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HomeMy WebLinkAboutO-1992-1817 . . ORDINANCE NO. m7 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT 167, 168 , BLOCK 10: Spenwick Place, SECTION IL', HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Alvin J. & Marie Hebert; nGRN~. n1v~ n_ B~nder et aIlS 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 Ci~y 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 LotS 167, 168; B]o~k 10; Sp~nwick Place. S. II; which is further described as Qh10 Sp~ncer Highway . e .;: . ,.--- Ordinance No. /"'7 , 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 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, Alvin J. & Marie Hebert; AGENT: AlvaD. Bendere~ a~hose address is 3002 Strawberry, #lA; Pasadena, Tx 77502 , 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 returned undelivered on 03/02/92, 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. /~7 , 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. 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. determines and The City Council hereby finds, Alvin J. & Marie Hebert declares that AGENT: Alva D. Bender, et al 3002 Strawberry, #lA, Pasadena, Tx 77502 _, who resides at , is the record owner of .the property on which this building is situated, and that as such record owner, the said Alvin J. & Marie et al ~~bert. AGENT: Alva D. Bender has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Alvin J. & Marie Hebert; AGENT: Alva D. Bender '. to ~t a~ entirely remove or tear down such Alvin J. & Marie Hebert; building, and further orders the said AGENT: Alva D. Benderto et al 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. 1~7 , 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 Alvin J. & Marie Hebert; AGENT: Alva D. Bender et a~ by registered mail, return receipt requested. Section 8. Alvin J. & Marie Hebert; Should the said AGENT: Alva D! Bender; et a1 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 Alvin J. & Marie Hebert; et a1 A~F.NT: Alva D. Bender , 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. /3/1 , 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. .;"/3 (Z '" PASSED AND APPROVED this the ~G8 day of March , 1992 . CITY OF LA PORTE Byll~~~k~ . Mayor ATTEST: &~;-,i4L City Secretary AP~~dJ City Attorney e e CITY OF LA PORTE DANGEROUS BUILDING INSPECTION FORM DATE 01-14-92 STREET ADDRESS 9610 Spencer Highway OWNER Alvin J. & Marie Hebert AGENT Alva D. Bender. Et Al MAILING ADDRESS 3002 Strawberry. UIA - Pasadena. Tx 77502 BLOCK 10 . LOT(S) 167.168 SURVEY/SUBDIV. Spenw1ck Pla~e. S II OCCUPANCY TYPE Conunercial ZONING G.C. FACILITIES AVAILABLE: WATER --Z____ SANITARY SEWER x ELECTRICAL POWER x GAS x NO. OF DWELLING UNITS o VACANT x OCCUPIED AS REQUIRED IN CITY OF LA PORTE ORDINANCE 11145, SECTION 8-118, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE .1145, 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 ~BY MALEFACTORS OR DISORDERLY 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. ~: SEE 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. AND. SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT PROVIDE THE BASIC MINIMUM HOUSING STANDAROS 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. UILDING OFFICIAL'S OFFICE .u IRE MARSHAL'S OFFICE e .e BUILDING EVALUATION CHECKLIST A = Adequate D= Deficient N/A = Not Applicable COMMENT/EXPLANATION I. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. Sills . c. Joists N/A A D D Deteriorated Deteriorated B. Walls 1. Exterior D 2. Interior D C. Means of Egress 1. Doors a. Interior D b. Exterior D 2. Porchs, Steps, Stairs D 3. Windows' D o. Roof 1. Rafters D 2. Deck, Shingles D E. Ceilings 1. Joists D 2. Ceiling D F. Floors D G. Other N/A Deteriorated Fire & Wat~r n~m~gep MissinR or Inoperative 'MissinR or Inoperati_v~ Deteriorated Glass MissinR Deteriorated Metal Roof Comi~2 Off Deteriorated Fire & Water Dama2ed 'Deteriorated II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel D 2. Wiring D 3. Lights, Switches 1l- 4. Outlets D 5. Other N/A B. Plumbing 1... Fixtures a. Sink D b. Lavatories D c. Water Closets D d. Tub/Shower N/A- e. Water Heater.1l-- 2. Water Piping D 3. Drain, Waste & Vent D 4. Sewer/Septic Tank ~ 5. Gas System D C. Heating & Air Conditioning 1. Heating D 2. Air Conditioning ~ Fire Damaged Fire Damaged Fire & Water Damaged Fire & Water Damaged Missing Inoperable Inoperable Inoperable Missins;t Deteriorated Deteriorated Open Grease Trap No Meter' Furnace MissinR Condenser MissinR III. PRO~ERTY CONDITIONS 1. Accessory Structures N/A 2. Condition of Grounds ~ 3. Other N/A Unmowed COMMENTS: . . 