HomeMy WebLinkAboutO-1997-2154
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ORDINANCE NO. 97-2154
AN ORDINANCE DECLARING THE BUILDING LOCATED ON TRACT(S) 390,
ADDITION La Porte Outlots, HARRIS COUNTY, TEXAS, TO BE IN FACT A
NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Kyle o.
Garner 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 corne 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, wi thin
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
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Ordinance No. 97-2154
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WHEREAS, it has heretofore corne to the attention of the
Board of Inspection that the building located on Tr. 390: La Porte
Outlots. which is further described as 11.200 Blk. N. P. 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, Kyle o. Garner, whose
address is RR1. Box 42 - Shenandoah Junction. WV 25442-9512, 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 Unclaimed", a date more than ten
(10) days before the date set for said hearing;
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Ordinance No. 97-2154
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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 January 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 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.
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Ordinance No. 97 -? 1 '1l.
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Section 4. The City Council hereby finds, determines and
declares that Kyle O. Garner, who resides at RR1. Box 42
Shenandoah Junction. WV 25442-9512, is the record owner(s) of the
property on which this building is situated, and that as such
record owner(s), the said Kyle O. Garner has been duly and legally
notified of these proceedings.
Section 5. The City Council hereby orders the said Kyle O.
Garner to entirely remove or tear down such building, and further
orders the said Kyle O. Garner 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 Kyle o. Garner, by
registered mail, return receipt requested.
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Ordinance No. 97- 2154
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Section 8. Should the said Kyle O. Garner 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 Kyle O. Garner, 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
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Ordinance No. 97-2154
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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 13th day of January, 19 97.
CITY OF LA PORTE
By~~?k~
Mayor
ATTEST:
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City Secretary
APPROr ~
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City Attorney