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HomeMy WebLinkAboutORD 99-48 - Dangerous StructuresESTABLISHING AN EFFECTIVE DATE, �,. WHEREAS, it is the desire of, the City Council of Georgetown, Texas to adopt certain amendments to the current dangerous structure ordinance in order to facilitate proper inspections and procedures for the abatement of all types of structures outlined in Exhibit A; and WHEREAS, the City Council has determined that adopting dangerous structure standards will ensure that all types of structures will not be a nuisance and hazard to the citizens within the corporate city limits of Georgetown; and WHEREAS, the Building Standards Commission, appointed by the City Council, has reviewed the effect of these regulations and recommends that the City Council adopt the proposed dangerous structure regulations; and WHEREAS, the caption of this ordinance was printed in the 'Williamson County Sun on August 18, 1999 in compliance with the City Charter of the City of Georgetown; NOW, THEREFORE' , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O, GEORGETOWN, Section 1. The facts and recitations contained in the preamble of this ordinance are thereby declared to be true and correct, and are incorporated by reference herein and made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Urban Design Policy 13.0 of the Century Plan -Policy Plan Element. which states: "Georgeto vrn. has a positive, identifiable image and an attractive appearance ", and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by: Section 2.03 of the Administrative Chapter of the Policy Plan. Section 2. Chapter 15.40, entitled "Dangerous Buildings", of the Code of Ordinances of the City of Georgetown, Texas is hereby amended as stated in Exhibit "A", attached hereto and incorporated herein for all purposes. Dangerous Structures Ord. # ` Page 1 of 2 Section- 3. Any violation of any provision of this ordinance constitutes a misdemeanor and upon conviction thereof is subject to a fine in accordance with the provisions of Section 1.08.010 of this code. Each and everyday a violation continues constitutes a separate offense. Section 4. All ordinances and resolutions, or parts of ordi�xances and resolutions, in conflict with this ordinance are hereby repealed, and no longer of any force and effect. Section 5. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions or application 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 6.The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in ten (10) days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. F PASSED AND APPROVED on first reading on the of vv tc sr' , 1999. V y st AND AD APPROVED on second reading on the ," `.�'4 of ���� � � �� ; 1999. ATTEST: 5jy" f K �A +Y •sA'L�✓5W �1/�j{JJ'I� ..�1..,.ifar+C Sandra D. Lee, City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Dangerous Structures Ord. # L% Page 2 of 2 THE CITY OF GEORGETOWN: By: n6i� Kersch, Mayor W Exhibit "A" 15.40.005 Application This Chapter shall apply to all dangerous buildings or structures and shall apply equally to new and existing conditions. 15.40.010 Definitions. In this chapter: (a) `Building Official" means the Building Official or his duly authorized representative, including the City's Code Enforcement Officer. (b) "City" means the City of Georgetown, Texas. (c) "Commission" means the Building Standards Commission of the City of Georgetown, Texas. (d) "Dangerous building or structure" means any premises, building or structure that is: (1) Regardless of the structural condition of the building or structure, 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 minors; or (2) 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 (B) the means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described in subdivision (1); or (3) Dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare. A building, premises, or structure that contain the following defects shall be considered a dangerous building or structure under this definition: (A) Those buildings or structures whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base. (B) Those buildings or structures which, exclusive of the foundations, show thirty-three percent (33%) or more damage or deterioration to the supporting member or members, or fifty percent (50%) damage or deterioration to the nonsupporting enclosing or outside walls or covering; (C) Those buildings or structures: (i) which have improperly distributed loads upon floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used; or (ii) in which the stress in any material, member or portion thereof, due to all imposed loads, including dead load, exceeds the stresses allowed in the Building Code adopted by the City for new buildings; (D)Those buildings or structures which have been damaged by fire, flood, earthquake, wind, or other causes so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the general public; (E) Those buildings or structures which have been damaged by fire, flood, earthquake, wind, or other causes to the extent that the structural integrity of the building or structure is less than it was prior to the damage and is less than the minimum requirements established by the Building Code adopted by the City for new buildings; (F) The condition of the structure or building is likely to cause sickness or disease, so as to work injury to the health, safety, or general welfare of those living therein or to persons or property in its vicinity; (G) A building, structure, or portion thereof which, as a result of decay, deterioration or dilapidation, is reasonably likely to fully or partially collapse; (H) Those buildings or structures having light, air, and sanitation facilities which are zn inadequate to protect the health, safety, or general welfare of human beings who occupy or may occupy the building or structure; (I) Those buildings or structures having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication in order to evacuate in a timely and expedient manner in order to avoid injury or peril from within; (J) Those buildings or structures which have: (i) Parts thereof which are detached that they may reasonably be expected to fall and injure members of the public or property, or (ii) Any exterior appendage or portion of the building or structure that is not securely fastened, attached, or anchored such that it is capable of resisting wind or similar loads as required by the Building Code adopted by the City for new buildings; (K) Those buildings, structures or a portion thereof that do not contain sufficient space for sleeping or occupation of the building; (L) Those buildings or structures which because of their condition are unsafe, unsanitary, or dangerous to the health, safety, or general welfare; (M) Those buildings or structures that are unsafe, unsanitary or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or, which in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment; (N) Those buildings or structures that have been constructed or maintained in violation of a specific requirement of any of the codes adopted in Title 15 of the City's Code of Ordinances or contrary to any State law. (e) "Structure" means a building or other structure, or part of a building or other structure. (f) "Vacate" means to leave the premises and not return until mer allowed by the Building Official or the Commission. 15.44.024 Public Nuisance Declared. All "dangerous buildings or structures" within the terms of § 15.40.010 are declared to be public nuisances, and shall be abated as provided in this chapter. 15.40.030 Standards for Repair, Vacation, or Demolition. The following standards shall be followed in ordering repair, vacation, and/or demolition: (a) If the dangerous building or structure can be feasibly repaired or the condition remedied so that it will no longer exist in violation of the terms of this chapter, it shall be ordered remedied or repaired. Repairs shall be deemed feasible only if less than fifty percent (50%) of the structure of the building must be repaired or replaced or the value of the structure is reduced by less than fifty percent (50%) because of the violations. Value shall be determined by comparing the most recent valuation for the building or structure by the Williamson County Appraisal District with the valuation of the building or structure two years prior to the most recent valuation by the Williamson County Appraisal District. (b) If the dangerous building or structure is in such a condition as to make it hazardous to the health, safety, or general welfare of its occupants or the public, it shall be ordered vacated and secured, and the order may also require the occupants to be relocated. (c) In any case where more than fifty percent (50%) or more of a building or structure is damaged, decayed, or deteriorated, it shall be ordered demolished or removed, unless the Commission deems that the structure can be feasibly repaired or the condition remedied. In all cases where a building cannot be repaired, it shall be ordered demolished. 15.40.035 minimum Standards for Continued Use or Occupancy. In this Chapter, the minimum standards that shall determine the suitability of a building for continued use or occupancy, regardless of the date of construction, are those found in the City's adopted building code, supplemental building code, mechanical code, supplemental mechanical code, gas code, supplemental gas code, plumbing code, supplemental plumbing code, electrical Dangerous Structures • . 0 �} code, housing code, existing buildings code, and fire prevention codes, as amended by the City from time to time. Whenever the Building Official has determined that a building or structure is a dangerous building or structure, he shall obtain a date and time for a public hearing before the Commission to determine whether the building complies with the standards set out in this chapter. The Building Official may seek voluntary compliance with this chapter with the owner, lienholder, or mortgagee of the building or structure before seeking a hearing before the Commission. If the Building Official receives voluntary compliance from the owner, lienholder, or mortgagee, the Building Official need not seek a public hearing from the Commission. ! !.. .� �. (a) Notice of the public hearing required under §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 (10) 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 Untied 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 may file a notice of the hearing in the Official Public Records of Real Property for Williamson County. (c) 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. 15.40.050 Contents of Notice (a) The notice must contain: (1) the name and address of the owner of the affected property if that information can be determined; (2) a legal description of the affected property; and (3) a description of the hearing. (b) A notice of a public hearing required by §15.40.040 sent to an owner, lienholder, or mortgagee: (1) must include 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 this chapter and the time it will reasonably take to perform the work; (2) may contain a description of each violation which allegedly exists, a statement that the City may perform the required work to abate the violation if the owner fails to do so, and an explanation of the owner's right to a hearing before the Commission. 15.40.055 Public Dearing At the hearing the Building Official shall present evidence of the condition of the structure and may recommend a course of action. The owner, lienholder, mortgagee or any other interested party may present evidence on any relevant issues. 