HomeMy WebLinkAboutO-1997-2149
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ORDINANCE NO. 97-2149
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT(S) 4-6, BLOCK
17, ADDITION Bayside Terrace, HARRIS COUNTY, TEXAS, TO BE IN FACT
A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Regina
A. Kearney & Gregory Wayne Peffer 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 INSPEC'I'ION 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 c:omplaint, 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 _____.__ ______ __.
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Ordinance No. 97- 2149
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WHEREAS, it has heretofore corne to the attention of the
Board of Inspection that the building located on Blk. 17: Lots 4-6:
Bayside Terrace. which is further described as 3115 Carlisle 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 December 2. 1996~, 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, Regina. A. Kearney &
Gregory Wayne Peffer, whose address is 3115 Carlisle! - La Porte. Tx
77571-7021, 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 December 30. 1996, a date more than ten
(10) days before the date set for said hearing;
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Ordinance No. 97-2149
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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 Janua:r:y 14. 1997 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 IA 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.
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Ordinance No. 97 -?14Q
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Section 4. The City Council hereby finds, determines and
declares that Regina A. Kearney & Grego:r:y WaYne Peffer, who resides
at 3115 Carlisle - La Porte. Tx 77571-7021, is the record owner(s)
of the property on which this building is situated, and that as
such record owner(s), the said Regina A. Kearney & Grego:r:y Wayne
Peffer has been duly and legally notified of these proceedings.
Section 5. The City Council hereby orders the said Regina
A. Kearney & Grego:r:y Wayne Peffer to entirely remove or tear down
such building, and further orders the said Regina A. Kearney &
Grego:r:y Wayne Peffer 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 Reqina A. Kearney &
Grego:r:y Wayne Peffer, by registered mail, return receipt requested.
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Ordinance No. 97-2149
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Section 8. Should the said Regina A. Kearney & Gregory
Wayne Peffer 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 Regina A. Kearney & Grego:r:y Wayne
Peffer, 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 times during which'this
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Ordinance No. 97-2149
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ordinance and the subject matter thereof has tleen 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 13th day of January, 19~.
CITY OF LA PORTE
ByJ&~
Mayo
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ATTEST:
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City Secretary
AP~'uJ~
City Attorney