Loading...
HomeMy WebLinkAboutORD 73-25LN/gh/2/28/73 n �- ORDINANCE NO. 73-25 ENTITLED AN ORDINANCE AMENDING CHAPTER 12A OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, BY ADDING A NEW ARTICLE III CONCERNING DANGEROUS STRUCTURES; PROVIDING FOR THE REMOVAL, REPAIR OR DEMOLITION OF ANY BUILDING OR STRUC- TURE WHICH IS OR THREATENS TO BE A PUBLIC NUI- SANCE, DANGEROUS TO THE HEALTH, SAFETY OR GENERAL - WELFARE OF THE PEOPLE OF THE CITY OF BEAUMONT; DEFINING DANGEROUS STRUCTURES; DECLARING SAID DANGEROUS STRUCTURES TO BE A PUBLIC NUISANCE; PROVIDING FOR NOTICE; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. Chapter 12A of the Code of Ordinances of the City of Beaumont, Texas,is hereby amended by adding a new Article III to read as follows: d-73-.25 ARTICLE III. DANGEROUS STRUCTURES "Sec. 12A-19. Dangerous Structures Defined. "All structures, dwellings, dwelling units, accessory structures, which have any or all of the following defects shall be deemed dangerous structures: "(A) All buildings and structures whose walls or other verticle structural members list, lean or buckle in excess of 3/4 inch of horizontal measurement for each foot of verticle measure- ment. "(B) All buildings or structures which show thirty- three (33%) per cent or more damage or deterio- ration of the supporting members, or fifty (50%) per cent or more damage or deterioration of the non -supporting or outside walls or coverings. V-3 - 73 :IA "(C) All buildings or structures which have parts thereof which are so attached that they may fall or injure members of the public or property. "(D) All buildings and structures which by reason of dilapidated or deteriorated conditions, or unsafe or defective electrical wiring devices, or equipment or unsafe or defective gas piping or appliances.- are liable to cause or promote fires. "(E) All buildings and structures which have"been X. damaged by fire, explosion, wind, vandal s , 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.. "(F) Those which have become so dilapidated, decayed, unsafe, unsanitary or which utterly fail to pro- vide amenities essential to decent living 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. "(G) Those buildings and structures existing in violation of any provision of the Building Code of the City of Beaumont or any provision of The City of Beaumont Fire Code or other ordinances of the City of Beaumont, to such an extent that they are dangerous to the health, safety, and welfare of the citizens of Beaumont." -2- "Sec. 12A-20. Dangerous Buildings -Nuisances. "All 'dangerous buildings' within the terms of Section 12A-19 are hereby declared to be public nuisances and shall be repaired, vacated or de- molished as hereinafter provided." "Sec. 12A -21.', -Standard for repair, vacation, or demolition. "The following standards shall be followed in sub- stance by the chief enforcement officer or his designate and the City Council in ordering repair, vacation or demolition of a 'dangerous structure' within the terms of Section 12A-19 of this Ordinance. 1. If after inspection by the chief enforce- ment officer or his designate and support inspections from other concerned depart- ments or divisions, if necessary, and if a determination is made that the building is a dangerous structure, the owner shall be ordered by letter to repair or demolish said structure within thirty (30) days from the date of said letter. 2. If a permit to repair or demolish said structure is not obtained from the Building Inspections Department and repairs or demolition commenced within thirty (30) days of the date of the letter provided for in Section 21A-21 (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 at the cost of the owner. 3. Upon receiving notice from the Building Inspection Department that a structure has not been demolished in compliance with the Code of Ordinances, the chief enforcement officer or his designate 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 at the cost of the owner. -3- 4. If a'structure is repaired such that it is no longer a 'dangerous structure' under the terms of this ordinance the structure. shall remain posted as provided in Section 12A -5(e) of the Minimum Housing Code and boarded up and shall not be occupied until such time as said structure is brought into compliance with the Minimum Housing Code. 5. Any vacant structure found to be.a 'dangerous structure' as defined herein or substandard under the Minimum Housing Code.shall be posted as provided in Section 12A -5(e) of the Minimum Housing.Code to prevent occupancy. 6. All notices as provided herein shall be ser- ved by delivering same to the owner or agent in person, or by mailing the.same 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, -,6r structure. -� 7. If upon hearing, the City Council finds that the.building or structure is in violation of Section 12A=19 ".hereof, the Council shall order the structure to be razed, removed or repaired at., such time and under such condi- tions 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 ther-e;i�'n} stipulated,' shall be deemed guilty of- -a misdemeanor and punished as provided in this code. 8. 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 or removed 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 of Beaumont belonging to the owner of such building or structure." "Sec. 12A-22. Abatement of building or structures constituting a clear and present danger to the public safety. "Notwithstanding all other provisions of this ordi- -4- nance, nothing herein shall be deemed a limitation on the duty of the City of Beaumont to summarily order the demolition of any building or structure where it is apparent that the immediate demolition.of such building or structure is necessary for the preser- vation of life and property in the City of Beaumont." "Sec. 12A-23. -Enforcing Officer --Powers and Duties. "The Housing and Environmental Control Administrator, or his designate, hereinafter referred to as 'Enforcing Officer', is charged with the duty of enforcing this ordinance. I. 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 ordinance in the following manner_: (a) The chief 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 Sec. 12A-19 of this ordinance. 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 ordinance. =5- I (c') The enforcing officer shall notify in writing, by certified mail, the owner and all persons having an interest in said building, as shown by the tax rolls of the City of Beaumont,, of any building found by the enforcing officer -to bea 'dangerous structure' within the standards set forth in Sec. 12A-19 of this ordinance. Said notice shall state (1) a description of the building or.structure; (2) a statement of the particulars which make the building or -struc.ture a 'dangerous structure'; (3) that the owner must repair or demolish. said building or structure and'(4)'that any person notified under this subsec- tion to repair or demolish any building or structure shall be given reasonable time, as provided in the Code of -Ordi- nances to do or have done the work -required by the notice."- - "Sec. 12A-24. Assistance by other departments. "The chief enforcement officer is to seek the assist- ..� c e o f- - ance of the Fire Department, the Health Department and the Building Inspection Department in order to effectively enforce the terms .of this ordinance, and said departments are to assist the enforcing officer in -any way possible in said enforcement." "Sec. 12A-25. No utilities to vacant dwellings. "No wa"ter,.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 ordinance." "Sec. 12A-26. 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 6- No Text