HomeMy WebLinkAboutO-2017-3664 Dangerous Building 2823 S. Broadway St. #1 ORDINANCE NO. 2017-3664
AN ORDINANCE DECLARING THE COMMERICAL BUILDING LOCATED AT 0.138
ACRE TRACT DESCRIBED AS TRACTS 33B AND 34D, ABSTRACT 30, W. P. HARRIS,
HARRIS COUNTY,TEXAS,MORE COMMONLY KNOWN AS 2823 S.BROADWAY ST.#1
TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING
THAT BRETT COE,EDWARD SOLIZ,AND ABRAHAM CASTANEDA ARE THE RECORD
OWNERS OF SAID PROPERTY; ORDERING THE SAID OWNERS TO ENTIRELY
REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNERS TO
COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR
DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO
PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO
FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE
REMOVAL OF SAID BUILDING BY THE CITY OF LA PORTE IF NOT REMOVED BY
SAID OWNERS 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, creating a Dangerous Building Inspection Board (the Board) 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)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(s); and
WHEREAS, Section 82-474 (e)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(s)upon which such conclusion was based. The report shall be filed in all cases no matter
what conclusion is stated by the Board; and
Ordinance No. Page 2
WHEREAS, it has heretofore come to the attention of the Board that the commercial
building at 0.138 ACRE TRACT DESCRIBED AS TRACTS 33B AND 34D, ABSTRACT 30.,
W. P. HARRIS, HARRIS COUNTY, TEXAS, which is further described as 2823 S.
BROADWAY ST. #1.,Harris County, Texas,has become dangerous or substandard and thereby a
public nuisance, as established in Section 82-473 of the Code of Ordinances of the City of La
Porte; and
WHEREAS, said Board has heretofore made and filed its written report, dated APRIL 11.,
2016 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner of
said property that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00
PM on SEPTEMBER 12,2016,at 604 W.Fairmont Parkway,at the Council Chambers,City Hall,
City of La Porte,Texas, at which time the Council would hear further evidence for and against the
conclusions of the Board;
WHEREAS, the City of La Porte has heretofore served notice of said hearing upon said
owner(s), by posting a notice on the subject property on or about AUGUST 12, 2016; and by
registered mail, return receipt requested, which notice was shown by USPS as "notice left, no
authorized recipient available" on AUGUST 18, 2016; a date more than ten (10) days before the
date set for said hearing;
WHEREAS, on SEPTEMBER 12, 2016 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, in lieu of closing the public hearing and considering formal action to order
the condemnation of the building,the City Council voted to continue such public hearing until its
regularly scheduled meeting date on JANUARY 9, 2017;
Ordinance No. Page 3
WHEREAS, the City of La Porte served notice of the JANUARY 9, 2017 public hearing
continuation date upon said owner by registered mail, return receipt requested, which notice was
shown by USPS as delivered on DECEMBER 10 2016; a date more than ten(10)days before the
date set for said hearing;
WHEREAS, on JANUARY 9, 2017 the City Council met in regular session to complete
such public hearing, at which time evidence was presented both for and against the conclusions of
the Board, after which the public hearing was concluded;
WHEREAS,the City Council, after due deliberation, and within fifteen(15) days after the
termination of the public hearing, is required to make its decision in writing and enter its order;
and;
WHEREAS,City Council entered its order to condemn the building on JANUARY 9,2017
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 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,
being a commercial structure,to be a public nuisance, and orders such building condemned.
Section 4. The City Council hereby finds, determines and declares that BRETT COE,
EDWARD SOLIZ, AND ABRAHAM CASTANEDA are the record owners of the property on
Ordinance No. Page 4
which the aforementioned commercial structure is situated, and that as such record owners, the
said BRETT COE, EDWARD SOLIZ, AND ABRAHAM CASTANEDA have been duly and
legally notified of those proceedings.
Section 5. The City Council hereby orders the said BRETT COE,EDWARD SOLIZ,
AND ABRAHAM CASTANEDA to entirely remove or demolish such building including all
slabs, parking bays and driveways, and further orders the said BRETT COE, EDWARD SOLIZ,
AND ABRAHAM CASTANEDA to commence such removal within ten (10) days from the
effective date of this Ordinance, and to complete said removal or demolition within forty-five(45)
days from the effective date of this ordinance.
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 of said property and to any and all lienholders or
mortgagees,by registered mail,return receipt requested; file a copy of this Ordinance in the office
of the City Secretary; and,publish in the official newspaper of the city a notice containing: 1)the
street address or legal description of the property, 2) the date of the public hearing, 3) a brief
statement indicating the results of the hearing, and 4) instructions stating where a complete copy
of this Ordinance may be obtained.
Section 8. Should the said BRETT COE, EDWARD SOLIZ, AND ABRAHAM
CASTANEDA not comply with the orders contained in this Ordinance relating to the removal or
demolition of such building including all slabs,parking bays and driveways within forty-five (45)
days after hereof,then 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 record owner of said property,
and shall thereupon become a valid and enforceable personal obligation of said owner of such
Ordinance No. Page 5
premises, and the said City 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 9th day of JANUARY,2017.
CITY OF LAd ' ap • S
By:
ouis R. ' '_ Mayor
A EST:
UtUel
Patrice Fogarty, Secretaty
APPROVED:
T-
Cl k T. Askins,Assist. City Attorney