HomeMy WebLinkAboutO-2016-3643 Dangerous Building Declaring the Building Located at 3142 Hamilton St.ORDINANCE NO. 2016-3643
AN ORDINANCE DECLARING THE BUILDINGS LOCATED AT LOT ELEVEN (11)
THROUGH LOT FOURTEEN (14), BLOCK 19, BAYSIDE TERRACE, HARRIS COUNTY
TEXAS, MORE COMMONLY KNOWN AS 3142 HAMILTON ST. TO BE IN FACT A
NUISANCE; SUCH BUILDINGS BEING ONE PRIMARY RESIDENTIAL DWELLING AND
ONE ACCESSORY STORAGE FACILITY; ORDERING SUCH BUILDING CONDEMNED;
FINDING THAT THE ESTATE OF ROBERT LOUIS CARLISLE IS THE RECORD OWNER
OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR
DOWN SUCH BUILDINGS; ORDERING THE SAID OWNES TO COMMENCE SAID
REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF
THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN
FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE;
ORDERING THE DANGEROUS BUILDING INSPECTION BOARD 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
BUILDING) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNERS 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 LaPorte, passed and approved Section 82-472
of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be
composed of the Building Official or his duly authorized representative, the Fire Chief or his duly
authorized representative, the Fire Marshal or his duly authorized representative; and
WHEREAS, Section 82-474 (a) provides that:
Whenever it shall come to the attention of the Board 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 make a thorough
inspection of such building(s); and
WHEREAS, Section 82-474 (e) provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall 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
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Page 2
building(s) 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 that the primary residential
dwelling and accessory storage facility at LOT ELEVEN (11) THROUGH LOT FOURTEEN (14).
BLOCK 19, BAYSIDE TERRACE, HARRIS COUNTY, TEXAS, which is further described as
3142 HAMILTON ST, Harris County, Texas, has become dangerous or substandard and thereby
a public nuisance, as established in Section 82-473 of the Code of Ordinances of the City of La
Porte; and
WHEREAS, said Board has heretofore made and filed its written report, dated APRIL 11,
2016 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 that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00
PM on SEPTEMBER 12, 2016, at 604 W. Fairmont Parkway, at the Council Chambers, City Hall,
City of La Porte, Texas, at which time the Council would hear further evidence for and against the
conclusions of the Board;
WHEREAS, the City of La Porte has heretofore served notice of said hearing upon said
owner(s), by posting a notice on the subject property on or about AUGUST 12, 2016; and by
registered mail, return receipt requested, which notice was shown by USPS as delivered on
AUGUST 22, 2016; a 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, at which time the hearing was concluded;
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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WHEREAS, City Council entered its order on SEPTEMBER 12, 2016 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 of Fact, Conclusions of Law, and
orders of the City Council of the City of La Porte, 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, 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,
being the primary residential dwelling and accessory storage facility, to be a public nuisance, and
orders such building condemned.
Section 4. The City Council hereby finds, determines and declares that THE ESTATE
OF ROBERT LOUIS CARLISLE is the record owner of the property on which the aforementioned
primary residential dwelling and accessory storage facility are situated, and that as such record
owner, the said THE ESTATE OF ROBERT LOUIS CARLISLE has been duly and legally
notified of those proceedings.
Section 5. The City Council hereby orders the said THE ESTATE OF ROBERT
LOUIS CARLISLE to entirely remove or demolish such building including all slabs, parking bays
and driveways, and further orders the said THE ESTATE OF ROBERT LOUIS CARLISLE to
commence such removal within ten (10) days from the effective date of this Ordinance, and to
complete said removal or demolition within forty-five (45) days from the effective date of this
ordinance.
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Section 6. The City Council hereby orders the Board of the City of La Porte to cause
a notice of the dangerous, unsanitary condition of the buildings to be affixed in one or more
conspicuous places on the exterior of the buildings, 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 and to any and all lienholders or
mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office
of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the
street address or legal description of the property, 2) the date of the public hearing, 3) a brief
statement indicating the results of the hearing, and 4) instructions stating where a complete copy
of this Ordinance may be obtained.
Section 8. Should the said THE ESTATE OF ROBERT LOUIS CARLISLE not
comply with the orders contained in this Ordinance relating to the removal or demolition of such
buildings including all slabs, parking bays and driveways within forty-five (45) days after hereof,
then 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 record owner of said property, and
shall thereupon become a valid and enforceable personal obligation of said owner of such
premises, and the said City 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 preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; 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.
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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 , 2016.
CITY OF
Lo
AT ST:
Patrice Fogarty, i ecret
APPROVED:
Clark T. Askins, Assist. City Attorney
R. IVgpy, Mayor