Loading...
HomeMy WebLinkAboutBSC Hearing 6-9-2011 323 East Seventh Street B.AGENDA BUILDING AND STANDARDS COMMISSION SPECIAL MEETING June 9, 2011 The Building and Standards Commission of the City of Anna will hold its regular meeting on Thursday, June 9th, 2011, at 6:30 p.m., at the Counnunity Room of the Anna City Hall Amini dstration Building located at III North Powell Parkway (Hwy 5), to consider the following items. 1. Call to order and establishment of quorum. 2. Election of Officers: Chairman Vice Chairman 3. Discussion —Rules and Regulations 4. Adjourn This is to certify that I, Maurice Schwanke, Director of Planning and Development, verify that this agenda was posted at a place readily accessible to the public at the Alma City Hall and on the City Hall bulletin board at or before 5:00 p.m., June 6, 2011. Maurice Schwanke Director of Planning and Development Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary, at 972-924�325 two woricing days prior to the meeting so that appropriate arrangements pn be made. Pa�fof� �' �Ccl � ✓l %fie D -�-�� c L off- 11\- C%II Se c rt;�a�y 5S\AV\ R- 1 O I a011 aasfed b8-os-� t CITY OF ANNA, TEXAS City of Anna Building and Standards Commission Procedures The Building and Standards Commission is composed of five (5) members who are residents and taxpayers of the City of Anna, each of who has been appointed by the City Council. (The Building and Standards Commission will further be referred to as "the Commission"). The Commission shall hold hearings in accordance with Part II, Article 8, Section 1.12 of the City of Anna Code of Ordinances and Chapter 214, Subchapter A of the Texas Local Government Code. The Commission will hear the respective case and render a decision, while conforming to all legal aspects pertaining to actions by the Commission. All hearings shall be open to the public and held in accordance with the Texas Open Meetings Act. The hearings shall be held in an informal manner and shall not be required to be conducted in accordance with technical courtroom rules relating to evidence and testimony. ➢ The Commission will convene at the precise time and place listed in the notice; therefore, it is imperative that any interested persons arrive on time. ➢ The Commission will be called to order and any necessary business will be taken care of before the hearing of the first case. ➢ When it is time for a case to be heard, the Chairman will read a brief summary of the case. The City Code Official or other designee will follow this with a presentation where all pertinent facts concerning the case will be reviewed. ➢ The Chairman will open a public hearing and the property owner, or other representative, including any legal representation, will be asked to stand before the Commission and state his/her case. This is the appropriate time to provide any testimony or submit evidence. At this time, members of the Commission may ask the property owner or other representative and City Staff questions pertaining to the case. As time for hearings is not unlimited, the Chairman will ask property owners or their representatives to conclude their remarks when it becomes clear that no new information or arguments are being presented. ➢ The Chairman will extend an invitation for others in the audience that wish to address the Commission regarding the case. Comments from the audience are limited to three minutes per speaker unless more time is granted by the Commission. ➢ After all have been heard, the Chairman will close the public hearing and the Commission Members will discuss the case. Note: During this discussion period, members of the audience are to refrain from addressing the Commission or making any public statement. Should the need develop; the Chairman is free to open the public hearing again and request clarification or additional information. After further discussion, the public hearing will be closed. When the Commission has received all requested facts concerning the case in question, the Chairman will entertain a motion. One Commissioner will make a motion; the motion will require a second (the Chairman may allow for further discussion) and the vote will then be taken, with the Chairman announcing the decision. A minimum of three (3) votes are required for the passage of a Commission order. At this time any additional cases on the agenda will be heard. If and when necessary, the Chairman may choose to announce that the Commission will hold an executive session. After all scheduled cases have been called; the Commission may conduct any further business or adjourn. AGENDA SUILIDING ANU STANDARDS COIV1Ni;ISSION SPECIAL MEETING Tune 9, 2011 The Building and Standards Commission of the City of Anna will hold its regular meeting on Thursday, June 9th, 2011, at 7:00 p.m., at the Community Room of the Anna City Hall Administration Building located at Ill North Powell Parkway (Hwy 5), to consider the following items. 1. Call to order and establislunent of quorum. 2. (a) Public Hearing: To consider public cormnent regarding a 0.1500 acre tract in the Morrison, Guinn Survey, Abstract 0559, generally known as 323 E. 7th St, Anna, Texas. This property shows signs of long time neglect; visible damage from weather and wood rot on exterior; electrical and plumbing systems not compliant or in a proper working condition; varying degrees of disrepair in the interior of property - standing water, mold, rotting wood, thick dust/dry chemicals permeating all surfaces, extensive rubbish/debris collection throughout property. The structure currently poses serious risks of full or partial collapse, fire, and chemical/biological hazards which render it unfit for human habitation. (b) Consider/Discuss/Action on recommendation regarding 0.1500 acre tract in the Morrison, Guinn Survey, Abstract 0559, generally known as 323 E. 7th St, Anna, Texas. This property shows signs of long time neglect; visible damage from weather and wood rot on exterior; electrical and plumbing systems not compliant or in a proper working condition; varying degrees of disrepair in the interior of property - standing water, mold, rotting wood, thick dust/dry chemicals permeating all surfaces, extensive rubbish/debris collection throughout property. The structure currently poses serious risks of full or partial collapse, fire, and chemical/biological hazards which render it unfit for human habitation. 3. (a) Public Hearing: To consider public comment regarding a 0.4600 acre tract in the G Stark Survey, Block 1, Tract 91, generally known as 921 S. Powell Parkway (Hwy 5), Anna, Texas. This property contains 1 pier and beam house in severe disrepair with signs of long term neglect, 1 mobile home with varying degrees of disrepair and long term neglect, lean-to's that show signs of collapsing, tall grass and weeds no shorter than three (3) feet in height. This property currently pose serious risks of full or partial collapse, proliferation of Dangerous Weeds, rodent harborage, tire, and it is not secure against intrusion from unauthorized persons which render this property a hazard to the public health, safety, and welfare. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary, at 972-924-3325 two tvorking days prior to the meeting so that appropriate arrangements can be made. BSC Agenda 06-09-11.doc Page 1 of 2 Posted 06-06-11 (b) Consider/Discuss/Action on recommendation regarding a 0.4600 acre tract in the G Stark Survey, Block 1, Tract 91, generally known as 921 S. Powell Parkway (Hwy 5), Anna, Texas. This property contains 1 pier and beam house mi severe disrepair with signs of long term neglect, l mobile home with varying degrees of disrepair and long term neglect, lean-to's that show signs of collapsing, tall grass and weeds no shorter than three (3) feet in height. This property currently pose serious risks of full or partial collapse, proliferation of DangerousWeeds, rodent harborage, and fire which render this property a hazard to the public health, safety, and welfare. 4. Adjourn This is to certify that I, Maurice Schwanke, Director of Planning and Development, verify that this agenda was posted at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 7:00 p.m., June 6, 2011. Maurice Schwanke Director of Planning and Development Persons with a disability who want to attend this meeting who may Head assistance should contact the City Secretary, at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. BSC Agenda 06-09-11.doc Page 2 of 2 Posted 06-06-11 ANNA CITY CODE OF ORDINANCES Part II Section 1.12 Dangerous Structuresp �dI Declaration of Nuisance. All Structures that are found to be Dangerous Structures, after notice and hearing as provided for under the provisions of this Section 1.12, are hereby declared to be public nuisances and shall be secured, repaired, vacated, or demolished as provided in this Section 1.12. 3 HEARING PROCESS 1, Opening of Hearing: if of Anna representatives present evidence and testimony. 2. Property owner(s) opportunity to present testimony or submit evidence. Commission may address questions to either the City or the Property owner(s) during this phase. 3. Public Comment Period: Please limit comments to three (3) minutes per speaker. 4. Close of the Hearing 5. Commission Members discussion: MEMBERS OF THE AUDIENCE ARE TO REFRAIN FROM ADDRESSING THE COMMISSION OR MAKING ANY PUBLIC STATEMENT DURING THIS PHASE. G. Resolution of motions by the Commission, conducting of votes, and issuance any order(s) approved and reeeiving at least three (3) votes. The Code Enforcement Official for the City investigates potentially Dangerous Structures by: ® Communicating with property owners; Conducting inspections from within public rights -of -way, access easements, or City premises; ® Entering the property in under a warrant and/or by the consent of the Property Owner or without prior authorization if an imminent hazard is present; gi Consulting resources such as county and state regulatory officials, health and safety publications, and building experts; Taking photographs, samples, and/or conducting other interviews as appropriate. DANGEROUS STRUCTURES Defined in Parl II, Section 1.12(c) of the Anna Code of Ordinances Any Structure "that is in an unsafe condition that could injure, hurt, or damage individuals or property" if it: 1) Is unoccupied and could be entered or used by vagrants or other uninvited persons as a place of harborage and/or could be entered or used by children; 2) Constitutes a danger to the public even if secured or is secured by means inadequate to prevent unauthorized entry or use; or 3) As in this case, is "dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare" for specified reasons. ('UNDI I lUW5 PRESENT Al 323 EAST I STREET: DIRECT HAZARDS • City Staff has identified this house as a Dangerous Structure because it: • Is dilapidated, decayed, unsafe, and unsanitary or utterly fails to provide amenities essential to decent living • Is likely to cause sickness, disease, or injury to the health or welfare • Has parts of the building which are attached in a manner likely to cause injury • Roof and exterior walls are inadequate to protect the occupants from weather elements and danger of collapse • Interior walls and ceiling have deteriorated such that the occupants are inadequately protected from danger of collapse and fire ('ORIDI I l"I S PRESENT AT 323 EAST 7T" STREET: DIRECT HAZARDS (CONT.) No potable water or sanitary sewer service to Property Substandard electrical system Prevalent fiber dusts Accumulations of combustible materials No proper means of climate control Water infiltration (standing water/rotting wood) These primary hazards are in violation of Sections 1.12(c)(3)(v), and (x); 1.23(a), (b), (d) thru (g), (j), (o), and (p); 1.24(a) thru (c); 1.26(a) thru (3), (e); 1.35; 1.36(a) and (c); 1.42(c); 1.43(a); and applicable City building codes, the City fire code, and other provisions relating to minimum standards for buildings. C )NDITIQNS PRESENT Al 323 EAST 7T" STREET: INDIRECT HAZARDS • Exterior of the Property: • Conditions or places which are breeding areas for flies and mosquitos • Tall grass/weeds creating a rodent harborage • Sewage/human excreta/wastewater discharged or exposed in such a way as to be a potential instrument or medium of disease transmission • Junked vehicle & miscellaneous rubbish on the premises • Interior of the Property: • Extreme risk of development of molds, fungus, and/or mildews hazardous to humans • Covered in dust, cleaning products, and/or dry pesticides unsafe for extended contact These conditions violate Section 1.12(c)(v); 1.20(a) and (d); 1.21; 1.26(a); and 1.37. m CODE ENFORCEMENT RECOMMENDA l 1UNo 1. The building located at 323 East Seventh Street be declared a Dangerous Structure 2. Order the owner to vacate the property immediately and secure it from unauthorized entry 3. Demolish this Dangerous Structure within 30 days and cleanup/remove any debris d, Correct other code violations on the property within 30 days The Commission's Order should also grant the City authority to act if the Otivner does not comply, specifically authorizing the City to: 1. Vacate and secure this Dangerous Structure 2. Demolish this Dangerous Structure 3. Remove the debris, rubbish, etc. from the property The Chairman will recognize any interested persons individually. Comments from the audience are limited tohree minutes per speaker unless more time is granted by the Commission. Section 1.12(g) Provides that the BSC may; Declare a Dangerous Structure is present Order the immediate removal of people or property Order action as necessary to remedy, alleviate, or remove any Dangerous Structure Determine the amount and duration of the civil penalty Take other appropriate action THIS HEARING HAS CONCLUDED (2) Section 1.12(j) THE COMMISSION'S ORDER SHALL BE IN WRITING AND: "[sjhall require the owner of I to within 30 days vacate, secure, repair, remove, or demolish the Structure, unless the owner or lienholder establishes at the hearing that the work cannot be reasonably performed within 30 days." If the Commission's Order is not fulfilled in the time allotted, the Order will authorize the City to demolish or repair the Dangerous Structure as appropriate. COMMISSION DISCUSSION PERIOD MEMBERS OF THE AUDIENCE ASKED TO REFRAIN FROM ADDRESSING THE COMMISSION OR MAKING ANY PUBLIC STATEMENT AT THIS TIME. 1 ANNA CITY UUUt OF ORDINANCES Part II Section 1.12 Dangerous Structures �d) Declaration of Nuisance. All Structures that are found to be Dangerous Structures, after notice and hearing as provided for under the provisions of this Section 1.12, are hereby declared to be public nuisances and shall be secured, repaired, vacated, or demolished as provided in this Section 1.12. 3 HEARING PROCESS i. Opening of Hearing: City of Anna representatives present evidence and testimony. ?. Property owner(s) opportunity to present testimony or submit evidence. Commission may address questions to either the City or the Property owner(s) during this phase. 