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HomeMy WebLinkAboutORD 24-067ORDINANCE NO, 24-067 ENTITLED AN ORDNANCE AMENDING ARTICLE 24.09 OF THE CITY OF BEAUMONT'S CODE OF ORDINANCES, 24.09 VACANT BUILDING REGISTRY 24.09.001. Vacant structures, a. Definitions. The following words, terms and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Floor plan shall mean a diagram that accurately and clearly provides a two -din -tensional, bird's-eye view of a room or building. This includes the means of egress that leads to all exits, stairways, attic and roof access points, fire walls and fire escapes. This diagram shall also show the location of electrical main service and disconnect for emergency personnel. Owner shall mean any person, partnership, association, corporation, fiduciary or other legal entity having legal or equitable title or interest in the real property regulated by this article. There is a rebuttable presumption that the Jefferson County Appraisal District records identify the owner of the property and the owner's address. The duties and obligations in this section shall be joint and several among all owners identified. Properly maintain shall mean to maintain a vacant building and the property where it is located in a clean, safe, secure, and sanitary condition and to take all necessary actions to keep the building and property in firll compliance with all federal, state and local laws, It shall also mean that any fire safety system installed in the vacant building shall remain fully operational during vacancy. Secure shall mean all openings of the building are effectively kept closed to prevent access to the interior by animals, unauthorized persons, and the elements. Measures for securing may include repairing fences and walls, chaining and locking gates, and repairing or boarding windows, or other openings, as required by the Planning and Community Development Director, or their designee. Vacant building shall mean real property with one or more structures, whether residential, commercial, industrial, or otherwise that is unoccupied or is occupied by unauthorized persons. In the case of a multi -tenant structure or complex, vacant shall mean fifty percent (50%) or more of the units are unoccupied or occupied by unauthorized persons, including the ground level or first floor of a structure. There is a presumption of vacancy if all lawful uses in the buildings or structures have ceased or reasonably appear to have ceased for more than sixty (60) days from the date this ordinance is adopted. Existing vacant structures, as defined herein, shall be required to register within sixty (60) days of the date this ordinance is adopted. 24,09,002. Applicability and administration. a. This section shall apply to all vacant structures, as defined in this section, which are now in existence, or which may hereafter be constructed or converted from other uses, and which are located within the boundary of the Central Business District (CBD) and Lower Calder Avenue area. Lower Calder Avenue area shall mean all lots abutting the right-of-way of Calder Avenue extending from Main Street heading west to the easternmost right-of-way line where Calder Avenue intersects South Eleventh Street: Being Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, Block 3, and Lots 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, Block 4, and Lots 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, Block 21, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, Block 22, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, Block 27, and Lots 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and the South 85' x 100' of Lot 25 and 26, Block 28, and Lots 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and an abandoned part of 9th Street, Block 44, and the northern 90' of Lot 1 and 2 and all of Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, Block 45, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and part of 20, and all of 21, 22, Tract 1, Block 50, and Lots 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, Block 51 of the Averill Addition, Beaumont, Jefferson County, Texas; and, Being Lots 9,10, 11, 12, 13, Block 4, Lots West `/z of 5, 6,7, 8, Block 6, and Lots 1, 2, 3, 4, 5, 6, 7, 8, Block 7, and Lots 1, 2, 3, 4, 5, 6, Block 8, Lots 1, 2, 3, 4, 5, 6, Block 9, and Lots 1, 2, 3, 4, 5, 6, Block 10, and Lots 2, 3, 4, 5, 6, Block 11, and Lots 1, 4, 5, 6, 7, 8, 9, 10, Block 37, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, Tract 2, Block 38, and Lots 5, 6, 7, 8, 9, 10,11, 12, Block 39, and Lots 7, 8, 9, 10, 11, Block 40 of the Calder Addition, Beaumont, Jefferson County, Texas; and, Being Lots 7,8 , 9,10, 11, Block 11, and Lots 7, 8, 9, 10, 11 ,12, Block 12, and Lots 7, 8, 9, 10, 11, 12, Block 13, and Lots 7, 8, 9, 10, 11, 12, Block 14, and Lots 7, 8, 9, 10, 11, 12, Block 15, and Lots 1, 2, 3, 4, 5, 6, 7, Block 16, and Lots 1, 2, 3, 4, 5, 6, Block 17, and Lots 1, 2, 3, 4, 5, 6, Block 18, and Lots 1, 2, 3, 4, 5, 6, Block 19, and Lots 3, 4, 5, 6, Block 20 of the Calder Addition, Beaumont, Jefferson County, Texas. County, State and Federal -owned buildings are exempt from the requirements of this article. a. The Planning and Community Development Director, or their designee, is authorized to administer and enforce the provisions of this article. c. The Planning and Community Development Director, or their designee, shall have the authority to interpret this division and to adopt policies and procedures to clarify the application of its provisions. d. This article shall not apply to a vacant building that; L Has a valid open building permit for construction, remodeling or repair and demonstrating progress as it relates to the scope of work disclosed in the building pewit; e. Nothing contained herein shall limit the City's authority to enforce its ordinances. Submittal or acceptance of an application hereunder shall not be considered evidence of or authorization of continued nonconformity in conflict with the City's zoning regulations. 