HomeMy WebLinkAboutO-1985-1461
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ORDINANCE NO. 1461
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS J1, BLOCK
2;SPENWICK PLACE.. SECTION 1 TRACT, TOWN OF LA PORTE, HARRIS
COUNTY~ TEXAS~-TO BE'IN FACT A NUISANCE; ORDERING SUCH BUILDING
CONDEMNED; ..FINDING, THAT. Vo Con' Vao IS THE RECORD OWNER SAID
PROPERTY; ORDERING 'THE SAID OWNER TO ENTIRELY REMOVE OR TEAR
DOWN SUCH, .BUILpING; 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
TH~~REMOVAL Q~' SAIP', PREMISES 'BY. THE CITY OF LA PORTE IF NOT
REMOVED,. Br :SAID'QWNER IN THE MANNER PROVIDED HEREIN; PROVIDING
AN,~~F~CT1YE pAr~ ~~PEOF;~AND FINDING COMPLIANCE WITH THE OPEN
M~ETINGS LAW. : ' . .
WHEREAS, the City Council of the City of La Porte, passed
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and approved Sections 8-115 through 8-126 of the Code of
Ordinances of the City of La Porte, creating a Board of
Inspection
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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,
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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. Ord lnance 1461
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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
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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
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Board of Inspection that the building located on Lots 3.1; Blk.
2., -, has,
SPENWICK PLACE SECTION 1 Tract, Harris County, Texas,
the .... . . .. . ~,'" ..
for 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
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bUilding to be in fact a dangerous bUilding;
WHEREAS, City Council received such report, and ordered
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notice to the record owner of said property, Vo Con Van, whose
address is 1419 Suplhur ~ouston, Texas 170l& that a hearing as
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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 1461
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Chambers, City Hall, City of La Porte, Texas, at which time the
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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
received said notice on August 2Q, 1Q8~, 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 q,
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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-1. This Ordinance contains the findings and orders
of
the
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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 14[1
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~ction 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-1. The City Council hereby finds, determines and
declares such
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bUilding
to
be
a
nuisance,
and
orders
such
building condemned.
Section 4. The City Council hereby finds, determines and
declares
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that YQ Con Van, who resides at 1~19 Suplhur Houston,
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Texas 770~4, is the record owner of the property on which this
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bUilding is situated, and as such record owner, the said Vo Con
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Yan has been duly and legally notified of these proceedings.
Section S. The City Council hereby orders the said
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Vo Con Van to entirely remove or tear down such building, and
further orders the said Vo Con Van to commence such removal
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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 notlce 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
Page 5. Ordinance tltl
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record owner of said property, the said Vo Con Van, by
registered mail, return receipt requested.
Secti~. Should the said yo Con Van not comply with
the
orders
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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 Vo Con Van record owner of
said
property,
and
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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 q. 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
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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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Section 10. This Ordinance shall take effect and be in
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force from and after its passage and approval.
PASSED AND APPROVED this the ~ day of Seotember 1985.
CITY OF LA PORTE
~y)hAq~
Mayor
ATTEST:
~J~
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City Secretary
APPROVED:
City Attorney