3, Public Comment Period: Please limit comments to three (3) minutes per speaker. . Close of the Hearing 5. Commission Members discussion: MEMBERS OF THE AUDIENCE ARE TO REFRAIN FROM ADDRESSING THE COMMISSION OR MAKING ANY PUBLIC STATEMENT DURING THIS PHASE. G. Resolution of motions by the Commission, conducting of votes, and issuance any order(s) approved-arrd-receiving at least three (3) votes. The Code Enforcement Official for the City investigates potentially Dangerous Structures by: a Communicating with property owners; Conducting inspections from within public rights -of -way, access easements, or City premises; Entering the property in under a warrant and/or by the consent of the Property Owner or without authorization if an imminent hazard is present; Consulting resources such as county and state regulatory officials, health and safety publications, and building experts; Taking photographs, samples, and/or conducting other interviews as appropriate. i�ANGEROUS 01IT P�aTUMCC ' Defined in Parl II, Section 1.12(c) of the Anna Code ui u uinances Any Structure "that is in an unsafe condition that could injure, hurt, or damage individuals or property" if it: 1) Is unoccupied and could be entered or used by vagrants or other uninvited persons as a place of harborage and/or could be entered or used by children, 2) Constitutes a danger to the public even if secured or is secured by means inadequate to prevent unauthorized entry or uses or 3) As in this case, is "dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare" for specified reasons. CONDITIONS PRESENT AT 921 SOUTH POWELL PARKWAY: HAZARDS TO HEALTH & SAFETY Primary Structure: Pier &Beam House Secured by means inadequate to prevent unauthorized entry or use of the Structure Parts are rotting and decaying and/or near collapse Has become so dilapidated and unsafe that it is likely to injure persons or property Unfit for human habitation CONDITIONS PRESENT Al 921 SOUTH POWELL 'ARK�AIAYa HA?ARDS TO HEM TH & SAFETY Secondary Structure: Mobile Home Not fully secure Porch is at risk of collapse Tertiary Structures: "Lean -To #1" & "Lean -To #2" Both are in extreme danger of collapse, posing a risk of injury to persons or property Exterior Overgrown tall weeds &grass CODE VIOLATIONS PRESENT AT 921 SOUTH POWELL PARKWAY The hazards present at the Property violate the following Sections of the Anna Code of Ordinances: 1.20(d): Weeds &Tall Grass. 1.20(j): Rodent Harborage 1,23(a)3 (b), (d)-(g); (j); (q): General; Protective Treatment; Structural Members, Foundation Walls; Exterior Walls; Roofs & drainage; Stairways, decks, porches and balconies; Doors. 1.26: Rubbish and Garbage 1.27(a):Infestation 10 CODE ENFOFR FMrrd I RFrOMMEN Al 10N6 1. All structures located at 921 South Powell Parkway declared Dangerous Structures 2. Order the owner to immediately secure it from unauthorized entry 3. Demolish all the Dangerous Structures, and demolish or remove the mobile home, within 30 days and cleanup/remove any debris 4. Correct other code violations on the property within 30 days The Commission's Order should also grant the City authority to act if the Owner does not comply, specifically authorizing the City to: 1. Immediately enter properly to secure this Dangerous Structure ?_. Demolish these Dangerous Structures 3. Remove the debris, rubbish, etc. from the property 4. Place a lien on the property to recover the City's expenses The Chairman will recognize any interested persons individually. Comments from the audience are limited to .hree minutes per speaker unless more time is granted by the Commission. THIS HEARING HAS CONCLI "r". Section 1.12(g) Provides that the BSC may: Declare a Dangerous Structure is present Order the immediate removal of people or property Order action as necessary to remedy, alleviate, or remove any Dangerous Structure Determine the amount and duration of the civil penalty Take other appropriate action Section 1.12(j) THE COMMISSION'S ORDER SHALL BE IN WRITING AND: "[s]hall require the owner of the Structure to within 30 days vacate, secure, repair, remove, or demolish the Structure, unless the owner or lienholder establishes at the hearing that the work cannot be reasonably performed within 30 days." If the Commission's Order is not fulfilled in the time allotted, the Order will authorize the City to demolish or repair the Dangerous Structure as appropriate. COMMISSION DISCUSSION PERIOD MEMBERS OF THE AUDIENCE ASKED TO REFRAIN FROM ADDRESSING THE COMMISSION OR MAKING ANY PUBLIC STATEMENT AT THIS TIME. JUIy 4t11, Labor Day, Thanksgiving Day and the day after, Christmas Eve and Christmas Day) or on a Saturday, as the Animal Control Officers will only be running emergency calls on those days as well as on Sundays. During inclement weather conditions (i.e. temperatures below 40 degrees Fahrenheit, rain/snow, or excessive heat), cover traps must be covered with a blanket, placed in the shade, placed in an enclosure, or otherwise arranged to mitigate the effect of the weather on the Animal. Section 11. Assistance or Therapy Animals Upon request of an Animal Control Officer, the Owner or user of an Assistance Animal or Therapy Animal shall provide written proof signed by a licensed physician that removal of the Animal would be detrimental to the Person who requires the Animal for assistance. Section 12. Enforcement (a) Enforcement of this Article shall be the responsibility of Animal Control and/or other authorized Anna personnel and/or its authorized agent(s). (b) Animal Control Officers, Code Enforcement Officers, Health Inspectors, the LRCA, the LHA, Peace Officers, and/or other authorized Anna personnel or Anna's authorized agents shall have the authority to issue citations for any violation of this Article or remedy violations by limitations set forth by State or Federal law (c) If the Person being cited is not present, Animal Control or other authorized personnel or Anna's authorized agents) may send a citation to the alleged offender. Notice may be given in any one of the following ways: (a) sent via registered or certified mail addressed to the Owner at the Owner's address, or (b) by hand delivery to the Owner at the Owner's address. If Anna or its authorized agent(s) mails a citation to the Owner and the United States Postal Service returns the notice as "refused", "unclaimed", or if the address that was used for sending the citation is returned as "not deliverable as addressed" (or an equivalent marking), the validity of the citation mailed to the Owner is not affected, and the citation is considered to be delivered. (d) It shall be unlawful for any Person to interfere with Animal Control or any authorized Person, or any authorized agent in the performance of their duties under this Article. (e) Animal Control, Anna Police, LRCA, LHA, or other authorized personnel and/or Anna's authorized agents are given the right to trespass onto any private property in Anna in exigent circumstances for the purpose of determining whether or not any provision of this Article has been violated and to impound any Animal kept or Harbored in violation of any terms of this Article. Section 13. Penalty for the Violation of this Article Any Owner, Custodian, Person, firm, corporation or business entity violating this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding $2,000, Each continuing day's violation under this Article shall constitute a separate offense. While penal in nature, this Article shall not preclude Anna from filing suit to enjoin a violation. Anna retains all legal rights and remedies available to it pursuant to local, State and Federal law. (Ord. No. 369-2008, adopted 3/11/2008) Article 5 Reserved Article 6 Reserved Article 7 Reserved Article 8 BUILDING REGULATIONS Section 1. Property Maintenance Code 1.01 Title The short title for this section of The Anna City Code of Ordinances is the Property Maintenance Code ("this PMC"). 1.02 Scope The provisions of this PMC apply to all existing residential and nonresidential Structures and all existing premises and constitute minimum requirements and standards for Premises, Structures, equipment and facilities for light, Ventilation, space, heating, sanitation, protection from the elements, safety of lives, safety from any hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and Occupants; the Occupancy of existing Structures and Premises; and for administration, enforcement and penalties. 1.03 Intent This PMC shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued Occupancy and maintenance of Structures and Premises. Existing Structures and Premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, additions to and change of Occupancy in existing buildings shall comply with the International Existing Building Code, 1.04 Severability If a section, subsection, sentence, clause or phrase of this PMC is, for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this PMC. 1.05 Applicability (a) General. The provisions of this code shall apply to all matters affecting or relating to Structures and Premises, as set forth in subsection 1.01-1.04. Where, in a specific case, different provisions of this PMC specify different requirements, the most restrictive shall govern. (b) Maintenance Equipment, systems, devices and safeguards required by this PMC or a previous regulation or Code under which the Structure or Premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any Structure, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this PMC are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing Structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, Structures and Premises. (c) Application of other Codes. Repairs, additions or alterations to a Structure, or changes of Occupancy, shall PART 11 THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 15 be done in accordance with the procedures and provisions of the International Existing Building Code. (d) Existing remedies. The provisions in this PMC shall not be construed to abolish or impair existing remedies available —at law or in equity —to the City or its officers or agents relating to the removal or demolition of any Structure which is unsafe or insanitary. (e) Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this PMC shall be executed and installed in a Workmanlike manner and installed in accordance with the manufacturer's installation instructions. (f) Historic buildings. The provisions of this PMC shall not be mandatory for existing buildings or Structures designated as historic buildings when such buildings or Structures are judged by the Code Official to be safe and in the public interest of health, safety and welfare. (g) Referenced Codes and standards. The Codes and standards referenced in this PMC shall be those that are listed in and considered part of the requirements of this PMC to the prescribed extent of each such reference. Where differences occur between provisions of this PMC and the referenced standards, the provisions of this PMC shall apply. (h) Requirements not covered by Code. Requirements necessary for the strength, stability or proper operation of an existing fixture, Structure or equipment, or for the public safety, health and general welfare, not specifically covered by this PMC, shall be determined by the Code Official in a manner consistent with advancing the interest of public health and safety. 1.06 Department of Property Maintenance Inspection (a) General. The department of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the Code Official. (b) Appointment. The Code Official shall be appointed by the City Manager as an at -will employee or independent contractor. (c) Deputies. Subject to the approval of the City Manager, the Code Official shall have the authority to appoint deputy Code Officials, other related technical officers, inspectors and other employees. (d) Liability. The Code Official, officer or employee charged with the enforcement of this PMC, while acting for the City in the lawful discharge of duties and under the provisions of this PMC, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to Person or property as a result of an act required or permitted in the discharge of official duties. (e) Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this PMC shall be defended by the City Attorney or the designee of the City Attorney until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this PMC, and the Code Official or any subordinate, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith, subject to the statutory limits applicable to Texas municipalities. 1.07 Fees The fees for activities and services performed by the department in carrying out its responsibilities under this PMC shall be as indicated in the schedule attached to Part II of The Anna City Code of Ordinances as Part IV, Schedule of Fees. 1.08 Duties and Powers of the Code Official (a) General. The Code Official shall enforce the provisions of this PMC. (b) Rulemaking authority. The Code Official shall have no rulemaking authority. However, with the approval of the City Manager, the Code Official may make recommendations to the City Council to amend this PMC in the interest of public health, safety and general welfare. (c) Inspections. The Code Official shall make all of the required inspections, or shall accept reports of inspection by approved deputies. All reports of such inspections shall be in writing and be signed by the Person who performed the inspection and by the Code Official if someone other than the Code Official performed the inspection. With the approval of the City Manager, the Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise. (d) Right of entry. The Code Official is authorized to enter the Structure or Premises at reasonable times to inspect, subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused for any reason, the Code Official is authorized to pursue recourse as provided by law to gain entry, subject to the prior approval of the City Manager and the City Attorney. (e) Identification. The Code Official shall carry proper identification when inspecting Structures or Premises in the performance of duties under this PMC. (f) Notices and orders. The Code Official shall issue all necessary notices or orders to ensure compliance with this PMC. (g) Department records. The Code Official shall keep official records of all business and activities of the department specified in the provisions of this PMC. Such records shall be retained in the official records as long as the building or Structure to which such records relate remains in existence, unless otherwise provided for by other regulations. (h) Coordination of inspections. Whenever in the enforcement of this PMC or another Code or ordinance, the responsibility of more than one Code Official of the City is involved, it shall be the duty of the Code Officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the Structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or Code not within the inspector's authority to enforce, the inspector shall report the findings to the Code Official or other law enforcement officer having jurisdiction. PART 11 THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 16 1.09 Approval (a) Modifications. Whenever there are undue burdens involved in carrying out the provisions of this PMC, the Code Official shall have the authority to grant modifications for individual cases, provided the Code Official shall first find that special individual reasons make the strict letter of this PMC unduly burdensome and the modification is in compliance with the intent and purpose of this PMC and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files. (b) Alternative materials, methods and equipment. The provisions of this PMC are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this PMC, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the Code Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this PMC, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this PMC in quality, strength, effectiveness, fire resistance, durability and safety. (c) Required testing. Whenever there is insufficient evidence of compliance with the provisions of this PMC, or evidence that a material or method does not conform to the requirements of this PMC, or in order to substantiate claims for alternative materials or methods, the Code Official shall have the authority to require tests to be made as evidence of compliance at no expense to the City. (d) Test methods. Test methods shall be as specified in this PMC or by other recognized test standards. In the absence of recognized and accepted test methods, the Code Official shall be permitted to approve appropriate testing procedures performed by an approved agency. (e) Test reports. Reports of tests shall be retained by the Code Official for the period required for retention of public records. (f) Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved. 1.10 Violations (a) Unlawful acts. It shall be unlawful for a Person, firm or corporation to be in conflict with or in violation of any of the provisions of this PMC or to create, allow, or maintain a condition of property that is in violation of any of the provisions of this PMC. (b) Notice of violation. The Code Official shall serve a notice of violation or order in accordance with the applicable notice provision of this PMC. (Ord. No. 498-2010, adopted 5125110) (c) Prosecution of violation. Failing to comply with a notice of violation or order issued under section 1.12 or section 1.22 is a Class C misdemeanor, punishable by a fine not to exceed $1,000. Notwithstanding the foregoing, at the sole discretion of the municipal prosecutor, any such failure to comply or other violation of this PMC may be prosecuted as a Class C misdemeanor punishable by a fine not to exceed $500, and if so prosecuted the failure to comply or violation shall be deemed a Strict Liability Offense. A violation of section 1.21 is a Class C misdemeanor punishable by a fine not to exceed $200. Subject to the municipal prosecutor's option to prosecute any violation as a Class C misdemeanor strict liability violation punishable by a fine not to exceed $500, any violation of this PMC—other than failure to comply with a notice of violation or order issued under section 1.12 or 1.22 or a violation of section 1.21—is a Class C misdemeanor punishable by a fine not to exceed $2,000 or the maximum amount otherwise established by law. It is no defense to prosecution for any violation of this PMC that the City or its agents did not adhere to the notice and hearing procedures set forth in this PMC. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (d) Other remedies. If a notice of violation or order issued under this PMC is not complied with, the Code Official shall institute the appropriate proceeding at law or in equity to restrain, correct or Abate such violation or to require the removal or termination of the unlawful Occupancy of the Structure in violation of the provisions of this PMC or of the order or direction made pursuant thereto. (e) Lien. Any action taken by the authority having jurisdiction on such Premises shall be charged against the real estate upon which the applicable violation or Structure is located and shall be a lien upon such real estate. To obtain a lien against the property, the mayor, municipal health authority, or municipal official designated by the mayor must file a statement of expenses with the county clerk of Collin County. The lien statement must state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the county clerk. The lien obtained by the City is security for the expenditures made and interest accruing at the rate of 10% on the amount due from the date of payment by the City. In order to obtain a release of lien from the City, the current property owner shall pay to the City the lien amount plus any accrued interest, all filing fees, and any expenses to be incurred by the City for preparing and filing the release of lien. The lien is inferior only to: (1) tax liens; and (2) liens for street improvements. (Ord. No. 498-2010, adopted 5/25/10) (f) Subject to the approval by the City Council, the City Attorney may bring a suit for foreclosure in the name of the City to recover the expenditures and interest due. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the City in doing the work or making the improvements. The remedies provided by this section are in addition to all other remedies. The City may foreclose a lien on property under this subsection in a proceeding relating to the property brought under Subchapter E, Chapter 33, Tax Code. (Ord. No. 498-2010, adopted 5l25/10) (g) Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the City Attorney from PART 11 THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 17 instituting appropriate action to restrain, correct or Abate a violation, or to prevent illegal Occupancy of a building, Structure or Premises, or to stop an illegal act, conduct, business or utilization of the building, Structure or Premises. 1.11 Notices, Orders and Abatement for Violations that do not Constitute Dangerous Structures or Junked Vehicles (a) Notice to Person responsible. Except in cases where the Code Official determines that a violation of this PMC arises under section 1,12 (Dangerous Structures), 1.21 (Junked Vehicles) or 1.22 (Swimming Pool Enclosures), a Code Official that determines that there has been a violation of this PMC or has grounds to believe that a violation has occurred, shall give notice —in the manner prescribed in Sections 1 A I (b) and 1.11(c)—to the property owner or Person responsible for the violation and other Persons, if any, as specified in this PMC. In cases involving Dangerous Structures, the notice shall be served and be in the form prescribed by the provisions of section 1.12. (Ord. No. 498-2010, adopted 5/25/10) (b) Form. The notice prescribed in section 1.11(a) shall be in accordance with all of the following: (1) be in writing; (2) include a description of the real estate sufficient for identification; (3) include a statement of the violation or violations and why the notice is being issued; (4) include a directive that if the violation(s) is not corrected within 10 days, the City may enter the property to abate or otherwise correct the violation; (Ord. No. 498-2010, adopted 5125110) (5) include a statement of the City's right to file a lien in accordance with section 1.10(e); (6) (Ord. No. 498-2010, adopted 5/25/10) (7) include a statement that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the City without further notice may correct the violation at the owner's expense and assess the expense against the property. (c) Method of service. Such notice shall be deemed to be properly served if a copy thereof is given: (1) personally to the owner in writing; (2) by regular mail to the owner at the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located; or (Ord. No. 498-2010, adopted 5/25/10) (3) if personal service cannot be obtained: (i) by publication at least once in a newspaper of general circulation in the City; by posting the notice on or near the front door of each building on the property to which the violation relates; or by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. (d) If the Code Official mails a notice to a property owner in accordance with this subsection and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered to have been delivered. (e) Penalties. Unless otherwise made compulsory by state law, penalties for noncompliance with orders and notices shall be as set forth in section 1.10. (f) Abatement by City. If the owner of property in the City does not comply with this PMC by abating the violation within 10 days of notice of a violation, the City may do the work or make the improvements required and/or pay for the work done or improvements made; and in either event may charge the expenses to the owner of the property. (1) In the event the violation is abated by the City, an administrative cost of $150 per violation shall be added to total cost of abatement. (2) Where City employees are required to abate a violation (except for abating weeds and tall grass violations), the City's actual costs shall include the administrative cost, plus $25 per hour of each employee working on the abatement. The minimum charge shall be one hour per employee. Additional charges shall accrue every quarter hour after one hour. (3) Where City employees are required to abate weeds and tall grass violations, the City's actual cost shall include the administrative cost, plus $50 per lot, plus $0.02 per square foot on lots that exceed 21$780 square feet for every square foot over 21,780. Where the abatement activity exceeds one hour, the actual cost shall include an additional $25 per hour for each employee working on the abatement. Charges shall accrue every quarter hour after one hour. Additional charges for disposing of debris and obstructions and other abatement -associated activities may be assessed. (Ord. No. 498-2010, adopted 5/25/10) (g) If a violation covered by a notice under this subsection occurs within the one-year period, and the City has not been informed in writing by the owner of an ownership change, then the City without notice may take any action permitted by in this subsection and assess its expenses in accordance with this PMC. (Ord. No. 498-2010, adopted 5125110) 1.12 Dangerous Structures (a) General. When a Structure is found to be a Dangerous Structure by the Code Official, the Structure may be addressed pursuant to the provisions of this Secton1.12, providing for notice and a public hearing. PART II THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 18 (b) Reference to state law. This Section 1.12 is adopted pursuant to Chapter 54, Subchapter C of the Texas Local Government Code. (c) Definitions. Dangerous Structure means a Structure that is in an unsafe condition that could injure, hurt, or damage individuals or property and that: (1) regardless of its structural condition, is unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; or (2) is boarded up, fenced, or otherwise secured in any manner if the Structure constitutes a danger to the public even though secured from entry, or if the means used to secure the Structure are inadequate to prevent unauthorized entry or use of the Structure; or (3) is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare, and which: (i) contains one or more interior walls or other vertical structural members that list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base; (ii) exclusive of the foundation, shows 33% or more damage/deterioration to the supporting members) or 50% or more damage/deterioration to the nonsupporting enclosure(s) or to outside walls or coverings; (iii) has one or more improperly distributed loads upon the floors or roofs, or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used; (iv) has been damaged by fire, wind, or other causes so as to have become dangerous to persons or property; (v) has become or is so dilapidated, decayed, unsafe, or unsanitary, or which utterly fails to provide amenities essential to decent living so that they are unfit for human habitation, or are likely to cause sickness, disease, or injury to the health or welfare of those living therein; (vi) has parts thereof which are attached in a manner that they have or could fall and injure persons or property; (vii) has a foundation that is not so free of holes, cracks, buckling, crumbling, and defects as to adequately support the Structure; (viii) does not have a floor, exterior wall and roof that is so free of holes, cracks and loose, rotten, warped or protruding boards necessary to reasonably protect the Occupants of the Structure from weather elements and from danger of collapse; (ix) does not have interior walls and ceilings that are so free of holes, cracks, loose plaster, loose and baggy wallpaper, defective materials and structural deterioration as to reasonably serve their purpose and as to protect the Occupants of the Structure from danger of collapse and of fire; or (x) exists in violation of any provision of any applicable building code(s) of the City, any provision of the City's fire code, or other ordinances of the City as such provisions relate to minimum standards for buildings or Structures. Occupant means any individual living or sleeping in a building or Structure or having possession of a space within a building or Structure. (d) Declaration of Nuisance. All Structures that are found to be Dangerous Structures, after notice and hearing as provided for under the provisions of this Section 1.12, are hereby declared to be public nuisances and shall be secured, repaired, vacated, or demolished as provided in this Section 1.12. (e) Designation of Official. The Code Official or that person's designee shall —with or without the assistance of other City personnel, officials, or consultants —present all cases at hearings presided over by the Commission. (f) Building and Standards Commission, A Building and Standards Commission ("Commission") is hereby established, which shall be constituted by the same members appointed by the City Council to serve as the City's Board of Adjustment. The purpose of the Commission is to hear and determine cases under this Section 1.12. A majority of the regular members of the Commission must be present for any hearing. Vacancies shall be filled in the same manner that vacancies are filled on the Board of Adjustment and the regular membership of the Commission and the regular membership of the Board of Adjustment shall be the same. A majority of the entire regular Commission members shall adopt, as necessary, all rules for hearings and other Commission matters in accordance with this Section 1.12. The City Council shall have the authority to review and modify such rules at its discretion. All meetings and hearings conducted by the Commission shall be open to the public and minutes shall be kept of all such meetings and hearings, recording the vote of each member. Said minutes shall be filed immediately in the offices of the City as public records. A majority vote of the Commission members voting on a matter is necessary to take any action. (g) Building and Standards Commission Functions. After the public hearing required under this Section 1.12, the Commission may do any or all of the following: (1) declare a Structure to be a Dangerous Structure; (2) order the repair, within a fixed period as set forth in this Section 1.12, of a Structure it determines to be a Dangerous Structure or a Structure it determines to be in violation of applicable health and safety ordinances, code provisions, or other regulations adopted by the City; (3) order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure the removal if it is determined that conditions exist on the property that PART II THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 19 constitute a Dangerous Structure, and order action to be taken as necessary to remedy, alleviate, or remove any Dangerous Structure found to exist; (4) issue orders or directives to any peace officer of the state, including a sheriff, or constable, or the chief of police of the City, to enforce and carry out the lawful orders or directives of the Commission; (5) determine the amount and duration of the civil penalty the City may recover as provided for under the Texas Local Government Code, Chapter 54, subchapter B by filing a certified copy of the order with the district clerk for Collin County; or (6) take any other appropriate action as set forth under this Section 1.12. (h) Pre -hearing notice. Except as otherwise stated in this Section 1.12, when a Structure is found to be a Dangerous Structure by the Code Official, the Code Official must send or deliver written notice of a public hearing regarding the Dangerous Structure. The notice must be sent or delivered on or before the 101h day before the date of the hearing by personal delivery, by certified mail with return receipt requested, or by delivery by the United States Postal Service using signature confirmation service, to the record owner(s) of the affected property, and each holder of a recorded lien against the affected property, as shown by the records in the office of the county clerk of the county in which the affected property is located if the address of the lienholder can be ascertained from the deed of trust establishing the lien or other applicable instruments on file in the office of the county clerk. The notice must also be provided to the public and to all unknown owners on or before the 101h day before the date of the hearing, by: (1) publishing the notice in a newspaper of general circulation in the City; and (2) posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable. The notice must contain the name and address of the known owner(s) of the Structure, a legal description of the property, and the date, time, and place of the public hearing. The notice must contain a general description of the condition(s) of the Dangerous Structure(s) that must be remedied and must state 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 to comply with the applicable standards set forth in this PMC or referenced in this Section 1.12 and the time it will take to reasonably perform the work. (i) Hearing and order. A hearing under this Section 1.12 must be held by the Commission. After the public hearing, if a Structure is found by the Commission to be a Dangerous Structure according to the standards set forth or referenced in this Section I A2, the Commission may order that the Structure be vacated, secured, repaired, removed, or demolished by the owner within a reasonable time as provided by this Section 1.12. The Commission also may order that the Occupants, if any, be relocated within a reasonable time. In a public hearing to determine whether a Structure complies with the standards set out in this Section 1.12, the owner, lienholder, or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with the applicable standards set forth in this PMC or referenced in this Section 1.12 and the time it will take to reasonably perform the work. (j) Content of order. The Commission's order shall be in writing and shall require the owner of the Structure to within 30 days vacate, secure, repair, remove, or demolish the Structure, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days. (k) If the Commission allows the owner more than 30 days to repair, remove, or demolish the Structure, the Commission shall establish specific time schedules for the commencement and performance of the work (said schedules must be incorporated into the order) and shall require the owner to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the Commission. (I) The Commission may not issue an order allowing the owner more than 90 days to repair, remove, or demolish the Structure or fully perform all work required to comply with the order unless the owner: (1) submits a detailed plan and time schedule for the work at the hearing; and (2) establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work. (m) If the Commission allows more than 90 days to complete any part of the work required to repair, remove, or demolish the Structure, the order shall require the owner to regularly submit progress reports to the Commission to demonstrate compliance with the time schedules established for commencement and performance of the work. The order may require that the owner appear before the Code Official or the Code Official's designee to demonstrate compliance with the time schedules. If the owner owns property, including Structures or improvements on property, within the municipal boundaries that exceeds $100,000 in total value, the Commission may include in the order a requirement that the owner post a cash or surety bond in an amount adequate to cover the cost of repairing, removing, or demolishing a Structure under this Section 1.12. In lieu of a bond, the Commission may require the owner, lienholder, or mortgagee to provide a letter of credit from a financial institution or a guarantee from a third party approved by the Commission. The bond must be posted, or the letter of credit or third -party guarantee provided, not later than the 30th day after the date the Commission issues the order. (n) Post -hearing notice. If the owner was not present at the public hearing, the Commission shall send a copy of the order to the owner by certified mail, return receipt requested. If the owner or responsible party does not take the ordered action within the time allotted in the order, the Commission shall make a diligent effort to discover each mortgagee and lienholder having an interest in the Structure or in the property on which the Structure is located. The Commission satisfies the requirements to make a diligent effort, to use its best efforts, or to make a reasonable effort to determine the identity and address of an owner, a lienholder, or a mortgagee if the following records are searched: PART II THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 20 ( I real property records of the county in which the Structure is located; (2) records of the appraisal district in which the Structure is located; (3) records of the secretary of state; (4) assumed name records of the county in which the Structure is located; (5) tax records of the municipality; and (6) utility records of the municipality. (o) Once steps have been taken to identify each mortgagee and lienholder as referenced in Section 1,12(n), the Code Official shall obtain personal delivery on or shall send by certified mail, return receipt requested, to each identified mortgagee and lienholder a notice containing: (1) an identification, which is not required to be a legal description, of the Structure and the property on which it is located; (2) a description of the violation of the City's standards that is present at the Structure; and (3) a statement that the City will vacate, secure, remove, or demolish the Structure or relocate the Occupants of the Structure if the ordered action is not taken within a reasonable time. (p) Alternative Procedure. As an alternative to the procedure prescribed by Sections 1.12(n) and 1.12(0)I the City may make a diligent effort to discover each mortgagee and lienholder before conducting the public hearing referenced in Section 1.12(i) and may give them a notice of and an opportunity to comment at the hearing. The notice must be sent certified mail, return receipt requested, and must state 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 to comply with this the applicable standards set forth in this PMC or referenced in this Section 1.12 and the time it will take to reasonably perform the work. In addition, 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 must contain the name and address of the owner of the affected property if that information can be determined, a legal description of the affected property, and a description of the hearing including the time and place it is to be held. 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 acquires such interest after the filing of the notice. If the City operates under this Section 1.12(p), the order issued by the Commission as a result of the public hearing may specify a reasonable time as provided by this Section 1.12 for the Structure to be vacated, secured, repaired, removed, or demolished by the owner or for the Occupants to be relocated by the owner and an additional reasonable time as provided by this Section 1.12 for the ordered action to be taken by any of the mortgagees or lienholders in the event the owner fails to comply with the order within the time provided for action by the owner. (q) Filing, publication and mailing of order. Regardless of which of the two procedures set forth above is exercised by the City, the Commission shall within 10 days after the date that the order is issued: (1) file a copy of the order in the office of the City Secretary; and (2) publish in a newspaper of general circulation in the municipality in which the Structure is located a notice containing: (i) the street address or legal description of the property; (ii) the date the hearing was held; (iii) a brief statement indicating the contents of the order; and (iv) instructions stating where a complete copy of the order may be obtained. (r) If the City did not proceed under the alternative procedure described in Section 1.12(p), then, after the public hearing, the Code Official shall promptly mail by certified mail, return receipt requested, or personally deliver a copy of the order to the owner of the Structure and to any lienholder or mortgagee of the Structure. The City shall use its best efforts to determine the identity and address of any owner, lienholder, or mortgagee of the Structure. (s) Remedies in the event of noncompliance. If the Structure is not vacated, secured, repaired, removed, or demolished, or the Occupants are not relocated within the allotted time, the City may vacate, secure, remove, or demolish the Structure or relocate the Occupants at its own expense. This Section 1.12 does not limit the ability of the City to collect on a bond or other financial guaranty that may be required elsewhere in this PMC. If the City incurs expenses under this Section 1.12, the City may assess the expenses on, and the City has a lien against, unless it is a homestead as protected by the Texas Constitution, the property on which the Structure was located. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the City for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the county clerk in the county in which the property is located. The notice 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 Structure was located, the amount of expenses incurred by the City, and the balance due. (t) Undelivered notice. When the Code Official or other City agent mails a notice in accordance with this Section 1.12 to a property owner, lienholder, or mortgagee and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered. (u) Additional authority to secure a substandard Structure. The City may secure a Structure that the Code Official determines: (1) violates the minimum standards of this PMC or other minimum standards referenced in this Section 1.12; and (2) is unoccupied or is occupied only by persons who do not have a right of possession to the Structure. PART II THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 21 (v) Notice pertaining to securing Structure. Before the 11`h day after the date a Structure is secured under Section 1,12(u), the City shall give notice to the owner by: (1) personally serving the owner with written notice; (2) depositing the notice in the United States mail addressed to the owner at the owner's post office address; (3) publishing the notice at least twice within a 10-day period in a newspaper of general circulation in the county in which the Structure is located if personal service cannot be obtained and the owner's post office address is unknown; or (4) posting the notice on or near the front door of the Structure if personal service cannot be obtained and the owner's post office address is unknown. (w) Content of notice. The notice referenced under Section 1.12(v) under must contain: (1) an identification, which is not required to be a legal description, of the Structure and the property on which it is located; (2) a description of the violation of the City standards that is present at the Structure; (3) a statement that the City will secure or has secured, as the case may be, the Structure; and (4) an explanation of the owner's entitlement to request a hearing about any matter relating to the City's securing of the Structure. (x) Hearing. After securing a substandard structure under Section 1.12(u), the Commission shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the City's securing of the Structure if the owner files a written request for a hearing with the Commission within 30 days after the date the City secures the Structure. The Commission shall conduct the hearing within 20 days after the date the request is filed. (y) Expenses. The City has the same authority to assess expenses for securing a substandard structure under Section 1.12(u) as it has to assess expenses under Section 1.12(s). A lien is created under this subsection (y) in the same manner that a lien is created under Section 1.12(s) and is subject to the same conditions as a lien created under that subsection. (z) Seizure and sale of property to recover expenses. The City may foreclose a lien on property under this Section 1.12: (1) in a proceeding relating to the property brought under Subchapter E, Chapter 33, Tax Code (V.T.C.A., Tax Code §33.91 et seq.); or (2) in a judicial proceeding, if: i. a Structure or other Structure on the property has been demolished; (ii) a lien for the cost of the demolition of the Structure or other Structure on the property has been created and that cost has not been paid more than 180 days after the date the lien was filed; and (iii) ad valorem taxes are delinquent on all or part of the property. (aa) Salvage materials. When any Structure has been ordered demolished and removed, the City or its agent(s) shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition, removal and sale, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, to the owner, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. 1.13 Dangerous Equipment (a) Dangerous equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the Premises or within the Structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or Occupants of the Premises or Structure. (b) Procedure and remedies. Regarding equipment that is deemed dangerous, the provisions of section 1.12 shall apply as if set forth here in full, except that the word "equipment" shall take the place of the words "Structure" and "building." 