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