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HomeMy WebLinkAboutO-1998-2301 . eORIGlNAL ORDINANCE NO, 98- 2301 AN ORDINANCE DECLARING THE BUll..DINGS LOCATED ON LOT(S) ~ BLOCK~, ADDITION BROOKGLEN. SECTION 2, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUll..DING CONDEMNED; FINDING THAT JOHN W. JOINER IS THE RECORD OWNER (S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUll..DING; ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN (10) DAYS FROM THE EFFECTIVE DATE OF TIllS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUll..DING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF TIllS 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 Section 82- 472 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, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) of said Section provide that: Whenever it shall come to the attention of the Board of Inspection or any member thereof, by reason of the canying 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 82-474 (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 not matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Block 6: Lot 22: Brookglen. Section 2. which is further described as 8502 Ash~ne Lane. Harris County, Texas, has, for the reason of neglect or misuse, been allowed to Ordinance No: 98-1, ~o, . , Page 2 e deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 82-473 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 November 2. 1998 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, John W. Joiner, whose address is 8502 Ashwyne Lane - La Porte. Tx77571- 3619. that a hearing as provided in Section 82-477 of said Ordinance would be held at 604 W. 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 indicated that said owner(s) received said notice on (Notice Mailed November 30.1998 - Return Receipt Not Received as of 12/7/98). 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 December 29. 1998 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: , Page 3 e Ordinance No. 98- 2301- 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 conclusion, 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 ofInspection, 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. Section 4. The City Council hereby finds, determines and declares that John W. Joiner. who resides at 8502 Ashwyne Lane - La Porte. TX 77571-3619 is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said John W. Joiner has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said John W. Joiner to entirely remove or tear down such building, and further orders the said John W, Joiner 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 oflaw. 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 John W. Joiner. by registered mail, return receipt requested. Section 8, Should the said John W. Joiner 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 ofInspection 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 John W. Joiner. 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 , Page 4 e Ordinance No. 98- 2301- 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 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 passsage and approval. PASSED AND APPROVED this the 29th day of December, 1998. CITY F.;1\ PORTE By ATTEST: ~t1,{}. .MJ1ku City Secretary APPROVED: City Attorney . e ACTION OF CITY COUNCIL On this, the J t.fn- day of --.lJ eCflnB e ( , 19 ~ the City Secretary of the City of La Porte, having received the abocve and foregoing report from the Board of Inspection of the City of La Porte, the City Secretary of the City of La Porte is hereby. ordered to notify the owner in writing in accordance with the provisions of Section 8-119, Article IX, Code of Ordinances of the City of La Porte. CITY OF LA PORTE By: )~J/~7/Jr/..- ATTEST: CITY SECRETARY'S CERTIFICATE I hereby certify that on the H:- -It.. day of Dae (h\. ~r: 19 q~, I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with Section 8-119, Article IX, of the Code of Ordinances of the City of La Porte, A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Fonn attached hereto. ~1i1~, t/J1Lt1) M ha Gillett City Secretary .