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HomeMy WebLinkAboutO-2004-2700 . . ORDINANCE NO. 04- ,A;:H;t)_ AN ORDINANCE AMENDING SECTIONS 82-471 THRU 82-482 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; PROVIDING NEW REGULATIONS REGARDING DANGEROUS BUILDINGS; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF TIDS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED A SUM OF NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Sections 82-471 thru 82-482 of the Code of Ordinances of the City of La Porte, providing new regulations regarding dangerous buildings, is hereby amended, as shown on Exhibit "A", attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Thousand DoUars ($2,000.00). Each day a violation of this ordinance shall continue shall constitute a separate violation. Section 4. This Ordinance shaU become effective fourteen (14) days after its passage and approval. The City Secretary shalI give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the Ordinance. PASSED AND APPROVED this the~ day ol\J tlVl ilfA.fj ,2004. e ArrEST: '-1r2(/4lJ~,4ffd artha A. Gillett City Secretary APPR~~d Knox W. Askins ' City Attorney e 2 e e ARTICLE VIII. DANGEROUS BUll.DINGS Sec. 82-471. 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: Building means any structure which has enclosing walls for 50 percent of its perimeter and which was built for the support, shelter or enclosure of persons, animals, chattels, or property or any kind. The term "building" shall be construed as if following by the word "or part thereof." For the purpose of this article, each portion of a building separated from other portions by a firewall shall be considered a separate building. "State law reference-Authority of city to condemn, remove or destroy dangerous or dilapidated buildings and structures, V.T.C.A., Local Government Code ~342.0l2; standards and enforcement, V.T.C.A., Local Government Code ~2l4.00l. Building code means the building code of the city as it now exists and as it may hereafter from the time to time be amended. Building official means the official charged with the administration and enforcement of the building code and this article. Dangerous building. for the purpose of this ordinance, the term "dangerous building" shall mean and include any building or other structure which, for the want of proper repairs or by reason of age, sub-standard and/or dilapidated condition, damaged by ftre, earthquake, wind, flood or by any other cause, or by reason of poorly installed electrical wiring or equipment, defective chimney, defective gas connection, defective heating apparatus, or for any other cause or reason, is especially liable to fire; and which building or structure is so situated or occupied as to endanger any other building or property or human life. Said term shall also mean and include any building or structure containing any combustible or explosive materia~ rubbish, rags, waste, oils, gasoline, or flammable substance of any kind especially liable to cause fire or danger to the safety of such building, premises, or to human life. Said term shall also mean and include any building or structure which shalI be kept or maintained or shalI be in a filthy or unsanitary condition especially liable to cause the spread of contagious or infectious disease or diseases. Said term shall also mean and include any building or structure in such weak or weakened condition or dilapidated, deteriorated condition as to endanger any person or property by reason of probability or partial or entire collapse thereof. 1 EXHIBIT A e e Person(s) as used in this article, shalI mean and include any person or persons, firm or frrms, corporation or corporations. Any person who shalI be the owner of: or shall be in possession of: or in responsible charge of any dangerous building within the city of La Porte, and who shall knowingly suffer or permit any such building to be or remain dangerous for as long as 10 days after receipt of notice, as herein provided, shall be guihy ofa violation of this ordinance and shall, upon conviction thereof in the municipal court, be fined not to exceed $2000.00. Each and every day the violation continues constitutes a new and separate offence. Dangerous Building InsDection Board means the board of inspection created by section 82-472. Fire chief means the officer charged with the administration of fire suppression services and this article. Fire code means the fire code of the city as it now exists and as it may hereafter from time to time be amended. Fire marshal means the officer charged with the administration and enforcement of the fire code and this article. Sec. 82-472. Dangerous Building Inspection Board. There is hereby created a Dangerous Building Inspection Board and for the purpose of this ordinance, their duties are described in this chapter and shall be referred to as ''the Board" throughout this chapter. The Board shall be composed of the building official, or hislher duly authorized representative, the fire chief: or hislher duly authorized representative, and the fire marshal, or his/her duly authorized representative. Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up. 2. Whenever any portion thereof has been damaged by ftre, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 2 EXHIBIT A e e 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; ( c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; 6. Whenever the building or structure has been so damaged by fIre, wind, earthquake offlood, or has become so dilapidated or deteriorated as to become (a) an public nuisance (b) a harbor for vagrants or as to ( c) enable persons to resort thereto for the purpose of committing unlawful acts; 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that it is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specifIed in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3 EXHIBIT A . e 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, healthy property or safety; 4. Whenever any installation or any portion thereof was constructed, instalIed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety; C. Unlawful to Maintain. It is unlawful to maintain or use a dangerous building or structure, or a dangerous electrical, plumbing or mechanical installation. D. Abatement. All dangerous buildings or structures, or dangerous electrical, plumbing, or mechanical installations are hereby declared to be public nuisances and may be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in Code of Ordinances Article VIII Dangerous Building or by any other remedy available at law. Sec. 82-474. Inspections and reports thereon. (a) Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason ofa complaint of any citizen of the city or of the city council that a dangerous building exists, the Board shall make a thorough inspection of such building. (b) When a member(s) of the Board find a door(s) and/or window(s) ofa building are not completely closed or shut, entry into this building shalI be permitted in order to conduct an interior inspection of said building. (c) However, if to a member(s) of the Board the entry doors and or windows are completely closed or shut, then an interior inspection can only be conducted after the issuance of an Administrative Search Warranty issued by a Magistrate. Note: If an Administrative Search Warrant is not secured, then only an exterior inspection shall be conducted. (d) If, after inspection of such building, there is a reasonable doubt as to whether the building is in fact dangerous, the Board may call to its assistance one or more competent experts in the applicable field. 4 EXHIBIT A e e ( e) After the inspection provided for in this section has been made, with or without the aid ofan expert, the Board shall report its conclusion in writing to each of the members ofthe city council and to the city attorney. Such report shalI state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board. Sec. 82-475. Notice to Owner - Required; Method of Service. (a) If the report of the Board required by section 82-474 reveals that it is the opinion ofa majority of the board that the building is in fact a dangerous building, at a meeting of the city council, council shall cause the city secretary to notify the owner in writing in accord with the provisions of this section. (b) If the owner and his residence is known, the notice required by subsection (a) of this section shall be given by personal service by any law enforcement officer of the city or by the sheriff of the county of the residence of the owner as in the case of citations in the district courts of the state, or such notice shall be given by registered mail, with return receipt requested, addressed to the last known address of the owner. (c) If service of the notice cannot be had as prescribed in subsection (b) of this section, then notice shall be published as provided for in subsection (d) of this section. One attempt to secure service by either method provided for in subsection (b) of this section shall be sufficient basis for publishing such notice in accordance with subsection (d) of this section. (d) If the owner is known but his residence is unknown, or if the owner is unknown, the notice shall be published in some daily newspaper of general circulation in the county, two times. The first publication shall be inserted not more than 15 days and not less than ten days prior to the date of the hearing provided for in this article, and the last publication shall be not more than ten days and not less than five days prior to such hearing. (e) When a complaint under this article has been made as to the condition ofa particular building, the ownership of which has been granted or accrued to the heirs of any deceased person, and if the names of such heirs are unknown, the notice required by this section shall be directed against them, their heirs or legal representatives, describing them as the heirs of such named ancestor. 5 EXHIBIT A . e Sec.82-476. Same-Contents. (a) If the notice required by section 82-475 is served by registered mail or personal service, it shall be sufficient if it contains: (1) A statement that a complaint has been made and by whom made, and that due investigation has been made as required by this article; (2) A brief statement of the condition of the building as found by the Board; (3) The time and place of the hearing provided for under this article; and (4) An order for the owner to appear before the council at such time and place to show cause why the building should not be declared a nuisance, condemned, and ordered repaired or torn down. (b) If the notice required by section 82-475 is served by publication, it shall only contain a statement that the Board, has investigated and found the building to be dangerous and a nuisance in fact and shall command the owner to appear at a specified time and place before the council to show why the building should not be declared a nuisance, condemned and ordered repair or torn down. 82-477. Hearing. Whenever the Board finds that a building is a dangerous building, the city council shall conduct a hearing on such finding at its regular meeting place in city hall, at a time which is at least ten days after service or attempted service of notice to the owner in accord with section 82-475. The council shall hear evidence for and against the conclusions of the board. Sec. 82-478. Decision of council; order to repair or remove generally. Within 15 . days after the termination of the hearing provided for under this article, the city council s40uld make its decision in writing setting out the facts upon which it based its opinion.jIfits decision is in favor of the findings of the Board to the effect that the building is in fact a dangerous building and is a nuisance and a hazard and that it is, by such order, co*demned. The order shall further require, as the facts may justify, that the