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HomeMy WebLinkAbout1989-O-11 - Dangerous Buildings Abatement CodeORDINANCE NO. 1989-11 DANGEROUS BUILDINGS ABATEMENT CODE AN ORDINANCE ENACTING THE DANGEROUS BUILDINGS ABATEMENT CODE OF THE CITY OF STEPHENVILLE, PROVIDING FOR INSPECTION OF BUILDINGS WITHIN THE CITY, GIVING INSPECTORS THE AUTHORITY TO INSPECT BUILDINGS, DECLARING DANGEROUS BUILDINGS TO BE NUISANCES, PROVIDING' FOR A BOARD OF APPEALS FROM FINDINGS OF CITY INSPECTORS AND APPEAL THERETO BY OWNERS OR OTHER PERSONS INTERESTED IN THE PROPERTY AFFECTED, DEFINING WORDS AND TERMS USED IN THE ORDINANCE, PROVIDING FOR NOTICE TO OWNERS QR OTHERS INTERESTED IN THE PROPERTY AFFECTED, THE RECORDING OF NOTICES AND ORDERS AND FOR VACATION AND DEMOLITION OF BUILDINGS FOUND TO BE DANGEROUS, APPEALS TO BOARD OF APPEALS, PROCEDURE AND CONDUCT OF APPEALS, MAKING DECISION BY BOARD OF APPEALS, APPEAL AND HEARING BY CITY COUNCIL, ENFORCEMENT OF ORDERS BY BUILDING OFFICIAL, REPAIR OR DEMOLITION OF DANGEROUS BUILDINGS, RECOVERY OF COST OF REPAIR OR DEMOLITION, KEEPING RECORD OF SUCH COSTS AND FIXING OF LIEN AND RECOVERY OF THESE COSTS, APPEAL FROM COSTS AS FIXED, ASSESSING OF COSTS AGAINST OWNER AND FIXING LIEN ON PROPERTY THEREFOR AND PROVIDING FOR ADDITION OF SUCH COSTS BY COLLECTOR AND ASSESSOR OF SUCH COSTS AS TAX BILL, WITH CERTIFIED COPY OF SUCH COSTS TO BE FILED WITH COUNTY AUDITOR, PROVIDING FOR REPAIR AND DEMOLITION FUND TO BE KEPT BY FINANCE DIRECTOR OF CITY; AND PROVIDING THAT VIOLATION OF RIGHTS OF INSPECTION AND INTERFERENCE WITH REPAIR OR DEMOLITION TO BE CRIMINAL OFFENSES AND FIXING PENALTY AND FINE THEREFOR: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE CHAPTER 1 TITLE AND SCOPE Title Sec. 101. These regulations shall be known as the "Dangerous Buildings Abatement Code, may be cited as such, and will be referred to herein as "th i s code." Purpose .and Scope Sec..102.(a) Purpose. It is the purpose of this code to provide a just, equitable and practicable method, to be cumulative with and in addition to, any other remedy provided by the City of Stephenville Building Code or otherwise available law, whereby buildings or structures which from any cause endanger the life, limb, health; morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished. (b) Scope . The provisions of this code shall apply to all dangerous buildings,, as herein defined, which are now in existence or which may hereafter become dangerous in this jurisdiction excepting those that are occupied by the owner and have been officially and legally -claimed as the owner's homestead. Alterations, Additions and Repairs Sec. 103., All buildings.or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of Section 104 (a ) and (b) of the City of Stephenville Building Code. General Sec. 201. fire marshal this code. CHAPTER 2 ENFORCEMENT (a) Administration. The building official and/or the .are hereby authorized to enforce the provisions of (b) -.Inspections. The health officer, the fire marshal and the building official are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this code. 1 (c) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official, fire marshal or. their authorized representatives have reasonable cause -to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe',, dangerous or hazardous the building official, fire marshal or their authorized representatives may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official or fire marshal by this code, provided that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first makea reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official, fire marshal or their authorized representatives shall have recourse to every remedy provided by law to secure entry. "Authorized representative" shall include the officers named in Section 201(b) and their authorized inspection personnel. Abatement of Dangerous Buildings Sec. 202. All buildings or portions thereof which are determined after inspection by the building official and/or the fire marshal to be dangerous as defined in this code are hereby declared} to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 401 of this code. Violations Sec. 203. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Inspection of Work Sec. 204. All buildings or structures within the scope of this code and -all -construction or work for which a permit is required shall .be subJect to inspection by the building official and/or fire marshal in accordance with and in the manner provided.by this code and Sections 305 and 306 of the Building Code. Board of Appeals Sec. 205. In order to provide for interpretation of this code and to hear appeals provided for hereunder, there is hereby established a Board of Appeals consisting of at" --least five members who are not employees of the city. The building official and fire marshal shall be ex of f i c i o members of said board, The building official shall serve as secretary. The board shall be appointed by the governing body, and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant, with a copy to the building official and fire marshal. Appeals to the board shall be processed in accordance with the -.provisions contained in Section 501 of this code. Copies of all rules or regulations adopted by the board shall be delivered to the building official and fire marshal, who shall make them accessible to the public under the provisions of the Texas Open Records Act. CHAPTER _ 3 DEFINITIONS General Sec, 301. For the purpose of this code, certain terms,, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the City of Stephenville Building Code. Where terms are not defined, they shall have their ordinary accepted meanings. within the context with which they are used. Webster'] Third New International Dictionary of the English Language, Unabridged, copyright 1961, shall be construed as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.. BUILDING CODE is the building code adopted by the City of Stephenville, Texas CITY COUNCIL is the City Council of the City of Stephenville. DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code. Dangerous Building Sec. 302. For the purposes of this code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the pub 1 i c . or its occupants are endangered: Cad Structural Hazards, which shall.include but not be limited to the following 1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic,. 2. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn.' loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. 3. Whenever the stress in any materials,. member or portion thereof, due to all dead and lives loads, is such to create an unsafe condition, or is more than one and one half. times the working stress or stresses allowed in the Building Code for new bu i 1 dugs of s i m i -1 ar structure . 4. Whenever any portion thereof has been damaged by fire, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe so as to create an unsafe condition, or to the extent that the strength or stability is less than the minimum requirements of the Building Code for new buildngs of similar structure, purpose or location. S. Whenever any portion or member or appurtenance thereof is likely -to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 6. Whenever any portion thereof has been damaged by fire, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe to the extent that it is unsafe, or to the extent that the strength or stability is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. 1` 7. Whenever any portion thereof is wracked, warped, buckled or settled to such an extent that walls or other structural portions do not have a substantially safe resistance to wind, or have materially less resistance than is required in the case of similar new construction. 8. Whenever the building or structure, or any portion thereof, because of 0 ) dilapidation, deterioration or decay; ( i i ) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such builidng; (iv) the deterioration, decay or inadequacy of its foundation; or Cv> any other cause, is likely to partially or completely collapse. 9. Whenever for any reason, the building or.structure, or any portion thereof., is manifestly unsafe for the purpose for which it is being used. 10. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall within the middle one third of the base, 11. Whenever the building or structure, exclusive of the foun- dation, shows 33 percent or more damage or deterioration of its supporting member or members, or SO percent damage or deterior- ation of its nonsuppor t i ng members enclosing or outside walls or coverings (b) Inadequate Sanitation, which shall include but not be limited to the following: 1. Lack oft or improper water closet, lavatory, bath tub or shower in a dwelling unit, hotel or motel. 3 2. Lack of running water to plumbing fixtures in dwelling unit, hotel or motel. 3. Infestation of insects, vermin or rodents as determined by the hea I th of f i cer 4. 4. Lack of connection to required sewage disposal system. (c) Electrical Hazards, which shall include but not be limited to the following: 1. Any electrical wiring, equipment, apparatus, fixtures or appurtenances that are installed in violation of the Stephenville electrical code which was in effect at the time of installation, or that is installed or maintained in. such a manner so as to be hazardous. (d) Plumbing Hazards, which shall include but not be limited to the following 1. Any piping, equipment, apparatus, fixtures or appurtenances that are installed in violation of the Stephenville plumbing code which was in effect at the time of installation, or that is installed or maintained in such a manner so as to be hazardous. (e) Mechanical Hazards, which shall include but not be limited to the following: 1. Any mechanical equipment, apparatus,*fixture5 or appurten- ances that are installed in violation of the Stephenville Mechanical Code or any related code which was in effect at the time of installation, or that is installed or maintained in such a manner so as to be hazardous,. (f) Fi*re Hazards, which shall include but not be limited to the fol lowing: 1. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the fire marshal or his authorized reprersentative, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion from any cause* 2. Whenever any building or structure, because of obsoles- cence dilapidated condition, deteriroation,, damage, inadequate exits, faulty electrical wiring, gas connections or heating apparatus or other cause, is determined by the. fire marshal or his authorized representative to be a fire hazard. .(g) Other Hazards, which shall include but not be limited to the following: 1. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. 2. Whenever the building or structure has been so damaged by fire, wind V flood or by any other cause, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, 't"riminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. 3. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or, whenever any building or structure is abandoned for a period in excess of 90 calander days so as to constitute Such building or portion thereof an attractive nuisance or hazard to the public. CHAPTER 4 NOTICES AND ORDERS OF THE BUILDING OFFICIAL AND/OR FIRE MARSHAL General Sec 401. (a) Commencement of Proceedings. Whenever the building off ic,ial or fire marshal has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he shall commence proceedings to cause the repair, vacation or demolition of the building. (b) Notice and Order. The building,official or fire marshal shall issue a notice and order directed to the record owner of the building. The notice and order shall contain: 1. The street address and a legal description sufficient for identification of the premises upon which the building is located. 