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HomeMy WebLinkAboutORD 25-004ORDINANCE NO.25-004 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO.24-043, TO ALLOW AN EXTENSION TO COMPLY WITH CONDITIONS AND DECLARING THE STRUCTURE LOCATED AT 328-338 BOWIE AND 486-498 PEARL STREET, ALSO KNOWN AS "THE GILBERT BUILDING," TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND REMOVAL AS A CLEAR AND PRESENT IMMINENT DANGER TO PUBLIC SAFETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the structure at 328-338 Bowie and 486-498 Pearl Street, also known as "The Gilbert Building" in the City of Beaumont has been inspected by the Building Codes Division and found to be an unsafe structure as defined by the City of Beaumont's Code of Ordinances Chapter 24, Article 24.04 Unsafe Substandard Strictures as well as Section 111.1.5(3) of the 2021 International Property Maintenance Code; and, WHEREAS, this structure was damaged by fire constituting a clear and present imminent danger to said property and the public safety; and, WHEREAS, a licensed engineer has determined the building is structurally unsound and should be demolished; and, WHEREAS, on August 20, 2024, City Council granted an extension with the following conditions: 1. The exterior walls, roof and elevated floors shall be restored to their original structural capacity, as identified by a structural engineer registered in the State of Texas and completed within one hundred fifty (150) days, no later than January 10, 2025. The property owner shall obtain all applicable permits. Requests for extensions of time shall be reviewed by the City Council. 2. The property owner shall submit a restoration progress report to the Building Official every sixty (60) days to ensure substantial progression occurs until the building complies with all codes and ordinances. The property owner shall appear before the City Council on the next available agenda alter January 10, 2025, to report any findings or progress during restoration of the Gilbert Building and disclose intent to make all necessary repairs to comply with the 2021 International Property Maintenance Code. 3. The property owner shall render payment to the City of Beaumont, within ten (10) days of the date of this order, for reimbursement for the use of thirty-four (34) water wall barricades for 328 Bowie Street, the Gilbert Building, in the amount of $12,320.00. The property owner will pay all invoiced amounts for the continued use of said barricades; and, WHEREAS, as of December 19, 2024, the property owner has communicated with staff that the restoration project for the structure at 328-339 Bowie and 486-498 Pearl Street, also known as "The Gilbert Building" will not meet the January 10, 2025 deadline set by Ordinance No. 24-043; and, WHEREAS, staff recommends approval of an extension to April 23, 2025 to allow the property owner additional time to comply with the following conditions: 1. The exterior walls, roof and elevated floors shall be restored to their original stiuctuual capacity, as identified by a structural engineer registered by the State of Texas and completed no later than April 23, 2025. The property owner shall obtain all applicable permits. 2. The property owner shall appear before the City Council at the March 11, 2025 meeting, to report on the progress of the project and disclose intent, plans, and timeline to make all necessary repairs to bring the building into fill compliance with the 2021 International Property Maintenance Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 1. After a public hearing, the structure located at 328-33 S Bowie and 486-498 Pearl Street, also known as "The Gilbert Building" is hereby found to be a public nuisance in that said building violates Chapter 24, Article 24.04 of the Code of Ordinances of the City of Beaumont and is for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitazy condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Chapter 24, Article 24.04 Unsafe Substandard Strictures of the Code of Ordinances of Beaumont, Texas as well as Section 111.1.5(3) of the 2021 International Property Maintenance Code, it is hereby ordered that the owner or owners of the above -described building comply with the conditions of this ordinance. if the property owner(s) fail(s) to comply with any of the above conditions within the prescribe tinneframe, Council orders that the property be demolished without further notification to the property owner(s) or City Council action and assess the expenses of such demolition as a lien on the property as allowed by Texas Local Government Code, Section 214.0011(f). Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1,01,009 of the Code of Ordinances of Beaumont, Texas. Section 6. This ordinance shall become effective from and after its passage. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of January, 2025. 1 �. �....3 - J ..