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HomeMy WebLinkAboutO-1956-502 r-- (,. \, ',~ I ~,-, _._-_// ~"\ '.\; ,/ \ " c\. .1 . I / / "--. -- ~" , ..,." \ \: . ; , I I " / ......... . . ORDINANCE NO. 502 AN ORDINANCE CREATING A BOARD OF INSPECTION, SPECIFYING ITS DUTIES, PROVIDING FOR THE CONDEMNATION, REPAIR, OR REMOVAL OF BUILDINGS, SETTING UP PROCEDURE, PROVIDING FOR RESORT TO THE COURTS, REPEALING ALL ORDINANCES OR PARTS OF ORDI_ NANCES IN CONFLICT THEREWITH AND PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A .MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT LESS THAN TWENTY-FIVE DOLLARS ($25.00) NOR MORE THAN TIO HUNDRED DOLLARS ($200.00) AND EACHDAI OF SUCH VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE, TEXAS, THAT: Section -1. DEFINITIONS.' This OI'dinance shall be referred to and I known as the nCond~mnation Ordinance", and the .following words or terms as here in defined shall c~ntrol in the enforcement and construction of this ordinanc~: (a) The term bBoardn, as herein used, shall mean the Board of In- spection as hereincreate~. (b) The te'rm"Building", as herein used. shall mean any building, ' fence. awning, shed, sign.. wall or a:ny other erection whatsoever located with- in the corporate ~i:mits .of the City of LaPorte. in Harris County, Texas. (c) The term "Nuisince", as herein usedt shall mean any building, fence. awning. shed. signt wall. or other erection of any kind whatsoever, or any part ,thereof) whichl for want of repair. .or by reason of age, dilapidated condition, or use. to which it is putj or by"reason of bad condition. of the wall . defective construction, overloaded floors, or lack of guards against fire. whic is a fire hazard,' ind is so situated as to endanger the person or property of others. or is lia.bIe to fall, or which from any other sufficient causet en- . , dangers the safety of persons or property. or renders the use of any street. alley! 01 sidewalk within the City of La POlte unsafe or dangerous to the users of such street] alley .or :;sidewalk. (d) The term ROwnerDt as herein used) shall be taken in the singula and plural sense '01 the word an~ shall include all owners. whether one or moret and all occupants. wheth~~ one or more: (e) The term "Commission". as used herein, shall mean the City Commission of the City of La portet Harris County. Texas. (n The term aBuilding Codell. as herein used. shall mean the build- ing code as it now: exists' and as it may hereafter from time to time be amended. Section 2.' BOARD .OF INSPECTION. There is hereby created a Boa.rd of Inspection to'be composed' of the Building Inspector. the Sanitary Engineer and the F ire Chief of th e C it.y of La Porte.: Texas. r-",- / ....-.. " ~: - . i \ ' !. I '~:" / .. / "'- ./ ~"" '.' '~ , I ~ / '". / "-._~..-~ ~"'\ .'..... '. :~.. , ,; "..... J '-----. -_./ ~'\ (.; I ~, ' ,-_~/' . .. . -2- Section' 4. NOTICE TO OWNER. If the report of the Board reveals that it is the opinion ot a majority of the Board that the building is in fact a nuisance! then .the ComlDission shall cause the City Clerk to notify the owner in writing as follows: (1) If the owner and his residence is known such notice shall be (a.> By. personal service by any Peace Officer of the City of La Porte. or by the Sheliftof the:County of the r~sidence of the owner as in the case of citation's in the District Courts of the State of Texas; or (b) By ~egiltered mail with return receipt ~equested addressed to the last known address of the nwner. (2) If service of such notice 'cannot be had as prescribed in Sub- division I of this Secti~n, ~hen notice. shall be published as provided for in , Subdivi,sion 3 of this S~ction; and one :attempt to secure service by either method ,provided for in Subdivision 1 of this Section shall be sufficient basis for envoUng this ~ubdiv~,sion'. . (3) If tbe owner is known but his residence is unknownt then such notice *ball be by publication in some daily new~paper of general circulation ~" ;' ,.~' \ ~' I ~// ~.........' .'1 "'-----.--./ fa) "'--~/I".. /-~ fl ) ,-~ / '. "-.- -,./ . . -3- in ~arri~ County,'iexas, two (2) times, the first publication to be inserted not m~re than fifteen (15) days and not less than' ten (10) days prior to the date of the hearing befote the City Commission and the last publication shall be not more than ten, (10) days and not less than five (5) days prior to such hear- ing. (4) If.the Q~nership of the. building is unknown, then the notice shall he serv~d as provided for in Subdivision 2 of this Section. (5) '~hen a comphint under this ordinance has been made as to the condition of a parUcular building.' the owne!ship of which has been granted or accrued to the h~lrs as such of any deceased person, and if the names of such heirs are unknown, the nQtice shall be directed against themt their heirs or .legal representatives.