HomeMy WebLinkAboutO-1991-1771
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ORDINANCE NO. 1771
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 19-20
, BLOCK 73
BAYFRONT APDITI0~,HARRIS COVNTY, TEXAS, TO BE IN FACT A NUISANCE;
ORDERING SUCH BUILDI.NG CONDEMNED; FINDING THAT
DeRoy and Annett: Dahse" 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 OF SAID
PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN
.THE MANNER PROVIDED HEREIN;' PROVIDING AN EFFECTIVE~ATE HEREOF;
,AND FINDING COMPLIANCE WITH THE OPgN MEETINGS LAW.
WHEREAS, the ~ity Council of the City of La Porte, passed
and approved, Sections 8-l1S 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 is duly
authorized representative, the Fire Chief or his duly authorized
'representative, and the Fire Marshal or his duly authorized
representative; and
WHEREAS, Section 8-l18(aa) of said Sections provide that:
Whenever it shall come to the attention of the Board
of inspection or any member thereof, by reason' ot , 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 Board; and ~
WHEREAS, it has heretofore come to the attention of the
Board of Inspection that the building located on Lots 19-20
:Rlk 71. To;:! Porrp! 'i2370.S Holrnps
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Ordinance No.
1771'
, Page 2
Harris Cou~ty, 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 05-28-91 , 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,
DeRoy and Annette Dahse, whose address is P. O. Box 137;
Lar~orte, Tx 77571-0137 , 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 reqistered mail, return receipt
requested, which return receipt indicates that said owner
received said notice on
unclaimed
, aa 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;
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WHEREAS, City
fifteen (15) days
Council, after due deliberation, and within
after '-the termination of the hearing, is
required to make its decision in writing and enter its order; and
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Ordinance ,No.
1771
, Page 3.
WHEREAS, City Council entered its order on June 24, 1991
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.
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 DeRoy and Annett D'~fise
, who resides at
P. O. Box 137; La Porte, Tx 77571-0137
,
is the record owner of the property on which this building is
situated, and that as such record owner, the said
DeRoy and Annett hahse
has been duly and legally notified
of these proceedings.
Section 5.
The City Council hereby orders the said
DeRoy and Annett Dihse .. to entirely remove or tear down such
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building, and further orders the said DeRov & Annett Dahse to
commence such removal within ten (10) days from the effective
date of this Ordinance, and to complete such removal of
demolition of such building within a reasonable time.
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Ordinance No.
1771
, Page 4.
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 9f the building,
which notice or notices shall not be removed or defaced by any
person, under penalty of law.
Section 7.
The City Counc~l hereby orders the City,
Secretary to forward a certi~ied copy of this Ordinance, to the
record owner of said property, the said
DeRoy and Annett bahse
, by registered mail, return receipt
requested.
Section 8.
Should the said DeRoy and Annett
not comply with the orders contained in this Ordinance relating
to the removal or demolition of such building within ten (10)
days after hereof, then the Board of Inspection of the City of La
Porte shall €nter upon the said premises with such assistance as
it may deem necessary, and cause the said building to be removed
or dem.olished without delay, and the expenses of such procedure
shall be charged against the said
DeRoy & AnnettDa~s~
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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
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demolition, which cost shall be hereafter assessed against the
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land occupied by such building, and made lien thereon.
Section 9.
The
City
Council
officially
finds,
determines, and recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of
the City Council was posted at a place convenient to the public
at the City Hall of the City for the time required by law
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Ordinance No.
1771
, Page 5.
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 22nd
day of
July
,
1991
CITY OF LA PORTE
By
Jf~t7~~~
a or -
ATTEST:
~ML.
City Secretary
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