O-2012-3409 amend Ch82/procedures for condemnation of dangerous structures

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ORDINANCE NO. � LV"1 AN ORDINANCE AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, RELATING TO PROCEDURES FOR CONDEMNATION OF DANGEROUS STRUCTURES; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 82, "Buildings and Building Regulations," Article VIII, "Dangerous Buildings", Section 82-475 "Notice to Owner — Required; Method of Service", subsection "d", of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: "Sec. 82-475. Notice to owner — Required; method of service. (d) If the owner is known but his residence is unknown, or if the owner is unknown, the notice shall be published in some daily newspaper of general circulation in the county, two times. The first publication shall be inserted not more than 15 days and not less than ten days prior to the date of the hearing provided for in this article, and the last publication shall be not more than ten days and not less than three days prior to such hearing." Section 2: That Chapter 82, `Buildings and Building Regulations," Article VIII, "Dangerous Buildings", Section 82-481 "Repair or Removal by City", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: "Sec. 82-481. — Repair or removal by city. If, within ten days after the last publication of service of a decision entered under section 82-478, the owner has not complied with the order to repair or remove such building, then the board may enter upon the premises, with such assistance as it may deem necessary, and cause the building to be repaired or removed without delay. Such action by the City shall not occur until expiration of a minimum forty-five (45) day period following issuance of the order rendered by City Council, but in no case before expiration of an owner's thirty (30) day appeal period as established in section 82-482. The expenses of any action taken by the City to repair or remove a building shall be charged against the owner and shall become a valid and enforceable personal obligation of the owner of such premises, which may be recovered by the city in a suit, brought for that purpose. The city council may, by ordinances enacted by it, assess the expenses on the