HomeMy WebLinkAboutO-2012-3449 condemn 303 W Polk (on same property w/115 N 2nd St)ORDINANCE NO. X I a,�CWJ
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 58, LTS 32 & 33,
LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING
SUCH BUILDING(S) CONDEMNED; FINDING THAT LOUIS SENEGAL & LOUIS
SENEGAL, ET UX — ALICE SINEGAL 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.
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located at BLK 58, LTS 32 & 33, LA PORTE which is further described as 303 W POLK ST.
(ON SAME PROPERTY WITH 115 N. 2" ST.), 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, LOUIS SENEGAL, whose address is 115 N 2ND ST., LA PORTE, TX 77571-
3433 and LOUIS SINEGAL, ET UX — ALICE SINEGAL, whose address isl 15 N 2" ST 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 "UNCLAIMED" ON OCTOBER 31,
2012 (N 2ND ST ADDRESS) AND POST OFFICE SHOWS "UNCLAIMED" ON OCTOBER
31, 2012 (N 2ND ST 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 LOUIS
SENEGAL, who resides at 115 N 2ND ST., LA PORTE, TX 77571-3433 and LOUIS SINEGAL,
ET UX — ALICE SINEGAL, who resides at 115 N 2ND ST., 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 LOUIS SENEGAL and LOUIS SINEGAL, ET UX — ALICE SINEGAL have
been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said LOUIS SENEGAL and LOUIS
SINEGAL, ET UX — ALICE SINEGAL to entirely remove or demolish such building(s), and
further orders the said LOUIS SENEGAL and LOUIS SINEGAL, ET UX — ALICE SINEGAL
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 LOUIS SENEGAL and
LOUIS SINEGAL ET UX — ALICE SINEGAL) 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 LOUIS SENEGAL and LOUIS SINEGAL, ET UX —
ALICE SINEGAL, 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 LOUIS SENEGAL and LOUIS SINEGAL, ET UX —
ALICE SINEGAL, 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.
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 1A 11ay of �� , 2012.
CITY OF LA
By:
L uis R. igb , Mayor
AT EST:
a
Patrice Fogarty, Ci ecret
Clark T. Askins, Assist. City Attorney
ACTION OF CITY COUNCIL
On this, the day of 0qQ qM 1ZA— ,`Q/. the City Secretary of the
City of La Porte, 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 OF LA POR
A ST:
Patrice Fogarty, Ci ecretary
R. Ri jbyj Mayor
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the ���day ofc-I 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, C, MYC
City Secretary
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