HomeMy WebLinkAboutO-2003-2610-F
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ORDINANCE NO. ~
AN ORDINANCE DECLARING THE BUILDINGS LOCATED ON LOT (S)25-28, BLOCK
2.L ADDITION La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE;
ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Felix Vigier 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 DEMOLITION 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 ofInspection to be
composed ofthe 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 ofInspection or any member
thereof, by reason of the carrying 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 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 ofInspection that the
building located on Block 61. Lots 25-28. La Porte, which is further described as 217 N.
Broadway, Harris County, Texas, has, for the reason of neglect or misuse, been allowed to
Ordinance No. ~age 2
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deteriorate 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, Felix Vigier, whose address is 1438 MacClesby Ln. - Channelview. Tx 77530-
2288, 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 02-05-03: 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 ofInspection;
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 July 15.2003 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 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-l(eJ~~age 3
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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 Felix Vigier,
who resides at 1438 MacClesby Ln. - Channelview. Tx 77530-2288 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 Felix Vigier has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Felix Vigier to entirely remove
or tear down such building, and further orders the said Felix Vigier 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 ofInspection 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 Felix Vigier, by
registered mail, return receipt requested.
Section 8. Should the said Felix Vigier, 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 ofthe 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 shan be charged against the said
Felix Vigier, 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. ~age 4
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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 shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the 14th day of July, 2003.
C~PORTE ~
B. ~ ,
Mayor
ATTEST:
S:\CPShare\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\217 N Broadway ord.doc
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ACTION OF CITY COUNCIL
On this, the 15th day of July, 2003, the City Secretary of the City of La
Porte, having received the above and foregoing report from the Board ofInspection ofthe
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, of the
Code of Ordinances of the City of La Porte.
CITY OF LA PORTE
By:
MbJh*at/ftu
ATTEST:
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the JJ~ day of ::Ii.t {" ,"looJ, I mailed a
notice to the above named owner, in connection with the abo~e 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.
S:\CPShare\Code Enforcement\Action by City Council Fonn.doc
Aug. 2001 Rev.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Julv 14. 2003
Appropriation
Requested By:
n Wilmnrp.
k)sw
Source of Funds:
General Funds
Department:
PlaAAiag
Account Number: #001-9092-524-6021
Report: X Resolution:
Ordinance:
X
Amount Budgeted: !Il26,200 00
Amount Requested:
Exhibits:
List of Dangerous Buildings and Owners
Budgeted Item: YES NO
Exhibits:
Inspection Reports and Slide Presentation
Exhibits:
Condemnation Ordinance!!
SUMMARY & RECOMMENDATION
At the February 10,2003 public hearing, City Council authorized an extension on three (3) of the fourteen (14)
structures being considered for possible condemnation. The structure located at 3122 Andricks received a 30-day
extension; however, the owner had the structure demolished on 03-20-03. The remaining structures are 506 Circle
Drive (60-day extension granted) and 217 N. Broadway (30-day extension granted). Each structure had
nonconfonning structure and/or use issues that required staff to fonnally notify the owners of the issues as well as
providing them the opportunity to appeal the detennination. That required notification was made and the stated
appeal period has ended without a written request for appeal being received from either owner.
Previous meetings included a January 12, 2003 regular meeting and a February 10, 2003 public hearing at which the
structures were tabled. Subsequent to this meeting, as required by Ordinance #97-2198; Article VIII; Section 82-
475 of the Code of Ordinances, a notice was published in the Bayshore Sun. Certified and regular mail letters
containing the public notice were mailed to the owner(s) of the structures in question.
As of the preparation of this request, both structures remain. The purpose of this meeting is to consider
condemnation of the two (2) structures. A separate ordinance is required to condemn each of the structures.
The Dangerous Building Board ofInspection (Chief Building Official, Fire Marshal and Fire Chief) unanimously
recommend that both substandard structures be condemned and demolished.
Action Required bv Council:
Consider passing ordinances condemning each of the two (2) substandard structures.
7-Y -()j
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DANGEROUS BUILDING GROUP
(Summer 2002)
The following are the last two structures from the original group presented to City
Council. These structures were tabled at the February 10,2003 public hearing to give the
owners and staff an opportunity to review the nonconforming structure and/or use issues
associated with the properties.
I) 506 Circle Dr.
Zoning: N.C.
Use: Residence
Legal Description: Blk. 30; Lot 17 & E. Y2 of 18; Beach Park
HCAD #007-002-000-0017
Ownership: Myra Berryhill C/O Audrey Bell - 113 Hudman Dr. -
Livingston, Tx 77351-2486
2) 217 N. Broadway
Zoning: G. C.
