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HomeMy WebLinkAboutO-2004-2772 . e ORDINANCE NO. 2004- B.11;). AN ORDINANCE DECLARING THE BUllDING(S) LOCATED ON OUTLOT (S)377. TRACT.l$ ADDITION La Porte Outlots. HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUllDING(S) CONDEMNED; FJNDING THAT Jack E. Holland IS THE RECORD OWNER (S) OF SAID PROPERTY; ORDERING THE SAID OWNER (S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER (S) TO COM:MENCE SAID REMOVAL OR DEMOLITION WITIflN (10) DAYS FROM THE EFFECTIVE DATE OF TInS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUllDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COpy OF TIllS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(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 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 hislher duly authorized representative, the Fire Chief or hislher duly authorized representative, 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 thereof, by reason of the canying out of the necessary duties of such member, or by reason ofa 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 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 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 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 that the building located on TR 14 of Outlot 377. La Porte Outlot which is further described as 1406 Browning St.. Hanis Ordinance No. 2004- ~1. Page 2 e 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 or 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 July 9. 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, Jack E. Holland. whose address is 1440 Brazos Dr,. Apt. #28. Huntsville. TX 77320-3528. that a hearing as provided in Section 82-477 of said Ordinance would be held at 604 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 Certified mail returned "unclaimed" on 7-29-2004. 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; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the tennination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on August 23. 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: Ordinance No. 2004-~11'. Page 3 e 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 to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that Jack E. Holland. who resides at 1440 Brazos Dr.. Apt. #28. Huntsville. TX 77320-3528 and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Jack E. Holland has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Jack E. Holland to entirely remove or tear down such building, and further orders the said Jack E. Holland 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. 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 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 Jack E. Holland. by registered mail, return receipt requested. Section 8. Should the said Jack E. Holland. 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 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 Jack E. Holland, 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 shall carefully compute Ordinance No. 2004- g., Page 4 . 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 confrrms 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 th;)Mday of! CITY By: , 2004. ATTEST: l1'r1~ ./JMJ# v City Secretary ..... .~ ACTION OF CITY COUNCIL On this, the 24th day of August , 2004, the City Secretary of the City of La Porte, having received the above and foregoing report from the Board ofInspection of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of Article VIII, Section 82- 478, ofthe Code of Ordinances of the City of La Porte. ATTEST: By: CITY SECRETARY'S CERTIFICATE I hereby certify that on the 904- day of 2004, I mailed a notice to the above named owner, in connection ith the above referenced property, said notice being in accordance with Article VIII, Section 82-478, of the Code of Ordinances of the City of La Porte. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. ~/J1djb!JL ~/A/Jj Martha Gillett City Secretary S:\CPShare\Code Enforcement\Action by City Council Fonn.doc Aug. 2001 Rev.