HomeMy WebLinkAboutO-1995-2057
e
e
95-2057
ORDINANCE NO.
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT(S) 10.11, BLOCK
112, ADDITION Town of La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT
A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Charlie
Martin and Marv Martin 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 8-11S 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. 95-2057
, Page 2
WHEREAS, it has heretofore come to the attention of the
Board of Inspection that the building located on Blk. 112: Lots
10.11: Town of La Porte. which is further described as SlS So. 4th
Street 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 23. 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, Charlie Martin and Marv
Martin, whose address is 1424 Waseca st. - Houston. Tx 770SS-4412,
that a hearing as provided in section S 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 Auaust 03. 1995, a date more than ten (10)
days before the date set for said hearing:
e
e
Ordinance No. 95-2057
, 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 (lS) 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 (lS) 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. 95-2057
, Page 4
section 4. The city council hereby finds, determines and
declares that Charlie Martin and Mary Martin, who resides at 1424
Waseca st. - Houston. Tx 770SS-4412, is the record owner(s) of the
property on which this building is situated, and that as such
record owner(s), the said Charlie Martin and Marv Martin has been
duly and legally notified of these proceedings.
Section S. The City council hereby orders the said Charlie
Martin and Marv Martin to entirely remove or tear down such
building, and further orders the said CharI ie Martin and Mary
Martin 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 Charlie Martin and Marv
Martin, by registered mail, return receipt requested.
.
e
Ordinance No. 95-2057
, Page S
section 8. Should the said Charlie Martin and Marv Martin
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 Charlie Martin and Marv Martin, 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 62S2-17, Texas Revised civil Statutes Annotated; and that
this meeting has been open to the public as required by law at all
.
e
Ordinance No. 95-2057
, 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 9S.
CITY OF LA PORTE
By I!UW4< ~Al
ATTEST:
~~
City Secretary
6?::~~'
city Attorney ,