HomeMy WebLinkAboutOrdinances (O-86-617)-07/07/1986
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ORDINANCE NO. 0-86-617
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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.
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WHEREAS, the City of Colleyville has received the recommendation
for the adoption of the 1985 editions of Uniform
Codes; and,
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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,
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TEXAS:
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Sec. 1. THAT Chapter 3, Section I, Part A of the Colleyville
Code of Ordinances be amended to read as follows:
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"A. Uniform Building Code
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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."
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Sec. 2. THAT Chapter 3, Section 2, Part A of the Colleyville
Code of Ordinances be amended to read as follows:
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"A. Adoption of Uniform Housing Code.
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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
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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:
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11(7) Section 1102 is hereby deleted.
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(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
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Code of Ordinances be amended to read as follows:
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IIA. IIAdoption of Uniform Sign Code.
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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
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Sec. 5. THAT Chapter 3, Section 4, Part A of the Colleyville
Code of Ordinances be amended to read as follows:
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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
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Sec. 6. THAT Chapter 3, Section 5, Part A of the Col1eyville
Code of Ordinances be amended to read as follows:
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"A. Adoption of Uniform Mechanical Code.
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Ordinance 0-86-617
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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:
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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
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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
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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."
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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
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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
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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
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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
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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:
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City Secretary
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AND IT IS SO ORDERED.
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The first
day of
The secon
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public hearing being conducted on the dJ/ I
, 1986.
public hearing being conducted on the
, 1986.
public hearing being conducted on the
, 1986.
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CITY OF COLLEYVILLE
Approved as to Form and Legality:
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Ross . F ster
City Attorney
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