~escribing them as the heirs of such named ancestor. (6) The notice as called for in this Settionshall be sufficient if it contains the 'following information: (a) . If served by reaistered mail or personal service, that a com- plaint ha~ been made and by whom madet that due investigation has been made as . requir~d by thiS ~rdinanceJ and the ~otice shall contain a brief statement of th condit~on 'of the'building as found by the Board; the time and place of the hear- ing shall be stlted, and the Owner shall be commanded to appear before the Com- missiln at such time arid place to show cause why the building should not be de- clareda nuisanc~t condemned) ordered repaired or torn down; (b) If served by p~blication,the notice shall only contain the statement that the Boaf~, after complaint and due investigation, has found the buildi~g to be ~. nuisance in fact and shall command the Owner to appear at a specified time' a,nd pU~e before the Commission to show why the building should not be declared 'a nUlsa'ncer condemned.. and ordered torn down. (1) the hearing as called for in this Section shall be held at the regular meetin:g 'place ;Of the City Commission in the City Hall, in La Porte, '. , Harris CountYl T~xas, live (5) days after the perfection of service as provided for in Subdivision 'I (a) and I (b) of Section 4 of this Ordinance and five (5) days after the perfection of. service as provided for in Subdivision 3 of Section 4 of this ordinance. . SectiOn 5.' HEARING. The.hearing shall be held at the place speci- fied and theCommissi~,n shall hear evidence for and against the conclusions of ~'\ '.... ~,\ ; . I, .~' i \ / "'- ./ /~~ :~I\ \~ .!.~ , "'-... _.~/ /:\ fl. ) "'. ,.J ---- ~-~ /~ '''-''T / _n_________ . . -4- the Boardr and such hearing shall be continued from day to day until all evi- dence offered by the City or the owner shall have been received. Section 6. ORDERS. Within twenty-four (24) hours after the termi- nation of the he~ringl the City Commission shall make its decision in writing setting out the facts upon which it based its opinion, and if its decision is in favor of the findi~gsofthe Board to the effect that the building is in fact a nuisance as herei;n defined, then its order shall be to the .effect such b~ilding is in fact a nUisance and that it is by such order condemned. . The judgment shall further c~~tain an 9rderl as the facts may justifYr requiring that the owner shall either repair such building in compliance with the build- ing code ~f the Gity of La Porte~ or that the owner shall entirely remove or tear down such building. and that suc~ ~epairs Or removal shall be commenced within ten (10) 'day~ fr.om the date of such judgment and complete within a rea- sonable time. Such. jridgment shall also contain an order to the applicable member.of the Board to,cause a notice of ~he dangerous. insanita~y or other condition of the building to be affixed in one or more conspicuous places on the exterior of th~ building~ and no person shall remove or deface such notice under penalty of law, ~s herein set out or as set out in other ordinances of the City of La ~orte.Texas as the same exists at the date of such notice. Section 7. PROCEDURE AFTER HEARING AND ORDER. If the owner has bee reached by one'of the modes of notice hereinabove set out and the address of such owner is known at the date of the entering of the judgment of the Commissio , then a copy of~uch judgment ShBll be delivered in person by any Peace Officer . of the City of La Pottel Texasl who shall make due return of the service of such notice as in the case of citations in the District Courts of Texas. or such notice may ber at the option of the C'ommissionr sent to such owner by registere maill return r~ceipt requested. If the residence of such owner is not knownl then such judqmen.t shall 'be published in some newspaper of general circulation in Harris County and the City of La PorJet at least two (2) times within ten (IO) days afte-r the entering of the judgment of the Commission, and if within ten (10) days after the l~st publication or service of such judgment the owner has not complied with the order to repair or remove such buildingr then t~e Board may en~er upon the premises with such assistance as it may deem necessary and cause the' sa.id building to be repaired or removed without delaYI and the '. r---.~,; \, "!!!I!!!!! ' ) ~ --., ~" .'.. \, .' , , . . , . , J ";;:::.::>" I ~/ /~~ I~, ) ~.. ,/ ~:\ la ; ~ I "'-_./'/ ep } \r e -5- expenses 'of such plqcedure shall be charged against the owner and shall there- upon beco~e a valid, and enforceable personal obligation of the owner of such , . premises which may be recovered by the City in a suit brought for that purposej and the City Commission may.by Qrdinances enacted by it. assess the expenses on the land bccupied by such. building, or t~e land to which such building was attachedr and make the same a lien thereon. Sectional PENALTY. Any person violating the terms of this ordinanc shall be deemed gUilty of a misdemeanor and upon conviction shall be fined in any sum no~ less than twenty-five dollars ($25.00) nor more than two hundred . . . . . dollars ($200.00)a,nd each day of such violation shall be deemed a separate offense. Section' 9. RE,SORT TO THE COURTS. Nothing in this ordinance shall be construed as abridging the right .of the City of La Porter Texas to resort to the Courts of thiS State for the enforcement. of this ordinance. or of the rights of any OWner to resort to the Courts of this State in an attempt to enjoin the enforcement of thiS ordirtance. Section' 10. ~EPEALING OF CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith ~re hereby repealed. Section'll. SAVING CLAUSE. . If any sectionr paragraphr clause or sentence of this ordinance shall be declared void and unenforceable or uncon- I ....0:..... .. , .:.,..; -< .- 5J1:fJJ, . Mayor t t-..) . I .a Porte. Texas of La'Porter Texas'