HomeMy WebLinkAboutOrd 2024-3973 - Dangerous Bldg - 119 S. 1stORDINANCE NO. 2024 - 3973
AN ORDINANCE DECLARING THE BUILDING ON LOTS 7 THORUGH 12, BLOCK 37, OF
TOWN OF LA PORTE, AN ADDITION IN HARR.IS COUNTY, TEXAS, MORE COMMONLY
KNOWN AS 119 SOUTH 1st STREET, LA PORTE, TEXAS, SAID BUILDING BEING
IDENTIFIED MORE PARTICULARLY AS ONE SINGLE FA, TO BE IN FACT A NUISANCE;
ORDERING SUCH SINGLE-FAMILY RESIDENTIAL DWELLING CONDEMNED;
FINDING THAT MARK PHU 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 BUILDINGS;
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 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
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 119 SOUTH 1 st STREET, LA PORTE, TEXAS, La Porte, Harris
County, Texas, and which is further described LOTS 7 THORUGH 12, BLOCK 37, OF TOWN
OF LA PORTE, AN ADDITION IN 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
DECEMBER 27 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 MARCH 25, 2024, 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 MARCH 11, 2024; and by registered mail,
return receipt requested, which notice was mailed on FEBRUARY 19, 2024, 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 Bay Area Observer newspaper the week of MARCH 11 2024,
and MARCH 18, 2024; and
WHEREAS, on MARCH 25, 2024, 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 public hearing, is required to make its decision in writing and enter its order;
and
WHEREAS, City Council by way of this ordinance entered its order on MARCH 25, 2024,
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 commercial
building to be a public nuisance, and orders such buildings condemned.
Section 4. The City Council hereby finds, determines and declares that MARK PHU
is the record owner 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 MARK PHU to entirely remove
or demolish such single-family residential dwelling including all slabs, parking bays and
driveways, and further orders the said MARK PHU 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 MARK PHU not comply with the orders contained in this
Ordinance relating to the removal or demolition of such commercial 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 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 25th day of MARCH 2024.
. I
CITY OF L TEXAS
By:
L ui R. Rigby,
" t)y r
APPROVED AS TO FORM:
Clark T. Askins, City Attorney