HomeMy WebLinkAbout2018-O-11 - Dangerous Buildings and Structures — ORDINANCE NO. 2018-0-11
AN ORDINANCE REPEALING CHAPTER 151: DANGEROUS BUILDING ABATEMENT CODE OF THE CITY OF
STEPHENVILLE CODE OF ORDINANCE IN ITS ENTIRETY,AND REPLACING IT WITH THE NEW ORDINANCE
AS SET FORTH HEREIN;AND ESTABLISHING AN EFFECTIVE DATE.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,TEXAS:
SECTION 1
CHAPTER 151: DANGEROUS BUILDINGS AND STRUCTURES
General Provisions
Sec. 151.001—Definitions
(a) For the purpose of this article, any building or structure which has any or all of the conditions or
defects described in this article shall be deemed to be a dangerous building, provided that such
conditions or defects exist to the extent that the life, health, property, welfare or safety of the public or
its occupants are endangered:
/MI 11 (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 live
loads, is more than 1Y2 times the working stress or stresses allowed in the building code for
new buildings of similar structure, purpose or location.
(4) Whenever any portion thereof has been damaged by fire, earthquake, 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 and is less than the minimum requirements of the building
code for new buildings of similar structure, purpose or location.
(5) 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 of a building or any member, appurtenance or ornamentation on the
exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or
fastened in place so as to be capable of resisting a wind pressure of one-half of that specified
in the building code for new buildings of similar structure, purpose or location without
exceeding the working stresses permitted in the building code for such buildings.
(7) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that
walls or other structural portions have materially less resistance to winds or earthquakes than
is required in the case of similar new construction.
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"" (8) Whenever the building or structure, or any portion thereof, because of:
a. Dilapidation, deterioration or decay;
b. Faulty construction;
c. The removal, movement or instability of any portion of the ground necessary for the
purpose of supporting such building;
d. The deterioration, decay or inadequacy of its foundation; or
e. 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 plumbline passing through the center of gravity does not fall inside the middle
one-third of the base.
(11) Whenever the building or structure, exclusive of the foundation, shows 33 percent or more
damage or deterioration of its supporting member or members, or 50 percent damage or
deterioration of its nonsupporting members, enclosing or outside walls or coverings.
(12) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood,
or has become so dilapidated or deteriorated as to become:
,—. a. An attractive nuisance to children;
b. A harbor for vagrants, criminals or immoral persons; or as to
c. Enable persons to resort thereto for the purpose of committing unlawful or immoral acts.
(13) Whenever any building or structure has been constructed, exists or is maintained in violation
of any specific requirement or prohibition applicable to such building or structure provided by
the building regulations of this jurisdiction, as specified in the building code, or of any law or
ordinance of this state or jurisdiction relating to the condition, location or structure of
buildings.
(14) Whenever any building or structure which, whether or not erected in accordance with all
applicable laws and ordinances, has in any nonsupporting part, member or portion less than
50 percent, or in any supporting part, member or portion less than 66 percent of the (i)
strength; (ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or
characteristics required by law in the case of a newly constructed building of like area, height
and occupancy in the same location.
(15) Whenever a building or structure, used or intended to be used for dwelling purposes, because
of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, air or sanitation facilities, or otherwise, is determined to be unsanitary, unfit
for human habitation or in such a condition that is likely to cause sickness or disease.
(16) Whenever any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty
"' electric wiring, gas connections or heating apparatus, or other cause, is determined to be a fire
hazard.
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(17) 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.
(18) 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 six months so as to constitute such building or portion thereof an
attractive nuisance or hazard to the public.
(b) The term "building code," as used in this section, refers to the building code then in affect as
adopted by the city.
Definitions
Sec. 151.002. - Declared public nuisance; repair,vacation or demolition required.
All dangerous buildings and structures within the terms of section 151.001 are hereby declared to
be public nuisances and shall be repaired,vacated or demolished as provided in this article.
Sec. 151.003. - Minimum standards for continued use and occupancy of buildings and standards for
repair,vacation or demolition.
The minimum standards for the continued use and occupancy of all buildings or structures,
regardless of the date of their construction, are that buildings or structures shall not be in a condition or
have a defect which constitutes a dangerous building or structure as defined in section 151.001. The
following standards shall be followed by the building official and the building commission in ordering
repair,vacation or demolition:
(1) If the dangerous building or structure can reasonably be repaired so that it will no longer exist
as a dangerous building or structure, it shall be ordered repaired.
(2) If the dangerous building or structure is in such a condition as to make it dangerous to the
health, safety, morals or general welfare of its occupants, it shall be ordered to be vacated.
