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HomeMy WebLinkAboutO-1990-1692 . e /b1t.. ORDINANCE NO. l692 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT 28-32 , BLOCK 31 . TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCEL ORDERING SUCH BUILDING CONDEMNED; FINDING THAT A. J. & ~etty Rouse. 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 8-118(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 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 building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion' is stated by the Boa~d; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lot 28-32~ Block 31; Town of La Porte . e Ordinance No. 1692 , 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, A. J. and Betty Rouse , whose address is 707 South Kansas, La Porte, Tx 7757l . 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 27, 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. WHEREAS, City within fifteen (15) 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.~ 1692 , Page 3 e WHEREAS, City Council entered its order on March 12, 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 A. J. & Betty Rouse who resides at 707 South Kansas, La Porte, Tx 7757l record owner of the property on which this building is situated, and that as such record owner, the said A. J. & Betty Rouse has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said A. J. & Betty Rouse to entirely remove or tear down such building, and further orders the said A. J. & Betty Rouse 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, Ordinance NO.~l692 , 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 A. J. & Betty Rouse , by registered mail, return receipt requested. Section 8. Should the said A. J. & Betty Rouse 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, the Board of Inspection of the City of La Porte then 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 A. J. & Betty Rouse , record owner of said property, and shall thereupon become a valid and enforceable personal obligation of s~id 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.~1692 No. 5 . 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 lO. This Ordinance shall take effect and be in force from and after its passage and approval. CITY OF LA PORTE BY~~~/~/ Mayor ATTEST: ~~ City Secretary APPROVED: ~ c~~ . '.- . . CITY OF LA PORTE DANGEROUS DUILDING INSPECTION FOJU.1 DATE December 13, 1989 STREET ADDRESS 200 South Fifth Ot'lNER A. J. & Bettv Rouse 000233 ADDRESS 707 South Kansas, La Porte, Tx. 77571 OCCUPANT None AGENT SURVEY OR SUBDIVISION La Porte ZONING BLOCK 3l LOT 28-32 R-l TYPE OCCUPANCY Residential x SANITARY SEt'7E:R x FACILITIES AVAILABLE: WATER GAS x ELECTRICAL pm'lER x 1 OCCUPIED VACANT x NUMBER OF DWELLING UNITS AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECT i':)N 8-lIB, THE BOARD OF INSPECTION HADE AN INSPECTION OF THE AFOREMENTIONED PROp. ERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEI~ OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLmUNG REASONS: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE #ll45, SECTION 8-ll7) . G rJ LJ ..Gl "Q - . x (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 n) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF.SrCURED .... DOORS OR l-JINDm'lS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT. LAWFUL OCCUPANTS OF SAID STRUC~URE; OR ." (4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND ~~Y CAUSE OR AID 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 ~'lHICH IS A PART OF THIS REPORT. ) .. ".. .. . . FINDINGS AND CONCLUSIONS OF ,THE BOARD OF INSPECTION: It ~is the"'o"pini~n ~f this Inspection Board, after using Ci"ty' of L~-Porte 6~dina~ce -#1532 '~Standard HOusi~g Code; 1985 Editi~~) a~ , ' , its quide-in: 'making"the' inspe'ctio'n~' that--this building, 'fs"'in' fact 'danqerou's;" "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. ~TO'J: , ~{~ , I '~I?#~' ~p~~ / . . .:,. ~ QJ ,04 QJ " -1-1 II:l ..c'o II:l 0. QJ REHi\RKS ::l QJ Or-l IT Po:: -I-Ir-l . QJ II:l L1\ PORTI:: ORDINl\NCE n '0 '0 '0-1-1 II:l QJ QJ en (STl\ND/\RD HOUSING CODE, ~ QJ QJ ~ H Z ZH .. EDITION) 1. Neilns of Eq res s x 2. Room Sizes x 3 . Privacy of Bath x 4 . Privacy of Bedrooms x of Infestations - 5. Free x - .0 6. Garbage Storilge x ~ -, Ceilinq Heights * *Ceillng Ht. o.k. lst floori2fi3 I . 8 . \v i ndQ\v Cleilrances x 9. \"indo\v Area - x IC. \Vindo\v Openable - ...-- Areas v II. \" indo\v Sash 'V 12. Screens -- v }3. \Vindo\oJ F,rames v 14. Foundation o. x 15. Piers x l6. Floor Framlng y 17. Flooring x 16. Exterior \"alls x "l9. Columns x 20. Exterior Steps x 21. Exterior Stairs N/A 22. Roofing x 23. Roofing Flashing x 24. Roof Rafters x 25. Sheathing x 26. Exterior Doors x 27. Interior Doors x 28.',. Partitions x 29. Interior Stairs x 30. CeJ:iing Joist.s x 31. Hard\'lare x '1\ 32. Mechanical Ventila- tion x .. 33. Electric Lights x 34. Electric Switches x 35. Electric Outlets x 36. Electrlc Panel x 37. Heating Equipment x 38. Sink x 39. I.laVil tory x 40. \\later Closet x 41. Dath Tub x 42. Plumbing Dra~nL1qe x 43. Hot \"later x 44. ' Cold \'la ter x . , 45. \'lil tar Ileilter -,. x 46. GrilSS N/A . ,. '47. 'l'rash N/A 40. Appllanccs N/A 49. Furniture N/A 50. Automobil.es N/A 5J.. Second.J.ry S truc tu r.e N/A CHECK LIST deQ.s. .1.__ CODE VIOLi\TION ..