Loading...
HomeMy WebLinkAboutOrdinance No. 473 CITY OF THE COLONY, TEXAS ORDINANCE NO. ~'~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS FINDING AND DECLARING THAT THE EXCAVATION AND PARTIALLY BUILT STRUCTURE AT 4712 HEATHERINGTON WITHIN THE CORPORATE LIMITS OF THE CITY IS UNWHOLE- SOME, ENDANGERS THE PUBLIC HEALTH, SAFETY AND WEL- FARE AND CONSTITUTES A NUISANCE; PROVIDING FOR A- BATEMENT BY DEMOLITION OF THE SAME; FINDING THAT NOTICE AND AN OPPORTUNITY FOR HEARING HAS BEEN PROVIDED TO THE OWNER OF 4712 HEATHERINGTON; PRO- VIDING A SEVERABILITY CLAUSE; DECLARING AN EMER- GENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 23, 1986, a building permit was issued by the City of The Colony, Texas (the "City") to United Custom Homes for the construction of a residence at 4712 Heatherington (the "Property"), located within the corporate limits of the City; and WHEREAS, construction was subsequently initiated on the Property but has been abandoned and discontinued, leaving in place an open excavation approximately ten (10) feet deep and a partially built structure within the excavation, the Property remaining in the condition described herein from approximately February, 1986 to date; and WHEREAS, water has accumulated and continues to accumulate within the excavation during periods of rainfall and has become stagnant therein, thereby creating a place for the breeding of mosquitoes and other insects and a place where the danger of drowning exists were a person to go or fall into the excavation; and WHEREAS, construction debris, including lumber and concrete, has remained upon the Property and within the excavation, creating an eyesore and a health hazard; and WHEREAS, the City has received numerous complaints from residents of property in and around 4712 Heatherington, the area being a residential neighborhood, concerning the appearance of the Property, the danger of the excavated site and the effect of the same on the value of properties in the surrounding neighborhood; and WHEREAS, the City has contacted or attempted to contact the owner of the Property, Ms. Maurice Christian, listed as the owner of the Property on the most recent tax rolls of the City, on several occasions regarding the excavation, as follows: 1. On March 14, 1986, a letter was sent certified mail, return receipt requested, to Ms. Christian at 5550 LBJ Freeway, No. 300, Dallas, Texas 75240 (the tax roll address) and to 5417 Ramsey, The Colony, Texas (address listed in The Colony telephone book) regarding the incomplete construction and requesting that construction be completed or that the excavation be abated; 2. On March 4, 1986, the City inspection department attempted to contact Mr. Carl Martin, general contractor with United Custom Homes, only to find that United Custom Homes was no longer in business; 3. On May 2, 1986, the City inspection department sent a letter to Ms. Christian at 5417 Ramsey, The Colony, Texas, informing her that, in the event the construction on the Property was not completed or the excavation abated, a fence would have to be placed around the site for protection of the public. This letter was received by Ms. Christian and reflects that Ms. Christian, in a telephone conversation with the Chief Building Official of the City, stated that she would have a fence erected by May 19, 1986; 4. On September 15, 24 and 30, 1986 letters were sent to Ms. Christian at the above stated addresses notifying her of the condition of the Property and requesting that action be taken to abate the danger; 5. On November 10, 1986, the City Manager sent a notice to Ms. Christian at 4113 Lueille, Dallas, Texas regarding the condition of the property and the City's plan to abate the da~ger; and WHEREAS, except for her statement to the City, noted above, that a fence would be constructed around the Property, Ms. Christian has not responded to any of the notices sent by the City and has failed to take any action to abate the inherent danger; and WHEREAS, prompted by the failure of Ms. Christian to place a fence around the Property, the City erected a fence on the site at an annual expense to the City of approximately $350.00; and WHEREAS, the City Council hereby finds and declares that the ex- cavation and partially built structure on the Property and the condition of the same is a danger to the health, welfare and safety of the citizens of the City and constitutes a public nuisance; and WHEREAS, due to the failure of the owner to resolve the problem after repeated notices by the City, the City Council desires to abate the nuisance by demolition of the excavation and partially built structure and thereby remove the danger and public health hazard and, after such abatement, to file a lien against the Property with the Denton County Clerk for the expense incurred by the City in abating the nuisance, all as provided for and authorized by article 4436, Texas Revised Civil Statutes Annotated (Vernon 1976); and WHEREAS, the City Council finds and declares that the passage of this ordinance is in the best interests of the health, safety and welfare of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That the excavation and partially built structure and the condition of the property at 4712 Heatherington, The Colony, Texas constitutes a public nuisance and a danger and threat to the health, safety and welfare of the citizens of the City. The City Manager is hereby directed to take the steps necessary to abate the nuisance, whether by demolition or otherwise, and to eliminate the health hazard. Section 3. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. The fact that the present ordinances and regulations of the City of The Colony, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of The Colony, Texas, creates an emergency for the immediate preservation of the public business, property health, safety, and general welfare of the public which requires that this ordinance become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED by the City Council the City of The Colony, Texas this the ~2_t)day of ~~:_, 198~. of Mayor'~ City ofOl~ie Colo~[y, Texas ATT T: . City Secretary, City of The Colony, Texas [SEAL] APPROVED AS TO FORM: City Attorney, City of The Colony, Texas