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HomeMy WebLinkAboutO-1992-1826 . . \ ORDINANCE NO. /S':J-h AN ORDINANCE DECLARING THE BUILDING LOCATED ON "TRACTJS) lB & 2B + LOTS 3, 4 , BLOCK 49; Sylvan Beach- _ First Addition " HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Hazel Lee " 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 ~HE 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 Inspecti~n 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 memgers 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 ~as 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 Tr~~r(s) lB & 2B + Lots 3, 4; alock 49; Sylvan Beach First A~~;rinnr which is further described as 511 Circle Drive . . ".~-- Ordinance No. Ii'N , 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, Hazel Lee , whose address is 405 N. Bayshore Drive - 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. /J'~ , 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 Hazel Lee _, who resides at 40S N_ Bayshore Drive - 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 Hazel Lee has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Hazel Lee to entirely remove or tear down such building, and further orders the said Hazel Lee 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. . . Ordinance No. /~d-6 , 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 Hazel Lee , by registered mail, return receipt requested. Section 8. Should the said Hazel Lee . . not comply with the orders contained 1n this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, fhen 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 Hazel Lee , 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. 18'~ , 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. ~~ PASSED AND APPROVED this the ~ day of March , 1992 CITY OF LA PORTE By ;f~A~~ P . Mayo .......... ATTEST: e~~ City Secretary AP~>> City Attorney . e CITY OF LA PORTE DANGEROUS BUILDING INSPECTION FORM DATE 01-14-92 STREET ADDRESS 511 Circle Drive OWNER Nannie Breitkreutz AGENT Nannie Jarmillo MAILING ADDRESS 1736 Pasadena Street - Houston, Tx 77023 BLOCK 49 LOT(S) 5,6 SURVEY/SUBOI V. Sylvan Beach First Addn. OCCUPANCY TYPE R ZONING R-1 FACILITIES AVAILABLE: WATER x SANITARY SEWER x NO. OF DWELLING UNITS 2 VACANT GAS 2 x ELECTRICAL POWER x OCCUPIED AS REQUIRED IN CITY OF LA PORTE ORDINANCE Hl145, 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 Hl145, SECTION 8-117). [x] 1) BECAUSE OF FA~LTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR (x] 2) BEC~USE 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 LAWFU~ OCCUPANTS OF SAID STRUCTURE; OR (x] 4) BEC~USE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO 'HE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING STRUCTURES. 1i.f.1U: SEE BUILD1NG EVALUATION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF THIS REPORT FINDINGS AND CONCLUSIpNS 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 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 c;(~j(,ItLlA~ -/.-//n-<< RE MARSHAL'S / FIRE CHIEF'S OFFICE OFFICE . . BUILDING EVALUATION CHECKLIST A = Adequate 1.>= 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 Inoperative b. Exterior D · Inoperative 2. Porchs, Steps, Stairs D Deteriorated 3. Windows D Deteriorated D. Roof 1. Rafters N/A Undetermined 2 . Deck, Shingles D Roof Leaks E. Ceilings 1. Joists N/A '" Undetermined 2. CeilIng D Water Damaged F. Floors D 'Soft Soots, Unlevel G. Other N/A II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel D Deteriorated. Not to Code 2. Wiring 'D Deteriorated 3. Lights, Switches -1L Deteriorated 4. Outlets D Deteriorated 5. Other N/A ; B. Plumbing 1'." Fixtures a. Sink D Inoperable b. Lavatories D Inoperable c. Water Closets .n..... TnnpPT&lhlp d. Tub/Shower D TnnpPT&lhlp e. Water Heater -D...... TnnpPT&lhlp 2. Water Piping D nptpTinT&ltpn 3 . Drain, Waste & Vent D Deteriorated 4- Sewer/Septic Tank W Undetermd.ned 5. das System D Meter Removed bv Entex c. Heating & Air Conoltloning 1. Heating D No Permanent Heat Source 2. AIr ComB tlonlng N/A III. PROPERTY CONDITIONS 1. Accessory Structures N/~ 2. Condition of Grounds -A- 3. Other N/A COMMENTS: . . 01-'92 Rev. a:dangbldg.frm/dangerous building