24.09,003. Registration required. a. Within sixty (60) days of any structure becoming a vacant building, or if vacant at the time of adoption of this ordinance, within sixty (60) days of adoption, the owner shall register that building by completing and filing with the Planning and Community Development Director registration on a form as prescribed by the Planning and Community Development Director, or their designee, and remitting to the City the required registration and inspection fee as set forth in Section 24.09.004. b. The registration form shall include the following information: i. The common name of the property, if any, the exact street address of the property, the primary intended use of the property and the number of units and/or suites in each building on the property. ii. An identification of the owner (s) by fiill name, telephone number, mailing address, and e-nail address. The railing address may not be a P.O. Box. if the property is owned by a corporation, bank, limited liability company, partnership, limited partnership, trust or real estate investment trust, the name and address of any of the following shall be provided: 1. For a corporation, a corporate officer and the Chief Operating Officer; 2. For a bank, the Bank President and the Chief Operations Manager; 3. For a partnership, the Managing Partner; 4. For a limited liability company, the Managing or Administrative Member; 5. For a limited partnership, a General Partner; 6. For a ttirst, a Trustee; or 7. For a real estate investment trust, a General Partner or an Officer. iii. The name, telephone number, and e-mail address of the designated local property manager for the property. iv. A completed letter of intent shall be updated and submitted to the Planning and Community Development Director every six (6) months detailing the following: 1. The amount of time that the building is expected to remain vacant; 2. Marketing efforts and/or planned improvements to render the building occupied or to increase the likelihood that the building will become occupied; 3. A plan and timetable for correcting all current violations of City ordinances and state and federal law at the building or its premises. If the owner has entered a work program, they shall abide by the prescribed timeline of the signed program; 4. A plan for regular maintenance of the building during vacancy in compliance with City ordinances and state and federal law; 5. The measures that will be taken to reduce the adverse impact on the properties surrounding the vacant building during its vacancy, including provisions for lighting, security patrols or security camera system, alarm systems and fire suppression systems or more. Vacant structures within the Central Business District and Lower Calder Avenue area shall, at mir-iimurrr, provide adequate exterior lighting to the building and its premises, and install and maintain a functioning security camera system or employ security patrols during flight hours, and install and maintain functioning burglar and fire alarms; A. Electricity nnay be released to a vacant structure within the Central Business District and Lower Calder Avenue area are to power approved security measures. The final release of electricity to a vacant structure shall be subject to approval by the Building Official to ensure proper installation of electrical equipment and safety. B. Electrical equipment shall not be visible from the street right-of-way unless it is determined that there is no other feasible means by which to power the approved security measures. 1. If the equipment must be visible, it shall be affixed to the building in a manner prescribed by the adopted codes and subject to approval by the Building Official. 5. Confirii-iation of a criminal trespass affidavit, which shall be filed by the owner with the Beaumont Police Department. Said property owner shall post "No Trespass" placards that comply with Texas Penal Code subsection 30.05(b)(2)(C); and 6. The measure the owner will take to monitor and inspect the vacant building and premises on at least a weekly basis; such inspection must be performed by a person at 18 years old and authorized by the owner to make decisions regarding the day-to-day supervision, management and nnaintenance of the vacant building. V. A complete floor plan of the property for first responders in case of a call for service or catastrophic event. vi. Confirmation that the owner has scheduled an inspection by the City and that the inspection will occur within sixty (60) days from the date of registration. c. Within sixty (60) days, the owner of a vacant structure shall provide written notice to the Planning and Community Development Director, including a copy of the deed, of a change in: i. Ownership of the property; or ii. Contact information for the owner and designated property manager. d. Continued annual registration of the property by the owner of a vacant structure is required until said structure is deemed occupied and in compliance with all relevant code requirements by the Plarming and Community Development Director. e. The registration of a vacant building issued pursuant to this section is not transferable. New owners shall subunit a new registration and remit the applicable fees within thirty (30) days of transfer of ownership. f. Failure to timely register a vacant building and provide the information required in Section 24.09.003(b) is a violation of this section. 24.09.004. Pees. a. At the time of registration, the owner shall tender an annual registration fee and annual inspection fee. The registration fee shall be six hundred ($600.00) dollars for the first year and shall increase by half the total fee for each subsequent year (e.g., the fee in year 1 shall be $600.00; year 2 shall be $900.00; year 3 shall be $1,350.00; etc.). The registration fee shall not exceed $20,000.00. The annual inspection fee shall be fifty ($50.00) dollars, plus one cent ($0.01) per square foot of the vacant building listed on the Jefferson County Appraisal District. Registration shall be issued for a twelve (12) month terns beginning on the date of issuance. b. Subsequent annual registration and inspection fees are due no later than the anniversary date of the issuance of the permit. Annual registration not completed before the expiration of the current permit is subject to a one hundred fifty -dollar ($150.00) late fee per month if the building remains unregistered and shall not be prorated. The beginning of the month shall be the 1" day of each month. 24,09.005. Property manager. a. The owner of a vacant structure, who does not reside within the City limits must designate a local property manager for said properties and include the relevant contact information for the designated property owner upon registering the property with the department. Designated property managers shall act as agents for the property owner for accepting legal service; however, the vacant property owner remains liable in criminal prosecutions for all code violations. b. The property manager must be available at the number listed in the event of an emergency or catastrophe at all times. For all vacant properties except for single- family residential structures, the name and telephone number of the property manager must be posted at the front of the building in Large, legible print. c. Failure to disclose or update the property manager's information to the Planning and Community Development Director, or their designee, is a violation of this section. 24,09.006. Standard of care fox• vacant property. a. The standard of care, subject to approval by the Planning and Community Development Director, or their designee, shall include, but is not limited to: i. Protective treatment. All exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition, weathertight, and in such condition to prevent the envy of rodents and other pests. All exposed wood or metal surfaces subject to rust or corrosion, other than decay resistant woods or surfaces designed for stabilization for oxidation, shall be protected from the elements and against decay or rust by periodic application of weather coating materials such as paint or similar surface treatment. All surfaces with rust or corrosion shall be stabilized and coated to inhibit fixture rust and corrosion. Oxidation stains shall be removed from exterior surfaces. All siding, cladding and masonry joints, between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and watertight. ii. Premises identification, The property shall have address numbers placed in a position to be plainly legible and visible from the street or road fronting the property, These numbers shall contrast with their background. Address numbers shall be Arabic numerals. Numbers shall be a minimum of four (4) inches high with a minimum stroke width of one-half (1/2) inch. All buildings shall display a vacant building placard as required by the Planning and Community Development Director. iii. Structure. All structural members and foundation shall be maintained free fron-i deterioration and capable of safely supporting the imposed loads. iv. Exterior walls. All exterior walls shall be kept in good condition and shall be free from holes, breaks, and loose or rotting materials. Exterior walls shall be maintained weatherproof and properly surface coated where necessary to prevent deterioration. V. Roof and drainage. The roof and flashing shall be sound, tight, and not have defects that admit rain. Roof drainage shall be adequate to prevent accumulation, dampness or deterioration. Roof drains, gutters and downspouts shall be maintained in good repair, free from obstructions and operational. vi. Decorative features. All cornices, belt courses, corbels, applications, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. vii. Overhang extensions and awnings. All overhang extensions including canopies, marquees, signs, awnings, and fire escapes shall be maintained in good repair and properly anchored and supported to be kept in a sound and safe condition. viii. Stairways, decks, porches and balconies. All exterior stairways, decks, porches, and balconies, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. ix. Chimneys and towers. All chimneys, cooling towers, smokestacks and similar appurtenances shall be maintained structurally safe and sound, and in good repair. X. Handrails and guards. All exterior handrails and guards shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. xi, Window, skylight and door. All windows, storefronts, skylights, and exterior door parts, including the frame, trine, window screens and hardware, shall be kept in sound condition and good repair. All broken or missing windows shall be replaced with glass and secured in a maimer so as to prevent unauthorized entry. All broken or missing doors shall be replaced with new doors which shall be secured to prevent unauthorized entry. All glass shall be maintained in sound condition and good repair. All exterior doors, door assemblies and hardware shall be maintained in good condition and secured. Locks at all exterior doors, exterior attic access, windows, or exterior hatchways shall tightly secure the opening. Windows and doors shall not be secured by plywood or other similar means mounted on the exterior except as a temporary securing measure, and the same shall be removed within a period of time designated by the Planning and Community Development Director. Boarding and securing shall not exceed one (1) year. xii. Basement hatchways and windows. All basement hatchways shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against entry of rodents. xiii. Both interior and exterior areas of the property shall be kept free of accumulations of junk, trash, debris, combustible or other materials such as would constitute an unsafe, unsanitary or unsightly condition or appearance. Owners of vacant structures shall remove all combustibles as defined by the Fire Code. b. All repairs shall be subject to approval by the Plaiming and Community Development Director, or their designee. All required permits and final inspections prior to and/or following repairs shall be in accordance with applicable laws and rules. Historic properties and properties within the Central Business District and Lower Calder Avenue area are additionally subject to all applicable rules and regulations as required by federal, state and local laws and regulations. c. Failure to maintain a vacant structure or premises thereof to the standard of care specified by the Planning and Community Development Director, or their designee, is a violation of this section. 24.09.007, Fee Waivers. a. All fee waivers must be applied for, using the forms provided amivally, and are subject to City Council approval. A fee waiver is only valid for twelve (12) months. i. Property which has been devastated by a catastrophe such as fire or flood. The owner has sixty (60) days to register from the date of disaster but may be exempt ftorn the fees. This exemption is for one (1) year from the date of catastrophe; thereafter, all applicable fees are due. Photos or other forms of proof may be required by the Planning and Conu unity Development Director, or their designee, if proof of catastrophe is necessary. ii. Where the owner of the property has obtained a building permit and is progressing in an expedient manner to prepare the premises for occupancy, the owner must register the property and is otherwise subject to this article but may be exempt from the registration fees. iii. if an inspection finds that the property owner has maintained the property to the standard of care required of this article and in core-ipliance with all applicable codes and laws, the owner shall still be required to register the property, but the registration fee shall be waived. Registration fees shall be waived until a violation of any applicable code, law, or regulation is discovered by a mandatory inspection. iv. Fee waiver periods will count toward the registration fee calculation as outlined in Section 24.09.004(a), and the registration fees owed after a fee waiver period ends shall be assessed as outlined in subsection (a). 24,09,008, Property inspections. a. For the purpose of ascertaining whether the vacant building is being maintained in compliance with this section and any other applicable City, State, and Federal codes, the Planning and Connnunity Development Director, or their designee, is authorized at a reasonable time to inspect: i. The exterior of a vacant structure; ii. The interior of a vacant structure, if the permission of the owner, operator, property nhanager, or other person in control of the building is given or a warrant is obtained; and iii. The property upon which a vacant structure is located. b. At the time of registration, the owner shall schedule an inspection of the vacant structure by the City, to be completed within sixty (60) calendar days of registration. The Platming and Community Development Director, or their designee, shall inspect the vacant structure and surrounding property where it is located to determine if it is maintained in compliance with this article and any other applicable law. c. After the initial inspection, the Planning and Community Development Director, or their designee, shall inspect the vacant structure and surrounding property where it is located at least once during each twelve-month period that the building remains vacant. d. An owner of a vacant structure shall permit the Planning and Community Development Director, or their designee, to perform an inspection of the interior and exterior of the vacant structure and surrounding property where it is located, for the purpose of ensuring compliance with this section and any other applicable laws, at reasonable times upon request. It shall constitute a violation if the owner, either personally or through an agent or employee, refilses to permit a lawful inspection of the vacant structure as required by this section. e. If the vacant building or property where the vacant building is located is not maintained in compliance with this section or any other applicable law, tre Platming and Community Development Director, or their designee, shall issue written notice of non-compliance to the owner. The notice shall grant the owner thirty (30) days to resolve the identified violations and direct the owner to schedule a reinspection. If the owner fails or refuses to schedule a reinspection by the resolution date given in the notice of non-compliance, the Plannning and Community Development Director, or their designee, shall obtain a warrant to perform an interior inspection. A separate inspection fee, as described in Section 24.09.004, shall be charged for each reinspection. If violations are not resolved by the time of reinspection, the City n-lay seek any remedy provided by law. f Nothing herein shall limit the City's authority to request additional inspections, pursue other enforeetnlent measures, or take immediate abatement measures as otherwise allowed pursuant to City ordinances and state law. 24.09.009. Jurisdiction, enforcement, and penalties. a. Pursuant to Section 28.02.001, in addition to any other enforcement remedies that the City may have under other City ordinances or other applicable law, any person violating any of the provisions of this section is subject to a fine as provided in Section 1.01.009. Each day any violation of this article continues shall constitute a separate offense. b. Written notice of a violation of this section will precede the issuance of a citation, in which the vacant structure owner will be given a reasonable length of time, as determined by the Planning and Community Development Director, to remedy the violation. i. Written notice for violations of Section 24.09.002 shall only precede a citation for failure to connply with the initial registration rcquirenient as required by Subsection 24.09.002(a). ii. Written notice shall not be required to precede a citation for subsequent annual registration violations as required by Section 24.09,004. c. Written notice shall be issued to the owner of a vacant structure by means of personal service, or by certified nail to their last known address according to the Jefferson County Appraisal District records, and by posting on the property. d, Any minimum fine for a violation of this section will be doubled for the second conviction of the sane offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. At no time may the fine exceed the maximum fine established in Section 1.01.009. e. This is a strict liability offense in which no mental state is required. 24.09.010. Appeals. a. Appeals from a decision of the Planning and Corn--nunity Development Director, or their designee, shall be reviewed by the City Manager. The appeal shall be applied for within thirty (30) days of said decision. A decision shall be issued within fifteen (15) days thereafter receipt of the appeal. b. Appeals frozni a decision of the City Manager must be filed within thirty (30) days in receipt of said decision. The appeal shall be submitted to the City Council to review on the first available regularly scheduled Council meeting, The decision made by the City Council shall be final. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2024. 24.09 VACANT BUILDING REGISTRY 24.09.001. Vacant structures. a. Definitions, The following words, terms and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Floor plan shall mean a diagramthat accurately aimed cleat° y provides a two-dimensional, bird's -eve view of a coon) or building. This includes the means of cress that leads to all exits, stairways. attic and roof access points, fire walls and fire escapes, This diagram shall also show the location of electrical main service and disconnect for emergency personnel. 4svner shall mean any person, partnership, association, corporation, fiduciary or other legal entity having legal or equitable title or interest in the real property regulated by this article. There is a rebuttable presumption that the Jefferson County Appraisal District records identify the owner of the property and the owner's address. The duties and obligations in this section shall be joint and several among all owners identified. Properly maintain shall mean to maintain a vacant building and the property where it is located in a clean, safe, secure, and sanitary condition and to take all necessary actions to peep the building and property in full compliance with all federal, state and local laws. It shall also mean that any fire safety system installed in the vacant building shall remain fully operational during vacancy. Secure shall mean all openings of the building are effectively kept closed to prevent access to the interior by animals, unauthorized persons, and the elements. Measures for securing may include repairing fences and walls, chaining and locking gates, and repairing or boarding windows, or other openings, as required by the Planning and Community Development Director, or their designee. Vacant building shall mean real property with one or more structures, whether residential, commercial, industrial, or otherwise that is unoccupied or is occupied by unauthorized persons, In the case of a multi -tenant structure or complex, vacant shall mean fifty percent (50%) or more of the units are unoccupied or occupied by unauthorized persons, including the ground level or first floor of a structure, There is a presumption of vacancy if all lawful uses in the buildings or structures have ceased or reasonably appear to have ceased for more than sixty (60) days from the date this ordinance is adopted. Existing vacant structures, as defined herein, shall be required to register within sixty (60) days of the date this ordinance is adopted. 24.09.002. Applicability and administration. a. This section shall apply to all vacant structures, as defined in this section, which are now in existence, or which may hereafter be constructed or converted from other uses, and which are located within the boundary of the Central Business District (CBD) aild L Ower Calder Aveliue area, Lower Calder Avenue area shall mean all lots abuttin-g-tl3e ri�;ht-ot=way of Calder Avenue extending from Main Street ieadingwest to the casternnigst right -of -wry line where Calder Avenue intersects South Eleventh Street: Bein1, Lots ( 2. 3, 4, 5, 6, 7, 8, 9, 10, 1 I � 12, 13, ] 4, 15, 16, Block 3, and -Lots 1, 2, 3. 4, 5, 6, 9 1 O L 1, 12, 17J8, 19,�2 _22,_23, 24, 25, 26, 131ock 4, and sots_ 15. 16, 17, 18, 3 ,_20,21, 22,23, 24,_25, 6 27, 28, Block 21, and Lots 1, 2 3, 4, 5, 6, 7,8, 9, 10, 11, 12, 13, 14, Block 22, and lots 1, 2, 3, 4, 5, 67, 9 9, 10, 11, 12, 13, Block. 27, and Lots ] 4, 15,__16, 117, 18, 19, 20, 21, 22, 23, 24 and the South 85' x 100' of Lot 25 and 26, Block 28, and Lots 14, 15, 10, L_7 l R, 119, 20, 21, 22, 23, 24, 25, 26 and an abandoned Dart of 9`€' Street, Block 4d, and'] I fie northern 90' of Lot l at)d 2 and all of Lots 3, 4, 5, 6, 7, � 9�1 Ci,11, 12, 13, Block 45, and Lots .l2y3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, l 5 and pact of 20, arjd al l of 21, 22, Tract 1, Blocl, 50, and Lots 16, 17. 1 & 19 20, 21 22 2124, 25 26, 27 28, 29 30 Block 51 of the Averil l Addition, Beaurrnont, Jefferson Col€ntyjl'exas; a€7d Being Lots 9,10, l 1, 12, 13, Block 4, Lots- west!1/2 of 5, 6,7, 8, Block 6, and Lots 1 2, 3, 4, 5, 6, 7, 8 Block 7 and Lots L 2, 3 4 S 6, Block8, hots 1, 2 3,_53 6, Block 9x_atld Lots 12 1 4�5_, b Ulock 10, and Lots 2, 3 4, 5 G jock 1 1, and Lots 1, 4, 5, 6, 7, 8, 9, 10, Block 37, and Dots 1, 2, 3, �1,, 5zG,_7. 8, 9, 10, 11., 12, Tract 2, Block 38, and Lots 5, 6, 7, 8, 9, 10,1.1, 1.2, Block 39, and Lots 7, 8, 9, ]0, 11, Block. 40 of the Calder Addition, Beaumont, Jefferson County, Texas; and Being LL cats 7,8 , 9, 10, 11, 131oe1c 11 ci Lots 7, 8, 9, 10, 11 ,12, Block 1.2, and Lots 7, 8 9,_ ] 0 1 1, 12, Block 13, and Lots 7, 8, 9.10, 11,12, Block 14,_and Lots 7, 8, 9, 10, 11,. 12, Block. 15, and hots 1, 2, 3, 4, 5, 6, 7, Block 16, and Lots 1, 2, 3, 4, 5, 6, Blocl< 17, and Lots 1, 2, 3, 4, 5, 6, Block t8, and lots 1, 2, 3, 4, 5, 6, Block 19, and Lots 1,45, 6, Block 20 of the Calder Addition, Bealr111Ut1t, Jett.'er-son Cou21ty,'1'exas. County, State and Federal -owned buildings are exempt from the requirements of this article. b. The Planning and Community Development Director, or their designee, is authorized to administer and enforce the provisions of this article. c. The Planning and Community Development Director, or their designee, shall have the authority to interpret this division and to adopt policies and procedures to clarify the application of its provisions. d. This article shall not apply to a vacant building that: Has a valid open building permit for construction, remodeling or repair and demonstrating progress as it relates to the scope of work disclosed in the building permit; e. Nothing contained herein shall limit the City's authority to enforce its ordinances. Submittal or acceptance of an application hereunder shall not be considered evidence of or authorization of continued nonconformity in conflict with the City's zoning regulations. 