HomeMy WebLinkAboutO-2022-3905 - condemn 3317 BernardORDINANCE NO.2022-3905
AN ORDINANCE DECLARING BUILDING LOCATED AT LOT SIXTY-ONE (61).
BLOCK FIVE (5), SPENCER HIGHWAY ESTATES, HARRIS COUNTY, TEXAS, MORE
COMMONLY KNOWN AS 3317 BERNARD, LA PORTE, TEXAS, SAID BUILDING
BEING IDENTIFIED AS ONE PRIMARY RESIDENTIAL DWELLING, TO BE IN FACT
A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT
SHIRLEY MORGAN IS THE RECORD OWNER OF SAID PROPERTY; ORDERING
THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING;
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 BUILDING; ORDERING THE CITY SECRETARY TO FORWARD
A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL
OF SAID BUILDING 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 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
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WHEREAS, it has heretofore come to the attention of the Board that the primary residential
dwelling located at LOT SIXTY-ONE (61), BLOCK FIVE (5), SPENCER HIGHWAY
ESTATES, HARRIS COUNTY, TEXAS, and which is further described as 3317 BERNARD, La
Porte, Hams 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 LaPorte; and
WHEREAS, said Board has heretofore made and filed its written report, dated APRIL 5, 2022
finding such building to bel in fact a dangerous building; and
WHEREAS, City Counci received such report, and ordered notice to the record owner of said
property that a hearing as r rovided in Section 82-477 of said Ordinance would be held at 6:00 PM
on NOVEMBER 14, 2022,I at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City
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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 t�me evidence was presented both for and against the conclusions of the
Board, at which time the h�aring 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 I. 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, one primary
residential dwelling, to be a public nuisance, and orders such building condemned.
Section 4. The City Council hereby finds, determines and declares that SHIRLEY MORGAN
is the record owner of the property on which the aforementioned primary residential
dwelling is situated, and that as such record owner, the said individual has been duly
and legally notified of those proceedings.
Section 5. The City Council hereby orders the said SHIRLEY MORGAN to entirely remove or
demolish such aforementioned primary residential dwelling, including all slabs,
parking bays and driveways, and further orders the said SHIRLEY MORGAN 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 building, 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 I 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 slating where a complete copy of this ordinance may be obtained.
Section 8. Should the sand SHIRLEY MORGAN not comply with the orders contained in this
ordinance reh iting 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
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La Porte shII enter upon the said premises with such assistance as it may deem
necessary, and cause the said building to be removed or demolished without delay,
and the expenses of such procedure shall be charged against the said record owner of
said property,i and shall thereupon become a valid and enforceable personal obligation
of said ownex 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 Cotil 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 atja 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 furtherI ratifies, approves and confirms such written notice and the contents
posting ostin
and thereof
Section 10. This ordinance shall take effect and be in force from and after its passage and
approval.
PASSED AND APPROVED this 141" clay of November 2022.
APPROVED:
Clark Askins, Assistant City Attorney