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HomeMy WebLinkAboutOrdinances (O-04-1449)-03/02/2004 ORDINANCE 0-04-1449 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 18 - BUILDINGS AND BUILDING REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF COLLEYVILLE, TEXAS TO ESTABLISH REGULATIONS FOR VACANT COMMERCIAL BUILDINGS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, the City Council of the City of Colleyville has determined that it is in the best interest of the citizens of Colleyville, Texas to establish minimum maintenance standards for and to require registration of vacant commercial buildings; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 18 - Buildings and Building Regulations, of the Code of Ordinances of the City of Colleyville, Texas, is hereby amended to insert a new Article IX - Vacant Commercial Buildings to read as follows: Article IX - Vacant Commercial Buildings Section 18-300. Purpose. Purpose. The purpose of this article is to protect the health, safety and welfare of the citizens of Colleyville by: (a) establishing registration requirements and minimum maintenance standards for vacant non-residential buildings and structures, and (b) preserving and protecting property values through the prevention of structural deterioration of vacant non-residential buildings and structures, and (c) fixing certain responsibilities and duties of property owners of vacant non- residential buildings and structures; (d) authorizing and establishing procedures for the inspection of vacant non- residential buildings and structures, and premises thereof determined to be in non-compliance with this article; and Ordinance 0-04-1449 Page 2 of 6 (e) providing for the administration and enforcement of this article. Section 18-305. Scope and Applicability of Regulations. The City of Colleyville adopts these regulations pursuant to the authority of Chapter 217 , Texas Local Government Code, and the provisions of this article shall apply to all vacant non-residential buildings and structures, or portions thereof, including the premises where such non-residential buildings or structures are situated, within the corporate limits of the City of Colleyville, Texas, and which remain vacant for a period of ninety (90) days, Section 18-307. Definition of Vacant Building. For purpose of this ordinance, a vacant commercial building is defined as a non-residential building or structure for which a certificate of occupancy has previously been issued for a lawful use, but has been vacated for the purpose or usage for which the original certificate of occupancy was issued. Section 18-310. Declaration of Public Nuisance and Violation. Any vacant non-residential building or structure, or portion thereof, or the premises on which the same is located, in which there exists a condition that is not in compliance with this article shall be deemed and is hereby declared to be a public nuisance and shall be a violation of this article and subject to the penalty provisions contained herein. Section 18-315. Registration of Vacant Buildings. (a) All non-residential buildings that remain vacant for a period of ninety (90) days or more shall be registerd with the building official. Registration shall include the name, address and telephone number of the property owner and a contact person. (b) The building official, or his representative, shall send written notice to the address of the property owner as shown on the tax rolls advising the property owner to comply with the registration requirements of this section and to comply with the requirements of this article within thirty (30) days after receipt of notice, Section 18-320. General Maintenance Requirement. It shall be unlawful for a property owner to fail to properly maintain the exterior of a non-residential building or structure in a structurally sound condition with particular attention to the specific items contained in this article. Requirements stated herein shall pertain to both primary and accessory structures, Ordinance 0-04-1449 Page 3 of 6 (a) Structures shall be secured to prevent unauthorized access, However, no security fencing shall be allowed beyond a building set back line which is adjacent to a street right-of-way. (b) All signs on the structure or property shall be removed entirely or kept in working order. (c) All trash, debris, and/or unfixed exterior equipment shall be removed from the property. (d) The landscaping on the property shall be maintained as would be expected of an occupied building, Landscaping required pursuant to city ordinances shall be maintained and/or replaced as necessary to maintain compliance. No grass or weeds shall be allowed to exceed six (6") inches in height at any location on the premieses, including the area adjacent to any poles or fences. (e) The parking lot and paved drive areas shall be maintained. Barriers that prevent access to a property shall be approved by the fire marshal. (f) Fire prevention, detection, and suppression equipment must be maintained as approved by the fire chief. (g) The city fire department shall have access to the property through a fire department approved lock. Section 18-325. Exterior Walls and Exposed Surfaces. Every exterior wall shall be maintained in a structurally sound condition as