HomeMy WebLinkAboutO-1965-717
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AN ORDINANCE DECIARING THE BUILDING LOCATED ON LOT TWENTY-ONE
(21), BLOCK FIFTY-NINE (59), TOWN OF IA PORTE, HARRIS CDUNTY,
'tEXAS, TO BE n~ FACT A NUISANCE: ORDERING SUCH BUILDING CON-
DEMNED: FINDING THAT W. L. POWERS IS TEE' OWNER OF SAID PRO-
PERTY: ORDER!NG THE SAID OWNER TO ENTIRELY REMOVE OR TEAR
DOWN SUCH BUILDING: ORDERING THE SAID OWNER TO COMMENCE SAID
REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE
DATE OF THIS ORDINANCE: ORDERING THE FIRE CHIEF TO PIACE A
NOTICE ON SAID BUILDING: ORDERING ~HE CITY CLERK TO FORWARD
A COPY OF THIS ORDINANCE TO SAID OWNER: PROVIDING FOR THE
REMOVAL OF SAID PREMISES BY THE CITY OF IA PORTE IF NOT
REMOVED BY SAID OWNER: AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,' the City Commission of the City of La Porte,
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on the 6th day of July, 1956, passed and approved Ordinance No.
502, creating a Board of Inspection to be composed of the, Building
Inspector, the Sanitary Engineer and the Fire Chief of the City
of La Porte, Texas: and
WHEREAS, such Ordinance No. 502, provides that, when-
ever it shall corne to the attention of the City Commission that
a nuisance exists, as defined in ..said Ordinance, such Board shall
within twenty-four (24l.hours of the receipt of such complaint
make a thorough inspection of such alleged nuisance, and there-
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after immediately make its report in writing as further provided
in said ordinance: and
WHEREAS, it has heretofore come to the attention of
the City Commission of the City of La Porte that the building
located on Lot Twenty- One (21), BloCk Fifty-Nine (59), Town
of La Porte, Harris County, Texas, has, for want of repair and
by reason of age, fallen into dilapidated condition, and become
a fire hazard, and is so situated as to endanger the person and
property of others: and
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WHEREAS, the City Commission of the City of La Porte
heretofore, to-wit: on the 3rd day of May, 1965, ordered said
Board of Inspection of the City of La Porte to make its thorough
inspection of said building located on said property, and to
thereafter make its report in writing, as provided in said
Ordinance, of the circumstances and condition of the said build-
ing; and
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WHEREAS, said Board of Inspection of the City of La
Porte has heretofore made and filed its written report,' dated
May 4, 1965; finding such said'building to be in fact a nuisance;
and
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WHEREAS, the City Commission of the City of La Porte
at its regular meeting of May 17, 1965, received such report,
and ordered n'otice__to the owner of said property W. L. Powers,
whose address is 107 West Main Street, East Prairie, Missouri,
that a hearing as provided in Section 5 of said Ordinance would
be held at 7:00 P.M. on June 7, 1965, at the Council Chamber,
City Hall, City of. La Porte, La Porte, Texas, at which time
the commission would hear evidence for and against the conclu-
sions of the Board; and
WHEREAS, the City Clerk of the City of La Porte has
heretofore served notice of said hearing upon said owner, by
registered mail, returri receipt requested, which return receipt
indicates that said owner received said notice on May 24, 1965,
a date more than ten (10) days before the date set for said
heari,ng; and
WHEREAS, at said date, time, and place, the City
Commission of the City of La Porte met in regular session to
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conduct such public hearing, at which time evidence was pre-
sented both for and against the conclusions of the Board of
In'spection i and
WHEREAS, the City Commission of the City of La Porte,
after due deliberation, and within twenty-four (24) hours after
the termination of the hearing, is required to make its decision
in writing and enter its order, all as provided in said Ordi-
nance No. 502.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF LA PORTE:
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Section 1. This Ordinance contains the findings and
orders of the City Commission of the City of La Porte, and its
conclusions, based upon the evidence presented at said hearing.
Section 2. Based upon the evidence presented at said
hearing, the City Commission of the City of La porte hereby
makes the following findings of fact:
(1) The property located on Lot No. Twenty-One (21),
Block No. Fifty-Nine (59), Town of La Porte, Harris
County, Texas, and situated within the corporate limits
of the City of La Porte, Texas, consists of a.twO-Story
wooden frame building.
(2) Said Building is located at 206 West Main Street,
within the central business district of the City of
La Porte, and within the fire zone of the City of La
Porte.
(3) The building is old, in a dilapidated condition,
and has been vacant for several years. The doors to
such structure are not secured, and may be readily
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entered by vagrants and transient individuals.
(4) Both floors of such building contain assorted
trash, filth, and debris, which are unsanitary, and a
fire hazard, both to person and property.
(5) Such building is structurally unsound, is leaning,
with its structural members infested with termites and
rotting in many places.
(6) Such building is immediately adjacent to other build-
ings, both to the east and to the west, to which any
fire would be readily communicated.
(7) One of the adjacent buildings contains an apart-
ment on its second floor, inhabitated by an elderly
individual, who, should the subject building catch
on fire" probably could not be safely rescued by the
fire department.
(8) Such building, for want of repairs: by reason of
age: by reason of its dilapidated condition: by reason
of the fact that it is and has been vacant for some
time, and has been used by vagrants and transients:
by reason of the bad condition of the walls, and lack
of guard against fi~e, is a fire hazard of a very ser-
ious nature, and is so situated as to endanger the per-
son and property of others.
(9) Such building, by reason of its condition, could
not be rendered safe, and its present condition as a
fire hazard could not be abated, by any means short
of totally demolishing the building and complete removal
of the scrap and refuse from the property.
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(10) By reason of the state of disrepair into which
it has fallen, the building on the subject property
is a nuisance.
(l~) The conditions which make the subject buiklng
a nuisance cannot be corrected without making repairs
that would amount to a substantial reconstruction of
the building.
The City Commission of the City of La Porte hereby
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finds, determines and declares such building to be a nuisance,
and orders such bUilding condemned.
Section 3. The City Commission of the City of La
Porte hereby finds, determines and declares that W. L. Powers,
who resides at 107 West Main Street, East Prairie, Missouri, is
the bwner of the property on which this building is situated,
and that as such owner, the said W. L. Powers has been duly
and legally notified of these proceedings.
Section 4. The City Commission of the City of La
Porte hereby orders the said W. L. Powers to entirely remove
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or tear down such building, and further orders the said W. L.
Powers to commence such removal within ten (10) days from the
effective date 'of'this Ordinance, and to complete such removal
or demolition of such building within a reasonable time.
Section 5. The City Commission of the City of La
Porte hereby orders the Fire Chief 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
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be removed or defaced by any person, under penalty of law.
Section 6. The City Commission of the City of La
Porte hereby orders the City Clerk to forward a certified copy
of this Ordinance, to the own~r of said property, the said W.
L. Powers, at 107 West Main Street, East Prairie, Missouri,
by registered mail, return receipt requested.
Section 7. Should the said W.' L. Powers not comply
with the orders contained in this Ordinance relating to the
removal or demolition of such building within ten (10) days
after service hereof, then the Board of Inspection of the City
of La Porte shall enter upon the said premises with such assis-
tance 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 W. L. Powers,
owner 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 here-
after assessed against the land occupied by such building, and
made a lien thereon.
Section 8. This Ordinance shall take effect and be
in force from and after its passage and approval.
PASSED AND APPROVED thi s the
7 :.d day of June, 1965.
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