24.09.003. Registration required. a. Within sixty (60) days of any structure becoming a vacant building, or if vacant at the time of adoption of this ordinance, within sixty (60) days of adoption, the owner shall register that building by completing and filing with the Planning and Community Development Director registration on a form as prescribed by the Planning and Community Development Director, or their designee, and remitting to the City the required registration and inspection fee as set forth in Section 24.09.004. b. The registration form shall include the following information: The common namc of the property, if any, the exact street address of the property, the primary intended use of the property and the number of units and/or suites in each building on the property. ii. An identification of the owner(s) by frill name, telephone number, mailing address, and e- mail address. The mailing address may not be a P.O. Box. If the property is owned by a corporation, bank, limited liability company, partnership, limited partnership, trust or real estate investment trust, the name and address of any of the following shall be provided; 1. For a corporation, a corporate officer and the Chief Operating Officer; 2. For a bank, the Bank President and the Chief Operations Manager; 3. For a partnership, the Managing Partner; 4. For a limited liability company, the Managing or Administrative Member; 5. For a limited partnership, a General Partner; 6, For a trust, a Trustee; or 7. For a real estate investment trust, a General Partner or an Officer. iii. The name, telephone number, and email address of the designated local property manager for the property. iv. A completed letter of intent shall be updated and submitted to the Planning and Community Development Director every six (6) months detailing the following: 1. The amount of time that the building is expected to remain vacant; 2. Marketing efforts and/or planned improvements to render the building occupied or to increase the likelihood that the building will become occupied; 3. A plan and timetable for correcting all current violations of City ordinances and state and federal law at the building or its premises. If the owner has entered a work program, they shall abide by the prescribed timeline of the signed program; 4. A plan for regular maintenance of the building during vacancy in compliance with City ordinances and state and federal law; 5. The measures that will be taken to reduce the adverse impact on the properties surrounding the vacant building during its vacancy, including provisions for lighting, security patrols or security camera system, alarm systems and fire suppression systems or more. Vacant structures within the Central Business District and lower Calder Avenue area shall, at minimum, provide adequate exterior lighting to the building and its premises, and install and maintain a functioning security camera system or employ security patrols during night hours, and install and maintain functioning burglar and fire alarms; A. Electricity may be released to a vacant structure within the Central Business District and Lower Calder Avenue arca are to power approved security measures. The final release of electricity to a vacant structure shall be subject to approval by the Building Official to ensure proper installation of electrical equipment and safety. B. Electrical equipment shall not be visible from the street right-of-way unless it is determined that there is no other feasible means by which to power the approved security measures. 1. If the equipment must be visible, it shall be affixed to the building in a manner prescribed by the adopted codes and subject to approval by the Building Official, 6. Confirmation of a criminal trespass affidavit, which shall be filed by the owner with the Beaumont Police Department. Said property owner shall post "No Trespass" placards that comply with Texas Penal Code subsection 34.05(b)(2)(C); and 7. The measure the owner will take to monitor and inspect the vacant building and premises on at least a weekly basis; such inspection must be performed by a person at 18 years old and authorized by the owner to make decisions regarding the day-to-day supervision, management and maintenance of the vacant building. V. A complete floor plan of the property for first responders in case of a call for service or catastrophic event. vi. Confirmation that the owner has scheduled an inspection by the City and that the inspection will occur within sixty (60) days from the date of registration. c. Within sixty (60) days, the owner of a vacant structure shall provide written notice to the Planning and Community Development Director, including a copy of the deed, of a change in: i. Ownership of tine property; or ii. Contact information for the owner and designated property manager. d. Continued annual registration of the property by the owner of a vacant structure is required until said structure is deemed occupied and in compliance with all relevant code requirements by the Planning and Community Development Director. e. The registration of a vacant building issued pursuant to this section is not transferable. New owners shall submit a new registration and remit the applicable fees within thirty (30) days of transfer of ownership. f. Failure to timely register a vacant building and provide the information required in Section 24.09.003(b) is a violation of this section. 24.09.004. fees. a. At the time of registration, the owner shall tender an acmual registration fee and annual inspection fee. The registration fee shall be six hundred ($600.00) dollars for the first year and shall increase by half the total fee for each subsequent year (e.g., the fee in year 1 shall be $600.00; year 2 shall be $900.00; year 3 shall be $1,350.00; etc.). The registration fee shall not exceed $20,000,00, The annual inspection fee shall be fifty ($50.00) dollars, plus one cent ($0.01) per square foot of the vacant building listed on the Jefferson County Appraisal District. Registration shall be issued for a twelve (12) month term beginning on the date of issuance. b. Subsequent annual registration and inspection fees are due no later than the anniversary date of the issuance of the permit. Annual registration not completed before the expiration of the current permit is subject to a one hundred fifty -dollar ($150.00) late fee per month if the building remains unregistered and shall not be prorated. The beginning of the month shall be the I" day of each month. 