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HomeMy WebLinkAboutORD 85-56 R e ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 14, ARTICLE III CONCERNING DANGEROUS STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: ARTICLE III. DANGEROUS STRUCTURES Section 14-50. Dangerous Structures Defined. All vacant structures, dwellings, dwelling units, accessory structures, which have any or all of the following defects shall be deemed dangerous structures: ( 1 ) All vacant buildings or structures whose walls or other vertical structural members list, lean or buckle in excess of three-fourths inch of horizontal measurement for each foot of vertical measurement. ( 2 ) All vacant buildings or structures which show thirty-three ( 33) percent or more damage or deterioration of the supporting members, or fifty ( 50) percent or more damage or deterioration of the nonsupporting or outside walls or coverings . (3 ) All vacant buildings or structures which have parts thereof which are so attached that they may fall or injure members of the public or property. (4 ) All vacant buildings and structures which by reason of dilapidated or deteriorated conditions, have unsafe or defective electrical wiring devices or equipment, or unsafe or defective gas piping or appliances which are liable to cause or promote . fires. (5 ) All vacant buildings and structures which have been damaged by fire, explosion, wind, vandalism, or elements of nature so as to have become dangerous to the life, safety or the general health and welfare of the occupants thereof or inhabitants of the city. (6 ) Those vacant structures which have become so dilapidated, decayed, unsafe, unsanitary or which utterly fail to provide amenities essential to decent living such that they are unfit for human habitation or likely to cause sickness or disease so as to work injury to the health, safety or general welfare of those living thereabout. (7 ) Those buildings and structures existing in violation of any provision of the building code of the city or any provision of the city fire code or other ordinances of the city, to such an extent that they are dangerous to the health, safety, and welfare of the citizens of the city. Section 14-51 . Dangerous Buildings Declared Nuisances. All "dangerous buildings" within the terms of Section 14-50 are hereby declared to be public nuisances and shall be repaired, removed or demolished as hereinafter provided. Section 14-52. Standard for Repair, Removal or Demolition. The following standards shall be followed in substance by the chief enforcement officer or his designee and the City Council in ordering repair, removal or demolition of a "dangerous structure" within the terms of Section 14-50: ( 1 ) If after inspection by the chief enforcement officer or his designee and support inspections from other concerned departments or divisions, if necessary , and if a determination is made that the building is • dangerous structure, the owner shall be ordered by • certified letter to contact the chief enforcement officer within fifteen ( 15) days from the date of said letter. The owner shall be ordered, by letter, to repair, remove or demolish said structure within thirty ( 30) days. ( 2 ) If a permit to repair, remove or demolish said structure is not obtained from the Housing and Neighborhood Conservation Department and repairs, removal or demolition completed within forty-five (45) days of the date of the letter provided for in subsection ( 1 ) above, the chief enforcing officer shall give notice, by letter, to the owner of said structure to appear before the City Council to show cause why said structure should not be demolished and at the cost of the owner. (3 ) If a structure is to be repaired such that it is no longer a "dangerous structure" under the terms of this article, said structure shall be brought into compliance with the provisions of Article I ( minimum 2 - Housing Code) of this chapter. Failure to comply with the provisions of said Article I shall constitute a violation of this article and, upon conviction, the defendant shall be punished as provided in Section 1-8 of this code, and each day' s violation of this article and section shall constitute a separate offense. ( 4 ) Any vacant structure found to be a "dangerous structure" as defined herein or substandard under Article I shall be posted as provided in Section 14-4( a) to prevent occupancy . (5 ) All notices, as provided herein, shall be served by delivering same to the owner or agent in person, or by mailing the same certified to the residence or business address, if known, of such owner or agent, or by posting the same in a prominent place upon such building or structure. (6 ) If, upon hearing, the City Council finds that the building or structure is in violation of Section 14-50 hereof, the Council shall order the structure to be razed, removed or repaired at such time and under such conditions as the Council may , in its discretion, stipulate at said hearing. Such owner or agent shall forthwith comply with said order of the Council, and any owner or agent of such building or structure failing to comply with such order within the time therein stipulated, shall be deemed guilty of a misdemeanor and punished as provided in this code. (7 ) If any such building or structure condemned by order of the Council, as provided herein, is not razed, removed or repaired within the time and under the condition specified in such order, then the Council may, at its discretion, proceed to have the same razed and charge the actual expense thereof to the owner, and such cost and expense shall be charged as a special tax upon the property upon which such building or structure is situated, and upon all other property situated in the city belonging to the owner of such building or structure. Section 14-53. Abatement of Building or Structures Constituting a Clear and Present Danger to the Public Safety. Notwithstanding all other provisions of this article, nothing herein shall be deemed a limitation on the duty of the city 3 - to summarily order the demolition of any vacant building or structure where it is apparent that the immediate demolition of such building or structure is necessary for the preservation of life and property in the city. Section. 14-54 . Enforcing Officer - Powers and Duties. The chief code enforcement officer, or his designee, hereinafter referred to as "enforcing officer" , is charged with the duty of enforcing this article. ( 1 ) Neither the enforcing officer nor any employee of his division shall be financially interested in the furnishing of labor, material or appliances for the construction, alteration or maintenance of a building or in the making of plans and specifications therefor for a profit unless such person is the owner of such structure. ( 2 ) Neither the enforcing officer nor any employee of his division shall engage in any work which is in conflict with his duties or the interest of the department. (3 ) The enforcing officer shall enforce this article in the following manner: (a) The enforcing officer shall inspect or cause to be inspected when necessary all buildings or structures of any kind which are unoccupied or apparently abandoned for the purpose of determining whether any condition exists which renders such place a "dangerous structure" within the terms of Section 14-50. (b) The enforcing officer shall inspect any building or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this article. The enforcing officer shall notify in writing, by certified mail, the owner and/or all persons having an interest in said building, as shown by the tax rolls of the city, of any building found by the enforcing officer to be a "dangerous structure" within the standards set forth in Section 14-50. Said notice shall state ( i) a description of the building or structure; ( ii) a statement of the particulars which make the building or structure a 4 - "dangerous structure" ; ( iii) that the owner must repair, remove or demolish said building or structure; and ( iv) that any person notified under this subsection to repair, remove or demolish any building or structure shall be given reasonable time, as provided in this Code of Ordinances to do or have done the work required by the notice; (v) that the owner of said structure shall appear before the City Council to show cause why said structure should not be repaired, removed or demolished. Section 14-55. Same - Assistance by Other Departments. The enforcement officer is to seek the assistance of the Fire Department, the Health Department, and the Housing and Neighborhood Conservation Department in order to effectively enforce the terms of this article, and said departments are to assist the enforcing officer in any way possible in said enforcement. Section 14-56 . No Utilities to Vacant Dwellings . No water, gas, electricity, or sewer services shall be provided to any dwelling unit or rooming unit found to be substandard which is or becomes vacant until such dwelling unit or rooming unit has been brought into compliance with the provisions of this article. Section 14-57. Notices. All notices provided for herein shall be deemed sufficient if sent by United States mail, return receipt requested, to the last known address of the occupant, owner or persons having an interest in a structure as required above and a copy of such notice is posted in a conspicuous place on the substandard building, dwelling unit, rooming house or rooming unit to which it relates. Section 2 . That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various 5 - portions and provisions of this ordinance are declared to be severable. Section 3 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4 . That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the /7� day of Q 1985. Mayor - 6 -