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HomeMy WebLinkAboutORD 890274 - Dangerous BuildingsORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF GEORGETOWN, CODE OF ORDINANCES, ARTICLE 11 CHAPTER 61 BY ADDING SEC. 6-9 AND VARIOUS SUBSECTIONS THERETO, "DANGEROUS BUILDINGS"; PROVIDING FOR REPAIR, REMOVAL, VACATING, CLOSURE, REDUCTION OF OCCUPANCY, AND DEMOLITION OF BUILDINGS; PROVIDING FOR A HEARING THEREON; MAKING UNLAWFUL, DANGEROUS,° OVERCROWDED BUILDINGS; PROVIDING FOR A PENALTY CLAUSE, SEVERABILITY CLAUSE. WHEREAS, the City Council of the City of Georgetown, Texas is charged with protecting citizens from dangerous, unsafe buildings; and WHEREAS, open vacant buildings often deteriorate below the minimum building code standards due to exposure to the elements and vandalism; and WHEREAS, dangerous who may be injured while buildings; and buildings create a nuisance for persons inside or within and close proximity of the Building Code WHEREAS, within the City there are instances of dangerous buildings that need immediate redress under the terms of this ordinance; and WHEREAS, there is an absence of available measures to timely and effectively address dangerous buildings; and WHEREAS, the City Council of the City of Georgetown, Texas, deems it necessary and proper and in the best interest of the citizens of Georgetown to amend the City's Building Code by adding Division II., "Dangerous Buildings", which provides for repair, vacation, closure and demolition, of buildings and a procedure for hearings thereon; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, that.* SECTION I. The City Council of the City of Georgetown, Texas hereby finds the recitals set forth above to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION II. The Code of Ordinances of the City of Georgetown, Texas is hereby amended to add Division II. "Dangerous Building" to Article I., as shown on attached Exhibit A as if duly set forth at length. SECTION III. All other ordinances, parts of ordinances or resolutions in conflict with this Ordinance are hereby repealed to the extent of any such conflict. SECTION IV. If any article, paragraph or part of a paragraph of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the same shall not invalidate or impair the validity, force or effect of any other article, paragraph or part of a paragraph of this Ordinance which shall remain in full force and effect. SECTION V. Any violation of any provision of this ordinance shall constitute a misdemeanor and upon conviction thereof be subject to a fine up to $200.00. Each and every day a violation continues shall constitute a separate offense. SECTION VI. That this ordinance's caption shall be published in the local paper of this jurisdiction within ten (10) days upon final passage. SECTION VII. This ordinance shall become effective upon final passage and publication thereof and shall be codified in the Code of Ordinances of the City of Georgetown. READ AND APPROVED on first reading this - day of 1989, by a vote of Via, "Ayes" and / "Nos" members of Council present and voting. Dangerous Building Ordinance/Page 2 of 3 f FJ with p READ AND APPROVED on second reading this day of 1989, by a vote of 14, "Ayes" and "NosPB members of Council present and voting. Tim Ken ATTESTS L dy, M4yor Leta- F'. Willoug City Secretary THE STATE OF TEXAS COUNTY OF WILLIAMSON APPROVED AS TO FORMS Diane Callander City Attorney CERTIFICATE 4 `1 with if , being the current City Secretary of the City of Georgetown, Texas do hereby certify that the attached is a true and correct copy of Ordinance No. passed and approved by the City Council of the City of Georgetown, Texas on the day of , 19 and such ordinance was duly adopted at a meeting open to the public and notice of said meeting, giving the date, place, and subject thereof, was posted as prescribed by Article 6252-17, Section 3A, VATCS. Witness my , 19 (City Seal) City Secretary hand and . seal of office this Dangerous Building Ordinance/Page 3 of 3 day of EXHIBIT A DIVISION II. DANGEROUS BUILDINGS SEC. 6-9. DEFINITIONS. A. DANGEROUS BUILDING All premises, buildings or structures, occupied or unoccupied, which have any or all of the following defects shall be deemed a dangerous structure or building. 1. 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. 2. Those buildings or structures which, exclusive of the foundations, show thirty-three (33) percent or more damage or deterioration to the supporting member or members, or fifty (50) percent damage or deterioration to the nonsupporting enclosing or outside walls or covering. 3. Those buildings or structures which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used. The stress in any material, member or portion thereof, due to all imposed loads including dead load exceeds the stresses allowed in the Standard Building Code, (as same may be adopted from time to time by the City of Georgetown) for new buildings. 4. Those buildings or structures which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the people of the city. 5. Those buildings or structures which.0 a) have become or are so dilapidated, decayed, unsafe, S nsanitary, b) so utterly fail to provide the amenities essential to decent living so that they are unfit for human habitation, or, c) the condition of which 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 the vicinity. 6. A building, structure or portion thereof as a result of decay, deterioration or dilapidation is reasonably likely to fully or partially collapse. 7. Those building or structures having light, air and sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who occupy or live or may live therein. 8. Those buildings or facilities for egress structures having in case of fire or inadequate panic or those having insufficient escapes or other means stairways, elevators, of communication in order fire to evacuate in a timely and expedient manner in order to avoid injury or peril from within. 9. Those buildings or structures which have parts thereof which are so detached that they may reasonably be expected to fall and injure members of the public or property. 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 Standard Building Code, as the same may be amended from time to time. 10. Those buildings, structures, or a portion thereof that do not contain sufficient space for sleeping or occupation of the building. 11. Those buildings or structures which because of their condition are unsafe, insanitary or dangerous to the health, safety or general welfare of the people of this city. B. VACATE To leave the premises and not return until further allowed by the building official. SEC. 6-10. DECLARED PUBLIC NUISANCE. All "dangerous premises" within the terms of Section 6-9 of this article are hereby declared to be public nuisances, and shall be abated as provided herein. Dangerous Building Ordinance/Exhibit A/Page 2 of 9 SEC. 6-11. STANDARDS FOR REPAIR, VACATION OR DEMOLITION. The following standards shall be followed in substance by the building inspector in ordering repair, vacation, and/or demolition. 1. If the "dangerous premises" can be feasibly repaired or the condition remedied so that it will no longer exist in violation of the terms of this article, it shall be ordered remedied or repaired. Repairs shall be deemed feasible only if less than fifty (50) percent of the structure of the building must be repaired or replaced or the value of the structure is reduced by less the fifty (50) percent, because of the violations. Value shall be determined by referencing the most current version of Building Construction Cost Data as published by R.S. Means Co., Inc. 2. If the dangerous premises is in such a condition so as to make it dangerous to the health or safety of its occupants, it shall be ordered to be vacated. 3. In any case where a dangerous building is fifty (50) percent or more damaged or decayed or deteriorated from its value or structure, it shall be demolished, except as provided in (a) below. In all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this article, it shall be demolished. a) If a dangerous building or structure is more than fifty (50) percent damaged or reduced in value and the owner desires to make repairs, he shall notify the City of his desire to so, in writing, within ten (10) days of receipt of notification to demolish. Included in the owner's written notification, the owner shall also post a bond or other evidence of security in the amount of estimated repairs to be made. This amount shall be determined and substantiated by the estimates furnished by owner from builders, licensed plumbers, and tradesmen who are qualified by license, if required, to provide such repair. b) Owner shall be given reasonable time in which to make such repairs by the Building Official. Owner may also be required to take all reasonable steps to ensure safety to those persons who may be near at the premises. These steps shall include but not be limited to fencing, security, closure of structure, etc. Dangerous Building Ordinance/Exhibit A/Page 3 of 9 SEC. 6-12. INSPECTION OF BUILDINGS, SCHOOLS, CHURCHES, ETC. The office of building inspection may inspect or cause to inspected periodically all public buildings, schools, halls, churches, theaters, hotels, apartments, commercial premises, or tents for the purpose of determining whether any conditions exist which render any such place a dangerous premises within the terms of section 6-9 of this article. The Building Inspector shall also inspect buildings under the following conditions. 1. Any premises, building, wall or structure about which complaints are filed by any person to the effect that any premises or a building, wall or structure is or may be existing in violation of this article; 2. Any premises, building, wall or structure reported by the health, fire or police departments of this city as possibly existing in violation of the terms of this article; 3. Any premises, building, wall or structure which he has reason to believe may be in violation of this article, wherein such inspection is conducted in accordance with the law. SEC. 6-13. VACATE, REPAIR, REMOVAL, CLOSURE, OR DEMOLITION. A. In the event any premises are found to be dangerous premises within the standards set forth in section 6-11 or to be "dangerous buildings" as defined by sec. 6-9 of this article, the Building Inspector shall notify, in writing, the owner and lessee, if applicable, at the last known address as shown by the records of the assessor -collector of taxes of the city and by city utility records and identifiable lienholders and mortgagees as shown of record in the office of Williamson County Deed Records. The notice shall contain the following. 