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HomeMy WebLinkAboutO-1985-1428 e . ORDINANCE NO. 1428 AN ORDINANCE DECLARING THE BUILDIN~6 LOCATED ON LOT 3,4 . , BLOCK , TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE: ORDERING SUCH BUILDING CONDEMNED: FINDING THAT Prentice C. Evans, Eta! 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 H.EREIN: 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-l15 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 Inspector or is duly authorized representative, the Fire Chief or his duly authori zed repre- sentative, and the Fire Marshal or his duly authorized repre- 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 8-118(c) provides that: After the inspection provided for in this Section has been made, with or without the aid 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- 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 3,4 - Block 66: ~ Porte . e Ordinance No. 1428 , 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 Inspection has heretofore. made and filed its written report, dated August 24, 1984 said building to be in fact a dangerous building: , finding WHEREAS, City Council received such report, and ordered notice to the record owner of said property, Prentice C. Evans, Etal '-- , whose address is 212 N. 8th St. 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 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 Unclaimed , 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 ses,sion 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. 1428 , Page 3. WHEREAS, Ci ty Counc il entered its order on January 7, 1985, a day which is within fifteen (IS) days after the termination of the hearing: NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its 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 build- ing condemned. Section 4. the City Council hereby finds, determines and declares that Prentice C. Evans, Etal , who resides at 212 N. 8th St., La Porte, Tx , is the record ~wner of the property on which this building is situated, and that as such record owner, the said Prentice C. Evans, Etal has been duly and legally noti- fied of these proceedings. Section 5. The City Council hereby orders the said Prentice C. Evans, Eta! to entirely remove or tear down such --.. building, and further orders the said Prentice C. Evans, Eta! to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal or demo- 1ition of such building within a reasonable time. e e Ordinance No. 1428 , Page 4. Section 6. The Ci ty Council hereby orders the Board of Inspect ion of the City of La Porte to cause a not ice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the build- ing, 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 Secre- tary to forward a certified copy of this Ordinance, to the record owner of said property, the said Prentice C. Evans, Etal , by registered mail, return receipt requested. Section 8. Should the said Prentice C. Evans, Eta! 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 prentice of such procedure shall be charged against the said C. Evans, Eta! , record owner of said property, and shall thereupon become a valid 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 tha t a suf fie ient wri t ten not ice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public e e Ordinance No. 1428 , 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, 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 Counc il further ra ti f ies, 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 0 f Februa:ry , 19'85. CITY OF LA PORTE By ATTEST: ~~~ Ci ty Secretary APPROVED: