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HomeMy WebLinkAboutO-1979-1162 . e . ORDINANCE NO. 1162 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT NINE (9), BLOCK TWO (2), OAKHURST ADDITION, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT ROY RODRI- GUEZ, JR. 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 8-115 through 8-126 of the Code of Ordinances, City of La Porte, creating a Board of Inspection to be composed of . 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 Nine (9), Block Two (2), ~ Oakhurst Addition, 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 26th day of April, 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; WHEREAS, said Board of Inspection has heretofore made and filed . its written report, dated April 26, 1979, finding such said building to be in fact a dangerous building; . e e . e e Ordinance No. 1162, Page 2 WHEREAS, City Commission received such report, and ordered notice to the record owner of said property ROy ROdriguez, Jr., whose address is 16610 Larchwood, Houston, Texas 77338, that a hear- ing as provided in Section 5 of said Ordinance would be held at 7:00 P.M., on June 26, 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 hearing upon said owner, by registered mail, return receipt requested, which return receipt indicates that said owner received said notice on May 21, 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 required to make its decision in writing and enter its order; and WHEREAS, City Commission entered its order on the 11th day of July, 1979, a day which is within fifteen (15) days after the term- ination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Commission of the City of 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 e Ordinance No. 1162, 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 Roy Rodriguez, Jr., who resides at 16610 Larchwood, Houston, Texas 77338, is the record owner of the property on which this building is situated, and that as such record owner, the said Roy Rodriguez, Jr., has been duly and legally notified of these proceedings. Section 5. The City Commission hereby orders the said Roy Rodriguez, Jr. to entirely remove or tear down such building, and further orders the said Roy Rodriguez, Jr. 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 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 ROY Rodriguez, Jr., at 16610 Larchwood, Houston, Texas 77338, by registered mail, return receipt requested. Section 8. Should the said ROY ROdriguez, Jr. not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) 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 . . . Ordinance No. 1162, Page 4 against the said Roy Rodriguez, Jr., 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 18th day of July, 1979. CITY OF~ J . ~. - Me ~~. May r - ~ ATTEST: ~y~ ~Af!::n~ A - .' . CITY OF LA PORTE .-------- DANGEROUS DUILDING INSPECTION FORM DATE 4-26-79 . STREET ADDRESS 222 South "Y" Street OWNER - Roy-'Rodriquez ,--Jr. --- - ADDRESS--166rO-r:;ar'chwo'od, Houston 77338 .OCCUPANT. Vacant. ,---,-------.- -'--AGENT ..~~___,____.. _SU.RVEY OR - _, ,_. - --- --- - - .0 ,--.----- _SUBDIVISION Oakhurst Addition BLOCK --2 ..' t"OT 9 ~"- -. _... ...---------- --'-"--.--"- -_.- - - -- - ZONING R-I .- - TYPE OCCUPANCY'~'esidence FAC.ILITIES AVAILABLE:--. WATER Yes SANITARY- SEWER .- Yes ELECTRICAL POWER Yes GAS ----:--YeEf-' --- NUMBER OF DWELLING UNITS 1 .. VACANT Yes '---OCCUPIED AS REQUIRED IN CITY OF .LA PORTE ORDINANCE #1-J:45;--SECTION 8-118, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE'AFOREMENTIONED PROP- ERTY~ AND DETElli~INED 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) . e G EJ . El (3) G (4) (1) BECAUSE OF FAULTY CONSTRUCTIO~, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, 'If IS ESPECIALLY LIABLE TO FI;RE 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 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 BECAUSE OF ITS CONDITION, IT IS nANGEROUS 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. ) 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 citi- zens of La Porte. . INSP~CTORS: ~. /~ ..- ~. ... : '{::-'7',J/Jt',..,. //?'I.,./1J;/- Bcn1..lInin 'l'a1burt Building Inspector . . . . " e .. . ~ Q) .r-i Q) .v "' .0'0 nJ ~ Q) . REMARKS & Q) OM ~ ~M a) "' LA PORTE ORDINANCE #1060 '0 '0 'O~ nJ Q) Q) 11l (STANDARD HOUSING CODE, s:: Q) Q) c:: 1976 EDrrION) H Z ZH 1. Means of Egress X 304.4 2. Room Slozes O.K. 3. Prlovacy of D~th O.K. 4. Prlovacy of Bedrooms O.K. 5. Free of Infestatloons N/A 6. Garbage Storage yo ".t n, "7 7. Ceiling Heiqhts D ,lL 8. Window Clearances O.K. 9. \oJindow Area D.T<" 10. l'llondow Openable Areas O.K. 11. \'llondO\'l Sash X 304.9 12. Screens X 304.13 13. \'lindow Frames x 10A 7 4. Foundation x 30A , 5. piers X 304.1 6. Floor Framing X 304.17 17. Flooring X 304.16 r8. Exterior Walls X 304.2 19. Columns X 304.17 20. Exterior Steps yo 104 c; 21. Exterior Stairs x . 10A c; 22. Roofing y 104 1 23. Roof long Flashing yo 104 ".t 24. Roof Rafters X 1 04 '7 25. Sheathing X 104 2 26. Exterloor Doors x 304 7 27. Interloor Doors Nn ~"",..i-if"ln 28. Partitions X 3 04 , h 29. Interior Stairs N/A 30. Ceiling Joists X 304.17 31. Hard\'lare X 304.11 32. Mechanical Vent1.1a- tion 'Not Reauired 33. Electric Lights X 302.4 34. Electric S\'li tches X 302.4 35. Electric Outlets X 302.4 36. Electric Panel X 303.1 37. Heatlong Equipment X 301.5 3B. Sink X 301.1 39. Lavatory X 301.1 40. \'1 a ter Closet x 301 , 41. 13el th Tub X 301.1 42. P1umblong Drainage X 301.1 43:'"" Hot \va ter X 301.3 44. Cold \\la ter X 301.3 45. Nater Heater X 301.4 46. Grus!? ~t7 16 - City Ordinance 47. 'rrush #716 - City Ordinance liB. J\pp11oances N/A 119. l;'urrll. ture N/A 50. Automobiles N/A . 51. St~condury Structure N/A CHECK lIST . e CODE VIOL1\TION Thi.s bui1dinq does not meet the mlonlomum stand- ards of the 1976 Edition, Standard Housing Code, as outlined in the remarks section of this checklist. .