2. A statement that the building official and/or fire marshal has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 302 of this code* 4 3. A statement of the action required to be taken as determined by the building official and/or fire marshal. .(i) If the building official and/or fire marsha 1 has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefore and the Work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the building official and/or fire marshal shall 'determine is reasonable under all of the circumstances. (i i) If the building official and/or fire marshal has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the building official and/or fire marshal to be reasonable. ( i i i) If the building official and/or fire marshal has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time. as the building official and/or fire marssal shall determine is reasonable (not to exceed 60 days from the date of the order); that all required permits be secured therefor within 60 days from the date of the order, and that the demolition be completed within such time as the building official and/or fire marshal shall determine is reasonable. 4. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the building official and/or fire marshal (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner. S. Statements advising (i) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the building official and/or fire marshal to the Board of Appeals, provided the appeal is made in writing as provided in this code and filed with the building official or fire marshal within 30 days from the date of service of such notice and order; and (i i ) that failure to appeal. will cons i t i t-ue a waiver of all right to an administrative. hearing and determination of -the matter. (c) Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the building official and/or fire marshal or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder bT any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located, The failure of the building official and/or fire marshal to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this section. (d) Method of Service. Service of the notice and order shall be made upon all persons entitled -thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to.each such person at his address as it appears on the most recent available property - tax. roll- - of the county or as known to the building official or fire marshal. If no address of any such _person so appears or is known to the building official or fire marshal, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall. not affect the validity of any proceed i ngs taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing. (e ) Proof of Service. Proof of service of the notice and order .shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the building official or fire marshal. S Recordation of Notice and Order Sec. 402. If compliance is not had with the order within the time specified therein and no appeal has been properly and timely filed, the building official and/or fire marshal shall file in the office of the county clerk a * certificate describing the property and certifying (i) that the building is a dangerous building. and (ii) that the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or the. building demolished so that it no longer exists as a dangerous building on the property descr i bed. i n the certificate, the building official or fire marshal shall file a new certificate with the county clerk certifying that the building has been demolished or all required corrections have been made so that. the building is no longer dangerous, whichever is appropriate. Repair, Vacation and Demolition Sec. 403. (a) Standards to be Followed. The following standards shall be followed by the building official and fire marshal (and by the Board of Appeals if an I appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure: 1. Any building declared a dangerous building under the this ordinance either shall be repaired in accordance with the current building code or shall be demolished at the option of the building 'owner. 2. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. Notice to Vacate Sec. 404. (a) Posting. Every notice -to vacate shall, in addition to being served as provided in Section 401(c), be posted at or upon each exit of the building and shall be in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY This building is unfit for human habitation as prescribed by the Dangerous Buildings Abatement Code of the City of Stephenville, Texas. Any person occupying this building or any person allowing this building to be occupied may be fined up to One Thousand Dollars ($1,000,00) for each day that this building is occupied, A Date: BUILDING OFFICIAL CITY OF STEPHENVILLE, TEXAS FIRE MARSHAL CITY OF STEPHENVILLE, TEXAS DO NOT REMOVE THIS NOTICE UNDER PENALTY OF LAW (b) Compliance. Whenever such notice is posted the. building official and/or fire marshal shall include a notification thereof in the notice and order issued by him under Subsection (b) of Section 401, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish - or- remove such building under permit. No Person shall remove or deface any such notice after it is posted Until the required repairs, demolition or removal have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Building Code. Any person violating this subsection shall be guilty of a misdemeanor. CHAPTER 5 APPEAL General Sec. 501. (a) Form of Appeal. Any person entitled to service 6 under Section 401 (c) may appeal from any order or any action of the building official and/or fire marshal under this code by filing at the office of the building official a written appeal containing: 1* A heading in the words: "Before the Board of Appeals of the C'ity of Stephenville,." 