HomeMy WebLinkAboutORD 05-019 ORDINANCE NO. 05-019
ENTITLEDAN ORDINANCE AMENDING CHAPTER 14; REPEALING
SUBSECTIONS 14-50(b)AND (c); AND AMENDING SECTIONS 14-
52 (1), (2), (3), (4), (6)AND (7), 14-54 AND 14-55 OF THE CODE OF
ORDINANCES OF THE CITY OF BEAUMONT PERTAINING TO
DANGEROUS STRUCTURES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT subsections 14-50(b) and (c) of the Code of Ordinances of the City of Beaumont be
and the same are hereby repealed.
Section 2.
THAT Chapter 14, Section 14-52 (1), (2), (3), (4) and (6) and (7); Section 14-54 and 14-55
of the Code of Ordinances of the City of Beaumont be and the same are hereby amended
to read as follows:
Sec. 14-52. Standard for repair or demolition.
The following standards shall be followed in substance by the Building Official or
designated enforcing officer and the City Council in ordering repair or demolition of a
"dangerous structure" within the terms of section 14-50:
(1) If, after inspection by the Building Official or designated enforcing officer and
support inspections from other concerned departments or divisions, if
necessary,a determination is made that the building is a dangerous structure,
the Building Official or designated enforcing officer shall tag the structure and
the owner shall be ordered by a certified letter to contact the Building Official
or the designated enforcing officer within fifteen (15) days from the date of
said letter. The owner shall be ordered, by letter, to enroll in an official work
program to repair the structure or demolish said structure within thirty (30)
days.
(2) If a permit to repair or demolish said structure is not obtained from Building
Codes and repairs or demolition are not completed within forty-five (45)days
of the date of the letter provided for in subsection (1) above, the Building
Official or designated 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. Building
permits issued to repair a structure under an official work program shall have
the same expiration date as the work program.
(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 current International Property Maintenance Code
adopted by the City. Repairs to such structures shall be completed and a
Certificate of Occupancy issued within a period not exceeding one hundred
fifty (150) days from the date of initiating a work program. Failure to obtain
substantial completion, as defined in the work program, within ninety (90)
days from the date of initiating said program or failure to obtain a Certificate
of Occupancy within the one-hundred fifty(150)day period,the structure may
be brought before the City Council for a condemnation order without further
notice to the owner. Owner who initiates a work program hereunder shall
agree that unless the structure is brought into compliance with the City's
current International Property Maintenance Code it may be immediately
brought before City Council for a condemnation order without further notice.
(4) Any vacant structure found to be a "dangerous structure" as defined herein
or substandard under Article III shall be posted as provided in section 14-50
to prevent occupancy. It shall be unlawful for any person to occupy a structure
that has been tagged as a "dangerous structure" in accordance with this
section.
(6) If, upon hearing, the City Council finds that the building or structure is in
violation of section 14-50 hereof, the City Council shall order the structure to
be razed or repaired at such time and under such conditions as the City
Council may, in its discretion, stipulate at said hearing. Such owner or agent
shall forthwith comply with said order of the City 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.
(7) If any such building or structure condemned by the order of the City Council,
as provided herein, is not razed or repaired within the time and under the
condition specified in such order, the council may, at its discretion, proceed
to have the same, razed and charge the actual expense to the owner of the
real estate or lot as shown on the tax roll. A statement of expenses incurred
by the City in the demolition and removal of such building or structure under
this section shall be mailed to the property owner shown on the tax roll at the
time of service. The statement of expenses shall, in addition to giving the
amount of such expense, provide the date upon which such work was done,
and description of the lot or premises upon which such work was done.
Payment is due and is considered delinquent if not received by the City within
thirty (30) days. If payment is not made within ninety (90) days, the City's
authorized agent is hereby authorized to charge such costs and expenses as
a lien against 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.
Sec. 14-54. Enforcing officer--Powers and duties.
The Building Official or his or her 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, as shown by the tax rolls
of the City, in 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
"dangerous structure"; (iii)that the owner must repair or demolish said
building or structure; (iv)that any person notified underthis subsection
to repair 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; and (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.
The enforcing officer shall also file a notice of declaration of
dangerous structure in the deed records of Jefferson County, Texas.
Such notice will provide lawful notice to any proposed purchaser of the
property that the structure thereon has been declared a dangerous
structure, may not be lawfully occupied, is subject to demolition and
may be eligible for building permits necessary to rehabilitate the
structure.
Sec. 14-55. Same--Assistance by other departments.
The enforcement officer is to seek the assistance of the fire department, the health
department, and police 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 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.
All ordinances or parts of ordinances in conflict herewith, including conflicting
portions of the City Budget, 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 8th day of
February, 2005.
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