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HomeMy WebLinkAboutORD 94-15 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 14 TO ADD REGULATIONS CONCERNING THE SECURING OF UNOCCUPIED BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 14 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to amend Section 14-52(6) to read as follows: "Section 14-52(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. If the owner obtains a permit and voluntarily demolishes his/her structure under this program, such owner shall be exempt from payment of the landfill disposal fee for the debris resulting from such demolition." Section 2. That Chapter 14 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add Section 14-58 to read as follows: "Section 14-58. "(a) Purpose. An owner or person in control of an unoccupied building shall insure that the building is in such condition that an unauthorized person cannot enter into it through missing or unlocked doors or windows, or through other openings into the building. The City of Beaumont may secure unoccupied,unsecured structures after the owner(s) fail to do so after reasonable notice. A lien may be filed on the structures to assure recovery of the cost of securing. "(b) Definitions. An unsecured unoccupied building is hereby defined to be any structure that currently has no legitimate occupant or tenant and which has missing or unlocked doors or windows, or other unsecured openings into the building through which unauthorized persons can enter. Any unoccupied unsecured building is hereby declared to be a danger to the public health and safety. "(c) Notice. Whenever it is found that an unoccupied building is in such condition that an unauthorized person can enter it through missing or unlocked doors or windows or other openings, the City shall cause a written notice or "Notice to Secure" to be given to the owner of the property as such owner appears on the tax rolls of the City of Beaumont or to the person having the control over the property. Such notice shall be in writing and shall be given by depositing the notice in the United States mail addressed to the owner at the owner's post office address. If personal service cannot be obtained and the owner's post office address is unknown, notice may be given by publishing such notice at least twice within a ten (10) day period in a newspaper of general circulation in Jefferson County. If personal service cannot be obtained and the owner's post office address is unknown, notice may be obtained by posting the notice on or near the front door of the building. The notice must contain the following information: "1. An identification which is not required to be a legal description of the building and property on which it is located; "2. The description of the violation of the municipal standards that are present at the building; "3. A statement that the municipality may secure the building within thirty (30) days of the date of notice; and, "4. An explanation that the owner is entitled to request a hearing within such thirty (30) day period concerning any matter relating to the municipality's proposed securing of the building. - 2 - "(d) Compliance with the provisions concerning the securing of unoccupied structures does not relieve the owner or occupant of the structure from the requirement to comply with other provisions of the dangerous structures ordinance. "(e) Appeal. If the owner requests a hearing about the structure, the municipality shall conduct such a hearing at which the owner may testify or present witnesses or written information about any matter relating to the proposed securing of the building by the City. The hearing shall be conducted within twenty (20) days after the day the owner files a written request for such hearing. The hearing shall be before a hearing officer designated by the City Manager for such purpose. "(f) Offenses. An owner who fails to timely comply with a notice to secure as set out herein shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two thousand dollars ($2,000.00). Each day's failure to comply after the expiration of the notice period shall constitute a separate offense. "(g) If the owner fails to comply with a notice to secure, the City may order the boarding up of all openings so as to prevent entry or the reasonable securing of the structure by any other reasonable fashion and may assess the expenses of such securing as a lien on the property as allowed by Section 214.0011(f) of the Local Government Code." 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. - 3 - Section 4. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. 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 the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2: day of / �'�Gt � , 1994. - Mayor - - 4 -