2, A caption reading: "Appeal of giving the names of all appellants participating in the appeal* 3. A brief statement setting forth the legal interest of each of the appellants inthe building or the land involved in the notice and order. 4. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to Support the contentions of the appellant. S * A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protest order or action should be reversed, modified or otherwise set aside. 6. The signatures of all parties named as appellants and their official mailing addresses .. 7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal,. The appea 1 sha 11 be f i 1 ed -w i th i n 30 days from the date of the service of such order or action of the building official and/or fire marshal; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the lifeV limb property or . safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section 404, such appeal shall be filed within 10 days from the date of the notice. and order of the building official and/or fire marshal. . (b) Processing of Appeal. Upon receipt of any appeal filed pursuant to this section, the building official shall present it at the next regular or special meeting of the Board of Appeals* (c) Scheduling and Noticing Appeal for Hearing. As soon.as practicable after receiving the written appeal, -the Board of Appeals- shall fix a date, time and place for the hearing of the appeal by the board. Such date shall be not more than 1S days from the date the appeal was filed with the building official. Written notice of the time and place of the hearing shall be given at least 3 days prior to the date of the hearing to each appellant by the building official either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Effect of Failure to Appeal Sec. 502. Failure of any person to file an appeal in accord- ance with the provisions of Section S01 shall constitute a waiver of his right to an administrative hearing and adjudication of the notice and order or any portion thereof. Scope of Hearing on Appeal Sec. 503. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. Staying of Order Under Appeal Sec. 504. Except for vacation orders made pursuant to Section 403,1 enforcement of any notice and order of the building official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. CHAPTER 6 PROCEDURE FOR CONDUCT OF APPEALS General Sec. 601 (a) Hearing Examiners. The board may appoint one or more hearing examiners or designate one or more of its members to serve as hearing examiners to conduct the hearings. The examiner hearing the case shall excerise all powers relating to the conduct of hearings until it is submitted by him to the board for decision. 7 (b) Record. A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the board. (c) Continuances. The board may grant continuances for good cause shown; however, when a hearing examiner has been assigned to such hearing, no continuances may be granted except by him for good cause shown so long as the matter remains before him. (d) Oaths - Certifications* In any proceedings under th i. s chapter, the board, any board member, or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts. (e) Reasonable Dispatch. The board and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives Form of Notice of Hearing Sec. 602. The notice to the appellant shall be substantially in the following form, but may include other information: "You are hereby not i f i ed that a hear i ng w i 11 be he 1 d before (the Board of Appeals or name of hearing examiner) at ........... on the day of 19...., at the hour ......, upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross --examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with (Board of Appeals or name of hearing examiner)." SUBPOENAS Sec. 603. (a) Filing of Affidavit. The board or examiner may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at the hearing upon the request of a member of the board or upon the written demand of any party. The issuance and service of such subpoena shall be -obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materality thereof in detail to the issues involved; and states that the witness has the desired things in his possession or under his control. A subpoena need not be issued when the affidavit is defective in any particular. (b) Cases Referred to Examiner. In cases where a hearing is referred to an examiner, all subpoenas shall be obta`bed through the examiner. (c) Penalties. Any person who refuses without lawful excuse to attend any hearing or to produce material evidence in his posses- sion or under his control as required.by any subpoena served upon such person as provided for herin shall be guilty of a misdemeanor. Conduct of Hearing Sec. 604.(a) Rules. Hearings .need not be conducted according to the technical rules relating to evidence and witnesses. (b) Oral Evidence. Oral evidence shall be taken only on oath or affirmation. (c) Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. (d) Admissibility of Evidence, Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. (e) Exclusion of Evidence. Irrelevant and unduly repetitous evidence shall be excluded. (f) Rights of Parties. Each party shall have these rights, among others: 1. To call and examine witnesses on any matter relevant to the issues of the hearing; 0 2. To introduce documentary and physical evidence; 3..To cross --examine opposing witnesses on any matter relevant to the issues of the hearing; 4. To impeach any witness regardless of which party first called him to testify; 5. To rebut the evidence against him; 6. To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so (g) Official Notice. 