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HomeMy WebLinkAboutO-2012-3409 amend Ch82/procedures for condemnation of dangerous structuresORDINANCE NO. � LV"1 AN ORDINANCE AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, RELATING TO PROCEDURES FOR CONDEMNATION OF DANGEROUS STRUCTURES; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 82, "Buildings and Building Regulations," Article VIII, "Dangerous Buildings", Section 82-475 "Notice to Owner — Required; Method of Service", subsection "d", of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: "Sec. 82-475. Notice to owner — Required; method of service. (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 three days prior to such hearing." Section 2: That Chapter 82, `Buildings and Building Regulations," Article VIII, "Dangerous Buildings", Section 82-481 "Repair or Removal by City", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: "Sec. 82-481. — Repair or removal by city. If, within ten days after the last publication of service of a decision 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. Such action by the City shall not occur until expiration of a minimum forty-five (45) day period following issuance of the order rendered by City Council, but in no case before expiration of an owner's thirty (30) day appeal period as established in section 82-482. The expenses of any action taken by the City to repair or remove a building 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 Ordinance No. Page 2 land occupied by such building, or the land to which such building was attached, and make the expenses a lien thereon." Section 3: That Chapter 82, `Buildings and Building Regulations," Article VIII, "Dangerous Buildings", Section 82-482 "Article does not Affect City's and Owner's Right to Resort to Courts", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: "Sec. 82-482. — Article does not affect city's and owner's right to resort to courts; appeal. 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. The decision of the City Council is final and incontestable unless the order so rendered is appealed within thirty (30) days after a copy of the City Council's order is mailed to the owner. An appeal of an order of City Council is perfected by the filing of a verified petition in state district court, stating that the decision is illegal either in whole or in part, and specifying the grounds of the illegality." Section 4: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 6. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 7. 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 is posted at a place convenient to the public at the City Hall of the city for the time required by law Ordinance No. ��-" Page 3 preceding this meeting, as required by Chapter 551, Tx. Gov't 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 8. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after passage of this ordinance. PASSED AND APPROVED this the w��ay of , 2012. CI'I ATTEST: APPROVED: Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 23, 2012 Requested By: D. Wilmore Department: Planning Report: X Resolution: Ordinance: Exhibits: Ordinance w/ Strike -Through & Prop. Amendments Exhibits Final Ordinance Budeet Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION At the 04/09th City Council meeting, staff provided an update on court findings relating to a city's authority relating to condemnation/demolition of buildings that are dilapidated, substandard or unfit for human habitation (City of Dallas v. Stewart). The court focus was on whether the homeowner received "due process" during the condemnation and subsequent demolition process. That case has now concluded and at this time, TML believes cities may continue to utilize their City Council or Building and Standards Commission abatement process but should delay actual demolition until the time for appeal (30 -days) has been satisfied. The attached ordinance includes strike-throughs and "highlighted" proposed amendments to address the impact to the City's current dangerous building regulations as well as a "needed" change relating to newspaper publications. Changes are: • Inclusion of a minimum forty-five (45) day delay between condemnation and demolition (S. 82-481) • Inclusion of a thirty (30) day appeal window (S. 82-482) • Adjustment on required newspaper publication dates (S. 82-475[d]) Staff is asking Council to approve the proposed ordinance as written. Action Required by Council: Consider approval or other action amending the existing dangerous building regulations. Approved for City Council Aeenda 471- /7—/�_ Ste lett, Interim City Manager Date ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, RELATING TO PROCEDURES FOR CONDEMNATION OF DANGEROUS STRUCTURES; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 82, "Buildings and Building Regulations," Article VIII, "Dangerous Buildings", Section 82-475 "Notice to Owner — Required; Method of Service", subsection "d", of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: "Sec. 82-475. Notice to owner — Required; method of service. - ' (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 three days prior to such hearing." Section 2: That Chapter 82, "Buildings and Building Regulations," Article VIII, "Dangerous Buildings", Section 82-481 "Repair or Removal by City", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: "Sec. 82-481. — Repair or removal by city. "If, within ten days after the last publication of service of a an decision 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. Such action by the City shall not occur until expiration of a minimum forty-five (45) day period following issuance of the order rendered by City Council, but in no case before expiration of an owner's thirty (30) day appeal period as established in section 82-482. The expenses of s fehp=eeede any action taken by the City to repair or remove a building 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 Ordinance No. Page 2 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." Section 3: That Chapter 82, `Buildings and Building Regulations," Article VIII, "Dangerous Buildings", Section 82-482 "Article does not Affect City's and Owner's Right to Resort to Courts", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: Sec. 82-482. — Article does not affect city's and owner's right to resort to courts; appeal. "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. The decision of the City Council is final and incontestable unless the order so rendered is appealed within thirty (30) days after a copy of the City Council's order is mailed to the owner. An appeal of an order of City Council is perfected by the filing of a verified petition in state district court, stating that the decision is illegal either in whole or in part, and specifying the grounds of the illegality." Section 4: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 6. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Ordinance No. Page 3 Section 7. 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 is 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 Chapter 551, Tx. Gov't 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 8. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after passage of this ordinance. PASSED AND APPROVED this the day of 52012. CITY OF LA PORTE Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney