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0876 Proper~v !' ¡Iaintenance Ordinance ORDINANCE NO. 876 OFFICIAL RECORD AN ORDINANCE AMENDING E8T/\BLISHINC REGULATIONS APPLICABLE TO SUBSTANDARD AND DANGEROUS BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR A CIVIL PENAL TY; PROVIDING THAT THIS ORDINANCE SHALL NOT LIMIT THE AUTHORITY OF THE CITY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Southlake is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Southlake has previously adopted Ordinance No. 697~ establishing standards for substandard buildings; and WHEREAS, the city council have desires to update, revise and clarify the standards and regulations that apply to substandard buildings in conformance with legislative amendments, and to provide for civil penalty as permitted by law; and WHEREAS, the City Council of the City of Southlake deems it necessary to adopt this ordinance providing minimum standards to safeguard the health, property and welfare of the citizens of South lake by regulating and control1ing the use, occupancy, maintenance, repair, vacation, removal, demolition, and abatement of substandard or dangerous buildings within the City of Southlake; and WHEREAS, Chapter 214 of the Local Government Code authorizes a municipality to regulate substandard buildings and establishes procedures thereof; and W1IFREAS. the International Property Maintenance Code cstab1ishes minimum standards for ! ... ia! and nonrcsidcllti,jl structure; and WHEREAS, it is the intention of the City Council of the City of Southlake to establish minimum standards for the continued use and occupancy of al1 buildings regardless of the date of their construction and to provide for the giving of proper notice to the owner of a building and to provide for a public hearing todetermine whether a building complies with the standards set out in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: I. SECTION PURPOSE, SCOPE AND TITLE (1) Purpose. It is the purpose of this Ordinance to provide a just, equitable and practical method, to be cumulative with and in addition to any other remedy provided by the Building Code, Electrical Code, Fire Code, Mechanical Code, Plumbing Code, International Property Maintenance Code, Chapter 214 of the Local Government Code, or otherwise available at law, whereby buildings, as defined herein, which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants and may be required to be repaired, vacated, demolished, removed or secured. (2) Scope. The provisions of this Ordinance shall apply to all buildings which are hereinafter defined as dangerous or substandard buildings whether now in existence or whether they may hereafter become dangerous or substandard. (3) Title. This Ordinance shall be known as the Property Maintenance Subskmd3rd 3nd D3ngerous Building Ordinance and may be cited and referred to as such. II. SECTION DEFINITIONS (1) Building means and includes any building, fence, awning, canopy, sign, shed, garage, house, tent or other structure whatsoever and the enumeration of specific types of structures shall not be deemed to exclude other types of structures to which the sense and meaning of the provisions hereof in context reasonably have application. (2) Southlake. (3) Ordinance. (4J) (54) Southlake. (6~) Southlake. (7ê) Southlake. (81) (93) Building Code is the Building Code, as adopted and amended by the City of Building Official means the person designated by the City Manager to enforce this Fire Code is the Fire Code, as adopted and amended by the City of Southlake. Plumbing Code is the Plumbing Code, as adopted and amended by the City of Mechanical Code is the Mechanical Code, as adopted and amended by the City of Electric Code is the Electrical Code, as adopted and amended by the City of Housing Code is the Housing Code, as adopted by the City of Southlake. Building Board of Appeals (sometimes referred to as "the Board") is the Board created by Ordinance No. 622, as amended. Additionally, the definitions contained in Chapter 2, Section 2.01 and 2.02 of the 2003 Edition International Property Maintenance Code, promulgated by the International Code Council are hereby adopted for the implementation of this Ordinance. III. SECTION ENFORCEMENT (1 ) General. (a) Administration. The building official is hereby authorized to enforce the provisions of this Ordinance. The building official shall have the power to render interpretations of this Ordinance and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this Ordinance. (b) Inspections. The building official and the fire marshal or their designees are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this Ordinance. (c) Right of Entry. When it is necessary to make an inspection to enforce the provisions of this Ordinance, or when the building official or his designee has a reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this