HomeMy WebLinkAboutO-1992-1866
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ORDINANCE NO.
ISh"
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 11-12
, RLOCK 39 --L-TOWN OF LA PORTE, HARRIS
COUNTY, TEXAS, TO BE IN FACT A NUISANCE: ORDERING SUCH BUILDING
CONDEMNED; FINDING THAT Robert Lee Biaza Jr. IS THE RECORD
OWNER OF SAID PROPERTY: ORDERING THE SAID OWNER TO ENTIRELY
REMOVE OR TEAR DOWN SUCII BUILDING: ORDERING THE SAID OWNER TO
COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE: ORDERING THE 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 Tim REMOVAL BY SAID OWNER 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 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
t ha t :
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 filed 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
11-12:
Block 39: Town Of La Porte, which is further described as 115 1/2
South 3rd Street.
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Ordinancp. No.
1/1,10
, Page 2
Harris County, Texas, has, for the reason of neglect or misuse,
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
filed its written rcport, dated 8-27-9J ' finding said
building to be in fact a dangerous building;
WHEREAS, City Counc 11 l' ece i ved such l' epor t , and ordered
notice to the record owner of said property, Robert Lee
Biaza Jr. whose address is P.O. Box 162 La Porte, Tx.
77572-0162 that a hearing as provided in Section 5 of said
Ordinance would be held at 604 West Fairmont 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 City Secretary has heretofore served notice of
said hearing upon said owner, by registered mail, return receipt
requesled, which return receipt indicates that said owner
received said notice on 9-23-92 , 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
reg~lar session to conduct such ~ublic 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
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Ordinance No.
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, Page 3
WHEREAS, City Council entered its order on October 12. 1992
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 conclusions,
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 hercin.
Sect! on 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
Robert Lee Biaza Jr. . who resides at
P.O. Box
162 La Porte, Tx. 77572-0162
record owner of the property on
which this building is situated,
and that
as such
record
owner, the said
Robert Lee Biaza Jr.
has been duly
and legally notified of these proceedings.
Section 5.
The City Council hereby orders the said
Robert Lee Blaza Jr.
to entirely remove or tear down such
building, and furthcr orders the said
Robert Lee Biaza Jr.
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.
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Ordinance No.
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Scctl on 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 Qr notices shall not be removed or defaced by any
person, under penalty of law.
Section 1.
The City Council hereby orders the City
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Secretary to forward a certified copy of this Ordinance, to the
record
owner
of
said
property, the
said
Robert Lee
Biaza Jr. , by registered mall, return receipt requested.
Section 8. Should the said Robert Lee Biaza Jr. not comply
with the orders contained In this Ordinance relating to the
removal or demolition of such building within ten (10) days after
sel'vlce hereof, then the Board of Inspection of the CHy 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
Robert Lee (!lazaJr. ,
record 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 hereafter assessed against the land occupied by such building,
and made a lien thereon.
Section 9.
The City Council officially finds, determines,
recites and declares that a sufficient wrltt~n notice of the
date, hour, place or subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall
of the City
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Ordinance No.
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No. 5
fo~ 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 slJbJect matter thereof ,ha,s. been discussed"
considered and formally acted upon.
The City Council further
ratJfies, 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.
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PASSED AND APPROVED this the 12
day of
October
1992
CITY OF LA PORTE
BY~~~
' ayor-
ATTEST:
~~
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City Secretary
APPlY4~ ~
City Attorney
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CITY OF LA PORTE
DANGEROUS BUILDING INSPECTION FORM
DATE AUGUST 27. 1992
STREET ADDRESS
116 1/2 SOUTII 3RD
OWNER
ROBERT LEE BIAZA JR.
AGENT
N/A
MAILING ADDRESS
P.O. BOX 162 LA"PDRTE, TX. 77572-0162
ULOCIC
39
LOT(S)
11-12
SURVEY/SUBDIV. TOWN OF LA fORTE
OCCUPANCY TYPE
ZONING
G.C.
FACIl.)TIES AVAILABLE: WATER
x
SAN I TAllY SEWER --X__
ELECTRICAL POWER X GAS
X
NO, OF DWELLING UNITS VACANT X
OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1146, SECTION 8-118,
TilE BOARD OF INSPECTION MADE AN INSPECTION OF TilE AFOREMENTIONED
PROPERTY, AND DETERMINED TilE BUILDING LOCATED TIIEREON, IN THEIn
OPINION, IS IN FACT A DANGEROUS BUILDING, FOR TilE FOLLOWING
REASONS: (AS OUTL I NED IN CITY OF LA PORTE ORD I NANCE IH 146,
SECTION 8-117).
[X] 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO
FIRE AND CONSTITUTES A FI~E IIAZARDr OR
[ ] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTIIER CAUSE, IT
IS LIADLE TO CAUSE INJUny OR DAMAGE BY COLLAPSING OR
BY COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE: OR
[X] 3) DECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED
DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY
~IALEF ACTORS on D I sonDERL Y PEItSONS WIIO ARE NOT LA WFUL
OCCUPANTS OF SAID STRUCTUREr OR
[X] 4) BECAUSE OF ITS CONDI110N, IT IS DANGEROUS TO PUBLIC
HEALTII AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE
OR INJURY TO TilE HEALTH OF TilE OCCUPANTS OF IT OR
NE I GlIBOR I NG STRUCTURES.
