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TO: City Council

FROM: Kenneth R. Williams, City Manager

PREPARED BY: Demi Engman, Director of Planning and Community Development

MEETING DATE: January 7, 2025

REQUESTED ACTION: Council consider an ordinance to declare 328-338 Bowie & 486-498
Pearl Street, also known as “The Gilbert Building,” as Imminent
Danger and order the owner to raze the said structure within 5 days,
staff is requesting City Council authorization to demolish said
structure without further notification to the property owner or City
Council action.

BACKGROUND
On June 6, 2024,”The Gilbert Building” was engulfed by fire. On August, 20, 2024 , City
Councial approved Ordinance No. 24-043 ordering that the building‘s roof, walls and floors be
restored by January 10, 2025. As of December 19, 2024, the property owner has
communicated to City staff that the restoration project at 328-338 Bowie & 486-498 Pearl Street,
also known as “The Gilbert Building,” will not meet the January 10, 2025 deadline set by
Ordinance No. 24-043. Staff have not received an updated project schedule, nor a decision
made by the property owner whether to proceed with the project as indicated on both project
schedules. This decision was to be made in October/November, 2024. While some interior
demolition work and additional analysis has been underway, no permits to repair the building
have been applied for.

Please see below for a more detailed timeline of this case for reference and staff
recommendation:

The structure at 328-338 Bowie & 486-498 Pearl Street, also known as “The Gilbert Building,”
was “tagged” as imminent danger on June 10, 2024. The structure had been damaged by fire.

The recommendation issued by Terry Shipman of Fittz & Shipman, Inc., a licensed engineer in
the State of Texas, states, “...the building should be demolished. If the exterior walls are
salvaged, a demolition plan should be prepared by a qualified professional to ensure the safe
removal of the debris. The exterior walls will need to be shored with the shoring plan designed
by a structural engineer registered in the State of Texas.”
Staff recommended demolition of the structure due to the imminent danger to life and public
safety.

On June 18, 2024, City Council tabled this item for sixty (60) days with the following conditions
to be completed within five (5) business days:

1. Erect a 6’ fence to barricade the perimeter of the building for public health and safety
purposes.

2. The property owner shall submit a work program with the Building Codes Department.

On August 20, 2024, an extension of time was granted to the property owner by Ordinance No.
24-043 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 subsequent to 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.

It is important to note, the repairs currently being made to this structure will only bring the
building back to its pre-existing conditions prior to the fire that occurred this summer. The
building still remains tagged as an imminent danger. Staff recommends approval of an extension
to February 10, 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 structural
capacity, as identified by a structural engineer registered in the State of Texas and
completed no later than February 10, 2025. The property owner shall obtain all applicable
permits.

2. The property owner shall appear before the City Council at the February 18, 2025
meeting, to report on the completion of the project and disclose intent, plans and timeline
 to make all necessary repairs to bring the building into full compliance with the 2021
International Property Maintenance Code.

Please see attached:

- City procured structural engineering report (Exhibit A)

- Owner procured structural engineering report (Exhibit B)
- Signed Council work program (Exhibit C)
- Ordinance No. 24-043 (Exhibit D)
- Project Schedule Revision B (Exhibit E)
- Project Schedule Revision C (Exhibit F)

FUNDING SOURCE
The General Fund.

RECOMMENDATION
Approve a 30-day extension to allow the property owner additional time to comply with condition
#1 of Ordinance No. 24-043 (Exhibit D), 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 no later than February 10, 2025. The property owner shall obtain all applicable
permits.

2. The property owner shall appear before the City Council at the February 18, 2025
meeting to report on the completion of the project and disclose intent, plans and timeline
to make all necessary repairs to bring the building into full compliance with the 2021
International Property Maintenance Code.

ATTACHMENTS
- City procured structural engineering report (Exhibit A)
- Owner procured structural engineering report (Exhibit B)
- Signed Council work program (Exhibit C)
- Ordinance No. 24-043 (Exhibit D)
- Project Schedule Revision B (Exhibit E)
- Project Schedule Revision C (Exhibit F)
 ORDINANCE NO.
ENTITLED AN ORDINANCE 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 Structures 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

WHEREAS, the City Council for the City of Beaumont is of the opinion that the

demolition of said structure is recommended due to the imminent threat to life and public safety;

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 328-338 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 unsanitary 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 Structures 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

demolish and remove said structure within five (5) days of the effective date of this ordinance. If

the property owner(s) fail(s) to comply within five (5) days, 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.

- Mayor Roy West -