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HomeMy WebLinkAboutO-1992-1822 . e ORDINANCE NO. /5'~OL AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 27, 28 , BLOCK 1373 TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT J. R. Mc Gee . 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 THB 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(0) 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 27, 28 'RlnC"'K 1173; La Porte which is further described as 2512 Westview . . fr~ Ordinance No. It? .:J..~ , 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, J. R. Mc Gee , whose address is 114 Howard Court - La Porte, Tx 77571-6620 , 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 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 e e Ordinance No. /,f~~ , 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 J. R. Mc Gee , who resides at 114 Howald Court - La Porte, Tx 77571-6620 , is the record owner of the property on which this building is situated, and that as such record owner, the said J. R. Mc Gee has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said .T R_ Me Gee to entirely remove or tear down such building, a'nd further orders the said J. R. Mc Gee 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 Ordinance No. I J' ,g,~ , 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 J. R. Mc Gee , by registered mail, return receipt requested. Section 8. Should the said J. R. Mc Gee 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 J. R. Mc Gee , 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 Ordinance No. /r:L~ , 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. .::1.6 f'/..~ PASSED AND APPROVED this the ~~day of March , 1992 CITY OF LA PORTE By )/dmA&~ , Mayor --- ATTEST: ~~~ City Secretary APPROVED: . e CITY OF LA PORTE DANGEROUS BUILDING INSPECTION FORM DATE 01-14-92 STREET ADDRESS 2512 Westview OWNER J. R. Me Gee AGENT N/A MAILING ADDRESS 114 Howald Court - }.a Por lle. Tx 771571-6620 BLOCK 1313 ~OT(S) 21.28 SURVEY/SUBDIV. La Porte OCCUPANCY TYPE R ZONING R-l FACILITIES AVAILAaLE: WATER x SANITARY SEWER y ELECTRICAL POWER x GAS x 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 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 FREaUEN~ED.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. N.Q..TE.: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE. FOR THE REMAINDER OF THIS REPORT FINOINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: , IT IS THE OPINION OF THIS INSPECTION BOARD, AFTER USING CITY OF LA PORTE ORDINANCE NO. 1186 (STANDARD HOUSING CODE, 1991 EDITION) AS ITS GUIDE IN MAKING THE INSPECTION, .THAT THIS BUILDING IS IN FACT DANGEROUS. BU~ STILL REPAIRABLE. ALL REPAIRS OR ALTERATIONS REQUIRED TO BE DONE SHALL BE DONE IN ACCORDANCE t~ITH ALL CITY OF LA PORTE CODES AND ORDINANCES APPLICABLE. IF THE REPAIRS OR ALTERATIONS ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT.IN CITY OF LA PORTE ORDINANCE NO. 1145. IT IS THEN THE UNANIMOUS OPINION OF THIS INSPECTION BOARD THAT THIS BUILDING BE DEMOLISHED. .~ ~1~~ 4~.._-<_ IRE MA SHAL' S A't"RE CHIEF I S OFFICE I / OFFICE UILDING OFFICIAL'S OFFICE . . BUILDING EVALUATION CHECKLIST A = Adequate 0= Deficient N/A = Not Applicable 1. STRUCTURAL COMMENT/EXPLANATION A. Foundation 1. Slab NIA 2 . Pier & Beam a. Footings A b. Sills A c. Joists A B. Walls 1. Exterior D Deteriorated 2 . Interior '. D Deteriorated, Vandalized c. Means of Egress 1. Doors a. Interior D Inoperable b. Exterior D Inoperable or Missing 2. Porchs, Steps, Stairs D Deteriorated 3. Windows D Deteriorated D. Roof 1. Rafters A 2 . peck, Shingles D Leaks E. Ceilings 1. Joists A 2 . Ceiling D Water Dama~e F. Floors D Deteriorated G. Other . . D House Full of Trash & Debris II. I I I . MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel 2. wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a. Sink D b. Lavatories D c. Water Closets D d. Tub/Shower D e. Water Heater ~ 2. Water Piping D 3. Drain, Waste & Vent D 4. Sewer/Septic Tank JL 5. Gas System D C. Heating & Air Conditioning 1. Heating --R-_ 2. Air Conditioning NIA Deteriorated. Not Up to Code Not UP to Code Not UP to Code Not UP to Code D D Il.:- D N1A Not Functional Not Functional Not Functional Not Functional No t Func dona1 Deteriorated Deteriorated Deteriora.ted Meter Remeved by Entex No Permanent Heat PROPE~TY CONDITIONS 1. Accessory.structures 2. Condition of Grounds 3. other Metal Shed. Deteriorated Tall Weeds. Unmaintained .JL .JL N/A COMMENTS: .. House \1alldalized (Sprav Paint on Walls. Broken Glass. Etc.) a:dangbldg.frm/dangerous building 01-'92 Rev.