15.40.060 Commission Orders (a) After the public hearing, if a building is found in violation of standards set out in this chapter or any other applicable ordinances, the Commission may: (1) find the building or stricture to be a dangerous building be vacated, secured, repaired, removec reasonable time. The Commission may order within a reasonable time; or building or structure and order that the or demolished by the owner within a that the owner relocate the occupants (2) Grant a variance in order to avoid the imposition of an unreasonable hardship; or (3) In the case of a single-family dwelling occupied by the owner where the health, safety and welfare of other persons will not be affected, grant an exception to any provision of this chapter to avoid the imposition of an unreasonable hardship. (b) The mortgagees and lienholders shall be provided an additional reasonable amount of time to comply with the ordered action in the event the owner fails to comply with the order within the time provided for action by the owner. (c) A Commission order shall require the owner, lienholder, or mortgagee of the building to within thirty (30) days: (1) secure the building from unauthorized entry; or (2) repair, remove, or demolish the building, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within thirty (30) days. Dangerous Ord. Page 5 of 11 e" (c) If the Commission allows the owner, lienholder, or mortgagee more than thirty (30) days to repair, remove, or demolish the building, the Commission shall set 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 Commission. (d) The Commission 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: (1) submits a detailed plan and time schedule for the work at the hearing, and (2) establishes at the hearing that the work cannot reasonably be completed within ninety (90) days because of the scope and complexity of the work. (e) If the Commission 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 Commission will require the owner, lienholder, or mortgagee to regularly submit progress reports, as defined by the Commission, to the Building Official to demonstrate compliance 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 Commission or the Building Official to demonstrate compliance with the time schedules. (f) If the Commission allows the owner, lienholder, or mortgagee to repair, remove, or demolish the building, the work shall be done in compliance with all permitting requirements of the City, Williamson County, and State of Texas. Any repair work must comply with the applicable codes for the work to be completed. (g) If the owner, lienholder, or mortgagee owns property, including structures and improvements on property, within the city limits of the City with a value that exceeds $100,000.00 in total value, the Commission may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate enough to cover the cost of repairing, removing, or demolishing a building or structure under subsection (e). In lieu of a bond, the Commission may require the owner, lienholder, or mortgagee to provide a letter of credit from a financial institution or guaranty from a third parry approved by the Commission. The bond must be posted, or the letter of credit or third party guaranty provided, not later than the 30th day after the Commission issues the order. Value may be determined by using the appraised value of real property and improvements as determined by the Williamson County Appraisal District, or its successor in interest. (h) 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 applicable City ordinances and the time it will take to reasonably perform the work. 15.44.065 Actions Subsequent to Commission Order. (a) Within ten (10) days after the date the order is issued, the City shall: Dangerous Structures • . Page 6 of 11 EXAjh)iW �'. (1) file a copy of the order in the office of the City Secretary; and (2) publish in a newspaper of general circulation in the municipality in which the building is located a notice containing: (A) the street address or legal description of the property; (B) the date of the hearing; (C) a brief statement indicating the results of the order; and (D) instructions stating where a complete copy of the order may be obtained. (b) The Building Official shall promptly mail by certified mail, return receipt requested, a copy of the order to the owner of the building and to any lienholder or mortgagee of the building. The municipality shall use its best efforts to determine the identity and address of any owner, lienholder, or mortgagee of the building. If a copy of the order is mailed according to this subsection and the Untied States Postal Service returns the notice as "refused" or "unclaimed," the validity of the mailing is not affected, and the copy of the order shall be deemed to be delivered. 15.40.070 Compliance with Commission Order. (a) If the building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time, the City may vacate, secure, remove, or demolish the building or relocate the occupants at its own expense. (b) If the City incurs expenses under subsection (a), the City may assess the expenses on, and the City has a lien against, unless it is a homestead as protected by the Texas Constitution, the property on which the building is located. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the City for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the County Clerk of Williamson County. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the City, and the balance due. (c) This section does not limit the City's ability to collect on a bond or other financial guaranty that may have been required by § 15.40.060(f). 15.40.075 City's Authority to Secure a Dangerous Building. (a) The City may secure a building the Building Official determines: (1) violates the minimum standards; and (2) is unoccupied or is occupied only by persons who do not have a right of possession to the building. Dangerous • . (b) Before the I11h day after the date the building is secured, the Building Official shall give notice to the owner by: (1) personally serving the owner with written notice; (2) depositing the notice in the United States mail addressed to the owner at the owner's post office address; (3) publishing the notice at least twice within a ten (10) day period in a newspaper of general circulation if personal service cannot be obtained and the owner's post office address is unknown; or (4) 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. (c) The notice must contain: (1) an identification, which is not required to property on which it is located; be a legal description, of the building and the (2) a description of the violation of the municipal standards that is present at the building; (3) a statement that the municipality will secure or has secured, as the case may be, the building•, and (4) an explanation of the owner's entitlement to request a hearing about any matter relating to the municipality's securing of the building. (d) The Commission shall conduct a hearing at which the owner may testify or present witnesses or written information about any manner relating to the City's securing of the building if, within 30 days after the date the City secures the building, the owner files with the Building Official a written request for the hearing. The Commission shall conduct the hearing within 20 days -after the date the request is filed. (e) If the City incurs expenses under this section, the City may assess the expenses on, and the City has a lien against, unless it is a homestead as protected by the Texas Constitution, the property on which the building is located. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the City for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the county clerk in the county in which the property is located. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the City, and the balance due. (f) After the hearing conducted in accordance with subsection (d), the Commission may: (1) Uphold the City's actions; or Dangerous Structures • . , Page 8 of (2) Order that the amount of the lien assessed under subsection (e) be reduced or extinguished. (g) The authority granted by this section is in addition to any other remedy provided in this chapter or by state law. 15.40.080 Additional Authority Regarding Substandard Building (a) A Commission order issued pursuant to § 15.40.060 may require that after the expiration of the time allotted for repair, removal, or demolition of a building: (1) that the City repair the building or structure at the expense of the City and may place a lien on the land which the building stands or to which it is attached for the expenses of the repair; or (2) assess a civil penalty against the property owner for failure to repair, remove, or demolish the building and may recover the penalty by placing a lien on the property. (b) The City may repair a building under subsection (a) only to the extent necessary to bring the building into compliance with the minimum standards and only if the building is a residential building with ten (10) or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds minimum housing standards. (c) If the Commission orders the building or structure repaired or assesses a civil penalty against the owner under subsection (a), the City shall impose a lien against the land on which the building stands or stood, unless it is a homestead as protected by the Texas Constitution, to secure the payment of the repair expenses or the civil penalty. Promptly after the imposition of the lien, the City must file for record, in recordable form in the office of the County Clerk of Williamson County, a written notice of the imposition of the lien. The notice must contain a legal description of the land. (d) Any civil penalty or other assessment imposed under this section accrues interest at the rate of ten percent (10%) from the date of the assessment until paid in full. (e) The City's right to the assessment lien cannot be transferred to third parties. (f) A lien acquired under this section by the City 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 65 years of age or older. {g) The Commission may assess and the City may recover a civil penalty, if ordered, against a property owner at the time of the Commission hearing on violations of this chapter, in an amount not to exceed $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 $10.00 a day for each violation, if the municipality proves: (1) the property owner was notified of the requirements of the ordinance and the owner's need to comply with the requirements; and (2) after notification, the property owner committed acts in violation of the ordinance or failed to take an action necessary for compliance with the ordinance. (i) Notice of an action taken under subsection (a) shall be the same notice provided for in § 15.40.065. {j} The authority granted by this section is in addition to any other remedy provided in this chapter or by state law. 15.40.090 Diligent or Best Efforts by the City. Under this chapter, the City is deemed to have made a diligent effort, used its best efforts, or made a reasonable effort to determine the identity and address of an owner, a lienholder, or mortgagee if it searches the following records: (1) county real property records of the county in which the building is located; (2) appraisal district records of the appraisal district in which the building is located; (3) records of the secretary of state; (4) assumed name records of the county in which the building is located; (5) tax records of the City; and (6) utility records of the City. 15.40.100 Inspection of buildings, schools, churches, etc. The Office of Inspection Services may inspect or cause to be inspected periodically all public buildings, schools, halls, churches, theaters, hotels, apartments, commercial premises, or tents for the purpose of determining whether any condition exist which render any such place a dangerous building or structure within the terms of § 15.40.010. The Office of Inspection Services shall also inspect buildings under the following conditions: (a) Any premises, building, wall or structure about which complaints are filed by any person to the effect that any premises or building, wall, or structure is or may be existing in violation of this chapter; Dangerous . • . Page 10 of 11 t (b) Any premises, building, wall, or structure reported by the Health, Fire, or Police departments of the City as possibly existing in violation of the terms of this chapter; (c) Any premises, building, wall, or structure that the Building Official has reason to believe may be in violation of this chapter, wherein such inspection is conducted in accordance with the law. r; ! ►, Dangerous• • •x Page of11. �: