HomeMy WebLinkAboutO-1990-1687
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ORDINANCE NO. 1687
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT 19-20
, BLOCK 96 I
TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A
NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT
Julian L. & Manuela Medina 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 awproved 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-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:
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 builqing 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 19-20i Block 96: Town of La Porte
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Ordinance No. l687
, 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 Sect"ion 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,
Julian L. & Manuela Medina
, whose
7201 Spencer Hwy #23, Pasadena, Tx 77505
address is
. 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,
Porte, Texas, at which time the Council
City of La
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
Februarv 26, 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 such public hearing, at
which time evidence was presented both for and against
the conclusions of the Board of Inspection.
W~EREAS, 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.4If687
, Page 3
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WHEREAS, City Council entered its order on March l2,
1990. a day which is within fifteen (IS) days after
the termination of the hearing; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section l. 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 Julian L. & Manuela Medina.
who resides at 7201 Spencer Hwy #23, Pasadena, Tx 77505.
record owner "of the property on which this building is
situated, and that as such record owner, the said
Julian L. & Manuela Medina has been
duly and legally notified of these proceedings.
Section 5. The City Council hereby ord~rs the said
JulianL. & Manuela Medina to entirely remove or
tear down such building, and further orders the said
Julian L. & Manuela Medina 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. e l687
, Page 4
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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
exteri9r 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
Secretary to forward a certified copy of this
to the record owner of said property,
Julian 'L. & Manuela Medina
the City
Ordinance,
the said
, by
~egistered mail, return receipt requested,
Section 8. Should the said Julian L. & Manuela Medina
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
Julian L. & Manuela Medina , 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.~1687
No. 5
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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 l2
day of March
1990
CITY OF LA PORTE
BY~4/d/~
Mayor
ATTEST:
~~
City Secretary
APPROVED:
City Attorney
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CITY OF Ll\ PORTE
DANGEROUS BUILDING
INSPECTION FORH
Dl\TE December 13, 1989
STREET ADDRESS 4ll North llth
ONNER Julian L. & l-1anuela 1<ledina - ADDRESS 119 South Carroll; La Porte, Tx
.000774
OCCUPANT NONE AGENT
SURVEY OR
SUBDIVISION
La Porte
BLOCK
96
LOT 19-20
LI
TYPE OCCUPANCY Residential
ZONING
FACILITIES AVAILABLE: WATER x
Si\NITARY SEt'TER
x
ELECTRICAL PONER x
GAS
x
NUMBER OF DWELLING UNITS
I
VACANT
x
OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECT I~IN 8-1l8, 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 FOLLmnNG REASONS: (AS
OU~LINED IN CITY OF LA PORTE ORDIN&~CE #ll45, SECTION 8-l17) .
EJ
LJ
.B
," EJ
"
x
(I)
BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
'REPAIR OR ANY OTHER CAUSE, ~T IS ESPECIALLY LJABL~ TO
FIRE AND CONSTITUTES A FIRE aAZARDi OR
(2)
BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DN'~GE BY CO~LAPSING OR BY COL-
LAPSE OR FALL OF ANY PART OF SAID STRUCTUREi OR
(3 )
BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF.SrCURED
DOORS OR NINDm'lS, IT IS AVAILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS ~'mo ARE NOT LMvFUL
OCCUPANTS OF SAID STRUC~URE; OR
(4)
',BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC
HEALTH ANp ~~Y CAUSE OR AIn IN THE SPREAD OF DISEASE
OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGH-
BORI~G STRUCTURES.
,.. ,-.. .
(SEE INSPECTION CHECKLIST ON REVERSE SIDE mnCH IS A PART OF THIS
REPORT. ) . . " ....
. '.' -. . . '.
FINDINGS AND CONCLUSIONS OF ,THE BOARD OF INSPECTION:
, .
It' i~ the 'opinion of this ,.. Inspection Bo'ard, after using City' of
La"Porte Ordinance....4tl532 (Standa'rd Housing Code'; 1985 Edition) as
its guide 'in ma:king-'the'-:Gispectiori;' that this building, is in fact"
, dangerous,' - not repairable ,and '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 Porte.
IN'JTO)S: .
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-:--
~
Q) .M Q)
'. oW ItJ .0'0
lU 0.. Q) REHj\RKS
::l OJ 0.-4
tr ~ ~.-4
OJ fIj LA PORTE ORDIW\NCr: ~
'0 '0 '0 oW
. ,', fIj Q) Q) U'I ( STJ\NDj\RD HOUSING CODE,
t:: Q) OJ t::
H Z ZH " EDITION)
1. Hcans of Eq re s s 'V
2. Room Sizcs 'V
3 . Privacy of Bath v
4 . Privacy of Bedrooms 'V
of Infestations -
5. Free v
Garbaqe - - .
6. Storage ~
., Ceilinq Heights ..--
, . v
h'indO\v Clearances . .-
8 . x
9. \oJ indow Area -
~
IC. \oJindo\v Openable - ....-
."
~'.
Areas x
ll. \Vindow Sash x
l2. Screens --
x
:1.3 , \Vindo\v F,rames x
"14. Foundation u
x
IS. Piers x
l6. Floor Framing x
17. Flooring x
l8. Exterior \oJ all s x
19. Columns x
20. E:, ter ior Steps x
2l. Exterior Stairs . , N/A
22. Roofing 'x
23. Roofing Flashing x
24. Roof Rafters x
25. Sheathing x
26. ExterJ.or Doors x
27. InterJ.or Doors x
2 8 . ',~ Partitions x
29. Interior Stairs :;': lI.T In
3.0. cefiing Joists x ..
31. Hard\-/are x '"
32. Mechanical Ventila- , .
tion x
33. Electric Light,s x
34. Electric Swi tches A
'35. Electric Outlets 'V
36. Electric Panel v
,37. HeatJ.ng Equipment 'U' .
38. Sink 'V
39. J.lava tory v
40. Nater Closet 'V
41. Dath Tub v
42. Plumbing Drain~qe v
43. Hot \'lat.er y
.4 4. ' Cold \-la tcr .. ~
45. \'later Heater ... ..
x
,46. GrasS " , .. . . . . .. ~ " , . . ... .
47. 'l'rash x
<4 B . . ApplJ.ances .' NI A
.~ ~.
49. Furniture N A
50. Automobile!> NI A
51. Sccond.J.ry Structur.c x
CHECK LIST
CODE VIOLj\TION