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conflict with this Ordinance are hereby repealed to the extent of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