HomeMy WebLinkAboutO-2004-2722
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ORDINANCE NO. 2004- a.1.~~
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON LOT (S) 1-6 &
11-16 & Adj. 16' Alley. BLOCK ~ ADDITION Sylvan Beach. HARRIS COUNTY,
TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUlLDING(S)
CONDEMNED; FINDING THAT Joe Nevarro for 200 Garfield. LLP IS THE RECORD
OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO
ENTJREL Y REMOVE OR TEAR DOWN SUCH BUlLDING(S); ORDERlNG SAID
OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLmON WITHIN (10)
DAYS FROM THE EFFECTIVE DATE OF TInS ORDINANCE; ORDERING THE
DANGEROUS BUll-DING INSPECTION BOARD TO PLACE A NOTICE ON SAID
BUILDING(S); ORDERING THE CITY SECRETARY TO FORW AID A COpy OF
TInS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF
SAID BUlLDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID
OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE
DATE HEREOF; AND FINDING COMPLIANCE wrm THE OPEN MEETINGS
LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved
Section 82-472 of the Code of Ordinances as amended by Ordinance #04-2700 that
passed and approved on January 26, 2004, creating a Dangerous Building Inspection
Board to be composed of the Building Official, or hislher duly authorized representative,
the Fire Chief: or hislher duly authorized representative~ and the Fire Marshal or hislher
duly authorized representative; and
WHEREAS, Section 82-474 (a) of said section, as amended by Ordinance #04-2700,
provides that:
Whenever it shall come to the attention of the Board or any member thereot: 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 shal1 make a thorough inspection of such building; and
WHEREAS, Section 82-474 (e) of said section, as amended by Ordinance #04-2700,
provides that:
After the inspection provided for in this section has been made, with or without
the aid of an expert, 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 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
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WHEREAS, it has heretofore come to the attention of the Board that the
building(s) located on Block 18. Lots 1-6 & 11-16 & Adi. 16' Alley: Sylvan Beach.
which is further described as 200 Garfield. Building #5. 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 public nuisance and hazard, as defined in Section 82-473 of
the Code of Ordinances of the City of La Porte, as amended by Ordinance #04-2700; and
WHEREAS, said Board has heretof~re made and filed its written report, dated
April 1. 2004 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record
owner(s) of said property, Joe Nevarro for 200 Garfield. LLP. whose address is 6126
Roberta Place - Stockton. CA 95212. that a h~ng as provided in Section 82-477 of said
Ordinance would be held at604 W. 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( s), by registered mail, return receipt requested, which return receipt indicated
that said owner(s) received said notice on April 12. 2004. 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;
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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
WHEREAS, City Council entered its order on April 27. 2004 a day which is
within fifteen (15) days after the termination of the hearing; NOW TIIEREFORE:
BE IT ORDAINED BY TIlE 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 th~ attached report of the Dangerous Building Inspection 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 to be a nuisance, and orders such building condemned.
Section 4. The City Council hereby finds, determines and declares that Mr.
Joe Nevarro for 200 Garfield LLP. whose address is 6126 Roberta Place - Stockton. CA
95212 is the record owner(s) of the property on which this building is situated, and that as
such record owner(s), the said Joe Nevarr6 for 200 Garfield LLP has been duly and
legally notified of those proceeding~,
Section S. The City Council hereby orders the said Joe Nevarro for 200
Garfield. LLP to entirely remove or tear down such building, and further orders the said
Joe Nevarro for 200 Garfield. ILP 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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Section 6. The City Council hereby orders the Dangerous Building Inspection
Board of the City of La Porte to cause a notice of the dangerous, unsanitary 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(s) of said property, the said Joe
Nevarro for 200 Garfield. LLP. by registered mail, return receipt requested.
Section 8. Should the said Joe Nevarro for 200 Garfield. UP. 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 Dangerous Building Inspection Board
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 ~e expenses of such pro~ure shall be charged a.ga;n~ the said Joe Nevarro for 200
Garfield LLP. record owner(s) 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 caref\illy 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 tbrther 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 26th day of AmiL 2004.
CITY OF LA PORTE ..---
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...,. Mayor
ATTEST:
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City Secretary
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