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HomeMy WebLinkAbout1997-2231 - Ordinance - 01/22/1997ORDINANCE NO. 2231 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION BY AMENDING CHAPTER 3, SECTION I(F), RELATING TO BLR[2)ING AND STANDARDS COMMISSION; ADDING A NEW SECTION G ENTITLED DANGEROUS STRUCTURES; AND REDESIGNATING CURRENT SECTIONS O AND H AS SECTIONS H AND I. WHEREAS, the City of College Station finds it necessary to streamline the existing process to dispose of unsafe or dangerous structures; and WHEREAS, Local Government Code Chapter 214 provides for local authority to dispose of unsafe or dangerous structures; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, THAT: Chapter 3, Section I(F), of the Code of Ordinances of the City of College Station, relating to Building and Standards Commission, is hereby amended to read as follows: "F. BUILDING AND STANDARDS COMMISSION 1. Creation of the Building and Standards Commission There shah be appointed by the City Council a building and standards commission to hear and determine cases concerning violations of the building code. Commission Members. The commission shall consist of five (5) members appointed by City Council for two-year terms and four (4) alternate members who shall serve in the absence of one or more of the regular members when requested to do so by the mayor or City Manager. The alternate commission members serve for the same period and are subject to removal in the same manner as the regular members. Chairperson. City Council will appoint one (1) member of the commission to serve as chairperson and one (1) member to serve as vice-chairperson on an annual basis. (c) Removal. The City Council may remove a commission member for cause on a written charge. Before a decision regarding removal is made, the City Council shah hold a public hearing on the matter if requested by the commission member subject to the removal action. Any member shall be automatically removed, without the necessity of charges and a hearing, in the event that said member is absent from twenty-five percent (25%) or more of the regularly scheduled meetings in a twelve (12) month period. 2. Hearings Before the Commission Number. All cases heard by the commission shall be heard by at least four members. j~c/ordinan/dan~r, do~ Ordinance No. 2231 Page 2 (b) Rules. The commission may adopt rules and establish procedures for use in hearings: providing ample o.ppormnity for presentation of evidence and .t,estuno, n.y, by .l~.rsons opposu~ charges brought by the municipality tm'ougn me Budding Official or the Fire Marshal relating to alleged viola- tions. The Commission shall appoint a chairman and an acting chairman to act in the chairman's absence. (c) (e) Meetings. The meetings of the commission shall he held at the call of the Chairman and at other times established by the Commission. The meetin~ shall be open to the public. Minutes. the Commission shah keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. The Commission shah keep records of its examina- tions and other official actions. The minutes and records shall he filed immediately in the office of the Commission as public records. Vote. The concurring vote of four members of the Commission is neces- sary to take any action. 3. Representative The Building Official or the Fire Marshall is hereby designated as the representa- tive of the municipality before the Building and Standards Commission. Function of the Commission Cases Heard. The Commission may hear cases concerning violations of ordinances that regulate: (a) the preservation of public safety, relating to the materials or methods used to construct a building or improvement, including the foundation, structural elements, electrical wh'ing or apparatus, plumbing and fixtures, entrances and exits: (b) relating to the fire safety of a building or improvement, including provisions relating to materials, types of construction or design, warnin8 devices, availability of water supply for extinguishing fires, or location, design or width of entrances or exits; (c) relating to dangerously damaged or deteriorated buildings or improve- ments; (d) relating to conditions caused by accumulations of refuse, vegetation or other matter that creates a breeding ground for insects and rodents." That Chapter 3 of the Code of Ordinances relating to Building Regulations is hereby amended to add a new Section G, relating to Dangerous Structures, to read as follows: J~/c/ordir, a~/da~ger, doc Ordinance No. 2231 Page 3 "G. DANGEROUS STRUCTURES The City may require the vacation, relocation of occupants, securing,, repair, removal, or demolition of a structure that is: dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare; Co) regardless of its structural condition, unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry to the extent that it could he entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; or (c) boarded up, fenced, or otherwise secured in any manner if: the building constitutes a danger to the public even though secured from entry; or the means used to secure the structure are inadequate to prevent unauthorized entry or use of the structure in the manner described in subsection (b) above. 2. Minimum Standards The minimum standards that shall determine the suitability of a structure for continued use or occupancy, regardless of the date of construction, are those found in the City's adopted Standard Building, Electrical, Cras, Mechanical, Plumbing, Structural Standards and Fire Prevention Codes. 3. Public Nuisance All structures determined unsafe within the terms of this ordinance are hereby declared public nuisances and illegal and shall he vacated, secured, repaired, removed, demolished, or the occupants relocated as herein provided. Investigation When the Building Officiai or the Fire Marshall determines, whether on his own initiative or as the result of a complaint, that a structure may he unsafe within the meaning of this ordinance, he shall do the following: (a) Conduct a drive-by inspection; (c) If the structure is occupied, present proper identification to the occupant and request entry to conduct an inspection; If entry is refused or the structure unoccupied, an administrative search warrant must he obtained pursuant to Chapter 3, Section l(6)(b) of the Code of Ordinances; (d) If the drive-by inspection and/or other facts suggest an emergency exists, an administrative search warrant is not required; j~/c/ordi~an/da~ger, doc Ordinance No. 2231 Page 4 (e) Upon completion of the inspection, the Building Official or Fire Marshall shall document any violations of this ordinance; It~ upon the conclusion of his investigation, the Building Official or the Fire Marshall concludes that there is probable cause to believe that the building is unsafe, he shall make a report to the Commission and give notice of a public hearing to the property owner(s), lienholder(s), and mortgagee(s) as herein provided. Notice of Hearings (a) Notices Sent. The Building Official or Fire Marshall, or their designee, shall, at least ten (10) calendar days prior to the hearing date, send to each property owner notice of the hearing in the following manner: (1) by delivery to each party personally or by leaving the notice at the usual place of abode of that party with a person of sixteen (16) years of age or older or by depositing the notice in United States mail addressed to the party at his last known address, certified mail, return receipt requested; (2) by posting the notice on or near the front door of the structure; and (3) by publishing notice in the Bryan/College Station Eagle on two consecutive days. Notice shall also be filed in the Official Public Records of Real Property in the Brazos County Clerk's Office. Violations. It shall be unlawful for any person to remove, deface or cover such notice posted pursuant to section $(a)(2) above until after the date of the hearing. (c) Notice Contents. The notice of the hearing shall: (1) he in writing; (2) state the time and place of the hearing; (3) provide a legal description ofthe affected property; list the name and address of the owner of the affected property if that information can be determined from a reasonable search of the instruments on file in the Brazos County Clerk's Office; (5) list each owner, lienholder and mortgagee shown to have a legal interest in the property; (6) describe each violation of the municipal standards which allegedly exists; J~/c/ordi~a~/da~gar. doc Ordinance No. 2231 Page 5 (7) state the action that will be recommended to the Commission by the Building Official or Fire Marshall which may include vacating, securing, repairing, removing or demolition of the structure or relo- cating occupants of the building; (8) provide a description of the hearing; (9) state that the owner, lienholder or mortgagee will be required to submit at the hearing proof of the scope orany work that may be required to comply with the ordinance and the time it will take to reasonably perform the work; and (10) state that the City may perform any required work to abate the violation if the owner fails to do so. (d) Notice shall be provided to each mortgagee and lienholder in the same manner provided for in subsection (a) above. Hearin~ Before the Commission The Building Official or Fire Marshall shall request a public hearing before the Commission for the purpose of determining whether a structure is unsafe within the terms of this ordinance. The Building Official or Fire Marshall shall present all cases before the Commission. In a public hearing to determine whether a structure complies with the standards set out in the City's Code of Ordinances, the owner, mortgagee, or lienholder has the burden of proof to demonstrate the scope of any work that may be required to comply with the Code of Ordinances and the time it will take to reasonably perform such work. (c) Action The Commission shah provide each party an opportunity to present evidence and cross examine witnesses at the heating. of the Commission Decision. Upon conclusion of the hearing, the Commission may declare a structure unsafe. Commission Order. If the Commission determines the structure is unsafe, it shall proceed to determine whether the structure should be vacated, repaired, secured, demolished and/or the occupants relocated under the standards contained herein and in accordance with the following: (l) If the structure can be feanibly repaired or the dangerous condition remedied so that violations no longer exist, it shall be ordered repaired or remedied. Repairs shall be deemed feasible if the cost of repair, reconstruction or improvement of a structure, equals less than fiRy percent (50%) of the market value of the structure. Ordinance No. 2231 Page 6 (2) In any case where fifty percent (50%) or more of the value of a structure is damaged or deteriorated, it shall be ordered demolished or removed, and in all cases where a structure cannot be repaired so that it will no longer be considered dangerous under the provision of this ordinance, it shall be demolished or removed. Order. Upon determining that the structure should be either vacated, repaired, secured, demolished and/or the occupants relocated, the Commission shall issue an order stating that the required action be taken by the owner within a specified reasonable time as provided in subsection 8 below. (d) Notification to Owner. The Building Official or Fire Marshall shall, no later than the next working day after the Commission ismes an order, mail by certified mail, return receipt requested, a copy of the order to the owner of the structure and to any mortgagee or lienholder. (e) Public Notice. Within ten (10) calendar days aRer the date the order is issued, the Building Official or Fire Marshall shall: 0) (2) file a copy of the order in the office of the City Secretary; and publish in the Bryan/College Station Eagle a notice containing the street address or legal description of the property, the date of the heating a brief statement indicating the results of the order, and instructions stating where a complete copy of the order may be obtained. Compliance (a) Each order issued by the Commission shall require the owner to, within thirty (30) calendar days: (c) (1) secure the structure from unauthorized entry; or (2) repair, remove, or demolish the structure, unless the owner, mort- gagee or lienholder establishes at the hearing that the work cannot reasonably be performed within thirty (30) days. In the event that the owner fails to comply with the order, the Commis- sion's order may allow an additional thirty (30) calendar days to any lien- holder or mortgagee to comply with subsection (a) above. If the Commission allows the owner, mortgagee, or lienholder more than thirty (30) calendar days to repair, remove, or demolish the building, the municipality 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 unauthor= izod entry while the work is being performed, as determined by the Build- ing Official or Fire Marshall. jt/c/ordtnqn/dang~r, do~ Ordinance No. 2231 Page 7 (d) The Commission may not allow the owner, lienholder, or mort~tgee more than ninety (90) calendar days to repair, remove, or demolish the structure or fully perform all work to comply with the order unless the owner, lien- holder or mortgagee: (1) submits a detailed plan and time schedule for the work at the hear- ins; and establishes at the hearing that the work cannot reasonably be completed within ninety (90) calendar days because of the scope and complexity of the work. If the Commission allows the owner, lienholder, or mortgagee more than ninety (90) calendar days to complete any pan of the work required to repair, remove, or demolish the building, the Commission shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the Building Official or Fire Marshall to demonstrate that the owner, lien- holder, 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 Building Official or Fire Marshall to demonstrate compliance with the time schedules. If the Building Official or Fire Marshall finds that the owner has failed to comply with the Commission's order he shall notify the lienholder and mortgagee in writing by certified mail, return receipt requested, with a copy of the order. If the Building Official or Fire Marsiutll, finds that neither the owner nor the lienhoider(s) and mort~!tgee(0 have complied, he shall notify the Commission. Abatement by City (a) If the unsafe structure is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the time allowed by order, the Commission may, upon the recommendation of the Building Official or Fire Marshall, order the City to vacate, secure, repair, remove, or demolish the structure or relocate the occupants at the City's expense. The Commission may order a structure repaired under subsection (a) above only to the extent necessary to bring the structure into compliance with the minimum standards and orgy if the structure is a residential building with ten (10) or fewer dwelling units. (c) The owner of the unsafe structure shall be charged the City's expense to vacate, secure, repair, remove, or demolish the structure or to relocate the occupants. Such charges shall include, but are not limited to: the expense of inspection or testing by third parties; photography; publication; title search; attorney's fees; labor and equipment costs for preparation of the premises, work to secure, repair or demolish; clean up and remove debris; and landfill fees. j~/~/ordman/dan~r, do~ Ordinance No. 2231 Page 10. 11. (e) (0 The Building Official or Fire Marshall shall certify the expenses incurred to enforce the Commission's order. The certified expenses shall be forwarded to the City's Accounting Department. The City may assess expenses on, and the City shall have a lien against,, the property on which the structure was located, unless the property is a homestead as protected by the Texas Constitution. Notice of the lien shall be provided to the property owner. Notice of the lien shall be recorded and indexed in the Brazos County Clerk's Office. The notice must contain: the name and address of the owner if that infor- marion can be determined with a reasonable effort; a legal description of the real property on which the structure was located; the amount of the expenses incurred by the City; the interest rate to be charged; and the balance due. The City's lien is a privileged lien subordinate only to tax li~s..S, uch lien shall bear an interest rate often percent (10%) per annum until pma. CO) The lien for repair expenses may not be foreclosed if the property on which the repairs were made is occupied as a residential homestead by a person sixty-five (65) years of age or older. Civil Penalties (a) In addition to the authority to order an unsafe structure vacated, secured, repaired, removed, or demolished and occupants relocated, the Conunis- sion may assess at the public hearing, and the City may recover a civil penalty against the property owner, in an amount not to exceed one thou- sand dollars ($1,000.00) a day for each violation; or, if the owner shows that the property is the owner's lawful homestead, in an amount not to exceed ten dollars ($10.00) a day for each violation, if the Building Official or Fire Marshall proves to the Commission that: (1) the property owner was notified of the requirements of the ordi- nance and the owner's need to comply with the requirements; and (2) after notification, the property owner committed an act in violation of the ordinance or failed to take an action necessary for compli= ance with the ordinance. Co) If the Commission assesses a civil penalty, such penalty shaH be included in the Commission's order stating the amount and duration of the penalty. The City Secretary shall file a certified copy of the order with the Brazos County District Clerk's Office. Emergency Actions In cases where a structure is determined unsafe under the terms of this ordinance by the Building Official or Fire Marshall, and such structure or the manner of its j~/c/ordi~am'dn~ger, doc Ordinance No. 2231 P~e 9 use constitutes an "imminent danger" to health, life or property, the condition shall justify the use of emergency measures. "Imminent danger" exists where there is considerable risk of dan~er or peril and where accidents or injuries are likely to occur. Under those conditions, the City manager may order the owner of the structure, the owner's agent, or the owner or occupant of the property to vacate, repair, remove or demolish the structure to the extent necessary to alleviate the imminent danger. If the owner, agent or occupant fails to comply with the order within seventy-two (72) hours, the City may vacate, repair, remove or demolish the structure and assess the expenses of such action against the property. Notice of the assessment and recovery of the expenses shall he in the manner provided for in section 9 of this ordinance. 12. Appellate Review Any owner, lienholder, or mortgagee of record shall have the right to appeal the decision of the Commission to district court. The petition must be filed with the District Court Clerk within thirty (30) calendar days from the date the Commis- sion's order is mailed to the owner, lienholder, or mortlptgee. Appeal in the district court shah be limited to a hearing under the substantial evidence rule. The Commission's decision shall become final if no appeal is taken within the thirty (30) calendar day time period. 13. Liability of City for Action Under This Ordinance Neither the City nor any authorized agent acting under the tertm of this ordinance shall he liable or have any liability by reason of orders issued or work done in compliance with the terms of this section." III. That Chapter 3 of the Code of Ordinances relating to Building Regulations is hereby emended by redesislmting Subsections (3 and H to Subsections H and I, accordingly. This ordinance shall become effective and be in full force and effect from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED this 22nd day of January, 1997. APPROVED: ATTEST cILHANEY, Mal//or j~/a/ordina~'dangar, doa