1. What may be noticed. In reaching a decision, official not i ce may be taken , e i Cher before or of ter submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the board or departments and ordinances of the city or rules and regulations of the board. 2. Parties to be notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto. 3. Opportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the board or hearing examiner. 4. Inspection of the premises. The board or the hearing examiner may inspect the building or peemises involved in the appeal du'r.i ng the course of the hearing, provided that ( i ) notice of such inspection shall be given to the parties before the inspection is made, (ii) the parties are given an opportunity to be present during the inspection, and (iii) the board or the hearing examiner shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the board or hearing examiner. Method and Form of Decision Sec. 605.(a) Hearing Before Board Itself. Where a contested case is heard before the board i tse 1 f , _ no member thereof who d i d not hear- the evidence or has not read the entire record of the proceedings shall vote on or take part in the decision (b) Hearing Before Examiner. If a contested case is heard by a hearing examiner alone, he shall within a reasonable time (not to exceed 90 days from the date of the hearing is closed) submit a written report to the board. Such report shall contain a brief summary of the evidence considered and state. the examiner's findings, conclusions and recommendations. The report also shall contain a proposed decision in such form that it mayr`be adopted by the board as its decision in the case. All examiner's reports filed With the board shall be matters of public record. A copy of each such report and proposed decision shall be mailed to each party on the date they are filed with.the board. (c) Consideration of Report by Board - Notice. The board shall fix the time, date and place to consider the examiner's report and proposed decision. Notice thereof shall be mailed t0 each interested party not less than five days prior to the date fixed, unless it is otherwise stipulated -by all of the parties. (d) Exceptions to Report. Not later than two days before the date set to consider the report, any party.may file written exceptions to any part or all of the examiner's report and may attach thereto a proposed decision together with written argument in support of such decision. By leave of the board, any party may present oral argument to the board. (e) Disposition by the Board. The board may adopt or reject the propsoed decision in its entirety,. or may modify the proposed decision. (f ) Proposed Decision Not Adopted, If -the proposed decision is not adopted as provided in Subsection (e), the board may decide the case upon the entire record before it, with or without taking additional evidence, or may refer the case to the same or another hearing examiner to take additional evidence. If the case is reassigned to, a hearing examiner, he shall prepare a report and proposed decision as provided in Subsection (b) hereof after any additional evidence is submitted. Consideration of such proposed decision by the board shall comply with the provisions of this section. 9 (g) Form of Decision. The decision shall be in writing and shall contain findings of fact,, a determination of. the issues presented, and the requirements to be complied with. A copy of the decision shall be delivered to the appellant personally or sent to him by certified mail, postage prepaid, return receipt requested. (h) Effective Date of Decision. The effective date of the decision shall be as stated therein. CHAPTER 7 HEARING BEFORE CITY COUNCIL Sec. 701. Request for Hearing. After a decision has been rendered by the Board of Appeals, any person intitled to service under Section 401(c) may request a hearing before the City Council. Such hearing must be requested within 10 days following the date of the decision of the Board of Appeals. The request for hearing shall be in writing and in substantially the same form as stated in Section S01(a) excepting that such request shall be directed 'to the City Council. Said request shall be delivered to the city secretary. Sec. 702. Setting Hearing. Upon receipt of a request for hearing,, the city secretary shall notify the City Council that a request for hearing has been received. The city secretary shall notify the City Council of such request no later than the following business day. Upon receipt of such notice, the mayor shall set a time, date and place for said hearing, which shall be held within 1S days following date of request. The city secretary shall give written notice to each individual requesting such hearing at least 3 days prior to such hearing, either by causing a copy of such notice to be delivered to said individuals personally or by mailing a copy thereof, postage prepaid, addressed to said individuals at the address shown on the request. Sec. 703. Delivery of Documents and Findings.. The city secretary- shall cause to be delivered to each City Council Member, copies of all written documents and findings by the Board of Appeals relating to the appellants request. Procedure for Conduct of Hearing Sec. 704(a). The City Council shall conduct its hearing in substantially the same form and procedure as is specified in Chapter 6 of this Code, excepting that those references to the "Board of Appeals" shall be deemed to mean the "City Council", (b). After reviewing the decision of the Board of Appeals and any additional evidence which it deems appropriate, the