Ii IlCS as set fonll j n III. (Jt) I~H' (';Ie h 0 ITense. SECTION .'\. lhal. S;1\L' and l.'\ccpt as Jmt'mkd hy thiS ordlllanee. rille \" III. ;lIld ChapltTS 1:-0 "r ! Ill..' ("arnl/lIoll eilv Codl' shall rl'lllalll 111 full fore\.' and L'l'kc( SEf"rION .... lhatlhc prmisiolls of tillS uI"dll1anee art' St'vl'rahk in ;!CnndallCl.: \\itl1 Seclion 1(111: uf 1 Ill' ( . :111"0 IhUIl ( 'II v eudc, SEe'TION 5. lhal all ordll1ant'C's (lr pans of (mllllaIK\.'S ill l'ol1llic! \\1111 thIS IlrdinallC\: arc s[k'l'Iliclil~ rc'pc;d c'lL SEeTI01\' 6, Thallhis ordlllancc shall be-comc ellertlve from Jnd after its passage and publIcation. , Ord. 3056 PASSED :\]\D .\PPROYED by thL' Cit) Council of th~' City Ill' Can\)lltnl1. T('\a~ \hh 2nd daY 1)1 Hay .201)(1. CITY OF C\RROLLTOK TI::\.\S ~I <";:11. Cil: s''CrC'''''~\(l_rON. ~.:~~.~OPR(")\" ~D ..,~:-: T'(" .-\PPRO\'ED .-\5 TO FOR~t: ~........y />.1, ....~) .~; i/ f/c-i ~J i~( . " 'I ( t {}... t'\.-., .. '.1) 1- . ....':-:: ,.--.' - ,I':,. ~ . Ld~",,/ -....j-...<.---- R Clavwl1 Hutcllins. (itv :\nOll1C\' . \.;' . . \ II rs r c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 06/12/06 ~~ Requested By: D. Wilmore vt Department: Planning Dq)artment Budeet Source of Funds: General Funds Account Number: 001-9092-524-6021 Report: X Resolution: Ordinance: Amount Budgeted: $63,000.00 Exhibits: List of Dangerous Buildings Amount Requested: Exhibits: Dan2erous Buildine: Inspection Reports Budgeted Item: YES NO Exhibits: Slide Presentation SUMMARY & RECOMMENDATION The Dangerous Building Inspection Board was created by Article VIII; Section 82-472 of the City's Code of Ordinances. The Board is comprised of Debbie Wilmore, Chief Building Official; Mike Boaze, Fire Chief and ClifMeekins, Fire Marshal. The Board has inspected thirteen (13) structures at twelve (12) locations and found them, as defined by Section 82-471, to be a "dangerous building". Council is asked to review the Board's findings and then authorize a public hearing for the purpose of possible condemnation and ordering demolition of these structures. A public hearing date of July 10, 2006 is requested. On May 24, 2006, the Accounting Department confirmed the $63,000.00 fund balance in account #00 1-9092-524~21. Action Required bv Council: I. Review findings of the Dangerous Building Inspection Board 2. Authorize a public hearing date for all thirteen (13) structures being considered. Aooroved for City Council A2enda tJYL~lU !3~" ~. Debra B. Feazelle, City anage:tf (/; -- & -() Y Date POTENTIAL DANGEROUS BUILDINGS Summer 2006, Group 1 1) 2910 & 2910 Ih Old Hwy. 146 (S. Broadway) Zoning: Use: Legal Description: HCAD: HCAD Ownership: 2) 106 Bay Oaks Dr. Zoning: Use: Legal Description: HCAD: HCAD Ownership: 3) 202 Forest Avenue Zoning: Use: Legal Description: HCAD: HCAD Ownership: 4) 819 W. Main Zoning: Use: Legal Description: HCAD: HCAD Ownership: PUD Single Family Dwellings (2) Tr. 5B; Abst. 30, W. P. Harris #040-244-001-0007 Gary Bass 10101 N. Avenue P LaPorte, Tx 77571-9431 R-l Single Family Dwelling Blk. 12; Lots 11,12; Bay Oaks #063-023-012-0011 William P. Felscher 106 Bay Oaks Rd. La Porte, Tx 77571-7004 R-3 Old Lodge Building Blk. 15; Lots 1-3; Sylvan Beach #035-213-015-0001 Richard H. Harrison 4545 Elm St. Bellaire, Tx 77401-3717 Main Street Overlay Commercial Blk. 44; Lots 3,4; La Porte #023-180-000-0032 (Improvements only) [x-ref: #023-180-000-0001 (Land only)] Sybil Fry 102 Sylvan St. La Porte, Tx 77571-6438 Potential Dangerous Building List Summer 2006, Group 1 Page 2 5) 602 E. Main Zoning: R-l Use: Single Family Dwelling Legal Description: Blk. 92; Lots 2-5; Bayfront HCAD: #006-182-000-0002 HCAD Ownership: Collen M. Applebe 602 E. Main St. LaPorte, Tx.77571-5522 6) 525 N. 3rd Street Zoning: R-2 Use: Single Family Dwelling Legal Description: Blk:.l05; Lots 29;30; LaPorte HCAD: #023-217-005-0024 HCAD Ownership: City of La Porte 1998 Tax Resale: Joe Booker Unknown Address at this time 7) 417 N. 41h Street Zoning: R-l Use: Single Family Dwelling Legal Description: Blk:.89; Lots 25,26; La Porte HCAD: #023-208-089-0025 HCAD Ownership: Loretta Y. Walker 300 Spencer Landing E. La Porte, Tx 77571-9155 8) 428 N. 41h Street Zoning: R-I Use: Single Family Dwelling Legal Description: Blk.88; Lots 1,2; La Porte HCAD: #023-208-088-0001 HCAD Ownership: Daniel Baker 417 N. 3rd St. LaPorte, Tx 77571-3415 12) Potential Dangerous Building List Summer 2006, Group 1 9) 306 N. 5th Street Zoning: Use: Legal Description: HCAD: HCAD Ownership: Page 3 R-1 Single Family Dwelling Blk.80; Lots 13,14; LaPorte #023-204-080-0013 Estella Momoe 306 N. 5th St. LaPorte, Tx 77571-3430 R-1 Single Family Dwelling Blk:.66;Lots 7,8~ La Porte #023-197-066-0007 Callie Mae Wade Sims 216 N. 6th St. LaPorte, Tx 77571-3202 Large Lot Single Family Dwelling Tr. 277 A-2; La Porte Outlots #023 -136-000-03 77 Carol A Maedgen 11624 N. AvenueL LaPorte, Tx 77571-9330 Large Lot Single Family Dwelling Pt. Trs. 284C & 285B; La Porte Outlots #023-137-000-0338 Charles Hinds 4421 Red Bluff Rd. Pasadena, Tx 77503-4333 s:\city PlllllDing Share\lNSPECTION DIVISION\ALL OTHER STUFF\Code EnforcementlDang Buildings\2006 Summer Group I.doc 10) 216 N. 6th Street Zoning: Use: Legal Description: HCAD: HCAD Ownership: 11) 11624 N. L Street Zoning: Use: Legal Description: HCAD: HCAD Ownership: 11627 N. L Street Zoning: Use: Legal Description: HCAD: HeAD Ownership: City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 05-17.ij6 STREET ADDRESS: 2910 & 2910 Y. OLD HWY. 146 (S. BROADWAy) HCAD OWNER: GARY BASS - 10101 N. AVENUE P - LA PORTE. TX 77571-9431 DEED OWNER: TERRAMEDICA LID - 1213 HERMANN DR #530 - HOUSTON. TX 77009 OTHER: LEGAL: TR. sa: ABST. 30. W. P. HARRIS OCCUPANCY TYPE: RESIDENCE ZONING: PUD NON-CONFORMING ISSUES: PROPERTY UNDER 5 ACRES IN SIZE: MOBILE HOME IN PUD ZONE YES SEWER YES GAS: YES FACILITIES AVAILABLE: WATER: ELECTRICAL: YES NO.OF DWELLING UNITS: (2) UNIT (HOUSE & MOBILE HOME) OCCUPIED: VACANT: YES AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazatd. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; L-2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; L-3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; L- 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) fiwlty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-S. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection F onn Bldg 1 Page 2 L-6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; L- 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; L-3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF TIm B<h'\RD OF INSPECTION' OPTION #1: (REP AlRABLE - RESIDENTIAL) IN ACCORDANCE WITH 1HE CITY'S DANGEROUS BUILDING REGULATIONS AND 1HE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPIED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING 1HE REGULATIONS AND CODE AS ITS GUIDE. IT IS 1HE OPINION OF 1HE DANGEROUS BUILDING INSPECTION BOARD THAT TIllS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF 1HE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN 1HE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS TIffiN 1HE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. x );). tv~) tJ5../ f.." 6 BUILDING OFFICIAL'S OFFICE DATE xCSl~l/15 FIRE 'S OFFICE JtJ;I! ~ CHIEF'S OFFICE .jlloJ~ , DA [;1 d- d/OIP , DATE' Dangerous Building Inspection Form Bldg I Page 3 BUILDING EVALUATION CREC'" .J!i;T A = Adequate D =' Deficient N/ A =' Not Applicable I. STRUCTURAL COMMENT / EXPLANATION A. Foundation 1. Slab WA..- 2. Pier & Beam a Footings IL- NEEDS LEVELING b. Sills IL- ROT c. Joists IL- UNLEVEL FLOORS: ROT D. WaDs 1. Exterior IL- SIDING HAS ROT & HOLES 2. Interior IL- HOLES Means of Egress 1. Doors a Interior A-- b. Exterior IL- ROT: BROKEN: UNSECURED 2. PoIcl1es, Steps, Stairs IL- MISSING 3. Windows IL- BROKEN & DAMAGED D. Roof 1. Rafters IL- ROT 2. Deck, Shingles IL- HOLES: ROT E. Ceilings 1. Joists IL- ROT 2. Ceiling IL- MISSING IN AREAS F. Floors IL-- UNEVEN: HOLES G. Other WA..- n. MEHCANICAL SYSTEMS A. Electrieal 1. Service EntIance & Panel IL- NOT TO CODE 2. Wiring UNK. WlRING NOT EXPOSED 3. Lights, Switches IL- COVERS MISSING 4. Outlets IL- COVERS MISSING 5. Other WA..- D. Plumbing 1- Fixtures a.Sink A-- b. Lavatories A-- c. Water/Closets A-- d. Shower A-- e Water Heater IL- UNVENTED. NO T & P LINE 2. Water Piping UNK. UNABLE TO INSPECf 3. Drain, Waste & Vent UNK UNABLE TO INSPECf 4. Sewer/Septic tank UNK UNABLE TO INSPECf 5. Gas System UNK UNABLE TO INSPECf C. Heating & AlC 1. Heating UNK UNABLE TO INSPECf 2. Air Conditioning UNK UNABLE TO INSPECf llI. PROPERTY CONDmONS 1. Accessory Stroctures IL- (4) ACCESSORY BUllDINGS . ROT: DEBRIS 2. Condition of Grounds L- DEBRIS: NEEDS MOWING 3. Other MOBILE HOME (2910 ~ Old Hwv 146) - UNSECURED. HOLES IN FLOOR. MISSING INTERIOR WALLS AND BROKEN WINDOWS S:\City Planning SharellNSPECTION DIVISION\ALL OTHER STUFF\Code EnforcemeullDaug BuildiDgsID B INSP FORM 2910 Old Hwy 146.doc 07-2004 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DAlE: 05-17-06 STREET ADDRESS: 106 BAY OAKS DR WlLLIAMP. FELSCHER-I06BAYOAKSRD. -LAPORlE. IT 77571-7004 HCAD OWNER: DEED OWNER: WILLIAM P FELSCHER - 3038 LAYNE ST - LAPORlE. IT 77571 LEGAL: BLOCK 12: LOTS 11.12: BAY OAKS OCCUPANCY TYPE: RESIDENCE NON-CONFORMlNG ISSUES: FACILITIES AVAILABLE: W AlER ELEClRICAL: ZONING: R-l YES SEWER YES YES GAS: YES NO.OF DWELLING UNITS: (1) UNIT VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by :lire, earthquake, wind, flood, or by any other cause to such an extent that the structuIal strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; _4. Whenever the building or structure, or any portion thereof, becanse of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-S. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection F onn Bldg I Page 2 ..J 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; ..J 7. Whenever a building or structure, used or intended to be used for dwelling pUIpOses, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsauitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; _8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. Whenever any p~otective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; _3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; L- 4. Whenever any installation or any portion thereof was constructed, instaIled, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #1: (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WlTII THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOP'IED. AMENDED AND ENAClED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF TIlE DANGEROUS BUILDING INSPECTION BOARD TIIAT TInS BUILDING IS IN FACT DANGEROUS. BUT STILL REF AlRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WlTII ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED wrm WlTIIIN THE TIMETABLE SET OUT IN ARTICLE vm SECTION 82-478. IT IS TI:lEN THE OPINION OF TInS BOARD TIIAT TInS BUILDING BE DEMOLISHED. X~t W~IJS-/'-"6 BUILDING OFFICIAL'S OFFICE DATE x~~~ FIRE 'S OFFICE 5~~ :J;Jm~~ CHIEF'S OFFICE 5'/;2 310tp DATE Dangerous Building Inspection Form Bldg 1 Page 3 BUILDING EVALUATION CHECKLIST A = Adequate D = Deficient N/ A = Not Applicable I. STRUCTURAL COMMENT /EXPLANATION A. Foundation 1.SIab ~ 2. Pier & Beam a Footings ~ UNEVEN SETTLEMENT b. Sills UNK UNABLE TO INSPECf c. Joists UNK UNABLE TO INSPECf B. WaIls 1. Exterior !L-- WAlL SEPARATION; ROT 2. Interior UNK UNABLE TO INSPECf Means of Egress 1. Doors a Interior UNK UNABLE TO INSPECf b. Exterior ~ 2. Porches, Steps, Stairs ~ 3. Windows ~ D. Roof 1. Rafters ~ ROT 2. Deck, Shingles ~ ROT; HOLES E. Ceilings 1. Joists UNK UNABLE TO INSPECf 2. Ceiling UNK UNABLE TO INSPECf F. Floors UNK UNABLE TO INSPECf G. Other N/A II. MEHCANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel ~ MISSING COVER: NOT TO CODE Wiring UNK UNABLE TO INSPECf 3. Lights, Switches UNK UNABLE TO INSPECf 4. Outlets UNK UNABLE TO INSPECf 5. Other N/A B. Plumbing 1. Fixtures a Sink UNK UNABLE TO INSPECf b. Lavatories UNK UNABLE TO INSPECf c. Water/Closets UNK UNABLE TO INSPECf d. Shower UNK UNABLE TO INSPECf e Water Heater UNK UNABLE TO INSPECf 2. Water Piping UNK UNABLE TO INSPECf 3. Drain, Waste & Vent UNK UNABLE TO INSPECf 4. Sewer/Septic tank UNK UNABLE TO INSPECf 5. Gas System UNK UNABLE TO INSPECf C. Heating & AlC 1. Heating UNK UNABLE TO INSPECf 2. Air Conditioning UNK UNABLE TO INSPECf ill. PROPERTY CONDmONS 1. Accessory Structures ~ ROOF PROBLEMS 2. Condition of Grounds ~ WEEDS & DEBRIS 3. Other Comments: S:\CPShareIINSPECTION DMSION\ALL OTHER STUFFlCode EnforcementIDang BuildingslD B INSP FORM 106 BAY OAKS.doc07-2004 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 05-17-06 STREET ADDRESS: 202 FOREST A VB. HCAD OWNER: RICHARD H. HARRISON - 4545 ELM ST. - BELLAlRE. TX 77401-3717 DEED OWNER: RICHARD H. HARRISON - 4545 ELM - BELLAIRE. TX 77401 LEGAL: BLOCK 15: LOTS 1-3: SYLVAN BEACH OCCUPANCY TYPE: OLD LODGE BUILDING ZONING: R-3 NON-CONFORMING ISSUES: CONDmONAL USE IN R-3 ZONE F ACILmES A V AlLABLE: WATER: YES SEWER: YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: N/A VACANT: YES OCCUPIED: AS REQUIRED IN TIlE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE Vll1, 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 TIlE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the foDowing is applicable: ~l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to tail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; ~5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings fuspection Form B1dg I Page 2 L- 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; _7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; _8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the foUowing is applicable: L-l. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; ~ 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #3: (NON-RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL BUILDING. AS ADOPIED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079-B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF 1BE DANGEROUS BUILDING INSPECTION BOARD 'IHAT TIllS BUILDING IS IN FACT DANGEROUS. BUT STILL REF AIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF 1BE REF AIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN 1BE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS 1BEN 1BE OPINION OF TIllS BOARD 'IHAT THIS BUILDING BE DEMOLISHED. x <h), W~ PS,/9-tJh BUILDING OFFICIAL'S OFFICE DATE ~5 'S OFFICE ,Ytq hI DATE J;,Jl(l~"7 >/;~/()/~ Dangerous Building Inspection F onn Bldg 1 A'" Adequate 1. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a Footings b.Sills c. Joists B. Walls 1. Exterior 2. Interior Means of Egress 1. Doors a Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other ll. MEHCANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel 2. Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Beating & AlC 1. Heating 2. Air Conditioning ill. PROPERTY CONDmONS Page 3 BUlLDINGEVALUATION CHECKLIST UNK N/A ~ ~ L- UNK UNK L- L- UNK !L- !L- UNK UNK UNK ~ IL- UNK UNK UNK ~ UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK 1. Accessory Stmctures ~ 2. Condition of Grounds ~ 3. Other Comments: D = Deficient N/ A'" Not Applicable COMMENT I EXPLANATION UNABLE TO INSPECT HOLES. ROT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT-BOARDED UP ROT ROTTED FACIA & SOFFIT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT MElER CAN NOT TO CODE; UNABLE TO INSPECT IN!' PANEL UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECf UNABLE TO INSPECT UNABLE TO INSPECf UNABLE TO INSPECf s:\CPShare\IN~l!llCnON D1VISION\AlL OTHER STUFFlCode Enforcement\Dang Buildings\D B INSP FORM 202 FOREST A VE.doc07-2004 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DAlE: 05-17-06 S1REET ADDRESS: 216 N. 6ffi ST. HCAD OWNER.: CALLIE MAE WADE SIMS - 216 N. 6ffi ST. - LA PORlE 77571-3202 DEED OWNER.: GEORGIA MAE HUGHES - 7314 HARLEM - MCNAIR. TX 77251 LEGAL: BLOCK 66: LOTS 7.8: LA PORlE OCCUPANCY TYPE: RESIDENCE ZONING: R-l NON-CONFORMlNG ISSUES: F AClLITIES A V AlLABLE: WATER: YES SEWER: YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: (1) UNIT VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAP1ER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPlNlON, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; _2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof: because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-S. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Form Bldg 1 Page 2 L- 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #1: (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WTIH THE CITY'S DANGEROUS BUlLDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD TIIAT TIllS BUlLDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WTIH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WTIH WTIHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF TIllS BOARD TIIAT TIllS BUlLDING BE DEMOLISHED. xg. UJ~ BUILDING OFFICIAL'S OFFICE ()6-1'~{, DATE ~~L HAL' OFFICE xW/l7I3~ FIRE HIEF'S OFFICE ~Aq~ 1>ATE/ S-/~3/tJt, DATE Dangerous Building Inspection Form Bldg I Page 3 BUILDING EVALUATION CHECKLIST A = Adequate D = Deficient N/ A = Not Applicable I. STRUCTURAL COMMENT /EXPLANATION A. Foundation 1. Slab ~ 2. Pier & Beam a Footings UN}( UNABLE TO INSPECT b. Sills ~ ROT c. Joists UN}( UNABLE TO INSPECT R Walls 1. Exterior A-- 2. Interior UNK UNABLE TO INSPECT Means of Egress 1. Doors a Interior UN}( UNABLE TO INSPECT b. Exterior UN}( BOARDED UP 2. Porches, Steps, Stairs ~ BACK PORCH/STEPS ROTTED 3. Windows UN}( BOARDED UP D. Roof 1. Rafters ~ ROTTED RAFTERS & FACIA 2. Deck, Shingles A-- E. Ceilings 1. Joists UN}( BOARDED UP 2. Ceiling UN}( BOARDED UP F. Floors UN}( UNABLE TO INSPEcr G. Other ~ II. MEHCANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel ~ COVER MISSING Wiring UN}( UNABLE TO INSPECT 3. Lights, Switches UN}( UNABLE TO INSPECT 4. Ontlets UN}( UNABLE TO INSPECT 5. Other N/A R Plumbing 1. Fixtures a Sink UN}( UNABLE TO INSPECT b. Lavatories UN}( UNABLE TO INSPECT c. Water/Closets UN}( UNABLE TO INSPEcr d. Shower UN}( UNABLE TO INSPECT e Water Heater UN}( UNABLE TO INSPECT 2. WaterPiping UN}( UNABLE TO INSPECT 3. Drain, Waste & Vent UN}( UNABLE TO INSPEcr 4. Sewer/Septic tank UN}( UNABLE TO INSPECT 5. Gas System UN}( UNABLE TO INSPECT C. Heating & AlC 1. Heating UN}( UNABLE TO INSPECT 2. Air Conditioning UN}( UNABLE TO INSPECT m. PROPERTY CONDmONS 1. Accessory Stmctures ~ 2. Condition of Grounds ~ WEEDS & DEBRIS 3. Other Comments: S:\CPShareIINSPECTION DIVISIONlALL OTHER STUFFlCode EnforcementlDang BuiIdingslD B INSP FORM 216 N 6TILdoc07-2004 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 05-17-06 STREET ADDRESS: 819 W. MAIN ST. HCADOWNER: SYBIL FRY -102 SYLVAN ST. -LAPORTE. TX77571.{j438 (DECEASED) DEED OWNER: SYBIL FRY - 102 SYL VAN ST. - LA PORTE. TX 77571 OTIIER: STANLEY D. SHERWOOD - 1600 ROSCOE - LA PORTE. TX 77571 (SON) LEGAL: BLOCK 44: LOTS 3.4: LA PORTE OCCUPANCY TYPE: COMMERCIAL ZONING: MAIN STREET OVERLAY NON-CONFORMING ISSUES: FACILITIES AVAILABLE: WATER: YES SEWER: YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: N/A VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN F ACI' A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: :1-1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereot: because of (a) dilapidation, deterioration, Or decay; (P) faulty construction; (c) the re1l).Oval, movement or instability of any portion of the ground necessary for the purpose of SUI:lIIorting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is like~y tq partjally or cOIJlRletely collapse; :1-5. Whenever, for any reason, the buMing or structure, 9r \illY pC;lltion $ereot: is manifestly unsafe for the purpose ofwbioh it is bein~ used;, · . Dangerous Buildings Inspection F OIm Bldg 1 Page 2 _6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; _7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: ~l. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; ~2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other canse so as to constitute a potential hazard to life, health, property or safety; ~ 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #3: (NON-RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUIT..DING REGULATIONS AND THE 2003 INTERNATIONAL BUILDING. AS ADOPTED. AMENDED AND ENACfED BY CITY. ORDINANCE #04-2700 AND #96-2079-B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUIT..DING INSPECTION BOARD THAT TIllS BUIT..DING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SEf OUT IN ARTICLE vm SECTION 82-478. IT IS THEN THE OPINION OF TIllS BOARD THAT TIllS BUIT..DING BE DEMOUSHED. x~)~ ~6~/r;,.6b BUILDING OFFICIAL'S OFFICE DATE X~~L"'5 :5/A k.. FIRE 'S 0 CE f PAtE X !J /1J B=:;r S-/0'23;h4:> FIRE clttEFs OFFICE bATE Dangerous Building Inspection Form Bldg 1 A = Adequate I. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a Footings b. Sills c. Joists B. WaDs 1. Exterior 2. Interior C. MeaDS of Egress 1. Doors a Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other II. MEHCANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC 1. Heating 2. Air Conditioning ill. PROPERTY CONDmONS N/A UNK UNK ~ ~ UNK UNK ~ ~ ~ ~ ~ UNK UNK ~ N/A ~ L- UNK UNK ~ UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK 1. Accessory Structures N/A 2. Condition of Grounds ~ 3. Other Comments: Page 3 BUILDING EVALUATION CHECKLIST D = Deficient N/ A = Not Applicable COMMENT / EXPLANATION UNABLE TO INSPECT UNABLE TO INSPECT FLOOR UNEVENMSffiLE THRU WINDOW) UNABLE TO INSPECT UNABLE TO INSPECT BACK STEPS MISSING ROT AT WINDOWS ROT ROT UNABLE TO INSPECT UNABLE TO INSPECT UNEVENMSffiLE THRU WINDOW) BREAKERS MISSING EXT WIRING NOT IN CONDUIT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT DEBRIS S:ICPShareUNSPECTION DlVISIONIALL ornER STUFFlCode EnforcementIDang BuildingsID B INSP FORM 819 W MAIN.dcc07-2004 Rev. City of La Porte DANGEROUS BillLDING INSPECTION FORM DATE: 05-17-06 STREET ADDRESS: 602 E. MAIN ST. HCAD OWNER: COLLEN M. APPLEBE - 602 E. MAIN ST. - LA PORTE. TX 77571-5522 (DECEASED) COLLEEN MASSEY APPLEBE - 602 E. MAIN - LA PORTE. TX 77571 DEED OWNER: OTHER: RUSSELL APPLEBE - 318 JAMISON - LA PORTE. TX 77571 (SON) LEGAL: BLOCK 92: LOTS 2-5: BAYFRONT OCCUPANCY TYPE: RESIDENCE ZONING: R-1 NON-CONFORMlNG ISSUES: FACILITIES AVAILABLE: WATER: YES SEWER: YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: (1) UNIT VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: ~l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereot: because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; ~5. Whenever, for any reason, the building or structure, or any portion thereot: is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection F onn Bldg 1 Page 2 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; L-S. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #1: (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENAClED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD TIIAT TIllS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WTIH WTIHIN THE TIMETABLE SET OUT IN ARTICLE vm SECTION 82-478. IT IS THEN THE OPINION OF TIllS BOARD TIIAT TIllS BUILDING BE DEMOLISHED. x Q. lu~ tI-E-/9-tJb BUILDING OFFICIAL'S OFFICE DATE ~~~~ ~ / fi~ S-/:23/d~ DATE x tJ/J1~~ FIRE CIllEFS OFFICE Dangerous Building Inspection Form Bldg 1 A = Adequate 1. 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. Porches, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other II. MEHCANlCAL SYSTEMS A. Electrical 1. Service Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a.Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drnin, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & A/C I. Heating 2. Air Conditioning ill. PROPERTY CONDmONS Page 3 BUILDING EVALUATION CHECKLIST N/A IL- IL- UNK IL- UNK UNK A-- IL- JL_ IL- IL- UN!( IL- UNK N/A IL- UNK UNK UNK ~ UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK 1. Accessory StIUctures IL- 2. Condition of Grounds IL- 3. Other D = Deficient N/A = Not Applicable COMMENT /EXPLANATION UNEVEN SETILEMENT ROT UNABLE TO INSPECT HOLES UNABLE TO INSPECT* UNABLE TO INSPECT BACK PORCH STEPS UNLEVEL: FRONT PORCH - ROT IN FLOOR & CEILING BROKEN GLASS ROT HOLES UNABLE TO INSPECT FALLING IN(VlSffiLE FROM WINDOW & DooRW A Yl* UNABLE TO INSPECT MULTIPLE PANELS: NOT TO CODE UNABLE TO INSPECT "UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT METAL GARAGE - HOLES IN ROOF: ROT WEEDS. DEBRIS Comments: *UNSECURED HOUSE FILLED WITII DEBRIS - HARD TO WALK AROUND & INSPECT. S:\CPSb.are\INSPECTION DIVISION\AU.. OTHER STUFFlCode EnforcementIDang BuildingsID B INSP FORM 602 E MAlN.doc07-2004 Rev. City of La Porte DANGEROUS BillLDING INSPECTION FORM DA1E: Q5-17-o6 SlREET ADDRESS: 525 N. 3RD ST. HCAD OWNER: CITY OFLAPOR1E-CAUSE #91-31131 TAX RESALE DEED: JOE BOOKER % EAST 1EXAS INVESTMENT GROUP - 1019 PINEWooD LN. _ SEABROOK. TX 77586 (1998 CITY RESOLUTION: DEED FILED Aoril1999) LEGAL: BLOCK 105: LOTS 29.30: LA POR1E OCCUPANCY TYPE: RESIDENCE ZONING: R-2 NON-CONFORMING ISSUES: ENCROACHES OVER SOUTH PROPERTY LINE PER 2006 SURVEY FAClLITlESAVAILABLE: WA1ER: ELECTRICAL: YES SEWER: YES YES GAS: YES NO.OF DWELLING UNITS: (l) UNIT VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE Vlll, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DE1ERMINED THE BUlLDING LOCATED THEREON, IN mEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR mE FOLLOWING REASONS: Sec 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-I. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereofhas been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-S. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose ofwmch it is being used; Dangerous Buildings Inspection F onn Bldg 1 Page 2 L- 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other canse, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #1: (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE wrrn THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENAcrED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD lHAT TIllS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE wrrn ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED wrrn WlTIIIN THE TIMETABLE SET OUT IN ARTICLE VIIl SECTION 82-478. IT IS THEN THE OPINION OF TIllS BOARD lHAT TIllS BUILDING BE DEMOLISHED. xiJ~W~ BUILDING OFFICIAL'S OFFICE 06,/9'" DATE ~j.vt~ 'S OFFICE :5!j~ S-p :3~& DATE x d/ !//IJ FIRE CHIEF'S OmCE ~ BUILDING EVALUATION CHECKLIST A = Adequate D = Deficient N/ A = Not Applicable I. STRUCTURAL COMMENT /EXPLANATION A. Foundation 1. Slab ~ 2. Pier & Beam a Footings A--- b. Sills ~ ROT c. Joists ~ FLOOR SPRINGY B. Walls 1. Exterior ~ HOLES IN WALL & ROTTED SIDING 2. Interior IL- HOLES Means of Egress 1. Doors a Interior ~ SOME MISSING b. Exterior A--- 2. Porches, Steps, Stairs ~ ROT 3. Windows ~ ROT & OPEN D. Roof 1. Rafters A--- 2. Deck, Shingles ~ OLD E. Ceilings 1. Joists A--- 2. Ceiling ~ MISSING F. Floors ~ SPRINGY G. Other ~ II. MEHCANICAL SYSTEMS Dangerous Building Inspection Form Bldg 1 A. Electrical 1. Service Entrance & Panel 2. Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtnres a. Sink b. Lavatories c. Water/Closets d Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC 1. Heating 2. Air Conditioning ill. PROPERTY CONDmONS ~ UNK ~ UNK ~ A--- ~ ~ A--- ~ UNK UNK UNK UNK UNK UNK 1. Accessory Structures ~ 2. Condition of Grounds ~ 3. Other ~ Comments: UNSECURED Page 3 COVER MISSING UNABLE TO INSPECT LIGHT FIXTURES MISSING OR HANGING DOWN. COVERS MISSING UNABLE TO INSPECT FALLING DOWN FALLING DOWN VENT UNSEATED: UNIT OLD UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT WEEDS & DEBRIS S:\CPShareIINSPECTION DIVISIONIALL OTIlER STUFF\Code EnforcementIDang BuildingsID B INSP FORM 525 N 3RD.doc07-2004 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 05-17-06 STREET ADDRESS: 417N.4mST. HCAD OWNER: LORETTA Y. WALKER-3OG SPENCERLANDINGE. -LAPORTE. TX77571-9155 DEED OWNER ADRIANNE W ALKER-9999 SPENCER HWY-LAPORTE. TX 77571: CARMEN W ALKER- 3106 EAGLES NEST DR-LAPORTE. TX 77571: CARA L. W ALKER-300 SPENCER LANDING E-LAPORTE. TX77571: BRANDON W ALKER-300 SPENCER LANDING E-LAPORTE. TX 77571 LEGAL: BLOCK 89: LOTS 25. 26: LA PORTE OCCUPANCY TYPE: RESIDENCE ZONING: R-l NON-CONFORMrNG ISSUES: FACILITIES AVAILABLE: WATER: YES SEWER: YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: (1) UNIT VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERlY, AND DETERMrNED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the fonowing is applicable: L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; _2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fuil, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-S. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Form Bldg 1 Page 2 L-6. Whenever the building or structure bas been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, becanse of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-L Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; L-Z. Whenever any instal1ation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; L- 4. Whenever any instal1ation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF TIlE BOARD OF INSPECTION: OPTION #1: (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH TIlE CITY'S DANGEROUS BUILDING REGULATIONS AND TIlE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENAC1ED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING TIlE REGULATIONS AND CODE AS ITS GUIDE. IT IS TIlE OPINION OF TIlE DANGEROUS BUILDING INSPECTION BOARD TIIAT TIllS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF TIlE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN TIlE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS TIlEN TIlE OPINION OF TIllS BOARD TIIAT TIllS BUILDING BE DEMOLISHED. x)cl.1N~ BUILDING OFFICIAL'S OFFICE d6 -1'-(/& DATE xt~~~ :>dJl~ FIRE OFFICE rDA X 15/17l f$~ g-j;23/!lk FIRlf CHIEFS OFFICE DATE Dangerous Building Inspection Farm Bldg 1 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 I. Doors a Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof I. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other II. MEHCANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a. Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & Ale 1. Heating 2. Air Conditioning m. PROPERTY CONDmONS Page 3 BUILDING EVALUATION CHECKLIST ~ IL-- UNK IL-- UNK IL-- A-- IL-- IL-- IL-- UNK IL-- UNK UNK L- N/A UNK UNK UNK L- N/A A-- IL-- IL-- A-- UNK UNK UNK UNK UNK UNK UNK I. Accessory Structures ~ 2. Condition of Grounds IL-- 3. Other D = Deficient N/ A = Not Applicable COMMENT / EXPLANATION UNEVEN SETTLEMENT UNABLE TO INSPECT ROT. FLOOR SPRINGY UNABLE TO INSPECT HOLES: SHEETROCK. MISSING THRESHOLD ROTTED: DOORS DAMAGED BACK PORCH STEPS MISSING: FRONT PORCH UNEVEN ROT UNABLE TO INSPECT DAMAGED FROM FALLEN TREE UNABLE TO INSPECT UNABLE TO INSPECT INADEOUATE; SPRINGY NOT ON EXTERIOR: UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNGROUNDED OFF WALL FALLING IN OLD UNIT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT WEEDS: DEBRIS Comments: UNSECURED: HOUSE FULL OF DEBRIS S:\CPShareIINSPECTION DIVISIONIALL OTIiER STUFFlCode EnfurcementIDang BuiIdingsID B INSP FORM 417 N 4TH.doc07-2004 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 05-17-06 STREET ADDRESS: 428 N. 41H ST. HCAD OWNER: DANIEL BAKER-417N. 3RD ST. -LAPORTE. TX77571-3415 DEED OWNER: DANIEL BAKER - 417 NORTH 3RD ST. . LA PORTE. TX 77571 LEGAL: BLOCK 88: LOTS 1.2: LA PORTE OCCUPANCY TYPE: RESIDENCE ZONING: R-l NON-CONFORMING ISSUES: F AClLITIES A V AlLABLE: WATER: YES SEWER: YES ELEC1RICAL: YES GAS: YES NO.OF DWELLING UNITS: (1) UNIT VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vrn, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR. OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure sball be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; ~2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; ~3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; L- 4. Whenever the building or structure, or any portion thereot: because of (a) dilapidation, deterioration, or decay; (b) faulty construction; ( c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-S. Whenever, for any reason, the building or structure, or any portion thereot: is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Farm Bldg 1 Page 2 -J 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrnnts, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation fu.cilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition thai is likely to cause sickness or disease; L-S. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-L Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; L-3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #1: (REPAIRABLE-RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUll.DING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENAC1ED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUll.DING INSPECTION BOARD THAT THIS BUll.DING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REF AIRS OR AL1ERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REF AIR OR AL 1ERATION ORDER IS NOT COMPLIED wrm WITHIN THE TIMETABLE SET OUT IN ARTICLE vrn. SECTION 82-478. IT IS THEN THE OPINION OF TInS BOARD THAT TInS BUll.DING BE DEMOLISHED. x $V. W~ BUILDING OFFICIAL'S OFFICE DG-IF-o 6 DATE x d~ ,rki.~ FIRE HAL'S OFFICE ~1~~ x W/(l fd~ ~ 'SO S~J~6 DATE Dangerous Building Inspection F onn Bldg 1 BUILDING EVALUATION CHECKLIST A = Adequate D = Deficient N/ A = Not Applicable 1. STRUCTIJRAL COMMENT / EXPLANATION A. Foundation 1. Slab ~ 2. Pier & Beam a Footings A-- b. Sills UNK UNABLE TO INSPECT c. Joists UNK UNABLE TO INSPECT B. Walls 1. Exterior .!2....- FIRE DAMAGED 2. Interior UNK UNABLE TO INSPECT C. Means of Egress I. Doors a Interior UNK UNABLE TO INSPECT b. Exterior .!2....- FRONT. FIRE DAMAGED 2. Porches, Steps, Stairs .!2....- FIRE DAMAGED 3. Windows .!2....- FIRE DAMAGED D. Roof 1. Rafters IL--_ FIRE DAMAGED 2. Deck, Shingles .!2....- FIRE DAMAGED E. Ceilings 1. Joists .!2....- FIRE DAMAGED 2. Ceiling .!2....- FIRE DAMAGED F. Floors ~ FIRE DAMAGED G. Other N/A II. MEHCANlCAL SYSTEMS A. Electrical 1. Service Entrance &Pane1 Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a. Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC 1. Heating 2. Air Conditioning ill. PROPERlY CONDmONS IL-- IL-- UNK UNK ~ UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK 1. Accessory Structures A-- 2. Condition of Grounds IL-- 3. Other Comments: FIRE 9-3-05 Page 3 DEAD FRONT MISSING: POOR CONDmON FIRE DAMAGED UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPEcr UNABLE TO INSPEcr UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPEcr UNABLE TO INSPECT UNABLE TO INSPEcr UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT STORAGE BLDGS (2) DEBRIS. (3) JV'S S;\CPSbare\lNSPECTION DIVISlON\AU.. OTHER STUFFlCode EnforcementlDang BuildingslD B INSP FORM 428 N 5TII.doc07-2004 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DAlE: 05-17-06 STREET ADDRESS: 11627 N. L ST. HCAD OWNER: CHARLES HlNDS - 4421 RED BLUFF RD. - PASADENA TX 77503-4333 CHARLES C. HlNDS - 4421 RED BLUFF - PASADENA TX 77503 PT. TRS. 284C & 285B: LA PORlE OUTLOTS (HOMESITE) DEED OWNER: LEGAL: OCCUPANCY TYPE: RESIDENCE ZONING: LARGE LOT NON-CONFORMING ISSUES: F ACILlT1ES AVAILABLE: W AlER: YES SEWER: GAS: YES ELECTRICAL: YES YES NO.OF DWELLING UNITS: (1) UNIT VACANT: YES OCCUPIED: AS REQUIRED IN TIIE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIll, TIIE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN TIIElR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard A. Dangerous or Substandard Buildings or Stroctures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or aD of the following is applicable: L-I. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; _2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereot; because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-5. Whenever, for any reason, the building or structure, or any portion thereot; is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Form Bldg I Page 2 .,j 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become~o dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) eI13ble persons to resort thereto for the pmpose of cortunitting unlawful acts; .,j 7. Whenever a building or structure, used or intended to be used for dwelling pmposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrnngement, iuadequate light, air, or sanitation facilities, or otheIWise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; _8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: _1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; L-Z. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) iuadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; _3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; L- 4. Whenever any installation or any portion thereof was COustIUcted, installed, altered or maintained in violation of the building code andlor fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #1: (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079-B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT TIllS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REF AIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF TIllS BOARD THAT TIllS BUILDING BE DEMOLISHED. x~a 7AJ~ BUILDING OFFICIAL'S OFFICE 05-/9-tlh DATE x t! ;i/~j~~ FIRE MARSHAL'S OFflCE ~)R~ , DATE x~~ FIRE S ffICE si;2J/I~ DATE Dangerous Building Inspection Form Bldg I A = Adequate 1. 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. Porches, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Sbingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other II. MEHCANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a. Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC 1. Heating 2. Air Conditioning III. PROPERTY CONDmONS Page 3 D = Deficient BUILDING EVALUATION CHECKLIST N/A = Not Applicable ~ A-- UNK UNK ~ ~ ~ A-- ~ ~ ~ ~ ~ ~ !2...-- ~ ~ UNK XL- XL- N/A ~ A-- L- L- XL- UNK UNK UNK UNK UNK UNK 1. Accessory Stmctures ~ 2. Condition of Grounds L- 3. Other Conunents: UNSECURED. GRAFFITI COMMENT /EXPLANATION UNABLE TO INSPECT UNABLE TO INSPECT ROT HOLES MISSING ROT. HOLES IN PORCH: UNEVEN STEPS BROKEN: OPEN: ROT ROT DAMAGE FROM FALLEN TREE: HOLE: F ACWSOFFIT ROT ROT WATER DAMAGE: HOLES SPRINGY IN BATH AREA INSUFFICIENT SERVICE SIZE UNABLE TO INSPECT PLATES MISSING INADEOUATE SPACING FALLING IN: NO T & P LINE: NO VENT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT WEEDS & DEBRIS S:\CPShareIlNSPECTION DlVISION\ALL OTHER STUFFlCode EnforcementIDang BuiIdingsID B INSP FORM 11627 N Ldoc07.2004 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 05-17-06 STREET ADDRESS: 11624 N. L ST HCAD OWNER: CAROL A MAEDGEN - 11624 N. AVENUE L - LA PORTE. TX 77571-9330 DEED OWNER: CAROL A. MAEDGEN - 11624 N. L ST. - LA PORTE. TX 77571 OTHER: CAROL A. MAEDGEN - 1988 FM 2827 RD. - WARREN. TEXAS 77664 LEGAL: TR. 277 A-2: LA PORTE OUTLOTS OCCUPANCY TYPE:RESIDENCE (CERT. MODULAR HOME #002968) ZONING: NON-CONFORMING ISSUES: LARGE LOT FACILITIES AVAILABLE: WATER: YES SEWER: YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: (1) UNIT VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-I. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, pwpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fuiI, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; _4. Whenever the building or structure, or any portion thereof: because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; L-5. Whenever, for any reason, the building or structure, or any portion thereof: is manifestly unsafe for the purpose of which it is being used; ~~~Bw~~~roooFormB~l Page 2 L-6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; _8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-I. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; L-z. Whenever any installation or any pOrtion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; ~ 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF 1HE BOARD OF INSPECTION: OPTION #1: (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE wrrn 1HE CITY'S DANGEROUS BUILDING REGULATIONS AND 1HE 2003 IN1ERNATIONAL RESIDENTIAL CODE. AS ADOPlED. AMENDED AND ENAClED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING 1HE REGULATIONS AND CODE AS ITS GUIDE. IT IS 1HE OPINION OF 1HE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE wrrn ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF 1HE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITIDN 1HE TIMETABLE SET OUT IN ARTICLE VIIl SECTION 82-478. IT IS 1HEN 1HE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. xSJ. U~ BUILDING OFFICIAL'S OFFICE fJo-/'1-tl6 DATE ~~j~ MARSHAL'S OFFICE 5hi'~ 17 S~~d, DATE ~/J~ Dangerous Building Inspection Farm Bldg 1 A = Adequate I. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a Footings b. Sills c. Joists B. WaDs 1. Exterior 2. Interior C. Means of Egress 1. Doors a. Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other II. MEHCANICAL SYSTEMS A. Electrical 1. Sexvice Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a. Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC 1. Heating 2. Air Conditioning ill. PROPERTY CONDmONS Page 3 D = Deficient BUILDING EVALUATION CHECKLIST ~ UNK. UNK. L- L- A-- A-- A-- L- A-- L- L- UNK. L- !L.-- WA- UNK. UNK. A-- A-- N/A A-- A-- A-- A-- A-- UNK. UNK. UNK. UNK. UNK. UNK. 1. Accessory Structures A-- 2. Condition of Grounds !L.- 3. Other N/ A = Not Applicable COMMENT /EXPLANATION UNABLE TO INSPECT UNABLE TO INSPECT SPRINGY FLOORS ROT REAR STEPS ROTTED ROT HOLES: SOFFIT/FACIAROT UNABLE TO INSPECT WATER DAMAGE: SHEETROCK FALLEN INADEOUATE SUPPORT. SRPINGY: HOLES UNABLE TO INSPECT INTERIOR HOUSE PANEL UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT STORAGE BWG (l); FULL OF DEBRIS WEEDS &DEBRIS Comments: REAR DOOR UNSECURED: HOUSE FILLED WITH DEBRIS. S:\CPSbare\lNSPECTION DIVlSION\AI.L OTIIER STUFFlCode EnforcementIDang BuiJdingsID B INSP FORM 11624 N L.doc07-2004 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 05-17-06 STREET ADDRESS: 306 N. 5TH ST. HCAD OWNER: ESTELLA MONROE - 306 N. 5TH ST. - LA PORTE. TX TI571-3430 DEED OWNER: ESTELLA MONROE - 306 NORTII 5TII - LA PORTE. TX 77571 LEGAL: BLOCK 80: LOTS 13.14: LAPORTE OCCUPANCY TYPE: RESIDENCE ZONING: R-1 NON-CONFORMlNG ISSUES: FACILITIES AVAILABLE: WATER: ELECTRICAL: YES SEWER: YES YES GAS: YES NO.OF DWELLING UNITS: (1) UNIT VACANT: YES OCCUPIED: AS REQUIRED IN TIIE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, TIIE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED TIIE BUILDING WCATED TIIEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR TIIE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; _2. Whenever any portion thereofhas been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; _4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) fuulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its. foundation, or (e) any other cause, is likely to partially or completely collapse; L-5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Form Bldg 1 Page 2 L-6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; _8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation oftbe building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF TIlE BOARD OF INSPECTION: OPTION#I: (REF AIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INIERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACIED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS TIlE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT TInS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE vm SECTION 82-478. IT IS '!HEN THE OPINION OF TInS BOARD THAT TInS BUILDING BE DEMOLISHED. x k), LJ~ BUILDING OFFICIAL'S OFFICE 05-/'1-1/' DATE ;(dd~rn J/~k , DATE x/Uj)1 ~ FIRE CHIEF'S OFFICE s/i2J;b& DATE Dangerous Building Inspection Form Bldg 1 A = Adequate 1. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a Footings b. Sills c. Joists B. Walls 1. Exterior 2. Interior Means of Egress 1. Doors a Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other II. MEHCANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel 2. Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a Sink b. Lavatories c. Water/Closets d. Shower e. Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC 1. Heating 2. Air Conditioning ill. PROPERTY CONDmONS ~ ~ ~ UNK ~ UNK UNK ~ ~ ~ L- ~ UNK ~ !L- ~ 1L- UNK UNK UNK ~ 1L- UNK UNK UNK 1L- UNK UNK UNK UNK UNK_ UNK 1. Accessory Structures N/A 2. Condition of Grounds 1L- 3. Other Comments: Page 3 BUILDING EVALUATION CHECKLIST D = Deficient N/ A = Not Applicable COMMENT /EXPLANATION UNEVEN SETTLEMENT ROT: MISSING UNABLE TO INSPECT ROT. HOLES UNABLE TO INSPECT UNABLE TO INSPECT ROTTED THRESHOLD REAR STEPS BROKEN BROKEN IN PLACES. ROT NO SHINGLES UNABLE TO INSPECT WATER STAINS MISSING IN KITCHEN CWINDOW VIEW) DEAD FRONT MISSING UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT NO SINK CWINDOW VIEW) UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT IMPROPER INSTALLATION: NO T & P LINE UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT DEBRIS & DOWNED TREE S:\CPShareIINSPECTION DMSION\AU. OTHER STUFF\Code EnforcementIDang BuildingsID B INSP FORM 306 N 5TH.doc07-2004 Rev. D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested June 12,2006 Requested By: Mayor Alton E. Porter Appropriation Source of Funds: nla Department: ~hYQr'~ Office Account Number: nla Report: Resolution: Ordinance: x Amount Budgeted: nla . Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION City Council to approve appointing and reappointing positions on Boards and Commissions for vacant slots and terms expiring in August, 2006. Airport Advisory Board: Hector Villarreal- Term Expiration 8/31/2006 Tucker Grant - Term Expiration 8/31/2006 Tax Increment Reinvestment Zone Number One: Dave Turnquist - Term Expiration 8/31/2006 Horace Leopard - Term Expiration 8/31/2006 J.J. Meza - Term Expiration 8/31/2006 Chester Pool- Term Expiration 8/31/2006 Chapter 172 Employee, Retiree Insurance and Benefits Board: Citizen Position 2 - Chapter 172 Employee Retiree Insurance and Benefits Committee - vacated by Kim Meismer. Civil Service Commission: Keith Trainer - Term Expiration 8/31/2006 Fire Code Review Committee: Jeff Brown - District 2 - Term Expiration 8/31/2006 Woodrow Sebasta - District 3 - Term Expiration 8/31/2006 Floyd Craft - District 4 - Term Expiration 8/31/2006 Jim Bridge - District 5 - Term Expiration 8/31/2006 Bryan Moore - At Large A - Term Expiration 8/31/2006 Lynn Green - Mayor - Term Expiration 8/31/2006 La Porte Area Water Authority: Chester Pool- Term Expiration 8/31/2006 Paul Berner - Term Expiration 8/31/2006 La Porte Development Corporation Board - 4b Corporation Mike Clausen - Term Expiration 8/31/2006 Bill Love - Term Expiration 8/31/2006 Pat Muston, President - Term Expiration 8/31/2006 La Porte Redevelopment Authority: Dave Turnquist - Term Expiration 8/31/2006 Horace Leopard - Term Expiration 8/31/2006 J.J. Meza - Term Expiration 8/31/2006 Chester Pool- Term Expiration 8/31/2006 Main Street Advisory Board: Jerry Carpenter - Position 5 - Term Expiration - 8/31/2006 Gerald Metcalf - Position 6 - Term Expiration - 8/31/2006 Paul Pieri - Position 7 - Term Expiration 8/31/2006 Planning and Zoning Commission: Nick Barrera, District 2 - Term Expiration - 8/31/2006 Kirby Linscomb, Jr. - Term Expiration - 8/31/2006 Southeast Texas Housing Finance Corporation Board Pat Muston - Term Expiration Youth Advisory Council Crystal Scott advised there will be no changes to the Youth Advisory Council until after school begins in the fall. Zoning Board of Adjustment Lawrence McNeal- Term Expiration - 8/31/2006 Gilbert Montemayor - Term Expiration - 8/31/2006 Council is also being presented with two options for the Zoning Board of Adjustments. Council may consider changing the ordinance to allow Council to choose a Chairman or not. There are two ordinances for your consideration. Advise staff if any other changes regarding positions Council desires. Action ReQuired bv Council: Consider approving Ordinance appointing and reappointing members to various Boards and Commissions and adopt the ordinance of choice regarding the Zoning Board of Adjustment Chairman. & /& ~O~ Date Ordinance without changes to Section 15 ORDINANCE NO. 2004-2782-K AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE, PROVIDING A SEVERABILITY CLAUSE, CONTAINING A REPEALING CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: . Indicates reappointment Section 1. The City Council of the City of La Porte hereby makes the following appointments to the Airport Advisory Board for the City of La Porte Municipal Airport, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1. - Debra Rihn position 2. - Nick Hooke position 3. - Hector Villarreal position 4. - Tucker Grant position 5. - Steve Gillett position 6. - Eliminated by city Council on 7/13/98 by Ord. 98-2265 2007 2007 2006 2006 2007 FAA Representative william Gray No Term Airline Representative - Dan Myhaver No Term section 2. The City Council of the City of La Porte hereby makes the following appointments to the Board of Directors of the city of La Porte Reinvestment Zone Number One, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1 Peggy Antone 2007 position 2 Dave Turnquist 2006 position 3 Alton Porter 2007 position 4 Horace Leopard 2006 position 5 Doug Martin 2007 position 6 J.J. Meza 2006 position 8 Chester Pool 2006 The city Council of the City of La Porte hereby ratifies the following appointments by La Porte Independent School District and Harris County: position 7 Dr. Say (LPISD) 2007 position 9 *Lindsay Pfeiffer (Harris Co.) 2007 section 3. The City Council of the City of La Porte hereby makes the following appointments to the Chapter 172 Employee Retiree Insurance and Benefits Committee, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: citizen position 1 patricia Rothermel 2007 citizen position 2 2006 Retiree Participant - Buddy Jacobs 2008 Employee Participant- Karen Beerman No Term Finance Staff Michael Dolby No Term H.R. Staff Robert Swanagan No Term Legal Staff Clark T. Askins No Term Section 4. The City Council of the city of La Porte hereby makes the following appointments to the Fiscal Affairs Committee, without term, or until their successors shall have been duly appointed and qualified: Chairman Chuck Engelken Date Appointed 1998 2 committee Member - Barry Beasley 2004 committee Member - Howard Ebow 1998 Alternate Member - Louis Rigby 2004 Alternate Member - Tommy Moser 2004 Section 5. The City Council of the city of La Porte hereby makes the following appointments to the Fire Code Review Board of the City of La Porte, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: District 1 District 2 District 3 District 4 District 5 District 6 At Large-A At Large-B Mayor Section 6. Tim Bird 2008 Jeff Brown 2006 Woodrow Sebesta 2006 Floyd Craft 2006 Jim Bridge 2006 Lester Clark 2008 Bryan Moore 2006 Paul vige 2008 Lynn Green 2006 The City Council of the city of La Porte hereby following appointments to the La Porte Area Water for terms expiring on August 31st of the year or until their successors shall have been duly makes the Authority, indicated, appointed and qualified: position 1 Robert Roy 2007 position 2 Dennis H. Steger 2007 position 3 Steve Valarius 2007 position 4 Chester Pool 2006 3 position 5 Paul Berner 2006 Section 7. The City Council of the city of La Porte hereby appoints the following named persons, all of whom are residents of the City of La Porte, and no more than four of whom are elected city officials or city employees, to serve as directors of the City of La Porte Development Corporation without compensation, but with reimbursement for actual expenses, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chuck Engelken 2007 Mike Clausen 2006 Tommy Moser 2007 Bill Love 2006 Ed Matuszak 2007 Pat Muston 2006 Deborah Johnson 2007 Section 8. The City Council of the city of La Porte hereby makes the following appointments to the La Porte Health Authority, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Health Authority Abdul R. Moosa, M.D. 2008 Alternate Robert D. Johnston, M.D. 2008 Medical Advisor/EMS Oscar Boultinghouse Contract Section 9. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Redevelopment Authority, for terms expiring on August 31st of the year 4 indicated, or until their appointed and qualified: position 1 position 2 position 3 successors shall have been duly makes the Peggy Antone 2007 Dave Turnquist 2006 Alton Porter 2007 Horace Leopard 2006 Douglas Martin 2007 J.J. Meza 2006 Dr. Say 2007 Chester Pool 2006 *Lindsay R. Pfeiffer, Chairman2007 The City Council of the city of La Porte hereby following appointments to the Main Street District an "ad hoc" committee, without term, or until their position 4 position 5 position 6 position 7 position 8 position 9 Section 10. Committee, successors shall have been duly appointed and qualified: position 1 Bill Manning, Chairman No Term position 2 Robert Schlenk, Vice Chairman No Term position 3 Deborah Johnson No Term position 4 Douglas Martin No Term position 5 vicki Campise No Term position 6 Paul Berner No Term position 7 Pat Muston No Term position 8 Gloria Lair No Term position 9 Brenda Brown No Term Section 11. The City Council of the City of La Porte hereby makes the following appointments to the Main street Advisory Board, a new Board required by the Texas Historical Commission, 5 for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1- Deborah Johnson 2008 position 2- vicki Campise 2008 position 3- April Crone 2008 position 4- Bill Manning 2006 position 5- Jerry Carpenter 2006 position 6- Gerald Metcalf 2006 position 7- Paul pierre 2006 position 8- Michaelyn Dunaway 2007 position 9- Claire Zaborowski 2007 position 10 Jan Lawler 2007 position 11 Lawrence McNeal 2007 There are also three (3) Ex Officio members of this Board: 1 the City of La Porte's Main Street Coordinator 2 the City Manager of the City of La Porte, or her designee 3 the Manager of the La Porte-Bayshore Chamber of Commerce Section 12. The City Council of the City of La Porte hereby makes the following appointments to the city of La Porte Planning and Zoning Commission, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chairman District 1 District 2 Pat Muston Doretta Finch 2006 2008 2006 Nick Barrera 6 District 3 District 4 District 5 District 6 Alternate 1 Alternate 2 Section 13. Kirby Linscombe, Jr. 2006 Dottie Kaminiski 2007 Paul Berner 2007 Claude Meharg 2008 Hal Lawler 2007 Les Bird 2008 The City Council of the City of La Porte hereby makes the following appointments to the Southeast Texas Housing Finance Corporation Board of Directors, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Director Patricia Muston 2006 section 14. The City Council of the City of La Porte hereby makes the following appointments to the Youth Advisory Council, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1 Shelby Barnett 2005 position 2 Hiba Haroon 2005 position 3 Chaise J. Merritt 2005 position 4 Laura J. Low 2005 position 5 Amanda Gass 2005 position 6 Brandy C. Hickey 2005 position 7 Clemea J. Donaldson 2005 position 8 Brandon C. Lunsford 2005 position 9 pierre N. Castillo 2005 position 10 LaSadra M. Hillman 2005 position 11 Margo R. Curette 2005 7 position 12 Marc R. Vanderbrink 2005 position 13 Carol Parmer 2005 position 14 Mia Parisi 2005 position 15 Taylor Ryan Rowan 2005 position 16 Ashley N. Weddle 2005 Section 15. The City Council of the city of La Porte hereby makes the following appointments to the zoning Adjustment, for terms expiring on August 31st of indicated, or until their successors shall have appointed and qualified: position 1 Board of the been year duly Sidney Grant 2007 Bob Capen 2007 Rod Rothermel 2007 Charles Schoppe 2007 George (Bill) W. Maltsberger 2007 Lawrence McNeal 2006 Gilbert Montemayor 2006 The City Council of the City of La Porte hereby appoints the following named persons, all of whom are resident electors of the City of La Porte or non-resident individuals owning or operating a business within the City of La Porte, duly verified by proof of an applicable tax statement or utility account for such business, and each of whom the City Council deems competent to serve on such Board by virtue of their experience and training in matters pertaining to building construction, and none of whom are employed by the city of La Porte, to serve as members of the Building Codes Appeals Board for terms expiring on August position 2 position 3 position 4 position 5 Alternate 1 Alternate 2 Section 16. 8 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1 Tom Campbell 2007 position 2 Terry Bunch 2007 position 3 Paul Larson 2007 position 4 Ron Holt 2007 position 5 Ken Schlather 2007 position 6 John Elfstrom 2007 position 7 Bruce Compton 2007 Section 17. The City Council of the City of La Porte hereby makes the following appointment to the Fire Fighters Pension Board of Trustees, to serve without term or until his successor shall have been duly appointed and qualified: City Council Representative *John Joerns 2007 Section 18. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this city Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. section 19. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. 9 Section 20. The city Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the city Council was posted at a place convenient to the pUblic at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code i and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 21. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 12th day of June, 2006. CITY OF LA PORTE By: Alton E. Porter, Mayor ATTEST: Martha A. Gillett City Secretary APPROVED: Clark T. Askins Assistant City Attorney 10 Ordinance with changes to Section 15 ORDINANCE NO. 2004-2782-X AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE, PROVIDING A SEVERABILITY CLAUSE, CONTAINING A REPEALING CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: . Indicates reappointment Section 1. The City Council of the city of La Porte hereby makes the following appointments to the Airport Advisory Board for the City of La Porte Municipal Airport, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1. - Debra Rihn position 2. - Nick Hooke position 3. - Hector Villarreal position 4. - Tucker Grant position 5. - Steve Gillett position 6. - Eliminated by City Council on 7/13/98 by Ord. 98-2265 2007 2007 2006 2006 2007 FAA Representative william Gray No Term Airline Representative - Dan Myhaver No Term Section 2. The City Council of the City of La Porte hereby makes the following appointments to the Board of Directors of the City of La Porte Reinvestment Zone Number One, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1 Peggy Antone 2007 position 2 Dave Turnquist 2006 position 3 Alton Porter 2007 position 4 Horace Leopard 2006 position 5 Doug Martin 2007 position 6 J.J. Meza 2006 position 8 Chester Pool 2006 The city council of the City of La Porte hereby ratifies the following appointments by La Porte Independent School District and Harris County: position 7 Dr. Say (LPISD) 2007 position 9 *Lindsay Pfeiffer (Harris Co.) 2007 Section 3. The City council of the City of La Porte hereby makes the following appointments to the Chapter 172 Employee Retiree Insurance and Benefits Committee, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: citizen position 1 Patricia Rothermel citizen position 2 Retiree Participant - Buddy Jacobs Employee Participant- Karen Beerman Finance Staff Michael Dolby H.R. Staff Robert Swanagan Legal Staff Clark T. Askins Section 4. The City council of the City of La Porte hereby makes the following appointments to the Fiscal Affairs Committee, without term, or until their successors shall have been duly appointed and qualified: 2007 2006 2008 No Term No Term No Term No Term Chairman Chuck Engelken Date Appointed 1998 2 committee Member - Barry Beasley 2004 committee Member - Howard Ebow 1998 Alternate Member - Louis Rigby 2004 Alternate Member - Tommy Moser 2004 section s. The City council of the city of La Porte hereby makes the following appointments to the Fire Code Review Board of the City of La Porte, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: District 1 District 2 District 3 District 4 District 5 District 6 At Large-A At Large-B Mayor Section 6. Tim Bird 2008 Jeff Brown 2006 Woodrow Sebesta 2006 Floyd Craft 2006 Jim Bridge 2006 Lester Clark 2008 Bryan Moore 2006 Paul Vige 2008 Lynn Green 2006 The City Council of the city of La Porte hereby following appointments to the La Porte Area Water for terms expiring on August 31st of the year or until their successors shall have been duly makes the Authority, indicated, appointed and qualified: position 1 Robert Roy 2007 position 2 Dennis H. Steger 2007 position 3 Steve Valarius 2007 position 4 Chester Pool 2006 3 position 5 Paul Berner 2006 Section 7. The City Council of the city of La Porte hereby appoints the following named persons, all of whom are residents of the City of La Porte, and no more than four of whom are elected city officials or city employees, to serve as directors of the City of La Porte Development Corporation without compensation, but with reimbursement for actual expenses, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chuck Engelken 2007 Mike Clausen 2006 Tommy Moser 2007 Bill Love 2006 Ed Matuszak 2007 Pat Muston 2006 Deborah Johnson 2007 Section 8. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Health Authority, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Health Authority Abdul R. Moosa, M.D. 2008 Alternate Robert D. Johnston, M.D. 2008 Medical Advisor/EMS Oscar Boultinghouse Contract Section 9. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Redevelopment Authority, for terms expiring on August 31st of the year 4 indicated, or until their appointed and qualified: position 1 position 2 position 3 successors shall have been duly makes the Peggy Antone 2007 Dave Turnquist 2006 Alton Porter 2007 Horace Leopard 2006 Douglas Martin 2007 J.J. Meza 2006 Dr. Say 2007 Chester Pool 2006 *Lindsay R. Pfeiffer, Chairman2007 The City Council of the City of La Porte hereby following appointments to the Main Street District an "ad hoc" committee, without term, or until their position 4 position 5 position 6 position 7 position 8 position 9 Section 10. Committee, successors shall have been duly appointed and qualified: position 1 Bill Manning, Chairman No Term position 2 Robert Schlenk, Vice Chairman No Term position 3 Deborah Johnson No Term position 4 Douglas Martin No Term position 5 vicki Campise No Term position 6 Paul Berner No Term position 7 Pat Muston No Term position 8 Gloria Lair No Term position 9 Brenda Brown No Term Section 11. The city Council of the City of La Porte hereby makes the following appointments to the Main Street Advisory Board, a new Board required by the Texas Historical Commission, 5 for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1- Deborah Johnson 2008 position 2- vicki Campise 2008 position 3- April Crone 2008 position 4- Bill Manning 2006 position 5- Jerry Carpenter 2006 position 6- Gerald Metcalf 2006 position 7- Paul pierre 2006 position 8- Michaelyn Dunaway 2007 position 9- Claire Zaborowski 2007 position 10 Jan Lawler 2007 position 11 Lawrence McNeal 2007 There are also three (3) Ex Officio members of this Board: 1 the City of La Porte's Main street Coordinator 2 the City Manager of the City of La Porte, or her designee 3 the Manager of the La Porte-Bayshore Chamber of Commerce Section 12. The city Council of the City of La Porte hereby makes the following appointments to the City of La Porte Planning and Zoning Commission, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chairman District 1 District 2 Pat Muston Doretta Finch 2006 2008 2006 Nick Barrera 6 District 3 District 4 District 5 District 6 Alternate 1 Alternate 2 Section 13. Kirby Linscombe, Jr. 2006 Dottie Kaminiski 2007 Paul Berner 2007 Claude Meharg 2008 Hal Lawler 2007 Les Bird 2008 The City Council of the City of La Porte hereby makes the following appointments to the Southeast Texas Housing Finance Corporation Board of Directors, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Director patricia Muston 2006 Section 14. The City Council of the City of La Porte hereby makes the following appointments to the Youth Advisory Council, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1 Shelby Barnett 2005 position 2 Hiba Haroon 2005 position 3 Chaise J. Merritt 2005 position 4 Laura J. Low 2005 position 5 Amanda Gass 2005 position 6 Brandy C. Hickey 2005 position 7 Clemea J. Donaldson 2005 position 8 Brandon C. Lunsford 2005 position 9 pierre N. Castillo 2005 position 10 LaSadra M. Hillman 2005 position 11 Margo R. Curette 2005 7 position 12 Marc R. Vanderbrink 2005 position 13 Carol Parmer 2005 position 14 Mia Parisi 2005 position 15 Taylor Ryan Rowan 2005 position 16 Ashley N. Weddle 2005 Section 15. The City Council of the city of La Porte hereby 2007 2007 2007 2007 2007 2006 2006 The City Council of the City of La Porte hereby designates , of position , to serve as Chairman of the Zoning Board of Adjustment until the expiration of the member's term of appointment as designated in this section, or until their successor shall have been duly appointed and qualified. Section 16. The city Council of the City of La Porte hereby appoints the following named persons, all of whom are resident electors of the City of La Porte or non-resident individuals owning or operating a business within the City of La Porte, duly verified by proof of an applicable tax statement or utility makes the following appointments to the Zoning Adjustment, for terms expiring on August 31st of indicated, or until their successors shall have appointed and qualified: position 1 Sidney Grant position 2 Bob Capen position 3 Rod Rothermel position 4 Charles Schoppe position 5 George (Bill) W. Maltsberger Alternate 1 Lawrence McNeal Alternate 2 Gilbert Montemayor 8 Board of the been year duly account for such business, and each of whom the City Council deems competent to serve on such Board by virtue of their experience and training in matters pertaining to building construction, and none of whom are employed by the city of La Porte, to serve as members of the Building Codes Appeals Board for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1 Tom Campbell 2007 position 2 Terry Bunch 2007 position 3 Paul Larson 2007 position 4 Ron Holt 2007 position 5 Ken Schlather 2007 position 6 John Elfstrom 2007 position 7 Bruce Compton 2007 Section 17. The city Council of the City of La Porte hereby makes the following appointment to the Fire Fighters Pension Board of Trustees, to serve without term or until his successor shall have been duly appointed and qualified: city Council Representative *John Joerns 2007 Section 18. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this city Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, 9 sentence, phrase or clause, or part thereof, may be declared invalid. Section 19. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. Section 20. The city council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the city council was posted at a place convenient to the public at the city Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 21. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 12th day of June, 2006. CITY OF LA PORTE By: Alton E. Porter, Mayor ATTEST: Martha A. Gillett City Secretary APPROVED: Clark T. Askins Assistant City Attorney 10 ---------------- E Department: QUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested Appropriation Requested By: Source of Funds: Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Staff Comments Amount Requested: Exhibits: Excerpts from the Retail Site Determination Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION A representative from Buxton will be at the June 12 workshop. They will review the information generated for the three intersections selected. o State Highway 146 @ Fairmont Parkway o Bay Area Blvd. @ Spencer Highway o Canada Road @ Fairmont Parkway The next step will be to select one of the sites for the next phase of the project. Please note that the recommendation by Buxton is strictly based on the market characteristics and the retail potential as determined by their analysis. Their recommendation does not take into consideration limitations related to cost, environment, engineering, infrastructure, ownership, land availability or any weighting given to traffic counts. Staff has provided comments regarding the three sites and the analysis to date. Excerpts from the study are included in your material. The full report with appendices is available in the Council's mail room or upon request. Action Reauired bv Council: To provide direction regarding selection of one intersection for completing the study. Approved for City Couucil A2enda .~ & -0 -IJU; Date Comments/Considerations Regarding Buxton Retail Site Determination Site 3 (Canada road @ Fairmont Parkway) o The first analysis of Site 3 is based on Canada Road as it exists today. o A supplemental analysis of site 3(a) assumes Canada Road as opened through to Geneoa Red Bluff o For each of these analyses there are a number of households whose shopping profiles may be met at other existing locations that may be closer in drive time i.e. Beltway 8 and Fairmont Parkway, Baybrook Mall, and Almeda Mall. Ifthis is the case then the analysis for site 3 & 3a may be overstated (and possibly the same for site 1 & 2 to a lesser degree). OWe asked Buxton if this could be estimated. Buxton noted that this effort to look at duplication/cannibalism will be addressed in the next phase as individual retailers are looked at for their potential. o Total commercial area at this intersection is 34 acres; 16 acres to the East and 18 acres to the West of Canada Road. The 18 acre site and another site to the northwest is hampered by a pipeline crossing the properties. o The City's proposed 33 acre park makes up the remaining open acreage. o The area is completely built out. No more land available for conventional subdivisions. ETJ is to the south of Fairmont Parkway, which is an industrial in nature or owned by the Harris County Flood Control District, or the site of the proposed joint venture sports complex with Pasadena. o However, for discussion purposes comments regarding site 3 segments are: o The following segments were only found at site 3 - (noting that the western boundary of 1 and 2 is very similar) · 22 young influentials · 30 suburban sprawl · 39 domestic duos · 52 suburban pioneers Added up these account for 5,770 households - if the needs ofthese segments are met at Beltway 8 and Fairmont (can we tell?) - then will they drive past Beltway 8 or drive further to get to site 3? - If not, would we not need to conceptually subtract these form site 3? Likewise-segments not in 1 but in 2 - (must be at more westerly end of site 2) · 15 pools and patios · 36 blue chip blues · 44 new beginnings These added up another 4,149 - as above - if needs are satisfied at Beltway 8 would they drive past Beltway 8 or drive further to site 3? If 100% of the needs are met at Beltway 8 this translates to a reduction of9,919 households. If 50% then 4,960 etc. Site 2 (Bay Area Boulevard @ Spencer Highway) o There is approximately 40 acres commercial/retail site available at this intersection. o Location of new Police Department building and future Municipal Courts will generate more traffic and may provide extra support to this trade area. o Based on prevailing winds, site is upwind from an industrial area. Site 1 (State Highway 146 @ Fairmont Parkway) o Currently, this site is viewed as a location to promote commercial activity (La Porte Comprehensive Plan) o There are approximately 100 acres of commercial/retail land at this location. o 70% of the land is occupied by the major commercial/retail, 30% is available for potential commercial/retail, business purposes. o Some of the area is within the TIRZ boundaries which may enhance opportunity for incentives relating to infrastructure. o The traffic counts on Fairmont Parkway are 24, 217i. and on SH 146 are 56,500. o Based on prevailing winds, site is downwind from an Industrial area. o New development (households) is planned within site 1 polygon. o Lakes at Fairmont Greens - 411 homes o Preserve at Taylor Bayou - 180 apartments, 56 homes o Retreat at Bay Forest - 28 homes t_ I I I I I I I r- i;j Recommendations and Conclusions ........................................................................ I Selecting La Po rte' s Retail Site ..................... ........... ..................................................2 Retail Site I Analys is .................................................................................................... 3 Retai I Site 2 Analys is..................... ........................ .......................................................5 Retai I Site 3 Analysis ..................................................................... ......... ...................... 7 Site Com pari son ........................................................................................................... 9 Bri ef Segm ent Descri pti ons.............. ...................................................... ................. I 0 Appendix A: Retail Trade Potential Appendix B: Demographic Report - Buxton Comn1uni~/D $taff Chip Rodgers, Assistant Vice President-Eastern Region, crodgers@buxtonco.com - Chris Briggs, CommunitylD Manager/Senior GIS Analyst, cbriggs@buxtonco.com Scott Place, GIS Analyst, splace@buxtonco.com .~ All Buxton personnel may be reached by phone at 817.332.3681 - II II II .- ~ - I f - I I Buxton has I"eviewed the three sites provided by the City of La Porte Oil the basis of retail recruitment potential. This Retail Site Oetemlinationbooklet features maps of each site's trade area and an analysis contributing to this ,"ecoh,ri1~rrcfufi'on. I Buxton has selected Site 3 (Canada Rd & Fairmont Parkway) as having the best overall retail trade potential. While all three sites share similar psychographic profiles, Site 3 has more households than the other two trade areas, a higher count of dominant segments in its trade area and a larger pool of buying power. Although Site I has higher traffic counts, Site 3 surpasses all other sites with an estimated retail trade potential value in excess of $2.1 billion dollars. I I I This recommendation is based on the market characteristlcs'and retail potential of the sites studied. This recommendation does not take into' conskWrcttion limitations related to cost, " '~, '-:'." !'~(~' environment, engineering, infrastructure or ownership." ; ',:' ' _~ C.ll'.,. \_) I Buxton Recommends -\1) ~_) Site 3 - Canada,.Rd & Fairmant:Ff,~!d(way I ~ I :'CL'.\ /'i I ~j); (( , i J Ll'\.~ '--~'~C1jl" n: ,\"l> vhell I ii' t;1:: <;..(,f ,..,!i\ L1UL-; i.l; I ,;, ,"- ,"Y\", l?"', I V'cit ., (:rs ,1 l!))t I H); ',' '..~i.' Ul(:11 - I 1 I To begin the CommunityJD process, the City of La Porte selected three sites to be analyzed and ranked for possible retail development or revitalization. The locations of the three sites are shown on the opposite page. The next task for the sponsoring organization is to select one of the three sites for a more detailed analysis and determination of retail firms that will best match the consumers in La Porte's trade area. To aid in the decision-making process to select the best site, Buxton has ranked the retail potential of the three sites based on the following analyses: . A twelve minute drive-time trade area was delineated for each site . The customers in each trade area were segmented according to buying habits and lifestyles . A profile of La Porte's customers within each of the three trade areas was developed . The retail demand for more than 400 products and services was determined for each potential trade area - The purpose of these analyses is to develop La Porte's Customer Profile. The Customer Profile is a snapshot of the customers that reside in La Porte's trade area. Even though these consumers are complex and diverse, Buxton is able to capture and catalogue the extent to which potential demand for retailer's goods and services are concentrated in the trade area. By overlaying La Porte's Customer Profile with over 4,500 retail matching profiles in Buxton's proprietary database, we are able to identify major categories of retail that are candidates for location in La Porte. This matching provides the basis for determining La Porte's viability to attract retailers and restaurants and forms the basis for Buxton's recommendations and conclusions. With this analysis and Buxton's recommendations, the City of La Porte can make a more informed decision about investments in infrastructure and can focus resources on areas of higher retail development potential. 2 I Ii - I I Drive- Time Trade Area The map on the opposite page depicts the trade area for Site i The trade area consists of a twelve-minute polygon, determined by Buxton's proprietary drive-time technology. I Psychographies The psychographic profile of the households within a twelve-minute drive-time of Site is presented below. I I Trade Area Segmentation 1_ SH 146 & Fairmont Parkway I 14% I 2!% 18% ISO;' 12% II 9% ~. 6% II U% , ,I > , 12) 4561 a? 1011 11\3 1415 16\7 \819201l2213241516271811f163131nJ4]53631383940414243 44454641484'5051 51535455 S65158596661 6263646566 II Dominant Segments A segment that represents at least three percent of a trade area is a dominant segment. Following is a description of the dominant segments for Site I. III Dominant Segments Description Households % of All Households A.. 3 MOVERS & SHAKERS 1,232 4.19% 6 WINNER'S CIRCLE 1,168 3.91% \2] BRITE LITES, L1'L CITY 986 3.36% 17 . BELTWAY BOOMERS 964 3.28% 18 KIDS & CUL-DE-SACS 2,744 9.34% 19 HOME SWEET HOME 2,682 9.13% 24 UP-AND-COMERS 1,027 3.49% 63 FAMILY THRIFTS 1,049 3.57% I III I II II II 3 . n Site " r't Retail Trade Potential The following table outlines the estimated dollar potential available in major retail categories by consumers located within the trade area for Site I: Consumer Variable - Major Categories Total Estimated Dollars Food at Home $178,686,220 Food Away from Home $170,580,420 Alcoholic Beverages $41,834,480 Smoking Products & Supplies $25,642,940 Personal Care Products & Services $29,966,740 Day Care $12,026,560 Household Furnishings & Services $216,924,580 Housing Expenses $40,633,240 Apparel $145,538,790 Sports & Recreation $43,796,170 Miscellaneous $89,378,930 Education $41,411,610 Automotive $278,612,500 Health Care $120,227,790 TOTAL $1,435,260,970 The following table presents the trade potential variables for Site I: Trade Potential Variables Site I Estimated Household Count 29,386 Number of Households in Dominant Segments 11,852 Traffic Count 24,217 Esti mated Retai I Potential $ 1,435,260,970 4 I I - I /~:p~ !t~'rrl,j iifo..\. \Uj' ~! ~~. . , ' '."\'~~: La Porte, Texas: Trade Area _. :lEi,'s GLA.. in (housjnds C 12 Minute Drive T:fi10 L 'S Shopping Centers i\;i}t)+ * Site 2 r- CommunitylD SOCi ~G j :)(l) I L I I DriveE Time Trade Area The map on the opposite page depicts the trade area for Site 2. The trade area consists of a twelve-minute polygon, determined by Buxton's proprietary drive-time technology. I Psychographies The psychographic profile of the households within a twelve-minute drive-time of Site 2 is presented below. I Trade Area Segmentation I 1_ Bay Area Blvd & Spencer Highway 14% 21% I 181f. 151f. 12% I 91ft , " I 1 1 4 S 6 1 B 9 10 II 11 B 1415 16 17 18 19 10 11 22 232425 H 2113 29 HI 31 32 B J4 15 l6 11 n 19 411 41 42 4] 44454641 48 49 SO 51 H 53 54 55 56 H S8 59 60 61 626] 64 65 66 6'1. r 00/. I Dominant Segments A segment that represents at least three percent of a trade area is a dominant segment. Following is a description of the dominant segments for Site 2. I I Dominant Segments Description Households % of All Households 3 MOVERS & SHAKERS 1,269 3.93% 6 WINNER'S CIRCLE 1,339 4.14% 15 POOLS & PATIOS 1,122 3.47% 17 BElTWAY BOOMERS 1,579 4.88% 18 KIDS & CUL-DE-SACS 3,559 11.01% 19 HOME SWEET HOME 3,419 10.58% 36 BLUE-CHIP BLUES 1,505 4.66% 44 NEW BEGINNINGS 1,429 4.42% I I , , 5 , Retail Trade Potential The following table outlines the estimated dollar potential available in major retail categories by consumers located within the trade area for Site 2: Consumer Variable. Major Categories Total Estimated Dollars Food at Home $197,711,830 Food Away from Home $185,146,950 Alcoholic Beverages $45,023,600 Smoking Products & Supplies $29,90 l, 180 Personal Care Products & Services $32,446,920 Day Care $13,009,690 Household Furnishings & Services $231,803,050 Housing Expenses $44,177,640 Apparel $157,307,500 Sports & Recreation $46,577,940 Miscellaneous $95,048,380 Education $43,767,180 Automotive $302,264,500 Health Care $129,102,290 TOTAL $1,552,478,650 The following table presents the trade potential variables for Site 2: Site 2 Trade Potential Variables Estimated Household Count 32,324 Number of Households in Dominant Segments 15,221 Traffic Count 19,788 Estimated Retail Potential $1,552,478,650 6 II -- - I J J I .........., ........., I L I .> :.... .~l\:;:' '.~ I Drive~ Time Trade Area The map on the opposite page depicts the trade area for Site 3. The trade area consists of a twelve-minute polygon, determined by Buxton's proprietary drive-time technology. I Psychographies The psychographic profile of the households within a twelve-minute drive-time of Site 3 is presented below. I Trade Area Segmentation I I c=J Canada Rd & Fairmanl Parkway HIt. 11~1 I 18% ISY. 12% 9Y. I ,~, BY. I 2 ) 4 S 6 1 8 , 10 IJ 12 Jl 14 IS 16 11 II If 20 2121 B 14 B 26 21 18 2t 30)131 3l H JS 16 H 3B 19 40 41 n 4344 4S H 41 48 H SO 5152 5J 54 55 56 51 H 59 '" 61626) 64 65 66 r I Dominant Segments A segment that represents at least three percent of a trade area is a dominant segment. Following is a description of the dominant segments for Site 3. I I Dominant Segments Description Households % of All Households 3 MOVERS & SHAKERS 2,088 4.56% 6 WINNER'S CIRCLE 2,274 4.96% 15 POOLS & PATIOS 1,671 3.65% 17 BElTWAY BOOMERS 2,232 4.87% 18 KIDS & CUL-DE-SACS 4,978 10.86% 19 HOME SWEET HOME 4,809 10.49% 22 YOUNG INflUENTIALS 1,415 3.09% 30 SUBURBAN SPRAWL 1,495 3.26% 36 BLUE-CHIP BLUES 2,449 5.34% 39 DOMESTIC DUOS 1,412 3.08% 44 NEW BEGINNINGS 4,085 8.91% 52 SUBURBAN PIONEERS 1,448 3.16% I I I I I 7 I I -.1 I The following table outlines the estimated dollar poten1:ial available In majo;- ,-etail catego,-ies by consumers located within the trade area for Site 3: Consumer Variable $ .& l'~, F J n H '"J''' <> V "I'" Food at Home I $275,578,300 Food Away from Home $259,241,380 Alcoholic Beverages $63,211,810 Smoking Products & Supplies $4 t , 194,280 Personal Care Products & Services $45,070,550 Day Care $17,781,550 Household Furnishings & Services $317,560,970 Housing Expenses $61,452,790 Apparel $216,643,740 Sports & Recreation $63,754,080 Miscellaneous $130,810,680 Education $60,721,110 Automotive $419,697,420 Health Care $180,3 11,300 TOTAL $2,153,029,960 I ~ The following table presents the trade potential variables for Site 3: Trade Potential Variables Site 3 Estimated Household Count 45,835 Number of Households in Dominant Segments 30,356 Traffic Count 23,661 Estimated Retail Potential $2,153,029,960 - 8 II [I II II II II II I - ~ r I .jl r Community/D o,.~'~ .~ . -.:. ""- . ....... _........~<><-",,"'~---=~==-..=..,'"'~""""-""""",....~-""-"'=='"'=~~"'="""-~_.""=="'-......-=,..===---=,..^=-=""" Site 3 An<l'ysis: Canada Rd & F rmont way Projt'cted Projected Drive-Time Trade Area The map on the opposite page depicts the trade area for Site 3 with the Canada Rd extension. The trade area consists of a likely twelve-minute polygon. Psychographies The psychographic profile of the households within a projected twelve-minute drive-time of Site 3 is presented below. Trade Area Segmentation 1_ (..ada Rd & fairmonr Parkway 24'10 ..-------- - _______________m___ __m___ ______ _______u_______ 11'10 18'10 15'10 11'10 90A ----~-------------~------------_._------------ , " I I 1234567 B 910111213141$1611IBI9101112lJ1415261728H3011HBH3S3637l839404rH4JH(S46474B495Cl~111B5.f555651585960616261646566 _. 1% 0'10 Dominant Segments A segment that represents at least three percent of a trade area is a dominant segment. Following is a description of the dominant segments for Site 3's projected drive time. Dominant Segments Description Households 'it of All Households I UPPER CRUST 1,930 3.13% 2 BLUE BLOOD ESTATES 2,093 3.40% 3 MOVERS & SHAKERS 3,621 5.88% 6 WINNER'S CIRCLE 4,091 6.65% 17 BELTWAY BOOMERS 2,370 3.85% 18 KIDS & CUL-DE-SACS 5,487 8.91% 19 HOME SWEET HOME 5,145 8.3 6% 22 YOUNG INFLUENTIALS 1,955 3.18% 30 SUBURBAN SPRAWL 1,855 3.01% 36 BLUE-CHIP BLUES 2,772 4.50% 44 NEW BEGINNINGS 4,745 7.71% - 1 ~. i CommunitylD -0' L:" "'0 ,: . ....,:. ~~~. .......,." Site 3 Ana1Y~15 (( fmtinuf'd Retail Trade Potential The following table outlines the estimated dollar potential available in major retail categories by consumers located within the projected trade area for Site 3: Consumer Variable - Major Categories Total Estimated Dollars Food at Home $373,367,970 Food Away from Home $360,248,910 Alcoholic Beverages $88,327,370 Smoking Products & Supplies $52,192,600 Personal Care Products & Services $63,114,140 Day Care $25,685, II 0 Household Furnishings & Services $458.643,340 Housing Expenses $85,392,650 Apparel $3 12,632,430 Sports & Recreation $94,311,550 Miscellaneous $189.912,1/0 Education $92,410.190 Automotive $591,416.210 Health Care $252,143,480 TOTAL $3,039,798,060 - The following table presents the trade potential variables for Site 3 after the Canada Rd extension opens: Trade Potential Variables Estimated Household Count 61,564 Number of Households in Dominant Segments 36,064 Traffic Count 23,661 Estimated Retail Potential $3,039.798.060 Source: Claritas, Inc. PRIZM@ NE. @ 2006 _. 2 - '- I I Trade Area Segmentation This side by side comparison of the three trade areas shows the composItIons and characteristics of the households to be Vel"Y similar. This is not uncommon and is expected when the three sites are within close proximity of one another. I I Trade Area Comparison 1_ SH 146 & Fail1Tllnt Parkway _ Bay Area Blvd & Spencer Highway D Canada Rd & Fail1Tllnt Parkway I 14% 11% I 18% 15% 11% I 9% 6% (- 0% , , I 1 3 4 5 6 1 8 9 1011 1113141\16 JJ 18 1910 II111J 141516171819 JO Jill]] l4 J5 36 J1 J8 39 40 41 414344 4546 -r1 48 49 50 51ll5J 5455 5657 58 59 60 61 616J 64 65 66 I 12-Minute Trade Area Statistics with Trade Area Rank I Trade Potential Variables Site 1 Site 2 Site 3 Estimated Household Count 29,386 (3) 32,324 (2) 45,835 < 1 > II Number of Households in Dominant Segments T raffle Count 11,852 (3) 15,221 (2) 30,356 <I> I 19,788 (3) 23,661 (2) I $1,552,478,650 (2) $2,153,029,960 <I> I JOf,s }AI- ~c-U(!/ ~ If ) lfb 1- I 9 I