HomeMy WebLinkAboutO-1986-1459
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ORDINANCE NO. 1459
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS~, BLOCK
35, LA "PORTE-TRACTi" rOWN" OF LA .PORTE, HARRIS COUNTY, TEXAS, TO BE
IN FACT A' NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING
THAT- Joe W. Clary 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
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
?REMISES BY THE CIT~'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,
La Po te, passed
and approved Sections 8-115 through 8-126 0 he Code of
Ordinances of the City of La Port !JC)cre ting a Board of
Inspection to be composed of t~e B i ~n~spector or his duly
authorized
representative, \~ t Marsha~ duly authorized
representative; an' L 0 L V
WHEREAS, Section 8-1~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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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 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
WHEREAS, it has heretofore come to the attention of the
Board of Inspection that the building located on Lots ~; Blk.
35, LA-E~ 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, Joe W. Clary, whose
address is 2Q1 San Jacinto 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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Chambers, City Hall, City of La Porte, Texas, at whi~h time the
Council would hear evidence for and against the conclusions of
the Board;
WHEREAS, the City Secretary has heretofore served notice of
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said hearing upon said owner, by registered mail, return receipt
requested, which return receipt indicates that said owner
received said notice on August 21, 1985, 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
WHEREAS, City Council entered its order on September 9,
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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 ]. 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.
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ordinance~9
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Secti~. 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 finds, determines and
declares such bUilding to be a nuisance, and orders such
building condemned.
Section 4. The City Council hereby finds, determines and
declares that Joe w. Clar~, who resides at 507 San Jacinto La
Porte, Texas
77571, is the record owner of the property on
which this building is situated, and as such record owner, the
said Joe W. Clarv has been duly and legally notified of these
proceedings.
Section 5. The City Council hereby orders the said
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Joe W. Clary to entirely remove or tear down such building, and
further orders the said Joe W. Clarv 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.
~Q1~~. 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
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record owner of said property, the said Joe W. Clary, by
registered mail, return receipt requested.
Section 8. Should the said Joe W. Clary 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 said premises with such assistance as it
may deem necessary, and cause the said bUilding to be removed or
demolished without delay, and the expenses of such procedure
shall be charged against the said Joe W. Clary record owner of
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.
Section 9. The City Council officially finds, determines,
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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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Secti~Q. This Ordinance shall take effect and be in
force from and after its passage and approval.
PASSED AND APPROVED this the -lTlli-aay ofJanuary-,- -1986-:-----------
CITY OF LA PORTE
By
Mayor
ATTEST:
City Secretary
APPROVED:
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City Attorney