1.14 Emergency Measures (a) Imminent Danger. When in the opinion of the Code Official, there is Imminent Danger of failure or collapse of a building or Structure which endangers life, or when any Structure or part of a Structure has fallen and life is endangered by the occupation of the Structure, or when there is actual or potential danger to the building Occupants or those in the proximity of any Structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or the operation of defective or dangerous equipment, the Code Official is hereby authorized and empowered to order and require the Occupants to vacate the Premises forthwith. The Code Official shall cause to be posted at each entrance to such Structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any Person to enter such Structure except for the purpose of securing the Structure, making the required repairs, removing the hazardous condition or demolishing the same. (b) Temporary safeguards. Notwithstanding other provisions of this PMC, whenever, in the opinion of the Code Official, there is Imminent Danger due to an unsafe condition, the Code Official shall order the necessary work to be done, including the closing or securing of openings, to render such Structure temporarily safe, the removal of dangerous materials or debris, or the abatement of some other unsafe condition, whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the Code Official deems necessary to meet such emergency. (Ord. No. 498-2010, adopted 5/25/10) (c) Closing streets. When necessary for public safety, the Code Official shall temporarily close Structures and close, or order the authority having jurisdiction to close sidewalks, streets, Public ways and places adjacent to PART 11 THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 22 unsafe Structures, and prohibit the same from being utilized. (d) Emergency repairs. For the purposes of this subsection, the Code Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. (e) Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the City. The City may file a lien in accordance with the provisions of section 1.10(e) or institute appropriate action against the owner of the Premises where the unsafe Structure or unsafe condition is or was located, or take any other action allowed in law or in equity, for the recovery of such costs. (Ord. No. 498-2010, adopted 5/25/10) (f) Hearing. Any Person ordered to take emergency measures shall comply with such order forthwith. Any affected Person shall thereafter be afforded a hearing as described in section 1.20(h) of this PMC. (Ord. No. 498-2010, adopted 5/25/10) 1.15 Transfer of Ownership Transfer of ownership. It shall be unlawful for the owner of any Dwelling Unit, Structure or Premises who has been served with a compliance order or upon whom a notice of violation has been served under any part of this PMC, to sell, transfer, mortgage, lease or otherwise dispose of such Dwelling Unit, Structure or Premises to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. 1.16 Reserved 1.17 Scope, References and Interpretation (a) Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this PMC, have the meanings shown in this section. (b) Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. (c) Terms defined in other Codes. Where terms are not defined in this PMC and are defined in the International Building Code, International Fire Code, International Zoning Code, International Plumbing Code, International Mechanical Code, International Existing Building Code or the ICC Electrical Code, such terms shall have the meanings ascribed to them as in those Codes. (d) Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. (e) Parts. Whenever the words "Dwelling Unit," "dwelling," "Premises," "building," "Structure," "Rooming House," "Rooming Unit," "Housekeeping Unit" or "story" are stated in this PMC, they shall be construed as though they were followed by the words "or any part thereof or any Premises on which they are located." (f) Geographic scope. To the extent that this PMC prohibits Nuisances, it applies within the City and within 5,000 feet outside the corporate limits. In this PMC, references to conditions or areas as being "in the City" or "within the City" or similarly described conditions or areas include all areas within the corporate limits and within 5,000 feet outside the corporate limits of the City. 1.18 General Definitions Abate means to eliminate by removal, repair, rehabilitation, or demolition. Apartment Building means any Structure containing three or more Dwelling Units used as a home, residence or sleeping place by one Person, or more than one Person maintaining a common household, to the exclusion of others, under a lease or rental contract or arrangement with one or more Owners of the Structure. (Ord. No. 475-2009, adopted 10-27-091 Apartment Complex means an Apartment Building or more than one adjacent Apartment Buildings, which are under common Ownership and management. (Ord. No. 475-2009, adopted 10-27-09) Approved means to approve by the Code Official. Basement means that portion of a building which is partly or completely below grade. Bathroom means a room containing plumbing fixtures including a bathtub or shower. Bedroom means any room or space used or intended to be used for sleeping purposes. Code Official means the official who is charged with the administration and enforcement of this PMC, or any duly authorized representative. Condemn means to adjudge unfit for Occupancy. Dangerous Structure means a Structure that: dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare; (b) regardless of its structural condition, is unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited Persons as a place of harborage or could be entered or used by children; or (c) is boarded up, fenced, or otherwise secured in any manner if the building constitutes a danger to the public even though secured from entry or the means used to secure the building are inadequate to prevent unauthorized entry or use of the building. Dwelling Unit means a single unit providing complete, independent living facilities for one or more Persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. PART II THE ANNA CITY CODE OF ORDINANCES —current through 2/15l2011 PAGE 23 Easement means that portion of land or property reserved for present or future use by a Person or agency other than the legal fee owner(s) of the property. The Easement shall be permitted to be for use under, on or above a lot or lots. ExteriorProperty means the open space on the Premises and on adjoining property under the control of owners or Persons of such Premises. Extermination means the control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, or trapping; or by use of any other Approved pest elimination methods. Garbage means the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. Guard means the building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. Habitable Space means the space in a Structure for living, sleeping, eating or cooking. Bathrooms, Toilet Rooms, closets, halls, storage or utility spaces, and similar areas are not considered Habitable Spaces, Housekeeping Unit means a room or group of rooms forming a single Habitable Space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower. Imminent Danger means a condition which could cause serious or life -threatening injury or death at any time. Infestation means the presence, within or contiguous to, a Structure or Premises of insects, rats, vermin or other pests. Junked Vehicle means a vehicle that is self-propelled and: (a) does not have lawfully attached to it: (1) an unexpired license plate; or (2) a valid motor vehicle inspection certificate; and (b) is: (1) wrecked, dismantled or partially dismantled, or discarded; or (2) inoperable and has remained inoperable for more than: (1) 72 consecutive hours, if the vehicle is on Public property; or (ii) 30 consecutive days, if the vehicle is on private property. Labeled means devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above -Labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards. Let For Occupancy or Let means to permit, provide or offer possession or Occupancy of a dwelling, Dwelling Unit, Rooming Unit, building, Premise or Structure by a Person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement or contract for the sale of land. Nuisance means and includes: (a) a condition or place that is a breeding place for flies; (b) spoiled or diseased meats intended for human consumption; (c) a restaurant, food market, bakery, other place of business, or vehicle in which food is prepared, packed, stored, transported, sold, or served to the public and that is not constantly maintained in a sanitary condition; (d) sewage, human excreta, wastewater, Garbage, or other organic Wastes deposited, stored, discharged, or exposed in such a way as to be a potential instrument or medium in disease transmission to a Person or between Persons; (e) a vehicle or container that is used to transport Garbage, human excreta, or other organic material and that is defective and allows leakage or spilling of contents; (f) a collection of water in which mosquitoes are breeding in the limits of a municipality or a collection of water that is a breeding area for Culex quinquefasciatus mosquitoes that can transmit diseases regardless of the collection's location other than a location or property where activities meeting the definition of Section 11.002(12)(A), Texas Water Code, occur; (g) a condition that may be proven to injuriously affect the public health and that may directly or indirectly result from the operations of a bone boiling or fat rendering plant, tallow or soap works, or other similar establishment; (h) a place or condition harboring rats; (i) the presence of ectoparasites, including bedbugs, lice, and mites, suspected to be disease carriers in a place in which sleeping accommodations are offered to the public; (j) the maintenance of an open surface privy or an overflowing septic tank so that the contents may be accessible to flies; (k) an object, place, or condition that is a possible and probable medium of disease transmission to or between humans; and (I) any condition of property or matter prohibited by this PMC. Occupancy means the purpose for which a building or portion thereof is utilized or occupied. Occupant means any individual living or sleeping in a building, or having possession of a space within a building. Openable Area means part of a window, skylight or door which is available for unobstructed Ventilation and which opens directly to the outdoors. Person means any Person who has charge, care or control of a Structure or Premises which is Let or offered for Occupancy. Owner means any Person, agent, Person, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such Person, and the executor or administrator of the estate of such Person if ordered to take possession of real property by a court. PART 11 THE ANNA CITY CODE OF ORDINANCES —current through 2l15/2011 PAGE 24 Operator means an individual, corporation, partnership or any other group acting as a unit. Pool means a permanent swimming Pool, permanent wading or reflection Pool, or permanent hot tub or spa over 18 inches deep, located at ground level, above ground, below ground, or indoors. Pool Yard means an area that contains a Pool. Pool Yard Enclosure or Enclosures means a fence, wall, or combination of fences, walls, gates, windows, or doors that completely surround a Pool. Premise(s) means a lot, plot or parcel of land, Easement or Public way, including any Structures thereon. Public Accommodation means any premises, Structure, building, room, or facility that is privately owned and operated for profit and that is generally accessible to the public regardless of whether payment is required for the public to gain access and includes, but is not limited to the following: (a) an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor; (b) a restaurant, bar, or other establishment serving food or drink; (c) a motion picture house, theater, concert hall, stadium, or other place of exhibition entertainment; (d) an auditorium, convention center, lecture hall, stadium, or other place of public gathering; (e) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment; (f) a Laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, truck stop, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment; (g) a terminal, depot, or other station used for specified public transportation; (h) a museum, library, gallery, or other place of public display or collection; (i) a park, zoo, amusement park, or other place of recreation;\ 0) a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education; (k) a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and (1) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation. 7 Public Way means any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for Public use. (Ord. No. 475-2009, adopted 10-27-09) Rooming House means a building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. Rooming Unit means any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. Rubbish means combustible and noncombustible waste materials, if they are inoperable or not in operation, or discarded, abandoned, dumped or stored on any Exterior Property areas in an unsightly, unsafe or unsanitary manner, except Garbage, and including but not limited to: (a) the residue from the burning of wood, coal, coke and other combustible materials; (b) paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, Yard trimmings, tin cans, metals, mineral matter, glass, crockery, lumber, dirt piles, construction debris, containers, and dust; (c) refrigerators, appliances (and similar equipment and other electrical or motorized appliances or equipment); (d) furniture, and, (e) other similar materials. Strict Liability Offense means an offense punishable by not more than $500 in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. Structure means that which is built or constructed or a portion thereofI Tenant means a person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. Toilet Room means a room containing a water closet or urinal but not a bathtub or shower. Ventilation means the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from any space. Workmanlike means executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work. Yard means an open space on the same lot with a Structure. 1.19 General Requirements (a) Scope. The provisions of this section shall govern the minimum conditions and the responsibilities of persons for maintenance of Structures, equipment and Exterior Property. (b) Responsibility. The owner of the Premises shall maintain the Structures and Exterior Property in compliance with these requirements, except as otherwise provided for in this PMC. A Person shall not occupy as owner -occupant or permit another Person to occupy Premises which are not in a sanitary and safe condition and which do not comply with the requirements of this section. Occupants of a Structure, Dwelling Unit, Rooming Unit or Housekeeping Unit are responsible for keeping in a clean, sanitary and safe condition that part of the Dwelling Unit, Rooming Unit, Housekeeping Unit or Premises which they occupy and control. PART II THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 25 (c) Vacant Structures and land. All vacant Structures and Premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. 1.20 Nuisances on Exterior Property Areas (a) Sanitation. All Exterior Property and Premises shall be maintained in a clean, safe and sanitary condition. The Occupant shall keep that part of the Exterior Property which such Occupant occupies or controls in a clean and sanitary condition. Nuisances specified in this section and other Nuisances —that do not constitute Dangerous Structures, Junked Vehicles or defective Swimming Pool Enclosures —are prohibited on all external property areas and must be Abated by the property owner or may Abated by the City in accordance with Section 1.11. The City may recover expenses and create and enforce liens as provided for under Section 1.10 when it Abates such a Nuisance condition. (b) Grading and drainage. All Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any Structure located thereon, with the exception of Approved retention areas and reservoirs. (c) Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. (d) Weeds and tall grass. All Premises and Exterior Property shall be maintained free from weeds or plant growth in excess of 12 inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers, gardens or agricultural crops. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation under Section 1.11, they shall be subject to prosecution in accordance with Section 1.10. Upon failure to comply with the notice of violation, any duly authorized employee of the City or contractor hired by the City shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property as provided under Section 1.11. (e) Dangerous weeds. The Code Official may cause to be Abated, without notice, weeds that: (1) have grown higher than 48 inches; and, (2) are an immediate danger to the health, life, or safety of any Person. (f) Notice of Abatement of dangerous weeds. Not later than the 10`h day after the date the City Abates weeds under this subsection, the City shall give notice to the property owner in the manner required by Section 1.11. (g) Content of notice. The notice shall contain: (1) an identification, which is not required to be a legal description, of the property; (2) a description of the violations of the PMC that occurred on the property; (3) a statement that the City Abated the weeds; and (4) an explanation of the property owner's right to request a hearing about the City's Abatement of the weeds. (h) Hearing. The City's Board of Adjustment or municipal court shall conduct a hearing on the Abatement of dangerous weeds under this subsection or on any other Abatement or corrective actions taken under Section 1,14 if, not later than the 30`h day after the date of the Abatement of the weeds, the property owner files with the City Secretary a written request for a hearing. The hearing shall be conducted not later than the 20'h day after the date a request for a hearing is filed. The Code Official shall determine whether to bring the hearing before the City's Board of Adjustment or municipal court such that the hearing may take place within said time period. The owner and Code Official or their respective legal representatives may testify or present any witnesses or written information or other relevant evidence relating to the City's Abatement, corrective action, or assessment of expenses related to the alleged violation. The purpose of the hearing shall not include any determination of any related criminal proceeding. (i) Expenses. The City may assess expenses and create liens under this subsection as it assesses expenses and creates liens under subsection 1.10. A lien created under this subsection is subject to the same conditions as a lien created under subsection 1.10. Q) Rodent harborage. All Structures and Exterior Property shall be kept free from rodent harborage and Infestation. Where rodents are found, they shall be promptly exterminated by Approved processes which will not be injurious to human health. After Extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. (k) Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate Wastes directly upon abutting or adjacent Public or private property or that of another Tenant. (I) Accessory Structures. All accessory Structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. (m) Defacement of property. No Person shall willfully or wantonly damage, mutilate or deface any exterior surface of any Structure or building on any private or Public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an Approved state of maintenance and repair. 1.21 Junked Vehicles (a) Authority to Abate Junked Vehicle. In accordance with this section and other provisions of this PMC, the Code Official is authorized to Abate and remove from private or Public property or a Public right-of-way a Junked Vehicle or part of a Junked Vehicle as a public Nuisance. The municipal court may issue necessary orders to enforce the provisions of this section. (b) Reconstruction prohibited. Once removed, a Junked Vehicle may not be reconstructed or made operable. PART II THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 26 (c) Notice to Texas Department of Transportation. Not later than the fifth day after a junk vehicle is removed, the Code Official shall provide notice to the Texas Department of Transportation identifying the vehicle or part of the vehicle. (d) Right of entry. The Code Official has right of entry to inspect as set forth in section 108(d). (e) Removal to another unlawful location. The relocation of a Junked Vehicle that is a public Nuisance to another location in the City or within 5,000 feet of the City's boundaries after a proceeding for the Abatement and removal of the Junked Vehicle has commenced has no effect on the proceeding if the Junked Vehicle constitutes a public Nuisance at the new location. (f) Notice of violation. A notice of violation must provide not less than 10 days' notice of the nature of the Nuisance. The notice must be personally delivered or sent by certified mail, return receipt requested, to: (1) the last known registered owner of the Nuisance; (2) each lienholder of record of the Nuisance; and (3) the owner or Occupant of: (i) the property on which the Nuisance is located; or (ii) if the Nuisance is located on a public right-of-way, the property adjacent to the right-of-way. If the post office address of the last known registered owner of the Nuisance is unknown, notice may be placed on the Junked Vehicle or, if the owner is located, personally delivered. If notice is returned undelivered, action to Abate the Nuisance shall be continued to a date not earlier than the 11 th day after the date of the return. (g) Content of notice. The notice must state that: (1) the Nuisance must be Abated and removed not later than the 10`h day after the date on which the notice was personally delivered or mailed; and (2) any request for a hearing must be made before that 10 day period expires. (h) Hearing. The City 's Board of Adjustment or municipal court shall conduct hearings under the procedures adopted under this subsection. (Ord. No. 498-2010, adopted 5125110) (i) Time for hearing. If a hearing is requested by a Person for whom notice is required under section 1.21(f), the hearing shall be held not earlier than the 11 �h day after the date of the service of notice. Q) Purpose of hearing, burden of proof and presumption. The purpose of the hearing is so that it may be determined whether the vehicle constitutes a Junked Vehicle. The Person appealing the determination of the Code Official and the Code Official, or their respective legal representatives, shall have an opportunity to be heard and to question witnesses. The Person appealing the determination of the Code Official has the burden of proving that the vehicle is not a Junked Vehicle. At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable. (k) Order to Abate. At the conclusion of the hearing, if it is determined that the property in question is a Junked Vehicle, an order shall be issued requiring removal of the vehicle to a lawful location within 10 days of the day the order is issued. (I) Content of order. The order must state that if the owner does not remove the Junked Vehicle in accordance with the order, the City may cause the vehicle to be removed and any expenses incurred by the City will allow for a lien in the amount of those expenses against the real property on which the Junked Vehicle was located at the time of the violation. If the following information is available at the location of the Nuisance, a resolution or order requiring removal of the Nuisance must include the vehicle's: (1) description; (2) vehicle identification number; (3) license plate number; and (4) current location of the vehicle. (m) Junked Vehicle disposal. A Junked Vehicle, including a part of a Junked Vehicle, may be removed to a scrap Yard, a motor vehicle demolisher, or a suitable site operated by a municipality or county. A municipality or county may operate a disposal site if its governing body determines that commercial disposition of Junked Vehicles is not available or is inadequate. A municipality or county may: (1) finally dispose of a Junked Vehicle or vehicle part; or (2) transfer it to another disposal site if the disposal is scrap or salvage only. (n) Exceptions. Inapplicability of section. Procedures adopted under this section may not apply to a vehicle or vehicle part: (1) that is completely enclosed in a building in a lawful manner and is not visible from the street or other Public or private property; or (2) that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard; or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector's property, if the vehicle or part and the outdoor storage area, if any, are: maintained in an orderly manner; (ii) not a health hazard; and (iii) screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery. 1.22 Swimming Pools, Spas and Hot Tubs (a) Swimming Pools, Private Swimming Pools, hot tubs and spas shall be maintained in a clean and sanitary condition, and in good repair. (b) Notice, hearing and enforcement. The City may repair, replace, secure, or otherwise remedy an enclosure or fence around a Swimming Pool that is damaged, deteriorated, substandard, dilapidated, or otherwise in a state that poses a hazard to the public health, safety, and welfare. The City may require the owner of the property on which the Swimming Pool or enclosure or fence is situated —after notice and hearing complying with the PART 11 THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 27 procedures set forth in sections 1.12(c) through 1.12(k)— to repair, replace, secure, or otherwise remedy an enclosure or fence of a swimming Pool that the City or an appropriate City official, agent, or employee determines violates the minimum standards adopted under this section. (c) Other notice. If the enclosure or fence is on unoccupied property or is on property occupied only by Persons who do not have a right of possession to the property, the City shall give notice to the owner —in accordance with the procedures set out in sections 1.12(q) and 1.12(r)—of the City's action to repair, replace, secure, or otherwise remedy an enclosure or fence of a Swimming Pool. (d) Expenses. If the City incurs expenses under this subsection, the City may assess the expenses on, and the City has a lien against, unless it is a homestead as protected by the Texas Constitution, the property on which the swimming Pool or the enclosure or fence is situated. The lien is extinguished if the property owner or another Person having an interest in the legal title to the property reimburses the City for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded in the office of the county clerk in the county in which the property is situated. The notice 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 Swimming Pool or the enclosure or fence is situated, the amount of expenses incurred by the City, and the balance due. The lien is a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens attached to the real property to which the City's lien attaches. (e) Entry. The Code Official acting under the authority granted by this section, may enter any unoccupied Premises at a reasonable time to inspect, investigate, or enforce the powers granted under this subsection or any ordinance adopted pursuant to this subsection. After providing a minimum of 24 hours' notice to the Occupant, the Code Official, acting under the authority granted by this section, may enter any occupied Premises to inspect, investigate, or enforce the powers granted under this subsection or any ordinance adopted pursuant to this subsection. If entry is refused or otherwise denied or obstructed, the Code Official must report the refusal or obstruction to the office of the City Attorney before proceeding with enforcement. (f) Enclosure. Every private Swimming Pool, hot tub or spa must meet the following enclosure requirements: (1) height of the Pool Yard Enclosure must be at least 48 inches as measured from the ground on the side away from the Pool; (2) openings under the Pool Yard Enclosure may not allow a sphere four inches in diameter to pass under the Pool Yard Enclosure; (3) if the Pool Yard Enclosure is constructed with horizontal and vertical members and the distance between the tops of the horizontal members is at least 45 inches, the openings may not allow a sphere four inches in diameter to pass through the enclosure; (4) if the Pool Yard Enclosure is constructed with horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the openings may not allow a sphere inches in diameter to pass through the enclosure; (5) the use of chain link fencing materials is prohibited entirely for a new Pool Yard Enclosure that is constructed after January 1, 1994; (6) the use of diagonal fencing members that are lower than 49 inches above the ground is prohibited for a new Pool Yard Enclosure that is constructed after January 1, 1994; (7) decorative designs or cutouts on or in the Pool Yard Enclosure may not contain any openings greater than 1 % inches in any direction; (8) indentations or protrusions in a solid Pool Yard Enclosure without any openings may not be greater than normal construction tolerances and tooled masonry joints on the side away from the Pool; (9) permanent equipment or Structures may not be constructed or placed in a manner that makes them readily available for climbing over the Pool Yard Enclosure; and (10) the wall of a building may be part of the Pool Yard Enclosure only if the doors and windows in the wall comply with section 1.22(g). The owner of a multiunit rental complex with a Pool or a property owners association that owns, controls, or maintains a Pool is not required to: (i) build a Pool Yard Enclosure at specified locations or distances from the Pool other than distances for minimum walkways around the Pool; or (ii) conform secondary Pool Yard Enclosures, located inside or outside the primary Pool Yard Enclosure, to the requirements of this section. (g) Doors. A door, sliding glass door, or French door may not open directly into a Pool Yard if the date of electrical service for initial construction of the building or Pool is on or after January 1, 1994. A door, sliding glass door, or French door may open directly into a Pool Yard if the date of electrical service for initial construction of the building or Pool is before January 1, 1994, and the Pool Yard Enclosure complies with subsections 1.22(g)1., 1.22(g)2.11 or 1.22(g)3., as applicable. (1) If a door of a building, other than a sliding glass door or screen door, opens into the Pool Yard, the door must have a: (i) latch that automatically engages when the door is closed; spring -loaded door -hinge pin, automatic door closer, or similar device to cause the door to close automatically; and keyless bolting device that is installed not less than 36 inches nor more than 48 inches above the interior floor. (2) If French doors of a building open to the Pool Yard, one of the French doors must comply with subsection 1.22(g)1.i. and the other door must have: i. a keyed dead bolt or keyless bolting device capable of insertion into the doorjamb PART II THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 28 above the door, and a keyless bolting device capable of insertion into the floor or threshold; or, (ii) a bolt with at least a'/< inch throw installed inside the door and operated from the edge of the door that is capable of insertion into the doorjamb above the door and another bolt with at least a'/ -inch throw installed inside the door and operated from the edge of the door that is capable of insertion into the floor or threshold. (3) If a sliding glass door of a building opens into the Pool Yard, the sliding glass door must have: (i) a sliding door handle latch or sliding door security bar that is installed not more than 48 inches above the interior floor; and (ii) a sliding door pin lock that is installed not more than 48 inches above the interior floor. (4) A door, sliding glass door, or French door that opens into a Pool Yard from an area of a building that is not used by residents and that has no access to an area outside the Pool Yard is not required to have a lock, latch, dead bolt, or keyless bolting device. (5) A keyed dead bolt, keyless bolting device, sliding door pin lock, or sliding door security bar installed before September 1, 1993, may be installed not more than 54 inches from the floor. (6) A keyed dead bolt or keyless dead bolt, installed in a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch. (h) Window and Window Screens. A wall of a building constructed before January 1, 1994, may not be used as part of a Pool Yard Enclosure unless each window in the wall has a latch and unless each window screen on a window in the wall is affixed by a window screen latch, screws, or similar means. This section does not require the installation of window screens. A wall of a building constructed on or after January 1, 1994, may not be used as part of a Pool Yard Enclosure unless each ground floor window in the wall is permanently closed and unable to be opened. 