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Home My WebLink AboutO-1980-1212 . e e ORDINANCE NO. /;b/:h AN ORDINANCE DECLARING THE BUILDING LOCATED ON LO~ TWENTY-SEVEN (27)-TWENTY-EIGHT (28) BLOCK NINTY (90), TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE: ORDERING SUCH BUILDING CONDEMNED: FINDING THATELIZABETH' PATTERSON:S THE RECORD OWNER OF SAID PROPERTY: ORDERING TH~ SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING: ORDERING THE SAID OWNER TO CO~iMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (lO) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE: ORDERING THE FIRE CHIEF TO PLACE A NOTICE ON SAID BUILDING: ORDERING THE CITY CLERK TO FORl'lARD A COpy OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER: AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Commission of the City of La Porte, passed and approved Sections 8-ll5 through 8-l26 of the Code of Ordi- . nances, City of La Porte, creating a Board of Inspection to be composed of the Building Inspector or his duly authorized repre- sentative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative: WHEREAS, such Code sections provide that, whenever it shall come to the attention of City Commission that a nuisance exists, as defined in said Ordinance, such Board shall within t~enty-four (24) hours of the receipt of such complaint make a thorough inspection of such alleged nuisance, and thereafter immediately make its report in writing as further provided in said ordinance: WHEREAS, it has heretofore come to the attention of City e Commission that the building located on Lots twenty-seven (27), twenty-eight (28) Block ninty (90), City of La Porte, Harris County, Texas, has, for the reason of neglect or misuse has been allowed to deteriorate into a cond i tion of decay' or partial ruin and become a fire hazard, and is so situated as to endanger the person and property of others: WHEREAS, City Commission heretofore, to-wit: on the 3rd day of August 1979 , ordered said Board of Inspection to make its thorough inspection of said building located on said property, and to thereafter make its report in writing, as provided in said Ordinance, of the circumstances and condition of the said . building: . . e Ordinance No. I~/;)., , Page 2. WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated August 3, 1979 , finding such said building to be in fact a dangerous building: WHEREAS, City Commission received such report, and ordered notice to the record owner of said property Elizabeth Patterson, whose address is 408 North 5th, La Porte, Tx 7757L, that a hear- . ing as provide~ in Section 5 of said Ordinance would be held at 7:00 ;P.M. ,October 3, 1979 , at the Commission Chamber, City Hall, City of La Porte, La Porte, Texas, at which time the Commis- sion would hear evidence for and against the conclusions of the Board: WHEREAS, the City Clerk has heretofore served notice of said hearing upon said owner, by registered mail, return receipt requested, which return receipt indicates that said owner received said notice onSeptember 10, 1979, a date more than ten (lO) days before the date set for said hearing: WHEREAS, at said date, time, and place, City Commission met . in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection: WHEREAS, City Commission, after due deliberation, and within fifteen (15) days after the termination of the hearing, is re- quired to make its decision in writing and enter its order: and WHEREAS, City Commission entered its order on the 17th day of October,1979 , a day which is within fifteen (l5) days after the termination of the hearing: NOW THEREFORE: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: . e . . . e e Ordinance No. /:ll.?- , Page 3. Section I. This Ordinance contains the findings and orders of the City Commission of the City of La Porte, and its conclu- sions, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the Ci ty Commission hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Commission hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Commission hereby finds, determines and declares that Eliza,be'.th Patterson, who resides at 408 North 5th La Porte, Tx.7757l , is the record owner of the property on which this building is situated, and that as such record owner, the said Elizabeth Patterson has been duly and legally notified of these proceedings. Section 5. The City Commission hereby orders the said Elizabeth Patterson to entirely remove or tear down such building, and further orders the said Elizabeth Patterson to commence such removal wi thin ten (lO) days from the effective date of this Ord inance, and to complete such removal or demol i tion of such building within a reasonable time. Section 6. The City Commission hereby orders the Fire Chief of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Commission hereby orders the City Clerk to forward a certified copy of this Ordinance, to the record . , . . e e Ordinance No. /J.,/) , , Page 4. owner of said property, the said Eliabeth Patterson, 408 North 5th, La Porte, Tx. 7757l , by reg istered mail, return receipt requested. - - Section 8. Should the said Elizabeth Patterson not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after serv ice hereof, then the Board of Inspection of the Ci ty of La Porte shall enter upon the said premises with such assist- ance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Elizabeth Patterson, record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully com- pute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made a lien thereon. Section 9. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 7~ ~ day of , 19YtJ . CITY OF LA PORTE ~~ By .~ Meza, Mayor \ -- J. J. , . e . e Ordinance No. J:J..J2.. , Page 5. ATTEST: ,/ 412it~d . APPROVED: drt <tJ ~ C1ty Attorney . . .' ~.~ -;" . . , ~.~ ,..~;:,ov:,,,,, , ,( ~ ~. . .. e .' . CITY OF LA PORTE DANGEROUS BUILDING INSPECTION FORM DATE 08-03-79 STREET ADDRESS 423 North 5th. ADDRESS 408 North 5th., La Porte, TX 77571 OWNER Elizabeth Patterso'n OCCUPANT AGENT Vacant N/A SURVEY OR SUBDIVISION ZONING La Porte 90 27-28 BLOCK LOT R-I Residence TYPE OCCUPANCY FACILITIES AVAILABLE: WATER YES YES SANITARY SEWER YES ELECTRICAL POWER YES NUHBER OF DWELLING UNITS 1 GAS VACANT . 1 OCCUPIED . AS REQUIRED IN CITY OF LA PORTE ORDINANCE #ll45, SECTION 8-1l8, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROP- ERTY~ AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE #l145, SECTION 8-ll7) . ~ (1) [J (2) EJ (3) 'EJx (4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGH- BORING STRUCTURES. ~(SEE INSPECTION CHECKLIST ON. REVERSE SIDE WHICH IS A PART OF THIS REPORT. ) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER 'REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY COL- LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR " FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: IT IS THE UNANIMOUS OPINION OF THIS INSPECTION BOARD, AFTER USING CITY OF LA PORTE ORDINANCE #1060 (STANDARD HOUSING CODE, 1976 EDITION) AS ITS GUIDE IN MAKING THE ' INSPECTION, THAT THIS BUILDING IS IN FACT DANGEROUS, NOT REPAIRABLE, AND SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT. PROVIDE THE BASIC MINIMUM HOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY, HEALTH, AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE. . INSPECTORS: ./' /!/ ~ ~/~ BENJ IN TALBURT BUILDING INSPECTOR f~~~ .4"#~ .v L. SEASE FIRE CHIEF ASST. FIRE MARSHAL