HomeMy WebLinkAboutO-2011-3345 condemning substandard building/3246 Andricks Rd4D1! -
ORDINANCE NO.
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AN ORDINANCE DECLARING THE BUILDINGS) LOCATED AT BLK 6, LT 105,
SPENWICK PLACE S. 1 , HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE;
ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT VIRGINIA LEE
DANIEL 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 BUILDINGS) 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
Ordinance No. �4 b Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located at BLK b LT 105SPENWICK PLACE SEC. I which is further described as 3246
ANDRICKS RD. 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 2L.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, VIRGINIA LEE DANIEL , whose address is 3246 ANDRICKS RD., LA
PORTE TX 77571-3816, 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 "ADRESSEE UNKNOWN" ON
APRIL 4, 2011, 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 APRIL 25, 2011 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
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Ordinance No. 33 I ✓ Page 3
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 VIRGINIA
LEE DANIEL , who resides at 3246 ANDRICKS RD., LA TORTE TX 77571-3 816 and is the
record owner(s) of the property on which this building is situated, and that as such record
owner(s), the said VIRGINIA LEE DANIEL has been duly and legally notified of those
proceedings.
Section 5. The City Council hereby orders the said VIRGINIA LEE DANIEL to
entirely remove or demolish such building(s), and further orders the said VIRGINIA LEE
DANIEL 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 VIRGINIA LEE
DANIEL) 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
Ordinance No.33457—
Page 4
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 VIRGINIA LEE DANIEL, 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 VIRGINIA LEE DANIEL, 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 5
PASSED AND APPROVED this the 5 day of , 2011.
CIT
ATTEST:
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Patrice Fogarty, City cretary
APPR VED:
Clar T. Askins, Assist. City Attorney
ACTION OF CITY COUNCIL
On this, the day of 6�0 N , the City Secretary of the
City of LaPorte, having received the 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 82478.
CITY OF LA
TEST:
Patrice Fogartyity Secr ary
R.1 tigby, Mayor
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the day of ` 1 � 1( , I mailed a
notice to the above named owner, in connection with the above 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.
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Patrice Fog C, YAMC
City Secretary
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