City Council shall render a final decision at such time and place as may be practicable. CHAPTER 8 ENFORCEMENT OF THE ORDER OF THE BUILDING OFFICIAL, FIRE MARSHAL OR THE -BOARD OF APPEALS Compliance Sec. 801(a) General. After any order of the building official, fire marshal, Board of Appeals or the City Council made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such. order. Any such person who fails to comply with any such order is guilty of a misdemeanor. (b) Failure to Obey Order. If, after any order of the building of f i c i a 1, fire marshal, Board of Appeals or City Council made pursuant to this code has be come final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the building official and/or fire marshal may (i) cause such person to be prosecuted under Subsection (a) of this section or (ii) institute any appropriate action to abate such building or premises as a public nuisance. (c) Failure to Commence Work. Whenever required repair or demolition is not commenced within 30 days after any final notice and order issued under this code becomes effective: 10 1. The building official and/or fire marshal shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice as prescribed in Section 404 (a). 2. No person shall occupy any building which has been posted as specified in this- subsection. No person shall remove or deface any such notice so posted until the repairs, demolition or removal. ordered by the.building official and/or fire marshal, have been completed and a Certificate of Occupancy issued pursuant to the. provisions of the Building Code. 3. The building official and/or fire marshal may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render. the building dangerous as set forth in the notice an order; or, if the notice and order required demolition, to cause the building to be sold and demolished or demolished and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the. manner hereinafter provided in this code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto. Extension of Time to Perform Work Sec. 802. Upon receipt of an application from the person required to conform to the order and an agreement by such person that he will comply with the order if allowed additional time, the building official and/or fire marshal may, in h i s discretion, grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition.. if the building of f i. c i a 1 and/or f ire marshal determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The building official and/or fire marshal's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to -appeal his notice and order. Interference with Repair or Demolition Work Prohibited Sec. 803. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City of Stephenville or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this code; or with any person to whom such building has been lawfully sold pursuant to the provisions of this code, whenever such officer, employee, contractor or authorized representative of the City of Stephenville, person having an interest or.estate in such building, structure or premises, or.purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this code, or 1n performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code. CHAPTER 9 PERFORMANCE OF WORK OF REPAIR OR DEMOLITION General Sec. 901(a) Procedure. When any work of repair or demolition is to be done pursuant to Section 701(c)3 of this code, the building official and/or fire marshal shall, issue h i s order therefor to the director of public works and the work shall be accomplished by personnel of the City of Stephenville or by private contract under the direction of said director. Plans and specifications therefor may be prepared by said director, or he may employ such architectural and engineering assistance on a contract basis as he may deem resonably necessary. If any part of the work is to be accomplished by private contract, standard public works contractual procedures shall be followed. (b) Costs. The cost of such work shall be paid from the repair and demolition fund, and may be made a special assessment against the property involved, or may be made a personal obligation of 11 the property owner, whichever the City Council shall determine is appropriate. Repair and Demolition Fund Sec. 902(a) General. The City Council may establish a special revolving fund to be designated as the repair and demolition fund. Payments shall - be made out of said fund upon the demand of the director of public works to defray the costs and expenses which may be incurrred by the City. of Stephenville in doing or causing to be done the necessary work of repair or demoolition of dangerous buildings. (b) Maintenance of Fund. The City Council may at any time transfer to the repair and demolition fund, out of any money in the general fund of the City of Stephenville, such sums as it may deem necessary in order to expedite the performance of the work of repair or demolition, and any such sum so transferred shall be deemed a loan to the repair and demolition fund and shall be repaid out of the proceeds of the collections hereinafter provided for. All. funds collected under the proceedings hereinafter provided for shall be paid to the f inance.di rector of the City of Stephenville who shall credit the same to the repair and demolition fund. . CHAPTER 10 RECOVERY OF COST OF REPAIR OR DEMOLITION Account of Expense, Filing of Report: Contents Sec. 1001, The director of public works shall keep an itemized account of the expense incurred by City of Stephenville in the repair or demolition of any building done pursuant to the provisions of Section 701Cc) 3 of this code. Upon the completion of the work of repair or demolition, said director shall prepare and file with the city secretary