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HomeMy WebLinkAboutOrdinances (O-86-617)-07/07/1986 1 ~g~ 6' -' . #~.tt- ' \.JP8 2 3 ORDINANCE NO. 0-86-617 4 AN ORDINANCE AMENDING CHAPTER 3, SECTION 1, PART A OF THE COLLEYVILLE CODE OF ORDINANCES BY ADOPTING THE 1985 UNIFORM BUILDING CODE; AMENDING CHAPTER 3, SECTION 2, PART A OF THE COLLEYVILLE CODE OF ORDINANCES BY ADOPTING THE 1985 UNIFORM HOUSING CODE; AMENDING CHAPTER 3, SECTION 3, PART A OF THE COLLEYVILLE CODE OF ORDINANCES BY ADOPTING THE 1985 UNIFORM SIGN , CODE; AMENDING CHAPTER 3, SECTION 4, PART A OF THE COLLEYVILLE CODE OF ORDINANCES BY ADOPTING THE 1985 UNIFORM PLUMBING CODE; AMENDING CHAPTER 3, SECTION 5, PART A OF THE COLLEYVILLE CODE OF ORDINANCES BY ADOPTING THE 1985 UNIFORM MECHANICAL CODE; AMENDING CHAPTER 6, SECTION I, PART A OF THE COLLEYVILLE CODE OF ORDINANCES BY ADOPTING THE 1985 UNIFORM FIRE CODE, ADDING SECTION 9 TO CHAPTER 3 OF THE COLLEYVILLE ORDINANCES BY ADOPTING THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS AND MAKING MODIFICATIONS REGARDING NOTICE, HEARING, AND ENFORCEMENT IN SAID CODE; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. 5 6 7 8 9 10 11 12 WHEREAS, the City of Colleyville has received the recommendation for the adoption of the 1985 editions of Uniform Codes; and, 13 WHEREAS, the City Council of the City of Colleyville deems it necessary for the protection of the lives, safety and property of the citizens of the City of Colleyville; NOW, THEREFORE, 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: 16 17 Sec. 1. THAT Chapter 3, Section I, Part A of the Colleyville Code of Ordinances be amended to read as follows: 18 "A. Uniform Building Code 19 The Uniform Building Code, 1985 Edition, as adopted by the International Conference of Building Officials, a copy of which is on file in the office of the city secretary is hereby adopted by reference and designated as the Building Code of the City of Colleyville, the same as though such code were copied at length herein." 20 21 22 Sec. 2. THAT Chapter 3, Section 2, Part A of the Colleyville Code of Ordinances be amended to read as follows: 23 "A. Adoption of Uniform Housing Code. 24 1 25 26 I Ordi nance 0-86-617 1 2 3 The Uniform Housing Code, 1985 Edition, as adopted by the International Conference of Building Officials, a copy of which is on file in the office of the City Secretary is hereby adopted by reference and designated as the Uniform Housing Code of the City of Colleyville, the same as though such Code were copied at length herein. II 4 5 6 7 Sec. 3. THAT Chapter 3, Section 2, Part B, subsections (7) and (8) of the Colleyville Code of Ordinances be amended to read as follows: 8 11(7) Section 1102 is hereby deleted. 9 10 (8) Section 1201(a) is hereby amended by changing the number thirty (30) days to ten (10) days, thus reducing the time available for appeal of notice, order, or action of the building official. II 11 12 Sec. 4. THAT Chapter 3, Section 3, Part A of the Colleyville Code of Ordinances be amended to read as follows: 13 IIA. IIAdoption of Uniform Sign Code. 14 The Uniform Sign Code, 1985 Edition, a copy of which is on file in the office of the City Secretary, is hereby adopted by reference and designated as the Sign Code of the City of Colleyville, the same as though such Code were copied at length herein.1I 15 16 17 Sec. 5. THAT Chapter 3, Section 4, Part A of the Colleyville Code of Ordinances be amended to read as follows: 18 IIA. Adopting of Uniform Plumbing Code. The International Conference of Building Officials Plumbing Code, 1985 Edition, a copy of which is on file in the office of the City Secretary, is hereby adopted by reference and designated as the Uniform Plumbing Code of the City of Colleyville, the same as though such Code were copied at length herein. II 19 20 21 22 Sec. 6. THAT Chapter 3, Section 5, Part A of the Col1eyville Code of Ordinances be amended to read as follows: 23 "A. Adoption of Uniform Mechanical Code. 24 25 2 26 I! Ordinance 0-86-617 1 2 3 4 5 6 S'ec. 7. 7 8 9 10 11 12 13 I 14 I I , 15 I Sec. 8. 16 I, i i 17 I I 18 19 I 20 I I 21 I I 22 23 24 25 26 The Uniform Mechanical Code, 1985 Edition, a copy of which is on file in the office of the City Secretary is hereby adopted by reference and designated as the Uniform Mechanical Code of the City of Colleyville, the same as though such Code were copied at length herein." THAT Chapter 6, Section I Part A of the Colleyville Code of Ordinances be amended to read as follows: "A. Adoption of Uniform Fire Code. There is hereby adopted by the city council for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion that certain code known as the Uniform Fire Code, 1985 Edition, recommended by the Western Fire Chiefs Association and the International Conference of Building Officials, and the whole thereof, save and except such portions as are hereinafter deleted, modified, or amended, of which not less than one (I) copy has been and now is filed in the office of the city secretary of Colleyvi1le, and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect, the provisions thereof shall be controlling within the limits of the city of Colleyville." THAT Chapter 3 of the Colleyville Code be amended by adding thereto a Section 9 to read as follows: "A. Adoption of Uniform Code for the Abatement of Dangerous Buildings. The Uniform Code for the Abatement of Dangerous Buildings, 1985 Edition, a copy of which is