'io' .. I. ..: .~ 1 . 01-'92 Rev. .a:dangbldg.frm/dangerous building ~~ i~~ ~ e City of La Porte Eswhlished 1892 CERTIFIED MAIL P 688 846 278 27 March 1992 Mrs. David Bender 1505 Windfox Friendswood, Texas 77546 Re: Condemned Building Located at 9610 Spencer Highway Dear Mrs. Bender: The La Porte City Council, at their March 23, 1992, meeting passed Ordinance No. 1817 condemning your building located at 9610 Spencer Highway. This ordinance requires demolition of this building within ten (10) days of the date of ordinance passage. It further specifies that should demolition not be completed within ten (10) days, the City will have the right to demolish the structure and bill the owner to recoup the demolition cost. Based on your request at the March 9th condemnation Council is prepared to provide an additional 90 days to to demolish the structure yourself. The conditions granted this additional time are as follows: hearing, allow you for being I. Any delinquent ad valorem taxes and weed liens must be paid in full. II. A "Consent to Demolish" form (copy enclosed) must b. submitted to the City's Inspection Division. The form must be signed by the owner of record (or authorized agent) and notarized. A photo copy of the deed should be attached to the form. III. It must be clearly understood that should demolition and cleanup not be completed by June 23, 1992, the City will complete any remaining work and invoice for the incurred cost. P.l1. H'l).; III; · La ('lInl', T<:x;l~ 7717~-1111 · (71ll 471'1l~2(~ . ,-..) e e "'" , 27 March 1992 Page Two Should you wish to take advantage of this additional 90-day period, you must, within ten (10) days of receipt of this letter, satisfy the conditions listed above. If you have any questions regarding this matte~, please do not hesitate to call me. I can be reached at 471-5020, ext. 254. Sincerely, ;I~2T/E _ Mark S. Lewis City Inspection MSL:bh Enclosure cc: Mayor Norman Malone Members of City Council j) -;. e " City of La Porte ESUlblished 1892 27 March 1992 CERTIFIED MAIL P 688 846 279 Mrs. Evelyn Rogers 701 South Avenue, Apartment Pasadena, Texas 77503 208 Re: Condemned Building Located at 9610 Spencer Highway Dear Mrs. Rogers: The La Porte City Council, at their March 23, 1992, meeting passed Ordinance No. 1817 condemning your building located at 9610 Spencer Highway. This ordinance requires demolition of this building within ten (10) days of the date of ordinance passage. It further specifies that should demolition not be completed within ten (10) days, the City will have the right to demolish the structure and bill the owner to recoup the demolition cost. Based on your request at the March 9th condemnation Council is prepared to provide an additional 90 days to to demolish the structure yourself. The conditions granted this additional time are as follows: hearing, allow you for being I. Any delinquent ad valorem taxes and weed liens must be paid in full. II. A "Consent to Demolish" form (copy enclosed) must be submitted to the City's Inspection Division. The form must be signed by the owner of record (or authorized agent) and notarized. A photo copy of the deed should be attached to the form. III. It must be clearly understood that should demolition and cleanup not be completed by June 23, 1992, the r.ity will complete any remaining work and invoice for the incurred cost. P.l\B,)xllli. Lal'lInl',TI..xa~77i72.llli. 17IlH71-il'2l' ..J. .