HomeMy WebLinkAboutO-1990-1680
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ORDINANCE NO. 1680
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT30-32
,BLOCK 1438 ,
TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A
NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT
Donald F. Ford I S THE RECORD
OWNER OF' SAID PROPERTY; ORDERING THE SAID OWNER TO
ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING T~E
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 La Porte, creating a
Board of Inspection to be composed of the Building
Inspector or his duly author ized 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 8-11S(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 I it has heretofore come to the attention of
the Board of Inspection that the
building located
on
Lot 30-32; Block 1438; Town of La Porte
.
.
Ordinance No.
1680
, 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 .
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,
Donald F. Ford , whose
address is P.O. .,4098, Pasadena, Tx 77502
. 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
February 23, 1990 , 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 suc~ 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
Ordinance NO'4IJ680
, Page 3
e
WHEREAS, City Council entered its order on ~1arch 12,
1990 I a day which is wi~hin fifteen (15) days after
the termination of the hearing; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA I
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
I
incorporates such by refe~ence 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,
.determinesand declares that Donald F. Ford
who resides at P. 0.4098, Pasadena, Tx 77502
record owner of the- property on which this building, is
situated, and that as such record
owner, the said
Donald F. Ford
has
been
duly and legally notified of these proceedings.
Section 5. The City Council hereby orders the said
Donald F. Ford
to entirely remove or
tear down such building, and further orders the said
Donald F. Ford
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.- 1680
, 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 said
Donald F. Ford , by
registered mail, return receipt requested.
Section 8. Should the said Donald F. Ford
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
Donald: F. Ford , record
owner ~f 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
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.~1680
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 12th
day of MarC!h.
1990
CITY OF LA PORTE
ByJ(~4<t//l(/- -
, Mayor
ATTEST:
~M<,L)
City Secretary
~tJdu
City Attorney
it
e
CITY OF LA PORTe
DANGEROUS DUILDING
INSPECTION FOru.t
DATE December 13, 1989
STREET ADDRESS
1500 Blk South Broadway
Ol'lNER Donald F. Ford _ 002598
ADDRESS P. O. Box 4098, Pasadena, Tx.
77502
OCCUPANT
None
AGENT
SURVEY OR
SUBDIVISION
La Porte
BLOCK
1438
LOT 30-32
ZONING
R-3
TYPE OCCUPANCY ,Residential
FACILITIES AVAILABLE: WATER
x
Sl\NITARY SEt'lER
ELECTRICAL POl'lER
x
GAS
x
NUMBER OF DWELLING UNITS
1 VACANT
x
OCCUPIED
..
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTi'::>N 8-118, THE
BOARD OF INSPECTION ,HADE AN INSPECTION OF THE AFOREl-1EN'l'IONED PROp.
ERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEI~ OPINION,
IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOtHNG REASONS: (AS
OU:LINED IN CITY OF LA PORTE ,ORDINANCE #1145, SECTION 8-l~7).
Q
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(1)
BECAUSE OF FAU~TY CONSTRUCTION, AGE, LACK OF PROPER
'REPAIR OR ANY OTHER CAUSE, ~T IS ESPECIA~LY LIABLE TO
FIRE AND CONSTIT~TES .A, FIRE ~AZARDi OR
(2)
- ..
BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE !NJURY OR DN.~GE BY COLLAPSING OR BY COL-
~PSE OR, ~ALL ,9~,-,'.ANY PART,'qF ,SAID STRUCTUREi OR "
. . . f
(3)
. .' -' .
BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF.Sr.~URED
DOORS OR WINDO~'lS, ,IT IS AVAILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LA~vFUL
OCCUPANTS OF _ SA;I:D STRUC':'UREi O~ " , ' ,.
, BECAUSE ,OF ITS CONDITION, ,IT IS DANGEROUS TO PUBLIC
HEALTH AND MAY CAUSE OR AID IN THE SPREiill OF DISEASE ',:
OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGH-
BORING STRUCTURES.
(4 )
(SEE INSPECTION CimCKL'IST 'ON REVERSE SIDE ~vHICH IS A PART OF THIS
REPORT.) :'.... '
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FINDINGS AND 'CONCLUSIONS OF ~HE BOARD OF INSPECTION:
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, "It is the" opinio'n~'c)f this Inspection 'Board, after using City o'f
"I, ',,"
-- 'La- Porte Ordinance #1532: "(Standard Housing Code;" 1985 Edition) as ..:;'.:,,',
, '
, " "'-"'i ts guide'" in '~akin~'""the 'in~p'ection~" th'at" 'this building, '1.S In fa,ct
, dangerous,' not repairable ,.'~and ~hould be demolished. This building
4.......... """""~
"'does not provide' the basic minimum housing standards deemed essential
'for safe and healthful living for a residential occupancy and is a
threat to public safety, healt~, and the general welfare of the
, titizens of the City of La Porte.
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Q) lU LA PORTE ORDnmNCE ~
'0 '0 'O+J
I'(J Q) Q) III (STJ\NDJ\RD HOUSING CODE,
c:: Q) OJ c::
H Z ZH " EDITION)
1. ~1el\ns of Eg ress X
2. Room ,Sizes O.K.
3. Privacy of Bath ,x
4 . Priv.:lcy of Bedrooms X
5. Free of Infestations X -
- . .
6. Garb.1ge Storage X
., Ceil,j..ng Heights O.K. "--
, .
8 . Nindo\v' Clearances X . --
9. \'lindow Area -
X
10. \~indo\oJ Openable - ..-.-
Areas , X
11. Nindow Sash X
12. Screens --
X
}3. NindO\oJ F,rames X
3..4 . Foundation .'
X
15. Piers O.K.
'16. Floor Framing X
17. Flooring X
18. Exterior Nalls X
-19. Columns N/A
20. Ex ter,ior Steps X
21. Exterior Stairs N/A
22. Roofing y
23. Roofing Flashing X
.24. Roof Rafters U.K.
25. Sheathing N/A
26. Exterl.or Doors X
27. Interior Doors X
28."" Partitions X
29. Interior S ta ir s N/A
30. CeIiinq Joists O.K.
31. Hard'.rlare X ''\''- ,
32. Mechanical Ventila-
tion X ' ' "'f
33. Electric Light,s X
,34. Electric Switches X .
35. Electric Outlets X
36. Electric Panel X
37. ,Heating Equipment X
38. Sink X
39. J...ava tory x
40. ''/a ter Closet -x-
41. Bath Tub x
42. Plumbing Drain.:tQe X
43. Hot Nat.er X
44. Cold \'later X
45. \'la ter Heater -..
X
.46. Grass X
47. 'I'rash X
48. Appll.ances X
49. Furniture X
50. Automobile!> N/A
51. Second.J.ry S trllc tu r.e X
CHECK LIST
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'CODE VI01.~\TION
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