1.23 Exterior Structure (a) General. The exterior of a Structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. (b) Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. (c) Premises identification. Buildings shall have Approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). (d) Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. (e) Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. (f) Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. (g) Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the Structure. Roof drains, Gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public Nuisance. (h) Decorative features. All cornices, belt courses, corbels, terracotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. (i) Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface treatment. (j) Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. (k) Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface treatment. (I) Handrails and Guards. Every handrail and Guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. (m) Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. PART II THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 29 (n) Glazing. All glazing materials shall be maintained free from cracks and holes. (o) Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. (p) Insect screens. During the period from [DATE] to [DATE], every door, window and other outside opening required for Ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with Approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self -closing device in good working condition. Exception: Screens shall not be required where other Approved means, such as air curtains or insect repellent fans, are employed. (q) Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to Dwelling Units, Rooming Units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with section 1.47(c). (r) Basement hatchways. Every Basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. (s) Guards for Basement windows. Every Basement window that is openable shall be supplied with rodent shields, storm windows or other Approved protection against the entry of rodents. (t) Building security. Doors, windows or hatchways for Dwelling Units, room units or Housekeeping Units shall be provided with devices designed to provide security for the Occupants and property within. (u) Doors. Doors providing access to a Dwelling Unit, Rooming Unit or Housekeeping Unit that is rented, leased or Let shall be equipped with a deadbolt lock meeting specifications set forth herein. Such deadbolt locks shall be operated only by the turning of a knob or a key and shall have a lock throw of not less than one -inch. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. Such deadbolt locks shall be installed according to manufacturer's specifications and maintained in good working order. All deadbolt locks required by this section shall be designed and installed in such a manner so as to be operable inside of the Dwelling Unit, Rooming Unit or Housekeeping Unit without the use of a key, tool, combination thereof or any other special knowledge or effort. (v) Windows. Operable windows located in whole or in part within six feet (1828 mm) above ground level or a walking surface below that provide access to a Dwelling Unit, Rooming Unit or Housekeeping Unit that is rented, leased or Let shall be equipped with window sash locking devices. (w) Basement hatchways. Basement hatchways that provide access to a Dwelling Unit, Rooming Unit or Housekeeping Unit that is rented, leased or Let shall be equipped with devices that secure the units from unauthorized entry. 1.24 Interior Structure (a) General. The interior of a Structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the Structure which they occupy or control in a clean and sanitary condition. Every owner of a Structure containing a Rooming House, Housekeeping Units, a hotel, a dormitory, two or more Dwelling Units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or Public areas of the Structure and Exterior Property. (b) Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. (c) Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. (d) Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. (e) Handrails and Guards. Every handrail and Guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. (f) Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. 1.25 Handrails and Guardrails (a) General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have Guards. Handrails shall not be less than 30 inches (762 mm) high nor more than 42 inches (1067 mm) high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building Code. 1.26 Rubbish and Garbage (a) Accumulation of Rubbish or Garbage. All Exterior Property and Premises, and the interior of every Structure, shall be free from any accumulation of Rubbish or Garbage. (b) Disposal of Rubbish. Every Occupant of a Structure shall dispose of all Rubbish in a clean and sanitary manner by placing such Rubbish in Approved containers. (c) Rubbish storage facilities. The owner of every occupied Premises shall supply Approved covered containers for rubbish, and the owner of the Premises shall be responsible for the removal of Rubbish. PART 11 THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 30 (d) Refrigerators. Refrigerators and similar equipment not in operation shall not be discarded, abandoned nor stored on Premises without first removing the doors. (e) Disposal of Garbage. Every Occupant of a Structure shall dispose of Garbage in a clean and sanitary manner by placing such Garbage in an Approved Garbage disposal facility or Approved Garbage containers. (f) Garbage facilities. The owner of every dwelling shall supply one of the following: an Approved mechanical food waste grinder in each Dwelling Unit; an Approved incinerator unit in the Structure available to the Occupants in each Dwelling Unit; or an Approved leakproof, covered, outside Garbage container. (g) Containers. The operator of every establishment producing Garbage shall provide, and at all times cause to be utilized, Approved leakproof containers provided with close -fitting covers for the storage of such materials until removed from the Premises for disposal. 1.27 Extermination (a) Infestation. All Structures shall be kept free from insect and rodent Infestation. All Structures in which insects or rodents are found shall be promptly exterminated by Approved processes that will not be injurious to human health. After Extermination, proper precautions shall be taken to prevent reinfestation. (b) Owner. The owner of any Structure shall be responsible for Extermination within the Structure prior to renting or leasing the Structure. (c) Single Occupant. The Occupant of a one -family dwelling or of a single -Tenant nonresidential Structure shall be responsible for Extermination on the Premises. (d) Multiple Occupancy. The owner of a Structure containing two or more Dwelling Units, a multiple Occupancy, a Rooming House or a nonresidential Structure shall be responsible for Extermination in the Public or shared areas of the Structure and Exterior Property, If Infestation is caused by failure of an Occupant to prevent such Infestation in the area occupied, the Occupant shall be responsible for Extermination. (e) Occupant. The Occupant of any Structure shall be responsible for the continued rodent and pest -free condition of the Structure. Exception: Where the Infestations are caused by defects in the Structure, the owner shall be responsible for Extermination. 1.28 Light, Ventilation and Occupancy Limitations (a) Scope. The provisions of this section shall govern the minimum conditions and standards for light, Ventilation and space for occupying a Structure. (b) Responsibility. The owner of the Structure shall provide and maintain light, Ventilation and space conditions in compliance with these requirements. A Person shall not occupy as owner -occupant, or permit another Person to occupy, any Premises that do not comply with the requirements of this section. (c) Alternative devices. In lieu of the means for natural light and Ventilation herein prescribed, artificial light or mechanical Ventilation complying with the International Building Code shall be permitted. 1.29 Light (a) Habitable Spaces, Every Habitable Space shall have at least one window of Approved size facing directly to the outdoors or to a court. The minimum total glazed area for every Habitable Space shall be 8% of the floor area of such room. Wherever walls or other portions of a Structure face a window of any room and such obstructions are located less than three feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces out exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor being served. (b) Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet (19m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress stairways, shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of one foot candle (11 lux) at floors, landings and treads. (c) Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe Occupancy of the space and utilization of the appliances, equipment and fixtures. 1.30 Ventilation (a) Habitable Spaces. Every Habitable Space shall have at least one openable window. The total Openable Area of the window in every room shall be equal to at least 45% of the minimum glazed area required in section 1.29(a). Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the floor area of the interior room or space, but not less than 25 square feet (2.33m2). The Ventilation openings to the outdoors shall be based on a total floor area being ventilated. (b) Bathrooms and Toilet Rooms, Every Bathroom and Toilet Room shall comply with the Ventilation requirements for Habitable Spaces as required by section 1.30(a)I except that a window shall not be required in such spaces equipped with a mechanical Ventilation system. Air exhausted by a mechanical Ventilation system from a Bathroom or Toilet Room shall discharge to the outdoors and shall not be recirculated. Exception: Where specifically Approved in writing by the Code Official, PART 11 THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 31 (c) Process Ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dust or mist is generated, a local exhaust Ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. (d) Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions. 1.31 Occupancy Limitations (a) Privacy. Dwelling units, hotel units, Housekeeping Units, Rooming Units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. (b) Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (914 mm) between counter fronts and appliances or counter fronts and walls. (c) Minimum ceiling heights. Habitable Spaces, hallways, corridors, laundry areas, Bathrooms, Toilet Rooms and habitable Basement areas shall have a clear ceiling height of not less than seven feet (2134 mm). Exceptions are as follows: (1) In one -and two-family dwellings, beams or girders spaced not less than four feet (1219 mm) on center and projecting not more than six inches (152 mm) below the required ceiling height. (2) Basement rooms in one,,, and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet eight inches (2033 mm) with not less than six feet four inches (1932 mm) of clear height under beams, girders, ducts and similar obstructions. (3) Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet (2134 mm) over not less than one- third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five feet (1524 mm) or more shall be included. (d) Bedroom requirements. Every Bedroom shall comply with the requirements of sections 1.31(e) through 1.31(i). (e) Area for sleeping purposes. Every Bedroom occupied by one Person shall contain at least 70 square feet (6.5 m2) of floor area, and every Bedroom occupied by more than one Person shall contain at least 50 square feet (4.6 m2) of floor area for each Occupant thereof. (f) Access from Bedrooms. Bedrooms shall not constitute the only means of access to other Bedrooms or Habitable Spaces and shall not serve as the only means of egress from other Habitable Spaces. Units that contain fewer than two Bedrooms are exempt from this provision. (g) Water closet accessibility. Every Bedroom shall have access to at least one water closet and one lavatory without passing through another Bedroom. Every Bedroom in a Dwelling Unit shall have access to at least one water closet and lavatory located in the same story as the Bedroom or an adjacent story. (h) Prohibited Occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes. (i) Other requirements. Bedrooms shall comply with the applicable provisions of this PMC including, but not limited to, the light, Ventilation, room area, ceiling height and room width requirements of this section; the plumbing facilities and water -heating facilities requirements of section 1.32 through section 1.38; the heating facilities and electrical receptacle requirements of section 1.39 through section 1.45; and the smoke detector and emergency escape requirements of section 1.46 through section 1.49. (j) Overcrowding. Dwelling units shall not be occupied by more Occupants than permitted by the minimum area requirements of Table 1.310), TABLE 1.31(j) -MINIMUM AREA REQUIREMENTS MINIMUM AREA IN SQUARE FEET 6 or more Occupants SPACE 1-2 Occupants 3-5 Occupants Living room No 120 150 requirements Dining room No 80 100 requirements Bedrooms Shall comply with Section 1.31(d) For SI: 1 square foot=0.093 m` a. See Section 1.31(I) for combined living room/dining room spaces. b. See Section 1.31(k) for limitations on determining the minimum Occupancy area for sleeping purposes. (k) Sleeping area. The minimum Occupancy area required by Table 1.31(j) shall not be included as a sleeping area in determining the minimum Occupancy area for sleeping purposes. All sleeping areas shall comply with 1.31(d), (e) & (k). (I) Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 1.31(1) if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room. (m) Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements: (1) A unit occupied by not more than two Occupants shall have a clear floor area of not less than 220 square feet (20.4 m2). A unit occupied by three Occupants shall have a clear floor area of not less than 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3. (2) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each PART II THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 32 having a clear working space of not less than 30 inches (762 mm) in front. Light and Ventilation conforming to this PMC shall be provided. (3) The unit shall be provided with a separate Bathroom containing a water closet, lavatory and bathtub or shower. (4) The maximum number of Occupants shall be three. (n) Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve food in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food Wastes and refuse, including facilities for temporary storage. 