- e ,/' City of La Porte Established 1892 November 30, 1998 CERTlInED MAIL Z 473 047 021 John W. Joiner 8502 Ashwyne Lane LaPorte, TX 77571 Re: Building at: Legal Description: 8502 Ashwyne Lane BIk. 6; Lot 22; Brookglen S.2 Dear Mr. Joiner: A complaint concerning the condition of the building on the above described property has been filed under the City of LaPorte Ordinance 97-2198; Article VI; Section 82- 411; Code of Ordinances, of the City of LaPorte. Pursuant to a complaint filed by LA PORTE BOARD OF INSPECTIONS, an investigation of the premises has been made as required by said Ordinance, by the Board of Inspection of the City of LaPorte. A copy of the Board I s report, as filed by the Board with the City Council of the City of La Porte, is attached to this letter and is a part of this notice. As owner of the above described property, you are hereby ordered by the City Council of the City of LaPorte to be and appear before the City Council at a public hearing to be held at the City Council Chambers, City Hall, City of LaPorte, 604 W. Fairmont Parkway, LaPorte, Texas, at 6:00p.m., on the 14da day of December, 1998, and as the same may from time to time be adjourned, to appear and show cause why the building should not be declared a nuisance, condemned, and ordered repaired or tom down, as more fully set forth in such notice attached hereto. This public hearing process need not be carried out if you, the property owner, choose to follow one of two alternative courses of action. One alternative is simply to have the structure demolished. Any demolition shall be in accordance with City Ordinances. The second alternative is to complete, have notarized and return the enclosed "Consent to Demolish" form. A photocopy of the property title must be attached to the form. ~.. :):, . r.:,..... .!::" L:l Portt:. r~:.....=- -~5-:..;; ,5. ,:"'i! .;~i-50:2rj / e e The Consent to Demolish should be returned to the City prior to the Public Hearing date. Please note, should this building be demolished at the City's expense, you as property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. Should you wish to repair this structure, a set of plans detailing the work to be performed should be submitted to the City's Inspection Division. As the public hearing, the City's Building Official will present a report to City Council assessing the feasibility of the proposed repairs. City Council will make the final determination whether the building may be repaired or condemned and demolished. Please note, submitting repair plans does not stop the public hearing proceedings. Respectfully, CITY OF LA PORTE ~d-)/-<I/.l.d. B : Martha Gillett, Clty Secretary cc Mayor and City Council Board of Inspection " ~ -....-- . e NOTICE OF PUBLIC HEARING In accordance with the provisions of City of La Porte Ordinance #97-2198; Article VIll; Section 82-474, notice is hereby given that the LaPorte City Council will conduct a Public Hearing at 6:00 P.M on the 14th of December, 1998, in the Council Chambers of the City Hall, 604 West Fainnont Parkway, La Porte, Texas. The purpose of this hearing is to consider condemnation ofthe following building which have been found by the Board of Inspection to be dangerous and a nuisance. 8502 Ashwyne Lane Blk. 6; Lot 22; Brookglen, Section 2 Owner: John W. Joiner Owner(s} of the above listed buildings are hereby commanded to appear before the City Council to show why their buildings should not be declared a nuisance, condemned and ordered to be tom down. Citizens wishing to speak at the public hearing, pro or con, will be required to sign in before the meeting is lXlnvened. Following the public hearing, a regular meeting of the City Council will be held to act upon the public hearing and other matters to be brought before the Council. CITY OF LAPORTE Martha Gillett City Secretary .' . . CITY OF LA PORTE nANGER01JS nTTILDlNG 1NSPRCTJON FORM DATE Nftvemher 02. 