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HomeMy WebLinkAboutO-2003-2610-C . . ORDINANCE NO. ~C AN ORDINANCE DECLARING THE BUILDINGS LOCATED ON LOT (S) Lot 17 & E ~ of Lot 18. BLOCK N;. ADDITION Beach Park, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Myra Berryhill C/O Audrey Bell 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 ofthe 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 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 ofthe Board ofInspection 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 ofthe 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 30. Lot 17. & E ~ of Lot 18: Beach Park, which is further described as 506 Circle Dr., Harris County, Texas, has, for the reason of neglect or misuse, been allowed to Ordinance No. 2003-J.wb'.age 2 . 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 October 31. 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, Myra Berryhill C/O Audrey Bell, whose address is 113 Hudman Dr.. Livingston. TX 77351-2486, 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 Julv 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: Ordinance No. 2003- ~(, Ib~age 3 e 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. 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 Myra Berryhill. C/O Audrev Bell, who resides at 113 Hudman Dr.. Livingston. TX 77351-2486 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 Myra Berryhill C/O Audrey Bell has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Myra Berryhill C/O Audrey Bell to entirely remove or tear down such building, and further orders the said Myra Berryhill C/O Audrey Bell 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 Myra Berryhill C/O Audrey Bell, by registered mail, return receipt requested. Section 8. Should the said Myra Berryhill C/O Audrey Bell, 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 ofInspection 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 Myra Berryhill C/O Audrey Bell, record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, Ordinance No. 2003-~~~age 4 e and the said Board ofInspection 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, 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~ORTE By: ~""=::-- / Mayor ATTEST: vrr;Mi~ d. 4u/H/ City Secretary S:\CPShare\INSPEcrION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\506 Circle Dr ord.doc e e ACTION OF CITY COUNCIL On this, the 15th day of Julv, 2003, the City Secretary ofthe 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, of the Code of Ordinances of the City of La Porte. CITY OF LA PORTE By: A~w P Wea~~ A ITEST: CITY SECRETARY'S CERTIFICATE I hereby certify that on the JfD~ day of .::r L.c-l ~ . Zal3 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. -1Y/~ ~~ Martha Gillett City Secretary S:\CPShare\Code Enforcement\Action by City Council Form.doc Aug. 2001 Rev. e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Julv 14.2003 Appropriation Requested By: n Wilmnre Q<;w Source of Funds: General Funds Department: Plaalliug Account Number: #001-9092-524-6021 Report: X Resolution: Ordinance: X Amount Budgeted: ~26,200 00 Amount Requested: Exhibits: List of Dangerous Buildings and Owners Budgeted Item: YES NO Exhibits: Inspection Reports and Slide Presentation Exhibits: Cnndpmnatinn Ordinlln{,P!i1 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 nonconforming structure and/or use issues that required staff to formally notify the owners of the issues as well as providing them the opportunity to appeal the determination. 