HomeMy WebLinkAboutO-2022-3900 - condemn 2410 and 0 Sens RoadORDINANCE NO. 2022 -3900
AN ORDINANCE DECLARING BUILDINGS LOCATED AT TRACTS 1A AND 111, LA
PORTE OUTLOTS HARRIS COUNTY TEXAS MORE COMMONLY KNOWN AS 2410
SENS RD. AND 0 SENS RD., LA PORTE, TEXAS, SAID BUILDINGS BEING
IDENTIFIED AS ONE PRIMARY RESIDENTIAL DWELLING AND ONE ACCESSORY
GARAGE STRUCTURE, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDINGS CONDEMNED; FINDING THAT CHARLES C. HINDS IS THE RECORD
OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY
REMOVE OR TEAR DOWN SUCH BUILDINGS; ORDERING THE SAID OWNER 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 FORTY-FIVE (45) DAYS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS
BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDINGS;
ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE
TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID BUILDINGS BY THE
CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER 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
WHEREAS, it has heretofore come to the attention of the Board that the primary residential
dwelling and accessory garage structure located at TRACTS 1 A AND 1 B, LA PORTE OUTLOTS,
HARRIS COUNTY, TEXAS, and which is further described as 2410 SENS RD. AND 0 SENS
RD., Harris County, Texas, have 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 MARCH 29, 2022
finding such building to be in fact a dangerous building; and
WHEREAS, City Council received such report, and ordered notice to the record owner of said
property that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM
on NOVEMBER 14, 2022, at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City
of La Porte, Texas, at which time the Council would hear further evidence for and against the
conclusions of the Board; and
WHEREAS, the City of La Porte has heretofore served notice upon said owner(s), by posting a
notice on the subject property on or about OCTOBER 31 2022; and by registered mail, return
receipt requested, which notice was mailed on OCTOBER 28, 2022, a date more than ten (10)
days before the date set for said hearing; furthermore, notice of the aforementioned public hearing
date was published in the newspaper; and
WHEREAS, at said date, time, and place, City Council met in regular session to conduct such
public hearings, at which time evidence was presented both for and against the conclusions of the
Board, at which time the hearing was concluded; and
WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the
termination of the NOVEMBER 14, 2022, hearing, is required to make its decision in writing and
enter its order; and
WHEREAS, City Council entered its order on NOVEMBER 14, 2022, 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 buildings, one primary
residential dwelling and one accessory garage structure, to be a public nuisance, and orders such
buildings condemned.
Section 4. The City Council hereby finds, determines and declares that CHARLES C. HINDS
is the record owner of the property on which the aforementioned buildings are situated, and that
as such record owner, the said individual has been duly and legally notified of those proceedings.
Section S. The City Council hereby orders the said CHARLES C. HINDS to entirely remove
or demolish said primary residential structure and accessory garage structure, including all slabs,
parking bays and driveways, and further orders the said CHARLES C. HINDS to commence such
removal within ten (10) days from the effective date of this ordinance, and to complete said
removal or demolition within forty-five (45) 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 to be affixed in one or more conspicuous
places on the exterior of said buildings, 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 of said property 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 CHARLES C. HINDS not comply with the orders contained in this
ordinance relating to the removal or demolition of such buildings including all slabs, parking bays
and driveways within forty-five (45) days after hereof, then the City of La Porte shall enter upon
the said premises with such assistance as it may deem necessary, and cause the said buildings to
be removed or demolished without delay, and the expenses of such procedure shall be charged
against the said record owner of said property, and shall thereupon become a valid and enforceable
personal obligation of said owner of such premises, and the said City shall carefully compute the
cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied
by such building, 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 141" day of November 2022.
ATTEST:
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CITY OF LA PORTE, TEXAS
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APPROVED:
Clark Askins, Assistant City Attorney