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<br />- <br /> <br />. <br /> <br />ASKINS & ARMSTRONG, P.C. <br /> <br />P. O. Box 1218, La Porte, Texas 77572-1218 <br />Telephone: 281-471-1886 Telecopier: 281-471-2047 <br /> <br />Memo <br /> <br /> <br />To: . sept, City of La Porte <br /> <br />From: ng, Asst. City Attorney, City of La Porte <br /> <br />CC: ze, Fire Chief <br />Champ nham, Asst. Fire Chief <br />Laurie Christensen, Fire Marshall <br />Nick Finnan, Interim Planning Director <br /> <br />Date: January 19, 2004 <br /> <br />Re: Proposed Dangerous Building Ordinance <br /> <br />Debbie, <br /> <br />Per your request I have reviewed the proposed Dangerous Buildings Ordinance. <br />find that the ordinance as written is reasonable from a legal standpoint. <br /> <br />I note your concern in connection with Section 82-474(b), regarding entry into a <br />structure without a search warrant, if the structure is open and unsecured. <br /> <br />I believe it is reasonable to allow cursory entry of such a structure without a search <br />warrant, but only to the extent necessary to ascertain the structural integrity of the <br />structure. Any s~arch of an open structure should be only conducted as to structural <br />integrity, and othEPr code items that might render the structure a potentially dangerous <br />building. Absolut~ly no force should be utilized in any event to open a structure, such <br />as breaking a wi~dow, forcing a door, or the like. Also, note that any damage done <br />to the structure ~should it be found not to be a dangerous structure) by the code <br />officer that is entering under that set of circumstances will be at the City's risk. <br /> <br />I welcome the cbance to work with you as we bring this ordinance to completion. <br />The "cover" ordinance will need a penal clause inserted, which I will be happy to do <br />prior to passage by City Council. If you have any questions or comments, please do <br />not hesitate to call or write. <br />