Item 8ICity of Southlake, Texas
MEMORANDUM
June 28, 2004
TO: Billy Campbell, City Manager
FROM: Rick Black, Director of Public Safety (Ext. 2421)
SUBJECT: Ordinance No. 876, Ist Reading, Adoption of the Property Maintenance Code.
Action Requested: City Council approval of Ordinance No. 876 adopting the Property
Maintenance Code.
Background
Information: The city currently operates under the 2000 editions of the International Codes
and under the 1999 edition of the National Electrical Code. These codes are
published on a three year cycle. The North Central Texas Council of
Governments Executive Board with the recommendation of the Regional
Code Coordinating Committee has recommended adoption of these codes
except the Property Maintenance Code be adopted with regional amendments.
The Property Maintenance Code is included as an update for the Dangerous
Building Code.
Financial
Considerations: This code will require property owners to maintain buildings as prescribed.
Financial Impact: This will have no financial impact on the city budget.
Citizen Input/
Board Review: The Building Board of Appeals held three public hearings and unanimously
recommended adoption of these codes.
Legal Review: This ordinance has been reviewed by the city attorney and changes have been
made as recommended.
Alternatives: Adopt the ordinance as recommended or direct staff to restudy any specific
issues that may be of concern.
Supporting
Documents: Detailed memorandum to Garland Wilson dated June 21, 2004
Ordinance No. 876, Property Maintenance Ordinance
Staff
Recommendation: Approve Ordinance No. 876 on first reading with an effective date of
September 30, 2004.
RB /gw
City of Southlake, Texas
MEMORANDUM
June 21, 2004
TO: Garland Wilson, Chief of Administrative Services
FROM: Paul Ward, Building Official, and;
Chuck Bloomberg, Plans Examiner
SUBJECT:2003 International Codes
The ICC, International Code Council, is a nonprofit organization founded in 1994 to develop a single set
of comprehensive and coordinated national model construction codes for use throughout the country.
We as the City of Southlake have been involved and supportive throughout the code development
process and the creation of the International Codes. This support has been through the North Texas
chapter of the International Code Council and through the regional review process be the Regional
Codes Coordinating Committee of the NCTCOG (North Central Texas Council of Governments).
The I Codes were developed with the support of many organizations that have interest in the
construction industry although the final vote on all items is by code officials only. Work on the
International Codes has been a model of democracy, without territorial disparities getting in the way.
The American Institute of Architects and the National Association of Home Builders were both very
active participants in the code development process. The National Association of Home Builders has
applauded the recent action by the International Code Council (ICC) to add "affordability" to the Purpose
Statement section of the International Residential Code (IRC), which applies to one- and two - family
homes.
The City of Southlake has had a track record of supporting the latest edition of the codes. The code has
been published every three years for a long time. Since the 1980's Southlake has adopted the new code
within one year of it becoming available.
Another important reason to be up to date with the latest codes is the ISO insurance rating. Their
system will subtract points if the city is not on the current codes. We always need to be able to show that
we are current with the latest codes.
The Property Maintenance Code is a new code that replaces several miscellaneous ordinances and
more comprehensively regulates maintenance of existing structures. The provisions of this code apply to
all existing residential and nonresidential structures and all existing premises and constitute minimum
requirements and standards for premises, structures, equipment and facilities for light, ventilation,
space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards,
and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the
occupancy of existing structures and premises, and for administration, enforcement and penalties. This
code's intent is to ensure public health, safety and welfare insofar as they are affected by the continued
occupancy and maintenance of structures and premises. Existing structures and premises that do not
comply with these provisions shall be altered or repaired to provide a minimum level of health and
safety. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with
the International Building Code or the International Residential code. Note the red lined text has been
provided by the City Attorney.
Property Maintenance Ordinance
ORDINANCE NO. 876
AN ORDINANCE AMENDING ESTABLISHING 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
PENALTY; 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 Southlake by
regulating and controlling 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
WHEREAS, the International Property Maintenance Code establishes minimum standards for
residential and nonresidential 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 all 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 to
determine 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:
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
Ordinance and may be cited and referred to as such.
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) Building Code is the Building Code, as adopted and amended by the City of
Southlake.
(3) Building Official means the person designated by the City Manager to enforce this
Ordinance.
(46) Fire Code is the Fire Code, as adopted and amended by the City of Southlake.
(54) Plumbing Code is the Plumbing Code, as adopted and amended by the City of
Southlake.
(66) Mechanical Code is the Mechanical Code, as adopted and amended by the City of
Southlake.
(76) Electric Code is the Electrical Code, as adopted and amended by the City of
Southlake.
(87-) Housing Code is the Housing Code, as adopted by the City of Southlake.
(96) 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.
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){4-) Whenever aAny building that- 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)R4 Whenever aAny building4haf, 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){-_'�) Any building that is boarded up, fenced or otherwise secured in any manner if:
from entry; or
(i)ka) The building constitutes a danger to the public even though secured
(ii)M 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)R) above.
(d){4 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){--c Whenever any building is in such a condition as to make a public nuisance
known to the common law or in equity jurisprudence.
(f){P-) Whenever any portion of a building remains on a site after the demolition or
destruction of the building.
(g) -) Whenever any building is abandoned so as to constitute such building or
portion thereof an attractive nuisance or hazard to the public.
(h)k&) 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, er
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)43--. 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
thereof shall be deemed and hereby is declared to be a substandard building, and a nuisance:
{4-) (a) Whenever any door, aisle, passageway, stairway or other means of exit is not
of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in
case of fire or panic.
R� (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.
{-3) (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.
{4) (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.
{5} (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.
{6-) (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.
{7-) (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.
k&) (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.
09) (i) Whenever, for any reason, the building, or any portion thereof, is manifestly
unsafe for the purpose for which it is being used.
491) (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.
44-) (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.
42-) (1) 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.
4-3) (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.
44) (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.
45) (o) 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:
{-a) (i) Lack of, or improper water closet, lavatory, bathtub or shower in a
dwelling unit or lodging house.
M (ii) Lack of, or improper water closets, lavatories and bathtubs or showers
per number of guests in a hotel.
{ (iii) Lack of, or improper kitchen sink in a dwelling unit.
A (iv) Lack of hot and cold running water to plumbing fixtures in a hotel.
{e} (v) Lack of hot and cold running water to plumbing fixtures in a dwelling
unit or lodging house.
{f) (vi) Lack of adequate heating facilities.
{g) (vii) Lack of, or improper operation of, required ventilating equipment.
{a+) (viii) Lack of minimum amounts of natural light and ventilation required by
this code.
k+ (ix) Room and space dimensions less than required by this code, the
Building Code, or the Housing Code.
{})
(x)
Lack of required electrical lighting.
{}
(xi)
Dampness of habitable rooms.
{�}
(xii)
Infestation of insects, vermin or rodents.
OP)
(xiii)
General dilapidation or improper maintenance.
{}
(xiv)
Lack of connection to required sewage disposal system.
Oe}
(xv)
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 International Property Maintenance Code is amended as follows:
(a) § 302.4 delete; (Reason: The recent high grass and weeds ordinance covers
this section more thoroughly)
(b) § 304.14 delete: "During the period from [date] to [date] "; (Reason: insect
screens are needed in this area year around.)
(c) § 602.3 delete: "During the period from [date] to [date] "; and (Reason:
consistent with IRC, heating equipment is required at all times.)
(d) § 602.4 delete: "During the period from [date] to [date] ". Reason: consistent
with IRC, heating equipment is required at all times.)
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
not comply:
(i) Secure the building from unauthorized entry; and /or
(ii) 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) The date the hearing was held; and
(c) 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
(ii) 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 Iienholder 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 Council or 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, tThe 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
balance due.
(d) 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:
and
(a) That the building violates the minimum standards set forth in Section IV above;
(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 building 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) Personally serving the owner with written notice; or
(b) 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
Iienholders 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 PENALTY
(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 an d Orrdir,aRGe 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 DAY OF , 2004.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING THIS _ DAY OF , 2004.
MAYOR
ATTEST:
CITY SECRETARY EFFECTIVE: Date:
APPROVED AS TO FORM AND LEGALITY:
Date:
City- Attorney-