(3) In any case where a dangerous building or structure is 50 percent or more damaged, decayed
or deteriorated from its original value or structure, it shall be demolished and in all cases
where a building or structure cannot be repaired so that it will no longer exist in violation of
the terms of this article, it shall be demolished. In all cases where a dangerous building or
structure is a fire hazard existing or erected in violation of the terms of this article or any
ordinance of the city or statutes of the state, it shall be demolished. Included in the term
"demolished" in this article is the cleaning of the property and removing all debris and trash,
and sealing sewer service (belowground) to prevent infiltration into the city sanitary sewer
system.
Secs: 151.004- 151.110- Reserved
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Administration
Sec. 151.111. - Building and standards commission.
(a) Established. A building and standards commission is hereby established. All references to the
"building commission" or "commission" in this article shall mean the building and standards
commission.
(b) Composition and term of members. The building and standards commission shall consist of five
members and shall be the same persons appointed to and serving on the board of adjustment of
the city created under the zoning ordinance of the city. Upon appointment to the board of
adjustment under the zoning ordinance of the city, such members shall be deemed as automatically
appointed to the building and standards commission to serve for the same term as such members
serve on the board of adjustment.
(c) Alternates. The city council may appoint up to four alternate members of the building and
standards commission who shall serve in the absence of one or more regular members of the
commission when requested to do so by the city manager or mayor. Alternate members shall serve
for a two-year period and shall be the same alternates appointed to serve on the board of
adjustment.
(d) Quorum and meetings. A quorum for the transaction of business of the building and standards
"" commission shall consist of not less than four members. No decision by the commission shall be
deemed rendered unless concurred in by not less than four members.The commission shall select a
chairman who shall act as presiding officer at all meetings, and it shall establish such rules of
procedure as it deems necessary for proper conduct of its business. The commission shall hold
regular meetings at least once each month and in addition, such special meetings as may be
required for the performance of its duties.
Sec. 151-112. - Duties of building official.
It shall be the duty of the building official or his designee to:
(1) Inspections. Inspect or cause to be inspected, when deemed necessary, public buildings,
schools, halls, churches, theaters, hotels, dwellings, tenements or apartments, other
multifamily residences and commercial manufacturing buildings for the purpose of
determining whether any conditions exist which render such a place a dangerous building or
structure within the terms of section 26-91.
(2) Investigations of complaints. Inspect any building, wall or structure about which complaints
are filed by any person to the effect that a building, wall or structure is or may be a dangerous
building or structure as defined in this article.
(3) Procedure for inspection. Upon probable cause to suspect that any building or premises are in
violation of this article, and: (i) if such building or premises are opened and clearly unoccupied,
the building official may enter such building or premises for the purpose of inspecting the
building or premises without prior notice to any person; or, (ii) if such building or premises are
closed, or if a reasonably prudent person would have reason to believe that such premises are
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occupied, the building official shall have recourse to every procedure, right or remedy
provided by law to secure entry for the purpose of inspecting the building or premises.
(4) Commencement of proceedings. When the building official has inspected or caused to be
inspected any building or structure, and has found and determined that such building is a
dangerous building or structure, the building official shall commence proceedings to cause the
repair, vacation or demolition of the building or structure. The building official may commence
criminal proceedings or civil proceedings, or both, as determined by the conditions existing on
such premises.
(5) Written notice to owner. Notify in writing, by certified mail, the owner of the building or
structure, as determined by using the records in the office of the county clerk in the county in
which the building or structure is located, that the building is a dangerous building or structure
as defined in this article. The notice to the owner shall further state the reason that the
building does not meet the minimum standards for continued use and occupancy of a building
and that unless the building is put in a condition so that the building is not a dangerous
building or structure within a reasonable time not exceeding 60 days (as specified by the
building official), then a hearing will be scheduled before the building commission to
determine whether the building complies with the minimum standards set forth in this article.
The building official, in his sole discretion, may elect not to send this notice to remedy and may
instead proceed directly with notice of hearing as set forth in division 3 of this article.
(6) Reports of noncompliance. Report to the building commission any noncompliance with the
notice provided for in subsection (5) of this section.
(7) Appearance at hearings. Appear at all hearings conducted by the building commission and
testify as to the conditions of the dangerous building or structure.
(8) Placement of notice on dangerous buildings; contents of notice. Place a notice on all dangerous
building or structures, upon a determination by the building commission, reading as follows:
This building has been found to be a dangerous building by the Building Commission of
the City of Stephenville. This notice is to remain on this building until it is repaired, vacated or
demolished in accordance with the notice which has been given to the owner. It is unlawful to
remove this notice until such notice is complied with.
