HomeMy WebLinkAboutO-1986-1456
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ORDINANCE NO.1456
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS Outlot 477,
BLOCK ~. lUA"LA' PORTE'" OUTLQIS 'TRACT," TOWN - OF . LA" PORTE, HARRIS
COQNTY, "TEXAS, TO B~ IN."FACT' A NUISANCE; ORDERING SUCH BUILDING
CONDEMNED; FINDING THAT Rustv Smith IS THE RECORD OWNER SAID
PROPERTY; ORDERING'THE SAID OWNER TO ENTIRELY REMOVE OR TEAR
DOWN 'SUCH .BUILDING~- ORDERING THE SAID OWNER TO COMMENCE SAID
REMOVAL'OR DEMOLITION WIrHIN .TEN (10)' DAYS -FROM THE EFFECTIVE
DATE" 'OF~, THIS: ORP~NANCE; 'ORDERING THE- BOARD OF INSPECTION TO
PLACE A" NOlICE ON SAID'BUILDING; ORDERING THE CITY SECRETARY' TO
FORWARD "A COPY~ OF .THIS ,O~DINANCE 'Tp SAID OWNER; PROVIDING FOR
THE REMOVAL OF SAID PREMISES BY THE1jY OF -LA PORTE 'IF NOT
REMOVED,. BY ':SAID OWN I~"IN rH~'"Mt" NNE ? VIDED HEREIN;' PROVIDING
AN EFF~CT~VE DAT~ H~R F;8"D FI DI ~O PLIANCEWITH THE OPEN
MEETINGS. LAW." " ,"." . . . . ...." . " '.' . "
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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
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Page 2. Ordinance 1456
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, sectlon\8-11~) pr(Vi~hat, after the
inspection proVid~for ~this S~ 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.
circumstances
~UCh report shall sta~ the
f th(PbUU:J)~PDJJ &~ such
shall be filed in all cases no
conclusion was
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 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 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, Rustv Smith, whose
address is 10712 N. "H" 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
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Page 3. Ordinance ~
Chambers, City Hall, City of La pqrte, Texas, at which time the
Council would hear evidence'for and against the conclusions of
the Board;
WHEREAS, the
sec~rY 'as~tofore served notice of
owner, by registered mail, return receipt
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said hearing upon s
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 ~aid hearing;
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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 q,
iili'
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
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conclusions, based upon the evidence presented at said hearing.
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Page 4. Ordinance ~
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 i. The City
Council herebY.:~, determines
to 0 VnUi(y and orders
and
declares such building
such
building condemned.
Section 4. The City Council hereby finds, determines and
declares that
resides at 10712 N. "H" ...1.s.
of ~hfr- fi~6~~ h~
which this
as such record owner, the
said Rusty Smitn has been duly and legally notified of these
proceedings.
Section 5. The City Council hereby orders the said
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Rusty Smith to entirely remove or tear down such building, and
further orders the said Rustv 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
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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
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Secretary to forward a certified copy of this Ordinance, to the
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Page 5. Ordinance 145~
record owner of said property, the said Rustv Smith, by
registered mail, return receipt requested.
Section 8. Should the said Rustv Smith not comply with the
orders ~ont~inld 1n th\s otdin~ relating to the removal
or demolition O~C~ild.ng~in ten (10) days after
service hereof, then the Board of Inspection of the City of
La
Porte
shall enter upon said premises with such
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assistance as
cause the said
building to b
without delay, and the
expenses of such pro~d~e sha:! ~e~harged against the
said Rusty Smith record~wne~;?said property, and shall
thereupon
become
a
valid
and enforceable personal
obligation 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.
Secti~. 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
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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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Page 6. Ordinance 1456
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Section 10. This Ordinance shall take effect and be in
force from and after its passage and approval.
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PASSED AND APPROVED this the~3th daY-of Ja~uary, 1 98El.
CITY OF LA PORTE
By
ATTEST:
Mayor
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A
City Secretary
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APPROVED:
~vJGL
City Attorney