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HomeMy WebLinkAboutO-2013-3470 condemnation/structure at 402 Bay Oaks RdORDINANCE NO.©�� V AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 2, LT 9, BAY OAKS, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT JESUS & BLANCA VILLARREAL ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and X13 Ordinance No. ~ O Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located at BLK 2, LT 9, BAY OAKS which is further described as 402 BAY OAKS RD., Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82-473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, dated SEPTEMBER 10, 2012 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, JESUS & BLANCA VILLARREAL, whose address is 4510 NATURAL BRIDGE DR., KINGWOOD, TX 77345-1031 that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on NOVEMBER 12, 2012, at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, and after holding said NOVEMBER 12, 2012 hearing additional notice was sent advising that said hearing was continued to FEBRUARY 25, 2013 at which time the Council would hear further evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on POST OFFICE RETURNED AS "UNCLAIMED" ON OCTOBER 31, 2012A date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; that the November 12, 2012 public hearing was continued for three months, to February 25, 2013, at which time the hearing was concluded; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and Ordinance No. Page 3 WHEREAS, City Council entered its order on FEBRUARY 25, 2013 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of LaPorte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3, The City Council hereby finds, determines and declares such building(s) to be a public nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that JESUS & BLANCA VILLARREAL, who resides at 4510 NATURAL BRIDGE DR., KINGWOOD TX 77345-1031 and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said JESUS & BLANCA VILLARREAL have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said JESUS & BLANCA VILLARREAL to entirely remove or demolish such building(s), and further orders the said JESUS & BLANCA VILLARREAL to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within forty-five (45) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more Ordinance No. Page 4 conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property (the said JESUS & BLANCA VILLARREAL) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said JESUS & BLANCA VILLARREAL, not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within forty-five (45) days after hereof, then the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said JESUS & BLANCA VILLARREAL, record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said City shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. aol 3 - Ordinance No. Page 5 Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the ,:�:91,�day of 2013. ATTEST: Patrice Fogarty, 6ecretao t APPROVED: Clark T. Askins, Assist. City Attorney CITY OF L By: (,-� uis R.'g y, Mayor ACTION OF CITY COUNCIL On this, they Y da of �"-�' ��1� �_��1 � ���� i '` the City Secretary of the City of La Porte, having received the above and foregoing report from the Dangerous Building Inspection Board of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of the City's Code of Ordinances Article VIII, Section 82-478. CITY C M- A TEST: Patrice Fogarty6* Secregry CITY SECRETARY'S CERTIFICATE I hereby certify that on the Q 5 day of M a - , ail/3, I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with City's Code of Ordinances Article VIII, Section 82-479. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. Jr Patrice Fogarty, C, NfMC City Secretary SACity Planning Share\04-INSPECTIONS DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\Action by City Council Form.doc City of La Porte DANGEROUS. BUILDING INSPECTION FORM DATE: 9-10-12 STREET ADDRESS: 402 BAY OAKS RD OWNER' JESUS & BLANCA VILLARREAL - 4510 NATURAL BRIDGE DR - GWOOD, TX 77345-1031 DEED OWNER' JESUS & BLANCA VILLARREAL - 4510 NATURAL BRIDGE - KINGWOOD, TX 77345 LEGAL: BLK 2 LOT 9 BAY OAKS OCCUPANCY TYPE: . RESIDENTIAL ZONING: R-1 NON -CONFORMING ISSUES: NONE FACILITIES AVAILABLE: WATER Y SEWER Y ELECTRICAL: Y GAS: Y NO.OF DWELLING UNITS: 1 VACANT: Y OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; . 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Form Page 2 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #1: (REPAII2ABLE — RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS, THE 2009 INTERNATIONAL RESIDENTIAL CODE AND THE 2011 NATIONAL ELECTRICAL CODE, AS ADOPTED AMENDED AND ENACTED BY CITY ORDINANCES #3293 AND #3388. USING THE REGULATIONS AND CODE AS ITS GUIDE, IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS, BUT STILL REPAIRABLE. ALL REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII, SECTION 82-478, IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. X BUILDING OFFICIAL'S OFFICE DATE X0 �� FIRE SHAL'S OFFICE DATE X // W &� FIRE CHIEF'S OFFICE DATE Dangerous Building Inspection Form Page 3 A. Electrical BUILDING EVALUATION CHECKLIST A = Adequate D = Deficient N/A = Not Applicable UNK = UNKNOWN I. STRUCTURAL & Panel COMMENT / EXPLANATION A. Foundation 2. Wiring D 1. Slab D REAR ADDITION - CRACKS 2. Pier & Beam 4. Outlets D a. Footings D UNEVEN SETTLING: WALL SEPARATION b. Sills D SOME MISSING c. Joists D SOME MISSING B. Walls a. Sink D 1. Exterior D WALL SEPARATION 2. Interior D SOME C. Means of Egress d. Tub/Shower D 1. Doors e. Water Heater D a. Interior D MISSING b. Exterior D BOARDED UP 2. Porches, Steps, & Vent D Stairs A N/A 3. Windows D BOARDED UP D. Roof C. Heating & A/C 1. Rafters D SOFFITT / FACIA DAMAGE 2. Deck, Shingles A N/A E. Ceilings OUTSIDE UNIT: NO DUCTS 1. Joists D SAG 2. Ceiling D NO SHEETROCK / INSULATION F. Floors D MISSING /DAMAGED G. Other 3. Other H. MEHCANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel D NO BREAKERS 2. Wiring D NO WIlUNG 3. Lights, Switches D NO WIRING 4. Outlets D NO WIRING 5. Other B. Plumbing 1. Fixtures a. Sink D NONE b. Lavatories D NONE c. Water/Closets D NONE d. Tub/Shower D NONE e. Water Heater D NONE 2. Water Piping D NONE 3. Drain, Waste & Vent D NONE 4. Sewer/Septic tank UNK UNABLE TO INSPECT 5. Gas System UNK UNABLE TO INSPECT C. Heating & A/C 1. Heating 2. Air Conditioning . D OUTSIDE UNIT: NO DUCTS III. PROPERTY CONDITIONS 1. Accessory Structures N/A N/A 2. Condition of Grounds D WEEDS 3. Other Comments: CODE ENFORCEMENT CASES (6) SINCE 2000 SACity Plannine Share\ALPHA-1101-INSPECTIONS DIVISION1A11 Other Stuff ode Enforcement\Dan Buildin s\2012 DANG BLDG12012 402 Bay Oaks Rd Dane Bldg Insp Fonn.doc