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HomeMy WebLinkAboutO-1998-2249 e e OR~GINAL ACTION OF CITY COUNCIL On this, the 2nddayof June ,1998, the City Secretary of the City of La Porte, having received the above 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 accord with the provisions of Section 82-475, Code of Ordinance of the City of La Porte. CITY OF LA PORTE B~~~~ Mayor City of La Porte A TrEST: ~.(). AdJd i Secretary CITY SECRET ARY' S CERTIFICATE I hereby certify that on the ~day of June , 1998, I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with Section 82-475, 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 Form attached hereto. 1JJt.~(j.II~ Ci Secretary City of La Porte e e OR~G~NAl ORDINANCE NO. 98- 2249 AN ORDINANCE DECLARING THE BUll.DINGS LOCATED ON LOT(S) 22-25 & S. ~ of26, BLOCK 37, ADDmON Town of La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUllDING CONDEMNED; FINDING THAT L. E. Posey. Jr. IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERlNG THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUllDING; ORDERlNG THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLmON WITIllN (10) DAYS FROM THE EFFECTIVE DATE OF TIllS ORDINANCE; ORDERlNG THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUlLDING; ORDERlNG 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 LAPORTE 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 ofInspection or any member thereot: 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 shaH, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said aHeged 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 shaH 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 37: Lot(s) 22-25 & S. ~ of26: Town of La Porte. which is further described as 112. 114. & 116 So. Broadway Harris County, Texas, has, for the reason of neglect or e Ordinance No. 98- 2249 e , Page 2 misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defmed 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 February 13. 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, L. E. Posey. Jr., whose address is Box P - La Porte. TX 77571-1944, 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 Returned" , 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 June 3. 1998 a day which is within fifteen (15) days after the termination of the hearing; NOW TIIEREFORE: BE IT ORDAINED BY THE CITY COUNCn. 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 of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby fmds, determines and declares such building to be a nuisance, and orders such building condemned. Ordinance No. 98- 2 2 4 e , Page 3 e Section 4. The City Council hereby finds, determines and declares that L. E. Posey. Jr.. who resides at Box P- 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 L. E. Posey. Jr. has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said L. E. Posey. Jr. to entirely remove or tear down such building, and further orders the said L. E. Posey. Jr. 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 L. E. Posey. Jr.. by registered mail, return receipt requested. Section 8~ Should the said L. E. Posey. Jr. 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 oflnspection 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 L. E. Posey. Ir.. 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 ordinance and the subject matter thereof has been discussed, considered and Ordinance No. 98- 224. , Page 4 -- 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 2nd day of June, 1998. CITY OF LAPORTE BY~~~~ ayor ATTEST: l4)cwI1iL c{. AJikL City Secretary ~cJ~' City Attorney