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Home My WebLink AboutO-1980-1214 . - , . e e ORDINANCE NO. /cZp/ AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS ELEVEN (ll) AND TWELVE (12), BLOCK FIFTY-EIGHT (58), TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE: ORDERING SUCH BUILDING CONDEMNED: FINDING THAT THE ESTATE OF W. V. SULLIVAN, C/O THOMAS H. SULLIVAN, TRUSTEE, IS THE RECORD OWNER OF SAID PROPERTY: ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING: ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE: ORDERING THE FIRE CHIEF TO PLACE A NOTICE ON SAID BUILDING: ORDERING THE CITY CLERK TO FORWARD 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 8-1l5 through 8-126 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 twenty-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 Eleven (ll) and Twelve (12), Block Fifty-eight (58), Town of La Porte, Harris County, Texas, has, for the reason of neglect or misuse has been allowed to deteriorate into a condition 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, 19 79, 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 . e . '. . e Ordinance No. ('), /1 , 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 Estate of W. V. Sullivan, c/o Thomas H. Sullivan, Trustee, whose address is 3115 West Loop South *6, Houston, Texas 77027, that a hearing as provided in Section 5 of said Ordinance would be held at 7:00 P.M. on October 3, 1979, at the Commission Chamber, City Hall, Ci ty of La Porte, La Porte, Texas, at which time the Commission 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 on September l2, 1979, a date more than ten (10) 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 3rd day of October, 1979, a day which is within fifteen (IS) days after the termination of the hearing: NOW THEREFORE: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: 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. e . e . " . . Ordinance No. / :J./1 , Page 3. Section 2. Based on the evidence presented at said hearing, the City 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 the Estate of W. V. Sullivan, c/o Thomas H. Sullivan, Trustee, who resides at 3115 West Loop South #6, Houston, Texas 77027, is the record owner of the property on which this building is situated, and that as such record owner, the said Estate of w. V. Sullivan, c/o Thomas H. Sullivan, Trustee, has been duly and legally notified of these proceedings. Section 5. The City Commission hereby orders the said Estate of W. V. Sullivan, c/o Thomas H. Sullivan, Trustee, to en- tirely remove or tear down such building, and further orders the said Estate of W. V. Sullivan, c/o Thomas H. Sullivan, Trustee, to commence such removal within ten (lO) days from the effective date of this Ordinance, and to complete such removal or demo- lition 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, insani tary condition of the building to be aff ixed 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 owner of said property, the said Estate of W. V. Sullivan, c/o . . .' . . . e Ordinance No. /;)../1 , Page 4. Thomas H. Sullivan, Trustee, at 3115 West Loop South #6, Houston, Texas 77027, by registered mail, return receipt requested. Section 8. Should the said Estate of W. V. Sullivan, c/o Thomas H. Sullivan, Trustee, not comply with the orders con- tained in this Ordinance relating to the removal or demolition of such building within ten (lO) days after service hereof, then the Board of Inspection of the City of La Porte shall enter upon t the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished with- out delay, and the expenses of such procedure shall be charged against the said Estate of W. V. Sullivan, c/o Thomas H. Sullivan, Trustee, 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 care- fully compute 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. 7d day of ~ , PASSED AND APPROVED this the 19 $"0. CITY OF LA PORTE BY= -- fi7:j J. J. Meza, Mayor -, .---- . " ~ , . I . e . e . . e Ordinance No. /)./1 ' Page 5. ATTEST: ~1i;A/ . c~ t C erk APPROVED: ~~{~ .;-.~",':''' ',' .- .. I~~ . ~ ~:~ 0: . '. . . CITY OF LA PCRTE DANGEROUS BUILDING INSPECTION FORM e DA'rE 08-03-79 STREET ADDRESS llO North 3rd. W,V. Sullivan Est. OWNERc/O Thomas H. . Sullivan, Tr. 311S West Loop South #6 ADDRESS Houston, Texas 77027 OCCUPANT Vacant N/A AGENT SURVEY OR SUBDIVISION La Porte 58 LOT ll-l2 BJ..OCK ZONING R-I Residence TYPE OCCUPANCY FACILITIES AVAILABLE: WATER YES SANITARY SEWER YES ELECTRICAL POWER YES NUMBER OF DWELLING UNITS . 1 GAS YES ol VACANT OCCUPIED . AS REQUIRED IN CITY OF LA PORTE ORDINANCE #ll45, SECTION 8-ll8, THE BOARD OF INSPECTION 11ADE 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 #ll45, SECTION 8-~l7) . e o o EJ GJ BECAUSE OF ITS CONDI'rION, IT IS DANGERflUS TO PUBLIC HEALTH AND MAY CAUSE OR AID IN THE spn:'.~o\.D OF DISEASE OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGH- BORING STRUCTURES. (1 ) 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 (2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY COL- LAPSE OR F'ALL OF ANY PART OF SAID STRUCTURE; OR (3) BECAUSE OF IT~ 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 (4) (SEE INSPECTION CHECKLIST ON REVERSE SIDE WHICH IS A PART OF THIS REPORT. ) 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 HOUSINC CODE, 1976 EDITION) AS ITS GUIDE IN MAKING THE IN- SPECTION, 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: ~.# d .~~ BEN IN TALBURl' CI BUILDING INSPECTOR /~-' :y. L, SEASE FIRE CHIEF' ~tjlftJ~ AUL R. CKEN OTTOH ASST. FIRE HARSHAL