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Home My WebLink AboutO-2009-3165 Public hearing left open 60days ORDINANCE NO. 2009- 3/ [j, c; AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Elk 9t Lots 17, 18, La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley, ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) 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 THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS 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, 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 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located on Elk 91 ~ Lots 17, 18, La Porte, which is further described as 401 N 6th Street, Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a Ordinance No. 2009- Page 2 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; and WHEREAS, said Board has heretofore made and filed its written report, June 26, 2009 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, George Eugene Riley, whose address is 904 S Kansas St.; La Porte, TX 77571- 5808 and Eugenia Mae Riley c/o George Eugene Riley, whose address is 904 S Kansas St.; La Porte, TX 77571-5808, that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on August 10,2009 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 notices were "undelivered", Post Office attempted (2) deliveries by 7-22-09 (George E. Riley) & Post Office attempted (2) deliveries by 7-23-09 (Eugenina M. Riley % George E. Riley), 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; 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 October 12,2009 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: Page 3 Ordinance No. 2009- 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(s) to be a nuisance, and orders such building( s) condemned. Section 4. The City Council hereby finds, determines and declares that George Eugene Riley, who resides at 904 S Kansas St.: La Porte, TX 77571-5808 and Eugenia Mae Riley c/o George Eugene Riley, who resides at 904 S Kansas St.: La Porte, TX 77571-5808 and are the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley to entirely remove or tear down such building(s), and further orders the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) 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(s) to be affixed in one or more conspicuous places on the exterior of the building(s), 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 George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley, by registered mail, return receipt requested. Ordinance No. 2009- Page 4 Section 8. Should the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) 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(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley, 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 the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), 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 day of , 2009. CITY OF LA PORTE By: Mayor ATTEST: City Secretary APPR~7 ~ City Attorney (/) -i-i I:AJ -omc C)>nc OJc-i-o IG)CO nc~~ I(/)(/)~ -i m ~~~o :AJOOJz .... 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