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HomeMy WebLinkAboutO-1979-1165 e e . ORDINANCE NO. 1165 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS THIRTY-FOUR (34) AND THIRTY-FIVE (35), BLOCK SIXTY-EIGHT (68), BAYFRONT ADDITION, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT DANIEL BURNS 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 Lots Thirty-four (34) and e Thirty-five (35), Bayfront 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 tit building to be in fact a dangerous building; . e e e . Ordinance No. 1165, Page 2 WHEREAS, City Commission received such report, and ordered notice to the record owner of said property Daniel Burns, whose address is unknown, 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 attempted to serve notice of said hearing upon said owner by registered mail, return receipt requested, but such mail was returned undelivered, and the City Clerk has served notice of said hearing upon said owner by publishing notice in the Bayshore Sun, a newspaper of general circulation in the area, on the 14th and 21st days of June, 1979, the last of which is 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, tit the City Commission hereby adopts the attached report of the Board e e . Ordinance No. 1165, Page 3 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. e Section 4. The City Commission hereby finds, determines and declares that Daniel Burns, whose residence is unknown, is the record owner of the property on which this building is situated, and that as such record owner, the said Daniel Burns, has been duly and legally notified of these proceedings. Section 5. The City Commission hereby orders the said Daniel Burns to entirely remove or tear down such building, and further orders the said Daniel Burns 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. e 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 cause to be published in the Bayshore Sun, a newspaper of general circulation in the area, notice of the passage of this ordinance, at least two (2) times within ten (10) days after the entry of this order. Section 8. Should the said Daniel Burns 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 tit said premises with such assistance as it may deem necessary, and . It - . . Ordinance No. 1165, Page 4 e cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Daniel Burns 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 made a lien thereon. hereafter assessed against the land occupied by such building, and 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. ATTEST: ~~ ~# Clty Attorney ~TY_OF~ _ J. J. Meza, M1yor e e CITY OF LA PORTE DANGEROUS DUILDING INSPECTION FORM DATE 4-26-79 . STREET ADDRESS 210 South Idaho OWNER Daniel Burns ADDRESS Unknown OCCUPANT Vacant AGENT N/A SURVEY OR SUBDIVISION Bay Front Addition BLOCK 68 LOT 34 & 3 5 ZONING R-I TYPE OCCUPANCY Residence FACILITIES AVAILABLE: WATER Yes ELECTRICAL POWER Yes SANITARY SEWER Yes GAS Yes NUMBER OF DWELLING UNITS 1 VACANT Yes OCCUPIED e 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). G o 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 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 BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND MAY CAUSE OR AID IN THE SPREM OF DISEASE OR INJURY TO THE HEALTH OF THE OCCUPANTS OF ~T OR NEIGH- BORING STRUCTURES. (4) . (SEE INSPECTION CHECKLIST ON REVERSE SIDE.WHICH IS A PART OF THIS REPORT. ) FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: It ~s the unanimous opinion of this Inspection Board, "after usinq City of La Porte Ordinance #1060 (Standard Housinq Code, 1976 Edit.ion) as its quide in makinq the inspection; that this building is in fact danqerous, not rcpairab1e, and should be demolished. This building does not provide the basic minimum housing standards dcemed essential for safe and healthful living for a residential occupancy and is' a thrent to public safety, hcnlth, and the general welfare of the citizens of La Porte. . INSPECTORS: ,,~7" ../7'" hI . /{. '.~ .:;~''''~~;.''"/ /;:;;' ~~ ~en1nmin Talburt Dui1ding Inspector &- JII/ if ~J - v- (,- {,-,/l.' Z,.., ..,..~ Paul lIicl:enbottom Asst. Fire Marshal ,- . .-., . . . , \ \ \. . e CHECK LIST ~ OJ .~ OJ ..., n1 .0 res n1 01 OJ REMARKS & OJ Or-i ~ +Jr-i OJ n1 LA PORTE ORDINANCE #1060 res res res+J lIS OJ OJ Ul (STANDARD HOUSING CODE, ~ OJ OJ ~ 1976 EDITION) H z ZH 1. Means of F.gress . X 304.4 2. Hoom SJ.zes X 305.1 3. PrJ.vacy of Bath X I 301.1 4. Privacy of Bedrooms X 305.2 5. Free of InfestatJ.ons N/A 6. Garbage Storage, X 301.7 7. Ceiling Heights X 305 3 8. Window Clearances X 304.7 9. Window Area X 304.7 10. Window Openab1e Areas X 304.10 11. lVJ.ndow Sash X 304.9 12. Screens X 304.13 13. lvindO\17 Frames X 304.7 14. Foundation X 304.1 1~. Piers X 304.1 16; Floor Praming x 304 17 17. Flooring X 304.16 18. Exterior Walls X 304.2 19. Columns X 304.17 20. Exterior Steps N/A 21. Exterior Stairs N/n 22. Roofing y ~nc1 ~ 23. Roofing Flashing y ~nc1 1 24. Roof Rafters X 304 17 25. Sheathing X 304.2 26. Exterior Doors X 304.7 27. Interior Doors No Section 28. Partitions X 304.16 29. Interior Stairs N/A 30. Ceiling Joists X 304.17 31. Hard\vare X 304.11 32. l'1echanica1 Venti1a- . . tion .. 'Not Required 33. Electric Lights X 302.4 34. Electric S\vi tches X 302.4 . 35. Elec,tr ic Outlets X 302.4 36. Electric Panel X 303.1 " 37. Heating Equipment X 303. 5 38. Sink X 301.1 39. Lavatory X 301.1 40. Water Closet X 301.1 41. Bath Tub X 301 1 42. Plumbing Drainage X 301.1 43. Bot \va ter X 301:3 44. Cold \va ter X 301.3 45. Water Heater X 301.4 46. Grass #716 - City Ordinance 47. ']' r i1 s h #716 - City Ordi,nance 48. App1J.anaes N/A 49. Furrn ture N/A 50. Automobiles N/A 51. Secondary Structure N/A CODE VIOLATION This bui1dinq does not meet the minimum stilndilrds of the 1976 Edition, Standard Housing Code, LlS outlined in the remarks section of this checklist.