Use: Residence
Legal Descriotion: Blk. 61; Lots 25-28; La Porte
HCAD #023-194-000-0025
Ownership: Felix Vigier - 1438 MacClesby Ln.
Channelview, Tx 77530-2288
DATE:
STREET ADDRESS:
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City or La Porte
DANGEROUS Bun..nING INSPECTION FORM
October 31.2002
506 Circle Dr.
OWNER (TAX ROLL): Mvra Benvhill % Audrev BeD. 113 Hudm~n Dr. . LiviD2stoD TX 77351-2486
OWNER (DEED): Carrou Alan Berrvhill &: wife. Mvra Marie Bern-hill - S06 Circle - La Pone. TIC 77571
LEGAL:
Block 30: Lot 17 &; E. ~ or 18: Beach PaIk
ZONING:
SEWER:
NC
Y
Y
OCCUPANCY TYPE: Residential
FAcn..mES AVAILABLE: WATER: Y
ELECTRICAL:
Y
GAS:
VACANf:
NO.OF DWELLING UNITS:
Y
OCCUPIED:
AS REQUIRED IN mE c:rn"S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vm. 1HE
BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY,
AND DETERMINED mE Bun.DING LOCATED THEREON, IN mEIR OPlNION, IS IN FACT A
DANGEROUS BUILDING, FOR lHE FOLLOWING REASONS:
U 1)
LJ 2)
LJ 3)
LX..J 4)
BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR
ANY 01HER CAUSE, IT IS ESPECIAU. Y LIABLE TO FIRE AND CONS1TIUI'ES
A FIRE HAZARD; OR
BECAUSE OF FAULTY CONSTRUCTION OR ANY OlHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY A
COLLAPSE OR FAlL OF ANY PART OF SAID STRUC'IURE; OR
BECAUSE OF ITS CONDmON OR BECAUSE OF LACK OF SECURED DOORS
OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY MALEFACTORS
OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SUCH
STRUCTURE; OR
BECAUSE OF ITS CONDmON. IT IS DANGEROUS TO PUBLIC HEALm AND
MAY CAUSE OR AID IN lHE SPREAD OF DISEASE OR lNJURY TO 1HE
HEALnI OF THE OCCUPANTS OF IT OR NEIGHBORING STRUCTURES.
~: SEE BUlLDING EVALUATION CHECKLIST ON REVERSE SIDE FOR nm
REMAJNDER. OF nos REPORT.
FINDINGS AND CONO-USIONS OF TIlE BOARD OF INSPECTION:
FINDINGS AND OONCLUSIONS ARE IN ACCORDANCE WITH ORDINANCE N97-2198 AND
ARTICLE VID: SECI10N 82-471 OF lHE CllY OF LA PORTE'S CODE OF ORDlNANCES. BY
USING THE CITY'S BUILDING CODES AS ITS GUIDE. IT IS lHE OPINION OF nus INSPECTION
BOARD lHAT nos BUD..DING IS IN FACT DANGEROUS Bur STILL REPAIR.A RT F.. AU.
REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH AU.
APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES IF 1HE REPAIR OR
ALTERATION ORDER IS NOT COMP! n:n WITH WI'IHIN nm TIMET ART F. SET OUT IN
ARTICLE vm. SECTION 82-478 OF TIlE CI1Y'S CODE OF ORDINANCES. IT IS TIIEN lHE
OPINION OF nus INSPECI10N BOARD nlAT nus BUILDING BE DEMOLISHED.
~i.&(1j.
x~.. ltl,Jlu.)
BUILDING OfFICIAL'S
omCE
--X-- it.J. /?? ~L-
FIRE OIIEF'S
omCE
OFfICE
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BUILDING EV ALUA nON CHECKLIST
A os Adequate D ... Deficient Nt A'" Not Applicable
I. STRUcnJRAL COMMENT t EXPLANATION
A. Foundation
1. Slab ~
2. Pier &. Beam
8. Footings ---IL- Uneven SettJement
b. Sills ---IL- Rotted
c. Joists --1L- Rotted
B. WaDs
1. Exterior -A-
2. Interior ----A-
C. MeaDl or Egress
1. Doors
a. lntc:rior -A-
b. Exterior -A-
2. Pon:hes. Steps,
Stairs -12- Rotted
3. Windows -A--
D. Roof
1. Rafters --'L- Some Rot
2. Deck. Shingles -1L- Some Rot
Eo CeiliDgs
1. Joists --1L- Some Rot
2. Ceiling -1L-
F. Floors --1L- Holes &. Rot- (Interior &. Exterior)
G. Other
n. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
&. Panel
2. Wiring
3. Lights, Switches
4. Outlets
S. Other
B. Plumbing
1. Fixtures
L Sink
b. Lavatories
c. Water/Oosets
d. Tub/Shower
e. Water Heater
2. Water Piping
3. DraiD, Waste
&'Vent
4. SewerlSeptic 1aIlk
S. Gas System
C. Beating'& AlC
1. Heating
2. Air Conditioning
m PROPERlY CONDmONS
l. Accessory StnJCtuI'es
2. Condition of Grounds
3. Other
Comments:
~
-lli!L
-Y!!L
-YDL
No Main Discormect: Missin! Knockout
Exterior lnsDection OnIv
Exterior InSDeCtion OnIv
Exterior 1nsoection OnIv
-1ln!L
......l1!!!L..
