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HomeMy WebLinkAboutOrdinances (O-82-433)-01/19/1982 VOL PAGE c;J~1uf;' J:J - ;-1/ /:&fJjJ.M., ! .-/~'-1 ,.. 1 2 3 ORDINANCE NO. 0-82- 413 4 AN ORDINANCE A~mNDING SECTION 2 OF CHAPTER 3 OF THE COLLEYVILLE CODE BY AMENDING AND MODIFYING THE UNIFORM HOUSING CODE AS ADOPTED BY THE CITY BY PROVIDING A DEFINITION OF BUILDING OFFICIAL AS SAME IS USED IN THE CODE, PROVIDING FOR THE CITY COUNCIL TO CON- DUCT ALL PUBLIC HEARINGS REQUIRED UNDER THE CODE, SETTING OUT SPECIFICALLY THE NOTICE REQUIREMENTS TO AN OWNER OF A SUBSTANDARD BUILDING, SPECIFYING THE MANNER OF SERVICE OF SAID NOTICE, DELET- ING THE REQUIREMENT OF RECORDATION OF NOTICE AND ORDER AS PRO- VIDED BY THE CODE, MODIFYING THE APPELLATE TIME SCHEDULE IN THE CODE, DELETING ENTIRELY CHAPTER 13 OF THE CODE WHICH DEALS WITH A PROCEDURE FOR CONDUCTING APPEALS, AMENDING THE CODE TO PROVIDE THAT FAILURE TO MEETING THE REQUIREI~NTS THEREOF CONSTITUTES A MISDm1EANOR AND PROVIDING FOR A PROCEDURE IN THE EVENT REQUIRED REPAIR OR DEMOLITION UNDER THE CODE HAS NOT BEEN COMPLETED WITHIN THE APPROPRIATE TIME SCHEDULE, PROVIDING THE MANNER OF REPAIR AND REMOVAL OF DEMOLITION WHEN SAME IS NOT COMPLETED BY THE rnvNER, PROVIDING FOR RECOVERY OF COST TO REPAIR, REMOVE OR DEMOLITION TO THE CITY BY CREATION OF A LIEN UPON THE PREMISES. 5 6 7 8 9 10 11 12 WHEREAS, the City has adopted the Uniform Housing Code which pro- vides a procedure for the repair, demolition or destruc- tion of substandard buildings; and, 13 14 WHEREAS, that procedure does not take into consideration the staff and administrative services of the City; and, WHEREAS, the City Council is of the opinion that said Code should be amended to provide a quick, equitable and effective manner of dealing with substandard buildings within the City; NOW, THEREFORE, 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLF., TEXAS: 15 16 18 Sec. 1. THAT Section 2 of Chapter 3 of the Colleyville Code be amended to read as follows: 19 "HOUSING CODE 20 21 A. The Uniform Housing Code, 1979 Edition, as adopted by the International Conference of Build- ing Officials, a copy of which is on file in the office of the city secretary, is hereby adopted by reference and designated as the Housing Code of the City of Colleyville, together with the amendments hereinafter set forth, as though such Codes were copied at length herein. 22 23 24 25 B. The publication adopted by Section A is hereby amended and changed in the following respects: 26 Ordinance No. 0-82-433 Page 2 VOL PAGE 1 2 3 (1) The phrase 'City of as used throughout such publication shall be deemed to read 'City of Colleyville, Texas.' 4 (2) Section 201(a) is amended to read: 5 6 The term 'building official' as used herein shall be construed to be that individual desig- nated by the city manager to carry out such duties. Such person is hereby authorized and directed to administer and enforce all the provisions of this code. 7 8 (3) Section 203 is amended to read: 9 10 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 1201 of this code. The city council shall be deemed to be the housing advisory and appeals board. 11 12 13 (4) Section 1101(b) is hereby amended to read in its entirety as follows: 14 Section 1101(b) Notice. 15 The building official shall issue a notice directed to the record owner of the building. The notice shall contain: 16 17 1. The street address and a legal description sufficient for identification of the pre- mises upon which the building is located. 18 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. 19 20 21 22 3. A statement of the action required to be taken as determined by the building official. 23 4. A requirement that the owner or person in charge of the building or premises secure required permits and commence the required action within fifteen (15) days frOM the date of such notice and that all work be completed 24 25 26 21 22 23 24 25 Ordinance No. 0-82-433 Page 3 VOL PAGE 1 2 3 within such time as the building official shall determine is reasonable. 4 5. If the building official has determined that the building or structure must be vacated, the notice shall contain a require- ment that the building be vacated within such time from the date of the notice as determined by the building official to be reasonable. 5 6 7 8 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 com- pleted. 9 10 11 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. 12 13 14 15 (5) Section 110l(c) is amended to read as follows: 16 (c) Service of Notice. The notice and any amended notice shall be served upon the record owner, and posted on the property. 17 18 (6) Section 1101(d) is hereby amended to read as follows: 19 (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 pre- paid, 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 per- son so appears or is known to the building official, then a copy of -the notice and order shall be published twice within ten (10) consecutive days in a newspaper of general circulation in the city. The failure of any sur:h person to receive such 20 26 Ordinance No. 0-82- 433 Page 4 PAGE VOL 1 2 3 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 date of the second pub- lication. 4 5 6 (7) Section 1102 on page 26 is hereby deleted. 7 (8) Section l201(a) is hereby amended by changing the number thirty (30) days in the fourth line on page 28 to ten (10) days thus reducing the time available for appeal of notice, order or action of the building official. 8 9 10 (9 ) Chapter 13, is deleted in its entirety. 11 (10) Section 1401 and Section 1402 are amended to read as follows: 12 Section 1401. Compliance. 13 (a) Any person who fails to meet the require- ments made in any notice duly served as provided in Chapter 11 of this code shall be guilty of a misdemeanor for each day such failure continues after the date the notice requires compliance. 14 15 (b) If no appeal has been filed and the re- quired repair or demolition has not been commenced within fifteen (15) days from the date of any notice served pursuant to Chapter 11 of this code; or if required action has not been completed as required by such notice, the building official shall commence proceedings as follows: 16 17 18 19 1. The building official shall cause such building to be vacated by posting at each entrance thereto a notice reading: 20 'SUBSTANDARD BUILDING 21 22 It is a misdemeanor to occupy this building or to remove or deface this notice. 23 Building Official City of Colleyville, Texas.' 24 25 2. The city council shall be notified and re- quested to consider holding a public hear- 26 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance 0-82-433 Page 5 VOL PAGE 1 2 3 ing 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. 4 5 Section 1402. Proceedings before City Council. 6 (a) Date. The city council may set a date and time for a public hearing to consider order- ing the improvement and assessment of any property where the owner has failed to improve as required by notices described in Chapter 11 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. 7 8 9 (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 build- ing official are served as described in Chapter 11 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 Colley- ville, and the cost thereof together with interest at the maximum amount allowed by law, be assessed as a lien aqainst the described premises. Such order shall be served in the same manner as the notice of public hearing. (11) Chapter 15 is amended to read as follows: Chapter 15 Performan:::e of Repair, Removal or Demolition Section 1501(a) Procedure. When any work of 20 21 22 23 24 25 26 Ordinance No. 0-82- 433 Page 6 VOL PAGE 2 3 repair, removal or demolition 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 build- ing materials may be sold if removal or demoli- tion is ordered, and the proceeds shall be used to offset other costs of cleaning the lot. 4 5 6 7 (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. 8 9 10 11 (12) Chapter 16 is amended to read as follows: 12 Chapter 16 13 Recovery of Cost of Repair, Removal or Demolition 14 Section 1601. 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 follmvs: 15 16 17 18 'STATE OF TEXAS COUNTY OF TARRANT 19 NOTICE OF LIEN , Building Official for the City of Colleyville makes oath and says that the 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 Housing Code after notices pursuant to ordinance and to Article 1175, ~35, V.A.T.S. were served on the record owner thereof, at , , and after public hearing before the City Council 10 VOL PAGE Ordinance No. 0-82 - 433 Page 7 19 20 The day The day The day 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 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 utilitv 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 which witness my hand and seal of office. Section 16.02. No utility service, building permit or certificate of occupancy shall be allowed for any such property until any such lien is re- leased by the city and the assessment is paid. Section 16.03. 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 ci ty . " Sec. 2. Paragraphs C and D of Section 2 of Chapter 3 of the 18 Colleyville Code are hereby repealed. AND IT IS SO ORDERED. ., ,~"" . " ." "- .. ,'tV/i2,(tb! '. _~/,4;.)/;~^. L'aVada Johnson" City Secretary 21 22 ATTEST: 23 24 25 26 first 'r~ading and public hearing being conducted on the of /'-.i Ef.f fJt-t:t'c, ,1911 . second reading and public hearin~~peing conducted on the ~~ird rtji~(<J~n~/ public he~r~~~r'~~i~g conducted on the ", "J o f,44U,.uz., lu , 19 .J--;~l', ~'..-T'.- , , !./' 'f( ;; " T .il 1/) 7"11, -r . . CITY OF COLLEYVILLE BY'&C!o. ~ Buck Hub ar , 1',1 or