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Home My WebLink AboutO-1986-1455 e . ORDINANCE NO. l4.55 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS Outlot 477, BLOCK~HLA,LA' PORTE 'OUI1QIS TRACT, TOWN OF LA PORTE, HARRIS COUNTY, 'TEX~S, TO, BE INF~CTA NUISANCE; ORDERING SUCH' BUILDING CONDEMNED; , FINDING. THAT Joe 'Smith. IS THE RECORD OWNER SAID PROPERTY; ORDERING-'THE SAID. OWNER TO ENTIRELY REMOVE 'OR TEAR DOWN SUCH BUILPING;. ORD~RING THE SAID OWNER TO COMMENCE SAID REMOVAL 'OR DEMOLITION WITHIN TEN (10)" DAYS' FROM THE EFFECTIVE DATE OF TH!S.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 EF~~CTIVE DATE HEREOF; -AND FINDING COMPLIANCE WITH THE OPEN MEETING&' LAW. ~ UOfD . p ~-d3-f~ ~ WHEREAS, of the City of La Porte, passed and approved Sections 8-115 through 8-126 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Inspector or his duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and , 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 e e Page 2. Ordinance l455 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 WHEREAS, sect~ "118(()~VideS that, bUilding; and 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 condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and ~ t-~3-K~ WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lots OUTLOT ~; Blk. HLA, LA PORTE OUTLOTS Tract, 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 July 3, 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, Joe Smith, whose address is 11019 N "L" La Porte, Texas 77571 that a hearing as provided in Section 5 of said Ordinance would be held at 604 West Fairmont Parkway, at the Council e Page 3. Ordinance 1455 e Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; u 0 (D 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 received said notice on August 26, 198~, a date more than ten (10) days before he date set for " said hearing; ~ ~ - ;):3-f6 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 WHEREAS, City Council entered its order on September 9, illS. 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 of the City Council of the City of La Porte, and its conclusions, based upon the evidence presented at said hearing. . Page 4. Ordinance l4~ e 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. ~ectioD 3. The City C~Ci~her{b~dS' determines and declares such building to be a nuisance, and orders such building 6?\..., o ~d3-Dl Section 4. The City Council hereby finds, determines and declares that Joe Smith, who resides at 11019 N "L" La Porte, Texas 77571, is the record owner of the property on which this building is situated, and as such record owner, the said ~ Smith has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said . . Joe Smith to entirely remove or tear down such bUilding, and further orders the said Joe Smith to 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 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 Secretary to forward a certified copy of this Ordinance, to the e Page 5. Ordinance 1455 e record owner of said property, the said ~ Smith, by registered mail, return receipt requested. Section 8. t comply with the to the removal or demolition of ten (10) days after service hereof, then the Board of Inspection of the City of La Porte shall enter upon said premises with such assistance as it may deem necessary, and cause the said bUilding to be removed or shall be charged a nses of such procedure ~ Smith record owner of said demolished without property, and shall thereupon become a valid and enforceable personal obligation of sai~ow~e~~~p~mises. 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. e Page 6. Ordinance ~ . Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED JiSohe-1iJ2-:: January-;---[5HfEi- .- PORTE O'"'V\... , -:;3 -g~ Mayor ATTEST: City Secretary APPROVED: City Attorney