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Home My WebLink AboutO-2003-2610-I . . ~ ORDINANCE NO. 2003- dt fJ ID~ 1- AN ORDINANCE DECLARING THE BUILDINGS LOCATED ON LOT (S )22. 23, BLOCK ~ ADDITION La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Reginald Hue Burns IS THE RECORD OWNER (S) OF SAID PROPERTY; ORDERING THE SAID OWNER (S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER (S) TO COMMENCE SAID REMOVAL OR DEMOLmON WITHIN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID PREMISES 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 of the City of La Porte, creating a Board of Inspection 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) of said Section provide that: Whenever it shall come to the attention of the Board of Inspection 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, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 82-474 (c) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately 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 not matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Block 88. Lots 22.23. La Porte. which is further described as 411 North 3rd St.. Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate Ordinance No. 2003-~/o/~'e 2 e into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 82-473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board ofInspection has heretofore made and filed its written report, dated November 1. 2002 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, Reginald Hue Burns, whose address is 719 E. 420d St.. Houston. TX 77022- 4627, 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 02-10-03. 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 of Inspection; 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 February 11. 2003 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY TIlE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusion, based upon the evidence presented at said hearing. Ordinance No. 2003-~&I[J 'e 3 e Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, 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 Reginald Hue Burns. who resides at 719 E. 4200 St.. Houston. TX 77022-4627 and who resides and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Reginald Hue Bums has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Reginald Hue Burns to entirely remove or tear down such building, and further orders the said Reginald Hue Burns 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 Inspection 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 Reginald Hue Bums. by registered mail, return receipt requested. Section 8. Should the said Reginald Hue Burns, 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 Inspection 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 Reginald Hue Burns. 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. Ordinance No. 2003-;1 ~/b1 ~e 4 e 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 Section 10. This Ordinance shaH take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 10th day of February. 2003. C~POR~ By' ~tth? ~ , Mayor ATTEST: ~J !j;JiJ City Secretary S:\CPShare\INSPECTION DIVISION\ALL OTHER STIJFF\Code Eoforcement\Dang Buildings\411 N 3rd orddoc