Loading...
HomeMy WebLinkAboutO-1990-1684 . . /~4 ORDINANCE NO. 1684 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT 25-28 ,BLOCK 79 , TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Shirley Gay Walker 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. WHEREAS, the City Council of the City of La Porte, passed and approved Sections 8-1l5 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-l18(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 8-118(c) provides that: Af~er 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 Lot 25-28; Block 79; Town of La Porte e . Ordinance No. l684 , 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, Shirley Gay Walker , whose address is P. O. #68, Mexia, Tx 76667 c/o Hazel Gay . 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 not deliverable ,a date more than ten (lO) 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 Ordinance NO.~684 , Page 3 . WHEREAS, City Council entered its order on March l2, 1990 . 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 Shirley Gay Walker who resides at P. 0.*68. Mexia. Tx 76667 c/o Hazel Gay record owner of the property on which this building is situated, and that as such record owner, the said Shirley Gay Walker has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Shirley Gay Walker to entirely remove or tear down such building, and further orders the said Shirley Gay Walker to commence such removal within ten (lO) days from the effective date of this Ordinance, and to complete such removal or demolition of such building within a reasonable time. e Ordinance No. 1684 , 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 Shirley Gay Walker , by registered mail, return receipt requested. Section 8. Should the said Shirley Gay Walker 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 Shirley Gay Walker , 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 e Ordinance No, l684 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 l2th 1990 day of March, CITY OF LA PORTE BY,~~~~~ ~ Mayor ATTEST: ~~ City Secretary APPROV~D: ~ Oi;;j~. . City Attorney e . CITY OF LA PORTE DANGEROUS DUILDING INSPECTION Fomi DATE December 13, 1989 STREET ADDRESS 323 North 5th ONNER Shirley Gav Walker ADDRESS P. O. Box 68, Mexis, Tx. 76667 OCCUPANT None AGENT Hazel Gay ,000630 SURVEY OR SUBDIVISION LOT 25 .thru 28 Residential La Porte ,. BLOCK 79 ZONING R-l TYPE OCCUPANCY FACILITIES AVAILABLE: WATER x SANITARY SEHER x ELECTRICAL PQl-lER x GAS .X NUMBER OF DWELLING UNITS I VACANT x OCCUPIED ., . ~S REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECT '::,,)N 8-1l8, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROp. ERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEI~ OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOtVING 'REASONS: . (AS OUTLINED IN CITY OF LA PORTE ORDINANCE .ilI45, SECTION 8-ll7) . ", Q G (I) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER .'REPAIR OR ANY OTHER CAUSE, "IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR (2) . BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT .IS ..LIABLE TO CAUSE INJURY OR DN:~GE BY COLLAPSING OR BY COL- .. LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR ................ .-....... ......'. " , [;]' "(3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF .Sr.(:URED , ". DOORS OR l-JINDOt"lS, IT IS AVAILABLE TO AND FREQUENTED BY ... .'~' MALEFACTORS OR DISORDERLY PERSONS WHO ARE NO':r. LAWFUL "X . OCCUPANTS OF SAID STRUCTURE; OR '. -.> "G' (4) BE~AUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC . HEALTH ~ND ~mY CAUSE OR AIn IN THE SPREAD OF DISEASE , OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGH- .,.' BOR~,NG STRUCTURES. " . . ., _... -....... .. . (SEE INSPECTION CHECKLIST ON REVERSE SIDE ~-JHICH IS A PART OF THIS REPORT. ) ._.., ._.,.. , '" ...., ...,.. ...'...... ; , - ..., . '. , .. . . . ,..:......1: ,- .... : ,"'. . -...... "._.: ~. .. . : ..: ~:. " ....... . .:. . . FINDINGS AND CONCLUSIONS OF "liE BOARD OF INSPECTION: . :..'~:...:..,.. "..;., ", "I , ' ' .. It: is 'the'opini"ori."of thIs'...'Inspection Board, after using City 'of ';,~. La"porte Ordinance--'#1532 . (Standard 'H~using Code,. 1985 Edition) as" ..;,';:'.,"-;,: ,;"'. its guide.'-iIl' mak'iil~j'"'the Uip.spection';' 'that .-this buildi~g, '. is in'''fact ,...,., , . .' dangerous ,'.' not. rep-airable ~"-'i:lnd should be demolished. ,This building . -'-'--~-' 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, health, and the general welfare of the citizens of the City of La Por.te. I7Jj~ ~ " :>!JJ/f.It~.... ~.~..~ lf~ '/ '. .' " . e .J: ~ QJ oM QJ '. +l I'd .Q'tl I'd 0.. QJ m::r.L\RKS ::s QJ Or-4 0' ~ +l r-4 0 Q) rd L1\ PORTE ORDIW\NCE " 'tl 'tl 'tl+l I'd Q) Q) 1fI (STl\NDI\RD HOUSING CODE, c: QJ QJ c: H Z ZH " EDITION) 1. HCtlns of Egress X 2. Room Sizcs X 3. Privacy of Bath X 4 . Privacy of Bedrooms x of Infestat10ns X - 5. Free X - . - 6. Garbage S toruge ..-- ., Ceilinq Heights X I . .0_ 8. \'-lindO'v CleariJnces X 9. \oJindow Area - X 1,0. WindO'v Openable -- ....- , - Areas X Il. NindowSiJsh X 12. Screens -- X .:t3 . \'1 indo\v F,rames X 14. Foundation ., X ',15. piers X 16. Floor Framing X 17. Flooring X 16. Exterior \valls X -'19. Columns x 20. Exterior Steps X 21. Exterior Stairs - . N/A 22. Roof~ng X 23. Roofing Flashing X 24. Roof Rafters X 25. Sheathing X . 26. Exter10r Doors X 27. Inter10r Doors X .28p PiJrtitions X ' - 29. Interior Stairs ' . 1\1/n. . - .L3 0 . CeIiing Joists X 31. Hard\-lare X i\ll. ,32. Mechanical Vent11iJ- . . . - tion X ....-.-- :33. .Electric Light,s X ':34. Electric Switches X 35. Electric Outlets X .... 36. Electric PiJnel X 37. Heating Equipment x 38. Sink X .39. J..avatory .' , x 40. \va ter Closet h , 41. Bath Tub X: 42. Plumbing Dra1nLlqe X ' . 43. . Hot Nater X . . "4" . Cold \'la tcr ' , ....-. X . . I ...,: I,;:,' , 45. \'la tel;" Heatcr X - .. ','46. Grass .. , . .... .....:. .. X - . . - ., . .. ' . " ' ......." ...:..... ';47.' 'l'rash ' .. X :, 4 B . J\pp11ances X : .. ,.. :'49. Furn1tnrc X '50. Automobile!> .. Yes, Junk veh1c1.es . , -51. Sccond~ry S truc tu r.c N/A CHECK LIST '-. .f:,,' ... . . I........r:. .~ j". .':-..;,..'.'.'..:.::f..~ CODE VIOL\TION .' . '" .' . .' 0 .. .