Sec. 151-113. -Criminal enforcement.
(a) The building official is hereby authorized to commence criminal proceedings whenever he finds
that there has been a violation of any subsection of this section.
(b) It shall be unlawful for any owner, occupant or person in control to maintain a dangerous building
or structure as defined in section 151.001. All buildings or structures which are determined to be
dangerous buildings or structures are declared to be public nuisances. For purposes hereof, the
term "maintain" shall mean keep, preserve, use, maintain status quo or permit to exist.
(c) After the notice described in subsection 151.112(8) is posted, it shall be unlawful for any person to
—. use, enter, remain in or occupy such building or structure, or for the owner of such building to
normally permit any person to use, enter, remain in or occupy such building. It shall be a defense to
any prosecution occurring under this paragraph that entry was made for the sole purpose of
repairing, demolishing or removing such building or structure.
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(d) It shall be unlawful for any person to remove or deface the notice posted pursuant to subsection
151.112(8) until the required repairs, demolition or removal have been completed and a certificate
of occupancy has been issued pursuant to the provisions of the building code.
(e) It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve,
remove, convert or demolish any building or structure regulated by this Code without first
obtaining the appropriate permits for each building or structure according to the applicable
conditions prescribed in the building code.
(f) Any violation, disobedience, omission, neglect or refusal to comply with the enforcement of any the
provisions of this article shall be punished as provided in section 10.99 of this Code.
Sec. 151.114. -Civil enforcement.
(a) Assessment lien or civil penalty. If the dangerous building or structure is not vacated, secured,
repaired, removed or demolished within the allotted time,the city may:
(1) Without further action by the building commission, vacate, secure, remove or demolish the
building at its own expense, by city personnel or its contractor. Any costs incurred by the city
in securing, removing or demolishing the buildings or structures may be charged to the owner.
The city may assess the expenses on, and the city shall have a lien against, the property on
which the building was located, unless the property is a homestead as protected by the Texas
Constitution. The lien arises and attaches to the property at the time the notice of the lien is
1111 recorded and indexed in the office of the county clerk in which the property is located. The
notice of lien must contain the name and address of the owner if that information can be
determined with a reasonable effort, a legal description of the real property on which the
building was located, the amount of expenses incurred by the municipality, and the balance
then due; or
(2) Acting by and through the building and standards commission, assess a civil penalty under
applicable state law not exceeding $1,000.00 per day for failure to repair, remove or demolish
the building or structure. Notice of the hearing in which the civil penalty will be considered
shall be given to the owner by personally serving the owner with written notice; or by sending
the notice in the United States mail by certified mail, return receipt requested, addressed to
the owner at the owner's post office address at least ten days prior to the administrative
hearing. Before holding a hearing to consider a civil penalty,the board shall have evidence that
the property owner was actually notified of the requirements of the order and his need to
comply with such requirements. Any civil penalty assessed shall be imposed as a lien against
the land on which the building stands or stood, unless it is a homestead as protected by the
Texas Constitution, to secure the payment of such civil penalty.
Promptly after the imposition of the lien, the city shall file for record, in recordable form in the office of
the county clerk of the county in which the land is situated, a written notice of the imposition of the lien.
The notice must contain a legal description of the land. In addition to the filing of the lien, the city may
seek a judgment against the owner for the civil penalty in accordance with applicable state law.
(b) Additional remedies. In addition to any remedy set forth in this section, the city may exercise any
and all of its rights to abate any nuisance as defined in this article and seek any appropriate relief as
authorized by applicable state law.
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Secs. 151.115-151.130. - Reserved.
DIVISION 3. - PROCEDURE FOR NOTICE OF HEARING AND HEARING BEFORE BUILDING COMMISSION
Sec. 151.131. - Notice to owner, lienholder or mortgagee of hearing.
Upon notification from the building official that he, or his designee, has determined that a building
or structure is a dangerous building or structure as defined in this article, and does not meet the
minimum standards for continued use and occupancy, the building commission shall cause a notice of
hearing to be issued to the owner, lienholder and mortgagee of the alleged dangerous building or
structure. The notice of hearing must be sent by certified mail at least ten days prior to the hearing and
must include a statement that the owner, lienholder or mortgagee will be required to submit at the
hearing proof of the scope of any work that may be required so that the building or structure will not
constitute a dangerous building or structure and the time it will take to reasonably perform the work.
