HomeMy WebLinkAbout1978-1128 - Ordinance - 09/14/1978ORDINANCE NO. 1128
STRUCTURAL STANDARDS CODE
AN ORDINANCE ESTABLISHING MINIMUM STANDARDS GOVERNING THE USE, OCCUPANCY AND
¢- MAINTENANCE OF BUILDINGS, DWELLINGS, DWELLING UNITS AND STRUCTURES; ESTABLISHING
MINIMUM STANDARDS GOVERNING SUPPLIED UTILITIES AND FACILITIES, AND OTHER PHYSICAL
THINGS AND CONDITIONS ESSENTIAL TO MAKE BUILDINGS SAFE, SANITARY AND FIT FOR HUMAN
HABITATION; ESTABLISHING MINIMUM STANDARDS GOVERNING THE CONDITION AND MAINTENANCE
OF BUIDINGS, DWELLINGS AND STRUCTURES; CREATING A STRUCTURAL STANDARDS BOARD AND
FIXING THE DUTIES AND RESPONSIBILITIES THEREOF; FIXING CERTAIN RESPONSIBILITIES
AND DUTIES OF OWNERS AND OCCUPANTS OF BUILDINGS; AUTHORIZING THE INSPECTION OF
BUILDINGS, DWELLINGS AND STRUCTURES AND PROVIDING FOR THE CONDEMNATION AND REMOVAL
OF ALL BUILDINGS AND STRUCTURES DEEMED UNFIT FOR HUMAN HABITATION OR USE; AND
FIXING PENALTIES FOR VIOLATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
WHEREAS, within the area of jurisdiction of the City of College Station, Brazos
County, Texas, there are or may be buildings, dwellings, dwelling units and
structures which are unfit for human habitation or use due to inadequate maintenance,
obsolescence or abandonment; containing defects which increase the hazards of fire,
accident, or other calamities, and which by reason of the lack of maintenance,
inadequate ventilation, light and sanitary facilities or other conditions render
such buildings, dwellings or structures unsafe, unsanitary and dangerous or
detrimental to the health, safety, morals and general welfare of the community;
and
WHEREAS, experience and accepted national housing surveys have clearly demonstrated
that such conditions result in a large measure from improper maintenance, unavailable
or insufficient financing, inadequate sanitary facilities, overcrowded conditions
conditions in residential occupancies, buildings and premises and from general
neighborhood neglect; and
WHEREAS, it has become common knowledge that these conditions can be relieved, in
a measure prevented, and often eliminated through planned and properly enforced
minimum structural standards, resulting thereby in the upgrading of living
conditions, improving the quality of life, and an overall enhancement of the
general health, safety and welfare of all residents and property owners of the
community;
NOW, THEREFORE, BE IT ENACTED, THAT:
The provisions herein shall be controlling in the use, maintenance and occupancy
of all dwellings (permanent, movable, and mobile), dwelling uints and/or structures
within the area of jurisdiction of the City of College Station, Texas.
100.1 TITLE AND SCOPE:
The provisions embraced in the following sections shall constitute and be known
as THE STRUCTURAL STANDARDS CODE of the City of College Station, Brazos County,
Texas.
The code establishes minimum standards for occupancy, and does not replace or
modify standards otherwise established for construction, replacement or repair
of buildings except as are contrary to the provisions of this code.
Every building, structure or dwelling, permanent, movable or mobile shall conform
to the requirements of this code regardless of the primary use of such building,
structure or dwelling, and regardless of when such building, structure or dwelling
may have been constructed, altered or repaired. ®Z375
ORDINANCE NO. 1128
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This Code is hereby declared to be remedial, and shall be construed to secure the
beneficial interests and purposes thereof (which are public safety, health, and
general welfare) through structural strength, stability, sanitation, adequate
light and ventilation, and safety to life and property from fire and other hazards
incident to the construction, alteration, repair, removal, demolition, use and
occupancy of buildings, dwellings and structures (permanent, movable and mobile).
The Code does not alter the provisions for the immediate security or demolition
of hazardous structures in cases where there exists imminent danger to human life
or health.
100.2 EXISTING BUILDINGS:
The provisions of this Code shall apply to any building, dwelling or structure
regardless of when said building, dwelling or structure was constructed, altered
or repaired.
100.3 MAINTENANCE:
All buildings or structures, both existing and new, and all parts thereof, shall
be maintained in a safe and sanitary condition. All devices or safeguards which
are required by this Code in a building when erected, altered, or repaired,
shall be maintained in good working order. The owner, or his designated agent,
shall be responsible for the maintenance of buildings, structures and premises
to the extent set out in this Code. The tenant shall be responsible for the
maintenance of buildings, structures and premises to the extent set out in this
Code.
100.4 MOVING DWELLINGS AND STRUCTURES:
The owner of any dwelling or structure, or his designated agent, shall secure a
permit from the Building Official at the City Hall of the City of College Station,
Texas, before moving a dwelling or structure into, within, or out of the City
Limits and be responsible to the extent of this Code.
