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HomeMy WebLinkAboutO-1986-1426 e . r ~ : ... L.., . ORDINANCE NO. 1426 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT 10,11 , BLOCK 112. , TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE: ORDERING SUCH BUILDING CONDEMNED: FINDING THAT Charlie Martin 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 TnY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO ~ID 0 NER PROVIDING FOR THE REMOVAL OF SAID PREMIS\JY Q C TY 0 PORTE IF NOT REMOVED BY SAID OWNER IN TH AN E P OVID HEREIN: PROVIDING AN EFFECTIVE DATE HEREOF: A D DI COMPLIANCE WITH THE OPEN MEET~~GS LAW. WHEREAS, the City Counci of ~ty of La Porte, passed gh 8-126 of the Code of Ordi- and sentative, and of La Porte, crv-c0g a Board of Inspection of the ~u~~ ~sGb~r or is duly authorized thet,ir~ief or his duly authorized repre- the Fire Marshal or his duly authorized repre- representative, sentative: and WHEREAS, Section 8-l18(a) of said Sections provide that: Whenever it shall come to the attention of the Board of Inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building: and WHEREAS, Section 8-ll8(c) provides that: After the inspection provided for in this Section has been made, with or without the a id of experts, the Board shall 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- s ion 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 10,11 Block 112, La Porte e . Ordinance No. 1426 -' Page 2. Harris county,' Texas, hfs ,~r the reason of neglect or misuse, heen allowed tr ~e~io~at~nto a condition of decay or partial ruin or has b\:fne a fire hazard, as defined in Section 8-117 of the Code of Ordinapces the ~ of La Porte: and WHEREAS, ~ ~~as heretofore made and filed its wri A~f3t 2.4, 1984 , finding said buildin be i1 fae WHEREAS, City colllcil received building: such report, and ordered notice to the record owner of sa id property, Charli~: .l1ar.:t.~n_ , whose address is P; O. Box 379 La Porte, 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 Ci ty 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 January 15, 1985 , a date more than ten (10) days before the da"te 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: WHEREAS, 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 e e Ordinance No. 14...26. , Pag e 3. WHEREAS, City Council entered its order on January 7, 19~5 a day which is with~fi~e~15) days after the termination of the hearing\ N~Wc;rRE10R~ BE IT ORDAINEDU THE CITY COUNCIL OF THE CITY OF LA PORTE: of This Ordinance contains the findings and orders , . based upon La~ and its conclusions, at said hearing. Section 2. Based on the ev idence presented at said hearing, the City Council hef:by,a~ spe~~ched report of the Board of Inspection, in ~ll, 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 build- ing condemned. Section 4. the City Council hereby finds, determines and declares that Charlie' Martin , who resides at P. O. Box 379 - La Porte, Texas , is the record owner of the property on which t,his building is situated, and that as such record owner, the said Charlie .. Martin has been duly and legally noti- fied of these proceedings. Section 5. The City Council hereby orders the said _i'._~..._ Charlie Martin to entirely remove or tear down such building, and further orders the said Charl.ie Martin to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal or demo- lition of such building within a reasonable time. . e Ordinance No. 14~6 -..... , Page 4. Sect ion 6. The Ci ty Counc i 1 hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitarytindition of the in one or more fon\Pi 0 s ptace~ the ing, which not~or otice s~ not by any person, under penalty of law. building to be affixed exterior of the build- be removed or, defaced Section 7. The City Council hereby orders the City Secre- .. tary of ~inance, to the record owner 0 said . Charlie Martin Section 8. ~. ~ J3i~[b mail, return Should the said ~ha!~ie_M~rt~n receipt requested. 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 build- ing to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Charlie' Martin , 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, rec i tes and declares that a suf f ic ient wri t ten not ic e of the date, hour, place and suhject of this meeting of the Ci ty Counc il was posted a t a place convenient to the publ ic e . Ordinance No. l426 , Page 5. 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, Tex s R~sed/c~ Statutes Annotated: and that this. meetin h b~ opJn }./the public as required by law at all times which this ordinance and th~. subject matter thereof has been discussed, considered and formally ~ ~ \ acted upon. r~ approves and confirms such notice and the contents and posting thereof. Ie .... ~3 --t b Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 13th. day of January 1986. CITY OF LA PORTE By Mayor ATTEST: City Secretary APPROVED: Ci ty At torney