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Home My WebLink AboutO-2004-2727 e e ORDlNANCE NO. 2004-.17,:)" 1 . AN ORDlNANCE DECLARING THE BUILDlNG(S) LOCATED ON LOT (S) 1-6 & 11-16 &. Adj. 16' Alley. BLOCKll;. ADDITION Sylvan Beacb, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUllDlNG(S) CONDEMNED; FINDING TIIAT Joe Nevarro for 200 Garfield. LLP IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING TIlE SAID OWNER(S) TO ENTJREL Y REMOVE OR TEAR DOWN SUCH BUILDlNG(S); ORDERING SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLmON WITHIN (10) DAYS FROM THE EFFECTIVE DATE OF TInS ORDINANCE; ORDERING THE DANGEROUS BUlLDING JNSPECTION BOARD TO PLACE A NOTICE ON SAID BUllDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COpy OF TInS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUIIDlNG(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; ~ROVIDING AN El"FECTIVE DATE HEREOF; AND FINDJNG COMPLIANCE WITH 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 bislher 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 ~ 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 e e . Ordinance #2004 -~ 1 J.-7 Page 2 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 #9. 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 heretofore 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 ord~ed 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 hearing as provided in Section 82-477 of said Ordinance would be held at 604 W. Fairmont Parkway, at the Coup-cil 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, t~e 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; e e Ordinance #2004 :;)1').. 7 Page 3 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 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. Secti~n 2. Based on the evidence presented at said hearing, the City Council hereby adopts the 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 Gaifield. LLP. whose address is 6126 Roberta Place - Stockton. CA 95212 is the record owner(s) of the property on which this building'is simated, and that as such record owner(s), the said Joe Nevarro for 200 Garfield. LLP has been duly and legally notified of those proceedings. Section S. The City Council hereby orders the said Joe Nevarro for 200 Garfield. ~ to entirely remove or tear down such building, and further orders the said Joe Nevarro for 200 Garfield. LLP 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 #2004 _d.1 )1 Page 4 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 on~ 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 oflaw. . Section 7. The City Counci.1 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. LLP. 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. the expenses of such procedure shall be charged against 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 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, Tex,as 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. . . Ordinance #12004 - ~-1d-.(J PageS Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED ANti APPROVED this the 26th day of April. 2004. .~- Mayor ATIEST: ~/~.dd ity Secretary . . REQUEST FOR CITY COUNCIL AGENDA ITEM ::"'Br.~:,.~ T~~..m~r Aoorooriation Source of Funds: N/A Department: p'..nniDg D~pal1llleat Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Repealing Ordinance Amount Requested: Exhibits: Existing Ordinance #2004-2737 ./ Existing Ordinances #2004-2719.....2727 -_/ Budgeted Item: YES NO SUMMARY & RECOMMENDATION Following the close of a public hearing on April 26, 2004, City Council passed nine (9) condemnation ordinances on the buildings located within the abandoned, non-conforming apartment complex known as the Flamingo Bay Apartments a.k.a. Garfield Apartments and located at 200 Garfield. In addition, on May 10, 2004 Ordinance #2004- 2737 was passed declaring an emergency for the demolition of said buildings. With court issuance of a tempormy restraining order, negotiations began between the property owner(s) and the City. On October 7, 2004 a tentative agreement between the parties was reached and subsequently approved by both parties the following week. In accordance with the executed agreement, the City agreed to repeal the emergency declamtion ordinance (#2004-2737)and the nine (9) condemnation ordinances (#2004-2719.....2727) to allow the .... property owner(s) an opportunity to fulfill their obligations outlined within the executed agreement. Copies of the previously passed ordinances are attached for your convenience. Please note, although staff is requesting all ten (10) ordinances be repealed at this time, the City did retain the right to proceed with the same substandard building process should the property owner(s) fail to fulfill their obligations. Action Required bv Council: Approve new ordinance to repeal the passage of Ordinances #2004-2737 and #2004-2719.....2727. /1-;;). -0 t./- Date