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ORD 1990-14 - Demolition Of Certain Building 08-21-1990ORDINANCE NO. %) -14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ARTICLE II., DEMOLITION OR REPAIR OF DILAPIDATED OR SUBSTANDARD BUILDINGS, OF CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS; PROVIDING PUBLIC HEARINGS FOR DEMOLITION OF CERTAIN BUILDINGS; ALTERING NOTICE REQUIREMENTS; AND MAKING OTHER PROVISIONS RELATED THERETO. Be it ordained by the City Council of the City of Huntsville, Texas, that: SECTION 1: Chapter 6 of the Code of Ordinances of the City of Huntsville, Texas, is amended by the repeal of Article II and by the adoption of a new Article II that read as follows: ARTICLE II. DEMOLITION OR REPAIR OF DILAPIDATED OR SUBSTANDARD BUILDINGS Sec. 6 -20. Dilapidated, substandard or unfit buildings. (a) Any building or structure including a mobile home which is not suitable for continued use and occupancy may be vacated, secured, repaired, removed or demolished by the City if it constitutes a hazard to the health, safety and welfare of the general public or its occupants and if it is a dilapidated, substandard or unfit building. (b) A building does not meet minimum standards for the continued use and occupancy regardless of the date of its construction if: (1) Any means of egress or portion thereto is not of adequate size or is not arranged to provide a safe path of travel in case of fire or panic. (2) Any means of egress or portion thereof, such as but not limited to, fire doors, closing devices, fire resistance ratings, are in disrepair or in a dilapidated or nonworking condition such that the means of egress could be rendered unsafe in case of fire or panic. (3) The stress in any materials, member or portion thereof, due to all imposed loads including dead load exceeds the working stresses allowed in the Standard Building Code for new buildings. (4) A building, structure or portion thereof has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the buildings or structures is less than it was prior to the damage and is less than the minimum requirement established by the Standard Building Code for new buildings. (5) Any exterior appendages or portion of a building or structure is not securely fastened, attached or anchored such that it is capable of resisting wind, seismic or similar loads as required by the Standard Building Code for new buildings. (6) For any reason a building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is being used. (7) Any building, structure or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse. (8) Any building, structure or portion thereof has been constructed or maintained in violation of a specific requirement of the Standard Codes or of a city, county or state law. (9) Any building, structure or portion thereof is in such a condition as to constitute a public nuisance. (10) Any building, structure or portion thereof is unsafe, unsanitary or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or which in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. Sec. 6 -21. Action required. (a) The building official shall inspect any building, structure or portion thereof that is or may be unsafe. (b) After the building official has inspected a building and has determined that such building or a portion thereof is dilapidated or substandard, the building official shall initiate proceedings to cause the abatement of the unsafe condition by repair, vacation or demolition or combination thereof. Sec. 6 -22. Notice to owner of intent to demolish dilapidated, substandard or unfit building; public hearing required. (a) The building official shall prepare a notice of dangerous building directed to the owner of the building. The notice shall contain: (1) The street address and identification of the building, structure or premise; (2) A physical description of the building; (3) A declaration that the building has been found dilapidated, substandard or unfit by the building official and a detailed report documenting the conditions rendering the building unsafe; (4) A statement advising that if the required action is not commenced within or completed by the time specified, the building will be ordered vacated and posted to prevent further occupancy until the work is completed; (5) A statement that the building may be repaired, removed or demolished by the city and all expenses incurred assessed against the building, the land on which it stood and/or the owner; (6) A statement that any person with an interest in the building may appeal within fifteen (15) days and in writing such proposed action to the board of adjustments and appeals; failure to appeal shall constitute a waiver of all rights to an administrative hearing; and (7) The date, time and place for a public hearing to determine whether the building complies with minimum standards for continued use and occupancy. (b) The notice shall be served, either personally or by certified mail, to the owner at the owners last known address. The notice shall be served on. (1) Any person having legal interest in the property as