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HomeMy WebLinkAboutO-1990-1689 . e /'B1 ORDINANCE NO. l689 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT 20 , BLOCK 10 , SYLVAN BEACH FIRST ADDITION, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Wyndham Ray Rhoden 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-l15 through 8-l26 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-ll8(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 8-1l8(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 case~ no matter what conclusion is stated by th~ Board; and ,~ . " WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lot 20; Block 10~Sylvan Beach First Addition which is further described as "House #2" and identified as the structured picture on attached Exhibit A. . . Ordinance NO.4It689 , Page 2 e 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-ll7 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. 19R9. 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, Wyndham Rav Rhoden , whose address is l809 Larrabee. Seabrook. Tx 77586 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 "6 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 dp.livp.r~hlp , 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, 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.. 1689 , Page 3 e 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 I. 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 Inspect i on, 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 Wyndham Ray Rhoden ,____, who resides at 1809 Larrabee, Seabrook. Tx 77586 is the record owner of the property on which this building is situated, and that as such record owner, the said Wyndham Ray Rhoden has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Wyndham Ray Rhoden to entirely remove or tear down such building, and further orders the said Wyndham Ray Rhoden to commence such removal within ten (10) day's. from the effective date of this Ordinance, and to complete such removal or demolition of such building within a reasonable time. '. Oz:dinance NO.. l68,9 , Page 4 e Section 6, The City Council hereby oz:ders 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 recoz:d owner of said p~operty, the said Wyndham Ray Rhoden ,by registered mail, return receipt requested. Section 8. Should the said Wyndham Rav Rhoden 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 shali be charged against the said Wyndham Ray Rhoden , 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 caz:efully 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 cdnvenient to the public at the City Hall of the City ;... . . Ordinance NO.4It689 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 IO. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 12th day of March, 1990 CITY OF LA PORTE Byf~/~~ Mayor - ATTEST: ~~ City Secretary AP~wd City Attorney .~ ..;. . . e HOUSE 1/2 EXHIBIT' A . e CITY' OF LA PORTE D1\NGEROUS DUILDING INSPECTION FORH D~TE December 13, 1989 STREET ADDRESS 300,Blk Bayshore House #2 ADDRESS 1202: Bayshore Drive, La Porte . ., ,775 7l miNER Wyndham Ray Rhoden 007388 OCCUP ANT None AGENT None SURVEY OR SUBDIVISION Sylvan ~each BLOCK lO LOT 2,0' " .. TYPE.OCCUPANCY' Residential , ' ZONING R-I FACILITIES AVAILABLE: \"lATER x S)\NITARY SEl'lER x ,ELECTRICAL POl'lER x " G1\S . X'... NUl.mER OF DWELLING: UNITS 1 VACANT x OCCUP~ED , . , , AS REQUIRED I'N CI~Y OF .LA, PORTE ORDINANCE #1145, SECT.[')N, 8":118, ,THB BOARD OF INSPECTION.. HADE'. AN INSPECTI.ON OF THE AFOREl-1EN'l'IONEU PROp. ERTY, AND DETEm1I~~D T~E BUILDING LOCATED THEREON; IN THEI~ OPINION, IS IN FACT A DANG,~~OUS. ',BUILDING, FOR: THE FOLLOlnNG REASONS: ('~S, OUTLINED IN CITYrq~ .LA'PORTE ORDINANC~ ~1145, SECTION 8~1l7). . ~ I . n' .' . . :...",.. . . , .. '[J ,(1) BEG!\US,E' OF FAULTY, CONSTRUCT:ION, AGE,' 'LACK OF PROPER .::" , 'REp.Aln, OR ,ANY OTHER CAUSE.,: "IT IS ESPECIALLY LIABLE TO ':~, ""'FIRE' ~ND CONSTITUTES A FIRE JiAZARD; OR ' .' ,', . I . . f ". ... .... . ..: I ... ~." . ." ..' '., ~ D'" (2) BECA~~E OF FAULTY CONSTRUCTION OR ANY OTHER CAUpE, IT IS ::.. ,LIABI:.E TO' CAUSE !NJURY OR DANAGE BY COLLAPSING ,OR' BY COL- ;:',' , ':.: ' ,LAPSE OR FALL OF :ANY, PART OF SAID STRUCTURE,;' OR . . "I '; . ' . . , '.' ,.' . ; j : : - '. ." . . .... . "i~:: :Gj"" ;_.(3) , BEC~SE ',oF, ITS' .GO~DITI6~ O~ BECAUSE OF, LACK OF ,SB':URED " , :',; .... ','" ',DOORS OR ~'lINDOl'l$ ," IT IS, AVAILABLE TO AND FREQUENTED BY '::,: .,1,".3' :', MALEFACTORS OR DISORDERLY PERSONS NHO ARE NOT. LAWFUL'" , ,~ ':,~ ",X 'O~CUPANTS OF SlUD. ~TRUC"l'URE;' OR ' ' " ,< .' ,:. " .. ,,' .. ........' . . ., . . ::""GJ (4) ')iECAUSE OF 'ITS "CONDITIS>N,. 'IT IS DANGEROUS TO PUBLIC', " .. ,'" HEALTH AND MAY CAUSE OR AID, .IN 'THE SPREJ\D OF DISEASE :' ~ . .. OR,):NJURY"~.O' 'tnE ,HE~TH 'OF THE.OCCUPANTS .OF IT OR NEIGH- :...' ' BORIl~G /STRUCTURES. -: " ',.- . :; ." ; .. ":~. . ..:. : .':."..' . . . . . . .: .... . " . . .." . .... (SEE. INSPECTION "C:HECl\~I,~,'l;: ,: O~, REVERSE Sf:DE \'l1UCH IS A PART, OF Tl~IS . REPORT..)' ..' " , ; ':',:'~' " ,".. " ., .' " ~.,,:. . "0 . ...... ~ .. ...... .. . . : . .' . '. ": - :" . ~. . ., ". '. '''. . .::'FINDINGS AND 'co~~'~~s'I()l-iS.'OF:' ,THE :BOARD OF":I~SPECTIO~':' ',', "';". , " .,' , " . .. ,". .,. ... ........ . .. . 'It is the!opinion of this Inspection Board, a~ter using City: of " :.. . . . '. La,porte O~dina~ce #1532 (Standard ~ousing Code" 1985 Edition) as . ... . ~.,. ....~.. ........... .... . . :~......__.:..._.:..:.._~..; I...:.,..~. ",,' ....:...... ..::.~.:. i...... . -, its quide ::Ln making the', inspection ;...,tl)at", tlii's' building, is in fact ,". . . . .'. . ."~' . .' .: -. ... ..... ..,..- ... ......04.: .. -,. . ......., dangerous';~: ~ot repairable, ,and shou~'d be 'demolished. This building 1. r.. . does not provide the bas',ic'! minimum housing standar,ds deemed essential . , . ~. . for safe arid heal'thful' .li ving fo'i a residential occupancy and is a threa t to ~ p,ubl;i~"':6'afe'ty. ,:".'~~~;I..:t;tl; And,: :tl1e. :g!3ne+:,a,J",:,we,lfare of ,the citizens of the City of La Porte. ;;;:Jf::~' , . X{~~//~... ~'d ~~ (fA /', ~ . e . :.. . S-l CI.l .0-4 CI.l .v I\J .0'0 I\J 0.. CI.l REHj\RKS ::s CI.l o~ 0< ~ .v~ CI.l I\J 1.1\ PORTE ORDIW\NCE # '0 '0 'O.v I\J CI.l CI.l 111 (STl\NDI\RD HOUSING CODE, c:: CI.l CI.l c:: H Z ZH -' EDITION) l. Hcans of Eq re s s X 2. Room Sizcs X 3 . Privacy of Bath X 4 . Priv.1.cy of Bedrooms X - 5. Pree of Infestations X - ' . 6. Garb.1.qe Storage X ., Ceilinq Heights ..-- I . X . o- S. \vindo\o,/ Clearances X 9. \oJ1ndow Area - X IC. \oJ1ndO\oJ Openable - ......- . - Areas X 11. \'lindow Sash X 12. X -- Screens ::.3 . \'lindO\oJ F,rames X 'l4. Founda tion X .. lS. Piers X 16. Floor FramJ.ng X 17. Flooring x lB. Exterior Nalls X -19. Columns X 20. Exterior Steps X 21. Exterior Stairs N/A 22. Roofing O.K. 23. Roofing Flashing ,O.K. 24. Roof Rafters O.K. ,25. Sheathing X 26. Ex terJ.or Doors X 27. InterJ.or Doors X 28.". Partitions X - ; . . 29. Interior Stairs N/A :30. CeJ:iing Joists O.K. -31. Hard\'lare ." X 32. Mechanical Ve,ntila- ' - tion X ......, 33. Electric Light,s X 34. Electric Switches X . 35. Electric Outlets X 36. Electric Panel X 37. HeatJ.ng Equipment x 38. Sink X 39. I.lava tory x 40. \'later Closet x 41. Dath Tub ~. . . X 42. Plumbing Dra.1..nLlqe X 43. Hot Nat:er X 44. Cold\'Ja tcr : X 45. \'J.1. tcr Heatcr - .. X 46. Grass X 47. 'l'r.1. s h .... -.- X 48. ApplJ.ances X '49. Furn.1... tnre N/A 50. l\utomobiJ.c5 N/A 5J.. Second.:lry Structure AJ/~ ClIECK LIST /,. CODE VIOLi\'fION ....