HomeMy WebLinkAboutO-2011-3344 condemning substandard building/3831 Pecan Circle�c 1—
ORDINANCE NO. 44
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 8, LT 16,
FAIRMONT PARK EAST, S. 1 , HARRIS COUNTY, TEXAS, TO BE IN FACT A
NUISANCE; ORDERING SUCH BUILDINGS) CONDEMNED; FINDING THAT
BARBARA A. GOFORTH, AND MIDLAND MORTGAGE, 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. Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located at BLK 8 LT 16 FAIRMONT PARK EAST, S. 1 which is further described as 3831
PECAN CIRCLE, 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, BARBARA A. GOFORTH , whose address is P. O. BOX 1732, LA
PORTE, TX 77572-1732, and BARBARA A. GOFORTH, whose address is 3831 PECAN
CIRCLE LA PORTE, TX 77571, and MIDLAND MORTGAGE, whose address is P. O. BOX
26648 OKLAHOMA CITY, OK 73126 , 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 "UNCLAIMED" ON APRIL 20,
2011(BOX 1732 ADDRESS) POST OFFICE RETURNED "UNCLAIMERD ON APRIL 20,
2011 (3831 PECAN CIRCLE ADDRESS) AND APRIL 4, 2011 (BOX 26648 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 NoA�)4
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 BARBARA
A. GOFORTH, who resides at P. O. BOX 1732, LA PORTE, TX 77572-1732 and BARBARA
A. GOFORTH, who resides at 3831 PECAN CIRCLE, LA PORTE, TX 77571, and MIDLAND
MORTGAGE, who resides at P. O. BOX 26648, OKLAHOMA CITY, OK 73126 and is the
record owner(s) of the property on which this building is situated, and that as such record
owner(s), the said BARBARA A. GOFORTH and BARBARA A. GOFORTH and
MIDLAND MORTGAGE have been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said BARBARA A. GOFORTH and
BARBARA A. GOFORTH and MIDLAND MORTGAGE to entirely remove or demolish such
building(s), and further orders the said BARBARA A. GOFORTH and BARBARA A.
GOFORTH and MIDLAND MORTGAGE 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. 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 BARBARA A.
GOFORTH and BARBARA A. GOFORTH and MIDLAND MORTGAGE ) 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 BARBARA A. GOFORTH and BARBARA A.
GOFORTH and MIDLAND MORTGAGE, 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
BARBARA A. GOFORTH and BARBARA A. GOFORTH and MIDLAND MORTGAGE
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,�44
Page 5
A
PASSED AND APPROVED this the day of , 2011.
CIZ
AT EST:
Patrice Fogarty, Cit ecretar
APPROVED:
Clar T. Askins, Assist. City Attorney
ACTION OF CITY COUNCIL
On this, the day of 0,0b -z! , D i I , 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 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 82-478.
CITY OF LA PO
Mayor
P EST:
J
Patrice Fogarty, Ci Secreta
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the 29J day o OI , I mailed a
notice to the above named owner, in connection with the abo 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.
,o`' o'•I� r
Patrice Fog , TRMC, C
City Secretary
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