HomeMy WebLinkAboutO-2015-3608 condemnation of 4 multi-family apartment buildings and 1 laundromat building at 330 Bayside Dr./Windsail Bay Apts. ORDINANCE NO.
AN ORDINANCE DECLARING BUILDINGS LOCATED AT SOUTH PORTION OF LOT
SEVEN (7) AND ALL OF LOTS EIGHT (8) NINE (9), AND TEN (10), BLOCK 1, REPLAT
OF BAYSIDE TERRACE LA PORTE, HARRIS COUNTY, TEXAS, MORE COMMONLY
KNOWN AS 330 BAYSIDE DR., SAID BUILDINGS BEING IDENTIFIED AS FOUR (4)
MULTIFAMILY APARTMENT BUILDINGS, AND ONE (1) LAUNDROMAT BUILDING,
TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDINGS INCLUDING THE
FOUNDATION, DRIVEWAYS, AND SIDEWALKS AND ALL OTHER APPURTENANCES
CONSISTING OF CONCRETE OR OTHER BITUMINOUS MATERIAL ASSOCIATED
WITH SUCH BUILDINGS CONDEMNED; FINDING THAT SUZAN RECTOR IS THE
RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY
REMOVE OR TEAR DOWN SUCH BUILDINGS; 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 BUILDINGS 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 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
Ordinance No. Page 2
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 four (4) multifamily
apartment buildings and one (1) laundromat building, including the foundation, driveways,
sidewalks and all other appurtenances consisting of concrete or other bituminous materials
associated with the aforementioned buildings located at SOUTH PORTION OF LOT SEVEN
(7), AND ALL OF LOTS EIGHT (8), NINE (9), AND TEN (10), BLOCK 1, REPLAT OF
BAYSIDE TERRACE LA PORTE, HARRIS COUNTY, TEXAS, more particularly described
on Exhibit A, attached hereto and incorporated by reference for all purposes, said buildings being
collectively situated at 330 BAYSIDE DR., 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
SEPTEMBER 23, 2015 finding such multifamily apartment buildings and laundromat building
to be in fact dangerous buildings;
WHEREAS, City Council received such report, and ordered notice to the record owner of
said property, SUZAN RECTOR, that a hearing as provided in Section 82-477 of said Ordinance
would be held at 6:00 PM on OCTOBER 26, 2015, 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 of La Porte has heretofore served notice of said hearing upon the
said SUZAN RECTOR, by 1) hand delivery to SUZAN RECTOR on OCTOBER 13, 2015; 2)
posting a notice on the subject property on SEPTEMBER 24, 2015; and 3) by sending notice by
registered mail, return receipt requested, sent to the subject property address, on OCTOBER 13,
2015; a date more than ten(10) days before the date set for said hearing;
Ordinance No. Page 3
WHEREAS, at said date,I 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;
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 26, 2015 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,
being four (4) multifamily apartment buildings and one (1) laundromat building, including the
foundation, driveways, sidewalks and all other appurtenances consisting of concrete or other
bituminous materials associated with the aforementioned buildings, to be a public nuisance, and
orders such buildings condemned.
Section 4. The City Council hereby finds, determines and declares that SUZAN
RECTOR, is the record owner of the property on which the aforementioned multifamily
Ordinance No. Page 4
apartment buildings and laundromat building 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 SUZAN RECTOR, to entirely
remove or demolish such multifamily apartment buildings and laundromat building, including
the foundation, driveways, sidewalks and all other appurtenances consisting of concrete or other
bituminous materials associated with the aforementioned buildings and further orders the said
SUZAN RECTOR, 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 the multifamily apartment buildings and laundromat
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 (the said SUZAN RECTOR) 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 SUZAN RECTOR, not comply with the orders contained
in this Ordinance relating to the removal or demolition of such multifamily apartment buildings
and laundromat building including the foundation, driveways, sidewalks and all other
appurtenances consisting of concrete or other bituminous materials associated with the
aforementioned 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
' Ordinance No. Page 5
multifamily apartment buildings and laundromat building including the foundation, driveways,
sidewalks and all other appurtenances consisting of concrete or other bituminous materials
associated with the aforementioned buildings to be removed or demolished without delay, and
the expenses of such procedure shall be charged against the said SUZAN RECTOR, the 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 �day of � , 2015.
92&
CITY OF LA O _ EXAS
By:
L uis R. �ob , Mayor
A TEST:
Chi
Patrice Fogarty, Ci ecreta
Ordinance No. Page 6
APPROVED:
1Z tfA 11Z
Clark T. Askins, Assist. City Attorney
DESCRIPTION of a 0.7854 core .(34.210 square feet) tract of lana out
of Slock i of a RapSat of Bayside Terrace recorded In Volume 86.
Pogo 19. Map Records, Harris Counter. Texas. being the south portion
a+ Lot Seven (7) and a 1 I of Lots E i ght (8). Nine (91. and Ten (10)
of said Block 1. described as Traci- II In a Substitute Trustee's
Deed to Continental Savings Association recorded in Clerk's File
No. LSIBT62. and being more particularly de§ribed by metes and
bounds as fo I I ows;
COI NCING at a 518 inch iron rod -Found at ;she gouthwast corner of r
Reserve 'A' ,of said Sayside Terrace, of the northeast Corner of the
intersoction of Bayside Drive with Spur 501 (Old State Highway No.
-THENCE Scut:- SS degrees 54 MiMtas 00 seconds East. 295.00 feet
olonC 'the south I i ne of said Reserve 'A' CnC the north line of
Bayside Drive to a point at the northeast corner of the
intersecTion of gcysioa Drive with rc1:\ Court. at the southwest
corner of Lot 9. S 1 ock 1 . for ftse southwest corner cnd P0114T OF
BEGINNING of tnis tract. fr= %Mich c fCund 5/9 inch iron rod bears
South 44 delta ees frost. 0.7 Teat;
THE:NCS Norm 00 degrees 16 minutes 00 seconds West, 175.07 feet
aIongf the east I i.ne o: Folk'Court to en "%" cut in cpncreta found
in a i,-o l•-de—scc curve concave northwest for Corner;
TK---i:CE a I cn—C c c4rve to the I eft. rad i us = $0,00 feet. de 1 to = 45
degrees.39 minutes 40 seconds, arc length = 39.85 fest. chord =
North 29 degrees 59 minutes 16 seconds Ecs., 38.80 feet to an "x"
cut in concrete found at a corner of the Max Goldberg 1.446 acre
tract recorded in-Clerk's F i I a No. N463341 . for the northwest
corner of this tract;
THENCE South 89 degrees 49 minutes 03 seconds East, 106.46 feet
across Lot 7. and c l on+g the common line of this tract and said
Goldberg tract to c 5l8 inch iron rod found in a curve concave
northeast. for the northeast corner of this tract:
THENCE• a I ong a curve to the 1 eft. rad i Us = 1870.00 feet, de i to lib
degrees 55 minutes 12 seconds, arc Length = 225.86 feet. chard
South 2,2 degrees 23 ,Ininutes 18 seconds East. 227.72 feet to a 5/8
Inch iron rod found at the northwest corner of the intersection of
HumphreviIIa and Bays iOe Orive. for the 6outhecs+ corner of this
tract;
THENCE North 89 degrees 54 minutes 00 seconds Blest. 211.01 feet
along trio north tine of Bayside Orive to the POINT OF BEGINNING
containing 0.7854 acres of land.
EXHIBIT A