1.32 Plumbing Facilities and Fixture Requirements (a) Scope. The provisions of this section shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. (b) Responsibility. The owner of the Structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A Person shall not occupy as owner -occupant or permit another Person to occupy any Structure or Premises which does not comply with the requirements of this section. 1.33 Required Facilities (a) Dwelling units. Every Dwelling Unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. (b) Rooming Houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four Rooming Units. (c) Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each 10 Occupants. (d) Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees. (e) Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in Toilet Rooms or Bathrooms. 1.34 Toilet Rooms (a) Privacy. Toilet Rooms and Bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared Bathrooms and Toilet Rooms located on or in a Public Accommodation, Apartment Complex or Apartment Building. (b) Location. Toilet Rooms and Bathrooms serving hotel units, Rooming Units, dormitory units or Housekeeping Units shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. (c) Location of employee toilet facilities. Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage Structures or kiosks, which are located in adjacent Structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities. (d) Floor surface. In other than Dwelling Units, every Toilet Room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. (e) Design Standards, All Toilet Rooms and Bathrooms located in or on Public Accommodations, Apartment Complexes, or Apartment Buildings shall have installed to surround each toilet a toilet stall consisting of a combination of partitions and vertical supports (collectively referenced below as "toilet -stall components"). Each Toilet stall shall be configured to provide adequate privacy. The material of any toilet -stall component shall be opaque such that it is not in any manner transparent or translucent and shall have a smooth, hard, nonabsorbent surface to permit such materials to be easily kept in a clean and sanitary condition. (f) Maintenance. All Toilet Rooms and Bathrooms located in or on Public Accommodations, Apartment Complexes, or Apartment Buildings shall be maintained in a sanitary condition and all materials used as toilet -stall components shall have no new or aftermarket perforations, holes, openings or damage that would permit viewing or the passage of matter into or out of a toilet stall through said materials. (g) It shall be an offense for any owner, operator or manager of a premises to which this Section 1.34 applies to fail to construct and maintain at all times a Toilet Room or Bathroom in accordance with the standards and requirements set forth in said section. Each day that a condition exists that is a violation of said section is a separate offense. (h) The standards and requirements set forth in this Section 1.34 are not intended to make any applicable federal or state law, standard, or restriction —including but not limited to the Americans with Disabilities Act —any less restrictive. To the extent that a standard or requirement in this section conflicts with an applicable federal or state law, the federal or state law shall take precedence to the extent of such conflict unless the standard or restriction in this section fulfills such applicable federal and state law, and is more restrictive than same without interfering with the purpose of same. (Ord. No. 475-2009, adopted 10-27-09) 1.35 Plumbing Systems and Fixtures PART II THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 33 (a) General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. (b) Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. (c) Plumbing system hazards. Where it is found that a plumbing system in a Structure constitutes a hazard to the Occupants or the Structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the Code Official shall require the defects to be corrected to eliminate the hazard 1.36 Water System (a) General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an Approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code. (b) Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood -level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an Approved atmospheric -type -vacuum breaker or an Approved permanently attached hose connection vacuum breaker. (c) Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. (d) Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110°F (43°C). A gas burning water heater shall not be located in any Bathroom, Toilet Room, Bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An Approved combination temperature and pressure -relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. 1.37 Sanitary Drainage System (a) General. All plumbing fixtures shall be properly connected to either a Public Sewer system or to an Approved private sewage disposal system. (b) Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. 1.38 Storm Drainage General. Drainage of roofs and paved areas, Yards and courts, and other open areas on the Premises shall not be discharged in a manner that creates a public Nuisance. 1.39 Mechanical and Electrical Requirements (a) Scope. The provisions of this section shall govern the minimum mechanical and electrical facilities and equipment to be provided. (b) Responsibility. The owner of the Structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A Person shall not occupy as owner -occupant or permit another Person to occupy any Premises which do not comply with the requirements of this section. 1.40 Heating Facilities (a) Facilities required. Heating facilities shall be provided in Structures as required by this section. (b) Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68OF (20°C) in all habitable rooms, Bathrooms and Toilet Rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 650F (180C) shall be maintained. (c) Heat supply. Every owner and operator of any building who rents, leases or Lets one or more Dwelling Unit, Rooming Unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the Occupants thereof shall supply heat during the period from [DATE] to [DATE] to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, Bathrooms, and Toilet Rooms. Notwithstanding the foregoing, when the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code as adopted in The Anna City Code of Ordinances. (1) In areas where the average monthly temperature is above 30°F (-1*C) a minimum temperature of 65OF (180C) shall be maintained. (d) Occupiable work spaces. Indoor occupiable work spaces Choi] be supplied with heat during months of October through March to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied. Exceptions to rule are: (1) processing, storage and operation areas that require cooling or special temperature conditions; and (2) areas in which Persons are primarily engaged in vigorous physical activities. (e) Room temperature measurement. The required room temperatures shall be measured three feet (914 mm) above the floor near the center of the room and two feet (610 mm) inward from the center of each exterior wall. 1.41 Mechanical Equipment (a) Mechanical appliances. All mechanical appliances, fireplaces, solid fuel -burning appliances, cooking appliances and water heating appliances shall be properly PART II THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 34 installed and maintained in a safe working condition, and shall be capable of performing the intended function. (b) Removal of combustion products. All fuel -burning equipment and appliances shall be connected to an Approved chimney or vent. Exception: Fuel -burning equipment and appliances which are Labeled for unvented operation. (c) Clearance. All required clearances to combustible materials shall be maintained. (d) Safety controls. All safety controls for fuel -burning equipment shall be maintained in effective operation. (e) Combustion air. A supply of air for complete combustion of the fuel and for Ventilation of the space containing the fuel -burning equipment shall be provided for the fuel - burning equipment. (f) Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel -burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless Labeled for such purpose and the installation is specifically Approved. 1.42 Electrical Facilities (a) Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and section 1.43. (b) Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the ICC Electrical Code. Dwelling units shall be served by a three -wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes. (c) Electrical system hazards. Where it is found that the electrical system in a Structure constitutes a hazard to the Occupants or the Structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the Code Official shall require the defects to be corrected to eliminate the hazard. 1.43 Electrical Equipment (a) Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and Approved manner. (b) Receptacles. Every Habitable Space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded -type receptacle or a receptacle with a ground fault circuit interrupter. Every Bathroom shall contain at least one receptacle. Any new Bathroom receptacle outlet shall have ground fault circuit interrupter protection. (c) Lighting fixtures. Every public hall, interior stairway, Toilet Room, kitchen, Bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture. 1.44 Elevators, Escalators and Dumbwaiters (a) General. Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate properly, and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter; or the certificate shall be available for public inspection in the office of the building operator. (b) Elevators. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. 1.45 Duct Systems (a) General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. 1.46 Fire Safety Requirements (a) Scope. The provisions of this section shall govern the minimum conditions and standards for fire safety relating to Structures and exterior Premises, including fire safety facilities and equipment to be provided. (b) Responsibility. The owner of the Premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A Person shall not occupy as owner -occupant or permit another Person to occupy any Premises that do not comply with the requirements of this section. 1.47 Means of Egress (a) General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or Structure to the Public way. Means of egress shall comply with the International Fire Code. (b) Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed. (c) Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code. (d) Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the Code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the Code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. 1.48 Fire -Resistance Ratings (a) Fire -resistance rated assemblies. The required fire - resistance rating of fire -resistance -rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. (b) Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable PART 11 THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 35 condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. 1.49 Fire Protection Systems (a) General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code. (b) Smoke alarms. Single ormultiple-station smoke alarms shall be installed and maintained in Groups R-2, R-31 R4 and in dwellings not regulated in Group R occupancies, regardless of Occupant load at all of the following locations: (1) on the ceiling or wall outside of each separate sleeping area in the immediate vicinity of Bedrooms. (2) in each room used for sleeping purposes. (3) in each story within a Dwelling Unit, including Basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or Dwelling Units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. (c) Single or multiple -station smoke alarms shall be installed in accordance with the International Fire Code. (d) Power source. In Group R occupancies and in dwellings not regulated as Group R occupancies, single -station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. Exception: Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place, buildings that are not served from a commercial power source and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the Structure, unless there is an attic, crawl space or Basement available which could provide access for building wiring without the removal of interior finishes. (e) Interconnection. Where more than one smoke alarm is required to be installed within an individual Dwelling Unit in Groups R-2, R-3, R-4 and in dwellings not regulated as Group R occupancies, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all Bedrooms over background noise levels with all intervening doors closed. Exceptions: (1) interconnection is not required in buildings which are not undergoing alterations, repairs, or construction of any kind. (2) smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the Structure, unless there is an attic, crawl space or Basement available which could provide access for interconnection without the removal of interior finishes. 1.50 Referenced Standards This section lists the standards that are referenced in various subsections of this document. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and title, and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in section 1.05(g). Standard Title Referenced in reference Code section number number ICC EC— ICC Electrical CodeTIA-- 1.17(c), 1.42(b) 03 Administrative provisions IBC-03 International Building 1.17(c), 1.28(c), Code® 1.47(c) IEBC-03 International Existing 1.03, 1.05(c), Building CodeTM 1.17(c) IFC-03 International Fire Code® 1.17(c), 1.47(a), 1.47(b), 1.49(a), 1.49(d) IMC-03 International Mechanical 1.17(c) Code® IPC-03 International Plumbing 1.17(c), 1.36(a), Code® 1.40(b), 1.40(c) IZC-03 International Zoning 1.17(c) Code® 1.51 Penalty Any violation of this section is punishable by a fine not to exceed $2,000 or the maximum amount allowed by law if that amount is less than $2,000I in which case the maximum amount is specified in subsection 1.10 of this section. Each day any such violation shall continue shall constitute a separate offense punishable hereunder. (Ord. No. 240-2005, adopted 11/22/2005) Section 2. Registration of Contractors (a) It shall be unlawful for any person, firm, corporation or business entity in the business of contracting services which require, by State or local law, a license to perform such services, to erect, construct, enlarge, alter, repair, PART II THE ANNA CITY CODE OF ORDINANCES —current through 2/15/2011 PAGE 36