shown by the city's current tax records; (2) Any person paying a utility service bill for the property; (3) Any person actually occupying the property or building; and (4) Each mortgage and lienholder having an interest in the building or in the property or which the building is located. (c) If the building official is unable to determine the owner, or notice is returned unserved, notice may be served by: (1) Publication in the city's official newspaper two (2) times not more than fourteen (14) nor less than ten (10) days apart, and (2) Posting on the front and rear doors of the structure for ten (10) days. (d) A copy of the notice shall be filed in the deed records of Walker County, Texas. Sec. 6-23. Vacation of building. (a) If a building or structure poses an immediate hazard to life or safety of the public, it shall be ordered vacated immediately. (b) Every notice to vacate, in addition to complying with section 6-42(a) shall be posted on each entrance and exit to the building and shall state: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. (c) Such notice to vacate shall remain posted until required repairs or demolition is completed. Sec. 6 -24. Appeals to board. (a) Any person aggrieved or affected by any decision of the building official may appeal such decision to the board of adjustments and appeals. Such appeal shall be filed in writing in the building official's office within fourteen (14) days after the decision has been rendered by the building official. (b) An appeal shall stay all proceedings in furtherance of the action appealed from unless the city building official certifies to the satisfaction of the board that by reason of facts stated in the certification a stay would cause imminent peril to life or property. Sec. 6 -25. Decision by board. (a) The board may, after public notice and public hearing, take action relative to the continuance or discontinuance of dilapidated, substandard or unfit buildings or structures. In particular, the board may: (1) Permit repair of substandard structures subject to requirements pertaining to the structure or premises deemed necessary by the board; (2) Require vacation of buildings deemed unfit for human use or habitation; (3) Require demolition of structures deemed dilapidated, substandard or unfit. (b) The final decision of the board shall be in writing. A copy shall be served on the appellant either personally or by certified mail. (c) The final decision of the board shall not deprive appellant of seeking redress in any civil court of law, provided, however, such appeal must be filed within fifteen (15) days of the board's final decision. Sec. 6 -26. Demolition of property. (a) Whenever the required repair, vacation or demolition is not commenced or completed within the time designated by the building official or board, the building shall be posted. (b) Subsequent to posting the building, the building official may cause the building or structure to be demolished, removed and /or repaired. (c) The building official may approve one or more extensions of time as the building official may determine to be reasonable to complete the required repair or demolition. Such extension requests shall be made in writing stating the reasons therefor. If the extension in time exceed one hundred twenty (120) days, they must also be approved by the board. Sec. 6 -27. Recovery of expenses for repair, removal, vacation and /or demolition. (a) The building official shall keep an accurate record of all expenses of demolition, removal and /or repair. All such expenses, less any salvage recover, shall be levied, assessed and collected by the tax office. (b) Any monies received from sale of a building or from demolition thereof, over and above expenses incurred, shall be paid to the owner of record or other persons lawfully entitled thereto. (c) In the event that such charges are not paid when due, the tax collector shall file with the Walker County Clerk a sworn statement of the building official of the expenses incurred, and the City of Huntsville shall thereby perfect a privileged lien on the property involved, second only to tax and street improvement liens, together with nine (9) per cent interest from the date such payment was due. Sec. 6 -28. Offenses defined. (a) A person commits an offense if the person removes or defaces a notice posted by the building official without written permission from the building official. (b) A person commits an offense if the person enters any building posted with a notice to vacate by the building official without the written permission of the building official, except for purposes of making required repairs or demolishing the same. (c) A person commits an offense if the person obstructs or interferes with the implementation of any action required by the final notice of the building official or the board. SECTION 2: This ordinance shall take effect immediately upon its passage by City Council. _ Approved and passed this day of , 1990. ATTEST: eShaw, City Secretary APPRIV:D AS TO ..g t M: Bound's City At orney TY OF HUNTSVILLE By Ja'° Monday, Its Mayor