100.5 PENDING ACTIONS:
Nothing in this ordinance or in the Code hereby adopted shall be construed to
affect any suit or proceeding now pending in any court, or any rights acquired
or liability incurred, nor any cause or causes of action accrued or existing,
under any act or ordinance repealed hereby. Nor shall any right or remedy of
any character be lost, impaired or affected by this ordinance.
MINIMUM STANDARDS FOR
BASE EQUIPMENT AND FACILITIES
SECTION 101 - GENERAL
No person shall occupy as owner -occupant or let or sublet to another for occupancy
any dwelling or dwelling unit designed or intended to be used for the purpose of
living, sleeping, cooking or eating therein, nor shall any vacant dwelling
building be permitted to exist which does not comply with the following require-
ments:
101.1 SANITARY FACILITIES REQUIRED:
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Every dwelling unit shall contain not less than a kitchen sink, lavatory, tub or
shower, and a water closet all in good working condition and properly connected
to an approved water and sewer system. Every plumbing fixture and wate02,6t*
ORDINANCE NO. 1128
Page 3
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waste pipe shall be properly installed and maintained in good sanitary working
condition, free from defects, leaks and obstructions.
101.2 LOCATION OF SANITARY FACILITIES:
All required plumbing fixtures shall be located within the dwelling unit and be
accessible to the occupants of same. The water closet, and tub or shower, shall
be located in a room affording privacy to the user and such room shall have a
minimum floor space of thirty (30) square feet.
101.3 HOT AND COLD WATER SUPPLY:
Every dwelling unit shall have connected to the kitchen sink, lavatory and tub
or shower an adequate supply of both cold water and hot water. All water shall
be supplied through an approved pipe distribution system connected to a potable
water supply.
101.4 WATER HEATING FACILITIES:
Every dwelling shall have water heating facilities which are properly installed
and maintained in a safe and good working condition and are capable of heating
water to such a temperature as to permit an adequate amount of water to be
drawn at every required kitchen sink, lavatory basin, bathtub or shower at a
temperature of not less than 120°F. Such water heating facilities shall be
capable of meeting the requirements of this sub -section when the dwelling or
dwelling unit heating facilities required under the provisions of this ordinance
are not in operation.
101.5 HEATING FACILITIES:
(a) Every dwelling unit shall have heating facilities which are properly
installed, are maintained in safe and good working conditions, and are capable
of safely and adequately heating all habitable rooms and bathrooms in every
dwelling unit located therein to a temperature of at least 70°F at a distance
three (3) feet above floor level, under ordinary minimum winter conditions.
(b) Where a gas or electric central heating system is not provided, each
dwelling unit shall be provided with sufficient fireplaces, chimneys, flues, or
gas vents whereby heating appliances may be connected so as to furnish a minimum
temperature of 70°F measured at a point three (3) feet above the floor during
ordinary minimum winter conditions.
101.6 COOKING AND HEATING EQUIPMENT:
All cooking and heating equipment and
with the building, gas or electrical
good working condition.
101.7 GARBAGE DISPOSAL FACILITIES:
facilities shall be installed in accordance
code and shall be maintained in a safe and
Every dwelling unit shall have access to adequate garbage disposal facilities or
garbage storage containers, type and location of which facilities or containers
comply with the regulations for solid waste disposal.
SECTION 102 - MINIMUM REQUIREMENTS FOR
LIGHT AND VENTILATION
No person shall occupy as owner -occupant or sublet to another for occupancy, any
dwelling or dwelling unit designed or intended to be used for the purpose of living,
ORDINANCE NO. 1128
Page 4
sleeping, cooking or eating therein, nor shall any vacant dwelling building be
permitted to exist which does not comply with the following requirements;
102.1
(a) Every habitable room shall have at least one window or skylight facing
directly to the outdoors. The minimum total window area, measured between stops,
for every habitable room shall be seven (7) percent of the floor area of any such
room, except sleeping rooms where the minimum total window area shall be the lesser
of seven (7) percent of the floor area or twelve (12) square feet. If light
obstructing structures are located less than five (5) feet from the window and
extend to a level above that of the ceiling of the room, such a window shall not
be deemed to face directly to the outdoors and shall not be included as contribu-
ting to the required minimum total window area. Whenever the only window in a
room is a skylight type window in the top of such room, the total window area
of such skylight shall equal at least fifteen (15) percent of the total floor area
of such room.
(b) Year around mechanically ventilating conditioned air systems may be
substituted for windows, as required herein, in rooms other than rooms used for
sleeping purposes.
102.2 HABITABLE ROOMS:
Every habitable room shall have at least one window or skylight which can easily
be opened, or such other device as will adequately ventilate the room. The total
of openable window area in every habitable room shall equal to at least forty-five
(45) percent of the minimum window area size or minimum skylight -type window size,
as required, or shall have other approved, equivalent ventilation.
102.3 BATHROOM:
Every bathroom shall comply with the light and ventilation requirements for
habitable rooms except that no window or skylight shall be required in adequately
ventilated bathrooms equipped with an approved ventilation system.
102.4 ELECTRIC LIGHTS AND OUTLETS REQUIRED:
Every dwelling shall be wired for electric lights and convenience receptacles.
Every habitable room of such dwelling shall contain at least two (2) separate
floor or wall -type electric convenience outlets; and every kitchen, bathroom,
laundry room, furnace room, corridors or hallways, and proches shall contain
at least one supplied ceiling or wall -type electric light fixture. Every such
outlet and fixture shall be properly installed, shall be maintained in good and
safe working conditions, and shall be connected to the source of electric power
in a safe manner.
102.5 LIGHT IN PUBLIC HALLS AND STAIRWAYS:
Every public hall and stairway in every multiple dwelling containing five (5) or
more dwelling units shall be adequately lighted at all times. Every public hall
and stairway in structures devoted solely to dwelling occupancy and containing
not more than four dwelling units may be supplied with conveniently located
light switches, controlling an adequate lighting system which may be turned on
when needed, instead of full-time lighting. All public outdoor walkways or
sidewalks within multiple dwelling complexes shall be adequately lighted at all
times. Adequate lighting shall be defined as an average horizontal foot candle
level of 0.2 lumens per square foot with no value of less than 0.02 lumens per
square foot. 9393
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ORDINANCE NO. 1128
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SECTION 103 - MINIMUM REQUIREMENTS
FOR ELECTRICAL SYSTEMS
No person shall occupy as owner -occupant or let or sublet to another for
�r occupancy any building, dwelling or structure, nor shall any vacant building,
dwelling or structure be permitted to exist which does not comply with the
following requirements:
103.1 GENERAL:
All fixtures, receptacles, equipment and wiring shall be maintained in a state
of good repair, safe, capable of being used and installed and connected to the
source of electric power in accordance with the adopted Electrical Code of the
City of College Station, Texas.
(a) Where the determination is made, upon examination of the existing
electrical service supply, that such electrical service supply is obsolete or
is being used in such manner as would constitute a hazard to the occupants or
would otherwise constitute a hazard to life and property, the following shall
be used for determining the adequacy of such service supply and main disconnect
switch:
Total Number of Lighting Capacity of Main Service Supply
Electrical Outlets Only and Main Disconnect Switch
0-24 60 amp service
25-50 100 amp service
(b) The minimum capacity of the service supply and the main disconnect switch
shall be sufficient to adequately carry the total load required in accordance with
the electrical code of the City of College Station, Texas.
SECTION 104 - GENERAL REQUIREMENTS FOR THE
EXTERIOR AND INTERIOR OF STRUCTURES
No person shall occupy as owner -occupant or let or sublet to another for occupancy
any building, dwelling or structure, nor shall any vacant building, dwelling or
structure be permitted to exist which does not comply with the following require-
ments:
104.1 FOUNDATION:
The building foundation walls, piers, or other structural elements shall be
maintained in a safe manner and capable of supporting the load which normal use
may cause to be placed thereon.
104.2 EXTERIOR WALLS:
The exterior walls shall be substantially weathertight, watertight and shall be
made impervious to the adverse effects of weather and be maintained in sound
condition and good repair.
104.3 ROOFS:
Roofs shall be maintained in a safe manner and have no defects which might admit
rain or cuase dampness in the walls or interior portion of the building.
104.4 MEANS OF EGRESS: pppp
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Every dwelling unit shall have safe, unobstructed means of egress with minimum
ceiling height of seven feet (7') leading to a safe and open space at ground level.
104.5 STAIRS, PORCHES AND APPURTENANCE:
Every inside and outside stair, porch and any appurtenance thereto shall be safe
to use and capable of supporting the load that normal use may cause to be placed
thereon; and shall be kept in sound condition and good repair.
104.6 PROTECTIVE RAILINGS:
Protective railings shall be required on any unenclosed structure over five (5)
feet from the ground level or on any steps containing four (4) risers or more.
104.7 WINDOWS AND DOORS:
Every window, exterior door and basement or cellar door and hatchway shall be
substantially weathertight, watertight and rodent proof; and shall be kept in
sound working condition and good repair.
104.8 WINDOWS TO BE GLAZED:
Window panes or an approved substitute shall be maintained without cracks or holes.
104.9 WINDOW SASH:
Window sash shall be properly fitted and weathertight within the window frame.
104.10 WINDOWS TO BE OPENABLE:
Every window required for light and ventilation for habitable rooms in dwellings
or dwelling units shall be capable fo being easily opened and secured in position
by window hardware.
104.11 HARDWARE:
Every exterior door shall be provided with proper hardware and maintained in good
condition.
104.12 DOOR FRAMES:
Every exterior door of a dwelling or dwelling unit shall fit reasonably well
within its frame so as to substantially exclude rain and wind from entering the
dwelling building.
104.13 SCREENS:
Every door opening directly from a dwelling unit to outdoor space shall have
screens and a self -closing device; and every window or other device with opening
from a dwelling unit to outdoor space, used or intended to be used for ventila-
tion, shall likewise have screens.
Dwelling buildings containing central heating furnaces and air-conditioning
equipment for mechanically ventilating the building year around are not required
to have screens on door openings.
104.14 PROTECTIVE TREATMENT:
All exterior wood surface, other than decay resistant woods, shall be protecte� Qn
ORDINANCE NO. 1128 Page 7
from the elements and decay by painting or other protective covering or treatment.
104.15 ACCESSORY STRUCTURES:
Garages, storage buildings and other accessory structures shall be maintained and
kept in good repair and sound structural condition.
104.16 INTERIOR FLOOR, WALL, AND CEILINGS:
Every floor, interior wall and ceiling shall be substantially rodent proof; shall
be kept in sound condition and good repair; and shall be safe to use and capable
of supporting the load which normal use may cause to be placed thereon.
104.17 STRUCTURAL SUPPORTS:
Every structural element of the building, dwelling or structure shall be maintained
structurally sound and show no evidence of deterioration which would render them
incapable of carrying the loads which normal use may cause to be placed thereon.
104.18 PROTECTIVE RAILINGS FOR INTERIOR STAIRS:
Interior stairs and stairwells more than four (4) risers shall have handrails
located in accordance with the requirements of the building code. Handrails or
protective railings shall be capable of bearing normally imposed loads and be
maintained in good condition.
104.19 NOTIFICATION OF FLOOD HAZARDS:
If a dwelling unit is damaged by flooding, it shall be the responsibility of
the owner or his agent to provide prospective tenants or purchasers with a written
record describing all flood damage within the past ten (10) years.
SECTION 105 - MINIMUM DWELLING SPACE
REQUIREMENTS
No person shall occupy as owner -occupant or let or sublet to another for occupancy
any dwelling or dwelling unit designed or intended to be used for the purpose of
living, sleeping, cooking or eating therein, nor shall any vacant dwelling building
be permitted to exist which does not comply with the following requirements:
105.1 REQUIRED SPACE IN DWELLING UNIT:
Every dwelling unit shall contain at least 150 square feet of floor space for
the first occupant thereof and at least 100 additional square feet of floor space
per additional occupant.
105.2 REQUIRED SPACE IN SLEEPING ROOMS:
In every dwelling unit of two or more rooms, every room occupied for sleeping
purposes by one occupant shall contain at least 70 square feet of floor space,
and every room occupied for sleeping purposes for more than one occupant shall
contain at least 50 square feet of floor space for each occupant thereof.
105.3 MINIMUM CEILING HEIGHT:
At least one-half of the floor area of every habitable room, foyer, hall•or
corridor shall have a ceiling height of at least seven feet (7'); and the floor
area of that part of any room where the ceiling height is less than seven feet
(7') shall not be considered as part of the floor area in computing the total
floor area of the room for the purpose of determining the maximum permissible ,)299:
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ORDINANCE NO. 1128 Page 8
occupancy thereof.
105.4 OCCUPANCY OF DWELLING UNIT BELOW GRADE:
No basement or cellar space shall be used as a habitable room or dwelling unit
unless;
(a) The floor and walls are impervious to leakage of underground and
surface runoff water and are insulated against dampness;
(b) The total of window area in each room is equal to at least the
minimum window area size as required in Section 102.1 of this Code;
(c) Such required minimum window area is located entirely above the
grade of the ground adjoining such window area; and
(d) The total of openable window area in each room is equal to at least
the minimum as required under Section 102.2 of this Code, except where there
is supplied some other device affording adequate ventilation.
SECTION 106 - SANITATION REOUIREMENTS
No person shall occupy as owner -occupant or let or sublet to another for
occupancy any dwelling or dwelling unit designed or intended to be used for the
purpose of living, sleeping, cooking or eating therein, nor shall any vacant
dwelling building be permitted to exist which does not comply with the following
requirements:
106.1 SANITATION:
Every owner of a dwelling containing three or more dwelling units shall be
responsible for maintaining in a clean and sanitary condition the shared or
public areas of the dwelling and premises thereof.
106.2 CLEANLINESS:
Every occupant of a dwelling unit shall keep in a clean and sanitary condition
that part of the dwelling, dwelling unit and premises thereof which he occupies
and controls or which is provided for his particular use.
106.3 GARBAGE DISPOSAL:
Every occupant of a dwelling or dwelling unit shall dispose of all his garbage
and any other organic waste which might provide food for rodents and all
rubbish in a clean and sanitary manner by complying with the applicable city
ordinance.
106.4 CARE OF PREMISES:
(a) It shall be unlawful for the owner or occupant of a residential
building, structure or property to utilize the premises of such residential
property for the open storage of any abandoned motor vehicle, ice box,
refrigerator, stove, glass, building material, building rubbish or similar
items. It shall be the duty and responsibility of every such owner or occupant
to keep the premises of such residential property clean and to remove from the
premises all such abandoned items as listed above, including but not limited to
weeds, dead trees, trash, garbage, etc., upon notice from the Building Official.
Owners and occupants shall maintain lawn areas in a manner consistent with
adjacent properties.
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ORDINANCE NO. 1128
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(b) For the purpose of
defined as one that is in a
under its own power.
106.5 EXTERMINATION:
this section, an abandoned motor vehicle is
state of disrepair and incapable of being moved
Every occupant of a single dwelling building and every owner of a building
containing two or more dwelling units shall be responsible for the extermination
of any insects, rodents, or other pests within the building or premises.
106.6 USE AND OPERATION OF SUPPLIED PLUMBING FIXTURES:
Every occupant of a dwelling unit shall keep all plumbing fixtures therein in
a clean and sanitary condition and shall be responsible for the exercise of
reasonable care in the proper use and operation thereof.
SECTION 107 - ROOMING HOUSES
No person shall operate a rooming house, or shall occupy or let to another for
occupancy any rooming unit in any rooming house, except in compliance with the
provisions of every section of this Code except the provisions of Section 101
and Section 106.
107.1 WATER CLOSET. LAVATORY AND BATH FACILITIES:
(a) At least one flush water closet, lavatory basin, and bathtub or shower,
properly connected to a water and sewer system and in good working condition,
shall be supplied for each four (4) rooms within a rooming house whereever said
facilities are shared.
(b) All such facilities shall be located on the floor they serve within
the dwelling so as to be reasonably accessible from a common hall or passageway
to all persons sharing such facilities.
107.2 WATER HEATER REQUIRED:
Every lavatory basin and bathtub or shower shall be supplied with hot water at
all times.
107.3 MINIMUM FLOOR AREA FOR SLEEPING PURPOSES:
Every room occupied for sleeping purposes by one person shall contain at least
seventy (70) square feet of floor space and every room occupied for sleeping
purposes by more than one person shall contain at least fifty (50) square feet
of floor space for each occupant thereof.
107.4 EXIT REQUIREMENT:
Every rooming unit shall have safe, unobstructed means of egress leading to safe
and open space at ground level, as required by the laws of the governed area or
of the state.
107.5 SANITARY CONDITIONS:
The operator of every rooming house shall be responsible for the sanitary
maintenance of all walls, floors, and ceilings, and for maintenance of a sanitary
condition in every other part of the rooming house; and he shall be further
responsible for the sanitary maintenance of the entire premises owned, leased
or occupied by the operator. p2993
ORDINANCE NO. 1128 Page 10
SECTION 108 - UNSAFE STRUCTURES
All structures, dwellings, apartment houses, rooming houses, buildings or out-
buildings which are unsafe, unsanitary, unfit for human habitation; or which
constitutes a fire hazard, or otherwise dangerous to human life, or which in
relation to existing use constitute a hazard to safety or health by reason of
inadequate maintenance, dilapidation, obsolescense, abandonment, or lack of
adequate egress, are generally in contemplation of this section, unsafe buildings.
All such unsafe buildings are hereby declared illegal and a public nuisance and
shall be abated by repair and rehabilitation or by demolition in accordance
with the provisions of this ordinance and the laws of the State of Texas.
SECTION 200 - ORGANIZATION
201.1 ENFORCEMENT OFFICER:
There is hereby established by the City Council of the City of College Station,
Texas, provisions for the enforcement of the Code by the Building Official.
201.2 RESTRICTIONS ON EMPLOYEES:
No officer or employee connected with the department, except one whose only
connection is a member of the Structural Standards Board, shall be financially
interested in the furnishing of labor, material, or appliances for the construction,
alteration, or maintenance of a building within the City, or in the making of
plans or of specifications therefor, unless he is the owner of such building.
No such officer or employee shall engage in any work which is inconsistent with
his duties or with the interests of the department.
201.3 RECORDS:
The Building Official shall keep, or cause to be kept, a record of the business
of the department. The records of the department shall be open to public
inspection.
201.4 RIGHT OF ENTRY:
The Building Official shall enforce the provisions of this Code, and he, or his
duly authorized representative upon presentation of proper identification to the
owner, agent or tennant in charge of such property, may enter any building,
structure, dwelling, apartment, apartment house or premises between 8:00 a.m.
and 5:00 p.m. or other times specified by the owner between 7:00 a.m. and 10:00
p.m.; in the event that the property is or reasonably appears to be unoccupied
the Building Official or his authorized representative may enter any such
structure at any reasonable time.
201.5 DUTIES:
The duties of the Building Official shall be:
(1) To inspect structures, buildings and dwellings which he may have
reason to believe are unsafe buildings within the meaning of the Code.
(2) To forward to the Structural Standards Board the results of his
investigations, notifying the owners, tennants and such other persons as the
Board may direct of the time and place of the hearing.
(3) To make such investigations as the Board may direct pursuant to
this Code.
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ORDINANCE NO. 1128
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(4) To issue such notices and orders as may be necessary to accomplish
the directives of the Board in abatement of nuisances.
(5) To submit to the City Council ordinances levying assessments in cases
where abatement by City forces is required.
201.6 REPORTS:
The Building Official shall annually submit a report to the City Manager covering
the work of the department during the preceding year. He shall incorporate in
said report a summary of the decisions of the Structural Standards Board during
said year.
202.1 STRUCTURAL STANDARDS BOARD:
There is hereby created by the City Council of the City of College Station, a
board to be known as the Structural Standards Board, which shall consist of not
less than three members appointed by the City Council. The members shall be
residents of the City. Members of the Board shall be appointed for three year
terms, except that on initial appointment, one shall be appointed for one year,
one for two years, and one for three years. Any one or more members of said
Board shall be subject to removal or replacement by the City Council for cause,
and a vacancy on said Board shall be filled by the City Council for the unexpired
term of such vacancy. The members of the Board shall serve without compensation.
202.2 RULES OF PROCEDURE:
As soon as practical after their appointment, the members of the Structural
Standards Board shall meet and organize, electing a chairman and adopting such
rules of procedure as they deem necessary. Thereafter, officers of the Board
shall be elected at the first meeting after appointment of a new member or
members, and rules of procedure may be amended by the Board at any time.
202.3 MEETINGS:
The Board shall hold regular meetings each month at the call of the chairman.
Special meetings may be called by the chairman at any time, and the chairman may
cancel a regular meeting for which no business is presented. The chairman may
decline to admit to the agenda any case involving premises or parties previously
considered by the Board when no substantial change of condition is shown.
202.4 RECORDS:
The Board shall keep, or cause to be kept, minutes of their proceedings and
such records shall be open to public inspection. Decisions and directives of
the Board shall be noted in the minutes and shall indicate the vote on the
decision or directive.
202.5 DUTIES:
The duties of the Structural Standards Board shall be:
(a) To consider and determine whether or not a particular building,
dwelling or structure is an unsafe building within the meaning of this ordinance
and a public nuisance.
(b) To determine the means by which any unsafe building and public
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ORDINANCE NO. 1128 Page 12
nuisance shall be abated, whether by vacating, repair or demolition and to determine
the time by which such actions shall be accomplished.
(c) To hear and consider appeals for modification or reversal of orders,
notices and actions of the Building Official in execution of his duties pursuant
to this ordinance and directives of the Board, and to this end the Board shall
have the powers of the Building Official.
SECTION 300 - PROCEDURE
300.1 COMPLAINTS:
When the Building Official shall find or if any person files with him a complaint
in writing alleging that a building, dwelling or structure is an unsafe building
within the meaning of this Code, he shall investigate and document the conditions
on the site.
300.2 INVESTIGATION:
If the said investigation shows that there is reasonable cause to believe that
the building is unsafe, the Building Official shall forward the results of the
investigation to the Structural Standards Board and give notice of the hearing
to the owners and occupants of the premises and to such other persons as the
Board may direct. If the investigation reveals that there is no cause for action,
the Building Official shall so inform the plaintiff by regular mail, and such
decision may be appealed to the Board by the plaintiff.
300.3 FORM OF NOTICE OF HEARING:
The notice of hearing shall:
(a) Be in writing.
(b) State the time and place of the hearing.
(c) Include a description of the real estate sufficient for identification.
(d) Summarize the questions to be determined by the Board.
300.4 SERVICE OF NOTICE:
Service of notice of the hearing shall be accomplished by a minimum of two of
the following:
(a) By delivery to the owner and to the occupant personally, or by leaving
the notice at the usual place of abode of the owner with a person of suitable age
and discretion; or
(b) By depositing the notice in the United States Post Office addressed
to the owner and to the occupant at his last known address with postage prepaid
thereon; or
(c) By posting and keeping posted for thirty (30) days a copy of the notice
in placard form in a conspicuous place on the premises to be vacated.
(d) By publishing the notice in a newspaper of general circulation in
Brazos County, Texas. This subsection may be used whenever the name of the owner
of the property is unknown to the Building Official or such owner is a transient
person, and after due diligence the Building Official is unable to determine the
name of the owner or his whereabouts.
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ORDINANCE NO. 1128
Page 13
300.5 HEARING:
The Board shall hold a public hearing at the time and place specified in the
notice of hearing, study the eveidence presented and hear testimony of those
persons who appear to have interest in the question and shall determine in each
case the following:
(a) Whether or not the conditions shown are singly or in combination, such
that the building, structure or dwelling is an unsafe building and a public
nuisance within the meaning of the Code.
(b) Whether continued occupancy is to be allowed or the building, structure
or dwelling is to be vacated, and the time by which the building, structure or
dwelling is to be vacated.
(c) Whether the nuisance is to be abated by repair or demolition, the
extent of repairs and time allowed for completion of repairs if required; or the
time by which demolition is to be accomplished.
300.6 NOTICE OF CONDEMNATION:
In the event that the Board finds that a nuisance exists, the Building Official
shall, on the first working day following the hearing, post notice of the decision
of the Board on the premises and keep the same posted until the nuisance is abated.
It shall be unlawful for any person to remove, deface or cover such notice until
the Building Official determines that its requirements have been fulfilled.
300.7 OBLIGATIONS OF THE OWNERS AND OCCUPANTS:
The owner of a building, dwelling or structure declared unsafe and a public
nuisance shall obtain the necessary permits, and execute the work necessary to
comply with the requirements of the Board, completing the same within the time
specified by the Board. Where vacancy is required, the occupants shall vacate
the premises on or before the date set for vacancy, and thereafter it shall be
unlawful for any person to enter the premises for any purpose other than the
abatement of the nuisance.
300.8 REMOVAL BY CITY FORCES:
After the expiration of the time fixed by the Board for removal or repair of
the structure, if the necessary action has not been taken the Building Offiical
may direct that the structure be removed at the expense of the City and the
expenses for removal be assessed on the lard on which the structure stood or
to which it was attached. The assessment shall be levied by ordinance passed
by the City Council and published once in a newspaper of general circulation
in Brazos County, Texas. The assessment may be collected by any lawful means not
inconsistent with Article 1175, Section 35, Vernon's Annotated Civil Statutes.
SECTION 400 - DEFINITIONS
400.1
For the purpose of this Code, certain abbreviations, terms, phrases, words, and
their derivatives, shall be construed as set forth in this Section.
400.2
Words used in the present tense include the future. Words in the masculine gender
include the feminine and neuter. Words in the feminine and neuter gender include
ORDINANCE NO. 1128
Page 14
the masculine. The singular number includes the plural and the plural number
includes the singular.
The following definitions shall apply in the interpretation and enforcement of
this ordinance:
ALTER OR ALTERATION means any change or modification in construction
or occupancy.
APPLICABLE GOVERNING BODY - City Council, College Station, Texas, to
administer and enforce the provisions of this Code, as adopted or amended.
APPROVED shall mean approved by the Building Official.
BASEMENT shall mean a portion of a building located partly underground
but having less than one-half or more of its clear floor -to -ceiling
height below the average grade of the adjoining ground.
BUILDING shall mean any structure built for the support, shelter, or
enclosure of persons, animals, chattels, or property of any kind. The
term "building" shall be construed as if followed by the words "or part
thereof".
BUILDING OFFICIAL shall mean the officer, or other person, charged with
the administration and enforcement of this ordinance or his duly
authorized representative.
CELLAR shall mean a portion of a building located partly or wholly under-
ground, having one-half or more of its clear floor -to -ceiling height below
the average grade of the adjoining ground.
DWELLING shall mean any building which is wholly or partly used or intended
to be used for living or sleeping by human occupants whether or not such
building is occupied or vacant: provided that temporary housing as
hereinafter defined shall not be regarded as a dwelling, nor shall trailers
be included as a dwelling.
DWELLING UNITS shall mean any room or group of rooms located within a
dwelling and forming a single habitable unit with facilities which are
used or intended to be used for living, sleeping, cooking and eating
whether or not such unit is occupied or vacant.
EXTERMINATION shall mean the control and extermination of insects, rodents,
or other pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food; by poisoning, spraying,
fumigating, trapping; or by any other recognized and legal pest elimination
methods.
FAMILY means one or more persons living together, whether related by blood,
marriage or adoption, and having common housekeeping facilities.
FLOOR AREA shall mean the total area of all habitable space in a building
or structure.
GARBAGE shall mean the animal and vegetable waste resulting from the
handling, preparation, cooking, and consumption of food.
HABITABLE ROOM shall mean a room or enclosed floor space used or intended
to be used for living, sleeping, cooking, or eating purposes, excluding
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ORDINANCE NO. 1128 Page 15
bathrooms, water closet compartments, laundries, pantries, foyers, or
communicating corridors, closets, and storage spaces.
INFESTATION shall mean the presence within or around a dwelling, of any
insects, rodents, or other pests.
MULTIPLE DWELLING shall mean any building, or portion thereof, which is
designed, built, rented, leased, let or hired out to be occupied, or which
is occupied as the home or residence of more than two (2) families living
independently of each other and doing their own cooking in the said
building, and shall include flats and apartments.
OPENABLE AREA shall mean that part of a window or door which is available
for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR shall mean any person who has charge, care of control of a
building, or part thereof, in which dwelling units or rooming units are
let.
OWNER shall mean the holder of the title in fee simple and any person,
group of persons, company, association or corporation in whose name tax
bills on the property are submitted. It shall also mean any person who,
alone or jointly or severally with others:
(a) Shall have legal title to any dwelling or dwelling unit,
with or without accompanying actual possession thereof; or
(b) Shall have charge, care or control of any dwelling or
dwelling unit, as owner, executor, executrix, administrator, trustee,
guardian of the estate of the owner, mortgagee or vendee in possessions,
assignee of rents, lessee, or other person, firm, or corporation in
control of a building; or their duly authorized agents. Any such person
thus representing the actual owner shall be bound to comply with the
provisions of this ordinance, and of rules and regulations adopted pur-
suant thereto, to the same extent as if he were the owner. It is his
responsibility to notify the actual owner of the reported infractions
of these regulations pertaining to the property which apply to the owner.
PERSON shall mean and include any individual, firm, corporation, associa-
tion or partnership.
PLUMBING shall mean the practice, materials, and fixtures used in the
installation, maintenance, extension, and alteration of all piping,
fixtures, appliances, and appurtenances in connection with any of the
following: sanitary drainage or storm drainage facilities, the venting
system and the public or private water -supply systems, within or adjacent
to any building, structure, or conveyance; also the practice and materials
used in the installation, maintenance, extension, or alteration of storm -
water, liquid -waste, or sewerage, and water -supply systems of any premises
to their connection with any point of public disposed or other acceptable
terminal.
PREMISES shall mean a lot, plot or parcel of land including the buildings
or structures thereon. In the case of multi -dwelling units, each dwelling
unit as defined in this ordinance shall be considered a separate premise.
PUBLIC AREAS as used in this Code, means an unoccupied open space adjoining
a building and on the same property, that is permanently maintained
accessible to the Fire Department and free of all incumbrances that might
p
ORDINANCE NO. 1128
interfere with its use by the Fire Department.
Page 16
REPAIR means the replacement of existing work with the same kind of
material used in the existing work, not including additional work that
would change the structural safety of the buidling, or that would effect
or change required exit facilities, a vital element of an elevator,
plumbing, gas piping, wiring or heating installations, or that would be
in violation of a provision of law or ordinance. The term "Repair" or
"Repairs" shall not apply to any change of construction.
REQUIRED means required by some provision of this Code.
RESIDENTIAL OCCUPANCY - Buildings in which families or households live
or in which sleeping accommodations are provided, and all dormitories,
shall be classified as "Residential Occupancy". Such buildings include,
among others, the following: dwellings, multiple dwellings, and lodging
houses.
ROOMING HOUSE shall mean any dwelling, or that part of any dwelling
containing one or more rooming units, in which space is let by the
owner or operator to three or more persons who are not husband or wife,
son or daughter, mother or father, or sister or brother of the owner or
operator.
ROOMING UNIT shall mean any room or group of rooms forming a single
habitable unit used or intended to be used for living and sleeping,
but not for cooking or eating purposes.
RUBBISH shall mean combustible and non-combustible waste materials,
except garbage; and the term shall include the residue from the burning
of wood, coal, coke, and other combustible material, paper, rags, cartons,
boxes, wood excelsior, rubber, leather, tree branches, yard trimmings,
tin cans, metal, mineral matter, glass crockery, and dust.
STAIRWAY means one or more flights of stairs and the necessary landings
and platforms connecting them to form a continuous and uninterrupted
passage from one story to another in a building or structure.
STORY means that portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except that
the topmost story shall be that portion of a building included between
the upper surface of the topmost floor and the ceiling or roof above.
STRUCTURE means that which is built or constructed, an edifice or
building of any kind, or any piece of work artificially built up or
composed of parts joined together in some definite manner. The term
structure shall be construed as if followed by the words "or part thereof".
SUPPLIED shall mean paid for, furnished, or provided by or under control
of, the owner or operator.
TEMPORARY HOUSING shall mean any tent, trailer, or other structure used
for human shelter which is designed to be transportable and which is not
attached to the ground, to another structure, or to any utilities system
on the same premises for more than thirty (30) consecutive days.
VENTILATION means the process of supplying and removing air by natural
or mechanical means to or from any space.
YARD means an open unoccupied space on the same lot with a building 03000
ORDINANCE NO. 1128
Page 17
M
extending along the entire length of a street, or rear, or interior
lot line.
MEANING OF CERTAIN WORDS - Whenevery the words "dwelling", "dwelling
units", "rooming house", "rooming units", "premises", are used in this
ordinance, they shall be construed as though they were followed by the
words "or any part thereof".
SECTION 500 - SEVERABILITY
If any provision of this Code, or the application thereof to any person or
circumstances, is held invalid, the remainder of the Code, and the application
of such provision to other persons or circumstances, shall not be affected thereby.
SECTION 600 - REPEAL
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 700 - PENALTY
Any person, either by himself or agent, and any firm, corporation or other entity
who violates any of the provisions of this Code shall be deemed guilty of a
misdemeanor and, upon conviction of any such violation, shall be fined in any
sum not to exceed Two Hundred Dollars ($200.00); and each day during which such
violation continues shall constitute a separate and distinct offense. In any
case of a violation of any of the terms or provisions of this ordinance by any
corporation, the officers and agents actively in charge of the business of such
corporation shall be subject to the penalty herein provided. Any offense defined
herein which has been defined by laws of the State of Texas as an offense and for
which penalty has been prescribed shall be punished as provided in said State
Law, and nothing herein shall be held as fixing any penalty contrary to a penalty
provided by the laws of the State of Texas.
SECTION 800 - DATE OF EFFECT
This ordinance shall become effective immediately upon its passage and publica-
tion in a newspaper of general circulation in the City of College Station, Texas.
PASSED, ADOPTED AND ORDERED PUBLISHED this the 14th day of September, 1978.
ATTEST
City Secretary
AP OVED
�.c.r
Mayor