HomeMy WebLinkAboutO-1992-1865
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ORDINANCE NO. If~-
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 17-20
, BLOCK 66 ' _TOWN OF LA PORTE,
HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING CONDEMNED; FINDING THAT Everlena Thornton ~ Stanley
Greene IS THE RECORD OWNER OF SAID PROPERTY; ORDERING 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 TIlE
BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING
THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID
OWNER; PROVIDING FOR THE REMOVAL BY SAID OWNER IN TIlE 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 Sections 8-115 through 8-126 of the Code of
Ordinances of the City of La Porte, creating a Board of
Inspection to be composed of the Building Inspector or his duly
authorized representative, and the Fire Marshal or his duly
authorized representative; and
WHEREAS, Section 8-118(a) of said Sections provide
that:
Whenever It shall come to the attention of the
Board of Inspection 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 8-118(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 flIed in all cases no 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 Lots
17-20:
Block 66; Town Of La Porte. which is further described as 201
North 5th Street.
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Ordinance No.
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lIa n" i s Co un l y , T e x as, has, for the I' e as 0 n 0 f n e g I e c tor m i s use,
been allowed to deteriorate into a condition of decay or partial
ruin or has become a fire hazard, as defined in Section 8-117 of
the Code of Ordinances of the City of La Porte; and
WHEREAS, said Board of Inspection has heretofore made and
Ciled its written report, dated 8-5-92 findin~ said
building to be in fact a dan~erous building;
WHEREAS, City Council received sucll report, and ordered
not ice lo the record owner o[ said property, ~erl~na.
Tl1ol'nton % Stanley Greene , whose address is P.O. Box
171 La POI' teL Tx. 77572-0171 '_ that a
hearing as provIded in Section 5 of said Ordinance would be held
at 604 West FaJrmont 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 Clty Secretal"Y has heretofore sel"ved notice of
sa i d he a I' J II g up 0 n ~ aid 0 w n c 1', by I' C g 1 s tel' e d ma iJ, r e t. urn t'C-l c; e i p t
requested, which return I'eceipt Indicates that said owner
received said notlct.! on Undelivered , a date
more than ten (10) days before the date set Cor said hearing;
WHEREAS, at said date, time, and place, City Council ~et In
regulal'session to conduct: sllch public hearing, at whIch time
evidence was presentod both [or and against the conclusions of
Lhe Board of Inspection.
WHEREAS, CHy Council, after due deIJberatJon, and with.ln
fifteen (15) day:;; after the termination of the hearing, is
l' e q u il' e d l (,1 m~ Je e I I: s d I: I: I s i (In i n WI' i t t n ~ and en t e rf t s order i and
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Ordinance No.
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WHEREAS, City Council entered Its order on Oct...Q.I2.EU:_..J._g,J~.JJ9~
a day which is within fifteen (15) days after the termination of
the hearing; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF TilE 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 conclusions,
based upon the evidence presented at said hearing.
Section 2. Dased 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 sel out herein.
Section 3.
The City Council hereby finds, determines and
declares such building to be a nuisance, and orders such building
condemned.
Section 4.
The City Council hereby finds, determines and
declares that Everlena Thornton % Stanley Greene, who resides at
5199 Bush Rd.
Day town. Tx. 77521
record owner of the
property on which this building is situated, and that as such
record owner,
the said
Everlena Thornton % Stanley Greene.
has been duly and legally notified of these proceedings.
Section 5.
The City Council hereby orders the said
Everlena Thornton % Stanley Greene to entirely remove or tear
down such building, and further
orders the
said Everlella
Thornton % Stanley Greene to commence such removal within ten
( 10 ) day s fro m the e f f e c t i ve d ate I ,0 f ,t h. is: 0 at din an c e , and t 0
complete such removal or demolition of such building within a
reasonable time.
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Ordinance No.
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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
recol'd
owner
of
said
property,
the
said
Everlena
Thornton ~ St.anley q~!lL, by registered mail, return receipt
requested.
Section 8.
Should the said
Everlena Thornton % Stanley
Greene not comply with the orders contained in this Ordinance
relating to the removal 0.' 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
assistance as It may deem necessary, and cause the said building
to be removed or demollshed without delay, and the expenses of
such
procedure
shall be
charged
against
the
said
Everlena Thornton ~ Stanley Greene
record owner of said
property, a~d shall thereupon become a valid and enforceable
personal ~bligation of said owner of such premises, and the said
Board of Inspection shall carefull~ ,compute the cost of such
removal or demolition, which cost shall be hereafter assessed
against the land occupied by such b~ilding, and made a lien
thereon.
Section 9.
The City Council officiall, finds, determines,
recItes and declares that a sufficient written notic~ of the
date, hour, place or ~ubJect of this meeting of the City Council
was posted ~t a place cQnvenient to the public at the City Hall
of fhe City
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Ordinance No.