provided in this section as follows: (a) Exterior walls shall be free of visible deterioration, free of holes, breaks, loose or rotting boards or timbers which might prevent the wall from safely bearing the loads for which it was designed. Deteriorated or damaged exterior components of structures shall be repaired or replaced so as to match the original construction of the building. (b) All weather-exposed exterior surfaces shall be free of visible deterioration or any condition which might admit rain or dampness and cause damage to the structural load bearing members of the walls, (c) All exterior wood surfaces shall be free of visible deterioration. Wooden materials shall be made substantially impervious to the adverse effects of weather by application of an approved protective coating of weather- Ordinance 0-04-1449 Page 4 of 6 resistant preservative, and be maintained in good condition, Exterior metal surfaces subject to rust or corrosion shall likewise be protected, (d) Windows and doors, if boarded up, shall be boarded on the inside of the building and weatherproofed with a complimentary color. Section 18-330. Roofs. The roof shall be maintained in a structurally sound condition and free of visible deterioration, Roofing materials shall provide a water-tight and weather resistant seal, and have no defects which might admit rain, Roof drainage shall be adequate to prevent rain water from causing dampness in the walls or interior portion of the building. Section 18-335. Windows and Doors. All windows and exterior doors, including service doors, shall be maintained in good repair, free from visible structural defect, deterioration or damage, and made weather-resistant through the use of decay-resistant materials or the application of paint or other preservatives, Any broken or missing panels on service doors shall be repaired or replaced in such a manner so as to match the existing panels, Section 18-340. Right of Entry. Whenever it becomes necessary to make an inspection to enforce the provisions of this code, or whenever the building official, or designated representative, has reasonable cause to believe that there exists in any vacant non-residential building or structure, or the premises on which the same is located, which violates the provisions of this article, the building official, or designated representative may enter such property at all reasonable times to inspect the same, or to enforce a provision of this article; provided he shall first make a reasonable attempt to locate the owner, or other persons having charge or control of the property, and request entry, and if entry is refused, the building official, or designated representative may attempt to secure entry by any legal means. Section 18-345. Notice of Violation. Whenever the building official, or designated representative, determines that a violation of this article exists or that there are reasonable grounds to believe a violation of this article exists, he shall give notice of such violation or alleged violation to the person or persons responsible for such violation as follows: (a) The property owner, or his agent, shall be served with a written notice Ordinance 0-04-1449 Page 5 of 6 which states the violation and require compliance with this code within thirty (30) days from the date the notice is served. The notice may be served by handing it to the property owner, or agent, in person, or by depositing the same in the United States mail, addressed to the property owner at the owner's address as shown on the official registration of vacant non- residential properties, or on the most current tax rolls approved by the City, if no response is received from the registered property owner. If the owner cannot be found and the notice is returned by the United States Postal Service, then the owner may be notified as follows: 1. Publication two times within ten (10) consecutive days in the official newspaper of the City; or 2, Posting the notice on or near the front door of each building on the premises where the violation exists. (b) If such person, firm or corporation fails or refuses to comply with the provision of this article within the specified period following notification, they shall be considered to be in violation and subject to fine and penalties as provided herein, Section 18-350. Penalty Provision. Any person, firm, or corporation violating any of the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Section 18-355. Agreements to Abate Nuisance. The building official may enter into an agreement with the owner, or his appointed agent, to abate any nuisance, to set priority of items to be corrected, and to establish a time period for compliance with this article. Sec, 2, THAT Section 18 of the Code of Ordinances of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 3. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council Ordinance 0-04-1449 Page 6 of 6 without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Sec. 4. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 5, THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the /7 ~ day of ~~ 2004, ' The second reading and public hearing being conducted on the .:2 ~ day of ~{'~ 2004, ~~~fM Cynthia Singleton, TRMC City Secretary AS TO FORM AND LEGALITY: o sT. Foster City Attorney