HomeMy WebLinkAboutO-1987-1576
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ORDINANCE NO. 1~-7"
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 9-10, BLOCK
89,La Porte TRACT, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE
IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING
THAT Alvin Mayshaw 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, Sec tion 8-118 (a) of sa id Sec tions prov ide 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
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compla int of any c it i zen of the City or of the City Counc iI,
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 Ci ty
Council 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 9-10; Blk.
89, 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 Sect 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
filed its written report, dated November 11, 1987, finding said
building to be in fact a dangerous building;
WHEREAS, City Counc il rece i ved such report, and ordered
not ice to the record owner of sa id property, Al v in Mayshaw,
whose address is 422 N. 4th, La Porte, Texas 77571 that a
hearing as provided in Section 5 of said Ordinance would be held
at 604 West Fairmont Parkway, at the Council
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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 18, 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
fi fteen ( 15) days after the terminat ion of the hear ing, is
requ ired to make its dec ision 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 findings and orders
of the City Council of the City of La Porte, and its
conclusions, based upon the evidence presented at said hearing.
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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 i. The City Council hereby finds, determines and
declares such building to be a nuisance, and orders such
building condemned.
Sec tion 4. The City Counc il hereby finds, determines and
declares that Al v in May shaw, who res ides at 422 N. 4th, La
Porte, Texas 77571, is the record owner of the property on which
this building is situated, and as such record owner, the said
Alvin Mayshaw has been duly and legally notified of these
proceedings.
Sec tion 5. The City Counc il hereby orders the sa id Al v in
Mayshaw to entirely remove or tear down such building, and
further orders the said Alvin Mayshaw to commence such removal
within ten (10) days from the effective date of this Ordinance,
and to compl ete such removal or demol it ion of such build ing
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 defaced 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
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record owner of said property, the said Alvin Mayshaw, by
registered mail, return receipt requested.
Section 8. Should the said Alvin Mayshaw 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 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 Alvin Mayshaw record owner of
said property,
and shall thereupon become a val id 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,
rec i tes and declares that a suffic ient wr i t ten notice of the
date, hour, place and subject of this meeting of the Ci ty
Council was posted at a place convenient to the public at the
City Hall of the City for the time required by law preceding
this meeting, as required by the Open Meetings Law, Article
6252-17, Texas Revised Civil Statuses Annotated; and that this
meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof
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.
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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
By7(t!lm/41/M
Mayor
ATTEST:
~.iI~~
City Secretary
APPROVED:
~tJ,
City Attorney