--12!!!L
-YDL
--12!!!L
-Y!L
...llDL
-1l!!L.
-1lI!L
Exterior lnsDection OnIv
Exterior InSDeCtion 0nJv
Exterior lDSDection Onlv
Exterior lnsDec:tion 0nJv
Exterior 1nsoection OnIv
Exterior lnsDec1ion OnJv
E.~erior lDsoection 0nIv
Seutic Tank Lid Visible
Not Visible
-Y!!L
--Y!!.L
Nooe VISIble
Condenser Outside
.JL
..JL
Metal Accessorv - Deteriomted
Weeds
Remove house and accessorv buildin2.
S:'CPSbar.\INSPECTION D1VlSION\ALL 0'IliER ST1JFf"Code ~1DIIl1 Buildinp\D B Insp Farm 'BerTybiD.cIae
10-2002 ~.
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City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: November 1. 2002
STREET ADDRESS:
217 N. Broadwav
OWNER (TAX ROLL): Ernest Brown . 810 S. 4TH St-LaPor1e TX 77571-5042
OWNER (DEED):
OTIiER (BUYER):
LEGAL:
Ernest Aaron Brown &: wife. Emma Jean Brown - No Address Shown
Felix ViGer - 1438 MacClesev - Chaunelview. Tx 77530
Block 61' Lots 25.28: La Porte
AS REQUIRED IN mE CITY'S CODE OF ORDINANCE, CHAPTER. 82; ARTIa..E vm. THE
BOARD OF INSPECTION MADE AN INSPEcnON OF 1HE AFOREMENTIONED PROPERTY,
AND DETERMINED mE BUlLDlNG LOCATED 11IERE0N, IN TIlEIR. OPINION. IS IN FACT A
DANGEROUS BUILDING, FOR mE FOUOWING REASONS:
l.X..J 3)
BECAUSE OF FAULTY CONSTRUcrION, AGE, LACK OF PROPER REPAIR. OR
ANY 0TIiER CAUSE, IT IS ESPECIALLY UABLE TO FIRE AND CONSTITUTES
A FIRE HAZARD; OR
BECAUSE OF FAULTY CONSTRUcrION OR ANY 01HER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY A
COLLAPSE OR FALL OF ANY PART OF SAID STRUC'l1JRE; OR
BECAUSE OF ITS CONDmON OR BECAUSE OF LACK OF SECURED DOORS
OR WINDOWS, IT IS A V AlLABLE TO AND FREQUENTED BY MALEFACTORS
OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SUCH
STRUCTURE; OR
BECAUSE OF ITS CONDmON. IT IS DANGEROUS TO PUBUC HEALTH AND
MAY CAUSE OR AID IN mE SPREAD OF DISEASE OR INJURY TO THE
HEALllI OF mE OCCUPANTS OF IT OR NEIGHBORING STRUCTURES.
~: SEE Bun.DlNG EVALUATION CHECKLIST ON REVERSE SIDE FOR THE
REMAINDER OF THIS REPORT.
U I)
LJ 2)
LXJ 4)
FINDINGS AND CONCLUSIONS OF lHE BOARD OF INSPEcrION:
FINDINGS AND CONCLUSIONS ARE IN ACCORDANCE WIlH ORDINANCE #/97-2198 AND
ARTICLE VID: SECTION 82-471 OF lHE CITY OF LA PORTE'S CODE OF ORDINANCES. BY
USING lHE CITY'S BUILDING CODES AS ITS GUIDE. IT IS THE OPINION OF TInS INSPEcrION
BOARD mAT nus BUILDING IS IN FACI' DANGEROUS. BUI' STn.L REPAIRABLE. ALL
REOUIRED REPAIRS OR AI. TERA TIONS SHALL BE DONE IN ACCORDANCE wrrH ALL
APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF 'mE REPAIR OR
ALTERATION ORDER IS NOT COMPI.T1ID wrrH WITHIN lHE TIMIIT ABLE SET OUT IN
ARTICLE vm SEcnON 82-478 OF 1HE CJ1Y'S CODE OF ORDINANCES. IT IS llIEN 'mE
OPINION OF TInS INSPECIlON BOARD THAT lHIS BUILDING BE DEMOLISHED.