on file in the office of the City Secretary, is hereby adopted by reference and designated as the Code for the Abatement of Dangerous Buildings of the City of Col1eyvil1e, the same as though such Code were copied at length herein. II B. Amendments to Uniform Code for the Abatement of Dangerous Buildings. The publication adopted by subsection A is hereby amended and changed in the following respects: (1) Section 201(a) is amended to read: 3 1 2 3 4 5 6 I I 7 II I 8 i 9 II I I 10 I I 11 I 12 13 14 15 16 17 18 19 20 21 I I 22 I 23 24 I 25 I 26 Ordinance 0-86-617 "The term "building official", as used herein, shall be construed to be that individual designated by the City Manager to carry out such duties. The building official is hereby authorized to enforce the provisions of this Code." (2) Section 205 is amended to read as follows: I'The City Council shall conduct public hearings required under this Code and shall hear all appeals provided for hereunder. Appeals shall be processed in accordance with the provisions contained in Section 501 of this Code. The City Council shall be deemed to be the Board of Appeals. II (3) Section 401 (b) is hereby amended to read in its entirety as follows: "Section 401 (b) Notice. The building official shall issue a notice directed to the record owner of the building. The notice shall contain: 1. The street address and a legal description sufficient for identification of the premises upon which the building is located. 2. A statement that the building official has found the building to be substandard with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 202 of this code. 3. A statement of the action required to be taken as determined by the building official. 4. A requirement that the owner or person in charge of the building or premises secure required permits and commence the required action wi thin fi fteen (15) days from the date of such notice and that all work be completed within such time as the building official shall determine is reasonable. 5. If the building official has determined that the building or structure must be vacated, the notice shall contain a r;equirement that the 4 I Ordi nance 0-86-617 1 2 3 4 5 II I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I I 26 I II notice shall contain a requirement that the building be vacated within such time from the date of the notice as determined by the building official to be reasonable. 6. A statement advising that if any required repair or demolition work is not commenced within the time specified, the building official will, without further notice, order the building vacated and posted to prevent further occupancy until the work is completed. 7. A statement advising that if any required repair or demolition work is not commenced or completed within the time specified, proceedings will be commenced to have the building repaired or demolished and the cost of such assessed as a charge against the land." (4) Section 401(c) is amended to read as follows: (c) "Serviceof Notice. The notice and any amended notice shall be served upon the record owner, and posted on the property." (5) Section 401(d) is hereby amended to read as follows: (d) "Method of Service. Service of notice shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last assessment roll of the city, or as known to the building official. If no address of any such person so appears or is known to the building official, then a copy of the notice and order shall be published twice within ten (IO) consecutive days in a newspaper of general circulation in the city. The failure of any such person to receive such notice or order shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be deemed effective on the date of mailing. Service by publication shall be deemed effective on the 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I' Ordinance 0-86-617 date of the second publication." (6) Section 402 is hereby deleted. (7) Chapter 6 is deleted in its entirety. (8) Section 701 and Section 702 are amended to read as follows: Section 701. Compliance (a) "Any person who fails to meet the requirements made in any notice duly served as provided in Chapter 4 of this code shall be guilty of a misdemeanor for each day such failure continues after the date the notice requires compliance. (b) If no appeal has been filed and the required repair or demolition has not been commenced within fifteen (IS) days from the date of any notice served pursuant to Chapter 4 of this code, or if required action has not been completed as required by such notice, the building official shall commence proceedings as follows: I. The building official shall cause such building to be vacated by posting at each entrance thereto a notice reading: SUBSTANDARD BUILDING It is a misdemeanor to occupy this building or to remove or deface this notice. Building Official City of Colleyville, Texas 2. The city council shall be notified and requested to consider holding a public hearing to decide whether to order the repair, removal, or demolition specified in such notice to be done and whether to cause the cost of such work to be paid and levied as a special assessment against the property." 