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HomeMy WebLinkAboutO-1987-1575 . . /2.. ORDINANCE NO. /51~ AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 1-2, BLOCK 80,La Porte TRACT, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Joseph L. Thibodeaux IS THE RECORD OWNER 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 BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY 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 IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Sections 8-115 through 8-126 of the Code of Ordinances of the 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; and WHEREAS, Section 8-118(a) of said Sections provide that, whenever it shall come to the attention of the Board of Inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a . Page 2. Ordinance 1~7 ~ e complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that, after the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Counc il and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lots 1-2; Blk. 80, La Porte Tract, Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Sec t ion 8-117 of the Code of Ord inances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and fil ed its wr it ten report, dated November 11, 1987, find ing sa id building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, Joseph L. Thibodeaux, whose address is 323 North 5th, La Porte, Texas, 77571-3429 that a hearing as provided in Section 5 of said Ord inance would be held at 604 West Fairmont Parkway, at the Council . Page 3. Ordinance /5'1S e Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary 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 December 17, 1987, a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council 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 Counc iI, after due del iberation, and wi thin fifteen (15) days after the termination of the hear ing, is required to make its decision in writing and enter its order; and WHEREAS, City Counc il entered its order on November 24, 1987 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the rindings and orders of the City Council of the City of La Porte, and its conclusions, based upon the evidence presented at said hearing. e Page 4. Ordinance IS'1~ e Section 2. Based on the evidence presented at said hearing, the City Council 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. Section ~. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that Joseph L. Thibodeaux, who resides at 323 North 5th, La Porte, Texas, 77571-3429, is the record owner of the property on which this building is situated, and as such record owner, the said Joseph L. Thibodeaux has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Joseph L. Thibodeaux to entirely remove or tear down such building, and further orders the said Joseph L. Thibodeaux 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 Council hereby orders the Board Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or shall not be removed or deraced by any person, under penalty of law. Section 7. The City Council hereby order the City Secretary to forward a certified copy of this Ordinance, to the e . Page 5. Ordinance 15''1~ record owner of said property, the said Joseph L. Thibodeaux, by registered mail, return receipt requested. Section 8. Should the said Joseph L. Thibodeaux not comply wi th the orders conta ined in thi s Ord inance rela ting 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 said premises with such assistance as it may deem necessary, and cause the said building to be removed or demol ished without delay, and the expenses of such procedure shall be charged against the said Joseph L. Thibodeaux record owner of sa id 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. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time requ ired by law prec ed ing this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Rev i sed C i v il Statuses Annotated; and that thi s meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereor has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. e Page 6. Ordinance 1~1~- . Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 11 day of January 87. CITY OF LA PORTE ByJ(~~ Mayor ATTEST: ~~ City Secretary APPROVED: City Attorney r r ~ ,1i e e KNOX W. ASKINS, ..J. D., P. C. ATTORNEY AT LAW .JOHN 0, ARMSTRONG. .J.D. ASSOCIATE 702 W. F"AIRMONT PARKWAY P. O. BOX 1218 LA PORTE. TEXAS 77571-1218 TELEPHONE 713 471-1886 February 24, 1988 Mr. Frank Markantonis Attorney at Law 3355 West Alabama, Suite 970 Houston, Texas 77098 Re: City of La Porte Ordinance located at 323 North 5th Street, Mrs. Joseph L. Thibodeaux No. 15751 Condemnation of Property La Porte, Harris County, Texas1 Dear Mr. Markantonis: Your letter to Ms. Cherie Black, City Secretary of the City of La Porte dated February 5, 1988, has been forwarded to me for response. I have reviewed the City of La Porte's file on the matter, and find that Ordinance No. l575, passed by the City Council of the City of La Porte on January ll, 1988, is in accord with City of La Porte ordinan- ces and State Law. I am also satisfied that Mrs. Thibodeaux received appropriate notifica- tion of the public hearing held on the lIth day of January, 1988 at 6:00 p.m. in the Council Chambers at La Porte City Hall. Mrs. Thibodeaux received 'personal notification of the public hearing on December 17, 1987. In addition, notice of the public hearing was published in the La Porte Bayshore Sun on December 24, 1987 and December 30, 1987. Finally, no one at City Hall has any record or recollection of any contact with Mrs. Thibodeaux which could have indicated to her that the public hearing had been changed. Therefore, in light of the above, I am advising the City administration that Mrs. Thibodeaux had appropriate'notice of the public hearing that took place on January 11, 1988, and that I see no need, from a legal standpoint, to place this matter on our calendar for another City Council meeting. I. " e e Page 2 February 23, 1988 Mr. Frank Markantonis If you have any questions or comments, please contact the undersigned. yours, rmstrong City Attorne La Porte JDA:rad cc: Ms. Cherie Black ~ City Secretary '/ City of La Porte Mr. Joel Albrecht Director of Community Development City of La Porte Mr. Ervin L. Griffith Bldg. Official/Zoning Administrator City of La Porte Mr. Mark Lewis City Inspector City of La Porte Mr. Bob Herrera City Manager City of La Porte