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 Reauired bv Council: Consider passing ordinances condemning each of the two (2) substandard structures. ')-y -/53 Date e e 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. 1) 506 Circle Dr. Zoning: N.C. Use: Residence Legal Description: Blk. 30; Lot 17 & E. ~ 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 Description: Blk. 61; Lots 25-28; La Porte HCAD #023-194-000-0025 Ownership: Felix Vigier-1438 MacClesby Ln. Channelview, Tx 77530-2288 e . City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: October 31. 2002 STREET ADDRESS: 506 Circle Dr OWNER (TAX ROLL): Mvra Berrvhill % Audrev Bell. 113 Hudman Dr. . Livinl!Ston TX 77351-2486 OWNER (DEED): Carroll Alan Berrvhill& wife. Mvra Marie Bem'hill- S06 Circle - La Porte. TIC 77571 LEGAL: Block 30: Lot 17 & E. ~ or 18: Beach Park ZONING: SEWER: NC OCCUPANCY TYPE: Residential FACD..ITIESAVAlLABLE: WATER: Y Y ELECI'RICAL: NO.OF DWELLING UNITS: Y GAS: y VACANT: Y OCCUPIED: AS REQUIRED IN TIlE ClTY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vm. TIlE BOARD OF INSPEcnON MADE AN INSPECTION OF mE AFOREMENTIONED PROPERlY. AND DElERM1NED THE Bun.DING LOCATED THEREON, IN lHEIR OPINION, IS IN FACT A DANGEROUS BtmDING, FOR TIlE FOLLOWING REASONS: U 3) BECAUSE OF F AULlY CONSTRUCTION. AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR BECAUSE OF FAULlY CONSTRUCTION OR ANY 0lHER. CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY A COLLAPSE OR FALL OF ANY PART OF SAID STRUC'I1JRE; OR BECAUSE OF ITS CONDmON OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENrED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SUCH S'IRUCTURE; OR BECAUSE OF ITS CONDmON. IT IS DANGEROUS TO PUBLIC HEALTII AND MAY CAUSE OR AID IN mE SPREAD OF DISEASE OR INJURY TO TIlE REALllI OF mE OCCUPANTS OF IT OR NEIGHBORING STRUCTlJRES. ~: SEE BUIlDING BY ALUATlON CHECKLIST ON REVERSE SIDE fOR TIlE REMAINDER OF TIllS REPORT. U 1) LJ 2) lX.J 4) FINDINGS AND CONCLUSIONS OF TIlE BOARD OF INSPECTION: FINDINGS AND CONCLUSIONS ARE IN ACCORDANCE WITH ORDINANCE #97-2198 AND ARTICLE VIn: SECI10N 82-471 OF TIlE CITY OF LA PORTE'S CODE OF ORDINANCES. BY USING mE CITY'S BUll-DING CODES AS ITS GUIDE. IT IS mE OPINION OF nus INSPECTION BOARD 1liAT TIllS BUll-DING IS IN FACT DANGEROUS Bur smL REPAIRABLE. ALL REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WI1HIN TIlE TIMETABLE SET our IN ARTICLE vm. secnON 82-478 OF THE ClTY'S CODE OF ORDINANCES. IT IS mEN THE OPINION OF nus INSPECTION BOARD 1liAT nus BUIlDING BE DEMOLISHED. ~.~J ~ 's x~. ~W BUD..DING OFFICIAL'S OFFICE omCE ~l,.l-/?t. ~.<:- FIRE CHIEFS OFFICE e A = Adequate I. STRUCTIJRAL A. F01IDdation 1. Slab 2. Pier &. Beam a. Footings b. Sills c. 10ists B. WaDs 1. Extc:rior 2. lDterior C. Meanl 01 Egresl 1. Doors a. Interior b.Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles Eo CeDiDgs 1. 10ists 2. Ceiling F. F100n G. Other n. MEHCANlCAL SYSTEMS A. Electrical 1. Service EntIance &. Panel 2. Wiring 3. Lights, Switches 4. Outlets S. Other B. Plumbing 1. Fixtures a. Sink b. Lavatories c. Water/Cosets d. Tub/Shower e. Water Heater 2. Water Piping 3. Drain, Waste &'Vent 4. SewerlSeptic tank S. Gas System C. BeadDg & AlC 1. Heating 2. Air Conditioning In PROPERlY CONDmONS 1. Acc:essDr}' Structures 2. Condition of Grounds 3. Other Comments: e BUll.DING EV ALUA nON CHECKLIST D = Deficient NI A = Not Applicable COMMENT I EXPLANATION ~ -IL- -IL- -IL- Uneven Settlement Rotted Rotted -A- -A- -A- -A- -1L-- ....A.- Rotted -IL- -IL- Some Rot Some Rot -1L-- ~ ~ Some Rot Holes &. Rot- (Interior &. Exterior) -1L- -Y!!L ~ -Y!!L No Main DiSCXlnnect: Missinl! Knockout Exterior 1nsDection OnlY Exterior lDsoection OnlY Exterior lnsDection OnlY ..Jln!L -Y!!L -UnL ~ --Y!!L -Y!!L ..YI!L --Y!!!L ....ID!L E.~erior lnsDection OnlY Exterior lDsoection OnlY Exterior lnsDection 00Iv Exterior lnsDection Only Exterior lnsoection 00Iv Exterior lnsDection Only Exterior Insoection OnIv Seutic Tank Lid ViSIble Not Visible ~ -1h!!L None ViSIble Condeoser Outside .JL JL Metal Accessory - Deteriorated Weeds Remove house and accessorv buildinlt S:'CPS......\INSPECTlON DIVlSIONIAU. O1lIER STUFFlCodc EnfarcomonllDlllc Buildinc1ID B Insp Fonn BcrrybiD.doc 10.2002 Rev. e . City of La Porte DANGEROUS Bun.DING INSPECTION FORM DATE: November 1. 2002 STREET ADDRESS: 217 N. BroadW2\' OWNER (TAX ROLL): Ernest Brown -810 S. 4n1 Sf-LaPorte. TX 77571-5042 OWNER (DEED): OmER (BUYER): LEGAL: Ernest Aaron Brown &: wife. Emma Jean Brown - No Address Shown Felix Vieier - 1438 MacClesev - Cbannelvicw. Tx 77530 Block 61: Lofs 25-28: La Porte FACR.JTIES AVAD..ABLE: WATER: Y ZONING: SEWER: GAS: Y Y OCCUPANCY TYPE: Residential GC ELECTRICAL: NO.OF DWELLING UNITS: Y VACANT: y OCCUPIED: AS REQUIRED IN !HE CITY'S CODE OF ORDINANCE, CHAPTER. 82; ARTICLE VIII, TIlE BOARD OF INSPECI'ION MADE AN INSPECTION OF !HE AFOREMENTIONED PROPERTY. AND DETERMINED TIlE BUILDING LOCATED TIlEREON, IN THEIR. OPINION. IS IN FACT A DANGEROUS BUILDING. FOR mE FOLLOWING REASONS: uu 3) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPEClALL Y LIABLE TO FIRE AND CONSTmJTES A FIRE HAZARD; OR BECAUSE OF FAULTY CONSTRUCTION OR ANY O'IHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY A COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR BECAUSE OF ITS CONDmON OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANl'S OF SUCH STRUCTURE; OR BECAUSE OF ITS CONDmON, IT IS DANGEROUS TO PUBLIC HEAL rn AND MAY CAUSE OR AID IN !HE SPREAD OF DISEASE OR INJURY TO 'IHE REALm OF nm OCCUPANTS OF IT OR NEIGHBORING STRUCTURES. ~: SEE BUD..DlNG EVALUATION CHECKLIST ON REVERSE SIDE FOR 1HE REMAINDER OF THIS REPORT. U I) LJ 2) uu 4) FINDINGS AND CONCLUSIONS OF 1HE BOARD OF INSPECTION: FINDINGS AND CONCLUSIONS ARE IN ACCORDANCE WITH ORDINANCE #97-2198 AND ARTICLE vm: SECTION 82-471 OF !HE CITY' OF LA PORTE'S CODE OF ORDINANCES. BY USING 'mE CITY'S BUILDING CODES AS ITS GUIDE. IT IS THE OPINION OF THIS INSPECTION BOARD mAT THIS BUILDING IS IN FACI' DANGEROUS. BUT STD.L REPAIRABLE. ALL REOUIRED REPAIRS OR AL TERA nONS SHALL BE DONE IN ACCORDANCE wrm ALL APPLICABLE CIlY OF LA PORTE CODES AND ORDINANCES. IF THE REPAJR OR ALTERATION ORDER IS NOT COMPLIED WlTH WI1HIN THE TIMETABLE SET OUT IN ARTICLE VOl SECTION 82-478 OF nm CITY'S CODE OF ORDINANCES. IT IS l1fEN 1HE OPINION OF THIS INSPECI10N BOARD mAT TInS BUILDING BE DEMOLISHED. x~.'Wj~w /J/)"",L( ~Alm.~ BUD..DING OFFICIAL'S ~ 'S FIRE CHIEFS omCE omCE OFFICE A = Adequate D = Deficient NJA = Not Applicable I. STRUC111RAL COMMENT J EXPLANA nON A- FoundatioD 1. Slab --BLA- 2. Pier &: Beam a. Footings -1L- Uneven Sett1ement b. Sills -1L- Rotted c. Joists -1L- Rotted B. Walls 1. Exterior -1!...- Holes 2. Imerior ---U!!L E.uerior Insoection Onlv C. Means or Egress 1. Doors a. Interior -UnL Exterior lnsDection Onlv b. E:\.1erior -1L- Poor Condition 2. Pcm:hes, Steps, Stairs -1L- Side Porch &. Steos Missinl! 