NOTE: SEE BUILDING EVALUATION CIIECIlLIST ON REVEIlSE SlUE FOR
TilE REMAINDER OF TillS REPORT
FINDINGS AND CONCLUSIONS OF TilE BOARD OF INSPECTION: .
IT IS TilE OPINION OF TillS INSPECTION BOARD, AFTER USING CITY
OF LA PORTE ORDINANCE NO. 1788 (STANDARD HOUSING CODE, 1991
,EDITION) AS ITS GUIDE IN MAIUNG TilE INSPECTION, TIIAT TillS
BUILDING IS IN FACT DANGEROUS, NOT REPAIRABLE, AND SIIOULD DE
DEMOf..llSIIED. TillS BUILDING DOES NOT PROVIDE TilE BASIC MINIMUM
1I0USING STANDARDS DEEMED ESSENTIAL FOR sAFE AND HEALTIIFUL LIVING
FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY,
HEALTH, AND THE GENERAL WELFARE OF TilE CITIZENS OF LA PORTE.
xJl4f i' ~
BUILDING OFFICIAL'S
OFFICE
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lULUJll.J':IG EV A.k!!A,I.lQli~II~KLJ ST
A = Adequate D= rJeflclent N/A = Not Applicable
I . STRUCTUnAI, COMMENT/EXPLANATION
A. Foundation
1. Slab N/A
2. Pier & Beam
a . Footings _A-
b. Sills A
c. Joists A
n. Wa 11 s
1. Exterior U _.llETERIOHATEU
2. Interior' ---1l_ _DETE!lIORATED
C. Means of Egress
1. Doors
a, In tel' lor [) !~OPEnAT.!.YE-!li~SING
b, Exlerior D J1fQfgnAITvE
2 . POl'chs, Steps,
Stall'S -1!._ DETERIOnATED
3 . Windows D !.NQfE-flAI. LYIi; - D.I l 0 1{1:;1'l.__
n. Hoof
1. na f lei's _L_ ------...----
2. Decle, ShIngles __IL- _ .k!!; A KS -.---
E. Cel11ngs
1. Jolsls _I!-. __U'IA.Il[!:Q U A TJJ:_____
2. CeilIng _-1L.- _A~k_tO~~Af~~ll-____
Ii' . Floot's - D _p'Jj:],J~R I Of!AT]:JL_._
G. Other _NLA-
II. MECHANICAL SYSTEMS
A. Electrical
1. ServIce Entrance
& Panel D
2 . W II' I n g D
3. Lights, Switches -1L-
4, Ou tie t s D
6. Olher N/A
B. Plumbing
1. FlxlUl"es
a. Slnlc U
b. Lavatories D
c. Water Closets ~
d. Tub/Shower D
e . Wa t e rile ate t' Il-
2 . Wa t e t. Pip I n g __.,..1>_
3. Or a In, Wa s t e
& Vent -I!_
4 , Sew e l' / S e p tIc T a nle JfLA,
6, Gas Sys t em ___1L-
e. Ilea t I Ilg & A I r COlld I t I onl ng
1. lIeatIng U
2 . AI.. COlt d I l Ion I n g NLA
I NADE,Q,UA TE
INADEQUATE
INADEQUATE
...J..NADEQUATE
DETERIOIlATED
DETERIORATED
_I!ETEllIO[lATED
DETERIORATED
...JU.SS I tilL,.
-->>E T lUlLQRAIE1!_____._
_J..NAPJ~!l U ~ T~____
.JilL HM.__Af.t1.T gl!.. -,------
-NOT I~TAI...I&.lL...____
III. PROPERTY CONDITIONS
1. Accessory Structures NLA
2. ConditIon of Grounds-1L-
3. Ot her -1iLA
GRASS _& DEB.RI.S
COMMENTS: ____Il.OUSJLJt.\-S-QIUm.NAl.tlLX--A,N..-A~GES~.QIl.L-P..W~!,.L I ~SL____..:..... ,-
LOCATED BEHIND A'N APARTMENT n'uiLDIlliL....JAlN STillLcLll.IULIHillNI!U 'AND
WAS DEMOL I SIIEU-,-__TIIEllLLlS-ST I IJ.L..JllilUU S FHOM MA.ltL..Sln!U;.1IDlILULL-
pnO~ERTY . C I 1:.LJlECORDS I!O NOT I NDJ...G.A TlLAt:LA!lllilgss FOil IrnMAl.l:U.NY
STnt.'-~1'URE. 116 lL2 S. 3RO liAS BEEN ASS I GNED FOR TEMPORARY
I DENT I F I C4.T I ON..:.-__
01-'92 nev.
a:dangbldg.frDl/dangel'ous buildIng