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No. 5
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 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 passage and approval.
PASSED AND APPROVED this the 12
day of
October
1992
CITY OF LA PORTE
B~~
ATTEST:
Ik;J~
City Secretary
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C I T.Y OJ" LA POIlTE
I
,
VANGEIlOUS DUILUING INSPECTION FOIlM
1M T E Au g us t L...!!.!L..
STREET AnDRESS
201 Not"th Filth
ONNER
E val' 1 a 11 a Tho r 1I ton .
AGENT
5 t a 111 a LIL._.!1,r a ana
MA I LING AlHmESS
P.O. Box 171. La Porta. Tx. 77672-0171
BLOCI{
66
LOT(S)
17-20
SUnVEY/SUBVIV. Town ol La l'ol"ta
OCCUPANCY TYPE
R
ZONING
R-l
FACILITIES AVAILABLE: WATER
x
SANITARY SEWER
x
I~L(!:CTIlI CAI.. POlqEn
x
GAS
x
NO, OF DWELLING UNITS
1
VACANT __~
OCCUPIEU
AS REQUIHEV IN CITY OF LA PORTE OIIOINANCE 11146, SECTION '8-118,
Tim UOAIW OF I NSPEGT ION MADE AN I NSPEC'I' ION Of TIm AFOREMENT I ONEO
l'HOPEnTY, ANV VETEIlMINED TilE BUILDING LOCATED TIIEREON, IN TIfEln
OPINION, IS IN FACT A VANGlWOUS DUILUING, film TilE FOLLOWING
rtl!:ASONS: (AS OU'I'I...INIW IN CITY OF I..A PORTE OIWINANCE 1111,46,
SECTION 8-117).
(X] J) BECAUSE OF FAULTY CONSTltuCTION, AGE, LACI{ OF PROPErt
REPAIJl on ANY OTIIEH CAUSE, IT IS ESPECIALLY LIABLE 1'0
F I IlE ANU CONSTI TUTES A F I JlE IIAZAIW I on
[X] 2) BECAUSE Of Ii AUL TY CONSTRUCT ION on ANY OTIIEn CAUSE, IT
IS 1....1 AULE TO CAUSE I NJ URY OR IMMAGF. BY COLLAPS I NG OR
BY COLLAPSE OR fALL Of ANY PAIlT Oli SAIO STIlUCTunE, Oil
LX] 3) IJECAUS[ UF ITS COND I T ION "011 BECAUSE OF LACR OF SECUIlEU
nuulls Oil WINIJO\qS, IT IS AVAILAULE TU ANt) fREQUENTED BY
MALI!FACTOns 011 DI SOI1UEI1LY PEnSONS WIIO AnE NOT LAWFUL,
OCCUPANTS OF SA 1 U STIWCTunE, OR
[X] 4) UECAlISE Oli ITS CONJ>lTION, IT IS IMNGEnOUS TO PUBLIC
IIEALTIl ANI> MAY CAUSl! on AID IN TilE Sf1nEAI> OF DISEASE
on INJURY TO TilE IIl!ALTII Of TIlE OCCUPANTS OF IT on
NEIGIlBOHING STIlUCTURES.
NOTE: SEE BUILDING EVALUATION CIIECIU,IST ON REVEI1SE SIDE Fon
TilE IlEMAINDEIl Of TillS nl!POnT
f) ND I NGS A.l!!L.J:otHa!.US I ON~_OE.._..ImL UOAIW OF I NSPECT I O~.:
11' IS TilE OPINION OF TillS INSPECTION UOARD, AfTER USING CITY
OF LA POIlTE OnlJlNANCE NO. 1788 (STANUARlJ IIOUSINU CODE, 1091
EVITION) AS ITS GUllJE IN MAICINU TilE INSPECTION, TIlAT TillS
DUIl,J)ING IS IN liAC'I' UAN<.mROUS, NOT nEPAlnABLE, ANI> SIIOULl) BE
DEAfOLISIIEIL TillS BUILlJlNG DOES NOT PROVIUE TilE BASIC MINIMIIM
1I01lS I NG S1'ANVAnlJS VUEMEU ESSENT I AI... fOil SAliE ANV IIEAI,'I'IIFUL L J V I NU
filJU A liES I VENT I AI., OC;CUI'ANCY ANIJ I S A 'flIREAT TO PIIOL 1 C SAfETY,
lIEALTII, ANn TilE GENlmAL WELfAltE Of Till! CITIZENS Of LA ponTE.