Ordinance which makes the building or premises unsafe, dangerous, or hazardous, the building official or his designee may enter the building or premises at reasonable times to inspect or perform the duties imposed by this Ordinance, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official or his designee shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. (2) Abatement of Dangerous or Substandard Buildings. All buildings or portions thereof which are determined after inspection by the building official to be dangerous or substandard as defined by this Ordinance are hereby declared to be public nuisances and shall be abated by repair, vacation, demolition, removal or securing in accordance with the procedures specified in this Ordinance. (3) Unlawful to Violate Ordinance. It shall be unlawful for any person, firm or corporation to erect, construct, or use, occupy or maintain any building that is deemed herein to be a nuisance or cause or permit the same to be done in violation of this Ordinance. (4) Inspection Authorized. All buildings within the scope of this Ordinance and all construction or work for which a permit is required shall be subject to inspection by the building official. IV. SECTION SUBSTANDARD BUILDINGS DECLARED (1)A-. For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building, and a nuisance: (a)fB Whenever aAny building tRat-is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare in the opinion of the Building Official. (b)f2j Whenever aAny building-tÞat, 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. (c)fJ1 Any building that is boarded up, fenced or otherwise secured in any manner if: (i)faj The building constitutes a danger to the public even though secured from entry: or (ii)fb1 The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section IV(1 )(b)~ above. (d)f4j Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. (e)~ Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. (f){-€B Whenever any portion of a building remains on a site after the demolition or destruction of the building. (g)f7} Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (h)tS1 Any building constructed and still existing in violation of any provision of the Building Code, Fire Code, Life Safety Code, Plumbing Code, Mechanical Code, Electrical Code, 9f Housing Code, or International Property Maintenance Code of the City of Southlake to the extent that the life, health or safety of the public or any occupant is endangered. (2)fh For the purposes of this ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereot shall be deemed and hereby is declared to be a substandard building, and a nuisance: fB (a) Whenever any door, aisle, passageway, stairway or other means of exit.i~ not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit In case of fire or panic. ~ (b) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. fJ1 (c) Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. f4j (d) Whenever any portion thereof has been damaged by fire, earthquake, wind flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. ~ (e) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. ~ (f) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. f+1 (g) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. ~ (h) Whenever the building, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. f91 (i) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. f-W-j (j) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. f4--B (k) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 or more percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings. ~ (I) Whenever the building has been so damaged by fire, wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons. f-+ð1 (m) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by the building regulations of this jurisdiction, as specified in the Building Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. f:t41 (n) Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire-resisting qualities or characteristics, or (c) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. f+B1 (0) Whenever a building, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to, the following: fa1 (i) lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. fbj (ii) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. tBj AA (i ii) (iv) fe1 (v) unit or lodging house. ~ ~ W this code. (vÍl) (viii) Lack of, or improper kitchen sink in a dwelling unit. Lack of hot and cold running water to plumbing fixtures in a hotel. Lack of hot and cold running water to plumbing fixtures in a dwelling (vi) Lack of adequate heating facilities. Lack of, or improper operation of, required ventilating equipment. Lack of minimum amounts of natural light and ventilation required by fB (ix) Room and space dimensions less than required by this code, the Building Code, or the Housing Code. ffi (x) W (xi) f4 (xii) fmj (xiii) W (xiv) ~ (xv) Lack of required electrical lighting. Dampness of habitable rooms. Infestation of insects, vermin or rodents. General dilapidation or improper maintenance. Lack of connection to required sewage disposal system. Lack of adequate garbage and rubbish storage and removal facilities. (3) Chapters 3 through 7 of the 2003 Edition of the International Property Maintenance Code, published by the International Code Council, Inc. attached hereto and incorporated herein for all municipal purposes and as amended herein, are hereby adopted by the City Council of the City of Southlake to the extent they do not conflict with other provisions of this Ordinance. For purposes of this Ordinance, any building, regardless of its date of construction, which exists in violation of Chapters 3 through 7 of the International Property Maintenance Code to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building and a nuisance. The I nternational Property Maintenance Code is amended as follows: § 302.4 delete; (a) (b) § 304.14 delete: "During the period from [date] to [date]"; (c) § 602.3 delete: "During the period from [date] to [date]"; and (d) § 602.4 delete, "During the period from [date] to [date]". v. SECTION DETERMINATION BY BUILDING OFFICIAL When the building official has inspected or caused to be inspected any building and has found and determined that the building is substandard, the building official may take any or all of the following actions, as he or she deems appropriate: (1) Issue notice to the record owner that the building is substandard and must be repaired or demolished; or (2) Issue citation(s) for violation(s) of this Ordinance; or (3) Secure the building if permitted by Subsection XII(1) below; or (4) Recommend to the Board that abatement proceedings be commenced pursuant to Section VI below. VI. SECTION PUBLIC HEARING FOR ABATEMENT OF SUBSTANDARD BUILDINGS (1) Commencement of Proceedings. When the building official has found and determined that a building is a substandard building, the building official shall commence proceedings to cause the repair, vacation, relocation of occupants, removal, demolition or securing of the building. (2) Public Hearing to be Held. Except when the City Council finds that a building is likely to immediately endanger persons or property, a public hearing before the Board shall be held to determine whether a building complies with the standards set out in Section IV above. If the City Council determines that the building constitutes an immediate danger, the procedures set forth in Section XII(2) shall be followed. (3) Notice. Not less than ten (10) days prior to the date on which the hearing is set, the building official shall issue a notice of the public hearing directed to the record owner of the building and to all mortgagees and lienholders. The city shall use diligent efforts to determine the identity and address of any owner, lienholder or mortgagee of the building through search the county real property records of the county in which the building is located; appraisal district records of the appraisal district in which the building is located, records of the Secretary of State; assumed name records of the county in which the building is located; tax records of the city; and utility records of the city. The notice shall contain: (a) The name and address of the record owner; (b) The street address or legal description sufficient for identification of the premises upon which the building is located; (c) A statement that the building official has found the building to be substandard or dangerous, with a brief and concise description of the conditions found to render the building dangerous or substandard under the provisions of Section IV above. (d) 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. (e) Notice of the time and place of the public hearing. (f) A statement that if the building is found to be in violation of this Ordinance, the Board may order that the building be vacated, secured, repaired, removed or demolished within a reasonable time. (4) Additional Notice of Public Hearing. Prior to the public hearing, the City may file a copy of the notice mailed pursuant to Section (3) above in the official public records of real property in the county in which the property is located. If such notice is not filed of record, each identified mortgagee and lienholder must be notified of any abatement order issued by the Board at the public hearing, prior to any remedial action by the City. (5) Burden of Proof. At the public hearing, 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 Ordinance, and the time it will take to reasonably perform the work. (6) Conduct of Public Hearing. At the public hearing, the owner of the building, and all other interested persons may make their appearance and be heard. Any evidence may be received and considered by the Board. The chairman of the Board, or in his absence, any officer designated by rules adopted by the Board to preside at meetings, shall preside and shall determine all questions of order. The hearing may be adjourned from day to day or continued upon a majority vote of the Board. VII. SECTION ORDER OF BUILDING BOARD OF APPEALS (1) Findings of the Board. If the Board, by a majority vote, finds upon evidence presented at the public hearing that the building is in violation of standards set out in Section IV, the Board may order that the building be repaired, vacated, removed or demolished, secured, or the occupants relocated, by the owner, mortgagee or lienholder within a reasonable time as provided herein. (2) Time Allowed to Complete Work. (a) The order must require the owner, lienholder or mortgagee of the building to within 30 days and the lienholder or mortgagee to within an additional 30 days if the owner does comply: (i) Secure the building from unauthorized entry; and/or (¡i) Repair, remove or demolish the building unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days. (b) If the Board allows the owner, lienholder or mortgagee more than thirty (30) days to repair, remove or demolish the building, the Board shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the Board. (c) The Board may not allow the owner, lienholder or mortgagee more than ninety (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: (i) Submits a detailed plan and time schedule for the work at the hearing; and (ii) Establishes at the hearing that the work cannot be reasonably completed within ninety (90) days because of the scope and complexity of the work. (d) If the Board allows the owner, lienholder or mortgagee more than ninety (90) days to complete any part of the work required to repair, remove or demolish the building, the Board shall require the owner, lienholder or mortgagee to regularly submit progress reports to the building official to demonstrate that the owner, lienholder or mortgagee has complied with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder or mortgagee appear before the Board or the building official to: (i) demonstrate compliance with the time schedules; and (ii) if the owner, lienholder or mortgagee, owns property, including structures and improvements on property within the city's boundaries that exceeds $100,000, to post cash or surety bond or letter of credit or third party guaranty to cover the cost of the work ordered by the Board. (e) All orders of the Board must allow a lienholder or mortgagee at least 30 additional days to complete the ordered work in the event the owner fails to comply with the order within the time provided for action by owner, prior to remedial action by the City. (3) Contents of order. The order of the Board must contain at minimum: (a) An identification which is not required to be a legal description, of the building and the property on which it is located; and (b) A description of the violation of minimum standards present in the building; and (c) A description of the ordered actions, including a statement that the owner may repair, if determined feasible by the Board, or demolish or remove at his option; and (d) A statement that the City will vacate, secure, remove or demolish the building or relocate the occupants of the building if the ordered action is not taken within the time allowed, and charge the cost to the property; and (e) If the Board has determined that the building will endanger persons. or property and that the building is a dwelling with 10 or fewer dwelling units, a statement that the city may repair the building and charge the costs to the property if the ordered action is not taken within the time allowed. VIII. SECTION NOTICE OF ORDER OF BUILDING BOARD OF APPEALS (1) Order Shall be Mailed. After the public hearing, the building official shall promptly mail, by certified mail, return receipt requested, a copy of the order to the record owner of the building, and each identified lienholder and mortgagee of the building. (2) Order Shall be Filed with City Secretary. Within ten (10) days after the date that the order is issued by the Board, the building official shall file a copy of the order in the office of the City Secretary. (3) Order Shall be Published. Within ten (10) days after the date the order is issued by the Board, the building official shall publish in a newspaper of general circulation within the City a notice containing: (a) The street address or legal description of the property; and (b) (c) The date the hearing was held; and A brief statement indicating the results of the order; and (d) Instructions stating where a complete copy of the order may be obtained. IX. SECTION ENFORCEMENT OF THE ORDER OF BUILDING BOARD OF APPEALS (1) If order not complied with, City may take action. If the building is not vacated, secured, repaired, removed or demolished within the time specified by the order, the City may vacate, secure, repair, remove or demolish the building or relocate the occupants at its own expense, provided however: (a) The City may not act to remove or demolish a building until after the Board has found: (i) That such defects or conditions exist to the extent that the life, health, property or safety of the public or the occupants of the building are endangered; and (ii) The building is infeasible of repair; or (iii) There is no reasonable probability that the building will be repaired within a reasonable period of time if additional time is given. (b) The city may only repair a building as provided herein to the extent necessary to correct the conditions which render the building dangerous, and may not act to repair a building unless: (i) The Board has made a determination that the building is likely to endanger person or property; and (i i) The building is a residential dwelling with ten (10) or fewer dwelling units. (c) In the event there are mortgagors or lienholders, the City may only repair, remove or demolish the building after allowing the lienholder or mortgagee an additional 30 days after the time prescribed in the order has expired to complete the required work. (d) Remedial action by the City does not limit the ability of a municipality to collect on a bond or other financial guarantee that may be required by Section VII(2)(d) of this Ordinance. (2) Posting of Notice to Vacate Building. If the order requires vacation or if compliance is not had with the order within the time specified therein, the building official is authorized to require that the building be vacated. Notice to vacate shall be mailed by certified mail, return receipt requested to the occupant of the building and it shall be posted at or upon each entrance to the building and shall be in substantially the following form: "SUBSTANDARD BUILDING DO NOT ENTER UNSAFE TO OCCUpy It is a misdemeanor to occupy this building or to remove or deface this notice. Building Official City of Southlake" (3) Remedial Action by City. Any repair or demolition work, or securing of the building shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided. Any surplus realized from the sale of such building, or from the demolition thereof, over and above the cost of demolition and cleaning of the lot, shall be paid over to the person or persons lawfully entitled thereto. (4) Failure to Obey Order. Any person to whom an order pursuant to Section VII is directed who fails, neglects or refuses to comply with such order shall be guilty of a misdemeanor and may be prosecuted in municipal court in addition to any other remedies available to the City provided herein. (5) Interference Prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City or with any person who owns or holds any estate or interest in the building which has been ordered repaired, vacated, demolished, removed or secured under the provisions of this Ordinance; or with any person to whom such building has been lawfully sold pursuant to the provisions of this Ordinance, whenever such officer, employee, contractor or authorized representative of the City, person having an interest or estate in such building, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing, removing or securing any such building pursuant to the provision of this Ordinance, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this Ordinance. (6) Permit Required. Any work of closure, repair, removal or demolition by the property owner or any lienholder or mortgagee or their agents must be performed pursuant to valid unexpired permits issued by the City. All permits issued pursuant to an order of the Board shall expire upon expiration of the time for compliance set forth in the order. X. SECTION PERFORMANCE OF WORK BY THE CITY (1) Procedure. When any work of repair, removal, demolition or securing is to be performed by the City pursuant to the provisions of any order of the City Councilor the Board, the work may be accomplished by City personnel or by private contract as may be deemed necessary. Rubble and debris shall be removed from any premises and the lot cleaned if removal or demolition is ordered. The building or building materials may be sold if removal or demolition is ordered, and the proceeds shall be used to offset other costs of the work. (2) Costs. The cost of such work shall be paid from City funds and shall constitute a special assessment and a lien against such property to secure payment thereof, together with ten percent (10%) interest on such amount from the date on which the work is performed. (3) Repair to Minimum Standards Only. In the event repair by the City is permitted by this Ordinance, t::¡::he City may repair the building at its own expense and assess the expenses on the land on which the building stands or is attached to