ORD CC 01/28/75 - Building Code regulations• •
ORDINANCE NO. 75 -1
ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF
ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS,
BY AMENDING SECTION 6 -2, SPECIFICALLY AMEND-
ING SECTION 103.4 (4) OF THE SOUTHERN STANDARD
BUILDING CODE AS PREVIOUSLY ADOPTED BY THE CITY
OF HUNTSVILLE AND. DECLARING AN EFFECTIVE DATE
WHEREAS, the City of Huntsville has heretofore passed
by Ordinance dated February 23, 1971, the Southern Standard Building
Code, 1969 edition, which Code provides for the destruction or demo-
lition of unsafe, unsanitary or dilapidated building after the find-
ing that such buildings are a nuisance but which building code fails
to adequately safeguard the rights of the public in general in that
no provisions are made for collection of costs incurred by the City
of Huntsville if the owner of such buildings fails to comply with
any findings of the building official. The City Council of the City
of Huntsville here now finds that to expend public funds without being
secured for reimbursement when such expenditure is brought about by
the failure of the owner of any building declared a nuisance to so
remove same is contrary to the best interest of the public and as a
means to insure the compliance of State and City laws and to protect
the public health and welfare that it would be in the best interest
of the public to provide that costs incurred by the City of Huntsville
in carrying out the terms of any final judgment declaring any such
building to be a nuisance and to be demolished shall be a lien on such
property in favor of the City of Huntsville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF HUNTSVILLE, TEXAS, that Chapter 6, Section 6 -2 of the
Code of Ordinances of the City of Huntsville, Texas, be amended by
amending Section 103.4 (4) of the Southern Standard Building Code to
read as follows:
(4) In the event the owner, agent or person in control fails to appeal
the decision of the building official, or once having appealed
and such appeal being denied, shall fail, neglect or refuse to
comply with the notice to repair, rehabilitate or demolish and
remove said buildings or structures or portion thereof, the
City Attorney shall be authorized to immediately apply to a
Court of appropriate jurisdiction for the purpose of obtaining
an ultimate decree ordering the repair, rehabilitation or demo-
lition of said building or structure. Upon obtaining such final
decree and after the expiration of time allowed by law for ju-
dicial appeal, the owner, agent or person in control of said
building or structure shall be allowed ten (10) days in which to
comply with said final decree and failure to comply shall entitle
the City of Huntsville to go upon the premises and carry out the
terms of said final decree and any reasonable cost incurred
shall be itemized and ascertained and shall thereafter be
a lien upon the real estate upon which said building or
structure was situated and if not paid within thirty (30)
days after notice of such lien is filed, the City may pro-
ceed to foreclose such lien.
Notice of such lien shall be given by affidavit of cost in-
curred, citing the provisions of this ordinance, clearly
identifying the real property involved, executed by the
City Manager as an affidavit of lien and shall be filed in
the real property records of Walker County, Texas.
The provisions of this paragraph shall likewise apply in-
sofar as said lien provisions in cases of emergency in which
the destruction, demolition or repair of any building or structure
is required because of eminent danger to human life or health.
BE IT FURTHER ORDAINED that the provisions of this Ordi-
nance shall become effective from and after the date hereof.
PASSED IN OPEN SESSION on this the 2g day of January,
1975.
ATAir • Ott 1
RUTH DeSHAW, City Secre a
PROVED AS TO FO
RTfl D. C EY,
City Attorney
THE CITY OF HUNTSVILLE, TEXAS
BY-141/149.--rrs, drAav--
M R S I. WALLER, Mayor