~ ///4~~( .xaJm.~
Bun.DING OFFICIAL'S ~ 'S - FIRE CHlEF'S
OFFICE OFFICE OFFICE
A = Adequate D = Deficient N/A" Not Applicable
I. STRUcnJRAL COMMENT I EXPLANATION
A- Foundation
1. Slab -1:YA.-
2. Pier &: Beam
a. Footings -1L- Uneven Settlement
b. Sills ~ Rotted
c. Joists -1L- Rotted
B. Walls
1. Exterior -IL- Holes
2. Interior ---'h!!L E.~or lnsDcc:tion Onlv
C. Mean. of Egrell
1. Doors
a. Interior ..J.!DL Exterior InsoecIion 0nIv
b. E,'\.1erior -1L- Poor Condition
2. Porches, Steps,
Stairs -IL- Side Porch &: SleDS Missinl!
3. Windows .-!L- Broken Glass: Poor Condition
D. Roof
1. Rafters -1L- Rotted
2. Deck. Shingles -1L- Poor Condition
E. CeiliDp
I. Joists -YnL Exterior InsoecIion OnlY
2. Ceiling --Y!!k... Exterior Insocc:tion OnIV
P. JI100n -YnL Exterior lnsDection OnIv
B. Plumbing
I. Fb:tures
a. Sink
b. Lavatories
c. Water/Oosets
d. TublShower
c. Water Heater
2. Water Piping
3. Drain, Waste
&:Venl
4. ~/Sep1ic tank
S. Gas System
C. Beating II: AlC
I. Heating
2. Air CaDditioning
Ill. PROPERlY CONDmONS
I. Act%ssory Structures ~
2. Condition of GIOunds .JL
3. Other
.~
G. Other
IL MEHCANlCAL SYSTEMS
A. Electrical
I. Service EntraDce
&: Panel
2. Wiring
3. Lights, Switches
4. Outlets
S. Other
CommeDts:
;e
BUILDING IV ALUA nON CHECKLIST
-1L-
-YnL
J!!L
J!!L
Holes In Panel
ElI.1erior InSDCCtion OnlY
Exterior InSDCCtion OnIv
Exterior lnSDCCtion OnlY
--1lnlL
J!!L
-1lnL
-1lDL
--Y!!L
....1Jl!L
..JlnL
-YI!L
--YDL
Exterior Insncc:tion 0nIv
Exterior lnsDection OnIV
Exterior Insncc:tion OnlY
Exterior lnsDec:tion OnlY
Exterior Insocc:tion OnlY
Exterior Insocc:tion 0nIv
Exterior lnSDCCtion OnlY
Exterior Insocction OnlY
Exterior InSDCCtion OnlY
JlI!L
..YDL.
Exterior lnsDcction OnlY
Exterior Insnection OnlY
Weeds Around House &: Boat On Site
S:'CPS..\INSPEC'I1ON DIVlSJON\ALL OTHER STUFFCode EnfarcelllCllllDaDs Bw1dinpID B IDsp Farm Brown.doc
1I.2DCn 11......
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TA8LGD
p-/ J 01 03
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ORDINANCE NO. 2003- ~{,{O'" F
AN ORDINANCE DECLARING THE BUILDINGS LOCATED ON LOT (S)25-28. BLOCK
QL ADDmON La Porte. HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE;
ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Ernest Brown 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 DEMOLITION 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 61. Lots 25-28. La Porte. which is further described as 217 N.
Broadway. Harris County, Texas, has, for the reason of neglect or misuse, been allowed to
Ordinance No. 2003-
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deteriorate 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 of Inspection 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, Ernest Bro:wn, whose address is 810 S. 4th St.. La Porte. TX 77571-5042, 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 January 23.2003. 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 THE 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-
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Section 2. Based on the evidence presented at said hearing, the City Council hereby
adopts the attached report of the Board of Inspection, in ful~ 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 Ernest
Bro~ who resides at 810 S. 4th St.. La Porte. TX 77571-5042 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 Ernest Brown has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Ernest Brown to entirely remove
or tear down such building, and further orders the said Ernest Brown 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 Ernest Brown. by
registered mail, return receipt requested.
Section 8. Should the said Ernest Brown. 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
Ernest Bro~ 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-
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Section 9. The City Council officially finds, determines, and recit~s 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 an
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 shan take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the 10th day of February. 2003.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
APPROVED:
City Attorney
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