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Home My WebLink AboutO-2023-3932ORDINANCE NO. 2023 -3932 AN ORDINANCE DECLARING THE BUILDING ON NORTHEASTERLY 62.50 FEET OF LOT 19 AND 20, BLOCK 9, SYLVAN BEACH FIRST SUBDIVISION, HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN AS 226 S. BAYSHORE DR., LA PORTE, TEXAS, SAID BUILDING BEING IDENTIFIED MORE PARTICULARLY AS ONE SINGLE-FAMILY RESIDENTIAL DWELLING, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT AARON CASTANEDA AND LISA CASTANEDA ARE THE RECORD OWNERS OF SAID PROPERTY; ORDERING THE SAID OWNERS 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 OWNERS; PROVIDING FOR THE REMOVAL OF SAID BUILDING BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNERS 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 Ordinance No. 2023-3932 Page 2 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 single-family residential dwelling located at 226 S. BAYSHORE DR., LA PORTE, TEXAS, La Porte, Harris County, Texas, and which is further described as NORTHEASTERLY 62.50 FEET OF LOT 19 AND 20, BLOCK 9, SYLVAN BEACH FIRST SUBDIVISION, 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 LaPorte; and WHEREAS, said Board has heretofore made and filed its written report, dated JANUARY 18, 2023, 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 MAY 22, 2023, 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 APRIL 11, 2023; and by registered mail, return receipt requested, which notice was mailed on APRIL 11, 202311 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, on MAY 22, 2023, 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; Ordinance No. 2023-3932 Page 3 WHEREAS, in lieu of closing the public hearing and considering formal action to order the condemnation of the building, the City Council voted to continue such public hearing until its regularly scheduled meeting date on SEPTEMBER 11, 2023; WHEREAS, at its meeting on SEPTEMBER 11, 2023, in lieu of closing the public hearing and considering formal action to order the condemnation of the building, the City Council voted to continue such public hearing until its regularly scheduled meeting date on SEPTEMBER 25, 2023; WHEREAS, at its meeting on SEPTEMBER 25, 2023, in lieu of closing the public hearing and considering formal action to order the condemnation of the building, the City Council voted to continue such public hearing until its regularly scheduled meeting date on OCTOBER 23, 2023; WHEREAS, on OCTOBER 23, 2023, the City Council met in regular session to complete such public hearing, at which time evidence was presented both for and against the conclusions of the Board, after which the public hearing was concluded; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the public hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on OCTOBER 23, 2023, 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 LaPorte, based upon the evidence presented at said hearing. Ordinance No. 2023-3932 Page 4 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 single-family residential dwelling to be a public nuisance, and orders such buildings condemned. Section 4. The City Council hereby finds, determines and declares that AARON CASTANEDA AND LISA CASTANEDA are the record owners of the property on which the aforementioned single-family 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 AARON CASTANEDA AND LISA CASTANEDA to entirely remove or demolish such single-family residential dwelling including all slabs, parking bays and driveways, and further orders the said AARON CASTANEDA AND LISA CASTANEDA to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within forty -live (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. Ordinance No. 2023-3932 Page 5 Section 8. Should the said AARON CASTANEDA AND LISA CASTANEDA not comply with the orders contained in this Ordinance relating to the removal or demolition of such building 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 5 51, 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 23rd day of OCTOBER 2023. CITY OF LA RTE, TEXAS By: Ki L uis . Rigby,/iv1 or Ordinance No. 2023-3932 Page 6 F LQ%x�\� • so • '/� ,1 tTT ST: •.•• �I (7tu key Woodw AoCity t ry AOF 1 • .G ^ •.. mass•••'( \, ••I \\�COUNT I;,.="" APPROVED AS TO FORM: Clark T. Askins, City Attorney