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HomeMy WebLinkAboutO-1982-1340 . . . , . . ORDINANCE NO. 1340 AN ORDINANCE DECLARING THE BUILDING LOCATE)) ON LOT S 25-27 Block 78, 319 North 6th. Street TOWN OF LA PORTE, HARRIS COUNTY, TEXAS TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDE~'"ED; FINDING THAT Dolphus Merritt IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO CO~~NCE 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 Lots 25-27, Block 78, 319 North 6th. Street Town of La Porte, 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 Wednesday, 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 writing. as provided in said Ordinance. of the circumstances and condition of the said building; . . . . .. e \. Ordinance No. 1340 , Page 2. WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated August 18, 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, Dolphus Merritt whose address is P. O. Box 11160, La Porte, 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 owner, by registered mail, return receipt requested, which return receipt indicates that said owner received said notice on undeliverable , a date more than ten (10) days before th~ 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 (l5) 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 NOv. 3, 1.982 , a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: . . . ~ e e Ordinance No. , Page 3. \. 1340 Section l. This Ordinance contains the findings and orders, of the City Council o~ 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 Ci,ty 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 Dolphus Merritt , who resides at. P.O. Box 11160 . Green Oaks Ap.ts. , is the record owner of the property on which this building is situated, and that as such record owner, the said Do1phlJS Merritt has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Dolphus Merritt to entirely remove or tear down such building, and further orders the said Dolphus Merritt 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 Dolphus Merritt , by registered mail, return receipt requested. t . . . .~ e Ordinance No. 1340 , Page 4. Section 8. Should the said Dolphus Merritt not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten. (lO) 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 Dolphus Merritt 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 day of Nov. 3rd 19 82 CITY OF LA PORTE By ?J'i~~ . . . . Ordinance No. ATTEST: . , Page 5. APPROVED: City Attorney tJ. . \. t ;.0 , , ~, - " . ..... c.- .,:;, ;-~~.~.,:: -- t <- ~ ",. '"