HomeMy WebLinkAbout06-16-25-Ordinance-ORD 06-16-25 Amending Chapter 8 Offenses and Nuisances-06/17/2025 CITY OF SANGER, TEXAS
ORDINANCE 06-16-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON
COUNTY, TEXAS, AMENDING CHAPTER 8 OFFENSES AND NUISANCES,
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT, PROVIDING A
CUMULATIVE CLAUSE, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING
FOR A PENALTY OR FINE IN ACCORDANCE WITH SECTION 1 109 OF THE CODE
OF ORDINANCE FOR VIOLATIONS, PROVIDING FOR A SAVINGS CLAUSE,
AUTHORIZING PUBLICATION, AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS,the City of Sanger(the"City")is a home rule municipality regulated by state
law and Charter, and
WHEREAS,the City Council finds it necessary for the public health, safety and welfare
that development occur in a controlled and orderly manner, and
WHEREAS, On June 16, 2025 the City Council approved Ordinance 06-16-25
amending Chapter 8 Offenses and Nuisances, and
WHEREAS,all requests for a amendment to the Code of Ordinances were duly filed with
the City of Sanger, Texas, concerning the hereinafter described, and
WHEREAS,the Planning and Zoning Commission on June 9, 2025, duly covered and
conducted public hearing for the purpose of assessing a request for an amendment to the code of
ordinances recommending approval for the hereinafter described and
WHEREAS,the City Council finds that the passage of this Ordinance is in the best interest
of the citizens of Sanger
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS
SECTION 1 That Chapter 8 Offenses and Nuisances, is amended as provided below
8 100 INOPERABLE AND JUNKED VEHICLES
8 101 Definitions
Add definitions below
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Accessory building or use,
One which
(a) Is subordinate to and serves a principal building or principal use,
(b) Is subordinate in area, extent or purpose to the principal building or
principal use served,
(c) Contributes to the comfort, convenience and necessity of occupants of the
principal building or principal use served,
(d) Is located on the same building lot as the principal building or principal use
served, or,
(e)May be part of the principal building
Administrator The director of the department designated by the City Manager to enforce
and administer this Chapter, including the Director's designees
Authority having jurisdiction The building official,the code enforcement officer, or
their designated representatives, are empowered to enforce the provisions of this division
Building code The International Building Code,promulgated by the International Code
Council, as adopted and as amended by the City Council
Business For the purpose of this ordinance this term means any activity or enterprise
entered into for profit It does not mean it is a company, a corporation,partnership, or
have any such formal organization, but it can range from a peddler to large corporation
City Appeal Officer The authorized person designated by the City Manager to hear
appeals from denials or revocations of permits
Code official The building official, his/her designee, or any duly authorized
representative of the city who is charged with the administration and enforcement of this
chapter"
Commission The building and standards commission of the City
Dangerous structures Are declared whenever
(1)Any portion of a structure has been damaged by fire, earthquake, wind, flood
or by any other cause, to such an extent that the structural strength or stability
thereof is materially less than it was before such catastrophe and is less than the
minimum requirements of the building code for new buildings of similar
structure,purpose or location, or
(2) Whenever the building or structure has been so damaged by fire,wind, or
natural disaster, or has become so dilapidated or deteriorated as to become
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(A)An attractive nuisance to children,
(B)A harbor for vagrants, vermin, criminals or immoral persons, or
(C)As to enable persons to resort thereto for the purpose of committing
unlawful or immoral acts, or
(3) Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air, or sanitation facilities, or
otherwise is determined to be unsanitary, unfit for human habitation or in such a
condition that is likely to cause sickness or disease, or
(4) Any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage
property, or
(5) Whenever any building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive
construction, faulty electric wiring, gas connections or heating apparatus, or other
cause, is determined to be a fire hazard, or
(6) Whenever any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure or whenever any building or
structure is abandoned for a period in excess of six months so as to constitute such
building or portion thereof an attractive nuisance or hazard to the public
Electrical code The National Electrical Code,promulgated by the
National Fire Protection Association(NFPA), as adopted and as amended
by the City Council
Housing code The International Residential Code,promulgated by the
International Code Council, as adopted and as amended by the City
council and by the state, and shall include the International Property
Maintenance Code
International technical codes The series of codes promulgated by the
International Code Council, as adopted and as amended by the City
council, and which includes the International Building Code,the
International Residential Code,the International Mechanical Code,the
International Plumbing Code, the International Fuel Gas Code,the
International Property Maintenance Code and the International Fire Code
Mechanical code The International Mechanical Code,promulgated by the
International Code Council, as adopted and as amended by the City
council
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Donation Box Any drop-off box, container, trailer or other receptacle that is intended for
use as a collection point for accepting donated textiles, clothing, shoes, books,toys,
dishes, household items, or other salvageable items of personal property
Easement An acquired privilege or right-of-way use which one person, business, entity
and/or public agency has across, over or under land of another person, business, entity
and/or public agency
Fluorescent A color that appears very bright,vivid, or glowing to the human eye
Front Side The side of a donation box that contains the opening that allows the
depositing of donated items
GPS Global positioning system
Home Occupation For the purpose of this ordinance this term means an incidental use of
a dwelling unit(not an accessory structure) for gainful employment, involving the
provision of limited goods and/or services
Household items Furniture, furmshings, appliances and personal effects that are
typically found in a home
Improved Surface A surface area providing a stable base in an area not subject to water
run-off and/or flooding
Inoperable motor vehicle A motor vehicle that is not in operating condition because it is
wrecked, dismantled, partially dismantled, dilapidated, or has one (1) or more flat tires
Motor vehicle A vehicle that is self-propelled
Motor vehicle collector A person who owns one or more antique or special interest
vehicles and acquires, collects, or disposes of an antique or special interest vehicle or part
of an antique or special interest vehicle for personal use to restore and preserve an
antique or special interest vehicle for historic interest
Open and vacant structure A structure that is, regardless of its structural condition
(1)Unoccupied by its owners, lessees or other invitees, and
(2)Unsecured from unauthorized entry to the extent that it could be entered or
used by vagrants or other uninvited persons as a place of harborage or could be
entered by children
Operable Capable of being put into and ready for service and usable for a specific
purpose for which it was intended
Outside Display The display, outside of a structure, of objects, items,products, or other
merchandise that is intended and available for immediate sale,rental, or special order
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Outside Storage The storage, collection, or safekeeping of any goods, materials,
products, appliances, equipment, or containers that are not enclosed by a structure with
walls on all four(4) sides and a roof Outside storage does not include moveable toys
such as tricycles or pedal cars
Owner Any person or entity shown as the property owner on the latest property tax
assessment rolls or any person having any legal or equitable interest in the property,
including any agent who is responsible for managing, leasing or operating the property
and including any tenant
Perimeter fence An enclosure used as a boundary or means of providing protection,
confinement, or privacy and is located along the limits of the developed area and is
adjacent to an alley, utility easement, or right-of-way
Person Includes an individual, sole proprietorship, corporation, association, nonprofit
corporation,partnership,joint venture, a limited liability company, estate, trust, public or
private organization, or any other legal entity
Plumbing code The International Plumbing Code and the International Fuel Gas Code,
promulgated by the International Code Council, as adopted and as amended by the City
council
PODS An acronym and common name for portable on demand storage units
Portable on Demand Storage Unit Any box-like container transported by truck,tractor
or other vehicle for movement from place to place when used for a temporary storage
device The storage capacity would be more than 216 cubic feet and normally would be
stored off-site
Property All privately owned, occupied or unoccupied land, structure, facility, or
premises, including vacant land, and/or a structure designed or used for residential,
commercial,business, mdustrial or religious purposes The term "property" shall also
include, but not be limited to, a yard, ground, wall, driveway, fence, porch, steps or other
structure appurtenant to the property
Right-of-way The right of passage acquired for or by the public through dedication,
purchase or condemnation and intended to provide pedestrian and vehicular access to
abutting lots,tracts or areas which may also be used for utilities and to provide for
drainageways
Sight Barrier Fence A fence built of materials and constructed in such a way that
objects placed behind the fence cannot be seen from the opposite side of the fence Sight
barrier fencing must meet city specifications and be approved by the city building
inspector
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Stagnant water Any condition that exists in water and is characterized by bacterial
growth, algae, insect infestation,the remains of litter,trash, debris, garbage, refuse,
rubbish, or any other foreign matter which, because of its nature or location, constitutes
an unhealthy,unsafe, or unsightly condition
Structure That which is built or constructed, an edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite
manner and any portion
Structure, accessory Any structure on the same lot with, and is incidental and
subordinate to, the principal structure Flatwork, in-ground swimming pools and fences or
walls used as fences are excluded "
Temporary carport or auto shade cover A structure that is not permanently secured
below grade or which has a non-rigid top material used for the purpose of providing
