HomeMy WebLinkAboutO-1998-2246
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OR~G'~\I/
ACTION OF CITY COUNCIL
On this, the 2nd day of 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
BY:~~/~~
, ayor \
City of La Porte
ATTEST:
'1f/.dH/I1l> a. ANfliL
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.
'-fJJ!u,~ a. ./{.dIH/
City ecretary
City of La Porte
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OR~G~NAL
ORDINANCE NO. 98- 2246
AN ORDINANCE DECLARING THE BUlLDINGS LOCATED ON LOT(S) 33-34, BLOCK 73,
ADOmON Bayfront HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE;
ORDERING SUCH BUll..DING CONDEMNED; FINDING THAT Edward A Gibbs IS THE
RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO
ENTIRELY REMOVE OR TEAR DOWN SUCH BUllDING; ORDERING THE SAID
OWNER(S) TO COMMENCE SAID REMOVAL ORDEMOLmON WITIDN (10) DAYS
FROM THE EFFECTIVE DATE OF TInS ORDINANCE; ORDERING THE BOARD OF
INSPECTION TO PLACE A NOTICE ON SAID BUllDING; ORDERING THE CITY
SECRETARY TO FORWARD A COpy OF TInS 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 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 73: Lot(s) 33-34: Bayfront. which is further described as 216 So. Carroll
Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a
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Ordinance No. 98- 2246
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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, Edward A Gibbs, whose address is 216 So. Carroll, 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 "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 f1fteen (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 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.
Ordinance No. 98- 2 246 e
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Section 4. The City Council hereby finds, determines and declares that Edward A
Gibbs. who resides at 216 So. Carroll- 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 Edward A Gibbs has
been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Edward A Gibbs to entirely remove
or tear down such building, and further orders the said Edward A Gibbs 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 fOlward a certified copy
of this Ordinance, to the record owner(s) of said property, the said Edward A Gibbs. by registered
mail, return receipt requested.
Section 8. Should the said Edward A. Gibbs 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 Edward A.
Gibbs. 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_
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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~RTE
By. ~~_
yor
ATTEST:
~~ a. JfJdttt
City Secretary
City Attorney