HomeMy WebLinkAboutORD 94-14 ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 10 OF
THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT CONCERNING THE PROCEDURES FOR
ORDERING CERTAIN DANGEROUS STRUCTURES TO BE
REPAIRED, RAZED, OR SECURED; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 10, Sections 10-3(a) and (b), of the Code of Ordinances of the City
of Beaumont be and the same are hereby amended to read as follows:
"Section 10-3.
"(a) When any such report is filed with the City Manager,the City
Manager may issue or cause to be issued a notice in writing to the
owner of such building, structure or premises to appear before the
City Council at a time to be named in such notice to show cause,
if any, why such building or structure should not be razed or
removed, or the conditions existing in or about any premises
covered by such report should not be remedied. Such notice shall
be served by delivering the same to such 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, structure or premises. Such
notice shall be personally served or mailed or posted not less than
ten (10) days before the time for appearance before the council, as
therein stipulated.
"(b) If upon hearing by the Council at the time named in such
notice it shall be found by the Council that any such building or
structure is, for want of repairs or by reason of age or dilapidated
condition, or from any cause liable to cause or promote fires or is
otherwise dangerous to persons or other buildings and property,the
Council shall order such building or structure razed or removed; .
additionally, the Council can order such structure to be secured as
provided in Chapter 14 of this Code of Ordinances. The ordinance
evidencing the order of the City Council shall be served on the
owner of the premises as provided in Section 10-3(a). If the owner
fails to comply with such order within the time therein stipulated,
such owner shall be deemed guilty of a misdemeanor; provided,
however, if any such building or structure condemned by order of
the Council, as above provided, is not razed or removed or secured
within the time and under the conditions specified in such order,
.then the City Manager, or his designee, may, at his discretion,
proceed to have the same razed or removed or secured as provided
in Chapter 14 hereof and charge the actual expense thereof to the
owner and such cost and expense shall be and constitute to the
extent allowed by law a lien upon 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, and such cost and expense shall be recoverable and such
lien enforced by the City, as in the case of any debt and lien in
favor of the City. 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 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 3.
All ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 4.
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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 theday
of , 1994.
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