HomeMy WebLinkAboutO-1990-1681
.
e fbit
ORDINANCE NO. 1681
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT 31-32
, BLOCK 85 I
TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A
NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT
Joseph D. Boarn 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 BY SAID OWNER IN THE MANNER PROVIDED HEREIN;
PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW.
l'
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
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 Cjty 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 Bqard of Inspection that the
building located
on
Lot 31-32: Block 85: 'Town of La Porte
.
e
Ordinance No. 1681
, 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,
Joseph D., Board , whose
address is P. O. #921, La Porte, Tx 77571-0921
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, tity ,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.4It 1681
, Page 3
-
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 Joseph D. Board
who resides at P. O. Box 921, La Porte. Tx 77571-0921
record owner of the property on which this building is
situated, and that as such record owner, the said
Joseph D. Board has been
duly and legally notified of these proceedings.
Section 5. The City Council hereby orders the said
Joseph D. Board to entirely remove or
tear down such building, and further orders the said
Joseph D. Board 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. 1681
, Page 4
e
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
Joseph D. Board
, by
registered mail, return receipt requested.
Section 8. Should the said
Joseph D. Board
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
JosephD. Board
,
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
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
O d N e 1681
r inance o.
No. 5
e
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 12rh
day of M~rC!h
1990
CITY OF LA PORTE
BY~#y7~~
Mayor
ATTEST:
~~
City Secretary
Aezt/ ~
City Attorney
-
e
CITY OF LA PORTE
DANGEROUS BUILDING
INSPECTION FOru.t
DATE 12/13/89
431 North Broadway
STREET ADDRESS
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECT.I.)N 8-118, THE
BOARD OF INSPECTION I~DE AN INSPECTION OF THE AFOREMENTIONED PROp.
ERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEI~ OPINION,
IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLotHNG REASONS: (AS
OUTLINED IN CITY OF LA PQRTE ORDIN&~CE #1145, SECTION 8-117).
_. EJ (1)
. . El (2)
",
~ (3)
,. IJ
(4 )
BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER ,
'REPAIR OR ANY OTHER CAUSE, ~T IS ESPECIALLY LIABLE TO
FIRE AND CONSTITUTES A FIRE aAZARD; OR
BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DM.1AGE BY COLLAPSING OR BY COL-
LAPSE OR FALL'qF ANY PART OF SAID STRUCTURE; OR
. -- .
BECAUSE' OF, ITS CONDITION OR BECAUSE OF LACK OF .SECURED
DOORS OR lHNDot'1S, IT IS AVAILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT. LAWFUL
OCCUPANTS OF SAID STRUCfURE; OR '
BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC
HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE
OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGH-
BORING STRUCTURES.
(SEE INSPECTION CHECKLIST ON REVERSE SIDE WHICH IS A PART OF THIS
REPORT. )
. , .
..0:- . . .
". ..
. . .. .
FINDINGS AND CONCLUSIONS OF ~HE BOARD OF INSPECTION:
It'''is' the opinion of this Inspection Board after using City of La 'Porte,
Or-d.i:nance #1532 (Standar~ Buiiding Code, 1985 Edition) as its guid~
~~""ma~ing 'the inspectionj~'.. 'that 'this building is in fact dangerous, r ..
not repairable, and' shoulld be demolished. - This building does 'not meet
, ,I '
the minimum structural, ~lectrical, or sanitary standards deemed
I
essential for safe and healthful human occupation and is therefore a
I
threat to public safety,1 heal.th, , and the general welfare of the
citizens of La Porte.
ZZ'
" "/~,
, ...
~tf.Ii.J-M~". 77/~-'
e
e
..."',
~
Q)' 'M Q)
" +J ItS .0'0
ItS 0. Q) REH.i\RKS
=' Q) Or-i
0" D:: +Jr-i
Q) ItS LA PORTE ORDINJ\NCE #
'0 '0 'O+J
ItS Q) Q) Ul (STANDj\RD HOUSING CODE,
s:: Q) Q) s::
H Z ZH " EDITION)
1. He im s of Egress ' " X
2. Room Sizes N/A
3. Privacy of Bath X
4. Privacy of Bedrooms N/A
5. Pree of Infestations X -
6. Garbage Storage X - - -
., Ceilinq Heights X ,. ..--
, . ' .
,8. ~." i ndo\oJ Clearances .-
X
9. \oJ indow Area -
X
10. windO\oJ Openable - ~....-
Areas X
11. \oJ indow Sash X
12. Screens X --
:U. Nindo\'l F,rames X
14. Foundation X -.
15. Piers N/A
16. Floor Framing N/A
17. Flooring X
18. Exterior lvalls X
19. Columns N/A
20. Exterior Steps N/A
21. Exterior Stairs l\I/A
22. Roofing " '. X
,23. Roofing Flashing X
24. Roof Rafters " X
25. Sheathing x
26. Exterior Doors x
27. Interior Doors 1.\1 'A
28. Partitions N 'A
29. Interior Stairs 1.\1 'A
30. Cefiirtg Joists x
3'.1. Hard~lare X
32. Mechanical Ventila- ~
.. tion X
33. Electric Light,s 11.
34. Electric Switches 11. ,
35. Electric Outlets 11.
36. Electric Panel x
37. Heating Equipment ..1\.
38. Sink - . lV~
39. I.lavatory l\I/A
40. 'vater Closet N/A
41. Bath Tub N/A
42. Plumbing Drainaqe N/A
43. Hot \1a ter X
44. Cold \'la ter X
45. \'la te r Heater X -..
46. Grass y.t;~ , '
47. '!'rash YES
48. Appliances 1.\1 'A
49. Furniture ' ' N 'A
~O. Automobiles N 'A
51. Second.J.ry Structure N 'A
, .
CHECK LIST
CODE VIOL/\TION