HomeMy WebLinkAboutO-1995-2051
e
.
ORDINANCE NO.
95-2051
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT(S) 4 & N. 1/2 of
Lot 5, BLOCK d, ADDITION Oakhurst, HARRIS COUNTY, TEXAS, TO BE IN
FACT A NUISANCE~ ORDERING SUCH BUILDING CONDEMNED~ FINDING THAT
Karl L. Sprinaer c/o Elizabeth Kav Marconi. Bettv Marconi IS THE
RECORD OWNER(S) OF SAID PROPERTY~ ORDERING THE SAID OWNER(S) TO
ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING ~ ORDERING THE SAID
OWNER(S) 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(S)~
PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE
IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN~
PROVIDING AN EFFECTIVE DATE HEREOF ~ AND FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW.
WHEREAS, the city Council 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 Official 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(aa) 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
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
e
e
Ordinance No. 95-2051
, Page 2
WHEREAS, it has heretofore come to the attention of the
Board of Inspection that the building located on Blk. 3: Lot 4 & N.
1/2 of Lot 5; Oakhurst. which is further described as Crescent
Shores Dr. at Bav st. 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 June 21. 1995, finding said
building to be in fact a dangerous building:
WHEREAS, city Council received such report, and ordered notice
to the record owner(s) of said property, Karl L. sorinaer c/o
Elizabeth Kav Marconi. Bettv Marconi, whose address is 10215
Catlett - La Porte. Tx 77571, that a hearing as provided in section
5 of said Ordinance would be held at 604 West Fairmont Parkway, at
the Council 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(s), by registered mail, return receipt
requested, which return receipt indicates that said owner (s)
received said notice on "Notice Returned", a date more than ten
(10) days before the date set for said hearing:
.
e
Ordinance No. 9')-20')1
, Page 3
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 Auaust 14. 1995 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.
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.
e
e
Ordinance No. Q';-?O';l
, Page 4
section 4. The City Council hereby finds, determines and
declares that Karl L. SDrinaer c/o Elizabeth Kav Marconi. Bettv
Marconi, who resides at 10215 Catlett - La Porte. Tx 77571, is the
record owner(s) of the property on which this building is situated,
and that as such record owner(s), the said Karl L. SDrinaer c/o
Elizabeth Kav Marconi. Betty Marconi has been duly and legally
notified of these proceedings.
Section 5. The City Council hereby orders the said Karl L.
Sprinaer c/o Elizabeth Kay Marconi. Bettv Marconi to entirely
remove or tear down such building, and further orders the said Karl
L. SDrinaer c/o Elizabeth Kav Marconi. Betty Marconi to commence
such removal within ten (10) days from the effective date of this
Ordinance, and to complete such removal of 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 notices 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
record owner(s) of said property, the said Karl L. SDrinaer c/o
Elizabeth Kav Marconi. Betty Marconi, by registered mail, return
receipt requested.
.
e
Ordinance No. 95-2051
, Page 5
Section 8. Should the said Karl L. SDrinaer c/o Elizabeth
Kav Marconi. Betty Marconi not comply with the orders contained in
this Ordinance relating to the removal or demolition of such
building within ten (10) days after hereof, then the Board of
Inspection of the City of La Porte shall enter upon the 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
Karl L. SDrinaer c/o Elizabeth Kav Marconi. Bettv Marconi, record
owner(s) 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 lien thereon.
section 9. The city council officially finds, determines,
and 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 Statutes Annotated; and that
this meeting has been open to the public as required by law at all
.
e
Ordinance No. 95-2051
, Page 6
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.
section 10.
This Ordinance shall take effect and be in
force from and after its passage and approval.
PASSED AND APPROVED this the 14th day of Auaust, 19 95.
CITY OF LA PORTE
By4/a~~-
Ma or
ATTEST:
~"~.. ~
Cl.ty Secretary
APPROVED: ~;1
/~ /'/:(
~N~
City Attorney