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HomeMy WebLinkAboutO-1985-1433 e . r \., ~) ORDINANCE NO. ,1433 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT Tr. A , BLOCK East ~ O. L:-' 464""West ~ O. L. 465 , TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE: ORDERING SUCH BUILDING CONDEMNED: FINDING THAT -'.'C'...'B. ''Bertr-aln 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 BOARD OF INSPECTION 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 IN THE MANNER PROVIDED HEREIN: PROVIDING AN EFFECTIVE DATE HEREOF: AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Sections 8-115 through 8-126 of the Code of Ordi- nances of the City of La Porte, creating a Board of Inspection to be composed of the Building is duly representative, the Fire or his sentative, and the Fire repre- sentative: and WHEREAS, Secti id Sections provide that: shall come to the attention of the Board any member thereof, by reason of the the ecessary duties of such member, or mp int of any citizen of the City or of , hat a dangerous building exists, the hin twenty-four (24) hours of the receipt aid om nt, make a thorough inspection of said eged d n erous building: and AS, S ction 8-118(c) provides that: inspection provided for in this Section has be made, with or wi thout the a id of experts, the Board s all immediately report its conclusion in writing to each of the members of the Ci ty Counc il and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclu- sion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board: and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lot Tr. A '. East ~ of Outlot 464 West ~ of Outlot 465 La Porte Outlots . . Ordinance No. --L433 .-' Page 2. Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte: and WHEREAS, said Board of Inspect ion has heretofore ,~ade and filed its written report, dated December '20. 1984 , finding 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, c. B. .B.e;:.tram.,""" , whose address is 1002 So. 8th St. La Porte. Texas 77<;71 , 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 Ci ty Secretary has heretofore served notice of said hearing upon said owner, by registered mai 1, return receipt requested, which return receipt indicates that said owner received said notice on January 16, 1qR'i , a date more than ten (10) days before the date set for said hearing: WHEREAS, 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: W~EREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order: and . . Ordinance No. ..143-3 , Page 3. WHEREAS, City Council entered its order on Januray 7.1985, 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: . . Ord i nance No. _,1'4:33 , Page 4. Section 6. The Ci ty Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condi tion of the building to be aff ixed in one or more conspicuous places on the exterior of the build- i ng, which no.t ice or notices shall not be removed or, defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secre- tary to forward a certified copy of this Ordinance, to the record owner of said property, the said 'C."B. Bertram , by registered mail, return receipt requested. Section 8. Should the said C.,B._B~rtrSl~ 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 Boa'rd 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 build- ing to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said c. B. Bertra~ , record owner of said property, and shall thereupon become a val id and enforceable personal obi i- gation 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. The City Council officially finds, deter- mines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the Ci ty Counc il was posted a t a place convenient to the publ ic . .' 1~33 , Page 5. Ordinance No. at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated: and that this meeting has been open to the public as required by law at all times during which this ordinance and the, subject .. matter thereof has been discussed, considered and formally \ acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. Th is Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 4th day of Febrl1.<lry 1'985,. CITY OF LA PORTE By Mayor ATTEST: Ci ty Secretary APPROVED: City Attorney