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HomeMy WebLinkAboutO-1979-1145 . . e ORDINANCE NO. 1145 AN ORDINANCE AMENDING PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE CONCERNING DANGEROUS BUILDINGS; PROVIDING FOR A BOARD OF INSPECTION: DECLARING A DANGEROUS BUILDING TO BE A NUISANCE AND HAZARD; PROVIDING FOR NOTICE AND HEARING CONCERNING A BUILDING DEEMED DANGEROUS; PROVIDING FOR THE REMOVAL OR REPAIR OF A DANGEROUS BUILDING; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section I. section 8-115 of the Code of Ordinances, City of La Porte, Texas, is hereby amended to read as follows: "Section 8-115. Definitions. :. "For the purposes of this article, the following definitions shall apply: "Board. The term 'Board' shall mean the Board of Inspection created by Section 8-116. "Building. The term 'Building' shall mean any structure which has enclosing walls for fifty per cent (50%) of its perimeter and which was built for the support, shelter, or enclosure of persons, animals, chattels or property of any kind. The term 'building' shall be construed as if followed by the words 'or part thereof'. For the pur- pose of this Article, each portion of a building separated from other portions by a fire wall shall be considered a separate building. "Building Code. The term 'Building Code' shall mean the building code of the City as is now exists and as it may hereafter from time to time be amended. e "Building Official. The term 'Building Official' shall mean the officer charged with the administration and enforcement of this ordinance. "Dangerous Building. The term 'Dangerous Building' shall mean any Dilapidated Building or any Substandard Building. "Dilapidated Building. The term 'Dilapidated Building' shall mean a building which by reason of neglect or mis- use has been allowed to deteriorate into a condition of decay or partial ruin. "Owner. The term 'Owner' shall mean the record title holder of the building, his duly authorized agent or attorney, a purchaser, devisee, fiduciary, and a person having a vested or contingent interest in the property in question. . "Substandard Building. The term 'Substandard Building' shall mean a building which by reason of faulty construction, age or lack of repair, fails to meet the minimum construction standards imposed by applicable provisions of the Southern Standard Housing, Building, Plumbing Codes, and the La Porte Fire Code heretofore duly adopted by the City of La Porte by its Code of Ordinances, and as such may hereafter from time to time be amended." . e e e . . Ordinance No. 1145 , Page 2. Section 2. Section 8-116 of the Code of Ordinances, City of La Porte, Texas, is hereby amended to read as follows: "Section 8-116. Board of inspection created; composition of Board. "There is hereby created a Board of Inspection to be composed of the building inspector, or his duly author- ized representative, the fire chief, or his duly author- representative, and the fire marshal, or his duly author- ized representative." Section 3. Section 8-117 of the Code of Ordinances, City of La Porte, Texas, is hereby amended to read as follows: "Section 8-117. Declaration of Nuisance and Hazard. "A Dangerous Building is hereby declared to be and constitute a nuisance. A Dangerous Building shall be deemed to constitute a hazard to the health, safety and welfare of the citizens of the City of La Porte when anyone or more of the following cir- cumstances shall occur: "(1) Because of faulty construction, age, lack of proper repair or any other cause, it is especially liable to fire and constitutes or creates 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 a collapse 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 fre- quented by malefactors or disorderly persons who are not lawful occupants of said structure; or "(4) Because of its condition, it is dangerous to the public health and may cause or aid in the spread of disease or injury to the health of the occupants of it or neighboring structures." Section 4. Section 8-121 of the Code of Ordinances, City of La porte, Texas, is hereby amended to read as follows: "Section 8-121. ~earing. "Whenever the Board finds that a building is a Dangerous Building, the City Commission shall conduct a hearing on such finding at its regular meeting place in City Hall, at a time which is at least ten (10) days after perfection of service of the notice to the Owner in accord with Section 8-119. The Commission shall hear evidence for and against the conclusions of the Board. Such hearing shall be continued from day to day until all evidence offered by the City or the Owner shall have been received." . e e Ordinance No. 1145 , Page 3. Section 5. Section 8-122 of the Code of Ordinances, City of La Porte, Texas, is hereby amended to read as follows: "Section 8-122. Decision of commission; order to repair or remove generally. e "Within fifteen (15) days after the termination of the hearing provided for under this article, the City Commission shall make its decision in writing setting out the facts upon which it based its opinion. If its decision is in favor of the findings of the Board to the effect that the building is in fact a Dangerous Building, its order shall be to the effect that such building is in fact a Dangerous Building and is a nuisance and a hazard and that it is, by such order, condemned. The order shall further require, as the facts may justify, that the Owner shall either repair such building in compliance with the Building Code of the City, or that the Owner shall entirely remove or tear down such building, and that such repairs or removal shall be commenced within ten (10) days from the date of such order and be completed within a reasonable time." Section 6. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordi- nance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Commission to 4It have passed each section, sentence, phrase or clause,. or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 7. All ordinances or part of ordinances in conflict herewith are repealed to the extent of such conflict only. Section 8. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each day any violation of this ordinance shall continue shall e constitute a separate offense. . e - Ordinance No. 1145 , Page 4. Section 9. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Clerk shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED, this the 21st day of February, e 1979. CITY o~ J. J. Me za, May r- B1' ATTEST: ~~ ~/'~ Clty ~k . AP~~.~ City Attorney .