HomeMy WebLinkAboutO-1982-1348
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ORDINANCE NO. 1348
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT
LA PORTE OUTLOT, OUTLOT 640, TOWN OF LA PORTE,
HARRIS COUNTY, TEXAS TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING CONDE~"ED; FINDING THAT KENNETH W.':'(SCHICK IS THE RECORD
OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY
REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO
COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM
THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE FIRE CHIEF TO
PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO
FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR
THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT
REMOVED BY SAID OWNER; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, The City Council of the City of La Porte, passed
and approved Sections 8-115 through 6-126 of the Code of Ordinances,
City of La Porte, creating a Board of Inspection to be composed of
the Building Inspector or his duly authorized representative, the
Fire Chief or his duly authorized representative, and the Fire
Marshal or his duly authorized representative;
WHEREAS, such Code sections provide that, whenever it shall
come to the attention of City Council that a nuisance exists, as
defined in said Ordinance, such Board shall within twenty-four (24)
hours of the receipt of such complaint make a thorough inspection
of such alleged nuisance, and thereafter immediately make its. report
in writing as further provided in said ordinance;
WHEREAS, it has heretofore come to the attention of City
Council that the building located on Lot LaPorte Outlot, Outlot 1164Q~
11535 West Main, ,
Harris County, Texas,has, for the ,reason of neglect or misuse has
been allowed to deteriorate into a condition of decay or partial
ruin and become a fire hazard, and is so situated as to endanger the
person and property of others;
WHEREAS, City Council heretofore, to-wit: on September 1, 1982,
, ordered said Board of Inspection to make its
thorough inspection of said building located on said property, and to
thereafter make its report in wr-iting, as provided in said Ordinance,
of the circumstances and condition of the said building;
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Ordinance No.
1348
, Page 2.
WHEREAS, said Board of Inspection has heretofore made and
filed its written report, dated August 20, 1982, , finding such
said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered
notice to the record owner of said property, Kenneth W. Schick
whose address is 2323 Voss, Suite 260, Houston, Texas , that a hearing
as provided in Section 5 of said Ordinance would be held at 604
West Fairmont Parkway, at the Council Chambers, City Hall, City of
La Porte, ,Texas, at which time the Council would hear evidence for
and against the conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of
said hearing upon said olvner, by registered mail. return receipt
requested, which return receipt indicates that said owner received
said notice on November 4, 1982 , a date more than ten (10) days
before the date set for said hearing;
WHE'REAS, 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 of Inspection;
WHEREAS, City Council. after due deliberation, and within
fifteen (15) days after the termination of the hearing. its required
to make its decision in writing and enter its order; and
WHEREAS, City Council entered its order on November 17, 1982
, a day which is within fifteen (15) days after the termination
of the he~ring; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
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Ordinance No.
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1348
, Page 3.
Section 1. This Ordinance contains the findings and orders
of the City Council of the City of La Porte, and ~ts conclusions,
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 of
Inspection, 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 to be a nuisance, and orders such building
condemned.
Section 4. The City Council hereby finds, determines and
declares that Kenneth W. Schick ,who resides at 2323 Voss, Houston,
Texas, , is the record owner of the property on which this
building is situated, and that as such record owner, the said
Kenneth W. Schick has been duly and legally notified of these
proceedings.
Section 5. The City Council hereby orders the said
Kenneth W. Schickto enti:J:'ely remove or tear down such building, and
further orders the said Kenneth W. Schick to commence such
removal within ten (10) days from the effective date of this
Ordinance, and to complete such removal or demolition of such
building within a reasonable time.
Section 6.. The City Council hereby orders the Fire Chief
of the City of La Porte to cause a notice of the dangerous,
insanitary condition of the building to be affixed in one or more
conspicuous places on the exterior of the building, 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
of said property, the said Kenneth W. Schick
, by registered mail, return receipt requested.
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Ordinance No.
1348
, Page 4.
Section 8. Should the said Kenneth W. Schick
not comply
with the orders contained in this Ordinance relating to the
removal or demolition of such building within ten. (10) days after
service hereof, then the Board of Inspection of the City of La
Porte shall enter upon the said premises with such assistance as
it may deem necessary, and cause the said building to be removed
or demolished without delay, and the expenses of such procedure
shall be charged against the said Kenneth W. Schick
record
owner of said property, and shall thereupon become a valid and
enforceable personal obligation of said owner of such premises,
and the said Board of Inspection shall carefully compute the cost
of such removal or demolition, which cost shall be hereafter
assessed against the land occupied by such building, and made a
lien thereon.
Section 9. This Ordinance shall take effect and be in force
from and after its passage and approval.
PASSED AND APPROVED this the
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CITY OF LA PORTE
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Ordinance No. 1348
ATTEST:
, Page 5.
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APPROVED:
~ City Attorney
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