HomeMy WebLinkAboutO-1993-1936
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ORDINANCE NO. 93-1936
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT(S) IS, 16
, BLOCK. 80 , ADDITION . La Porte
, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING
SUCH Bp-ILDING CONDEMNED; FINDING THAT Nillie Mae Tyler c/o
Elvlna Jones 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 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 THE REMOVAL OF SAID
PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN
THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF: AND
FINDI~G COMPLIANCE WITH THE OPEN MEETINGS ~W.
WHEREAS, the City councii 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 Official or his duly ~uthorized representative, the
Fire Chief or his duly authorized representative, and the Fire
Marshal or his duly authorized representative: and
WHEREAS, Section 8-118(aa) of said Sections provide that:
Whenever it shall come to the atte~tion 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, wi thin
twenty-four (24) hours of the receipt of said complaint, make
a thorough inspection of said alleged dange~ousbuilding; 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 15.16:
Block 80; La Porte, which is further described as 302 N. 5th
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Ordinance No.
93-1936
, 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 report, dated September Ol, 1993, 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, Willie Mae Tyler c/o Elvina
Jones , whose address is 302 N. 5th - La Porte, Tx 77571-
3430 that a heari~g 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
requested, which return receipt indicates that said owner received
said notice on Notice Returned , 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.
93-1936
, Page 3.
WHEREAS, City Council entered its order on October 25, 1993
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 ~t 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 Willie Mae Tyler c/o Elvina Jones , who resides at
302 N. 5th - La Porte, Tx 77571-3430
, is
the record owner of the property on which this building is
situated, and that as such record owner, the said Willie Mae Tyler
c/o Elvina Jones
has been duly and legally notified
of these proceedings.
Section 5.
The City Council hereby orders the said Willie Mae
Tyler c/o Elvina Jones to entirely remove or tear down such
Elvina Jones
building, and further orders the said Willie Mae Tyler c/o 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.
93-1936
, Page 4.
section 6.
The City Council hereby orders the Board of
Inspection of the ci ty 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 Counc~l here~y orders the City
Secretary to forward a certified copy of this Ordinance, to the
record owner of said property, the said Willie Mae Tyler c/o
Elvina Jones
, by registered mail, return receipt
requested.
section 8.
Should the said Willie Mae Tyler c/o Elvina Jones
not comply with the orders contained in this Ordinance relating to
the removal or demolition of such building within ten (10) days
after 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 Willie Mae Tyler c/o Elvina Jones
,
record owner of said prop~rty,
and shall
thereupon become a valid and enforceable personal obligation of
said ~wner of such premises, and the said Board of Inspection shall
carefully compute the cost of such removal or demolition, which
cost shall be hereafte~ assessed against the land occupied by such
building, and made lien thereon.
section 9.
The City Council officially finds, determines,
and recites and declares that a sufficient written notice of the
date, hour, place and sUbject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of
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the City for the time required by law
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Ordinance No.
93~1936 ., Page 5.
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 25th day of October
,
19 93
CITY OF LA PORTE
By }~4-
/ Mayor
ATTEST:
s4.<!L_
City Secretary
APPROVED:
~~
city Attorney
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