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Home My WebLink AboutO-1992-1815 e. . ORDINANCE NO. / i' / j- AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT SEE ATTACHED MEETS n.roT"l 'RmTron~ DESCRIPTION, BLOCK WILLIAM M. JONES SURVEY .. ., HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT AVIS ALINE SMITH 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 OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED 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 8-126 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the BUilding Inspector or is duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS,. Section 8-118(aa) 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 mem~ers 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 See attached Meets and Bounds descriptioni which is further described as 3256 Bernard. . e 7" Ordinance No. /2/S" , 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 ~f Inspection has heretofore made and filed its written report, dated January 14, 1992 , 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, Avis Aline Smith , whose address is 3321 Bernard La Porte, Tx 775.71-3827 , 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 ovner received said notice on delivered unreturned 03-03-92 , 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; 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 e e Ordinance No. IRIs-" , Page 3. WHEREAS, City Council entered its order on March 9, 1992 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. Basea 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 Avis Aline Smith _, who resides at 3321 Bernard, La Porte, Tx 77571-3827 , is the record owner of the property on which this building is situated, and that as such record owner, the said Avis Aline Smith has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Avis Aline Smith to entirely remove or tear down such building, and further orders the said Avis. Aline Smith 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. e e Ordinance No. ~~ , 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 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 Avis Aline Smith , by registered mail, return receipt requested. Section 8. Should the said Avis Aline Smith 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 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 Avis Aline Smith , 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 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 e e Ordinance No. - 1<1'/6 , 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 ap~roval. ,2.5~ t!.i/ PASSED AND APPROVED this the ~ day of March , 1992 CITY OF LA PORTE BY~b?7~ ,,*d~__ Mayor . ATTEST: ~~ City Secretary APPROVED: 6:d;d' City Attorney e e CITY OF LA PORTE DANGEROUS BUILDING INSPECTION FORM DATE 01-14-92 STREET ADDRS:SS 3256 Bernard OWNER Avis Aline Smith AGENT N/A MAILING ADDRESS 3321 Bernard - La Porte. Tx 77571-3827 BLOCK * . LOT(S) SURVIl:Y/SUBDIV. OCCUPANCY TYPE R ZONING R-I FACILITIES AVAILABLIl:: WATER x SANITARY SEWER x ELECTRICAL POWER ': X GAS x NO. OF DWELLING UNITS 1 VACANT x OCCUPIED AS REQUIRED IN CITY OF LA fORTE ORDINANCE 81145, SECTION 8-118, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE B~ILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: (AS OU'l'LINED IN CITY OF LA PORTE ORDINANCE 81145, SECTION 8-117). [x] 1) 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 DAMAGE BY COLLAPSING OR BY COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR [x) 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED '~Y MALEFACTORS OR DISO~DERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR [X) 4) 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 NEIGHBORING STRUCTURES. NQ1&: SE~ BUILDING EVALUATION CHECKLIST ON REVERSE SIDE .FOR THE REMAINDER OF THIS REPORT FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: IT IS THE OPINION OF THIS INSPECTION BOARD, AFTER USING CITY OF LA PORTE ORDINANCE NO. 1786 (STANDARD HOUSING CODE, 1991 EDITION) AS ITS GUIDE IN MAKING THE INSPECTION. THAT THIS BUILDING IS IN FACT DANGEROUS, NOT REPAIRABLE, AN]) SHOULD BE DEMOLISHED. 'fHIS 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 LA PORTE. ILDING OFFICIAL'S OFFICE . ~('l....~x4;4~ IRE MARSHAL'S ~FIRE CHIEF'S OFFICE OFFICE * SEE ATTACHED METES AND BOUNDS DESCRIPTION e e B~ILDING EV~LUATION CHECKLIST A = Adequate D= Deficient N/A = Not Applicable COMMENT/EXPLANATION r. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. Sills c. ~()ists N/A D D D Unlevel Rot Unstable Floor B. Walls 1. Exterior D 2. Interior D C. Means of Egress 1. Doors a. Interior D b. Exterior D 2. Porchs, Steps, Stairs A J. Windows D D. Roof 1. Rafters D 2. Deck, ShingleS D E. Ce ili ngs 1. Joists D 2. Ceiling D F. Floors D G. Other N/A Rot. Holes Holes, W~ter Damage Most Missing I Missing Brokp-n Gl~RR & Frames Rot Evident - FIat Roof Too Manv Lavers of Shingles Sasudn2 Ceilin2s Water Dama2ed .. Unstable II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel D 2. Wiring n J. Lights, Switches ~ 4. Outlets D 5. Other N/A B. Plumbing 1'; Fixtures a. Sink D b. Lavatories D c. Water Closets ~ d. Tub/Shower D e. Water Heater ~ 2. Water Piping D :. J. Drain, Waste & Vent D 4. Sewer/Septic Tank N.lA. 5. Gas System D c. HeatIng & Air Conditioning 1. Heating D 2. Air Condl tionlng ~ ' Deteriorated. No Deadfront Rvpo"...(l Wiring Weather D~m~gen Too Few: UngrounQed Inoperable Inoperable Inoper~ble Inoperable lUssinR Deteriorated HntIRP- Settlin2 Undetet;:mined Gas }.Ieter Pulled Not Installed III. PROPERTY CONDITIONS 1. Accessory Structures N/A 2. Col1dltio.n of Grounds ...1L J. Other N/A Grass. StandinR Water COMMENTS: Siding Contains Asbestos (Transi te Siding) 01-'92 Rev. a:dangbldg.frm/dangerous building . 1. :~... ,', e THE RESEARCH STAFF ----------------------------------------~------------------------ ---- LAST DEED SEARCH CERTIFICATION DATE: DECEMBER 12, 1991 @ 5:00 PM File No.: 911616 through 911632 EXHIBIT A {continued} FILE #911623 - ,3256 ,Bernard; TAXPAYER: AY'is 'Al'in~'.'smi't'h' Pursuant to your request we have searched the records of the County Clerk of HARRIS County, Texas, as to the following described property - A tract of land out of the William M. Jones Survey of LaPorte, Harris County, Texas, and being more particularly described by metes and bounds as follows: " ~BEGINNING at a point that is 490.82 feet east and 1080 feet south 00 02" East of the intersection of the south line of Spencer Highway 100 foot right of way and the Eas~ line of Canada Road 30 foot right of way, said point being in the west line of Bernard Street; THENCE South 00 02' East 50 feet along the West line of Bernard Street for a point for corner, said point being the Southeast corner of Lot 20 of an unrecorded subdivision of the Root Subdivision of 561.1 acres out of the William M. Jones Survey; THENCE West 225.66 feet along the South line of said Lot 20 to a point in the East Line; THENCE 140 30' East, 51. 64 feet along the East line of said drainage easement to a point for corner; ,: THENCE East 212.70 feet to the PLACE OF BEGINNING. and that the records reflect that the last conveyenace of, title on the above property is in the name of AVIS ALINE SMITH.! by WARRANTY DEED . Grantor(s) Glenn Franklin Johnston and wife, Clara May Johnston Executed on 08/08/75 County Clerk's File No.: E510997 Filed on : 08/12/75 [Film Code # 125-08-0134] {continued} 7