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HomeMy WebLinkAboutO-2011-3335 condemning substandard building/319 Dwire Dr�ii- ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 5, LT 4, BAY OAKS ,HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT KENT M. & ELDA MAE NACOL AND KENT MARK & ELDA MAE NACOL IS 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 LaPorte, 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.� 5- Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located at BLK 5 LT 4, BAY OAKS which is further described as 319 DWIRE DR., 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 FEBRUARY 21, 2011 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, KENT M. & ELDA MAE NACOL , whose address is 9899 JULIAN WAY, UNIT C WESTMINSTER, CO 80031-3274 and KENT MARK & ELDA MAE NACOL, whose address is 319 DWIRE LA PORTE, TX 77571, that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on APRIL 25, 2011 , 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 POST OFFICE RETURNED AS "NO RECEPTACLE ON APRIL 4 2011 (DWIRE ADDRESS) AND POST OFFICE ATTEMPTED DELIVERY ON APRIL 7 2011 (JULIAN WAY ADDRESS), 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 Ordinance No. 5�� Page 3 WHEREAS, City Council entered its order on APRIL 25, 2011 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(s) to be a public nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that Kent M. & Elda Mae Nacol , who resides at 9899 JULIAN WAY UNIT C WESTMINSTER, CO 80031- 3274 and KENT MARK & ELDA MAE NACOL who resides at 319 DWIRE, LA PORTE,TX 77571 and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said KENT M. & ELDA MAE NACOL and KENT MARK & ELDA MAE NACOL have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said KENT M. & ELDA MAE NACOL and KENT MARK & ELDA MAE NACOL to entirely remove or demolish such building(s), and further orders the said KENT M. & ELDA MAE NACOL and KENT MARK & ELDA MAE NACOL 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 Ordinance No. an -5- Page 4 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 KENT M. & ELDA MAE NACOL and KENT MARK & ELDA MAE NACOL) 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 KENT M. & ELDA MAE NACOL and KENT MARK & ELDA MAE NACOL, 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 KENT M. & ELDA MAE NACOL and KENT MARK & ELDA MAE NACOL, 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. Ordinance No. Page 4 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 KENT M. & ELDA MAE NACOL and KENT MARK & ELDA MAE NACOL) 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 KENT M. & ELDA MAE NACOL and KENT MARK & ELDA MAE NACOL, 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 KENT M. & ELDA MAE NACOL and KENT MARK & ELDA MAE NACOL, 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. Ordinance No. 3 ds— Page 5 PASSED AND APPROVED this the 0�614--dy of 12011. Cl, :A f1� � ��l�f �1 .✓ parice • =' APPROVED I_ Clark T. Askins, Assist. City Attorney ACTION OF CITY COUNCIL On this, the day of J the City Secretary of the City of LaPorte, having received he above and foregoing report from the Dangerous Building Inspection Board of the City of LaPorte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of the City's Code of Ordinances Article VIII, Section 82-478. CITY ( LIM ATTEST: ah / "- -1 �0WAt&j Patrice Fogarty, 01 SecreAry CITY SECRETARY'S CERTIFICATE I hereby certify that on the ' day of , I mailed a notice to the above named owner, in connection with the'a-bcKe referenced property, said notice being in accordance with City's Code of Ordinances Article VIII, Section 82-479. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. 7r3f LA Pi .1 h, t� Patrice Fogarty, C, K4MC City Secretary S:\City Planning Share\04-INSPECTIONS DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\Action by City Council Formdoc