1998 S'I'REE1' ADDRESS ~02 Ashwyne Ln. OWNER J.l1hn W. Joiner AGENT n/a MAILING ADDRESS R:i02 Ashwyne 1.ane. La porte. TX 77571 BLOCK..n- LOT(S) 22 SURVEY/SUBDlV. Brookl!len S. 2 OCCUPANCY TYPE Residential zoNING R-l FACILITIES AVAILABLE: WATER -'- SANITARY SEWER-L- ELECTRICAL POWER .I GAS .I NO. OF DWELLING UNITS J- VACANT L OCCUPIED- AS REQUIRED IN CITY OF LA POIm! ORllINANCB 197-2198, ArtIcle VIR' S. 82-474. T!IIl BOARD OF INSPECTION MADE AN INSPI!CTION OF THE AFOJU!MIlN'l1ONBD PROPERTY. AND DETERMINED T!IIl Bun.DING LOCATBD THIlRBON. IN nul1R OPINION. IS IN FACf A DANGEROUS Bun.DING. FOR T!IIl FOLLOWING BIlASONS: (AS OITfUNI!D IN CITY OF LA pOBTI! ORllINANCB 197-2198; Article VIR' S. 82-413). [.I] I) BECAUSE OF FAULTY CONSTRUCTION. AGE. LAcK OF PROPllR REPAIR OR ANY OTHER CAUSB, IT IS ESPECIAu..Y LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR [.I] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE. IT IS L1AIlLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR [.I] 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LAcK OF SECURBD DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFAC'fORS OR DISORDERLY PERSONS WHO ARE 'NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR [.I] 4) BECAUSE OF ITS CONDmON. IT IS DANGEROUS TO FUBUC HBALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING STRUC'fURES. NOTE: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF THIS REPORT FIN I (j C 1 1l is the opinion of this inspcction board tbat tbis building is in fact dangerous, but still repairable. All repairs or altel'lltions required to be done shall be done in accordance "Uh .11 CUy .r La Farl. c..... .nd ............ .ppllcahle. If ,h. replllrs or .11....,... ....... ~ not c.mpBod "Uh "Uhln ,he ,_Ie set .., In City .r La Foote ()nIIaaDCO 191- 2198; Article V1I1; S. 82-478. It ~ then 'he opI..... or 'h~ InSpecllon haonllhat 'hb building bc dClllolisbcd. " ~.1V~ IlUlLDING OI7FICIAI4'S OFFICE ~/)~"- F1RE MARSHAL'S OFFICE x#~ f1 E CHIEF'S OFFICB . .mILDlNG EVALUATION CHECKLle A = Adequate D = Deticient NI A = Not Applicable II. MECHANICAL SYSTEMS A, Electrical I. Service Entrance & Panel JL Burned Building 2. Wiring JL Burned Building 3, Lights, Switches JL Burned Building 4, Outlets JL Burned Buildine 5, Other JL Burned Buildin~ B, Plumbing 1. Fixtures " a. Sink JL Burned Buildin2 b. Lavatories JL Burned Building c. Water Closets JL Burned Building d. Tub/Shower JL Burned Building e. Water Heater ...IL Burned Building 2, Water Piping JL Burned Buildin2 3. Drain, Waste & Vent JL Burned Building 4. Sewer/Seplic Tank JL Burned Building 5. Gas System JL Burned Buildin2 I. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Foolings b, Sills c. Joists B. Walls 1. Exterior 2. Inlerior C. Means of Egress I. Doors a. Interior b. Exterior 2. Porchs, Steps, Stairs 3, Windows D. Roof 1, Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Olher COMMENT/EXPLANATION Jlnk Unable to in~t JJiA.. ....nlL JJiA.. -Il... Burned Building -1L Burned Building -Il... Burned Building ...ll- Burned Building -Il... Burned Building ...ll- Burned Building -Il... Burned Building ...ll- Burned Building ...IL Burned Building JL Burned Building JL Burned Building JL Runted Building C. Ihmlin(; &. Air Cunditioning 1. Heating JL 2. Air Conditioning JL III. PROPERTY CONDITIONS 1, Accessory Slmclures 2, Condition of Grounds 3. Olher Burned Building Burned Building J.!nk JL JL Weeds Trash and exterior storage COt..!MENTS: Major damage caused by fire on June 3. 1998 11.'96 R.., "'....b\di.rnnl............ bui161 \ , . . CONSENT TO DESTRUCTION OF CERTAIN BUILIHtlGS 'BY CITY OF LA PORTE, '-IAIVER OF NOTICE AND PUBl.IC HEARING, AGREE~IENT TO IIOLD CIn OF LA PORTE, ITS EMPLOYEES AND AGENTS HARMLESS. KNml ALL HEN BY THESE PRESENTS: That I, having shown proof of -----------------------------------. ownership do hereby waive all rights I may have for notice and a pUblic hearing in regard to the condition of located on my property, the (sp~1fy-parti~~la;-b~ildi~g;-O;-struct~;e;) legal description of which iSj ________________________________________ and I hereby consent to the demolition of said buildin~s and structures on the above desc."ibed prope,"ty by the City or La Porte, or by any agents and employees or the City or La Porte and I hereby agree to hold harmless the City of La Porte and all its agents, employees and/or independant constractors of the City of La Porte for any injury to persons or property caused in the prepal"ation ror demolition of said buildings and/or structures; in the actual demolition of said buildings and/or structures, or in removal or materials or equipment after demolition of said buildings and/or structures, and there is no insurance on above described property or structure. 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