3. Windows ~ Broken Glass: Poor Condition D. Roof 1. Rafters -1L- Rotted 2. Deck. Shingles -1L- Poor Condition E. Ceilings 1. Joists ~ Exterior 1nsDection Onlv 2. Ceiling --1h!!L Exterior InsuectiOD Onlv F. Jl100rs ~ Exterior lnsDection Oolv C. Beating &: AlC 1. Heating 2. Air Conditioning m. PROPERTY CONDmONS 1. Accessory Stnlctures ~ 2. Condition of Grounds ..J2..- 3. Other . G. Otber II MEHCANICAL SYSTEMS A- Electrical 1. SetVice Entrance &. Panel 2. Wiring 3. Lights, Switches 4. Outlets S. Other B. PlulDbiDg 1. Fu..1UI'ell a. Sink b. Lavatories c. Water/OaselS d TublShower e. Water Heater 2. Water Piping 3. Drain, Waste &:Vent 4. Sewer/Septic tank S. Gas System CommeuIs: . BUILDING EV ALUA nON CHECKLIST .-IL- ~ -ImL -YDL Holes In Panel Exterior InSDClCtion Onlv Exterior Insuection Onlv Exterior lnsDectiOD Onlv --1lnL --1l!!L. -Y!!L -YDL --1lnL --1l!!L ..Jh!L --ID!L --1l!!L Exterior Insoection Onlv Exterior lnsDectiOD Onlv Exterior Insuection Onlv Exterior lnsDection Onlv Exterior Insuection Onlv Exterior Insnection Onlv Exterior Insoection Onlv Exterior lnsDection 0n1v Exterior InSDClCtiOD 0n1v ....YDL J!n!L.. Exterior Insuection Onlv Exterior Insuection Onlv Weeds Around House &: Boat On Site S:'CPS.....\INSPECTION DIVISION\ALL 011lER STUFFlCoda EnfllfCClllClll1DaaC BuildillplD 8 ....p I'IlI1Il BroWII.doc 11.2002 Rev. - . 71r6~E D -(/)dfhj\ J.( ( o{ 03 ORDINANCE NO. 2003- d. t, /0 - G AN ORDINANCE DECLARING THE BUILDINGS LOCATED ON LOT (S) Lot 17 & E ~ of Lot 18. BLOCK ~ ADDITION Beach Park, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Mm Berryhill C/O Audrey Bell 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 30. Lot 17. & E ~ of Lot 18: Beach Park. which is further described as 506 Circle Dr.. Harris County, Texas, has, for the reason of neglect or misuse, been allowed to Ordinance No. 2003- ~'JIO'''age 2 . 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 October 31. 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, Myra Benyhill C/O Audrey Bell, whose address is 113 Hudman Dr.. Livingston. TX 77351-2486. 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] 1. 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: Ordinance No. 2003-), ~/~ge 3 . 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. 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 Mm Berryhill. C/O Audrey Bell. who resides at 113 Hudman Dr.. Livingston. TX 77351-2486 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 Myra Berryhill C/O Audrey Bell has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Myra BerIYhill C/O Audrey Bell to entirely remove or tear down such building, and further orders the said Myra Berryhill C/O Audrey Bell 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 Myra Berryhill C/O Audrey BelL by registered mail, return receipt requested. Section 8. Should the said Myra Berryhill C/O Audrey Bell. 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 Myra Berryhill C/O Audrey Bell. record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, Ordinance No. 2003- 'age 4 e and the said Board ofInspection shall carefuHy compute the cost of such removal or demolition, which cost shaH 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 HaH 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. CITY OF LA PORTE By: Mayor ATTEST: City Secretary APPROVED: City Attorney S:\CPShare\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\S06 Circle Dr ord.doc