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Home My WebLink AboutO-2012-3447 condemn 508 Donaldson St (aka S Donaldson Ave)ORDINANCE NO. X.) a - AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 33, LTS 19-26, BAYFRONT TO LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT ELMER HUGH PFEIFFER & DONNA J. PFEIFFER ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) 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(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) 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 Ordinance No. i Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located at BLK 33 LTS 19-26, BAYFRONT TO LA PORTE which is further described as 508 DONALDSON ST (AKA S. DONALDSON AVE.), 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 SEPTEMBER 12, 2012 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, ELMER HUGH PFEIFFER, whose address is PO BOX 983, LA PORTE, TX 77572-0983 and DONNA J. PFEIFFER, whose address is 2601 S BROADWAY ST.#76, LA PORTE, TX 77571, that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on NOVEMBER 12, 2012 , at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on POST OFFICE SHOWS "REFUSED / UNCLAIMED" ON OCTOBER 31 2012 (BOX 983 ADDRESS) AND POST OFFICE SHOWS DELIVERY ON OCTOBER 15, 2012 (BROADWAY ADDRESS) a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, 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 hearing, is required to make its decision in writing and enter its order; and Ordinance No. Page 3 WHEREAS, City Council entered its order on NOVEMBER 12, 2012 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 building(s) to be a public nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that ELMER HUGH PFEIFFER, who resides at PO BOX 983, LA PORTE, TX 77572-0983 and DONNA J. PFEIFFER, who resides at 2601 S BROADWAY ST.#76, LA PORTE, TX 77571 and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said ELMER HUGH PFEIFFER and DONNA J. PFEIFFER have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said ELMER HUGH PFEIFFER and DONNA J. PFEIFFER to entirely remove or demolish such building(s), and further orders the said ELMER HUGH PFEIFFER and DONNA J. PFEIFFER 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(s) to be affixed in one or more conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Ordinance No. Page 4 Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property (the said ELMER HUGH PFEIFFER and DONNA J. PFEIFFER) 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 ELMER HUGH PFEIFFER and DONNA J. PFEIFFER, not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) 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 building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said ELMER HUGH PFEIFFER and DONNA J. PFEIFFER, record owner(s) 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(s), 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. Ordinance No.�4q.l Page 5 Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of 2012. CITY OF LA A EST: r Patrice Fogarty, Secret APPROVED: ark T. Askins, Assist. City Attorney R. PJgb�, Mayor ACTION OF CITY COUNCIL On this, the day of Z , the City Secretary of the City of LaPorte, having received the above and foregoing report from the Dangerous Building Inspection Board of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of the City's Code of Ordinances Article VIII, Section 82-478. CITY C AT ST: Patrice Fogarty, SecretAry CITY SECRETARY'S CERTIFICATE I hereby certify that on the day ofI mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with City's Code of Ordinances Article VIII, Section 82-479. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. Patrice Fogarty, OA4C, MMC City Secretary SACity Planning Share\04-INSPECTIONS DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\Action by City Council Form.doc