HomeMy WebLinkAboutO-1990-1679
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ORDINANCE NO. 1679
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT 3-8; Adj
18.25 ft. of Lts 25-31 & alley BLOCK 1336 , .
TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A
NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT
Karl L "~ Sprinqer I S 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 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 L~ 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, Sec~ion 8-118(a) of said Sections provide
that:
Whenever it shall come to the attention of
the Board of Inspect'ion 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 statea
,by the Board; and
WHEREAS, it has heretofore come to the attention of
the Board of Inspection that the
building located
on
Lot 3-8 & Ad; 18.25' ft. of Lots 25-31; and alley of
Block 1336: Town of La Porte
.
.
Ordinance No.
1679
, 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 Dec. 13, 1989 I
findin~ 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,
Karl ~. Springer , whose
address is 922 Hackberry, La Porte, Tx 77571-6912
. 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 requested, which return receipt
'indicates that said owner received said notice on
undeliverable
,
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 r~quired to make its decision in writing and
enter its order; and
Ordinance No .. 1 h79,
, Page 3
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WHEREAS, City Council entered its order on March 12,
1990 I 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 Karl r;,. Sprinqer
who resides at 922 Hackberry, La Porte, Tx 77571-6912
record owner of the property on which this building is
situated, and that as such record owner, the said
Karl r:.. Sprinqer has been
duly and legally notified of these proceedings.
Section 5. The City Council hereby orders the said
Karl L '. Sprinqer to entirely remove or
tear down such building, and further orders the said
Karl L. Sprinqer 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.
.
Ordinance No. 1679,
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, Page 4
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 record
owner of
said
property, the s9id
Karl'L' Springer
, by
regist~red mail, return receipt requested.
Section 8. Should the said
Karl D. Springer
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 proceduIe shall
be charged against the
said
Karl L. Sprinqer
,
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 cast shall be hereafter assessed against the land
occupied by such building, and made a lien thereon.
Section 9.
rhe 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
Ordinance NO.flt1679,
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.
CITY OF LA PORTE
ByJ1~Ifv,~~
Mayor
ATTEST:
(I~~
City Secretary
AP6Z< uJ
City Attorney
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CITY OF LA PORTe
DANGEROUS DUILDING
INSPECTION FOru.t
DATE 12/13/89
STREET ADDRESS 2300 Blk South Broadway
Ol'lNER Karl L. Springer 002456
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ADDRESS 922 Hac.kberry, La: Porte, Tx.
11~/.l-b~Ll
OCCUPANT
None
AGENT
SURVEY OR
SUBDIVISION La Porte
BLOCK
1336
3-8 Adj' 18.25' of
LOTLts 25~3l'&,Alley
ZONING
R-l
TYPE OCCUPANCY
Com
FACILITIES AVAILABLE: . WATER X
::?ANITARY SEt'lER
ELECTRICAL pm'lER X GAS
NUl-mER OF m-lELLING UNITS ,. 0
VACANT
X
OCCUPIED
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AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTI.)N 8-l18, THE
BOARD OF INSPECTION ,HADE AN INSPECTION OF THE AFORENEN'l'IONED PROp.
ERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEI~ OPINION,
IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLONING REASONS: (AS
OUtLINED IN CITY OF LA P~RTE ORDINfu~CE #1145, SECTION 8-117) .
G]: (',1.',') BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
..'REPAIR OR ANY OTHER CAUSE, 'IT IS ESPECIALLY LJABLE TO
FIRE AND CONSTITUTES A FIRE HAZARD; OR
. ._.... ._ . . t.. .. ......... .~ ''''0'''' ........ ......-. ...... .. ....... ....
G3 ,(2) . BECAUSE OF ,FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
, .., , . LIABLE TO CAUSEINJ1JRY OR DANAGE BY CO;LLAPSING OR BY COL-
.. X..'. .., LAPSE O~ FALL OF ANY PART OF SAID STRUCTURE; OR
. .. ..-. ........... ....-........ .. ."
" ' , (j) BECAUSE OF ITS CONDITION OR BECAUS,E OF LACK OF .S:rCURED
., 8" - ..., - DOORS OR lvINDOl'lS, IT IS AVAILABLE TO AND FREQUENTED BY
. '. x.., .... ...: ..MALEFACTORS OR DISORDERLY PERSqNS l-lHO ARE NOT LAWFUL .