~ t\ . It e ,. , 27 March 1992 Page Two Should you lJish to take advantage of this additional 90-day period, you must, within ten (10) days of receipt of this letter, satisfy the conditions listed above. If you have any questions regarding this matter, please do not hesitate to call me. I can be reached at 471-5020, ext. 254. Sincerely, ;lJ;2~E Mark S. Lewis City Inspection MSL:bh Enclosure cc: Mayor Norman Malone Members of City Council if i. e City of La Porte Eswhlished 1 B9 2 27 March 1992 CERTIFIED MAIL . P 688 846 270 Alvin J. and Marie Hebert %Alva D. Bender 3002 Strawberry, #lA Pasadena, Texas 77502 Re: Condemned Building Located at 9610 Spencer Highway Dear Mr. and Mrs. Hebert: The La Porte City Council, at their March 23, 1992, meeting passed Ordinance No. 1817 condemning your building located at 9610 Spencer Highway. This ordinance requires demolition of this building within ten (10) days of the date of ordinance passage. It further specifies that should demolition not be completed within ten (10) days, the City will have the right to demolish the structure and bill the owner to recoup the demolition cost. Based on your request at the March 9th condemnation hearing, Council is prepared to provide an additional 90 days to allow you to demolish the structure yourself. The conditions for being granted this additional time are as follows: I. Any delinquent ad valorem taxes and weed liens must be paid in full. II. A "Consent to Demolish" form (copy enclosed) must be submitted to the City's Inspection Division. The form must be signed by the owner of record (or authorized agent) and notarized. A photo copy of the deed should be attached to the form. III. It must be clearly understood that should demolition and cleanup not be completed by June 23, 1992, the City will complete any remaining work and invoice for the incurred cost. l'.nnllX III; · L:d'''n,:.-r,'x:I,,77;7~.III;. (71\)-171-;l12l1 '.$- r-~ '- e e ~ 27 March 1992 Page Two Should you wish to take advantage of this additional 90-day period, you must, within ten (10) days of receipt of this letter, satisfy the conditions listed above. If you have any questions regarding this matter, please do not hesitate .to call me. I can be reached at 471-5020, ext. 254. Sincerely, ;l::k;T,E _ Mark S. Lewis City Inspection MSL:bh Enclosure cc: Mayor Norman Malone Members of City Council p.n B..x 1115 · La 1\11"1\.', T,'xa~ 77'i72-1111 · (71 n 471.;l)2l) III. It must be clearly understood that should demolition and cleanup not be completed by June 23, 1992, the City will complete any remaining work and invoice for the incurred cost. II. A "Consent to Demolish" form (copy enclosed) must be submitted to the City's Inspection Division. The form must be signed by the owner of record (or authorized agent) and notarized. A photo copy of the deed should be attached to the form. I. Any delinquent ad valorem taxes and weed liens must be paid in full. hearing, allow you for being Based on your request at the March 9th condemnation Council is prepared to provide an additional 90 days to to demolish the structure yourself. The conditions granted this additional time are as follows: The La Porte City Council, at their March 23, 1992, meeting passed Ordinance No. 1817 condemning y.our building located at 9610 Spencer Highway. This ordinance requires demolition of this building within ten (10) days of the date of ordinance passage. It further specifies that should demolition not be completed within ten (10) days, the City will have the right to demolish the structure and bill the owner to recoup the demolition cost. Dear Mrs. Mencile: Re: Condemned Building Located at 9610 Spencer Highway Mrs. Mary Mencile 2017 Williamsburg Court North League City, Texas 77573 P 688 846 280 27 March 1992 CERTIFIED MAIL e City of La Porte Esrahlishl!d /892 'i" , . i~ I cc: Mayor Norman Malone Members of City Council Enclosure MSL:bh ;i::;;2~E Mark S. Lewis City Inspection Sincerely, If you have any questions regarding this matter, please do not hesitate to call me. I can be reached at 471-5020, ext. 254. Should you wish to take advantage of this additional 90-day period, you must, within ten (10) days of receipt of this letter, satisfy the conditions listed above. 27 March 1992 Page Two .;.. ., ,. e e '( " .