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
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(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,
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(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-
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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
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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
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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