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HomeMy WebLinkAboutORD 91-53 ORDINANCE NO. q/—5-3 ENTITLED AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND THE REGULATIONS CONCERNING DANGEROUS STRUCTURES TO PROVIDE CRITERIA DEFINING STRUCTURES THAT ARE SUBSTANDARD SUITABLE FOR REHABILITATION AND OTHER REGULATIONS RELATING TO DANGEROUS STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont be, and the same is hereby amended to read as follows: Sec. 14-50. Dangerous structures defined. A. All vacant structures, dwellings, dwelling units, and 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 of defective electrical wiring devices or equipment, 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. B. Substandard Suitable for Rehabilitation Dwellings which in the opinion of the Building Official or his duly appointed representative can be brought into compliance with the 1991 Standard Housing Code and Section 8 - Housing Quality Standards HUD, at a total cost of no more than 50% of the fair market value of the dwelling. Criteria for determination of suitability shall be as follows: (1) If in the opinion of the Building Official, rehabilitation of the structure shall be more than 50% of fair market value of the dwelling, rehabilitation shall not be permitted. It is the opinion of the City such expenditures will take lease and rent rates out of the low to moderate income range. Also, in determining suitability for rehabilitation the 25-50% rule shall come into play as follows: (2) When the rehabilitation of the dwelling is 25% or less of the total structure, the rehabilitation can be performed to the level of the codes in place at the time of original construction. But, if the rehabilitation will affect 25% to 50% of the total dwelling, the rehabilitation shall comply to all codes in place to date. It is the City's opinion that the 25%-50% rule is necessary to insure the health, safety, and welfare of tenants of rehabilitated properties. Exception for criteria of suitability: (1) In the case of an owner occupied substandard dwelling, the 25-50% rule shall not apply. The 50% fair market value may be exceeded upon request of the Rehabilitation Officer. C. Form of Appeal If an owner of a substandard dwelling wishes to appeal the decision of the Building Official on the suitability for rehabilitation ruling, he may do so by the following procedure: (1) Present the Building Official with appraisal of the property by a licensed Real Estate Appraiser. (2) Present the Building Official with signed estimates for work to be done by licensed and bonded contractors for the full cost of the rehabilitation. (3) Exception to (2) - For owners of substandard dwelling who are going to live in the rehabilitated dwelling, the Building Official will consider owners written estimates for rehabilitation. Section 2. Chapter 14, Section 14-52 (3) of the Code of Ordinances of the City of Beaumont be, and the same is hereby amended to read as follows: Sec. 14-52 Standards for repair, removal or demolition. (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 the 1991 Standard Housing Code of this chapter. Repairs to such structures shall be completed within a period not exceeding 120 days from the date of initiating a work program. Failure to comply with the provisions of said code 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. Section 3. 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 portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violated 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 // day of t _, 1991. d� - Mayor -