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Home My WebLink AboutO-1990-1690 e e / I, "fD ORDINANCE NO. l690 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT 5-r , Shady Oaks Subdivision , HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Je~ry & Connie Romero 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 8-115 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 ~mmediately 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 5-C of the Shady Oaks Subdivision Ordinance NO.ttl690 , 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 8-117 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 np~ l~, lqRq. 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, ,Tprry & ("onn; F' 'Qomero , whose address is ~?~ Mprlnowlrlwn, Torl Port-F' , 'l'x 77~71-7?nq 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- nF'liverable , 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.~ 1690 , 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 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 determines and declares such building to and orders such building condemned. Section 4. The City Council hereby finds, be a nuisance, hereby finds, determines and declares that Jerry & CORnie Romero ,_, who resides at 523 Meadowlawn. La Porte. Tx 77571-7209 . is the record owner of the property on which tnis building is situated, and that as such record owner, the said Jerrv & Connie Romero has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Jerry & Connie Romero to entirely remove or tear down such building, and further orders the said Jerry & Connie Romero 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.tt l690 , 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 p~operty, the said Jerry & Connie Romero , by registered mail, return receipt requested. Section 8. Should the said Jerry & Connie Romero not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (lO) 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 Jerry & Connie Romero , 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.~ l690 No. 5 . 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 IO. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the l2th day of March, 1990 CITY OF LA PORTE By/f~4~~~- Mayor ATTEST: (J~~ City Secretary APPROVED: e . CITY OF L1\ PORTE DANGEROUS BUILDING INSPECTION FORH D1\TE December l3, 1989 STREET ADDRESS 610 South Shady Lane ONNER Jerry & Conni,e Romero 006755 ADDRESS 523 Meadowlawn, La Porte, Tx II'::> 11-, 7209 OCCUPANT None AGENT SURVEY OR SUBDIVISION ZONING Shady Oaks BLOCK _, N/A 5-C LOT R-L TYPE OCCUPANCY Residential x x SANITl\RY SENER FACILITIES AVAILABLE: WATER x x ELECTRICAL POlVER GAS I x OCCUPIED VACANT NUMBER OF DWELLING UNITS AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTi,)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 FOLLO~VING REASONS: (AS OUTLINED IN CITY OF LA PORTE ORDINfu~CE #1145, SECTION 8-l17) . G (1) G (2) . ,.I~I(3) ..' Q (4) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER 'REPAIR OR ANY OTHER CAUSE, ~T IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE liAZARD; 'OR BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIAB~E ,TO CAUSE INJURY OR DN4AGE BY COLLAPSING OR BY COL- LAPSE OR FALL OF ANX PART OF SAID STRUCTURE; OR BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF.SE~URED DOORS OR tVINDOt'lS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS ~vHO 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- BORI~G STRUCTURES. (SEE INSPECTION CHECKLIST. ON REVERSE SIDE \vHICH IS A PART OF THIS REPORT.) , . FINDINGS AND CONCLUS'IONS OF ,THE BOARD OF INSPECTION: ..4 . , . It is the .opiniori'-of' this 'Inspection Board, after using ci::i:y' of La Porte Ordinance :fI:l53i (Standard Housing Code, 'l985 Edit~on) as .- i~s guide {n'm~kin~~the ~nspection,' 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. .. ;;z2?~. ~~4~" ~d,~f" . /:: -' e e CHECK LIST .:' ~ QJ .roi QJ " +J .1tS ..0"0 ru 0.. QJ REHi'\RKS ::s QJ Q..-l 0" 0:: +J..-l QJ Itl LA PORTE ORDINANCE 3 '0 '0 'O+J ItS QJ QJ III (STANDi\RD HOUSING CODE, I:: QJ QJ I:: H Z ZH " EDITION) · 1 . Heans of Eq res s x 2. Room Sizes o. k. 3. Privacy of Bath x 4 . Privacy of Bedrooms x - 5. Free of Infestations x - . . 6 . Garbage Storage x ..-- ., Ceiling Heights x , . . -- 8 . Ninclo\V Clearances x 9. \oJindow Area - x IC. \~indO\... Open~ble - ......- x Areas ll. \oJindow Sash x 12. -- Screens x ::.3 . \vindO\v P,rames x 14. Foundation ., x 15. Piers x 16. Floor Framing x 17. Flooring x IS. Exterior \Valls x -l9. Columns x 20. E:<terior Steps x 21. Exterior Stairs N/A 22. Roofing y 23. Roofing Flashing x 24. Roof Rafters x 25. Sheathing x 26. Exterior Doors x 27. Inter~or Doors x 28."? Partitions x 29. Interior S lairs N/A ~O . Ce.fiing Joists x 3l. Hard...lare x ~ 32. Mechanical Ventila- tion. ... 33. Electric Light.s x 34. Electric Switches x . 35. Electric Outlets x 36. Electric Panel x 37. Heating Equipment x 38. Sink x 39. I.lava tory x 40. \Vater Closet x 41. Dath Tub x 42. Plumbing Drainilqe x 43. Hot \'la ter x 44.' Cold \'la tcf' x 45. Heater x .- .. \'la te r 46. Grass x 47. 'l'ra sh x 48. Appl~anccs )( 49. Furniture .l\ 50. Automobile!; NIA 51. Second.1ry Structur.e ~/P. CODE VIOLl'\TION