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HomeMy WebLinkAboutO-1979-1163 . . . ORDINANCE NO. 1163 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT FIVE (5), BLOCK TWELVE (12), CRESCENT SHORES, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT PERCY FOREMAN 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 Five (5), Block Twelve tit (12), Crescent Shores, 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. 1163, Page 2 WHEREAS, City Commission received such report, and ordered notice to the record owner of said property Percy Foreman, whose address is First National Life Bldg., Houston, Texas 77002, that a hearing 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. 1163, 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 Percy Foreman, whose address as listed on the tax rolls of the City of La Porte, is First National Life Bldg., Houston, Texas 77002, is the record owner of the property on which this building is situated, and that as such record owner, the said Percy Foreman, has been duly and legally notified of these proceedings. Section 5. The City Commission hereby orders the said Percy Foreman to entirely remove or tear down such building, and further orders the said Percy Foreman 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 ~he 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 Percy Foreman, at First National Life Bldg., Houston, Texas 77002, by registered mail, return receipt requested. Section 8. Should the said Percy Foreman 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 against the said . e e e Ordinance No. 1163, Page 4 Percy Foreman, 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 LA PORTE l;jy ~~ J. J. Meza, Mayor- ATTEST: ~~~ Clty C rk . ~d~ Clty Attorney . "'l ~ e CITY OF LA PonTE DANGI~nOUS DUILDING INBI1ECTION FORM e DATE 4-26-79 4It STREET ADDRESS 215 Reynolds Court OCCUPANT Vacant ADDRESS First National Life B1dq. Houston, TX 7J002 AGENT N/A OWNER Percy Foreman SURVEY OR SUBDIVISION Crescent Shores BLOCK 12 LOT 5 ZONING R-I TYPE OCCUPANCY Residence FACILITIES AVAILABLE: WATER Ye!;. SANITARY SEWER Yes ELECTRICAL POWER Yes GAS Yes NUMBER OF DWELLING UNITS 1 VACANT Yes OCCUPIED AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, 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) . e G [J G G (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 AN~ 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 BANGEROUS 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 Inspect.ion 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 dan- gerous,'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: /) /~ ' ./"".?:', ~"..#(""'~. T Denjcimin 'l'lllburt Building Inspector 6~:/ ~#~~~~(' iJ. L. Sease Fire Chief (j?wf 1/;, k t~{tnl1'-~ Paul lIickenbottom Asst. Fire Marshal . e . .. ~ G.I ..-t Q) ~ nj .ortj nj ~ Q) REMARKS & Q) O..-t Pi ~..-t Q) ItS LA PORTE ORDINANCE #1060 rtj rtj rtj~ ItS Q) Q) Ul (STANDARD HOUSING CODE, s:: Q) Q) s:: 1976 EDITION) H Z ZH 1. Means of Egress X 304.4 2. Room Sizes X 305.1 3. PrJ.vacy of Bath y ':t nl 1 4. Privacy of Bedrooms y 10r:; , 5. Pree of InfestatJ.ons N/A 6. Garbage Storage y 101 7 7. Ceiling Heights nK B. Window Clearances O.K. 9. Window Area O.K 10. \'hndow Openable Areas X 304.10 r1. l'lJ.ndow Sash X 304.9 12. Screens X 304.13 13. Windmv Frames X 304.7 14. Foundation X 304.1 15. . Piers O.K. 16. Floor Framing y 10d 17 17. Flooring y 104 1 F:; 18. Exterior Nalls X 10d 2 19. Columns X 304.17 20. Exterior Steps X 304 5 21. Exterior Stairs .'N/A 22. Roo-fing X 304.3 23. Roofing Flashing X 304.3 24. Roof Rafters X 304.17. 25. Sheathing y 10d , 26. ExterJ.or Doors y 10d 7 27. Interior Doors Nn 'n" 28. Partitions y 1nd 1 F:; 29. Interior Stairs N/A 30. Ceiling Joists y 10d 17 31. Hardware y 10d 11 32. MechanJ.cal VentJ.1a- tion . . 'No.t Reauired ., 33~ Electric Lights X 302.4 34. Electric Switches X 302.4 35. Electric Outlets X 302.4 36. Electric Panel X 303.1 37. Heating Equipment X 301.5 38. SJ.nk X 301.1 39. Lavatory X 301.1 40. \va ter Closet X 301.1 41. Bath Tub X 301 1 42. Plumbing Drainage y 101 ,1 43. Hot \\later x 301.3 44. Cold \va ter X 301.3 45. l\later Heater X 301.4 46. Grass #716 - Citv Ordinance 47. Trash ~716 - Citv Ordinance 48. ]\ppll.anCe5 N JA 49. FurnJ.turc NJ A 50. Automobiles NJ 1\ 51. Secondary Structure NI A CHECK LIST . e . CODE VIOLATION This bui1dinq does not meet the mJ.nJ.mum stand- ards of the 1976 Edition, Standard I10usinq ~odc, uS outlined in the remarks section of this checklist. ". I' .. i "' .. I "