6 Ordinance 0-86-617 Section 702. Proceedings before City Council. (a) "Date. The city council may set a date and time for a public hearing to consider ordering the improvement and assessment of any property where the owner has failed to improve as required by notices described in Chapter 4 hereof. Such public hearing shall be held not less than fifteen (15) nor more than sixty (60) days from the date such hearing is set. (b) Notice. Notice of the public hearing to be held before the city council shall be given by causing a notice thereof to be served on the owner of such property. Such notice shall be served in the same manner and method as notices of the building official are served as described in Chapter 4 of this code. Such notice shall include the date, time, and place of such hearing and shall require that cause be shown why an order should not be issued by the city council requiring the repair, removal, or demolition of the described property within a reasonable time and a statement that if such action is not taken, the work will be done by the city and the cost thereof assessed against the land. (c) Hearing, Order.The city council shall hold a public hearing as set forth in the notice thereof and may order removal, repair, or demolition of any such property and shall establish a date for the completion thereof, and may order that if such action is not completed by such date, that such be done at the expense of the City of Colleyville, and the cost thereof together with interest at the maximum amount allowed by law, be assessed as a lien against the described premises. Such order shall be served in the same manner as the notice of public hearing." (9) Chapter 8 is hereby amended to read as follows: Chapter 8 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I 18 ' I 19 20 21 22 23 24 25 26 Ordinance 0-86-617 "Performance of Repair, Removal, or Demolition Section 801(a) Procedure. When any work of repair, removal, or demoli tion is to be done pursuant to the provisions of any order of the city council, the work may be accomplished by city personnel or by private contract as may be deemed necessary. Rubble and debris shall be removed from any premises and the lot cleaned if removal or demolition is ordered. The building materials may be sold if removal or demolition is ordered, and the proceeds shall be used to offset other costs of cleaning the lot. (b) Costs. The cost of such work shall be paid from city funds and shall constitute a special assessment and a lien against such property to secure payment thereof together with interest at the maximum amount allowed by law on such amount from the date the city incurs the expense. Such liens shall be privileged and second only to tax liens and liens for street improvement." (IO) Chapter 9 is hereby amended to read as follows: Chapter 2. "Recovery of Cost of Repair, Removal, or Demolition Section 901. A sworn account of the expense incurred by the city in the repair, removal, or demolition of any building done pursuant to the provisions of this code shall be filed by the building official with the city secretary. The city secretary shall file such notice of the city's assessment and lien in the deed records of Tarrant County, Texas. Such notice shall read substantially as follows: STATE OF TEXAS COUNTY OF TARRANT NOTICE OF LIEN , building official for the City of Colleyville, makes oath and says that the 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I I 26 J Ordinance 0-86-617 City of Colleyville has incurred an expense of $ in improving property known and described as Such expense was incurred to eliminate violations of the city' s code after notices pursuant to ordinance and to Article 1175, Section 35, V.A.T.S. were served on the record owner thereof, at , _________________________, and after public hearing before the city council as required by law. This assessment shall constitute a first and prior lien, subject only to tax and paving liens. No building permit or certificate of occupancy will be issued on this property unless and until this lien is paid together with the maximum amount of interest allowed by law from the date such expenses were incurred. No utility service of any kind will be available to such property until this lien is paid. Building Official Colleyville, Texas SWORN TO AND SUBSCRIBED before me by the said , this day of ---------;--19-----;-to- certify whichwitness my hand and seal of office. Section 902. No utility service, building permit, or certificate of occupancy shall be allowed for any such property until any such lien is released by the city and the assessment is paid. Section 903. Upon instruction of the city council, the city attorney shall bring an action in any court of proper jurisdiction against the owner of any premises to recover the costs incurred by the city." Sec. 9. THAT any person, firm or corporation violating any 9 26 ---- jj provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Hundred Dollars ($200.00). Each day any such violation continues or is allowed to exist shall constitute a separate violation and be punishable hereunder. Ordinance 0-86-617 1 2 3 4 5 6 7 Sec. 10. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption and penalty clauses of thi%rdinance as an alternative method provided by law. ATTEST: ~/)~ City Secretary 8 AND IT IS SO ORDERED. 9 10 11 The first day of The secon day of ~~~ ~~irdr;;r~ and 12 13 14 15 16 17 18 19 J public hearing being conducted on the dJ/ I , 1986. public hearing being conducted on the , 1986. public hearing being conducted on the , 1986. ~' 7ti? CITY OF COLLEYVILLE Approved as to Form and Legality: 20 ~JT~~ Ross . F ster City Attorney 21 22 23 24 25 10