, ..'. .. OCCUPANTS OF SAID STRUCrr.-{JRE; OR, ' ': -',." '
'~EJ (4) 'BECAUSE OF ITS CONDITION, IT IS'DANGEROUS TO PUBLIC
... 'x ... -. . HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE
, ,_, ,. " _ OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGH-
, , .., ..,BORIl~G STRUCTURES. ' '
,(SEE INSPECTION CHECKLIST ON REVERSE SIDE ~'lHICH IS A PART OF THIS
, _ REPORT. ) ., . ...' :'.. , .. , .-, ~""'--'_." " .... ..', --:'.... .. ... ,.- -
. . . - I .
",_ ...._...._.__...._ _ ........_.._., .... ....... .., ..r.'..............,.. .
.. <:"0 .._.. ._',- ...~.. '. .....'
: " "
. ....
.~, FINDINGS AND CONCLUSIONS OF ,THE BOARD OF I~SPECTION:
'" '.
.' ._...;.............. ._..._.....10...'_..........., ...._.........4........._.".......... ...........- .. . .
, ...'...:rt is the opinion of this. Inspect'ion Board after using 'City of La Porte'
. '.. ..o~.di~~~~'~..'#153i--(it~~d~~d' .B~iidi~g:.--C~de;: i'985 'Edition) as its guide ..
.___ or' .__.._.P....._................_.._._....._"4.......~.'"...I_.____.....,.. . '. ..... .... ........ ..-' ...~....... -.. ...... .. I" " ,.
...,....... i~ making the inspection-," that this building is in fact' dangerous,
. -.' ....,,--....
. ..~. ...._...-..............:......~.... ........ ..... .,.1_. '. I... ....... . . ._1,. .' .
'. .';;~'t'-"~~'p'~i~~ble, and should be demolished.
This building does' not' meet
, .....~..- ,.' - ,\ ..--.' " "..
the" 'mini~lU~ structural, electrical, or sanitary standards deemed
. ..... ....-.-..-.-.....:.. .... -.-..
.....essential for safe and healthful human occupation and is therefore a
threat to pQblic s~fety, health, and the general welfare of the
"'" .
citizens of La Porte.
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ItS 0. OJ REHi\RKS
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. .~ LA PORTI:: ORDINl\NCE "
'0 '0 '0-1-'
ItS OJ OJ UJ ( STl\NDJ\RD 1I0USING CODE,
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H Z ZH .' EDITION)
1. HCilns of Eg res s X
2. Room Sizcs N/A
3 . Privacy of Bath X
4 . Privacy of Bedrooms N/A
-
5. Pree, of InfestatJ.ons X
- . -
6. Garbage Storage X
Ccilinq Heights .._-
-, X
, .
"'indO''' Clearances . --
8 . X
9. Nindow Area -
X -
10. \-HndO''' Openable - ..-.-
Areas N/A
11. \'1 indow Sash X
12. Screens N/A --
::.3 . \'lindO''' F,rames X
14" Foundation -.
X
15. Pier~, X
16. Floor Framl.ng X
17. Flooring X
18. Ex ter ior Nalls X
<19. Columns N/A
20. Exterior StC:::DS X
, .
21. Exterior'Stairs N/A
22. Roofing X
'23. Roofinq Flashing X
24. Roof Rafters X
25.' Sheathing x
26. Exterl.or Doors X
27. Interl.or Doors x
28,'t Partitions X .
29. Interior Stairs r-l/B
~O. CeIiinq Joists x
"31. Hardware X
J\
32. Mechanical Ventila- , .,
tion X ,.....
33. Electric Lig 11 t,s X
34. Electric Switches x .
35. Electric Outlets X
36. Electric Panel x
"j7. Heating Equ1pment .x ." .
38. Sl.nk A
39. J..ava tory , X
40. \'later' Closet x ... ".
41. Dath Tub lVB ..
42. Plumbing DrainLlq'c x -,
43. Hot "later ' - A ' -,
'411. Cold \'la tar' ,,'" - , x ' , , . , ,
4 5. ''lc'l tar Heater - . x -. -.. .
46. Grass . , " - . A
,47. 'I'rcJsh . .. ". ' , ' , x
4B. Appl1ances x
49. l-"urni tltrc ,- .--.... . l~/B
50. Automobiles ' , ' ' . ~. . ,lVB
51.. Secondary Structur.e, r-l/B
CHECK LIST
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CODE VIOLi\TION
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