A/ ~;)/Ii'~
~iAnSIIAL' S
OFFICE
/~;flrir.'S
OFFICE
x
I II LU I NG OfF I C I AI, I S
OFfiCE
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nu I LD I NO EV ALUA 1'1 ON CIfECI(L I S1'
A = Adequate U= Deflolent N/A = Not ApplIcable
I , STRUCTUllAL COMMENT/EXPLANATION
A. lioulHJa t Ion
t . Slab N/A No Slab
2, PIer & Beam
a. FootIngs D Severe S ell I Ill..IL..:-
b. SIlls D _!!e t~r.!.gr a t ed
c. .Jolsts D Deteriorated
B. Wa 11 s
1. Extel'lor 0 Deteriorated
2. Interlol' ~.L1L. House L 0 ell e d
C. Means of Egl'ess
1- (JOOI'S
a. J n l e l' lor N/A ---1! 0 use L 0 c Il !!!!-__
b. E x t a I' lor D Detel'lol'ated
2. Porohs, Steps,
S tall' s n I>e tel' I 0 l' ale d
3. Windows D ' 0 e tel' lor a! e d
D. Roof
1. IIn f tal's _IL- DeterIorated
2. De 0 I' , Shingles D Too M~ n L.b.!..y e r s
E. CeIlings
1 . Joists N/A -Alous e Loclled
2. Ceiling N/A House Loclled
Ii. Flool's D Out of Level
O. o the I' N/A --1iLP
I I .
I I I ,
AIECIlANJ GAL SYSTEMS
A . I! 1 El 0 1 I' 1 c a I
1. Sel'vloe Entranoe
& Panel'
2 . W II' 1 n g
3, Lights, Swltohes
4 . Ou tie t s
6. Othel'
D. Plumbing
1 . Iii x t u res
a. S Inll , _tILL
b. La va t or I es '..J:!LL
c. Water Closets NLA-
d. "Tub/Shower N/A
e. Wate.' lIeater .l!-
2 . '~a 1 e r Pip in g D
3 . Ur a , n, Wa s t e
& Vent D
4. Sewer ISept 10 Tanll Jli.A
6. Gas System D
C. lIeallng & Air Conditioning
1. lIaa II ng D
2. Air Cond It lonlng JU.A
Inadequate
--1.nadA,guate
--1J.1adequate
-1nadeQuate
N/A
D
D
IL-
n ,'.
N/A
1I0use boched
Hous e Looll ed
-Alous e Loclled
1I0us e Loolled
---1..!!U!L.2.1! e r Ve n tin L
Improper Material
No Vent In.!
--Ynable to Verify
Meter Removed
--lio Vented I!eat
N/A
pnOPEnTY CONDITIONS
1, Aooessory Struotures
2. Condition of Grounds
3. Other
Collasped Shed
JL
-A--
N/A
N/A
COMAfI!NTSI -11 Comments regardllu: 'Inter...lol' based on observation
!l!I'oUULJ!.!.ndows. 2) Severe settllng, Stl'ucture unsound.
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01-'92 Rev.
a : d a n g bid g . fa' m/ d a n g e.' 0 U s bull d 11\ g
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City of La Porte
EstL!hlish~d I ,~9 2.
r.RRTTFTRn MATI.
October 14, 1992
Ms. Everlena Thornton
P.O. Box 171
La Porte, TX 77572-0171
Re: Condemned Building Located at 201 North 5TH street
Dear Ms. Thornton:
The La Porte City Council, at their October 12, 1992, meeting
passed Ordinance 1865 condemning your building located at 201
North 5TH Street. This ordinance requir~s demol~tlun of this
building within ten (10) days of the date of ordinance passage.
It further specifies that should demolition not be completed
within ten (10) days, the City will have the right to demolish
the structure and bill the owner to recoup the demolition cast.
Based on your request at made the October 12th condemnation
hearing, Council is prepared to provide an additional 120 days to
allow you to demolish the structure yourself. The conditions for
being granted this additional time are as follows:
I. Any delinquent ad valorem taxes and weed liens must be
paid in full.
II. A "Consent to Demolish" form (copy enclosed) must be
submitted to the City's Inspection Division. The form
must be signed by the owner of record (or authorized
agent) and notarized. A photo copy of the deed should
be attached to the form.
III. It must be clearly understood that should demolition
and cleanup not be completed by February 10, 1993, the
City will complete any remaining work and invoice for
the incurred cost.
P,ltH,,:\ Ill; · 1.,11'.,rt,',T,":..,;7)i~ Iii; ~ ,;l;l-t;I-)l'~l'
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Letter to Everlena Thornton
Re: Condemned Buildin<,} Located
October 14, 1992
Page Two
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201 North 5TH Stre~t
Should you wish to take advantage of
period, you must, within ten (10) days of
satisfy the condition~ listed above.
this additional 90-day
receipt of this letter,
rf you have any questions regarding this matter, please do not
h~sitate to call me. I can be reached at 471-5020, ~xt. 254.
l;?~
City Inspector
MSL:bh
Enclosure
cc: Mayor Norman Malone
Members of City Council