HomeMy WebLinkAboutO-2011-3340 condemning substandard building/417 North 3rd Street�o l (-
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ORDINANCE NO.
AN ORDINANCE DECLARING THE BUILDINGS) LOCATED AT BLK 88, LTS 24-26,
LA PORTE , HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING
SUCH BUILDING(S) CONDEMNED; FINDING THAT JESSIE M. BAKER, ETAL, JESSIE
MAE BAKER, DANIEL BAKER JR., MARGO MAXINE BAKER, JOHN BARTLEY
BAKER, EUGENIE ELIZABETH BAKER, AND ISAAC BRUCE BAKER (HEIRS OF
DANIEL BAKER) 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 dirties 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
Ordinance No. aJ ib Page 2
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 at BLK 88, LTS 24-26, LA PORTE which is further described as 417 N. 3RD ST.,
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, JESSIE M. BAKER, ETAL , whose address is 227 S. BROWNELL ST.,
LA PORTE, TX 77571-5539, and JESSIE MAE BAKER DANIEL BAKER JR., MARGO
MAXINE BAKER JOHN BARTLEY BAKER EUGENIE ELIZABETH BAKER AND
ISAAC BRUCE BAKER (HEIRS OF DANIEL BAKER), whose address is 227 S. BROWNELL
ST., LA PORTE, TX 77571 and JESSIE M. BAKER, ETAL whose address is 10406
KIRKGLEN, HOUSTON, TX 77089, 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 "NOT DELIVERABLE AS
ADDRESSED -UNABLE TO FORWARD" ON MARCH 31, 2011 (EOR S. BROWNELL ST,
ADDRES#1); POST OFFICE RETURNED "NOT DELIVERABLE AS ADDRESSED -
UNABLE TO FORWARD" ON MARCH 31 201l(FOR S BROWNELL ST ADDRESS#21
and ON APRIL 5, 2011 (KIRKGLEN ADDRESS) , a date more than ten (10) days before the
date set for said hearing;
Ordinance No. N(tb
Page 3
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:
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 JESSIE M.
BAKER, ETA L, who resides at 227 S. BROWNELL ST., LA PORTE TX 77571-5539 and
JESSIE MAE BAKER, DANIEL BAKER JR., MARGO MAXINE BAKER JOHN BARTLEY
BAKER, EUGENIE ELIZABETH BAKER AND ISAAC BRUCE BAKER (HEIRS OF
DANIEL BAKER) who resides at 227 S. BROWNELL ST LA PORTE TX 77571 and
JESSIE M. BAKER, ETAL, who resides at 10406 KIRKGLEN HOUSTON TX 77089 and are
the record owner(s) of the property on which this building is situated, and that as such record
owner(s), the said JESSIE M. BAKER ETAL and JESSIE MAE BAKER DANIEL
Ordinance No. 3aqb Page 4
BAKER JR., MARGO MAXINE BAKER, JOHN BARTLEY BAKER, EUGENIE
ELIZABETH BAKER AND ISAAC BRUCE BAKER (HEIRS OF DANIEL BAKER), and
JESSIE M. BAKER, ETAL have been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said JESSIE M. BAKER, ETAL,
and JESSIE MAE BAKER DANIEL BAKER JR., MARGO MAXINE BAKER, JOHN
BARTLEY BAKER EUGENIE ELIZABETH BAKER AND ISAAC BRUCE BAKER (HEIRS
OF DANIEL BAKER and JESSIE M. BAKER, ETAL to entirely remove or demolish such
building(s), and further orders the said JESSIE M. BAKER, ETAL, and JESSIE MAE BAKER,
DANIEL BAKER JR MARGO MAXINE BAKER, JOHN BARTLEY BAKER, EUGENIE
ELIZABETH BAKER AND ISAAC BRUCE BAKER (HEIRS OF DANIEL BAKER), and
JESSIE M. BAKER, ETAL 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 _ JESSIE M. BAKER,
ETAL, and JESSIE MAE BAKER DANIEL BAKER JR., MARGO MAXINE BAKER, JOHN
BARTLEY BAKER, EUGENIE ELIZABETH BAKER AND ISAAC BRUCE BAKER (HEIRS
OF DANIEL BAKERS and JESSIE M. BAKER ETAL ) 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 JESSIE M. BAKER, ETAL, and JESSIE MAE BAKER,
DANIEL BAKER, JR., MARGO MAXINE BAKER JOHN BARTLEY BAKER, EUGENIE
ELIZABETH BAKER AND ISAAC BRUCE BAKER (HEIRS OF DANIEL BAKER), and
JESSIE M. BAKER, ETAL , not comply with the orders contained in this Ordinance relating to
Ordinance No.5 Page 5
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 JESSIE M. BAKER, ETAL, and
JESSIE MAE BAKER DANIEL BAKER JR., MARGO MAXINE BAKER, JOHN BARTLEY
BAKER EUGENIE ELIZABETH BAKER AND ISAAC BRUCE BAKER (HEIRS OF
DANIEL BAKER) and JESSIE M. BAKER, ETAL , 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 ay of 0'2011.
If
CITY OF LA
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A EST:
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Patrice Fogarty, C& Secre
APPRO ED: -�
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Clark T. Askins, Assist. City Attorney
R. Ri#b , Mayor
ACTION OF CITY COUNCIL
On this, the Q-�j -A day of , 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 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 the City's Code of Ordinances Article VIII, Section 82478.
CITY (
LIM
AT ST:
Patrice Fogarty,i Secre ary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the �i&l day of L-/) 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.
000 4.4 A
01, Patrice Fogart C, C
City Secretary
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