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Home My WebLink AboutO-1985-1429 I I I e . ORDINANCE NO. 1429 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT 13-14 , BLOCK 98 , TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE: ORDERING SUCH BUILDING CONDEMNED: FINDING THAT Richard Cheek 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 Counc il of the Ci ty 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 8-1l8(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 8-1l8(c) provides that: After the inspection provided for in this Section has been made, with or wi thout the a id of experts, the Board shall immediately report its conclusion in writing to each of the members of the City 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 13-14 Block 98; La Porte e e Ordinance No. 1429 , 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 Augl}st ~4, 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, Richard Cheek "-.--. , whose address is 5615 Twisted Oak Bay town, Texas 77520 , 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, Ci ty 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 UnC"~;mpt'l , 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: 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. 1429 , pag e 3. WHEREAS, City Council entered its order on January 7. 1985, a day which is within fifteen (l5) 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 Richarg Chppk , who resides at 5615 Twisted Oak Bavtown. Texas 77S?O is the record 'owner of the property on which this building is situated, and that as such record owner, the said Richard Cheek has been duly and legally noti- fied of these proceedings. Section 5. The City Council hereby orders the said ' Richard r.qp~k to entirely remove or tear down such building, and further orders the said Richard Cheek 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. 1429 , Pag e 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 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 Richard 'Cheek . , by registered mail, return receipt requested. Section 8. Should the said Richard Cheek 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 Richard Cheek , record owner of said property, and shall thereupon become a val id and enforceable personal obi i- gat ion 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 City Council was posted at a place convenient to the public e . Ordinance No. 1429 , 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. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 4th day of February , 1985~. - CITY OF LA PORTE By ATTEST: ~~ , City Secretary APPROVE D: