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HomeMy WebLinkAboutO-1998-2247 e e ORIGINAL ACTION OF CITY COUNCIL On this, the 2 n d day of Ju n e , 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 BY~~/40-- or City of La Porte ATIEST: City Secretary CITY SECRETARY'S CERTIFICATE I hereby certify that on the 8th 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. j ~ltI1~ a. -ItrlJdt Ci Secretary City of La Porte e e ORIGiNAL. ORDlNANCE NO. 98- 2247 AN ORDlNANCE DECLARING THE BUILDlNGS LOCATED ON LOT(S) 18-19, BLOCK 88, ADDmON Bayffont HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDlNG CONDEMNED; FINDlNG THAT Betty 1. Short and Walter H. Short ARE 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 DEMOLmON WITIllN (10) DAYS FROM THE EFFECTIVE DATE OF TInS ORDlNANCE; ORDERING THE BOARD OF lNSPECTION TO PLACE A NOTICE ON SAID BUILDlNG; ORDERING TIIE CITY SECRETARY TO FORWARD A COpy OF TInS ORDlNANCE TO SAID OWNER(S); PROVIDlNG 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 FINDlNG COMPLIANCE WITH THE OPEN MEETlNGSLAW. 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 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 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 88: Lot(s) 18-19: Bayfront. which is further described as 114 So. Carroll Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a e Ordinance No. 98- 2 2 4 7 e , Page 2 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 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, Betty 1. Sho[!, whose address is 218 So. Ohio and Walter H. Short. whose address is 114 So. Carroll-LaPorte. TX77571 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 Hal~ 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 May 16, 1998 & (1) ''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 ofthe 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 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 finds, determines and declares such building to be a nuisance, and orders such building condemned. , Page 3 e Ordinance No. 98- 224 At Section 4. The City Council hereby finds, detennines and declares that Betty J. Short. 218 So. Ohio- La Porte. TX 77571 and Walter H. Short who resides at 114 So. Carroll- La Porte. TX 77571. are the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Betty 1. Short and Walter H. Short has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Betty J. Short and Walter H. Short to entirely remove or tear down such building, and further orders the said Betty J. Short and Walter H. Short 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 Betty 1. Short and Walter 1. Short. by registered mail, return receipt requested. Section 8. Should the said Betty 1. Short and Walter H. Short 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 Betty 1. Short. 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 ofthe 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- 2 247 e , Page 4 e 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)f~~/~_ ATTEST: ~t/I~ tit11/b. City secretary City Attorney