HomeMy WebLinkAboutOrd 2025-4075 Dangerous bldg. 208 S. 7thORDINANCE NO. 2025-4075
AN ORDINANCE DECLARING THE BUILDING ON LOTS TWENTY-SIX (26),
TWENTY-SEVEN (27) AND TWENTY-EIGHT (28), IN BLOCK TWENTY-NINE (29), OF
TOWN OF LA PORTE, A SUBDIVISION IN HARRIS COUNTY, TEXAS, MORE
COMMONLY KNOWN AS 208 SOUTH 7th ST., LA PORTE, TEXAS, SAID BUILDING
BEING IDENTIFIED MORE PARTICULARLY AS ONE DETACHED GARAGE
STRUCTURE, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING
CONDEMNED; FINDING THAT FEDERAL HOME LOAN MORTGAGE CORPORATION 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 82472
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 82474 (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 82474 (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 detached garage
structure located at 208 SOUTH 7th ST., La Porte, Harris County, Texas, and which is further
described as LOTS TWENTY-SIX (26), TWENTY-SEVEN (27) AND TWENTY-EIGHT (28),
IN BLOCK TWENTY-NINE (29), OF TOWN OF LA PORTE, A SUBDIVISION IN HARRIS
COUNTY, has become dangerous or substandard and thereby a public nuisance, as established in
Section 82473 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 24
2 225 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 82477 of said Ordinance would be held at 6:00
PM on JUNE 9. 2025, 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 MAY 19, 2025; and by registered mail, return
receipt requested, which notice was mailed on MAY 12, 2025, a date more than ten (10) days
before the date set for said hearing; and
WHEREAS, on JUNE 9, 2025, 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;
and
WHEREAS, the City Council terminated the public hearing during its meeting on JUNE
92025; and
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 JUNE 9, 2025, 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 detached
garage structure to be a public nuisance, and orders such buildings condemned.
Section 4. The City Council hereby fords, determines and declares that FEDERAL
HOME LOAN MORTGAGE CORPORATION is the record owner of the property on which the
aforementioned detached garage structure is situated, and that as such record owner, the said entity
has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said FEDERAL HOME LOAN
MORTGAGE CORPORATION to entirely remove or demolish such detached garage structure
including parking bays and driveways, and further orders the said FEDERAL HOME LOAN
MORTGAGE CORPORATION 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 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 FEDERAL HOME LOAN MORTGAGE CORPORATION
not comply with the orders contained in this Ordinance relating to the removal or demolition of
such building 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 9th day ofJUNE 2025.
CITY OF LA
Rick Helton,
APPROVED AS TO FORM:
Clark T. Askins, City Attorney