Loading...
HomeMy WebLinkAboutO-1992-1821 . . ORDINANCE NO. /?~/ AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT , BLOCK 66: La Porte TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE I KACT ~ N~SANCEi ORDERING SUCH BUILDING CONDEMNED; FINDING THAT 0 n eO ~~R~s AGENT: Johnnv Joe Evans 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. 4 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 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 4; Block 66: La Porte which is further described as 224 North 6th Street , . Ordinance No. / ,,~I , 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 Johnny Joe Evans & notice to the record owner of said property, Prentice C. Evans AGENT: Johnny Joe Evan~ whose address is 212 North 8th Street - La Porte, Tx 77571 , 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 February 26, 1992 , 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 . . Ordinance No. I!d-,/ , 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 Johnny Joe Evans and declares that Prentice C. Evans _, who resides at 212 North 8th Street - La Porte, Tx 77571 , is the record owner of the property on which this building is situated, and that as such record owner, the said Johnny Joe Evans and Prentice C. Evans has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Johnny Joe Evans and Pr,:.nt-ir-.p ~_ .F.vans building, and further to entirely remove or tear down such Johnny Joe Evans and orders the said Prentice C. Evans 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. . . . . /J>~/ , Page 4. Ordinance No. 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 Johnny Joe Evans & record owner of sa id property, the sa id Prentice 'C. Evans AGENT: Johnny Joe Evans ,by registered mail, return receipt requested. Section 8. Johnny Joe Evans & Prentice C. Evans Should the said AGENT: Johnny yoe Evans 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 Johnny Joe Evans & shall be charged against the said Prentice C. Evans AGENT: Johnnv Joe Evans, 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 . . Ordinance No. /f~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 , CITY OF LA PORTE by Jf~ ~~ , Mayor .............. ATTEST: (I~~ City Secretary APPROVED: City Attorney . e. CITY OF LA PORTE DANG~ROUS BUILDING INSPECTION FORM DATE 01-14-92 STREET ADDRESS 224 North 6th Street . . Evans OWNER Johnny Joe Evans & Prentice C. AGENT Johnny Joe Evans MAILING ADDRESS 212 North 8th Street - La Porte, Tx 77571 BLOCK 66 LOT(S) 4 SURVEY/SUBDIV. La Porte OCCUPANCY TYPE R ZONING R-1 FACILITIES AVAILABLE: WATER x SANITARY SEWER x ELECTRICAL.POWER x GAS x NO. OF DWELLING UNITS 1 VACANT x OCCUPIED AS REQUIRED IN CITY OF LA PORTE ORDINANCE 81145, 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 11145, SECTION 8-117). ex] 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 ex) 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 REVgRSE SIDE FOR THE REMAINDER OF THIS REPORT FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: IT IS. THE OPlNI0N 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 DmfOLISHED. THIS BU1LDING 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 t<1ELFARE OF THE CITIZENS OF LA PORTE. $L BUILDING OFFICIAL'S .OFFICE FIRE MARSHAL'S OFFICE . . BUILDING EVALUATION CHEqKLIST A = Adequate p= Deficient N/A = Not Applicable I. STRUCTURAL COMMENT/EXPLANATION A. Foundation 1. Slab N/A 2. Pier &. Beam a. Footings D Deteriorated b. Sills D Deteriorated c. Joists D Deteriorated B. Walls 1. Exterior D Deteriorated 2. Interior D Deteriorated C. Means of . . Egress 1. Doors a. Interior D Missin~ b. Exterior D t Inope.rative 2 . porchs, steps, Stairs D MissinR 3. Win~ows D Deteriorated D. Roof 1. Rafters D Deteriorated 2 . Deck, Shingles D Deteriorated E. Ceilings 1. Joists D Deteriorated 2. Ceiling D Deteriorated F. Floors D Deteriorated G. Other N/A II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel D 2. Wiring D 3. Lights, Switches 1L- 4. Outlets . D 5. Other N/A B. Plumbing 1." Fixtures a. Sink D b. Lavatories. D c. Water Closets ~ d. Tub/Shower D e. Water Heater ~ 2. Water Piping D 3. Drain, Waste & Vent D 4. Sewer/Septic Tank lilA 5. Gas Syste~ D C. Heating & Air Conditioning 1. Heating D 2. Air Conditioning ~ Deteriorated. Not To Code Deteriorated Deteriorated InadeQuate. Deteriorated MissiIi2. ~lissing Missim! MisBin~ Missin~ Deteriorated Deteriorated Undeterminal Deteriorated No PermAnent HeAt III. PROPERTY CONDITIONS 1. :AcceS$ory Structures ~ 2. Condltlon of Grounds ~ 3. Other. Unmaintained COMMENTS: Trash & Debris in House 01-'92 Rev. a:dangbldg.frm/dangerous building