HomeMy WebLinkAboutOrd 538-2011 Establish Bldg & Standards Commission.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 538-2011
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES PART II, ARTICLE 8, SECTION 1.12 (DANGEROUS
STRUCTURES); ESTABLISHING A BUILDING AND STANDARDS COMMISSION;
PROVIDING FOR AUTHORITY OF THE BUILDING AND STANDARDS COMMISSION
TO HEAR AND DETERMINE CERTAIN MATTERS; PROVIDING FOR SAVINGS,
SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") City Council ("City Council") has previously
adopted ordinances, rules and regulations governing dangerous structures that are
codified as Part II, Article 8, Section 1.12, of The Anna City Code of Ordinances ("Anna
Code"); and
WHEREAS, the City Council has investigated and determined that it would be beneficial
and advantageous to establish a Building and Standards Commission ("Commission")
to hear cases and make determinations and declarations and to issue orders on matters
of sub-standard structures and related public health regulations pursuant to Texas Local
Government Code Chapter 54, subchapter C and .
WHEREAS, the City Council recognizes that the Commission shall have the authority to
hear cases and make rulings with respect to Anna Code provisions, ordinances and
regulations of the type and character described in Texas Local Government Code
Section 54.032 and in accordance with this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above-referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. In accordance with Part II, Article 1, Section 9 of the Anna Code, the
following amendment is made to Part II, Article 8, Section 1.12 (Dangerous
Structures) as follows:
1.12 Dangerous Structures
(a) General. When a Structure is found to be a Dangerous Structure by the
Code Official, the Structure may be Condemned or otherwise addressed
pursuant to the provisions of this subsection Secton 1.12, provid ing for
notice and a public hearing.
b Reference to state law. This subsection Section 1.12 is ado ted ursuant
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seq.
(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/deteriora
tion to the supporting member(s) 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 bucklin
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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.
Buildin and Standards Commission Functions. After the ublic hearin
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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 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.
~.QllPre-hearing notice. Except as otherwise stated in this Section 1.12, when
\A/hen a Structure is found to be a Dangerous Structure by the Code Official, the
Code Official must send the o\*mer of the StruGture or deliver written notice of a
public hearing regarding the Dangerous Structure. The notice must be sent or
delivered on or before the 10th 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 10th 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 be sent certified mail, return receipt requested
and 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
must be remedied and must state that the owner,
Ord. 538-2011 Establish Bldg & Standards Commission PAGE40F 11 02-08-11
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 tAis subsection 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.
tQ1 ill Hearing and order. A hearing under this Section 1.12 subseotion may be
held either by the munioipal oourt or by the City Counoil must be held by the
Commission. After the public hearing, if a Structure is found by the City Counoil
or the munioipal oourt Commission to be a Dangerous Structure according to the
standards set forth or referenced in this section Section 1.12, the City Counoil or
the munioipal oourt Commission may order that the building Structure be
vacated, secured, repaired, removed, or demolished by the owner within a
reasonable time as provided by this subsection Section 1.12. The Gity
Commission also may order that the Occupants, if any, be relocated within a
reasonable time. In a public hearing to determine whether a building Structure
complies with the standards set out in this section 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 this subsection 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.
~ill Content of order. In oonduoting the publio hearing required under this
subsection Section 1.12, the City Counoil or the munioipal oourt The
Commission's order shall be in writing and shall require the owner, lienholder, or
mortgagee of the building Structure to within 30 days.;.
f11 vacate, secure.!. the building Structure from unauthorized entry; or
(2t-repair, remove, or demolish the building Structure, unless the owner or
lienholder establishes at the hearing that the work cannot reasonably be
performed within 30 days.
tf) 00 If the City Counoil or the munioipal court Commission allows the owner,
lienholder, or mortgagee more than 30 days to repair, remove, or demolish the
building Structure, the Gity 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, lienholder, or mortgagee
to secure the property in a reasonable manner from unauthorized entry while the
work is being performed, as determined by the hearing offioial Commission.
t€» ill The City Commission may not issue an order allowing the owner,
lienholder, or mortgagee 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, lienholder, or mortgagee:
(1) submits a detailed plan and time schedule for the work at the hearing; and
2 establishes at the hearin that the work cannot reasonabl leted
Ord. 538-2011 Establish Bldg & Standards Commission PAGE 5 OF 11 02-08-11
within 90 days because of the scope and complexity of the work.
W fm.llf the G#y 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 Structure, the order shall require the owner, lienholder, or
mortgagee to regularly submit progress reports to the G#y Commission to
demonstrate compliance with the time schedules established for commencement
and performance of the work. The order may require that the owner, lienholder,
or mortgagee appear before the Code Official or the Code Official's designee to
demonstrate compliance with the time schedules. If the owner, lienholder, or
mortgagee owns property, including Structures or improvements on property,
within the municipal boundaries that exceeds $100,000 in total value, the G#y
Commission may include in the order a requirement that the owner, lienholder, or
mortgagee post a cash or surety bond in an amount adequate to cover the cost
of repairing, removing, or demolishing a building Structure under this subsection
Section 1.12. In lieu of a bond, the G#y Commission may require the owner,
lienholder, or mortgagee to provide a letter of credit from a financial institution or
a guaranty guarantee from a third party approved by the G#y Commission. The
bond must be posted, or the letter of credit or third-party guaranty guarantee
provided, not later than the 30th day after the date the G#y Commission issues
the order.
ti1 !rllPost-hearing notice. If the owner was not present at the public hearing, the
G#y 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 G#y 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
G#y Commission satisfies the requirements of this subsection 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 G#y
searches the following records are searched:
(1) real property records of the county in which the building Structure is located;
(2) records of the appraisal district in which the building Structure is located;
(3) records of the secretary of state;
(4) assumed name records of the county in which the building Structure is
located;
(5) tax records of the municipality; and
(6) utility records of the municipality.
ffi .{QlOnce steps have been taken to identify each mortgagee and lienholder as
referenced in subsection n, the Code Official shall obtain ersonal delive on
Ord. 538-2011 Establish Bldg & Standards Commission PAGE 6 OF 11 02-08-11
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 building Structure if the ordered
action is not taken within a reasonable time.
W f.Q1 Alternative Procedure. As an alternative to the procedure prescribed by
subsections 1.12(0) 1.12(i) 1.12(n) and 1.12(0), the City may make a diligent
effort to discover each mortgagee and lienholder before conducting the public
hearing referenced in those subsections-ill 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 subsection 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 subsection (p), the order issued by
the Gfty Commission as a result of the public hearing may specify a reasonable
time as provided by this section Section 1.12 for the building 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 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. Under this subsection (p),
the City is not required to furnish any notice to a mortgagee or lienholder other
than a oopy of the order in the e\tent the o ...mer fails to timely take the ordered
action.
tit !g} Filing, publication and mailing of order. Regardless of which of the two
procedures set forth above is exercised by the City, the Gfty Commission shall
within 10 days after the date that the order is issued:
; and
Ord. 538-2011 Establish Bldg & Standards Commission PAGE 70F 11 02-08-11
(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 at 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.
tm:) ltllf the City did not proceed under the alternative procedure described in
subsection (p), then, AfteF after the public hearing, the City 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.
tnt f§} 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
building Structure or relocate the Occupants at its own expense. This subsootion
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 sootion PMC. If the City
incurs expenses under this subsootion 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 building 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 building Structure was located, the
amount of expenses incurred by the City, and the balance due.
~ill Undelivered notice. When the Code Official or other City GF-its-agent mails
a notice in accordance with this subsection 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.
~M Additional authority to secure a substandard building Structure. The City
may secure a Structure that the Code Official determines:
(1) violates the minimum standards of this section PMC or other minimum
standards referenced in this Section 1.12; and
Ord. 538-2011 Establish Bldg & Standards Commission PAGE 8 OF 11 02-08-11
(2) is unoccupied or is occupied only by persons who do not have a right of
possession to the building Structure.
~M Notice pertaining to securing Structure. Before the 11 th day after the date
the Structure is secured under subsection (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 building 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 building Structure if
personal service cannot be obtained and the owner's post office address is
unknown.
~M Content of notic~.:. The notice referenced under subsection (v) under must
contain:
(1) an identification, which is not required to be a legal description, of the building
Structure and the property on which it is located;
(2) a description of the violation of the City standards that is present at the
building Structure;
(3) a statement that the City will secure or has secured, as the case may be, the
building 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 building Structure.
W M Hearing. After securing a substandard structure under subsection (u), +he
City Councilor municipal court 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 owner files 'IJith the City a written request for the
hearing. The Gity Commission shall conduct the hearing within 20 days after the
date the request is filed.
~g} Expenses. The City has the same authority to assess expenses for
securin a substandard structure under tAis-subsection u as it has to assess
Ord. 538-2011 Establish Bldg &Standards Commission PAGE 9 OF 11 02-08-11
expenses under subsection 1.12(n) 1.12(s). A lien is created under this
subsection gtin the same manner that a lien is created under subsection 1.12(n)
1.12(s) and is subject to the same conditions as a lien created under that
subsection.
t4:I1 ~Seizure and sale of property to recover expenses. The City may
foreclose a lien on property under this subseotion 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 building Structure or other Structure on the property has been
demolished;
ii. a lien for the cost of the demolition of the building 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.
M (bb) Salvage materials. When any Structure has been ordered demolished
and removed, the governing body City or other designated offioer 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 re ort shall so state.
Section 3. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. 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.
The City declares that it would have passed this ordinance, and each section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that anyone or
more sections, subsections, sentences, clauses, and phrases be declared
unconstitutional or invalid.
Section 4. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
Ord. 538-2011 Establish Bldg & Standards Commission PAGE 10 OF 11 02-08-11
PASSED by the City Council of the City of Anna, Texas, this 8th day of February, 2011.
ATTESTED: APPROVED:
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02-08-11