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HomeMy WebLinkAbout1988-1792 - Ordinance - 12/08/1988ORDINANCE NO. 1792 AN ORDINANCE CREATING SECTION 81 PROPERTY MAINTENANCE REGULA- TIONS, OF CHAPTER 3, BUILDING REGULATIONS, OF THE CODE OF ORDI- NANCES OF THE CITY OF COLLEGE STATION, TEXAS. WHEREAS, the City Council of the City of College Station has be- come concerned that private properties are not being maintained; WHEREAS, the City Council of the City of College Station recog- nizes that structures and dwellings must be maintained to prevent blighted neighborhoods; WHEREAS, blighted neighborhoods are difficult to repair and reme- dy, and tax federal urban renewal funding; WHEREAS, the City of College Station City Council recognizes that dilapidated structures lower property values throughout the City; WHEREAS, dilapidated structures are a health and safety hazard to the residents of College Station; WHEREAS, the City of College Station City Council further recog- nizes that lowered property values effect the tax base of the City of College Station and the fiscal well-being of the City of College Station; WHEREAS, the City of College Station City Council recognizes that blighted neighborhoods cause increases in the crime rate, further taxing the ability of the municipality to provide public services to the City residents; WHEREAS, the City Council of the City of College Station directed the staff to investigate the possibility of creating an anti - neglect ordinance for the purpose of requiring maintenance of properties in order to protect neighborhoods from dilapidated structures which create blighted neighborhoods; WHEREAS, the City staff on the 21st day of September, 1988, pre- sented to the City Council evidence of dilapidated structures throughout the City; and WHEREAS, the City Council directed the City staff to prepare an ordinance based upon the evidence presented by the staff and the findings of the Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION THAT: 005584 I. Chapter 3, Section 8 of the Code of Ordinances of the City of College Station is hereby created as follows: A. REGULATIONS (1) Signs, awnings, canopies, free-standing walls and fences shall be maintained and kept in a secure, safe and at- tractive condition, not interfere with the public right- of-way, and otherwise be designed and treated in a man- ner consistent with the appearance and design of the building to which they are appurtenant. Deteriorated signs, torn or unsecured awnings or canopies, and any dilapidated wall or fence shall be removed or replaced. (2) Roof shall be maintained. Any false roof, mansard or like roof element or any other auxiliary structure on the roof shall be maintained in a condition and fur- nished in a manner comparable to and compatible with the exterior side of the building wall from which it is ob- servable. (3) Chimneys shall be maintained in a satisfactory state of repair. (4) All windows shall have glass plate or glazing glass in- stalled and maintained or replaced in a satisfactory condition within the time period stipulated under the provisions of this ordinance. No window visible from public right-of-way shall be permanently removed and en- closed, covered and boarded up unless treated as an in- tegral part of the building facade using wall materials and window detailing comparable with any upper floors and the building facade in general. (5) Sashes with rotten wood, broken joints or deteriorated mullions or muntins shall be repaired or replaced in a satisfactory condition. (6) Cornices, trim and window frames that are damaged, sag- ging or otherwise deteriorated shall be repaired or re- placed to be made structurally sound and all exposed ma- terials painted, stained or otherwise treated in a con- sistent manner. (7) Building walls shall be kept in a secure and attractive manner. Wooden walls shall be painted or if not painted treated in a manner consistent with the rest of the structure and the neighborhood as a whole. -2- n05585 (8) All defective structural and decorative elements of building facades shall be repaired and replaced in a workmanlike manner to match as closely as possible to the original materials and construction of the building. (9) All exterior walls shall have all loose material removed and patching or resurfacing shall be accomplished to match the existing or adjacent structures as to materi- als, color, bond and joining. B. ENFORCEMENT (1) The Building Official shall try to seek voluntary com- pliance by letter. (2) The Structural Standards Board/Building Code Board of Adjustments is hereby established as the Compliance Board. (3) The Board shall meet from time -to -time to hear com- plaints filed. (4) In the event that the Building Official is unable to se- cure voluntary compliance, the Building Official shall send notice by certified mail, return receipt requested, to the owner and/or occupier of the premises no later than seven (7) working days prior to the hearing. In the event the notice comes back unserved, the Building Official shall post notice on the outside of the struc- ture and shall publish notice in the newspaper of gen- eral circulation for College Station, Brazos County, Texas, for a period of no less than seven (7) working days prior to the hearing. (5) At the hearing, the Building Official shall present evi- dence as to the nature and extent of the violation, of appropriate improvements, and the time periods necessary for compliance. The owner/occupier of the premises shall have an opportunity to respond and present evi- dence. (6) After the evidence has been presented, the Board shall issue an order as to what improvements and repairs, if any, are necessary, and the time period for compliance. (7) The Building Official shall be required to inspect and determine if the Board's order has been fully complied with. -3- n05586 C. PENALTY In the event the Board's order has not been complied with, the Board may authorize the Building Official to file a com- plaint in the Municipal Court. In the event that the Munici- pal Court determines that there has been a violation of this ordinance, including administrative orders of the Board, it shall be authorized to impose a fine of no less than Twenty Dollars ($20) and no more than Two Hundred Dollars ($200) per day. II. This ordinance shall become effective and be in full force and effect from and after its passage and approval by the City Coun- cil and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED this 8th day of December, 1988. ATTEST: i Dian Joneof, jCity Secretary - 4 - APPROVED: Larr R g y nn55s.