only to the extent necessary to bring the building into compliance with minimum standards. XI. SECTION RECOVERY OF COST OF SECURING, REPAIR, REMOVAL OR DEMOLITION (1) Itemized Account and Notice of Lien. The building official shall keep an itemized account of the expenses incurred by the City in the securing, repair, removal or demolition of any building pursuant to this Ordinance. Upon completion of the work, the Building Official shall prepare and file with the City Secretary a sworn account and Notice of Lien containing the following information: (a) The name and address of the owner if that information can be determined with a reasonable effort; (b) A legal description of the real property on which the building is or was located; (c) The type of work performed; and (d) balance due. The amount of expenses incurred by the city in performing the work and the (2) Notice Filed in County Records. The City Secretary shall file the Notice of Lien along with a copy of the order of abatement issued by the Board in the deed records of the county in which the premises are located. (3) Personal Obligation of Property Owner. The expenses incurred by the City as set forth in the sworn account of the building official shall be a personal obligation of the property owner in addition to a priority lien upon the property. The City Attorney may bring an action in any court of proper jurisdiction against the owner or property to recover the costs incurred by the City. (4) Lien Shall be Valid and Privileged. Upon filing of the Notice of Lien in the Deed Records of Tarrant or Denton County, Texas, the lien shall be valid against the property so assessed. The lien shall be privileged and subordinate only to tax liens and shall be paramount to all other liens. The lien shall continue until the assessment and all interest due and payable thereon has been paid. (5) Assessment Must be Paid. No utility service, building permit or certificate of occupancy shall be allowed on any such property until the assessment is paid and such lien is released by the City. (6) Release of Lien. After the expenses incurred by the City, as set forth in the sworn account of the building official, have been fully paid with interest of ten percent (10%) per annum from the date the work was performed, the building official shall execute a release of lien which shall be filed in the Deed Records of Tarrant or Denton County, Texas. XII. SECTION ADDITIONAL AUTHORITY TO SECURE CERTAIN SUBSTANDARD BUILDINGS PRIOR TO PUBLIC HEARING AND SECURE, DEMOLISH, REPAIR OR REMOVE CERTAIN DANGEROUS BUILDINGS (1) Securing of Unoccupied, Substandard Building. Notwithstanding any other provisions of this Ordinance the City may secure a building if the building official determines: (a) That the building violates the minimum standards set forth in Section IV above; and (b) That the building is unoccupied or is occupied only by persons who do not have the right of possession to the building. (2) If Building Creates Immediate Danger. Notwithstanding any other provisions of this Ordinance, if the City Council finds that a building is likely to immediately endanger persons or property the City Council may: (a) Order the owner of the building, the owner's agent, or the owner or occupant of the property on which the structure is located to repair, remove, or demolish the structure, or the dangerous part of the structure, within a specified time; or (b) Repair, remove, or demolish the structure, or the dangerous part of the structure, at the expense of the municipality, on behalf of the owner of the structure or the owner of the property on which the structure is located, and assess the repair, removal, or demolition expenses on the property on which the structure was located. (3) Notice of Action. Before the eleventh (11th) day after the date the build.ing is secured pursuant to Subsection XII(1) above, or action is ordered pursuant to Subsection XII(2)(a) above, or the building is repaired, removed or demolished pursuant to Subsection XII(2)(b) above, the building official shall give notice to the owner by: (a) (b) Personally serving the owner with written notice; or Depositing the notice in the United States mail addressed to the owner at the owner's post office address; or (c) Publishing the notice at least twice within a ten (10) day period in a newspaper of general circulation in the county in which the building is located, if personal service cannot be obtained and the owner's post office address is unknown; or (d) Posting the notice on or near the front door of the building if personal service cannot be obtained and the owner's post office address is unknown; and (e) In addition to the above, depositing notice in the United States mail to all lienholders and mortgagees who can be determined from a reasonable search of instruments on file in the office of the County Clerk. (4 ) Notice. The notice must contain: (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 the minimum standards present in the building; (c) A statement that the city will secure or has secured, as the case may be, the building, or that the City has taken or will take the action ordered pursuant to Subsection XII(2) above; (d) An explanation of the owner's entitlement to request a hearing about any matter relating to the City's securing, removing, demolishing or repairing of the building. (5) Hearing. The Board or the City Council 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, repairing, removing or demolishing of the building, if, within thirty (30) days after the date the City has taken action pursuant to Subsections XII(1) or (2) above, the owner files with the City a written request for the hearing. The hearing shall be conducted within twenty (20) days after the date the request is filed. (6) Lien. If the City incurs expenses under this Subsection, such expenses incurred shall be a personal obligation of the property owner in addition to a priority lien upon the property, and costs shall be recovered as provided by Section X of this Section. (7) Violation. It shall be unlawful to fail to comply with an order issued pursuant to this Section. XIII. SECTION CIVIL PENAL TV (1) Civil Penalty Authorized. In addition to any other enforcement authority provided for by law, the Board may, by order, at an administrative hearing assess a civil penalty against a property owner as provided for herein for failure to comply with an order issued by the Board pursuant to Section VII of this ordinance. (2) Showing Required. The civil penalty may be assessed if it shown at the administrative hearing that: (a) the property owner was notified of the contents of the order issued pursuant to Section VII of this ordinance; and (b) the property owner committed an act in violation of the order or failed to take an action necessary for compliance with the order. (3) Amount of Penalty. The civil penalty may be assessed in an amount not to exceed $1000.00 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. (4) Notice of Administrative Hearing. Not less than ten (10) days prior to the date on which the administrative hearing is set, the property owner shall be sent a notice of the hearing by certified mail/return receipt requested. The notice shall contain: (a) a copy of the order issued by the Board to Section VII of this ordinance; (b) a statement that the building official has determined that the property owner committed an act in violation of that order, or failed to take an action necessary for compliance with that order; (c) a statement that at the administrative hearing the Board may assess a civil penalty not to exceed $1000.00 a day for each violation or, if the owner shows that the property is the owners' lawful homestead, in an amount not to exceed $10.00 a day for each violation; and (d) notice of the time and place of the hearing. (5) Copy of Order Filed with District Clerk. After the civil penalty is assessed, the city secretary shall file with the district clerk of the county in which the property is located, a certified copy of the order assessing the civil penalty stating the amount and duration of the penalty. (6) Enforcement. The civil penalty may be enforced by the city in a suit brought by the City in a court of competent jurisdiction for a final judgment in accordance with the assessed penalty. A civil penalty under this subsection is final and binding and constitutes prima facie evidence of the penalty in any suit. XIV. SECTION AUTHORITY NOT LIMITED Notwithstanding all other provisions of this Article, nothing herein shall be deemed a limitation on the duty of the City to summarily order the demolition of any building or structure where it is apparent that the immediate demolition of such building or structure is necessary to the protection of life, property or general welfare of the people in the city. XV. SECTION This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Specifically, Ordinance No. 697~ is repealed. XVI. SECTION It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. XVII. SECTION Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. XVIII. SECTION All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 697 560 3nd Ordinance No. 615 or any other ordinances affecting the abatement of dangerous or substandard buildings which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. XIX. SECTION The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. XX. SECTION The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. XXI. SECTION This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING THIS 11th DAY OF S.. , 2004. MAOR ATTEST: lip1 iiia dn iN : ` • CITY SECRETARY •' 0 *** PASSED AND APPROVED ON FIRST READING THIS ZOthDAY OF JJ , 2004. -- S--- - AYOR ATTEST: , 4Cin,A,..i -DPpuJi CITY SECRETARY ��ll **fit EFFECTIVE DATE: ' ,13-1Y1 APP' *VED AS TO FIRM AND LEGALITY: CL'.., J ALA CITY ATTORNEY INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 243463011 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 7/6/04 Ai Mr Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 7/31/04 Bill To: PO Number: CITY OF SOUTHLAKE MOO MAIN ST Order Number: 24346301 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 7/6/04 .: iWticii :,1t ,t•t t y� f 9 �*.• ai 4 ,41 & I; '4, �.:9' i• 1'3 N,. CITY OF SOUTHLAKE Notice is he 13580 1 85 85 LINE $0.81 $68.85 CITY OF SOUTHLAKE Notice is hereby given by the City Council of the City of Southlake, Net Amount• $68.85 Texas, that a public hearing will be held on July 20, 2004, at 6:00 p.m. or immedi- ately following the Work Session, during the Regular City Council meeting to be held in the City Council Chambers of Town Hall,1400 Main Street, Southlake, Texas.Purpose of the public hearing is to consider the second reading of the foi- 1 lowingg ordinance: Propert Maintenance Ordinance ORDINANCE NO. 0 AN ORDINANCE _ AMENDING REGU- LATIONS APPLICA- BLE -CHRISTY L.HOl IANC TO SUBSTAN- CRO ARD AND DA S 1.1 •i MY COMMISSION EXPIRE: BUILDINGS,' PRO- 1 VIDING FR THE ltd. JULY 31,2004 THE STA1 I REPAIR, REMOVAL, County of VACATION, ANOF D DANGEROUS AND SUBSTANDARD Before me, B DING FOIE A CIVRE For said County and State,this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Stal PENALTY; PRONTO- the Star-Telegram, Inc.at Fort Worth, in Tarr nt County,Texas;and who, after being duly sworn,did depose and say ING THAT THIS that the at ORDINANCE SH ertisement was published in the above named per on the listed dates: BIDS 8r LEGAL DEPT. STAR TLEGRAM (817) 39i THOORITYITOFEALL THE • CITY PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE OF I Signed ALL ORDINANCES; PROVIDING A SEV- SUBSCRIBI PROVIDING FOR A EFORE ME, THIS Saturday,July 10, 2 CATIONS FHOEREOF; —` GS IDINGCLAUSE' Notary Public PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. ThankV Any person, firm or ,merit i Cf corporation who vie-- lates,disobeys,omits, neglects or refuses to comply with or who ,— resists the enforce- ment of any of the provisions of this or- dinance shall be fined not more than Two Thousand Dollars Remit To: Customer ID: CIT57 ($2,000.00) for each offense.Each day that to violations is permuted 51 Customer Name: CITY OF SOUTHLAKE exist shall consti- tute a separate of- fense. of TX 76101-2051 Invoice Number: 243463011 City of Southlake Lon Farwell City Secretary MI I Invoice Amount: $68.85 PO Number: Amount Enclosed: !$ ........�_.__.____,.._I INVOICE Star-Telegram Customer ID: CIT57 400 W. 7th Street Invoice Number: 244155821 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 7/23/04 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 7/31/04 Bill To: PO Number: CITY OF SOUTHLAKE • 1400 MAIN ST Order Number: 24415582 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 7/23/04 •': fi • &° i f : i iy �, i s q t , t v'' € CITY OF SOUTHLAKEAp Property Mai 13580 1 73 73 LINE $0.81 $59.13 .. 30U KE Property Ma tertance nce O NO. 876 Net Amount: $59.13 AN ORDINANCE AMENDING REGU- LATIONS APPLICA- BLE TO SUBSTAN- DARD AND DAN- BUILDINGS; PRO- VIDING v R ' EAIFOR THE D u c n \i '. 3 REPAIR, DEMOLI- Ilf�J' .SS TION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS, PRO- PENIALTY;; ROVID j. AU6 _ 2004 ING THAT THIS ORDINANCE SHALL NOT LIMIT THE AU • - THORITY OF THE CITY,' 'OFFICE OF CITY SECRETARY - THA PROVIDING THIS ORDI- NANCE SHALL BE ,tiiti�Y'�y CHRISTY L.HOLLAND CUMULATIVE OF ALL ORDINANCES; F.`*: ..*Si. MY COMMISSION EXPIRES PROVIDING A SEV- ERABILITY CLAUSE; 0 ...• ' July 31,2008 PROVIDING FOR A 'of,, a THE STAT LLAETIONS HEREOF; ` `4 County Of INGSVIDIN CLAUSE PROVIDING FOFI PUBLICATION IN Before me, THENEWSPAPER AN OFFICIALD for said County and State,this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star PECOTIVENDATE EF- the Star-Telegram, Inc.at Fort Wor in Tarrant County,Texas;and who, after being duly sworn, did depose and say that the att SECTION 17 ertisement was published in the boy amed paper on the listed dates: BIDS 8i LEGAL DEPT. STAR TLEGRAM •• Any person, firm or • (817) 391 corporation who vio- lates,disobeys,omits, (/(i neglects or refuses to LU.f)/-s------- comply with or who resists the enforce- Signed ment of any of the provisions of this or- SUBSCRIB note mgrehinan Twg IEFORE ME, THIS Thursday,July 29, / ///�� Thousand Dollars / A `�r`� ) ($2,000.p0) for each 1/%{/�I /v,/ offense.Each day that a violation Is pertained Notary Public to exist shall consti- tute a separate of-I IPASSEE D D AP- PR0�7ED THIS THE Thank Yc 2004 ODURIONGJ THE' yment REGULAR CITY __._...___ MCOAYOR: AUNCIL MEETING.ndy ATmbsg rESST:Lori Farwell, City Secretary Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 244155821 Invoice Amount: $59.13 PO Number: Amount Enclosed: ,$