HomeMy WebLinkAboutO-1992-1868
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ORDINANCE NO.
13(P3
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AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 27-30
, BLOCK 56 --L _TOWN OF LA PORTE,
HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING CONDEMNED; FINDING THAT CURTIS THOMPSO~
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 TUE 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 THE MANNER PROVIDED
HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City CounclL.,of__the. Ci.ty,. of La .Porte, passed
and approved Sections 8-115 through 8-126 ot the Code ot
Ordinances of the City of La Porte, creating a Board of
Inspection to be composed ot 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 ot Inspection or any member thereof, by reason of
the carrying out of the necessary duties of such
member, or by reason ot a complaint ot any citizen of
the City or ol 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 lor 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 ot Inspection that the building located on Lots 27-30;
Block 56; Town Of ~, Porte, which is further described as 117
:
North 4th Street.
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Ordinance No.
lilt, i
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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 report, dated 8-26-92 finding said
building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered
notice to the record owner of said property, Curtis
Thompson , whose address is 5199 Bush
Rd. Bay town. Tx. 77521 '_ 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 whlch 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
requested, which return receipt indicates that said owner
received said notice on September 24. 1992 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
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, Ci ty Counc i 1 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 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
Curtis Thompson
, who resides at
5199 Bush Road, Bay town, Tx 77521
,
is the record owner of the property on which this building is
I
situated, and that as such record owner, the said
Curtis
Thompson
has been duly and legally notified
of these proceedings.
Section 5.
The City Council hereby orders the said
Curtis Thompson
to entirely rempve or tear down such
building, and further orders the said
Curtis Thompson
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.
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Ordinance No.
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Section 6. The City Council hereby orders the Board or
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
record owner of said property, the said Curti~
Thompson , by registered mail,
return receipt requested.
Section 8. Should the said Curtis Thompson
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
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
Curt is Th.omp~..Q.~______... 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
thet'eon.
Section 9. The City Council officially finds, determines,
recites and declares that a sufficient written 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
Cor 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 aqd app~ov~)~
. : . ~ ~ ..
PASSED AND APPROVED this the 12
day of
October
1992
CITY OF LA PORTE
B~h7M
yor
ATTEST:
~~
City Secretary
^~~~
City Attorney
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G I T Y OJr LA PORTE
~_.._-~- .--- .-.-.. ... -----.--.-...----------.----.---.----
IMNGEltOUS IlUILIHNG INSPECTION fORM
DATE n_~.!!QUST ~.~1~~1_
STREET AI,JURESS
111 NOIlTIl 4T-'1 STR~ET
OWNER CURTIS THOMPSON
___ _....._..__.._____.__________ 0__'"
AGENT __..__,._..,.______~~____
MAl LI NG AnDRESS ....__.:>l~~ BUSIi. RD.:_~Ay!OWlIJ__..TI:C~_Z_'Z,:L~l___,_______.______
BLOCI{ 6 G LOT (S) _.__~} -1.Q..__ SURVEY I SU BD I V . TOWN_OF .....k1L_PORTE____
~
OCCUPANCY TYPE ___n~:i!__{MO!U LE .JrnM~.l ZON I NG __y_,C ~----,-
FACILITIES AVAILABLE: WATEIl __",_____..
ELECTR I CAI.., POWEll ___,.,'___~_,_._______
SANI TARY SEWEll _..J______
GA S ____,____l{________.
NO. OF DWELLING UNITS
1
VACANT .___L__
OCCUPIEU
AS REQUIRED IN CITY OF LA PORTE OIlDINANCE #1146, SECTION 8-118,
THE BOAnlJ OF INSPECTION MAnE AN INSPECTION OF TIlE AFonEMENTIONET>
PROPERTY, AND DETERMINED TilE BUILDING LOCATED THEREON, IN TIIEIR
OPINION, IS IN FACT A DANGEROUS BUI 1"III NG, FOR TflE 'FOLLOW.ING
REASONS: (AS OUTLINED IN CITY OF LA PORTE OIlDINANCE #1146,
SECTION 8-117).