owner shall either repair such building in compliance with the building code of the city, or that the o~er shall entirely remove or tear down such building, and such repairs or removal shall tie commenced with ten days from the date of such order and be completed within a reasonable time. 6 EXHIBIT A . e Sec. 82-479. Service of publication of order to repair or remove. If the address of the owner ofa building condemned under this article is known at the time the order provided for in section 82-478 is entered, a copy of such order shall be delivered to the owner in person by any law enforcement officer of the city. Such officer shall make due return of the service of such order as in the case of citations in the district courts of the state. Such order may be, at the option of the city council, sent to such owner by registered mail, return receipt request. If the residence of such owner is not known, then such order shall be published in some newspaper of general circulation in the county and the city, at least two times within 10 days after the entry of the order of the council. Sec. 82-480. Notice on condemned building. An order of the city council condemning a dangerous building under this article shall also contain an order to the appropriate member of the Board to cause a notice of the dangerous, insanitary or other condition of the building to be affIXed in one or more conspicuous places on the exterior of the building. No person shall remove or deface such notice. Sec. 82-481. Repair or removal by city. If, within ten days after the last publication of service of an entered under section 82-478, the owner has not complied with the order to repair or remove such building, then the Board may enter upon the premises, with such assistance as it may deem necessary, and cause the building to be repaired or removed without delay. The expenses of such procedure shall be charged against the owner and shall become a valid and enforceable personal obligation of the owner of such premises, which may be recovered by the city in a suit, brought for that purpose. The city council may, by ordinances enacted by it, asseSs the expenses on the land occupied by such building, or the land to which such building was attached, and make the expenses a lien thereon. See. 82-482. Article does not aftect city's and owner's right to resort to courts. Nothing in this article shall be construed as abridging the right of the city to resort to the courts of this state for the enforcement of this article, or of the rights of any owner to resort to the courts of this state in an attempt to enjoin the enforcement of this article. Sec. 82-483-82-510. Reserved. 7 EXHIBIT A - . ASKINS & ARMSTRONG, P.C. P. O. Box 1218, La Porte, Texas 77572-1218 Telephone: 281-471-1886 Telecopier: 281-471-2047 Memo To: . sept, City of La Porte From: ng, Asst. City Attorney, City of La Porte CC: ze, Fire Chief Champ nham, Asst. Fire Chief Laurie Christensen, Fire Marshall Nick Finnan, Interim Planning Director Date: January 19, 2004 Re: Proposed Dangerous Building Ordinance Debbie, Per your request I have reviewed the proposed Dangerous Buildings Ordinance. find that the ordinance as written is reasonable from a legal standpoint. I note your concern in connection with Section 82-474(b), regarding entry into a structure without a search warrant, if the structure is open and unsecured. I believe it is reasonable to allow cursory entry of such a structure without a search warrant, but only to the extent necessary to ascertain the structural integrity of the structure. Any s~arch of an open structure should be only conducted as to structural integrity, and othEPr code items that might render the structure a potentially dangerous building. Absolut~ly no force should be utilized in any event to open a structure, such as breaking a wi~dow, forcing a door, or the like. Also, note that any damage done to the structure ~should it be found not to be a dangerous structure) by the code officer that is entering under that set of circumstances will be at the City's risk. I welcome the cbance to work with you as we bring this ordinance to completion. The "cover" ordinance will need a penal clause inserted, which I will be happy to do prior to passage by City Council. If you have any questions or comments, please do not hesitate to call or write. It . REQUEST FOR CITY COUNCIL AGENDA ITEM 1/26/04 Agenda Date Requested: Appropriation Requested By: Source of Funds: Department: Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance with Amended Regulations Amount Requested: Exhibits: Memo from John Armstron2 Budgeted Item: YES NO SUMMARY & RECOMMENDATION. In ajoint effort between the City's Fire Marshal's Office and Inspection Services Division, staff received the challenge of review the existing dangerous building regulations for possible changes. Staff had identified areas that needed clarification or improvement so multiple cities were contacted and their regulations were obtained for review. The proposed changes being provided to Council incorporates some infonnation from their ordinances as well as clarification and additions in areas noted by statT. The proposed regulations continue to have a Dangerous Building Inspection Board for the identification and recommendation process while City Council is still charged with the actual condemnation of any building or structure. Should the Building Codes Ad Hoc Committee recommend and Council approve a different Board for detennining condemnation, this ordinance can be easily amended. This ordinance is being presented so that the City may more aggressively pursue structures in dilapidated condition. The strengthening reduces the city's exposure and liability while still providing the ability to inspect and condemen. Action Required bv Council: Consider approving and take action on an ordinance amending the current dangerous building regulations. Approved for City Council Aeenda oa I/;;u) -Vc(- Date