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HomeMy WebLinkAboutO-1990-1686 e . /(, ~ b ORDINANCE NO. 1686 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT 9-12 , BLOCK 79 . TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Elizabeth V. Weems 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 (lO) 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-l1S 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 8-1I8(a) of said Sections provide , that: Whenever it shall corne 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, Sectiorr 8-1I8(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 o~ the buil~ing upon which such conclusion was bas~d. The report shal~ be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore corne to th~ attention of the Board of Inspection that the building located on Lot 9-l2: Block 79:" Town of La Porte e e Ordinance No. l686 , Page 2 Harris County, Texas, has, for the reason of neglect nr 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, 19S9 . 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, Elizabeth V. Weems , whose address is ISla Hillside Rd., Boulder, Colorado 80302 . 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 (lO) 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 within fifteen (l5) Council, after due deliberation, and days after the termination of the hearing, is required to make its decision in writing and enter its order; and Ordinance NO.~ 1686 , Page 3 e WHEREAS, City Council entered its order on March l2, 1990 . a day which is within fifteen (l5) 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. Secti~n 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 Elizabeth V. Wp-p-ms who resides at. l810 Hillside ROjid. BOllldP-T, Cola R0102 record owner of the property on which this building is situated, and that as such record owner, the said has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Elizabeth V. Weems to entirely remove or tear down such building, and further orders. the said Elizabeth V. Weems 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. e . Ordinance No. l686 , Page 4 e Section 6. ~he 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 Elizabeth V. Weems , by registered mail, return receipt requested. Section 8, Should the said Elizabeth V. Weems 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 d,eem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall Elizabeth V. Weems be charged against the said , 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 Ordinance NO.~ l686 No. 5 e for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-l7, 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 M~y~h 1990' CITY OF LA PORTE BYJt/P/?4/~~ Mayor ATTEST: ~~ . Ci ty. Secretary APPROVED: ~ {i;j:,;.tf/ Ci ty Attorney. ' e e CITY OF LA PORTE DANGEROUS DUILDING INSPECTION FORH DATE December 13, 1989 STREET 1\DDRESS 314 N. 6th. ADDRESS l8l0 Hillside Rd., Boulder, rn1n 80302 OlVNER Elizabeth V. Weems 00062l OCCUPANT None AGENT SURVEY OR SUBDIVISION La Porte BLOCK 79 LOT 9-l2 TYPE OCCUPANCY Residential ZONING R-I FACILITIES AVAILABLE: WATER x SAN ITARY SEt'lER x ELECTRICAL POlvER x GAS x NUMBER OF DWELLING UNITS 1 VACANT x OCCUPIED AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTI.')N 8-1l8, THB BOARD OF INSPECTION ~~DE ~N INSPECTION OF THE AFOREMENTIONED PROp. ERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEI~ OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOlHNG REASONS: (AS OUTLINED IN CITY OF LA PORTE ORDINfu~CE il145, SECTION 8-117). BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER 'REPAIR OR ANY OTHER CAUSE, ~T IS ESPECIALLY LIABLE TO FIRE AND CONS~ITUTES A FIRE HAZARD; OR BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DN4AGE BY COLLAPSING OR BY COL- LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF.Sr.CURED DOORS OR WINDOt'lS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; 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 \vUICH IS A PART OF THIS . REPORT.) . . ..... . .. .. ..... " . .' .. . .. . ~. . . . FINDINGS AND CONCLUSIONS OF ,THE BOARD OF INSPECTION: . ;.' . ." ,'......R. ... ,..... . . .... ._.... ..~.. It is the opinion of this Inspection Board, after using City 'of ... . ".' ~. .. . . . La"Porte Ordinance #1532 (Standard Housing Code, 1985 Edition) as rEs guide' i"~ in~ki~g .th~ i~'~'p~~'ti~~-,-" that"'this build"ing, is in fact da~gero'us, "not rep~irable",'~ ~n-d.' ~h~'~id"be.- demolished. This building , . " does not provide the basic minimum housing standards deemed essential for safe and'healthful li~ing for a residential occupancy and is a threat to public safety, heal.th, and the general welfare of the citizens of the City of La Porte. A'J~~. , ... , . $u../R.If~~. ./7~-. ~:.I -.- . e e ..~'" S-l <1J 'r-! <1J " +J ItS ..0'0 ItS 0.. <1J REHi\RKS ::J <1J o~ tJ1 0:: +J ~ Q) ru LA PORTE ORDINM'ICE n "0 "0 "O+J ItS <1J <1J Ul (STJ\NDI\RD HOUSING CODE, c::: <1J Q) c::: H Z ZH EDITION) 1. Heans of Eq re s s x 2. Room Sizes x 3 . Privacy of Bath x 4 . Privacy of Bedrooms x - 5. Pree of Infestations x - ' . 6. Garbuge Storage x Heights ..-- -, Ceilinq x , . . -- 8 . NindO\v Clearances x 9. \Vindow Area - x IO. \Vindo\v Openable - .....- Areas x II. \'1 indow Sash x 12. -- Screens x }3. ,v indO\v P,rames x 14. Foundation x .' l5. Piers x 16. Floor Framl.ng x l7. Flooring x IS. Exterior 'valls x 19. Columns x 20. Exterior Steps x 21. Exterior Stairs N/A 22. Roofing x 23. Roofing Flashing x 24. Roof Rafters x 25. Sheathinq x 26. Ex ter'l.or Doors x 27. ' Interior Doors x 28 .!~ Partitions x .' 29. Interior Stairs, "T /71 ~O. CeIiing Joists x 31. Hard\'lare x ~). 32. Mechanical Ventl.la- -" .. tion x 33. Electric Light,s x 34. Electric Switches x , 35. Electric Outlets x 36. Electric Panel x 37. Heating Eq'uipment x . 38. Sink x 39. Lavatory x 40. Nater Closet x 41. Bath Tub " .,"'. x 42. Plumbinq Drain.:tqe x 43. Hot "Ja ter x 44. Cold \'la tcr ' ' x 45. \'la tcr Heater .. ... .- x ,,46. Grass : Yes , 47. '}' r c1 s h . ....~. Yes 4B. Appll.ances ,- Yes 49. Furniture .. N/A 'SO. J\utomobi1c5 N/A 51. Secomi.:lry Structur.e N/A CHECK LIST CODE VIOLi\TION , ' , '