HomeMy WebLinkAboutO-2014-3542 lots 92 & 93,blk 6,Spencer Hwy Estates,3318 Clarksville,condemned for demolitionORDINANCE NO.
AN ORDINANCE DECLARING A MOBILE HOME STRUCTURE AND TWO ACCESSORY
STORAGE BUILDINGS LOCATED ADJACENT TO SAID MOBILE HOME STRUCTURE,
ALL LOCATED ON THE SOUTWEST PORTION OF BLK 6, LT 92 & 93, SPENCER
HIGHWAY ESTATES, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE;
ORDERING SUCH BUILDINGS CONDEMNED; FINDING THAT ELISEO GUZMAN &
MARIA S. CAMPOS ARE THE RECORD OWNERS OF SAID PROPERTY; ORDERING THE
SAID OWNERS TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDINGS;
ORDERING THE SAID OWNERS 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 OWNERS; PROVIDING FOR THE REMOVAL OF SAID BUILDINGS 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 buildings; 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. C0 "°JJ40Q-1 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 buildings
consisting of 1) a mobile home structure, 2) two accessory storage buildings adjacent to said
mobile home structure, together located on the southwest portion of BLK 6, LT 92 & 93,
SPENCER HIGHWAY ESTATES which is further described as 3318 CLARKSVILLE ST.
(SECONDARY STRUCTURE ON LEFT SIDE OF PROPERTY), Harris County, Texas, have
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 AUGUST
14, 2014 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owners of
said property, ELISEO GUZMAN & MARIA S. CAMPOS, whose address is 9617 E. ANDRICKS
RD., LA PORTE, TX 77571, that a hearing as provided in Section 82-477 of said Ordinance would
be held at 6:00 PM on OCTOBER 13, 2014, 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;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon said
owners, by registered mail, return receipt requested, which return receipt indicated that said owners
received said notice on POST OFFICE MADE 4 ATTEMPTS AT DELIVERY, SIGNED FOR
SEPTEMBER 30, 2014 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, at which time the hearing was concluded;
Ordinance No.�V_ / 'W ` 01C
Page 3
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
WHEREAS, City Council entered its order on OCTOBER 13, 2014 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 - buildings,
consisting of 1) a mobile home structure, 2) two accessory storage buildings adjacent to said
mobile home structure, to be a public nuisance, and orders such buildings condemned.
Section 4. The City Council hereby finds, determines and declares that. ELISEO
GUZMAN & MARIA S. CAMPOS, who resides at 9617 EAST ANDRICKS RD., LA PORTE,
TX 77571 and is the record owners of the property on which these buildings are situated, and that
as such record owners, the said ELISEO GUZMAN & MARIA S. CAMPOS have been duly and
legally notified of those proceedings.
Section 5. The City Council hereby orders the said ELISEO GUZMAN & MARIA S.
CAMPOS to entirely remove or demolish such buildings, and further orders the said ELISEO
GUZMAN & MARIA S. CAMPOS to commence such removal within ten (10) days from the
Ordinance No.3J'_q0rL1 Page 4
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 buildings to be affixed in one or more
conspicuous places on the exterior of the 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 owners of said property (the said ELISEO GUZMAN &
MARIA S. CAMPOS) 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 ELISEO GUZMAN & MARIA S. CAMPOS, not comply
with the orders contained in this Ordinance relating to the removal or demolition of such buildings
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
ELISEO GUZMAN & MARIA S. CAMPOS, record owners 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 buildings, 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
Ordinance No. i�- CT
Page 5
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 13 -4day of 6�&� '2014.
Cl'
I:
A EST:
Patrice Fogarty, Ci ecretar
F.":•IVDI
C ark T. As 'ns, Assist. City Attorney