HomeMy WebLinkAboutO-1992-1819
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ORDINANCE NO.
/J'/9
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT SEE ATTACHED MEETS
AND ROUNDS DESCRIPTION, BLOCK ENOCH BRINSON SURVEY:
ABSTRACT 5 ..- , HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE;
ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Howard J. and
Lillie F. Johnson. 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 corne to the attention of the
Board of Inspection that the building located on Lot
See attached meets and bounds description; which is further
described at 11918 Avenue "L"
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Ordinance No.
Ii/&)
, 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, Howard J. and
T.; 11 ; P F _ Johnson , whose address is .p. o. Box #668 -
T~ Pnr~p, Tx 77572-0668 , 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 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
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Ordinance No.
/311
, 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.
The City Council hereby finds, determines and
declares that Howard .J. & Lillie F. Johnson
_, who resides at
P. O. Box #668. - La Porte, Tx 77572-0668
,
is the record owner of the property on which this building is
situated, and that as such record owner, the said
HowardJ. & Lillie F. Johnson has been duly and legally notified
of these proceedings.
Section 5.
The City Council hereby orders the said
Howard J. & Lillie F.
Johnson
building, and further
to entirely remove or tear down such
Howard J. and
orders the said Lillie F. Johnson 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.
/J'/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
Howard J. and
Lillie F. Johnson
, by registered mail, return receipt
requested.
Section 8.
Should the said Howard .J. & Lillie F. Johnson
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
Howard J. and Lillie F. Johnson
,
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
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Ordinance No.
'iff
, 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.
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PASSED AND APPROVED this the 9th~ day of
March
,
1992
CITY OF LA PORTE
By~~~~A(
Mayor
ATTEST:
~&d-
City Secretary
AP~t:/4
City Attorney ,
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TH! RESEARCH STAFF
------------~---------------------------------------~-------~----
LAST DEED SEAnCH .
CERTIFICATION DATE: DECEMBER 12, 1991 @ 5:00 PM
File No.: 911616 through 911632
EXHIBIT A
{continued}
......~ _.. . ...... . . ... ... ~ i
911625 -.ii9is.AvenueXL.
TAXP'A.YER: ...Howard.~~john.son
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Pursuant to. your request we have searched the records of the
County Clerk of HARRIS County, Texas, as to the following
described property -
....\1'-. .1......... . ,"
.:.~~.TRACT ONE' - A tract 100 x 100 feet out of a 41.13 acres in the
.:: ENOCH BRINSON SURVEY, ABSTRACT 5, and' described by metes and
:.bounds on film image 103-38-2226 & 2227 in the Records of Harris
. :"County, Texas. {this tract fronts 1001 on "L" Street, 3061 from
.. the intersection of 26th @ "L" Streets, and is 1001 deep}
:'u:.
,.' TRACT TWO - A tract 100 x 100 feet out of the 41.13 acres in th~
ENOCH BRINSON SURVEY, ABSTRACT 5, described by metes and bounds
on film image 103-38-2230 & 2231 in the Records of Harris County,
Texas. {this tract is contiguous to and immediate south of Tract
one; \ note: there is a 5 I II no man I s land II between the two
. (" tracts).
'lo-;:.
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and that the records reflect that the last conveyenace of title
on the above property is in the name of HOWARD JOSEPH JOHNSON and.
wife, LILLIE FAY JOHNSON by
[TRAC~ ONE] WARRANTY DEED
Grantor(s) Lawrence B. McWhorter and wife, Claudia
McWhorter
Executed on : 02/04/63 Filed on 04/04/69
County Cl~rkls File No.: C890574 [Film Code # 103-38-2226]
[Volume 7566, Page 156, Deed Records]
[TRACT TWO] WARRANTY DEED
Grantor(s) Lawrence B. McWhorter and wife, Claudia
MCWhorter
Executed on : 04/21/64 Filed on : 04/04/69
County Clerkls File No.: C890575 [Film Code # 103-38-2230]
[Volume 7566, Page 160, Deed Records]
{continued}
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CITY OF LA PORTE
DANGEROUS BUILDING INSPECTION FORM
()ATE 01-14....92
STREET ADDRESS
11918 Avenue "L"
OWNER Howard J. & Lillie F. Johnson
AGENT
N/A
MAILING ADDRESS
P 0 #668 - La Porte, Tx 77572-0668
BLOCK
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*. L0T ( S )
SURVEY/SUBDIV.
OCCUPANCY TYPE
R
ZONING
B.I.
FACILITIES AVAILABLE: WATER
x
SANITARY SEWER
x
ELECTRICAL POWER
x
GAS
NO. OF DWELLING UNITS
1
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 .~Y
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
( X] 4) BECAUSE OF ITS CONDITION, IT IS D~NGEROUS 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. .
HQn: SEE BUILDING EVALUATION CHECKLIST ON RE:VERSE SIDE FOR
THE REMAINDER OF THIS REPORT
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
XI 1S TH~ O~lNION OF TalS lNSPECTION BOA~, 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 MINIMInl 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.
UILDING OFFICIAL'S
OFFICE
* SEE ATTACHED
~/R,iU~ -O::/".i
. IRE MARSHAL'S /FIRE CHIEF'S
OFFICE OFFICE
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BUILDING EVALUATION CHECKLIST
A = Adequate D= Defic;:ient N/A = Not Applicable
1. STRUCTURAL COMMENT/EXPLANATION
A.. Foundation
1. Slab N/A
2 . Pier & Beam
a. Footings D Settling
b. SIlls D Rot
c. Joists D . Rot
B. Walls
1. Exterior D Holes. Asbestos Siding
2 . Interior D Holes. \-later Damaste
C. Means of. Egress
:J.. DoorS
a. Interior p Missinst
b. Exter for D · Missinst
2. Porchs, Steps,
Stairs D Cracked Porch Slab
J. Windows D Missinst Giass & Frames
D. Roof
1. Rafters A
2 . Deck, Shingles D Holes. Missinst Sheets of Roofing
E. Ceilings
1. Joists D Rot
2. Ceiling D Holes, Water Damaf-te
F. Floors D 'Water Damaf-te
G. Other N/A
1.1. MECHANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel . n.
2. Wiring D
J. Lights, Switches ~
4. Outlets D
5. Other N/A
B. Plumbing
1... Fixtures
a. Sink n
b. Lavatories D
c. Water Closets ]L
d. Tub/Shower D
e'. .Water Heater --1L
2. Water Piping D
J. Drain, Waste
& Veilt D
4. Sewer/Septic Tank ~
5. Gas System D
C. Heating & Air Conditioning
1. Heating D
2. Air Conditioning ~
Not Un To Code
Water Damaaed
Water DRmRged
Water nRmRged
Nnn-nppr~hlp
Non-Operable
Non-Onerable
Non-Operable
Missina
Non-Operable
Non-Onerable
Non-Ope-r;ablf!
Non-Operahle
Npt Im'ltalled
III. PROPERTY CONDITIONS
1. Accessory str.uctures ~
2. CondLtion of Grounds D
J. Other N/A
Stable, Deteriorated
Unmowed
COMMENTS: Transite Siding. Contains Asbestos
01-'92 Rev. a:dangbldg.frm/dangerous building