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HomeMy WebLinkAboutOrd 2002-24 Adopt Uniform Abatement Code.pdfUNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS CITY OF ANNA, TEXAS ORDINANCE NO. 2002-24 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING THE 1994 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; AUTHORIZING THE MAYOR OR HIS AUTHORIZED REPRESENTATIVE TO ENFORCE THE PROVISIONS OF THE 1994 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City's existing dangerous building codes have been determined to be in serious need of updating; and WHEREAS, the city council has determined that the City has numerous dangerous building that require abatement as quickly as possible; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Uniform Code for the Abatement of Dangerous Buildings adopted. The city council hereby adopts the 1994 edition of the Uniform Code for the Abatement of Dangerous Buildings as the building abatement code for the city. Section 2. Implementation of state statute. The city council of the city, by this adoptive ordinance, hereby implements Subchapter C of Chapter 54, Local Government Code of the State of Texas. Section 3. Creation of building and standards commission. (a) Creation and organization. There is hereby created a commission known as the building and standards commission, which shall be organized as follows: (1) The building and standards commission shall consist of seven regular members appointed by a majority of the city council. (2) In addition to the seven regular members of the building and standards commission, three alternate members of the building and standards commission, who shall serve in the absence of one or more regular members, shall be appointed by a majority vote of the city council. A quorum shall consist of four members. In determining which of the three alternate members shall serve in the absence of a member, the alternate member with the longest tenure shall so Page 1 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS serve. If the alternate member with the longest tenure is unavailable then the next available alternate with the longest tenure shall so serve. (3) In the case of a vacancy on the commission, the alternate member with the longest tenure shall assume the duties of the vacant position until the expiration of the term of office of the vacated position. In the case of more than one vacancy on the Commission, the alternate members with the longest tenures shall assume the duties of the vacant positions with the alternate member with the longest tenure assuming the longest remaining term of office. The city council by a majority vote may appoint an alternate member to the commission whenever a vacancy exists in an alternate member position. Any person appointed shall serve as an alternate member until the expiration of the term of office of the vacated alternate member position. (4) Each member or alternate member of the commission shall be a resident citizen and qualified voter of the city, at the time of his or her appointment. A member or alternate member who ceases to reside in the city during his or her term of office shall immediately forfeit his or her office. (5) The term of office of members of the commission shall be for two years. Three members shall be appointed for two-year terms beginning on September 30 in odd years and four members shall be appointed for two-year terms beginning on September 30 in even years. Alternate members shall serve in the same term of office as regular members; two alternate members being appointed beginning September 30 in odd years and one alternate member being appointed September 30 in even years. Regular and alternate members may be removed before their terms of office expire, as provided herein. (6) Members and alternate members shall serve without compensation. (7) Council may remove a member for cause on a written charge. Before a decision regarding a removal is made, the council must hold a public hearing on the matter if requested by the commission member subject to the removal action. (b) Meetings. The commission shall hold its meetings on the call of the chairman, or upon written request of at least one member of the commission or at the request of the city council. All meetings shall be open to the public. Alternates are encouraged to attend each meeting. (c) Quorum. All cases to be heard by the commission must be heard by at least four members. (d) Chairman and vice chairman. A chairman and a vice-chairman shall be selected by the members of the commission at the first meeting following the annual appointment of new members. (e) Records. The recording of the minutes of the building and standards commission meetings shall be the responsibility of the city personnel assigned by the development services director. The secretary for the commission shall keep a record of the cases, activities, and actions Page 2 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS of the commission and its determinations, give notice of the date and time of hearings, and perform such other duties as are consistent with or may be necessary for the enforcement of this chapter, as required by the commission. The commission shall keep records of its examinations and other official actions. The minutes and records shall be filed in the office of the city secretary, upon signing and/or approval, as public records. Tapes of the meeting shall be retained in accordance with state law and city record retention policies and in no event may the tapes be erased or destroyed until such time as the time for appeal has expired. (f) Vote. A majority of the members of the commission must hear the case. A majority vote of the members voting on a matter shall be necessary for the adoption of any motion, the issuance of any order or the determination of the amount and duration of any civil penalty. Only the members of the commission present shall have voting privileges; alternates, unless seated as part of the quorum, shall have no voting privileges. (g) Rules and regulations. The commission shall adopt rules in accordance with this article and pursuant to Subchapter C, Chapter 54.032, Texas Local Government Code, as amended. The rules shall establish procedures for use in hearings, providing ample opportunity for presentation of evidence and testimony by respondents or persons opposing charges brought by the municipality or its building officials relating to alleged violations of ordinances, as specified in said Subchapter C. (h) Designated city representative. The development services director or his/her designee shall present all cases before the commission. Section 4. Jurisdiction and authority. (a) Jurisdiction. The building and standards commission shall have the quasi-judicial authority to enforce the enumerated health and safety ordinances as authorized by Subchapter C, Chapter 54, Texas Local Government Code, as amended. Specifically, the commission hears cases relative to ordinances: (1) For the preservation of public safety, relating to the materials or methods used to construct a building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits; (2) Relating to the fire safety of a building or improvement, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design, or width of entrances or exits; (3) Relating to dangerously damaged or deteriorated buildings or improvements; 4) Relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; or Page 3 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS (5) Relating to a building code as it pertains to the condition, use, or appearance of property in the city. The building and standards commission shall have the above -referenced authority to the extent such jurisdiction is not in conflict with, or duplicative of, the jurisdiction of another board or commission. (b) Authority and functions. The building and standards commission may: 1) Declare a building substandard in accordance with the powers granted by Subchapter C, Chapter chapter 54, Texas Local Government Code, as amended, and in accordance with Subchapter A, Chapter 214 of the Texas Local Government Code, as amended; (2) Require, within a fixed period, the reduction in occupancy load of an overcrowded structure or the vacation of a structure that is dangerous to the health, safety, or welfare of the occupants; 3) Order, in the 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 constitute a violation of an ordinance, and order action to be taken as necessary to remedy, alleviate or remove any substandard building found to exist; 4) Require, within a fixed period, the removal of personalty from a structure ordered vacated or demolished. Removal may be accomplished by use of city staff or a private transfer company if the owner of the personalty is not known, or the whereabouts of the owner cannot be ascertained, or the owner fails to remove the personalty. The commission may cause any personalty removed to be stored in the care and custody of a bonded warehouse facility. Costs of removal and storage are the responsibility of the owner of the personalty. The personalty may be disposed of, and associated costs assessed, to the extent and as allowed by law; 5) Require, within a fixed period, the demolition of a structure found to be a public nuisance, by the owner or by the city; (6) Require, within a fixed period, as an alternative to demolition of a structure found to be a public nuisance, or in violation of an ordinance, the repair of the structure by the owner within a fixed period or by the city; 7) Require that the owner, lienholder or mortgagee of property repair a structure and bring same into compliance with current codes and applicable standards; 8) Require or cause the correction, within a fixed period, of a dangerous condition, as defined by city ordinance or state law, on the land. Correction of a dangerous condition may be accomplished by city staff or private contractor. Costs of correction are the responsibility of the owner; 9) Require that structures be secure against entry within a reasonable time based upon the evidence presented to the commission and as determined to be in the best interest of the health, safety and general welfare of the citizens; Page 4 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS 10) 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; 11) Determine the amount and duration of the civil penalty the city may recover against the owner or owner's representative with control over the premises, in a suit for such purpose, on proof that such party was notified of the provisions of the ordinance, as defined herein, and after receiving notice of the ordinance provisions, said party committed acts in violation of the ordinance or failed to take action necessary for compliance with the ordinance, such civil penalty not to exceed one thousand dollars ($1,000.00) a day for violation of such ordinance, all as provided by Section 54.017, Chapter 54, Texas Local Government Code, and as amended; (12) Grant variances in accordance with provisions hereinafter stated when, in the opinion of the commission, a literal interpretation of the housing and substandard building code, the housing code and the Uniform Code for the Abatement of Dangerous Buildings, as adopted and as amended, would result in the imposition of an unnecessary or unreasonable hardship, provided that the variance would not create or allow the existence of a hazardous condition, as defined by city ordinance or state law; and (13) Hear appeals and offer interpretations of the housing and substandard building code, the housing code, the Uniform Code for the Abatement of Dangerous Buildings, the 2000 Edition of the International Building Code, and the 2000 Edition of the International Residential Code, the Uniform Fire Code, the 2000 Edition of the International Mechanical Code, the 1999 Edition of the National Electrical Code, the 2000 Edition of the International Electrical Code, and the 2000 Edition of the International Plumbing Code adopted by the city, and as amended. (c) The authority and functions of the commission, as enumerated in subparagraph (b), above, are a non -exhaustive listing of the powers of the commission. The commission may acquire and exercise such other power and authority as granted by city council or state statute, as amended. Section 5. Review. (a) Judicial review. Any owner, Iienholder, or mortgagee of record jointly or severally aggrieved by any decision of the commission may present a petition to a district court, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be presented to the court within 30 calendar days after the date a copy of the final decision of the commission is personally delivered or mailed by first class mail, certified, return receipt requested, to all persons to whom notice is required to be sent, as set forth herein. The decision of the commission shall become final as to each such owner, Iienholder or mortgagee upon the expiration of each such 30 calender day period unless otherwise allowed by law. Page 5 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS (b) Final decision; reconsideration. If no appeals are taken from the decision of the commission within the required period, the decision of the commission shall, in all things, be final and binding. The commission shall not entertain a reconsideration of the final order except on motion of the city. (c) Continuances. The commission, at its discretion, may continue or table a matter for consideration if the commission finds: (1) The owner of the property, lienholder or mortgagee has made reasonable efforts to obtain information and evidence for the hearing but requires additional time to secure said information; and (2) The property is secured from unlawful entry; and (3) A delay in the proceedings will not pose a threat or danger to the general health, safety and welfare of the citizens. City staff may request a continuance or a tabling of a matter, and the commission may continue or table a matter, when deemed to be necessary and when delay in the proceedings will not pose a threat or danger to the general health, safety and welfare of the citizens. Section 6. Title and scope. (a) Title. These regulations, together with other codes cited within this chapter, shall be known as the city housing and substandard building code, may be cited as such and will be referred to herein as "this code." (b) Purpose. The purpose of this code is to protect the health, safety, and welfare of the citizens of the city by establishing minimum standards applicable to residential and specific nonresidential structures. Minimum standards are established with respect to utilities, facilities, and other physical components essential to make structures safe, sanitary, and fit for human use and habitation. Demolition of structures is provided for as a last resort when compliance with standards cannot reasonably be achieved. This code is found to be remedial and essential to the public interest, and it is intended that this code be liberally construed to effect its purpose. (c) Scope. The provisions of this code shall apply to all buildings and structures or portions thereof intended or used for human habitation, unless otherwise specified, which exist on the effective date of this code or constructed thereafter. (d) Application to existing buildings and structures. Additions, alterations, or repairs. Additions, alterations or repairs required by this code will be done in accordance with, and meet, the requirements of the current building, plumbing, mechanical, or electrical code, as amended, whichever is applicable, unless a Page 6 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS variance is granted as provided herein. Relocation. Buildings or structures moved into, or existing within, the city shall comply with the requirements of the current building, plumbing, mechanical or electrical code for new buildings and structures, as amended, whichever is applicable, unless a variance is granted as provided herein. Historic buildings. For repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, or continued use of historic structures, see the current building code. Demolition or restoration of a historic building must have a certificate of appropriateness issued by the historic board or the historic preservation officer, as required under the Code of Ordinances, prior to any action taken by the commission. (e) Application of zoning ordinance. Nothing in this code shall be construed to cancel, modify, or set aside any provision of the city's comprehensive zoning ordinance of the City, as amended. Section 7. Enforcement. (a) General. (1) Authority. The chief building official and/or code official, or his/her designee, is hereby authorized and directed to enforce all provisions of this code. For such purposes, he/she is empowered to make interpretations and rulings of this code. (2) Inspections. For the purpose of ascertaining whether violations of this code exist, the chief building official, or his/her designee, is authorized to inspect: The exterior of a structure and premises which contain no structure; and The interior of a structure, if permission of the owner, occupant, or person in control, is given. If such entry is refused, the chief building official shall have every recourse provided by law, including but not limited to an administrative search warrant or an injunction to secure entry. If the structure is unoccupied and open for unauthorized entry or use, and/or the owner, occupant, or person in control cannot be identified or located, the chief building official may enter the property to the extent allowed by law. (3) Substandard buildings. All buildings or portions thereof which are determined to be substandard as outlined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal. (b) Building and standards commission. The building and standards commission has been created to provide a reasonable interpretation of the provisions of this code, to mitigate specific provisions of this code which create practical difficulties in their enforcement and to hear cases and make determinations regarding the provisions of this ordinance. (c) Violations. Page 7 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS (1) Criminal. A person who violates a provision of this code, or who fails to perform an act required of him by this code, commits a misdemeanor offense. A person commits a separate offense each day or portion of a day during which a violation is committed, permitted, or continued. An offense under this code is punishable by a fine not to exceed $2,000.00. Allegation and evidence of a culpable mental state is not required for the commission of an offense under this code. (2) Civil The city may, in accordance with Chapter 54, Subtitle B of the Texas Local Government Code, as amended, bring a civil action against a person violating a provision of this code relating to dangerously damaged or deteriorated structures or improvements or for conditions caused by accumulations of trash, garbage, refuse, vegetation, or other matter that creates breeding and living places for insects and rodents. The civil action may include, but is not limited to, a suit to recover a civil penalty not to exceed $1,000.00 for each day or portion of a day during which the violation is committed, continued, or permitted by the owner or occupant of the property, as provided below. The City, by order of the commission, may assess and recover a civil penalty against a property owner, if the owner fails to take the requisite action as ordered by the commission, after an administrative hearing on the matter. The civil penalty may not exceed $1,000.00 a day for each violation or, if the owner shows that the property is the owner's lawful homestead, in an amount not to exceed $10.00 a day for each violation, if the city proves: The property owner was notified of the requirements of this code and the owner's need to comply with the requirements; and After notification, the property owner committed an act in violation of this code or failed to take an action necessary for compliance with this code. A determination by the commission which involves the establishment of an amount and duration of a civil penalty shall be final and binding and constitute prima facie evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the city for final judgment in accordance with the established penalty. To enforce any civil penalty under this section, the secretary for the commission must file in the district clerk's office in which the municipality and property is located, a certified copy of the order of the commission establishing the amount and duration of the penalty. No other proof is required for a district court to enter final judgment on the penalty. Page 8 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS (3) Other available remedies. The city shall have all other available remedies at law and in equity to enforce the provisions of this chapter. (4) Municipal court proceedings not affected. Action taken by the city under this article shall not affect the ability of the city to proceed under the jurisdiction of the city's municipal court. Section 8. Definitions. Definitions. For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in this code or as specified in the building code, as adopted and as amended. Where a conflict exists, the building code controls. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Merriam -Webster Dictionary, Unabridged, Copyright 1998, shall be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. Whenever the words "dwelling," "dwelling unit, "premises," and "structure" are used herein, they shall be construed as though they were followed by the words "or any part thereof." Accessory building or structure means a building or structure devoted to uses incidental and accessory to the main use and can be either attached or detached, such as an attached garage, storage area, carport, detached garage, shed, or outbuilding. An accessory building may only exist in conjunction with a primary structure except as otherwise provided herein. Appropriate authority means that person within the governmental structure of the city who is charged with the administration of the appropriate code. Approved means authorized by the local or state authority having such administrative authority. Ashes means the residue from the burning of combustible materials. Building means any structure used or intended for supporting or sheltering any use or occupancy. Building code means the current building code officially adopted by the city council, or other such codes officially designated by the city council for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures. Such codes shall include but not be limited to the housing code, the 2000 Edition of the International Building Code, the 2000 Edition of the International Residential Code, the Uniform Code for the Abatement of Dangerous Buildings, adopted by the city council, and as amended. Code official means the official who is charged with the administration and enforcement of this code or any duly authorized representative, including but not limited to the chief building official. Commission means the building and standards commission. Dilapidated means no longer adequate for the purpose or use for which it was originally intended, or as otherwise defined in this code. Page 9 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS Dwelling means any enclosed space wholly or partly used or intended to be used for human habitation, living, sleeping, cooking, and eating and shall include any outhouse or appurtenance belonging thereto. Industrialized housing and modular construction which conform to nationally accepted industry standards, as defined by H.U.D. and used or intended for use for living, sleeping, cooking, and eating purposes shall be classified as dwellings. Dwelling unit means a room or group of rooms located within a dwelling forming a single habitable unit with facilities used or intended to be used by a single family for human occupancy such as living, sleeping, cooking, and eating purposes. Egress means an arrangement of exit facilities to assure a safe means of exit from buildings. Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking, serving, and non -consumption of food. Grade means the natural surface of the ground, or ground surface after completion of any change in contour. Habitable room means a room or enclosed floor space within a dwelling used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundry room, pantry, foyer, closets, storage spaces or communicating corridors. Heating device means all furnaces, unit heaters, domestic incinerators, cooking and heating stoves and ranges, and other similar devices capable of converting fuel to heat energy or of transferring heat from one ambient to another and approved by Underwriters' Laboratories, Inc., the American Gas Association or other nationally recognized testing laboratory. Household means one or more individuals living together in a single dwelling unit and sharing common living, sleeping, cooking, and eating facilities. H.U.D. means the Federal Department of Housing and Urban Development. Let for occupancy means to permit possession or occupancy of a dwelling, dwelling unit, building or structure by a person who shall be legal owner or not be legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. Maintenance means repair and other acts to prevent a decline in the condition of ground, structures, and equipment such that the condition does not fall below the standards established by this code and other applicable statutes, codes and ordinances. Multiple dwelling means any dwelling containing more than two dwelling units. Occupant means any person living and/or sleeping in a dwelling unit or having possession of a space within a building. Operating condition means free of leaks, safe, sanitary, and in good working order, in the manner intended. Operator means any person who has charge, care, custody, control, or management of a Page 10 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS building, or part thereof, in which dwelling units are let for occupancy. Owner means any person who, alone, or jointly or severally with others: 1) Has legal title to any premise, dwelling or dwelling unit, with or without actual possession thereof, or; 2) Has charge, care, custody or control of any premise, dwelling or dwelling unit, as owner or agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article and the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. Where owners are siblings, relatives or family members, not individually identified on any legal document of record, after a due diligence search as provided herein, notice to one owner shall be deemed notice to all owners. Person means any individual, corporation, organization, partnership, association, or any other legal entity. Plumbing fixtures means a receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises, and demands a supply of water therefrom; or discharges used water, liquid -borne waste materials, or sewage either directly or indirectly to the drainage system of the premises; or which requires both a water supply connection and a drainage system of the premises. Premises means a platted lot or part thereof or unplatted lot or tract of land or plot of land, either occupied or unoccupied by any dwelling or nondwelling structure, and includes any such building, accessory structure or other structure thereon. Properly connected means connected in accordance with all applicable codes and ordinances of the city; the alteration or replacement of any connection in good working order and not constituting a hazard to life and health. Public nuisance means the following (1) The physical condition, or use of any premises regarded as a public nuisance at common law or as defined elsewhere in the Code of Ordinances; or (2) Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures; or (3) Any premise which is manifestly capable of being a fire hazard, or is manifestly unsafe or insecure as to endanger life, limb or property; or (4) Any premise from which the plumbing, heating and/or facilities required by this code have been removed, or from which utilities have been disconnected, destroyed, removed, or rendered ineffective, or the required precautions against unauthorized use or entry have not been provided; or (5) Any structure or building that is in a state of dilapidation, deterioration or decay, Page 11 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS faulty construction, overcrowded, open, vacant or abandoned, damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and dangerous to anyone on or near the premises; or (6) Is dangerous to the physical health or safety of an occupant or other person; or (7) The state of disrepair is such that it could reasonably cause injury, damage, or harm to a considerable portion of the community in the use and enjoyment of property, materially interfering with the proper use or comfort and enjoyment of surrounding property, taking into consideration the nature and use of the properties in the area and the character of the community in which they are situated, which condition would be substantially offensive and annoying to persons of ordinary sensibilities living in the community. Public sewer means a sewer operated by a public authority or public utility and available for public use. Rat harborage means any conditions or place where rats can live, nest, or seek shelter. Refuse means a heterogeneous accumulation of worn out, used, broken, rejected or worthless materials, including but not limited to garbage, rubbish, paper or litter and other decayable or nondecayable matter. Rubbish means nonputrescible solid wastes (excluding ashes) consisting of either (1) Combustible wastes such as paper, cardboard, plastic containers, yard clippings, and wood; or (2) Noncombustible wastes such as tin cans or glass crockery. Safety means the condition of being reasonably free from danger and hazards which may cause accidents or disease. Sanitary means any condition of good order and cleanliness that precludes the probability of disease transmission. Structure means that which is built or constructed, an edifice, building, or fence of any kind, or any piece or work artificially built up or composed of parts joined together in some definite manner. Uninhabitable, dangerous or substandard structure means any dwelling, dwelling unit, building or structure which has any or all or the defects and deficiencies as defined herein. Variance means a difference between that which is required or specified and that which is permitted. Section 9.. Minimum standards. (a) Substandard buildings. Buildings, structures or dwellings that do not meet one or more of the minimum Page 12 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS standards, set forth in the 2000 Edition of the International Building Code, the 2000 Edition of the International Residential Code, the Housing Code, Uniform Code for the Abatement of Dangerous Buildings, the 2000 Edition of the International Mechanical Code, the 1999 Edition of the National Electrical Code, the 2000 Edition of the International Electrical Code, and the 2000 Edition of the International Plumbing Code, as adopted by city council and as amended, such that conditions or defects exist that endanger the life, health, property or safety of its occupants or the general public; constitute uninhabitable, dangerous and substandard buildings, structures or dwellings. Such structures or buildings may be declared as unfit for human occupation, in violation of this article and subject to the procedures set forth herein. (b) Deemed substandard. A structure may be deemed substandard whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the city's building regulations or as specified in the Building Code, the Housing Code or other applicable codes, or of any law or ordinance of the state or the city relating to the condition, location or structure of buildings, such that the structure meets the definition of dangerous building as defined under the adopted Uniform Code for the Abatement of Dangerous Buildings. (c) Minimum standards. A structure deemed substandard must be repaired to the minimum standards enumerated in the current Uniform Housing Code, or other code applicable to the substandard condition, as adopted and as amended. (d) Accessory structures. If the primary structure is substandard such that it requires demolition, and accessory structures are not in substandard condition, the commission may allow the accessory structures to remain in the absence of a primary use, for a fixed period of time provided that plans to construct a primary structure are submitted and attendant building permit is issued within 90 days of the demolition. (e) Variance. If the owner, lienholder or mortgagee requests a variance from the current code requirements, the commission may grant such a variance, if: Evidence or information is submitted by the owner, lienholder or mortgagee generated by a certified inspector or registered structural engineer that such a variance will have no adverse impact on the integrity of the structure or facilities, to the satisfaction of the code official. 2. This evidence must be presented at the public hearing and falls within the owner's burden of proof that the structure can be repaired. 3. In no event shall the variance permitted be less than the minimum standard required at the time of original construction. 4. The commission shall make specific findings of hardship and financial hardship, in and of itself, is not sufficient basis for granting a variance. Page 13 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS Section 10. Permits and inspections. (a) General. No building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a separate permit for each building or structure has first been obtained from the code official or his/her designee in the manner and according to the applicable conditions prescribed in the current building code. (b) Fees. Whenever a building permit or demolition permit is required by section 36-45(1) above, of this code, the appropriate fees shall be paid to the city as specified in the city's fee schedule for building permits. (c) Inspections. All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the chief building official, code official, or his/her designee, in accordance with, and in the manner provided by, this code and the current building code. Section 11. Notices and administrative orders. (a) General. Whenever the code official has inspected or caused to be inspected any structure or lot and has found and determined that such structure or lot is substandard, he/she may commence proceedings to cause repair, rehabilitation, vacation, or demolition of the structure or lot. (b) Notice and administrative order to abate. The code official shall issue a notice and administrative order to abate a substandard structure or lot. The notice and administrative order shall contain: (1) The street address and a legal description sufficient for identification of the premise upon which the structure is located. (2) A statement that the code official has found the structure or lot to be substandard with a brief and concise description of the conditions found to render the structure or lot substandard under the provisions of this code. (3) A statement of the action recommended to be taken, as determined by the code official, as follows: a. If the code official has determined that the structure or lot must be repaired, the administrative order shall require that all required permits be secured and work physically commenced within 30 days from the date of the administrative order. b. If the code official has determined that the structure or lot must be vacated, the administrative order shall require that the structure or lot must be vacated within 30 days of the date of the administrative order. Page 14 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS C. If the code official has determined that the structure or lot must be demolished, the administrative order shall require that all required permits be secured and work physically commenced within 30 days from the date of the administrative order. (4) A statement advising that a notice of hearing is forthcoming and a description of the hearing. The hearing shall provide the commission the means to consider or determine whether a structure or lot complies with the standards set forth herein and to consider or determine whether a structure or lot must be repaired or demolished, as recommended by the code official, in the notice and administrative order. (5) Statements advising that if the owner or owners of record are in full agreement with a demolition order, and that if the owner or owners of record are financially unable to abate such nuisance, then the owner or owners of record may grant the city written permission to abate said nuisance, and, in doing so shall grant the city a lien against the real property as described in section 36-49 of this code. (c) Notice of hearing. The code official shall give notice of a public hearing to all known owners, lienholders, or mortgagees for the commission to consider or determine whether a structure or lot complies with this code and to consider or determine whether a structure or lot must be repaired, secured or demolished. The notice shall be mailed and posted as provided herein, and published in the official newspaper of the city on one occasion, on or before the tenth day before the date of the hearing. The notice of hearing shall contain: (1) The name and address of the owner of the affected property, if known; (2) A legal description of the property, as well as the physical address; (3) A description of the hearing; (4) The date, time, and place of the public hearing. This date shall be established not less than ten days from the date of the administrative order; (5) A statement advising that securing the required permits and physically commencing the required action shall be considered as intent to comply with the administrative order to abate, and that the hearing shall be temporarily postponed. Should abatement halt, or not progress at a rate determined to be reasonable by the code official, the hearing shall be recalled; (6) A statement that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work. (d) Service of notice and administrative order to abate and notice of hearing. The notice of the administrative order to abate, the notice of hearing and any supplemental notices or orders shall be served upon the owner, lessor, lienholder, and mortgagees of record and occupant, if different than the owner of the structure or lot. Service of these notices and orders shall be made upon all persons entitled thereto Page 15 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS either personally or by mailing a copy of such notice by certified mail, return receipt requested, and an optional second copy by regular mail, to each such person at his/her address as it appears on the county tax rolls, or as discovered by due diligence, as defined by subsections (1) through (6) herein, and the notice shall be posted on the front door of each improvement situated on the affected property or as close to the front door as practical. The following of these procedures shall be prima facie evidence of notification. If a certified notice is returned as 'refused" or "unclaimed," the validity of the notice is not affected, and the notice shall be deemed delivered. The city has satisfied the requirements of this section to make a diligent effort to determine the identity and address of an owner, a lienholder, or a mortgagee if the city searches the following records: (1) County real property records of the county in which the building is located; (2) Appraisal district records of the appraisal district in which the building is located; (3) Records of the secretary of state; (4) Assumed name records of the county in which the building is located; (5) City tax records; and (6) City utility records. (e) Filing of notice and administrative order at the county. A copy of the notice and any administrative orders, or such orders as may be issued pursuant to these provisions, shall be filed with the county deed records in the county where 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 from a reasonable search of the instruments on file in the office of the county clerk, or upon a due diligence search as set forth herein, a legal description of the affected property, and a description of the proceeding. The filing of said notice and any said orders, is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after the filing of said notice or any said orders, and constitutes notice of said hearing and notice of any said orders, on any subsequent recipient of any interest in the property who acquires such interest after the filing of said notice or filing of any said orders. (f) Meeting/public hearing. During an officially convened meeting, the commission shall hold a public hearing on each case and shall hear such testimony as may be presented by any department of the city, the housing inspector, or the owner, occupant, mortgagee or any other person having an interest in such building to determine whether a building complies with the standards of this code. The owner, lienholder, or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with this code and the time it will take to perform the work. After all testimony has been received, the public hearing shall be closed and the commission shall deliberate on the case in open session. The commission shall make written findings of fact from the testimony offered as to whether the building complies with the standards of this code. (1) After the meeting, if a building is found in violation of standards set forth herein, Page 16 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS the commission may order that the building be vacated, secured, repaired, removed, or demolished by the owner within a reasonable time as provided herein. The commission also may order that the occupants be relocated within a reasonable time, at the cost of the owner, lienholders or mortgagees. The commission reserves the right to determine what is a reasonable amount of time to perform the ordered work or what is a reasonable amount of time to relocate occupants. (2) The commission shall require the owner, lienholder, or mortgagee of the building to, within 30 days: a. Secure the building from unauthorized entry or use; or b. Repair, remove, or demolish the building, unless the owner, lienholder, or mortgagee establishes at the hearing that the work cannot reasonably be performed within 30 days. If the commission allows the owner, lienholder, or mortgagee more than 30 days to repair, remove, or demolish the building, the commission shall establish specific schedules for the commencement and performance of the work and shall require the owner, lienholder, or mortgagee to secure the property in an approved manner from unauthorized entry while the work is being performed, as determined by the commission. (3) The commission may not allow the owner, lienholder, or mortgagee more than 90 days to repair, remove, or demolish the building or fully perform all work required to comply with the order unless the owner, lienholder, or mortgagee: Submits a detailed plan and time schedule for the work at the hearing; and Establishes at the hearing that the work cannot justifiably be completed within 90 days because of the scope and complexity of the work. If the commission allows the owner, lienholder, or mortgagee more than 90 days to complete any part of the work required to repair, remove, or demolish the building, the commission shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the code official and to the commission to demonstrate that the owner, lienholder, or mortgagee has complied with the time schedules established for commencement and performance of work. The order may require that the owner, lienholder, or mortgagee appear before the commission to demonstrate compliance with the time schedule. (g) After the meeting. (1) After the meeting, the secretary for the commission shall, within ten days after the date the order is issued: a. File a copy of the order in the office of the city secretary; b. Publish in a newspaper of general circulation in the city a notice Page 17 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS containing: The street address or legal description of the property; 2. The date of the hearing; 3. A brief statement indicating the results of the order; and 4. Instructions stating where a complete copy of the order may be obtained; and C. Shall promptly mail by certified mail, return receipt requested, and an optional second copy by regular mail, a copy of the order to the owner, any lienholder(s), and any mortgagee(s) of the building, as determined by due diligence, as defined herein. Section 12. Authority to secure unoccupied, unsecured, substandard, open buildings and structures. (a) Purpose. The owner or person in control of an unoccupied structure shall ensure that the building is in such condition that an unauthorized person cannot enter the structure through missing or unlocked doors or windows, or through other openings into the building. The city may secure unoccupied, unsecured structures, or structures occupied by persons who do not have the right of possession to the building. A lien may be filed on real property to assure the cost of securing the structure as set forth in section 36-49 herein. (b) Definitions. (1) An unsecured structure is hereby defined to be any structure or building that currently has no occupant with the right of possession of the building and which has missing or unlocked doors or windows, or other unsecured openings into the building through which unauthorized persons can enter. Any unoccupied, unsecured structure or building is hereby declared to be a danger to public health and safety and is hereby declared to be a public nuisance. (2) An unoccupied structure is hereby defined to be any structure or building that appears vacant or abandoned as evidenced by: no active utility accounts, absence of personalty, general conditions of neglect and any other substantiated evidence of vacancy or abandonment that may be presented by the code official. (c) City may secure. The code official may secure a building that: (1) Violates the standards of this code and (2) Is an unsecured structure. This authority is in addition to that regarding substandard buildings. Page 18 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS (d) Notice. (1) Before the eleventh day after the date the building is secured, the code official shall give notice to the owner of record by: a. Personally serving the owner with written notice; b. Sending a copy of the notice certified mail, return receipt requested, and an optional copy by regular mail, at the owner's post office or physical address; C. Publishing the notice at least twice within a ten-day period in the city's official newspaper if personal service cannot be obtained and the owner's post office or physical address is unknown; or d. Posting the notice on or near the front door of the building if personal service cannot be obtained or the owner's post office or physical address is unknown. (2) The notice must contain the following: a. An identification, which is not required to be a legal description, of the building and the property on which it is located; b. A description of the violation of this code that is present at the building; C. A statement that the city will secure or has secured, as the case may be, the building; and d. An explanation of the owner's entitlement to request a hearing about any matter relating to the city's securing of the building. (3) The city shall conduct a hearing before the building and standards commission at which the owner may testify or present witnesses or written information about any matter relating to the city's securing of the building if, within 30 days after the date the city secures the building, the owner files with the secretary for the commission, or the city secretary, a written request for the hearing. The city shall conduct the hearing within 20 days after the date the request is filed. (e) Method of securing. The securing of windows, doors, or any other opening allowing access to an unsecured unoccupied structure shall be done with such material and in such a fashion as to effectively bar entrance to the structure including but not limited to plywood, lumber, steel, replacement glass, nails, screws, and bolts. The use of cardboard, tar paper, window and door screens or any other material that will not effectively prevent entrance shall not be deemed sufficient in securing a structure. Section 13. Remedies; failure to comply with notice or order. If, after the expiration of the time allotted under section 12 above, the owner fails to satisfy any Page 19 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS requirement or mandate set forth therein, the City may: (1) Proceed with the hearing, in the absence of the owner if the city sent the proper notices and performed the requisite due diligence to ascertain the owners, lienholders, and mortgagees of the property. (2) Vacate, remove, secure or demolish, or cause to be vacated, removed, secured or demolished, the building and/or relocate the occupants at its own expense, should the owner fail to do so within the allotted time. The expense may be assessed as a lien against the property as allowed by law. (3) Repair or cause to be repaired the building only to the extent necessary to bring the structure into compliance with the minimum standards and only if the building is a residential building with ten or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds the minimum standards, as defined by this code, and expenses may be assessed, as provided in section 15 below; or (4) Assess a civil penalty against the property owner for failure to repair, remove, demolish, or secure the building, as provided herein. Section 14. Collections and liens. (a) General. If the city does or causes to be done any work pursuant to a commission order, including but not limited to the abatement, repair, demolition, or securing of a structure or lot, or the abatement of any conditions caused by accumulation of refuse, vegetation or other matter the city may proceed to secure payments for actual costs plus the administrative fee, as described in section 14(b) below, and as otherwise allowed by law. The code official shall keep an itemized account of any expenses incurred in abating, repairing, demolishing, or securing of a structure or lot or in abating any other condition on the property. (b) Administrative fee. In addition to the actual costs incurred in abating, repairing, demolishing, or securing a structure or lot, there shall be an administrative fee assessed on each lot, tract, or parcel of property to cover the actual cost of clerical work, title searches, publications, and filing fees estimated to be twenty (20) percent of the value of the property. (c) Fee and due date. The actual cost of abating, repairing, demolishing, or securing a structure or lot, or abating any other condition on the property, plus the attendant administrative fee, shall become due and payable upon the completion of the repairing, demolishing, or securing of the structure or other abatement procedure. The code official shall send by certified mail, return receipt requested, and an optional second copy by regular mail, an itemized billing to the owner or owners of record, describing the work done. Any money recovered by payment of the charge or assessment or from the sale of property at foreclosure sale, to the extent allowed by law, shall be paid to the city treasurer, who shall credit the same to the repair and demolition fund. If after 30 days from the billing date, payment in full has not been made; then the city may proceed to collect all monies and fees due by filing a lien upon real property. All such charges shall bear interest at Page 20 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS the rate of ten percent per annum from the date the owner of the real property receives the aforementioned notice of demand for payment of such charges. The city may bring suit in a court of competent jurisdiction to foreclose its liens and collect all monies and fees due. The written statement of such charges, or a certified copy thereof, shall be prima facie evidence of the city's claim for charges or right to foreclose the lien. (d) Filing. The city shall file its notice of lien in the office of the county clerk of the county. The notice shall contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the property on which the building was located, the amount of expenses incurred by the city and the balance due. (e) Extinguish lien. The lien is extinguished if the property owner or other person having an interest in the legal title to the property reimburses the city for the expenses. (f) Homestead exemption. Real property protected by the Texas Constitution as a homestead shall not be subject to assessment of liens resulting in expenses involved in the abatement, repair, demolition, or in securing a structure or lot as described in the process of this code. Section 15. Disclaimer of liability. No officer, agent or employee of the city shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent or employee of the city, as a result of any act required or permitted in the discharge of his duties under this chapter, shall be defended by the city attorney until the final determination of the proceedings herein. Section 16. Repeal Clause All parts of any ordinance in conflict with the provisions of this ordinance are to the extent of such conflict hereby repealed. Section 17. Savings Clause If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. Section 18. Effective Date This ordinance shall be effective upon the posting and/or publication of its caption as required by law and the City Secretary is hereby directed to implement such posting and/or publication. Page 21 of 22 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS PASSED by the City Council of the City of Anna, Texas, this 13th day of August, 2002. APPROVED: ATTESTED: Page 22 of 22