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HomeMy WebLinkAboutO-1980-1205 .e e e ORDINANCE NO. /.Z.tJS- AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 17-l8, BLOCK 93, LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE: ORDERING SUCH BUILDING CONDEMNED; FINDING THAT MR. WONDER SIMS IS THE RECORD m~NER 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 8-115 through 8-126 of "the Code of Ordinances, City of La Porte, creating a Board of Inspection to be composed of e the Building Inspector or his duly authorized representative, 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 Commission that the building located on LOTS l7~l8, block 93, ~ La Porte, Harris County, Texas, has, for reason of neglect or misuse has been allowed to deteriorate into a condition of decay or partial ruin and become a fire hazard, ano is so situated as to endanger the person and property of others; WHEREAS, City Commission heretofore, to-wi t: on the 5th day of September 19790rdered 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: WHEREAS, said Board of Inspection has heretofore made and filed ~ its written report, dated September 5,l97,9 finding such said building to be in fact a dangerous building; e e e Ord inance No. /)..()), Page 2 WHEREAS, City Commission received such report, and ordered notice to the record owner of said property Mr. Wonder Sims whose address is 777 South '''ft" La Porte, Tx: 77571 , that a hear- ing as provided in Section 5 of said Ordinance would be held at 7:00 P.M., November 14,1979, at the Commission Chamber, City Hall, City 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 tt hearing upon said owner, by registered mail, return receipt requested, which return receipt indicates that said owner received said notice onOctober 15,l979~ 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 (is) aays after the termination of the hearing, is required to make its decision in writing and enter its order: and e WHEREAS, City Commission entered its or.der on the 28th November 1979, , a day which is within fifteen (IS) days after the term- ination of the hearing: NOW THEREFORE: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section l. This Ordinance contains the findings and orders of the City Commission of the City o~ La Porte, and its conclusions, based upon the evidence presented at said hearing. 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. e e . Ordinance No. /:105', Page 3 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 Mr. Wonder Sims , who resides at 777. South "R", La Porte, Texas 77571 is the record owner of the property on which this building is situated, and that as such record owner, the said Mr. Wonder Sims , has been duly and legally notified of these e proceedings. Section 5. The City Commission hereby orders the said Mr. Wonder Sims to entirely remove or tear down such building, and further orders the said Mr. Wonder Sims to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal or demolition 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 affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall ttnot 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 Mr. Wonder Sims, 777 South "R", La Porte, Texas, 77571 hy registered mail, return receipt requested. Section 8. Should the said Mr. Wonder Sims not comply with the orders contained 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 the said premises with such assistance 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 e . e e e Ordinance No. /:J~'" t Page 4 against the said Mr. Wonder Sims , 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 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. PASSED AND APPROVED this the 7d day of ~I /flO CITY OF LA PORTE By~ ~.~ J. J. Me za , , l-1ayor ATTEST: e /~~@!gjM~ tk! tJ. ~ CJ.ty Attorney ~ ~' ~ ~ . . , e :.. I e - . CITY OF LA PORTE DANGEROUS BUILDING INSPECTION FORM - DNrE 09-05-79 STREErr ADDRESS 802 WEST TYLER OWNER MR. WONVER SIMS ' ADDRESS 777 S. "R~' ST., LA PORTE, TX 77571 OCCUPANT VACANT AGENT N/A SURVEY OR SUBDIVISION LA PORTE 93 LOT 1 7 -1 8 BLOCK ZONING R-I TYPE OCCUPANCY RESTVENCE FACILITIES AVAILABLE: WATER YES ELECTRICAL POWER YES SANITARY SEWER YES YES GAS VACANT . 1 OCCUPIED NUMBER OF DWELLING UNITS 1 AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-l18, 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 #1145, SECTION 8-117) . tJ GJ GJ EJ (l) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER 'REPAIR OR ANY OTHER CAUSE, ~T IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE fIAZARD; 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 FALL OF ANY PART OF SAID STRUCTURE; OR (3) 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 (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. e (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 OPINIO~ OF THIS INSPECTION BOARD, AFTER USING CITY OF LA PORTE ORDINANCE #1060 (STANVARV HOUSING COVE, 1976 EVITION) AS ITS GUIVE IN MAKING THE INSPECTION, THAT THIS BUILVING IS IN FACT VANGEROUS, NOT REPAIRABLE, ANV SHOULV BE VEMOLISHEV. THIS BUILVING VOES NOT PROVIVE THE BASIC MINIMUM HOUSING STANVARVS VEEMEV ESSENTIAL FOR SAFE ANV HEALTHFUL LIVING FOR A RESIVENTIAL OCCUPANCY ANV IS A THREAT TO PUBLIC SAFETY, HEALTH, ANV THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE. ~E::~ BEN~ TALBURT BUILVINr, INSPECTOR JtJR.IIJ~ PAUL R. HICKENBOTTOM ASST. FIRE MARSHAL R BERT CRAGER ASST. FIRE CHIEF e e \ .: . H Q} .r-! Q} +J ro .Q'O ro ~ Q} REMARKS ==' Q} 0..-1 tJ1 p:; +J..-I Q} ro LA PORTE ORDINANCE #1060 '0 '0 'O+J .' ro Q} Q} II) (STANDARD HOUSING CODE, ~ Q) Q} ~ H Z ZH 1976 EDITION) l. Means' of Egress X 304 . 1 2. Room Sizes X 305.1 3. Privacy of Bath X 305.1 4. Privacy of Bedrooms X 305.2 5. Free of InfestatJ.ons NIA 6. Garbage Storage X 301.7 7. Ceiling Heights O.K. 8. Window Clearances O.K. 9. l'V'indow Area O.K. lO. Window Openable Areas X 304. 1 0 11. Window Sash X' ~ 04 -ci l2. Screens X X 304 13 l3. Nindow Frames X 304 . 7 l4. Foundation X 304.1 ~:.~. '. 15. Piers NIA 16. Floor Framing X 304. 17 l7. Flooring X 304 . 1 6 18. Exterior Walls X 304.2 19. Columns NIA 20. Exterior Steps X 304.5 21. Exterior Stairs NIA 22. Roofing v 304 . 3 23. Roofing Flashing v . 304. 3 24. Roof Rafters v 304. 1 7 25. Shea.thing y 304.2 26. ExterJ.or Doors v 304.7 27. ' Interior Doors y NO SECn ON 28. Partitions y 304 . 1 6 29. Interior Stairs MIA 30. Ceiling Joists y 304 17 31. Hardware )( )( 304 11 32. Mechanical Ventila- tion 'MIA 33. Electric Lights y 302.4 34. Electric Switches y 302.4 . 35. Electric Outlets )( 302.4 36. Electric Panel X 303.1 37. Heating Equipment X 301. 5 38. Sink X 301.1 39. Lavatory X:' 302.1 40. Water Closet X 302.1 41. Bath Tub X ~1l1 1 42. Plumbing Drainage X ~1l1 1 43. Hot Water X ~f11 ~ 44. Cold Water X ~01 ~ 45. \~ater Heater X 301 4 46. Gra?s , . ORVINANCE #716 47. Trash ORVINANCE #116 48. ApplJ.ances X ORVINANCE #185 49. Furniture X ORVINANCE #785 50. Automobiles N/A , . 5l. Secondary Structure NIA CHECK LIST - e e CODE VIOLATION THIS BUI WING VOES NOT MEEt THE MINIMUM STANVARVS OF THE 1976,EVITION, STANDARD HOUSING COPt, AS OUILINbP IN IHt REMARKS SECTION OF THIS CHECKLIST. e