The building official or his designee shall make a diligent effort to discover each mortgagee and
lienholder for purposes of giving them notice and an opportunity to comment at the hearing. The
records in the office of the county clerk in the county in which the building or structure is located shall
be used to determine, if possible, the identity and address of any owner, lienholder or mortgagee of the
building or structure.The city may file notice of the hearing in the official public records of real property
in the county in which the property is located. The notice shall contain the name and address of the
owner of the affected property if that information can be determined from a reasonable search of the
instruments on file in the office of the county clerk, a legal description of the affected property and a
description of the hearing. The filing of the notice is binding on subsequent grantees, lienholders or
other transferees of an interest in the property who acquire such interest after the filing of the notice
and constitutes notice of the hearing on any subsequent recipient of any interest in the property who
acquired such interest after the filing of the notice.
Sec. 151.132. - Hearing.
On the date set forth in the notice, the building commission shall hold a hearing to determine
whether the building is a dangerous building or structure as defined in section 26-91. If the building
commission determines that the building or structure is a dangerous building or structure, the building
commission may order that the building be vacated, secured, repaired, removed or demolished by the
owner within a reasonable time as provided by this article. In addition, if there is a mortgagee or
lienholder, the building commission may provide in the order an additional reasonable time as provided
by this section for the ordered action to be taken by any mortgagee or lienholder in the event the owner
fails to comply with the order within the time provided for action by the owner. No notice to any
mortgagee or lienholder shall be required other than a copy of the order in the event the owner fails to
timely take the ordered action. The owner of the building or the lienholder or mortgagee may present
proof at the hearing of the scope of any work that may be required so that the building or structure will
not be a dangerous building or structure and the time it will take to reasonably perform the work.
Sec. 151.133. - Findings of fact.
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The building commission shall make written findings of facts from the testimony offered, pursuant
to section 26-132, as to whether or not the building in question is a dangerous building within the terms
of section 26-91.
Sec. 151.134. -Copy of order to owner.
After the hearing, a copy of the order issued by the building commission, if any, shall be promptly
mailed by certified mail, return receipt requested, to the owner of the building.
Sec. 151.135. - Filing and publishing order.
Within ten days after the date that the order is issued,the city shall:
(1) File a copy of the order in the office of the city clerk; and
(2) Publish in a newspaper of general circulation in the city a notice containing the street address
or legal description of the property, the date of the hearing, a brief statement indicating the
results of the order and instructions stating where a complete copy of the order may be
obtained.
Sec. 151.136. - Notice to lienholder or mortgagee.
After the hearing, if the owner does not take the ordered action within the allotted time, a copy of
the building commission order shall be promptly mailed by certified mail, return receipt requested, to
each identified mortgagee and lienholder, as set forth in section 26-132.
Sec. 151.137. -Time for performance.
In conducting a hearing authorized under this article, the building commission shall require the
owner, lienholder or mortgagee of the building to within 30 days secure the building from unauthorized
entry; or repair, remove or demolish the building, unless the owner or lienholder establishes at the
hearing that the work cannot reasonably be performed within 30 days. If the building commission allows
the owner, lienholder or mortgagee more than 30 days to repair, remove or demolish the building, the
building commission shall establish specific time schedules for the commencement and performance of
the work and shall require the owner, lienholder or mortgagee to secure the property in a reasonable
manner from unauthorized entry while the work is being performed. The building commission may not
allow the owner, lienholder or mortgagee more than 90 days to repair, remove or demolish the building
or fully perform all work required to comply with the order, unless the owner, lienholder or mortgagee
submits a detailed plan and time schedule for the work at the hearing and establishes at the hearing
that the work cannot reasonably be completed within 90 days because of the scope and complexity of
the work. If the building commission allows the owner, lienholder or mortgagee more than 90 days to
complete any part of the work required to repair, remove or demolish the building, the building
commission shall require the owner, lienholder or mortgagee to regularly submit progress reports to the
building commission to demonstrate that the owner, lienholder or mortgagee has complied with the
time schedules established for commencement and performance of the work. The order may require
that the owner, lienholder or mortgagee appear before the building commission, or its designate, to
demonstrate compliance with the time schedules.
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"" SECTION 2
This ordinance shall become effective immediately upon its passing.
PASSED AND APPROVED this the 6th day of March, 2018.
i Jerry K.`..�
Weldon II, Mayor
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ATTEST:
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Sta i L. ng, City Sec illi
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Reviewed by Allen L.,Barnes,
City Administrator
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Approved as to form and legality
Randy Thomas, City Attorney
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