1. An identification of the building/structure and property on which it is located. 2. A description of the violation of municipal standards that is present at the building/structure. 3. A statement that the municipality will vacate, secure, remove, or demolish the building/structure or relocate the occupants of the building if the ordered action is not taken within the specified time. 4. That prior to vacating, closing, repairing or demolishing, the owner is entitled to a public hearing on the matter. 5. The date, time and location of the public hearing. Dangerous Building Ordinance/Exhibit A/Page 4 of 9 SEC. 6-14. NOTICE; HEARING; REMEDIES. A. A public hearing to consider demolition, removal, repair, closure, vacating of a structure shall be before a hearing panel of the Building Trades Board of Appeals after notice has been given to the persons designated in Subsection A of 6-13. B. Except for written notice of a rescheduled hearing served to a person attending the original setting of a hearing, the building official shall serve notice by certified United States mail, return receipt requested, sent to the last known address of the person being notified. If the certified mail is returned undelivered, the building official may serve the notice personally if the person to be notified can be found within Williamson County. If notice sent to a person is returned undelivered, and after a diligent search, the building official is unable to discover a correct address for the person or is unable to serve the person personally, then the building official shall give notice by publication of the order once in the official newspaper of the city at least five days before the hearing. If notice is by personal service or by certified mail that was sent more than 15 days before the scheduled hearing and the record shows that the notice was received by a person designated in Subsection (A) less than five days before the hearing, the person shall, upon request at the hearing, receive a resetting of the hearing. Written notice of the rescheduled hearing may be given to persons in attendance at that time. If notice is by publication, the final publication must be at least five days before the hearing. C. At the hearing the building official shall present evidence of the condition of a structure and an owner, lessee, mortgagee, lienholder, occupant and their representative, as well as any interested person, may present evidence on relevant issues. After hearing evidence from each interested person, the Building Trades Board of Appeals may. 1. Find that the structure is not a dangerous building and refer the matter to the building official for further appropriate action; or 2. Grant a variance in order to avoid the imposition of an unreasonable hardship; 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; or Dangerous Building Ordinance/Exhibit A/Page 5 of 9 4. Find that the structure is a dangerous premise or building and order.0 ao demolition of the structure; or be repair, removal, correction, or closure of the structure within a specified period of time, or ce repair, removal or correction of the structure within a specified period of time and demolition of the structure if the repair or correction is not timely effected, or do vacation of structure within a specified period of time; or e. removal of structure. D. If a final order is issued under C. 4. the building official shall give notice of an order to each person designated in Subsection A. of 6-13 and shall file each in the deed records of Williamson County. If an order to repair is timely effected or payment is received by the City for costs incurred and expenses, the building official shall, upon request and payment of the cost by the owner, file a notice of compliance in the deed records of Williamson County. E. When an order issued under Subsection C. 4. has been filed in the deed records of Williamson County, execution of the order is not affected by a sale or other transfer of the premises. A person acquiring interest in property after an order has been so filed is subject to the requirements of the order. The provisions of this subsection shall be included as a part of each order. F. Demolition, closure, removal, or repair of a structure may be accomplished by the owner in compliance with this section or by the City. The expense of demolition, closure, correction, removal, or repair, when performed under contract with the City or by City forces and filed in accordance with the law, constitutes a lien against the real property on which a structure stood and the lien runs and is attached to the land. The City may use all other lawful means to collect costs from an owner. G. Each occupant of a structure or dwelling unit that has been ordered vacated shall vacate the structure the structure or dwelling unit within the time specified in the order. It shall be unlawful for any person to occupy a structure or dwelling unit that has been ordered vacated. Dangerous Building Ordinance/Exhibit A/Page 6 of 9 H. A person who is ordered to vacate a structure shall not be considered a displaced person and shall not be eligible for relocation assistance if: 1. The person is ordered to vacate a structure as a consequence of his own intentional or negligent conduct, 2. The person began occupying the structure after the building official placed a red placard on the structure warning of its dangerous condition. SEC. 6-15. REDUCTION OF OCCUPANCY LOAD. A. The building official receipt requested, sent shall, by to the last certified mail, known address return of the owner and occupant of of the official records a structure, of the tax as shown on the assessor -collector tax roll and the records of utility service for that address of the City of Georgetown, give notice of a hearing to consider reduction of occupancy load of a structure or portion thereof that is overcrowded. The notice shall state. 1. Identification of the building that is over -occupied. 2. A description of the violation(s) with reference to the appropriate regulations. 3. Required action to abate the violation. 4. The right to a hearing and the time, date and location of such hearing. Be A public hearing to consider occupancy load of a structure shall be held before a hearing panel of the board of Building Trades Board of Appeals at least ten (10) days after receipt of notice by the owner and occupants or at least five (5) days after the mail is returned undelivered. The building official shall present evidence of the overcrowded or dangerous condition of the structure and the owner, lessor, or occupants may present evidence on relevant issues. C. The hearing panel shall order reduction of occupancy load if it finds that the structure is overcrowded. The order to reduce the occupancy load shall be given to the occupants and the order shall also be filed in the deed records of Williamson County. D. The occupants of a structure or dwelling unit that has been ordered reduced in occupancy load shall reduce the occupancy to the number and within the time specified in the order. Dangerous Building Ordinance/Exhibit A/Page 7 of 9 A structure or dwelling unit is overcrowded if the following standards are not met: 1. Floor space per person. Each structure or dwelling unit shall contain at least 150 square feet of habitable floor space for the first occupant and at least 100 square feet of additional habitable floor space for each additional occupant. 2. Sleeping space per person. In each structure or dwelling unit of two or more rooms, each 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 by more than one person shall contain at least 50 square feet of floor space for each occupant. 3. Special provisions. Children under 12 months of age shall not be considered occupants, and children under 12 years of age shall be considered as 1/2 of one occupant for purposes of Subparagraphs 1. and 2. 4. Ceiling height. For purposes of Subparagraphs 1. and 2., a room of a structure must have a ceiling height of at least seven feet to be considered habitable space. F. It shall be unlawful for the owner of the building or structure to permit occupancy in violation of the order. SEC. 6-16. PLACING OF PLACARD ON STRUCTURE. The building official may place a red placard on a structure or dwelling unit that is unsanitary or unsafe warning of its dangerous condition. A person commits an offense if. 1. Without authority removes or destroys building official, 2. He occupies a vacant the building official 3. As owner a person structure should be placard. from the building official, he a red placard placed by the structure or dwelling unit on which has placed a red placardp or of a structure or dwelling unit, he allows to occupy or continue to occupy a or dwelling unit on which he is aware or aware that the administrator has placed a red SEC. 6-17. EMERGENCY CASES. A. In cases where it reasonably appears there is an immediate and imminent danger to the life or safety of any person unless a dangerous building as defined in this Dangerous Building Ordinance/Exhibit A/Page 8 of 9 article is immediately vacated, repaired, closed or demolished, the building official of building inspections shall cause the immediate vacation, repair, closure or demolition of such dangerous building or part thereof. The Building Inspector shall use the least intrusive means to abate the emergency. Building Inspector shall make reasonable attempts to notify the affected persons in accordance with sec. 6-13. A. and B. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the manner as provided for by Sec. 6-14 F. SEC. 6-18. REPORTS OF SUSPECTED DANGEROUS BUILDINGS. The heads of the fire, police, public health and other city departments shall make prompt reports in writing to the building official of building inspections of all buildings or structures which are, may be, or are suspected to be dangerous premises within the terms of this article. SEC. 6-19. DISCONNECTING PUBLIC UTILITIES. The building official of building inspections may request that public utilities be disconnected in order that demolition may be accomplished without delay when order for demolition has been issued or when an emergency situation exits. Dangerous Building Ordinance/Exhibit A%Page 9 of 9