24.09.005. Property manager. a. The owner of a vacant structure, who does not reside within the City limits must designate a local property manager for said properties and include the relevant contact information for the designated property owner upon registering the property with the department. Designated property managers shall act as agents for the property owner for accepting legal service; however, the vacant property owner remains liable in criminal prosecutions for all code violations. b. The property manager must be available at the number listed in the event of art emergency or catastrophe at all times. For all vacant properties except for single-family residential structures, the name and telephone number of the property manager must be posted at the front of the building in large, legible print. c. Failure to disclose or update the property manager's information to the Planning and Community Development Director, or their designee, is a violation of this section. 24.09.006. Standard of care for vacant property. a. The standard of care, subject to approval by the Planning and Community Development Director, or their designee, shall include, but is not limited to; Protective treatmenf. All exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition, weathertight, and in such condition to prevent the entry of rodents and other pests. All exposed wood or metal surfaces subject to rust or corrosion, other than decay resistant woods or surfaces designed for stabilization for oxidation, shall be protected from the elements and against decay or rust by periodic application of weather coating materials such as paint or similar surface treatment, All surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. All siding, cladding and masonry joints, between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and watertight. ii. Psenaises identification. The property shall have address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals, Numbers shall be a minimum of four (4) inches high with a ntinintum stroke width of one-half (1/2) inch. All buildings shall display a vacant building placard as required by the Planning and Community Development Director. iii. Structure. All structural members and foundation shall be Maintained free from deterioration and capable of safely supporting the imposed loads. iv. Exterior walls. All exterior walls shall be kept in good condition and shall be free from holes, breaks, and loose or rotting materials. Exterior walls shall be maintained weatherproof and properly surface coated where necessary to prevent deterioration. V. Roof and drainage. The roof and flashing shall be sound, tight, and not have defects that admit rain. Roof drainage shall be adequate to prevent accumulation, dampness or deterioration. Roof drains, gutters and downspouts shall be Maintained in good repair, free from obstructions and operational. vi. Decorative features. All cornices, belt courses, corbels, applications, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. vii. Overhang extensions and comings. All overhang extensions including canopies, marquees, signs, awnings, and fire escapes shall be maintained in good repair and properly anchored and supported to be kept in a sound and safe condition. viii. Stairways, decks, porches and balconies. All exterior stairways, decks, porches, and balconies, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. ix, Chimneys and towers. All chimneys, cooling towers, smokestacks and similar appurtenances shall be maintained structurally safe and sound, and in good repair. X. Handrails and guards. All exterior handrails and guards shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. xi. Window, skylighl and door. All windows, storefronts, skylights, and exterior door parts, including the frame, trim, window screens and hardware, shall be kept in sound condition and good repair. All broken or missing windows shall be replaced with glass and secured in a manner so as to prevent unauthorized entry. All broken or missing doors shall be replaced with new doors which shall be secured to prevent unauthorized entry. All glass shall be maintained in sound condition and good repair, All exterior doors, door assemblies and hardware shall be maintained in good condition and secured. Locks at all exterior doors, exterior attic access, windows, or exterior liatchways shall tightly secure the opening. Windows and doors shall not be secured by plywood or other similar means mounted on the exterior except as a temporary securing measure, and the sable shall be removed within a period of time designated by the Planning and Community Development Director. Boarding and securing shall not exceed one (1) year. xii. Basement hatchways and windows. All basement hatchways shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Every basement window that is operable shall be supplied with rodent shields, storm windows or other approved protection against entry of rodents. xiii. Both interior and exterior areas of the property shall be kept free of accumulations of junk, trash, debris, combustible or other materials such as would constitute an unsafe, unsanitary or unsightly condition or appearance. Owners of vacant structures shall remove all combustibles as defined by the Fire Code. b. All repairs shall be subject to approval by the Planning and Community Development Director, or their designee. All required permits and final inspections prior to and/or following repairs shall be in accordance with applicable laws and rules. Historic properties and properties within the Central Business District and lower Calder Avenue area are additionally subject to all applicable rules and regulations as required by federal, state and local laws and regulations, c. Failure to maintain a vacant structure or premises thereof to the standard of care specified by the Planning and Community Development Director, or their designee, is a violation of this section. 24.09.007. Fee Waivers. a. All fee waivers must be applied for, using the forms provided annually, and are subject to City Council approval. A fee waiver is only valid for twelve (12) months. i. Property which has been devastated by a catastrophe such as fire or flood. The owner has sixty (60) days to register from the date of disaster but may be exempt from the fees. This exemption is for one (1) year from the date of catastrophe; thereafter, all applicable fees are due. Photos or other forms of proof may be required by the Planning and Community Development Director, or their designee, if proof of catastrophe is necessary. ii. Where the owner of the property has obtained a building permit and is progressing in an expedient manner to prepare the premises for occupancy, the owner must register the property and is otherwise subject to this article but may be exempt from the registration fees. iii. If an inspection finds that the property owner has maintained the property to the standard of care required of this article and in compliance with all applicable codes and laws, the owner shall still be required to register the property, but the registration fee shall be waived. Registration fees shall be waived until a violation of any applicable code, law, or regulation is discovered by a mandatory inspection. iv. Fee waiver periods will count toward the registration fee calculation as outlined in Section 24.09.004(a), and the registration fees owed after a fee waiver period ends shall be assessed as outlined in subsection (a). 24.09.008. Property inspections. a. For the purpose of ascertaining whether the vacant building is being maintained in compliance with this section and any other applicable City, State, and Federal codes, the Planning and Community Development Director, or their designee, is authorized at a reasonable time to inspect, The exterior of a vacant structure; ii. The interior of a vacant structure, if the permission of the owner, operator, property manager, or other person in control of the building is given or a warrant is obtained; and iii. The property upon which a vacant structure is located. b. At the time of registration, the owner shall schedule an inspection of the vacant structure by the city, to be completed within sixty (60) calendar days of registration. The Planning and Community Development Director, or their designee, shall inspect the vacant structure and surrounding property where it is located to determine if it is maintained in compliance with this article and any other applicable law. c. After the initial inspection, the Planning and Community Development Director, or their designee, shall inspect the vacant structure and surrounding property where it is located at least once during each twelvemonth period that the building remains vacant. d. An owner of a vacant structure shall permit the Planning and Community Development Director, or their designee, to perform an inspection of the interior and exterior of the vacant structure and surrounding property where it is located, for the purpose of ensuring compliance with this section and any other applicable laws, at reasonable times upon request. It shall constitute a violation if the owner, either personally or through an agent or employee, refuses to permit a lawful inspection of the vacant structure as required by this section. c. If the vacant building or property where the vacant building is located is not maintained in compliance with this section or any other applicable law, the Planning and Community Development Director, or their designee, shall issue written notice of non-compliance to the owner. The notice shall grant the owner thirty (30) days to resolve the identified violations and direct the owner to schedule a reinspection. If the owner fails or refuses to schedule a reinspection by the resolution date given in the notice of non-compliance, the Planning and Community Development Director, or their designee, shall obtain a warrant to perform an interior inspection. A separate inspection fee, as described in Section 24.09.004, shall be charged for each reinspection, If violations are not resolved by the time of reinspection, the City may seek any remedy provided by law. f. Nothing herein shall limit the City's authority to request additional inspections, pursue other enforcement measures, or take immediate abatement measures as otherwise allowed pursuant to City ordinances and state law. 24.09.009. Jurisdiction, enforcement, and penalties. a. Pursuant to Section 28.02.001, in addition to any other enforcement remedies that the City may have under other City ordinances or other applicable law, any person violating any of the provisions of this section is subject to a fine as provided in Section 1.01.009, Each day any violation of this article continues shall constitute a separate offense. b. Written notice of a violation of this section will precede the issuance of a citation, in which the vacant structure owner will be given a reasonable length of time, as determined by the Plarming and Community Development Director, to rernedy the violation. i. Written notice for violations of Section 24.09.002 shall only precede a citation for failure to comply with the initial registration requirement as required by Subsection 24.09.002(a). ii. Written notice shall not be required to precede a citation for subsequent annual registration violations as required by Section 24.09.004. c. Written notice shall be issued to the owner of a vacant structure by means of personal service, or by certified mail to their last known address according to the Jefferson County Appraisal District records, and by posting on the property. d. Any minimum fine for a violation of this section will be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the saute offense within any 24-month period. At no time may the fine exceed the maximum fine established in Section 1.01.009. c. This is a strict liability offense in which no mental state is required. 24.09.010. Appeals. a. Appeals from a decision of the Planning and Community Development Director, or their designee, shall be reviewed by the City Manager. The appeal shall be applied for within thirty (30) days of said decision. A decision shall be issued within fifteen (IS) days thereafter receipt of the appeal. b. Appeals from a decision of the City Manages' must be fled within thirty (30) days in receipt of said decision. The appeal shall be submitted to the City Council to review on the first available regularly scheduled Council meeting. The decision made by the City Council shall be final.