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HomeMy WebLinkAboutO-1980-1207 e e . ORDINANCE NO. /e;2,07 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT '25 ,BLOCK 39, CITY OF LA PORTE HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE: ORDERING SUCH BUILDING CONDEr-tNED; FINDING THAT SANDERS, & LARIMER IS THE RECORD ONNER OF SAID PROPERTY: ORDERING THE SAID OWNER TO ENTIRELY RENOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID miNER TO CONMENCF. SAID REMOVAL OR DEHOLITION WITHIN TEN (10) DAYS FROH 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 PREr-tISES 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 4It 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 lot 25, plock 39, Gity of ~La Po~te; 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, and is so situated as to: endanger the person and property of others; WHEREAS, City Commission heretofore, to-wit: on the 16th day of November 19790rdercd said Board of Inspection to make its thorough inspection of said building located on said property, and to thereafter make its rcport 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 rcport, datedNove~er l6,l97.~ finding such said building to be in fact a dangerous building; e e e>rdinance No. /:2tJJ I Page 2 WHEREAS, City Commission received such report, and ordered notice to the record owner of said property Sa~ders & Larimer whose address is P.o. Box l46, La Porte, Tx; 7757l , that a hear- ing as provided in Section 5 of said Ordinance would be held at 7:00 P.M., March l2, 1980 , 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 4Ithearing upon said owner, by registered mail, return receipt requested, which return receipt indicates that said owner received said notice onDecember 2l,l97~~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 (IS) oays 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 order on the 19th day of March, 1980, a day which is within fiftecn (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 or 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 e>rdinance No.//)..o1, 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 Sanders & Larimer, who resides at p,O. Box 146, La Porte, Texas 7757~ is the record owner of the property on which this building is situated, and that as such record owner, the said Sanders & Larimer, has been duly and legally notified of these . proceed ing s . Section 5. The City Commission hereby orders the said Sanders & Larimer to entirely remove or tear down such building, and further orders the said Sanders & Larimer 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 ~ot 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 Sanders & Larimer, P.O. Box 146, La Porte, Texas 77571, by registered mail, return receipt requested. Section 8. Should the said Sanders & Larimer 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 Ord inance No. J'ao1' 1 Page 4 against the said Sanders & Larimer, 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 ~, /Pt!'tJ CITY OF LA PORTE ar ~. J. ~-M::~r~ ATTEST: . 6#1~~~t-A~) C Y C erk ~ '.1d{A/ , Oftty Attorney , .-- / '" " ~,"" .... ." " .. . . e CI'I'Y OF LA PORTE DANGEROUS BUILDING INSPECTION FORM ~ DATE 11-l6-79 STREET ADDRESS llO S. 2nd OWNER Sanders & Larimer ADDRESS P.O. Box 146 La Porte OCCUPANT Vacant N/A AGENT SURVEY OR SUBDIVISION La-Porte LOT 25 BLOCK 39 ZONING c TYPE OCCUPANCY Mercantile SANITARY SEWER Yes GAS Yes VACANT 1 OCCUPIED e AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, 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 #ll45, SECTION 8-1l7). G o EJ EJ (I) 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 FALL OF ANY PART OF SAID STRUCTURE; OR (3) BEC1\USE 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 OPINION OF THIS INSPECTION BOARD, AFTER USING CITY OF LA PORTE ORDINANCE #I060 (STANDARD HOUSING CODE, 1976 EDITION) AS ITS GUIDE IN MAKING THE INSPECTION, THAT THIS BUILDING IS IN FACT DANGEROUS BUT STILL REPAIRABLE. AL REPAIRS OR ALTERATIONS REQUIRED TO BE DONE SHALL BE DONE IN ACCORDANCE WITH ALT... CITY OF LA PORTE CODES AND UKU1NAN~~~ A~~L1CABLE. IF THE ~EPAI~5 O~ ALTERATIONS ORDER IS NOT cnMPT,TF.n TJT'T'H tJT'T'HTN 'T'HR 'T'H,1RTA'BLE SET OUT IN CITY OF LA PORTE ORDINANCE #1145, IT IS THEN THE UNANIMOUS OPINION OF THIS INSPECTION BOARD THAT THIS BUILDING BE DEMOLISHED. n::~..~ ~/?,,~~ Paul R. Hickenbottom Asst. Fire Marshal David Paulissen Building Inspector' /-/~:tS. ~ ;(L. Sease Fire Chief e , r. .. ;. I-l Q) 'M Q) +J m .0'0 m Ol Q) REMARKS ~ Q) OM tJ1 ll:: +JM Q) m LA PORTE ORDINANCE #1060 I~ '0 'O+l Q) , Q) lJ) (STANDARD HOUSING CODE, Q) Q) ~ 1976 EDITION) H Z ZH l. Means of Egress x 304.4 2. Room Sl.zes OK 3. Privacy of Bath OK 4. Privacy of Bedrooms ~. A.. 5. Free of Infestatl.ons N A 6. Garbage Storage X 31}1. / 7. Ceiling Heights OK 8. Window Clearances X 3U4. / 9. Window Area X jU4. / 10. Window Openab1e Areas X 304.l0 11. Window Sash X jU4.'j l2. Screens X .:W4. .l,j l3. Window Frames X .304.7 l4. Foundation X ').n/, 1 lS. Piers X ').n/, 1 l6. Floor Framing X 'H'lL.. 1 7 l7. Flooring X' 'HI L.. 1 h 18. Exterior Walls X 'HM.. ~ 19. Columns N/A 20. Exterior Steps oj( 21. Exterior Stairs N1A 22. Roofing OK 23. Roofing Flashing ,OK 24. Roof Rafters OK 25. Sheathing OK 26. Exterior Doors v 304.7 27. Interior Doors OK 28. Partitions OK- 29. Interior Stairs N-'A 30. Ceiling Joists OK 31. Hard\vare OK 32. Mechanical Ventila- tion N1A 33. Electric Lights OK 34. Electric Switches OK 35. Electric Outlets OK 36. Electric Panel OK 37. Heatl.ng Equipment v 301. 5 38. Sink OK 39. Lavatory OK 40. Water Closet OK 41. Bath Tub NfA 42. Plumbing Drainage OK 43. - .. 301. 3 Hot Water 'Y 44. Cold ~~ater x 301. 3 45. Water Heater x 3Ul. 4 46. Grass UKlJ 1,~ /1.0 47. Trash Olm :f/:71 h 48. Appll.ances X O'Rn dl: 7 P. r; 49. Furniture X m~n JI:7p.r; 50. Automobiles 10-.1/ A Sl. Secondary Structure N'/A CHECK LIST e, . e CODE VIOLATION This building does not meet the m1n1mum standards of the 1976 Edition, Standard Housin~ Code, as outlined in the remarks section of t is checklist. e