a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Subsection (c) of Section 401. Report Transmitted to Council - Set for Hearing Sec. 1002. Upon receipt of said report, the city secretary shal I present it to the City Counci I for consideration. The City Council shall fix a timet date and place for hearing said report and any protests or objections thereto. The city secretary shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in the City of Stephenville, and served by certified mail, postage prepaid, addressed to the owner of the property as his name and address appear on the most recent available property tax roll of the county, if such so appear, or as known to the city secretary,, Such notice shall be given at least 10 0 days prior to the date set for hearing and shall specify the day,, hour and place when the City Council will hear and pass upon the directorts report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. Protests and Objections - How Made Sec. 1003. Any personinterested in or affected by the pro- posed _charge may file written protests or objections with the city secretary at any time prior to the time set for the hearing on the report of the director. Each such protest or objection must contain a description of the property in which the signer thereof is interested and grounds of SLIch protest or objection. The city secretry shall endorse on every such protest or objection the date is was received by him. He shall present such protests or objections to the City COUncil at the time set for the hearing, and no other protests or objections shall be considered. Hearing of Protests Sec, 1004. Upon the day and hour fixed for the hearing the City Council shall hear and pass upon the report of the director together with any such objections or pro -tests. The City Council may make such revision, correction or modification in the report or the charge as it may deem just; and when the City Council is 12 satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. 'The decision of the City Council on the report and the charge, and on all protests or objections, shall be final and conclusive. Personal Obligation or Special Assessment Sec, 1005(a) General, The City Council may thereupon order that said charge shall be made a personal obligation of the property owner or assess said charge against the property involved. (b) Personal Obligation. If the City Council orders that the charge shall be a personal obligation of the property owner, it shall direct the attorney for this jurisdiction to collect the same on behalf of this jurisdiction by use of all appropriate legal remedies. (c) Special Assessment. If the City Council orders that the charge shall be. assessed against the property it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against and a lien upon the property. Contest Sec. 1006. The validity of any assessment made under the provisions of this chapter shall not be contested in any action or prodeeding unless the same is commenced within 30 days after the assessment is placed upon the assessment roll as provided herein. Any appeal from a final judgement in such action or proceeding must be perfected within 30 days after the entry of such judgement. Authority for Installment Payment of Assessments with Interest Sec. 1007. The City Council, in its discretion, may determine that assessments in amounts of $500.00 or more shall be payable in not -to exceed five equal annual installments. The City Council's determination to allow payment of such assessments in installments, the number of installments, whether they shall bear interest,and the rate thereof shall be by a resolution adopted prior to the confirmation of the assessment. Lien of Assessment Sec. 1008.(a) Priority. Immediately upon its being placed on the assessment roll the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be .liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously i mpo'%sed upon the same property and shall be paramount to all other liens except for. state, county and property taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable theron are paid. (b) Interest. All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of 10 percent per annum from and after said date. Report to Assessor and Tax Collector: Addition of Assessment to Tax B i 11 Sec. 1009. After confirmation of. the report, certified copies of the assessment shall be given to the assessor and the tax collector for the City of Stephenville, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. Filing Copy of Report with County Auditor Sec. 1010. If the county assessor and the county tax collector assess property and collect taxes for this jurisdiction, a certified copy of the assessment shall be filed with the county auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year. Collection of Assessment: Penalties for Forclosure Sec. 1011. The amount of the assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected; and shall be subject to the same penalties and 13 procedure and sale in case of delinquency as provided for ordinary property taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessment. If the City Council has determined that the assessment shall be paid. in installments, each installment and any interest thereon shall be collected in the same manner as ordinary property taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for sale as provided for ordinary property taxes. Repayment of Repair and Demolition Fund Sec, 1012. All money recovered by payment of the charge or assessment or from the sale of the property -at foreclosure sale shall be paid to the finance director of the City of Stephenville, who shall credit the same to the repair and demolition fund. Passes and Approved this llth day of Jul , 1989. Mayor ATTEST: i ity Aecretary 14