(X] 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
REPAIR OR ANY OTIIER CAUSE, IT IS ESPECIALLY LIABLE TO
FIRE AND CONSTITUTES A FInE IIAZARD; OR
[X] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHEIl CAUSE, IT
IS I.IABLE TO CAUSE. IN.JURY on DAMAGE BY COLLAPSING OR
BY COL~APSE on FALL OF ANY PART OF SAID STRUCTURE; OR
[X] 3) BECAUSE OF ITS CONI)ITION on BECAUSE OF LACK OF SECURED
DOORS on WINDOWS, IT IS AVAILAULE TO AND fnEQUENTED flY
MALEFACTORS OR III SORDERLY PERSONS WHO Am!: NOT LAWFUl.
OCCUPANTS OF SAID STRUCTURE; OR
[X] 4) RECAUSfi OF ITS GONIHTIONr IT IS UANGEROUS TO PUBI..,IC
HEALTH AND MAY CAUSE on AID IN TilE SPREAD OF DISEASE
OR I NJURY TO TilE IIEAl.TII OF TilE OCCUPANTS OF I T on
NE I GlmOR I NG STRUCTunfiS.
riPTE: SEE BU I LDI NO EV AI..,UAT I ON GllfiCI{L I ST ON llEVERSE SIIlE Fort
TilE REAlA I NUER CW 'I'll I S ImpORT
FJ.N!H.tHJ~._.At'HLC.PN~~U~ IJ-)N~._ ..of.. 't,I~., P.9~.fULQf_J.N.S'p'gC.ItP.N:
IT IS TilE OPINION OF TillS INSPECTION BOARD, Afi'TER USING CITY
mr L,A PORTE ORDINANCE NO. 1786 (STANDARD 1I0USING CODE, 1991
EDITION) AS ITS GUIDE IN MAI<ING THE INSPECTION, TIIAT 1'1115
Bt/lI,llING IS IN FACT UANGlWOUS, NOT IlEPAlnADI..,E, AND SHOULD BE
DEMOLISIIED, TillS DUILDING OOES NOT PROVIDE TilE BASIC MINIMUM
IIOUS I NO StANDAHIJS UEEMED ESSEN1' I AI.. FOR SAFE AND IIEALTIlfi'UL L, I V I NCl
FOR A RES I DENT I Al, OCCUPANCY ANI> I S A TIIREA T TO PUBL I C SAFETY,
IIEALTII, ANI) TilE GENERAL WELFAHE OF TilE CITIZENS OF LA PORTE.
~--~~~
I~~ OFfiCIAL'S
OFFICE
~;d~'
~ ~,.z~~. ,
I~E MA HAL'S'
OFFICE
--
.:r~'.
,y,:.
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.'t,'
:r;~~
,~
"'-
.
A = Ade(]uate
0= Deficient
!!lilkl1! mL~. Y1\.I~!1AJ.l.Qt.:L!;; !liB'; IHII.~ T.
I .
STRUCTURAL
A. Foundation
1 . SI a h
2. Pi el' & BeaUl
a. Footings
b. Sills
c, .Jolsts
U . Wa II s
1. Ext:el'ior
2. Interior
C . Mea n S 0 rEg I' e s s
1. Dours
8 . I n t e r' I 0 I'
h , IE x t e r I 0 I'
2. POI'ehs. Steps.
S t a I I' S
3. Windows
n. Rool
1. IhtClers
2 , De c Ie , S h I n g ) e S
E, Ceilings
1. ,Joists
2. Ceiling
F. Flool's
(i. Ot hel'
N/A = Not Applicable
_N/A
JilL
-1:lLA-.
-1:lLL
-A_
_--D___
__!l_
__lL __,
()
__ IL.,
_.NLA__
.... n.,.,_.
_.1iL~_
,..._D.___
,,__.ll...,
MECHANICAL SYSTEMS
A. Elecl:l'lcal
1. Service Entl'8nce
& Panel __D--
2. Wll'lng ---IL
3, Lights, Switches IL-
4 . Ou tIe t s __Il_,
6. Othel'
n. Plumbing
1. Fixtures
a. Slnlc 0
b. Lavatol'les 0
c. Water Closets-I!_
d. Tub/Shower _-p~
e. Water lIeater _IL-
2. Watel' Piping .__.Jl__
3. Dl'aln, Waste
& Vent __IL_
4. Sewer/Septic Tank NLA
6. Gas System _..!L__
C, lIeatlng & All" Condltlonlng
1 . Ilea t I ng _JL__
2. Ail' Conditioning N/A
I I .
III. PROPERTY CONDITIONS
1. Accessory Structures _11_
2. Cond I t Ion ot Grounds _IL_
3. Other --1tLA.
COMMENT/EXPLANATION
.........---.---..-......---...- ..._..- -... -...--
...--.--..--............-..- .--- -- .....--.
---..---.--...------
-------.--.---------
,.m~.T.EfUp.nA TJA!L_._,. '---
__..! .NrrrliflAIl.y.[ ._.. ..___ .._n._
_J.NQrJ~nA T LY.!L_.... .,...--..-
._.1.NA n Jm !1 AT fL..~ T E.P. ~ ..---
.. J NPPJ::RA T.I.J.g.__________
.. JWOf I~IT^,(~ _ . .
.. Wt\ T!UI .P,AM~G!i;P'..._" ,..
, !!.Qp~;~ .1f'L fl!QQ.fL..., -
- .... .... n__ ., ..... __ . - . -. "- - .~,- . .. ...
.. .Jl AN g!!.._HUIT~ n _,____..
_w..~. T ~ R. ,.!~ AMAG!UL_- ---
WATER nAMAGEIl
_,WAIEn._'p-~MAG~.D ..,__
_1 NOPEfiAI!XE_______
_! N Qf.IUtl\ T I V E
INOPE11AI..!VE
-I,NOPERAr IJ~E _'__
_!NQfEfiAIIXE-------
iNOPEfiAI!_YK .__________
-.-!~~mHl!!AIF~.__..__ ,---.-.--
-.-----.----..- ..--.......--.----
__NfL,MET~R _. .... -.... ,--....-
_.J N(1P!mATJ YfL,.. .'-,-....'
__,r..QQILJ;m~m I.TJ ON,__.__
_...QUA S ~.._A ~Jl._T!l~ ~ H_____
COMMENTS: _..__~ACAN:r_MQI!I LE..JillM.E~_.lUN!L.ygHJ.CI..J.L,.. TRA.s.IL.~....ng.p.n!.~~
01-' 92 Hev. a :dangbldg. frm/dangel'ous building
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City of La Porte
E.'ildhlisht!tl l,~l).z
CERTIFIED MAIL
October 14, 1992
Mr. Curtis Thompson
5199 Bush Road
Bay town, TX 77521
Re: Condemned Building ~ocated at 117 North 4TH Street
Dear Mr. Thompson:
The La Porte City Council, at their October 12, 1992, meeting
passed Ordinance 1868 condemning your building located at 117
North 4TH Street. This ordinance requires demolition 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 cost.
Based on your request at made the October,12th condemnation
hearing, Counci: 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.
1'.1"1.1;,,x III ~ · L.lt'tln.:, IL'x;!, II)I~.III':; · \(1)) -+11.;0~l'
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Letter to Curtis Thompson
Re: Condemned Building Located at 117 North 4TH street
October 14, 1992
Page Two
Should you wish to take advantage of
period, you must, within ten (10) days of
satisfy the conditions listed above.
this additional
receipt of this
90-day
letter,
If you have any questions regarding this matter, ~:ease do not
hesitate to call me. I can be reached at 471-5020, ext. 254.
S7lL-
~k S. Le"is
City Inspector
MSL:bh
Enclosure
cc: Mayor Norman Malone
Members of City Council