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HomeMy WebLinkAboutO-1982-1313 . . ORDINANCE NO. 1313 . AN ORDINANCE DECLARING THE BUILDING LOCATEb ON LOTS 23 & 24; BLOCK 66; LA PORTE ADDITION; 215 NORTH 5TH; TOWN OF LA PORTE, HARRIS COUNTY, TEXAS TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDE~'"ED; FINDING THAT LENA SMITH 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 Lo~ 23 &'24 ; Block 66; La Porte Addition; 215 North 5th Street, City 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 February 17, 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. 1313 , Page 2. WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated March 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, Lena Smith whose address is 7210 Scott, Apt. 46, Houston, Tx., 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 ~lallred , a date more than ten (lO) 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 (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 May 5, 1982 , 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: . . . Ordinance No. 1313 , 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 Lena Smith' , who resides at 7210 Scott, Apt. 46, Hous ton"Tx, is the record owner of the property on which this building is situated, and that as such record owner, the said Lena Smith has been duly and legally notified of these proceedings. Section 5. The City Council her~by'orders the said Lena Smith to entirely remove or tear down such building, and further orders the said Lena Smith 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 Lena Smith; 7210 Scott, Apt. 46; Houston, Tx. 77071 , by registered mail, return receipt requested. e e Ordinance No. 1313 , Page 4. \. . Section 8. Should the said Lena Smith 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 Lena Smith 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. 5 th day of May PASSED AND APPROVED this the 19 82 . . CITY OF LA PORTE . . . . . . Ordinance No. l3l3 , Page 5. ATTEST: APPROVED: City Attorney . \. '- , -:;, ... ...., ~ ...',' :-. ./ -~ ~ " .. ~ '. .. .. -- . -- . ....,::.,.... .~,~...~' " '~ ~ ;.; f " '- /: