HomeMy WebLinkAboutO-1992-1825
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ORDINANCE NO.
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AN ORDINANCE DECLARING THE BUILDING LOCATED ON ~OT 16-19
, BLOCK 305; LA PORTE
TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE;
ORDERING SUCH BUILDING CONDEMNED; FINDING THAT R. B. TAYLOR
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 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 bui~ding located on Lots 16-19
Block 305; La Porte which is further described as 1039 San Jacinto
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Ordinance No.
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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, oR. B. Taylor
whose address is P. O. Box 687 -
,
Seabrook. Tx 77586
,
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
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Ordinance No.
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, 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 R. B. Taylor _, who resides at
P. O. Box 687 - Seabrook, Tx 77586 ,
is the record owner of the property on which this building is
situated, and that as such record owner, the said R. B. Taylor
has been duly and legally notified
of these proceedings.
Section 5. The City Council hereby orders the said
R. B. Taylor to entirely remove or tear down such
building, and further orders the said R. B. Taylor 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.
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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 ~_~. Taylor
, by registered mail, return receipt
requested.
Sect i on 8. Should the sa id oR. B. Taylor___
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 R. B. Taylor
, 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.
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preceding this meeting, as required by the Open Meetings Law,
Article 6252-17, Te~as 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~4<&~
. Mayo
ATTEST:
~~
City Secretary
APPROVED:
~~
City Attorney
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CITY OF LA PORTE
DANGEROUS BUILDING INSPECTION FORM
DATE
01-14-92.
STREET ADDRESS
1039 San Jacinto
OWNER
R. B. Taylor .
AGENT
NIA
MAILING ADDRESS P 0 0687 - Seabrook. Tx 77586
BLOCK 305 LOT(S) 16-19 SURVEY/SUBDIV. La Porte
OCCUPANCY TYPE Business ZONING R-3
FACILITIES AVAILABLE: WATER x SANITARY SEWER x
ELECTRICAL POWER x GAS x
NO. OF DWELLING UNITS 0 VACANT x OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE 11145, SECTION 8-118,
THE BOARD OF INSPECTION MADE A~ 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 Hl145,
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
[ x] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT
IS LIABLE rO CAUSE INJURY OR DAMAGE BY COLLAPSING OR
BY COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
[ x] 3) BECAUSE OF IT~ CONDIrION OR BECAUSE OF LACK OF SECURED
OOORS OR WINDOWS, IT IS AV~ILABLE 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 AIb IN THE SPREAD OF DISEASE
OR INJURY rO THE HEALTH OF THE aCCUPANTS 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 BUILDING 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 MEET THE liINIMUM STANDARDS DEEMED ESSENTIAL FOR SAFE OCCUPANCY
AND USE BY THE PUBLIC FOR A COMMERCIAL STRUCTURE AND IS THEREFORE A
THREAT TO THE PUBLIC SAFETY, HEALTH AND GENERAL WELFARE OF THE CITIZENS
OF LA PORTE.
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UILDING OFFICIAL'S
OFFICE.
~IC;I~~_~
IRE MARSHAL'S IRE CHIEF'S
OFFICE OFFICE
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BUILDING EVALUATION CHECKLIST
A ::: Adequate D::: DeficIent N/A = Not Applicable
I. STRUCTURAL COMMENT/EXPLANATION
A. Foundation
1. Slab D *
2. Pier & Beam
a. Footings D *
b. Sills D *
c. Joists D *
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 *
D. Roof
1. Rafters D *
2. Deck, Shingles D *
E. Ceilings
1. Joists D *
2 . Ceiling D .*
F. Floors D *
G. Other N/A
II. MECHANICAL SYSTEMS
A. Electrical -,
1. Service Entrance
& Panel D *
2 . Wiring D '*
3 . Lights, Switches IL- *
4 . Outlets D '*
5. Other N/A
B. Plumbing
1. Fixtures
a. Sink D *
b. Lavatories D '*
c. Water Closets JL *
d. Tub/Shower D '*
e. Water Heater -L *
2 . Water Piping D *
3 . Drain, Waste
& Vent D *
4. Sewer/Septic Tank D *
5. Gas System D '*
C. Heating & Air Conditioning
1. Heating D *
2. Air Conditioning ~ *
I I I.
PROPERTY CONDITIONS
1. Accessory Structures
2. Condi~ion of Grounds
3. other.
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N/A
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COMMENTS:
'*Rt\ilrting iR PArtiAlly Demolished. Remaining: Portions
of Structure are Unsound.
*1 Weed~. BuildinR Debris.
01-'92 Rev.
a:dangbldg.frm/dangerous building