HomeMy WebLinkAboutO-2004-2764
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ORDINANCE NO. 2004- /1, (P ~
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON ABSTRACT 30,TR 9C
& 9D: ADDITION W. P. HARRIS, HARRIS COUNTY, TEXAS, TO BE IN FACT A
NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Fern M.
Belcher IS THE RECORD OWNER (S) OF SAID PROPERTY; ORDERING THE SAID
OWNER (S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDlNG(S);
ORDERING THE SAID OWNER (S) TO COMMENCE SAID REMOVAL OR DEMOLITION
WITHIN (10) DAYS FROM THE EFFECTIVE DATE OF TIllS ORDINANCE; ORDERING
THE DANGEROUS BUILDING INSPECTION 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
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 (the 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 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; 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 Abstract 30,Tr. 9C & 9D. W. P. Harris. which is further described as 3104 So. Hwy 146.
Ordinance No. 2004-~'11t~ Page 2
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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 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 8.
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, Fern M. Belcher. whose address is 3104 Highway 146 S. La Porte. TX 77571-
6502, 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 7-28-2004, a date more
than ten (to) 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
termination 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 tennination of the hearing; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
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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 Fern M.
Belcher. who resides at 3104 Highway 146 S. La Porte. TX 77571-6502 and is the record
owner(s) of the property on which this building is situated, and that as such record owner(s), the
said Fern M. Belcher has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Fern M. Belcher to entirely
remove or tear down such building, and further orders the said Fern M. Belcher 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 Fern M. Belcher, by
registered mail, return receipt requested.
Section 8. Should the said Fern M. Belcher. 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 Fern M.
Belcher, 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
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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, detennines, 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.
Section 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this ~~ of,~ 2004.
CIT OF AP~
By:
ATTEST:
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City retary