HomeMy WebLinkAboutO-1986-1453
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ORDINANCE NO. 1453
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 27,28, BLOCK
~,LA fORTE TRACT, TOWN .OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE
IN FACT ~. ~UI$ANGE;'QRDERING SUCH BUILD~NG .CONDEMNED; 'FINDING
THAT Hazel'Busch :IS rHE ~~GORD'QWNER SAID'.PROPERTY; 'QRDERING'THE
SAID OWNER TO ~NTIR~Ll ,REMOVE' ,OR' r~AR' .DOWN SUCH 'BUILDING;
ORDERING'THE SAID OWNER TO COMMENCE SAID.REMOVAL' OR DEMOLITION
W~THJN"'TEN.(16) :bAx~'.FR~M tH~ E~~ECTIV~ D4TE 'Of THIS ORDINANCE;
ORD~~ING:THE BOARD ,OF INSPECrION",' roo .PLAGE' A . NOTICE. ON' SAID
BU~LpING;. ,ORDERJ"G~TH~'CITY-.SECRETARY TO .FORWARD A COPY OF THIS
ORDINANCE TQ, $AJD:OWN~R; .: PROV~D~NG . FOR. THE' REMOVAL. OF' SAID
P~~MIS~$ BY ,THE GIrx'OF LA PQRrE IF NOr. REMOVED ~Y SAID OWNER IN
T~E MANNER PROVIPEP HER~tN; ,PROVIDING'.AN EF~ECTIVE' DATE HEREOF;
AND FINDING COMPL~ANCE WlTH TH~OPEN MEErI~GS LAW.
A~
WHEREAS, t~ c.fty Counci
and a ro~ s~ns
Ordina e~f the C~
on to be comp tl
of the City of La Porte, passed
through
8-126
of
the
Code
of
a
Porte,
creating
a
Board of
authori d represt\t
representat~~a'fd
representativ~ and
of th Building
the Fi e hief
~
Inspector or hIS
duly
or his duly authorized
or his duly authorized
WHEREAS, Section 8-118(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
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Page 2. Ordinance 1453
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 City
Council and to the City Attorney. Such report shall state the
circumstances and the
WHEREAS, it has
condition of the
The rep~all
isot~d~ the
ere ofore
building upon which such
conclusion was based.
be filed in all cases no
matter what conclusion
Board; and
Board of Inspection t t the
Blk. ~, LA PORTE Tract,
reason of neglect or misu~
condition of decay or par~al
as defined in Section 8-117 of
the
on Lots 27,28;
Texas, has, for the
deteriorate into a
hazard,
of Ordinances of the
City of La Porte; and
WHEREAS, said Board of Inspection has heretofore made and
filed its written report, dated July 1, 1985, 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, Hazel Busch, whose
address is P. O. Box 810 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
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Page 3. Ordinance 1453
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 City Secretary has heretofore served notice of
said hearing upon said owner, by registered mail, return receipt
requested, which return receipt indicates that said owner
of the Board of
ate more than ten
received said notice on
(10) days before the date set
WHEREAS, at said date, t~' an
regUl~r se~~ion to conduct suc ub ic
evidence was presen oth or
Council met in
time
conclusions
WHEREAS, City Council, after
ration, and within
fifteen (15) days after
the ter of the hearing, is
dec~o in writing and enter its order;
required to make its
and
WHEREAS, City Council entered its order on September 9,
~
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:
Section-1. This Ordinance contains the findings and orders
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of the City Council of the City of La Porte, and its
conclusions, based upon the evidence presented at said hearing.
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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
building condemned.
Section 4.
declares that
Bavtown",-Texas
property on
which this
as such record owner, the
said Hazel Busch has
proceedings~
notified of these
Section 5. The City
Hazel Busch to entirely
building, and
further orders the said H
commence such removal
within ten (10) days from the effective date of this Ordinance,
and to complete such removal or demolition of such building
within a reasonable time.
Section 6. The City Council hereby orders the Board of
Inspection of the City of La Porte to cause a notice of the
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dangerous, insanitary condition of the building to be affixed in
one or more conspicuous places on the exterior of the building,
which notice or shall not be removed or defaced by any person,
under penalty of law.
Section 7. The City Council hereby orders the City
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Secretary to forward a certified copy of this Ordinance, to the
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Page 5. Ordinance1453_
record owner of said property, the said Hazel Busch, by
registered mail, return receipt requested.
Section 8. Should the said Hazel Busch 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~ of ~nspection of the City of
La Porte shall ent~ ~n said premises with such
assistance as Ot m~ee~ necessary, and cause the said
building em~ or delay, and the
expenses su h procedure against the
said Hazel
and shall
thereupon become ~ enforceable personal
obligation of said own~ of such 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, determines,
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 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 Statuses 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.
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~1Qn 10. This Ordinance shall take effect and be in
force from and after its passage and approval.
PASSED AND APPROVED this the.13th day ot Ja~uary, 1986~
CITY OF LA PORTE
ATTEST:
Mayor
~
City Secretary
APPROVED:
City Attorney