HomeMy WebLinkAboutORD 2006-14 - Dangerous BuildingsAn Ordinance Of
Amending Chapter
Code Of Ordinance
Hearing; Repealing
Severability Clause;
Date,
ORDINANCE NO. Do 0 � t 4
The City Council Of The City Of Georgetown, Texas
15.40 "Dangerous Buildings" In The City of Georgetown
s, Section 15.40.045 Relating To The Notice Of A Public
Conflicting Ordinances And Resolutions; Including A
Including A Penalty Clause; And Establishing An Effective
WHEREAS, it is the desire of the City Council of Georgetown, Texas to amend Section
15.40.045 in the Code of Ordinances requiring a notice of a public hearing to notify property
owner(s) when the City's Building Official seeks a public hearing before the Building Standards
Commission regarding a dangerous building located within the City of Georgetown, as set forth
herein; and
WHEREAS, the City Council of Georgetown, Texas has determined that the amendments to
Section 15.40.045 are required to comply with state statutes and appropriately notify property
owner(s) of possible actions by the Building Standards Commission, including a determination to
remove or demolish a dangerous building.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF GEORGETOWN,
TEXAS, THAT:
SECTION 1.. The facts and recitations contained in the preamble of this Ordinance are hereby
declared to be true and correct, and are incorporated be reference herein and made a part hereof,
as if copied verbatim. The City Council hereby finds that this Ordinance implements the following
Century Plan Policy Statements - Goals and Strategies:
1.0 Policy Statenient: "The con- to -tt.tnity enjoys the benefits of well - planned land use in
which conflicting needs are balanced."
Further, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, the City
Council hereby finds that the enactment of this Ordinance is not inconsistent with or in conflict
with any other Century Plan Policy Statements,
SECTION 2: Title 15, Chapter 15.40 "Dangerous Buildings," Section 15.40.045 relating to
providing notice of a public hearing before the Building Standards Commission to the owner of
record, lienholder, mortgagee and any unknown owner of the affected property is hereby
amended as follows:
M1626 1I►1
City of Georgetown Code of Ordinances
Amendment to Chapter 15, Section 15.40
Page 1 of 3
Sec. 15.40.045. Notice of hearing.
A. Notice of the public hearing required under Section 15.40.040 shall be sent to the owner of
record, lienholder and mortgagee of the affected property. The notice shall be served at
least ten calendar days prior to the hearing date. The notice may be served personally or by
certified mail, return receipt requested. The executed return receipt shall be prima facie
evidence of service. If the owner of record, lienholder or mortgagee of the building cannot
be identified, the City shall make a diligent effort, use its best efforts, or make a reasonable
effort to determine the identity and address of an owner, a lienholder or mortgagee. If a
notice is mailed according to this subsection and the United. States Postal Service returns
the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the
notice shall be deemed to be delivered.
B. The City must post a notice of the public hearing on the front door of each improvement
situated on the affected property or as close to the front door as practicable on or before the
1011, day before the date fixed for the public hearing.
C. The City must publish a notice of the public hearing in a newspaper of general circulation in
the municipality on one occasion on or before the 101h day before the date fixed for the
public hearing.
D. The City may file a notice of the hearing in the Official Public Records of Real Property for
Williamson County,
E. The filing of the notice of hearing in the Official Public Records of Real Property for
Williamson County is binding on subsequent grantees, lienholders or other transferees of
an interest in the property who acquire such interest after the filing of the notice and
constitutes notice of the hearing on any subsequent recipient of any interest in the property
who acquires such interest after the filing of the notice.
SECTION 3: All Ordinances and Resolutions, or parts of Ordinances and Resolutions that are in
conflict wit11 this Ordinance are hereby repealed, and no longer in effect.
SECTION 4: If any provisions of this Ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
applications thereof, of this Ordinance which can be given effect without the invalid provision or
application and to this end the provisions of this Ordinance are hereby declared to be severable.
SECTION 5: The Mayor of Georgetown is hereby authorized to sign this Ordinance and the City
Secretary to attest. This Ordinance shall become effective and be in full force and effecting
accordance with the terms of the City Charter.
DKDa camcp � 1
City of Georgetown Code of Ordinances
Annendrnent to Chapter 15, Section 15.90
Page 2 of 3
PASSED AND APPROVED on First Reading on the 'elm Cday of A 2006.
PASSED AND APPROVED on Second Reading on the day of 2006.
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
1� G
Patricia E. Carls
City Attorney
City of Georgetown Corte of'Ordinances
Amendment to Chapter 15, Section 15.40
Page 3 of 3
THE CITY OF GEORGETOWN:
Mayor