0615ORDINANCE ~NO. 615
AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO
DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING ]?OR THE
REPAIR, DEMOLITION, REMOVAIo SECURING, AND VACATION OF
DANGEROUS AND SUBSTANDARD BUILDINGS; 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 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, 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 destruction 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:
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SECTION I.
PURPOSE AND SCOPE
(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, 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.
SECTION II.
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 Uniform Building Code promulgated by the
International Conference of building officials, as adopted by the City of Southlake.
(3) Building Board of Appeals (sometimes referred to as "the Board") is the
Board created by Ordinance No. 622.
SECTION IlL
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
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designee has a reasonable cause to believe that there existg 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 entiy.
(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 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.
SECTION IV.
SUBSTANDARD BUILDINGS DECLARED
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:
(1) Any building that is dilapidated, substandard, or unfit for human habitation
and a hazard to the public health, safety and welfare.
(2) Any building that, 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.
(3) Any building that is boarded up, fenced or otherwise secured in any manner
if:
(a) The building constitutes a danger to the public even though
secured from entry; or
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(b) 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(2) above.
(4) 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.
(5) Whenever the walking surface of any aisle, passageway, stai~vay 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(11) 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.
(12) Whenever, for any reason, the building, or any portion thereof, is manifestly
unsafe for the purpose for which it is being used.
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(13) Whenever the exterior walls or other vertical structural members list, leaff 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.
(14) 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.
(15) 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.
(16) 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.
(17) 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.
(18) 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) Lack of, or improper water closet, lavatory, bathtub or shower in a
dwelling unit or lodging house.
(b) Lack of, or improper water closets, lavatories and bathtubs or
showers per number of guests in a hotel.
(c) Lack of, or improper kitchen sink in a dwelling unit.
(d) Lack of hot and cold running water to plumbing fixtures in a
hotel.
(e) Lack of hot and cold running water to plumbing fixtures in a
dwelling unit or lodging house.
(f) Lack of adequate heating facilities.
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(g) Lack of, or improper operation of, required ventilating
equipment.
(h) Lack of minimum amounts of natural light and ventilation
required by this code.
(i) Room and space dimensions less than required by this code the
building code.
Lack of required electrical lighting.
(k) Dampness of habitable rooms.
(1) Infestation of insects, vermin or rodents.
(m) General dilapidation or improper maintenance.
(n) Lack of connection to required sewage disposal system.
(o)
facilities.
Lack of adequate garbage and rubbish storage and removal
(19) 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.
(20) Whenever any building is in such a condition as to make a public nuisance
known to the common law or in equity jurisprudence.
(21) Whenever any portion of a building remains on a site after the demolition
or destruction of the building.
(22) Whenever any building is abandoned so as to constitute such building or
portion thereof an attractive nuisance or hazard to the public.
(23) Any building constructed and is still existing in violation of any provision of
the Building Code or Uniform Fire Code of the City of Southlake.
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SECTION V.
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.
SECTION VI.
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 tn 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 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 as appears in the records of the office of County Clerk, and to all
mortgagees and lienholders that can be determined from a reasonable search of
instruments on file in the office of the County Clerk. 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.
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(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 IV(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.
SECTION VII.
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:
(i) Secure the building from unauthorized entry; and/or
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(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 demonstrate compliance
with the time schedules.
(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
thc owner may repair, if feasible, or demolish or remove at his option; and
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(d) A statement that th6 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, or if 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.
SECTION VIII.
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)
obtained.
Instructions stating where a complete copy of the order may be
SECTION IX.
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:
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(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.
(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.
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(4) Failure to Obey Order. Any person to whom an 6rder 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 o£ 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.
SECTION X.
PERFORMANCE OF WORK BY THE CITY
(1) Procedure. When any work of repair, removal, demolition or securing is to
he 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 on the date from the work is
performed.
(3) Repair to Minimum Standards Only. The 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.
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SECTION XI.
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 thc 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) The amount of expenses incurred by the city in performing the
work and the balance due.
(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,
existing special assessment liens, and previously recorded bona fide mortgage liens attached
to the same property, 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.
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SECTION XII.
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 thc 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) Before the eleventh (llth) 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 thc county in which the building is
located, if personal service cannot be obtained and the owner's post office
address is unknown; or
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(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) 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) 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) 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)
Section.
It shall be unlawful to fail to comply with an order issued pursuant to this
SECTION XIII.
This ordinance shall be cumulative of all provisions of ordinances of the City of
$0uthlak¢, 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.
f:\files\muniXslake\or dinanc\dangcr03 (08-11-94) ] 5
SECTION XIV.
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.
SECTION XV.
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.
SECTION XVI.
All rights and remedies of the City of Southlake are expressly saved as to any and
all violations of the provisions of Ordinance No. 560 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.
f:\ files\muniXslake\or dinanc\danger03 (08-11-94) 16
SEC'lION XVII.
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.
SECTION XVIII.
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.
SECTION IXX.
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 THIS
l,,y
17
APPROVED AS TO FORM AND LEGALITY:
f:\files\muni~slake\ordinanc\danger03 (08-11-94) 18
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
TLF STATE OF TEXAS
my of Tarrant
Before me , a Notary Public in and for said County and State , this day
personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth
Star-Telegram , published by the Star-Telegram Inc . at Fort Worth, in Tarrant
County, Texas ; and who, after being duly sworn, did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE AD INVOICE NO DESCRIPTION AD SIZE IUrAt `,;\n- AMOUNT
AUG 11 602 ?12i (L . J5n 1X0 7lL 71 . 1-6 32. 66
aual9
P . O . # ORD #615
NOTICE OF PUBLIC
HEARING
ENTEAFTOLL INTERESTED -- --_.
PER SONS that the City Coun-
cil of the City of Southlake,
Texas,will be holding a public
tearing during the Regular
City Council meeting to be
held on September 6 1994,be-
ginning at 7:00 p.m.the meet-
ing will be held In the City
Council Chambers of City
Hall,667 North Carroll Ave •
-
nue, Southiake, Texas. The ^
urpose of the public hearing
Is to consider the following or-
dinance:
AN ORDINANCENANCE NO.
SIGNED
)71 .(445e."(C.N''
APPLtICAREGULATIONS- 19
JBSCRIBED AN GEROUSANDSUBSTAND- -OI�E ME , THIS THE 23R7 Y OF AUGUST,
ARD BUILDNGS;PROVID-
ING FOR THE REPAIR, NOTARY PUBLIC \
DEMOLITION, REMOVAL, -- rn
SECURING AND VACA- ✓ ` 1i -i
TION OF DANGEROUS
BUIDLDINGS; PROVIIDINGD TARRANT COU TEXAS
THAT THIS ORDINANCE -- -- ----------SHALL BE CUMULATIVE
OF ALL ORDINANCES; .a•y`ERABILDITYCLAUSE R A PRO- 9.VIDING FOR A PEtfALTYfri4;i4c=s1(zilk,...7M16.4.1.01.0%.%.161.1..% :
VINSFOR VIOLATIONSHEREOF; PROVIDING ASAVINGS CLAUSE PRO- , � XPIRES
PRO-
VIDING TO HE OFFICIAL '�h;4;••.F + SEPTEMBER 13, 1997
NEWSPAPER AND PRO-
VIDING AN EFFECTIVE
DATE.
(4) Failure to Obey Order.
Any person to whom an order
T pursuant
etted nt to°OfaSection
"ilstl neglects or'ORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-------,
refuses to comply with such -
order shall be guilty of a mis-
demeanor and may be pro-
secuted In municipal court In T X 76102
addition to any other remed- REMIT T O : 400 W. SEVENTH, FW,
les available to the City pro-
vided herein.
SECTION XV. \
['ort
t W t Any person of
or corpora- X.X.X XX X v/X �,vWX �
tlon who violates,firm disobe vs,,�egram
F����1 TC�: �� /l I� I� 1-2051
omits neglects lects or refuses to
complyw thorwhoreslststhe
enforcement of any of the pro
80271 3 finie°f not more than Two
NUMBERACCOUNT C I T 5 7 AMOUNT
32. 66
Thousand Dollars($2,000.00)
for each offense. Each day
that a violation Is permitted to
exist shall constitute a sepa-
rate offense. GE OF
City of Southiake,Texas
/s/Sandra L.LeGrand
City Secretary
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY 32. 66
SOUTHLAKE TX 76092-9595 THIS AMOUNT
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
THE STATE OF TEXAS
�nty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth , in Tarrant
County, Texas; and who, after being duly sworn , did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
_ INCH/LINE
SEP 09 3042652 CL . 358 1X49 L 49 . 46 22. 54
sept 9
P . O . # ORD #615
ORDINANCE NO.ANODAN ESTAB-
LISHING REGULATIONS
APPLICABLE TO DAN-
GEROUS AND SUBSTAND-
ARDBUILDINGS;PROVID
iNG FOR DEMOLITION,THE
SECURING ND VACA-
TION OF DANGEROUS
---'-- — AND SUBSTANDARD
BUILDINGS PROVIDING
THAT THIS SHALL BE CU-
MULATIVE R ALL NG A
__.. _... CU-
MULATIVE V PROVIDING A ........... ................. ........
SEVERABILITY CLAUSE;
PROVIDING
VIIOLATO S SIGNE
p •Lle;j4e-A-Cl.'""
HEREROF�PROVIDING A
�U: ICED ' t : VD/INicsroa PUaLIi : E ME , THIS THE 9TH AY OF SEP TEC 1994
TION IN THE OFFICIAL A is , ' •
NEWSPAPER AND PRO- NOTARY PUBLIC ,/„V/�„/C///�--
VIDING AN EFFECTIVE
DATE.
SECTIONfirm o
Any person,firm corpo-
TARRANT COL Y , TEXAS
ration who violates,dI sobeys,
omits neegglects or refuses to _--_-- ----
compiywIthorwho reslststhe
enforcement of any of the pro-
visions of this ordinance shall -o'av��
be11II
e than Two(52,000.00)I EEach dayermlttedtoute a sepa-. ,/I'�?� t. r SEPTEMBER 13, 1997 j
PASSED AND APPROVED j•.......•F+.
BY THE CITY COUNCIL OF ��.of -
THE CITY OF SOUTH-
LAKE,THIS THE 6TH DAY
/t 1 OF SEPTEMBER, 1994.
`fJL Gar Flckes,Mayor of
I Attest...bloke
NEAP CitysSecreta y L. LeGrand, -ION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
Approved as to form:E.Alien
Taylor Jr.,City Attorney
REMIT TO : 400 W . SEVENTH, FW, TX 76102
Fort, t h r-Tele r F;E N;(�� �.�t:: :. Dt�(X�1�14 DG04 X KdE3X 94��8���069(�6161.2os1
Q a m ACCOUNT AMO
UNT�' NUMBER C I T 5 7 DUE 22 . 54
1 1
PAGE OF
4111 CITY OF SOUTHLAKE
667 N CARROLL AVE 22. 54
SOUTHLAKE TX 76092-9595 PLEASE PAY
THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED