Loading...
HomeMy WebLinkAboutORD 10-059 ORDINANCE NO. 10-059 ENTITLED AN ORDINANCE AMENDING CHAPTER 14,ARTICLE III, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 14, Article III, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to retitle Article III as follows: ARTICLE III. UNSAFE SUBSTANDARD STRUCTURES Section 2. That Chapter 14, Section 14-50, of the Code of Ordinances of the City of Beaumont be and the same is amended to read as follows: Sec. 14-50. Unsafe substandard structures defined. All vacant structures, dwellings, dwelling units, and accessory structures which have any or all of the following defects shall be deemed unsafe substandard structures. Determination of unsafe substandard structures shall be governed by the 2009 International Property Maintenance Code. Section 3. That Chapter 14, Section 14-51, of the Code of Ordinances of the City of Beaumont be and the same is amended to read as follows: Sec. 14-51. Unsafe substandard structures declared nuisances. All unsafe substandard structures within the terms of section 14-50 are hereby declared to be public nuisances and shall be repaired, removed or demolished as hereinafter provided. Page 1 Section 4. That Chapter 14, Section 14-52, of the Code of Ordinances of the City of Beaumont be and the same is amended to read as follows: Sec. 14-52. Standard for repair or demolition. The following standards shall be followed by the building official or designated enforcing officer and the city council in ordering repair or demolition of an unsafe substandard 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 structure is an unsafe substandard 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 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 an unsafe substandard structure under the terms of this article, said structure shall be brought into compliance with the provisions of the 2009 International Property Maintenance Code adopted by the city. Except as outlined in (9), 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 Page 2 who initiates a work program hereunder shall agree that unless the structure is brought into compliance with the 2009 International Property Maintenance Code it may be immediately brought before city council for condemnation order without further notice. (4) Any vacant structure found to be an unsafe substandard 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, or allow others to occupy, a structure that has been tagged as an unsafe substandard structure in accordance with this section. It shall be unlawful for any person to violate or fail to comply with any provision of this code. Each such person deemed guilty of a violation shall be punished by a fine not exceeding two thousand dollars($2,000.00); provided,where such fine is for an offense for which the state law imposes a fine, the fine imposed by the municipal court shall be the same as the fine for each such like offense under the state law. Each day any violation of any provision of this code continues after due notice has been served shall constitute a separate offense. (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 structure. (6) If, upon hearing, the city council finds that the 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 his/her agent shall forthwith comply with said order of the city council. Any owner or his/her agent who fails 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 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 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 Page 3 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 structure was situated, and upon all other property situated in the city belonging to the owner of such structure. a. The lien obtained by the city is security for the expenditures made and interest shall accrue at the rate of ten (10)percent annually on the unpaid balance due from the date of payment by the city. b. The city may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due. C. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city in doing the work or making the improvements and of proper notices as required by this article. d. The governing body of a city may foreclose a lien on property under this section in a proceeding relating to the property brought under subchapter E, chapter 33, Texas Tax Code. (8) Judicial review of council's order shall be governed by sec. 214 of the Texas Local Government Code. (9) Structures that have been tagged as an unsafe and/or substandard structure, which may be of historical significance, shall be provided reasonable time for repairs and/or restoration. In order to qualify under the historical structure requirement, the structure must meet one (1) of the following criteria: a. Existing or proposed recognition as a national historic landmark, or state historic landmark, or entry, or proposed entry into the national register of historic places. b. Identification as the work of a designer, architect or builder whose work has influenced the growth or development of the city. C. Embodiment of elements of architectural design, detail, materials or craftsmanship which represents a significant architectural Page 4 innovation or an outstanding example of a particular historical, architectural or other cultural style or period. d. The determination if a structure meets criteria b or c shall be determined by the historic landmark commission. e. The process for obtaining a historical designation will include the submittal of an application to the planning division. An application for an amendment to the zoning ordinance shall also be submitted with the historical designation application. A letter to be included with the application shall provide the necessary documentation that supports at least one (1) of the above criteria. Additional information may be submitted or requested by the city that may be appropriate to support or verify the historical designation. f. The property owner of a tagged structure that meets one(1)or more of these criteria will be provided one (1) year from the date the structure is tagged to substantially complete repairs, as currently defined by the city, and one (1) additional year to obtain a certificate of occupancy(CO), provided the city's historic landmark commission approves a detailed work program outlining the work to be preformed and a timeline for completion. If either one of these time frames is not met, the structure may be razed. Section 5. That Chapter 14 of the Code of Ordinances of the City of Beaumont is hereby amended by adding Section 14-52.1 to read as follows: Sec. 14-52.1. Standard for repair -- residential structure. Standard for repair of a residential structure shall comply with Appendix J, Existing Buildings and Structures,of the 2009 International Residential Code. Section 6. That Chapter 14 of the Code of Ordinances of the City of Beaumont is hereby amended by adding Section 14-52.2 to read as follows: Page 5 Sec. 14-52.2. Commercial unsafe substandard structures. All commercial unsafe substandard structures shall be repaired or replaced to comply with the 2009 International Building Code and the 2009 International Existing Building Code as required for existing buildings. Section 7. That Chapter 14, Section 14-53, of the Code of Ordinances of the City of Beaumont be and the same is amended to read as follows: Sec. 14-53. Abatement of 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 to summarily order the demolition of any vacant structure where it is apparent that the immediate demolition of such structure is necessary for the preservation of life and property in the city. Section 8. That Chapter 14, Section 14-54, of the Code of Ordinances of the City of Beaumont be and the same is amended to read as follows: 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 unsafe substandard structure or in the making of plans and specifications 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. Page 6 (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 structures of any kind which are unoccupied or apparently abandoned, for the purpose of determining whether any condition exists which renders such place an unsafe substandard structure within the terms of section 14-50. (b) The enforcing officer shall inspect any structure about which a complaint is filed by any person to the effect that a structure is or may be existing in violation of this article. (c) 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 structure found by the enforcing officer to be an unsafe substandard structure within the standards set forth in section 14-50. Said notice shall state (i) a description of the structure; (ii) a statement of the particulars which make the structure an unsafe substandard structure; (iii) that the owner must repair or demolish said structure; (iv)that any person notified under this subsection to repair or demolish any 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. (d) The enforcing officer shall also file a notice of declaration of unsafe substandard 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 an unsafe substandard structure, may not be lawfully occupied, is subject to demolition and may not be eligible for building permits necessary to rehabilitate the structure. Page 7 Section 9. That Chapter 14, Section 14-55, of the Code of Ordinances of the City of Beaumont be and the same is amended to read as follows: Sec. 14-55. Assistance by other departments. The enforcement officer is to seek the assistance of the fire department, the health department, and the 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 10. That Chapter 14, Section 14-56, of the Code of Ordinances of the City of Beaumont be and the same is amended to read as follows: Sec. 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 an unsafe substandard structure which is or becomes vacant until such dwelling unit or rooming unit has been brought into compliance with the provisions of this article. Section 11. That Chapter 14, Section 14-57, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed. Section 12. That Chapter 14, Section 14-58, of the Code of Ordinances of the City of Beaumont be and the same is amended to read as follows: Sec. 14-58.Securing of unoccupied structures and method of securing. (1) An owner or person in control of an unoccupied structure 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 Page 8 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. (2) 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. (3) 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 notice cannot be obtained by United States mail or 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 notice cannot be obtained by mail or the owner's post office address is unknown, notice may be obtained by posting the notice on or near the front door of the structure The notice must contain the following information: (a) An identification which is not required to be a legal description of the structure and property on which it is located; (b) The description of the violation of the municipal standards that are present at the building; (c) A statement that the municipality may secure the building within thirty (30) days of the date of notice; and (d 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. (4) Compliance with the provisions concerning the securing of unoccupied structures does not relieve the owner or occupant of the structure from the Page 9 requirement to comply with other provisions of the "Unsafe Substandard Structure" ordinance. (5) If the owner requests a hearing about the structure, the municipality shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the proposed securing of the structure 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. (6) 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. (7) 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 Texas Local Government Code. (8) Method of securing unoccupied structures shall be governed by the 2009 International Property Maintenance Code Appendix A. Section 13. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 14. That if any section, subsection, sentence, clause of 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 Page 10 ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 15. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 16. That any person who violates any provision of this ordinance shall, upon conviction, be punished by a fine not exceeding Two Thousand Dollars ($2,000). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of August, 2010. i �y,11� I - Mayor Pro Te . L. Pate, Jr. - Page 11