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City Council

Regular Meeting

Bossier City, LA · May 11, 2021

AgendaMinutes

Minutes

PROCEEDINGS OF THE ADMINISTRATIVE COURT OF BOSSIER CITY STATE OF LOUISIANA TAKEN AT A REGULAR MEETING MAY 11, 2021 The Administrative Court of the City of Bossier City, State of Louisiana, met in Regular session in Council Chambers, 620 Benton Road, Bossier City, Louisiana, May 11, 2021, at 3:30 PM. Invocation was given by Council Member Jeffery Darby Pledge of Allegiance led by Council Member Don Williams Roll Call as follows: Present: Honorable, Chairman Don Williams, Honorable Councilors Jeffery Darby, and Thomas Harvey (taking place of Scott Irwin) Absent: Mr. Irwin Also Present: Assistant City Attorney, Gordon Mosley and Acting City Clerk, Jennifer Emert By: Mr. Darby Motion to approve minutes of the April 13, 2021, Administrative Court proceedings. Seconded by Mr. Harvey No comment Vote in favor of motion is unanimous By: Mr. Darby Motion to approve Agenda. Seconded by Mr. Harvey No comment Vote in favor of motion is unanimous Agenda Item called – Hearing to review the recommendation of removal of a dilapidated structure located at 2316 Walnut Street, Bossier City, LA Property Standards Director Roger Voet went over condition of property and steps leading up to this hearing. City appointed attorney to represent the property owner Gahagan Pugh, 333 Texas Street, Suite 2100, Shreveport, LA stated he tried to track owners down but he heard no response from any of the letters he sent out. No property owners present at meeting. By: Mr. Darby Motion to proceed with demolition as soon as legally possible. Seconded by Mr. Harvey No further comment Vote in favor of motion is unanimous There being no further business the meeting was adjourned at 3:35 PM ___________________________________ Phyllis McGraw, City Clerk

Agenda

AGENDA Administrative Council Meeting 3:30 PM - Tuesday, May 11, 2021 City Council Chambers, Bossier City Hall 620 Benton Road, Bossier City, Louisiana Page I. CALL TO ORDER II. INVOCATION BY: SCOTT IRWIN III. PLEDGE OF ALLEGIANCE BY COUNCIL MEMBER DON WILLIAMS IV. ROLL CALL V. APPROVE MINUTES 2 1. Approve minutes from the April 13, 2021, Administrative Council Hearing and dispense with the reading. Untitled VI. APPROVE AGENDA VII. NEW BUSINESS 3 - 25 1. Hearing to review the recommendation of removal of a dilapidated structure located at 2316 Walnut Street, Bossier City, LA Condemnation 2316 Walnut Street VIII. ANNOUNCEMENTS IX. ADJOURN Page 1 of 25 PROCEEDINGS OF THE ADMINISTRATIVE COURT OF BOSSIER CITY STATE OF LOUISIANA TAKEN AT A REGULAR MEETING APRIL 13, 2021 The Administrative Court of the City of Bossier City, State of Louisiana , met in Regular session in Council Chambers , 620 Benton Road , Bossier City, Louisiana , April 13, 2021 , at 3:30 PM. Invocation was given by Council Member Jeffery Darby Pledge of Allegiance led by Council Member Don Williams Roll Call as follows : Present: Honorable , Chairman Don Williams , Honorable Councilors Jeffery Darby, and Scott Irwin Also Present: Assistant City Attorney , Gordon Mosley and City Clerk, Phyllis McGraw By: Mr. Irwin Motion to approve minutes of the February 9, 2021 , Administrative Court proceedings . Seconded by Mr. Darby No comment Vote in favor of motion is unanimous By: Mr. Irwin Motion to approve Agenda . Seconded by Mr. Darby No comment Vote in favor of motion is unanimous Agenda Item called - Bl ight Hearing for 1710 Fox Street, Bossier City, LA By: Mr. Irwin Motion to declare the items junk and give property standards approval to clean up - suspended for 30 days . Seconded by Mr. Darby No further comment Vote in favor of motion is unanimous There being no further business the meeting was adjourned at 3:38 PM Phyllis McGraw, City Clerk Page 2 of 25 OFFICE OF PROPERTY STANDARDS P . 0 . BOX 5337 BOSSIER CITY, LOUISIANA 7117 1 - 5337 May 11 , 2021 PROPERTY STANDARDS HEARING FOR DEMOLITION OF PROPERTY LOCATED AT: LOCATION OWNER 2316 Walnut Street Abigail Land Holdings 23 LLC . Page 3 of 25 TABLE OF CONTENTS: 2316 Walnut Street l.Notice Letter 2.Notice of Condemnation 3.Structure Repair Estimate 4.Letter of Attorney Appointed 5.Photos Page 4 of 25 I OFFICE OF PROPER1Y STANDARDS P. 0 . B O X 5337 B O SS I ER C ITY, L O UI SIAN A 71 1 7 1 - 5337 December 22, 2020 ABIGAIL LAND HOLDINGS 23 LLC. 13575 LYNAM DRIVE OMAHA, NE 68138 RE: LOT 7, LESS S. 25FT., RESUB. OF LOT 17, FERTILE GARDENS UNIT 2. PROPERTY MUNICIPAL ADDRESS : 2316 WALNUT ST CONDEMNATION LETTER Dear Property Owner: Please be advised that the above referenced property 1s in violation of La. R.S . 33: 1374(B)(l), La. R.S . 33:4720.59(D)(2) Violation Description Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation is not complied with , the code official shall institute the appropriate proceeding at law or in equity to restrain , correct or abate such violation , or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of the code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 106.3 PRO SECUTION OF VIOLATION OF IMPC . Page 5 of 25 Violation Description Any person who shall violate a provision of this code, or fail to comply therewith , or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 106.4 VIOLATION PENALTIES OF IMPC. Violation Description The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain , correct or abate a violation , or to prevent illegal occupancy of a building , structure or premises, or to stop an illegal act, conduct, business or utilization of the bu ilding, structure or premises . 106.5 ABATEMENT OF VIOLATION OF IMPC. Violation Description Signs , tags or seals posted or affixed by the code official shall not be mutilated , destroyed or tampered with , or removed without authorization from ther code official. 107.4 UNAUTHORIZED TAMPERING OF IMPC. Violation Description It shall be unlawful fo r the owner of any dwelling unit or structure who has received a compl iance order or upon whom a notice of violation has been served to sell , transfer, mortgage , lease or otherwise sispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been comp lied with , or until such owner shall fist furnish the grantee, transferee , mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. 107.6 TRANSFER OF OWNERSHIP OF IMPC. Violation Description When a structure or equipment is found by the code official Page 6 of 25 to be unsafe , or when a structure is found unfit for human occupancy, or is found unlawful , such structure shall be condemned pursuant to the provisions of this code. 108.1 GENERAL OF IMPC. Violation Description An unsafe structure is one that is found to be dangerous to the life, health, property or saftey of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire , or because such structure contains unsafe equipment or is so damaged , decayed, dilapidated , structually unsafe or of such faulty construction or unstable foundation , that partial or complete collapse is possible. 108.1.1 UNSAFE EQUIPMENT OF IMPC. Violation Description A structure is unfit for human occupancywhenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested , contains filth and contamination , or lacks ventilation , illumination , sanita_ryor heating facilities or other essential equipment required by this code , or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. 108.1.3 STRUCTURE UNFIT FOR HUMAN OCCUPANCY OF IMPC. Violation Description For the purgose of this code , any structure or prem ises that has any or all of the conditions or defects described below shall be considered dangerous: 108.1 .5 DANGEROUS STRUCTURE OR PREMISES OF IMPC. Violation Description Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings. 108.1.5 (1) OF IMPC. Violation Description The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped , worn loose , torn or otherwise unsafe as to not provide safe and Page 7 of 25 adequate means of egress . 108.1. 5 (2) OF IMPC. Violation Description The building or structure is neglected , damaged , dilapidated , unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or stucture to their danger, becomes a harbor for vagrants , criminals or immoral persons , or enables persons to resort to the building or structu re for committing a nuisance or an unlawful act. 108.1.5 (7) OF IMPC. Violation Description Any building or structure has been constructed , exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction , or of any law or ord inance to such an extent as to present either a substantial risk of fire , bu ilding collapse or any other threat to life and safety. 108.1.5 (8) OF IMPC . Violation Description A building or structure, used or intended to be used for dewelling purposes, because of inadequate maintenance dilapidation , decay, damage , faulty construction or arrangement, inadequate light, ventilation , mechanical or plumbing system , or otherwise , is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 108.1.5 (9) OF IMPC . Violation Description If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse , the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon faliure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any Page 8 of 25 other leagal resource . 108.2 CLOSING OF VACANT STRU CTURES OF IMPC. Violation Description The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminatied . Any person who defaces or removes a condemnation placard without the approval of the code offical shall be subject to the penalties provided by this code. 108.4.1 PLACARD REMOVAL OF IMPC. Violation Description Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or sha ll operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. 108.5 PROHIBITED OCCUPANCY OF IMPC. Violation Description The owner, operator or occupant of a buildinQ , premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repa ir, rehabilitation , demolition or other approved corrective action. 108.6 ABATEMENT METHODS OF IMPC. Violation Description The code official shall order the owner of any premises upon which is located any structure, which in the code official judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous , unsafe, insanitary or otherwise unfit for human habitatioin or occupancy, and such that it is unreasonable to repair the structure , to demolish and remove such structure ; or if such structure is capable of beinQ made safe by repairs , to repair and make safe and sanitary, or to board up and hold for future rea ir or to demolish and remove at the owner's option ; or where there has been a cessation of normal construction of any structure for a period of more than two years , the code official shall order Page 9 of 25 the owner to demolish and reave such structure , or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official. 110.1 GENERAL OF IMPC . Violation Description If the owner of a _p_remises fa ils to comply with a demolition order within the time prescribed , the code official shall cause the structure to be demol ished and removed , either through and available public agency or by contract or arrangement with private Q_ersons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 110.3 FAILURE TO COMPLY OF IMPC. Violation Description The owner of the premises shall maintain the structures and exterior property in compliance with these requirements , except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with requirements of th is chapter. Occupants of a dwelling un it, rooming unit or housekeeping unit are responsible for keeping in a clean , sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 301.2 RESPONSIBILITY OF IMPC. Violation Description All vacant structures and premises thereof or vacant land shall be maintained in a clean , safe, secure and sanitary condition as provided herin so as not to cause a blighting problem or adversely affect the public health or safety. 301 .3 VACANT STRUCTURES AND LAND OF IMPC. Violation Descrir>tion The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health , safety or welfare. 304.1 GENERAL -OF IMPC. Violation Descrit:>_tion The following conditions shall be determined as unsafe and shall be repaird or replaced to comply with the Page 10 of 25 International Building Code or the International Existing Building Code as required for existing buildings: 304.1.1 UNSAFE CONDITIONS-IMPC . Violation Description Siding and masonry joints includ ing joints between the building envelope and the perimeter of windows , doors and skylights are not maintained , weather resistant or water tight; 304.1.1 (4)-IMPC. Violation Description Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects; 301 .1.1 (5)-IMPC . Violation Description Roofing or roofing components that have defects that adm it rain , roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration , fatigue or without proper anchorage and incapable of supporting all nom inal loads and resisting all load effects; 304 .1.1 (8)-IMPC. Violation Description Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue , are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects ; 304 .1.1 (9)-IMPC. Violation Description All structural members shall be maintained free from deterioration , and shall be capable of safely supporting the imposed dead and live loads. 304.4 EXTERIOR STRU CTURAL MEMBERS-OF IMPC. Violation Description The roof and flashing shall be sound , tight and not have defects that admit ra in. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 304 .7 ROOFS AND DRAINAGE-OF IMPC. Page 11 of 25 Under La. R.S. 33:1374(B)(1), unless and until amended, "blighted property" currently is defmed as: "commercial or residential premises, including lots, which are vacant, uninhabitable, and hazardous and because of their physical condition are considered hazardous to persons or property, or have been declared or certified blighted, and have been declared to be a public nuisance by a court of competent jurisdiction or by an administrative hearing officer acting pursuant to competent jurisdiction or by an administrative hearing officer acting pursuant to R.S. 13 :2575 et seq., or any other applicable law." Under La. R.S. 33:4720.59(D)(2), unless and until amended, "abandoned property" currently is defined as: "property that is vacant or not lawfully occupied. The terms 'vacant' or ' not lawfully occupied' shall include but shall not be limited to any premises which are not actually occupied by its owner, lessee, or other invitee or if occupied, without utilities, and which has been left unsecured or inadequately secured from unauthorized entry to the extent that the premises could be entered and utilized by vagrants or other uninvited persons as a place of harborage or any premises which by reason of dilapidation, deterioration, state of disrepair, or other such status is otherwise detrimental to or endangers the public safety, health, or welfare." NOTICE Failure to correct the above mentioned violation (s) within ten (1 0) days ofthis notice will cause the City to issue a summons requiring the appearance in administrative court by the person responsible for the violation. Contact the Property Standards office with any questions pertaining to the above procedure at 620 Benton Road, Bossier City, LA 71111 or phone (318) 741-8578. Some Local Contractors are: Prime Time Solutions (318) 458-7123 B & G Lawn Service (318) 773-5815 0 & P Tree and Landscaping (3 18) 286-8545 Ma & Pa Lawn Care (3 18) 834-3544 If you do not own or have any interest in this property, please disregard this letter. Sincerely, Page 12 of 25 ROGERVOET Inspector, Code Enforcement Case Number: 20-00002070 Page 13 of 25 CE006U01 ty Of Bossier City 2/03/21 Case Inspection Text 12:04 : 04 Case number , type . 20 00002070 BLIGHT LETTER - CONDEMNATIO Inspection , date . INITIAL INSPECTION 122220 Type information , press Enter . Please repair or demolish and remove the house at this property so it will meet city property standards . The roof has holes and has been leaking water into the house for along time has lod to the floor rotting away leaving large holes in it . dome of the walls are also rotting with large holes in them . All the rotten wood needs to be replaced and the holes properly repaired . If the house is demolished all concrete including driveway , sidewalks belonging to the house , and the foundation for the house have to be removed . All re q uired p ermits need to be pulled before any work ou More ... F3=Exit FS=Copy F6=Insert F7=Delete FB=Time stamp Fl2=Cancel F2l=User defaults Page 14 of 25 Jill M. Sessions Bossier Parish Clerk of Court 1251688 Recorded On: 01 /05/2021 12:25 PM CITY OF BOSSIER CITY P.O. BOX 5337 BOSSIER CITY, LOUISIANA 71171·5337 December 29,2020 NOTICE OF CONDEMNATION Notice is hereby given to all interested parties that the property listed below has been condemned and is unfit for human habitation in accordance with the Bossier City Building Codes and L.A. R.S. 33:4761-4767. Legal Description known as: LOT 7, LESS S. 25FT., RESUB. OF LOT 17, FERTILE GARDENS UNIT 2. Municipally known as: 2316 Walnut. "t1.'''': t.:. .- - - - - - - - - - - - - - - Owner (s) of Record: Abigail Land Holdings 23 LLC. 13575 Lynam Drive Omaha NE. 68138 It is unlawful and prohibited to occupy a condemned structure and violators will be prosecuted. A hearing will be scheduled before the Bossier City Council at a future date to determine proper action of the structure. By: ~ l/rr1../Y - ·· Date: I?-.. .-Z, '1 - 2.0 Rog~~ Code Enforcement Supervisor ----- ~ - - ~J~., ~~-~~~- DeiJUt'J <' · ' ., '" "' c r: ,c .,, tl·~~·.>!V Recorder Pa roSi l L' tJo»ltr , :;tate of LOUISiana COPY Page 15 of 25 Building Repair Estimate CLAIM NUMBER INSURED LOCATION OF PROPERTY 2316 Walnut St TYPEOP LOSS TYPE OF BUILDING LOSS DATE CONDEMNED Residential REPLACEMENT VALUE IACTUAL CASH VALUE ESTIMATOR EDWARD COOPER DATE OF ESTIMATE 02/01/21 DESCRIPTION OF WORK REQUIRED UNIT PRICE MATERIAL LABOR QIT TOTAL COST (lDENTIPY MATERIALS - SHOW MEASUREMENTS) (WHEN USED) COST COST 1216 SF House on Pier and Beam Built in 1957 Foundation : Pier & Beam with sub-floor 3,600.00 Fram ing Package, walls and roof. 6, 275. 00 Exteri or Windows & Doors 2,100.00 Exterior Siding , & Finish Materials 4,400.00 Roofi ng 3,200. 00 Exterior Painting 2,750.00 Drywall & Finish of Drywall 6,450. 00 Interior floor Finish 2,225. 00 Cabinets: Kitchen & Bath 2,500.00 Plumbing , rough-in and finish 4 ,800. 00 Electerical rough-in and finish 5,100.00 HVAC , heating and cooling 4,750.00 Perm its/Dumpster 750. 00 TOTALS $48 ,900.0( Estimate $37.62 SF to Rebuild Form 2200F © 2003 Nationwide Publishing Company, Inc. http://www.claimspages.co m Page 16 of 25 CITY OF BOSSIER CITY P. O. BOX 5337 BOSSIER CITY, LOUISIANA 71171·5337 March 9, 2021 Mr. Robert Gahagan Pugh III Attorney At Law 333 Texas Street Shreveport, LA 711 01 RE: Appointment to represent owners and/or interested parties pursuant to LA R.S. 33:4761- 4767 Dear Mr. Gahagan Pugh III : You are hereby appointed as curator ad hoc to notify and represent owners and any interested parties unrepresented and not listed on the tax rolls in condemnation proceedings before the Bossier City Administrative Council on May 11, 2021 at 3:30 p.m . in the City Council Chambers. Municipal Address: 2316 Walnut Street Having the following legal description: LOT 7, LESS S. 25 FT., RESUB. OF LOT 17, FERTILE GARDENS UNIT #2. If you have any questions, please contact Roger Voet, Property Standards Supervisor, at (318) 741-8522. Sincerely, RogerVoet Code Enforcement Supervisor Page 17 of 25 Page 18 of 25 at /~ 09~ ~J / PJVJ CONDEMNATION NOTICE THIS BUILDING IS UNFI T FOR HUMAN HABITATION, THE USE OR OCCUAATtON OF THIS BUILDING FOR ---- HUMAN HABITATION IS PROHIBITED AND UNLAWFUL . .. ....... ··~, .._,. -'-""'~'--""po-..c . ,_. .,. .. ---""'..--·-. ,._...,_... -------···-···- CNo:.-.-_-~ Page 19 of 25 Page 20 of 25 Page 21 of 25 Page 22 of 25 Page 23 of 25 Page 24 of 25 Page 25 of 25

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