HomeMy WebLinkAboutORD 99-078 ORDINANCE NO. 9- 7f
ENTITLED AN ORDINANCE DECLARING THE STRUCTURE AT 1695
MILAM, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND
ORDERING IT CLOSED PENDING CORRECTION OF DEFICIENCIES;
PROVIDING A REMEDY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL; AND PROVIDING A PENALTY.
WHEREAS, the City Building Official has requested that the City Council of the City
of Beaumont declare the structure at 1695 Milam to be a public nuisance as a life/safety
hazard that may injure or affect the public health or comfort; and
WHEREAS, evidence has been presented to the City Council showing that the
structure at 1695 Milam is in violation of numerous provisions of the City of Beaumont's
Building Code and the Fire Prevention Code as follows:
1. no fire alarm system in place,
2. no hood installed over the stove in the kitchen;
3. staircase has sections where the protective railing is missing;
4. sections of the front porch are structurally unsound;
5. sections of the front porch have no protective railing;
6. exposed electrical wiring,
7. uncovered electrical switches and outlets;
8. means of egress from the second story is inadequate;
9. no exit lights,
10. no emergency lighting
11. only one toilet and lavatory
12. no hot water
13. fifty (50) percent deterioration of non-structural elements;
14. no fire extinguishers; and
15. improper storage of combustible materials.
WHEREAS, the City Council finds that these violations created an eminent
danger to the public health and comfort if the facility is allowed to remain open without
correcting these deficiencies;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That the City Council hereby finds that the violations of the City of Beaumont's
Building Code and the Fire Prevention Code listed above exist and that these violations
constitute an eminent condition which may injure or affect the public health or comfort and,
under authority of State law, hereby declares the structure at 1695 Milam to be a public
nuisance and orders that a certified copy of this ordinance be delivered to persons
responsible for the operation of the structure at 1695 Milam and that those persons
immediately close the structure at 1695 Milam until such time as the violations of all City
of Beaumont codes are rectified and abated.
Section 2.
If the structure at 1695 Milam fails to comply with this order to close, the City
Attorney is authorized to take legal action to abate the nuisance.
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, or
the application of same to a particular set of persons or circumstances, should for any
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reason be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
All ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon
conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City
of Beaumont, Texas, the maximum fine per day being $500.00.
PASSED BY THE CITY COUNCIL of the City of Beaumont this they day of
1999.
- Mayor -
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