shade, shelter, and/or weather protection for automobiles,trucks, recreational vehicles,
boats, and similar vehicles
Tenant A person, corporation, partnership or group occupying a building or portion
thereof as a unit under an arrangement of rent
Vacant There is an absence of any activity by the owner, a tenant, or a licensee related to
residency, work, trade,business, leisure, or recreation
Vehicle A device in or by which a person or personal property is or may be transported
or drawn on a public highway, or on any waterway, and shall include all motor vehicles,
trailers, campers, camper shells,wheeled towing frames, recreational vehicles,truck-
tractors,travel trailers, self-propelled farm equipment,motor-boats or boat trailers For
the purposes of this chapter, "vehicles" shall not include non-motorized bicycles,
skateboards, roller skates, or any other non-motorized toy vehicle
Visibility triangle The triangular sight area from the corner of converging streets to a
distance of twenty-five (25) feet along each street with the triangle completed by drawing
a line through the property from both twenty-five (25) foot points on the converging
streets
Workmanlike Skillful,masterly, careful,thorough, adept and proficient manual,
industrial or artisan work executed to be generally plumb, level, square, in line,
undamaged and without marring adjacent work
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Add 81011
8 101 1 For purposes of this article, "junked vehicle" includes a motor vehicle,
aircraft, or watercraft
This subsection applies only to
(1)A motor vehicle that displays an expired license plate or does not display a
license plate,
(2)An aircraft that does not have lawfully printed on the aircraft an unexpired
federal aircraft identification number registered under Federal Aviation
Administration aircraft registration regulations in 14 C F R part 47, or
(3)A watercraft that does not have lawfully on board an unexpired certificate of
number and is not a watercraft described by section 31 055, Texas Parks and
Wildlife Code
Replace 8 102 with below
8 102 Inoperable vehicles, inoperable motor vehicles,junked vehicles declared
public nuisance, maintaining public nuisance prohibited
(1) An inoperable vehicle, inoperable motor vehicle, or junked vehicle that is visible from
any right-of-way or adjacent property and/or is detrimental to the safety and welfare of
the general public,tends to reduce the value of private property, invites vandalism,
creates a fire hazard, is an attractive nuisance creating a hazard to the health and safety of
minors, or produces urban blight adverse to the maintenance and continuing development
of the city, is declared to be a public nuisance
(2) It shall be unlawful for any person, owner, agent, occupant or anyone having
supervision or control of any real property within the city to maintain a public nuisance
as determined under this section
(3) It shall be unlawful for any person, owner, agent, occupant or anyone having
supervision or control of any real property within the city to have more than one (1)
inoperable vehicle, inoperable motor vehicle, or junked vehicle upon their property This
subsection shall not apply to auto sales lots,vehicle repair businesses, and salvage yards
as long as all inoperable and junked vehicles on these properties shall be kept in
compliance with subsections (d), (e), (f), and (g)
(4)Any inoperable vehicle, inoperable motor vehicle, or junked vehicle shall be screened
from any right-of-way or adjacent property by means of a solid opaque fence or shall be
enclosed within a building In no case shall any cover placed over an inoperable vehicle,
inoperable motor vehicle, or junked vehicle constitute adequate screening
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(5)Vehicle repair businesses may have up to five (5) inoperable vehicles, inoperable
motor vehicles, or junked vehicles legally parked on the business property which are not
screened from public view regardless of whether the vehicles are currently registered and
inspected,provided that the vehicles are not wrecked, dismantled,partially dismantled,
dilapidated, have broken window glass, or have one (1) or more flat tires
(6)Auto sales lots are exempt from subsection(d) when operating in compliance with all
state laws and any other city ordinances regulating auto sales, and which are not
displaying vehicles that are wrecked, dismantled,partially dismantled, dilapidated, have
broken window glass, or have one (1) or more flat tires
(7)Vehicle repair businesses may not maintain inoperable or junked vehicles on their
property in excess of one hundred twenty (120) consecutive days The vehicles on the
property must be on the property for the purpose of repair Additionally, a current, valid
work order must be maintained for every vehicle A current,valid work order is a work
order that is one hundred twenty (120) days old or less
(8) It shall be presumed that a vehicle that is not demonstrated to be operable upon
request of the designated city official is an inoperable vehicle
(9) An inoperable motor vehicle that remains inoperable for more than thirty (30)
consecutive days becomes a junked vehicle
(10) At no time shall a tarp or any cover not designed to cover a motor vehicle or vehicle
be used as a cover for an operable motor vehicle or operable vehicle
Replace 8 103 with below
Sec 8 103 Procedures for abating nuisance
(1) The city may abate and remove a junked vehicle or a part of a junked vehicle as a
public nuisance from private property, public property or public rights-of-way as
provided in this section
(2) For such nuisance on private property,the city shall give not less than ten(10) days'
notice stating the nature of the public nuisance on private property,that it must be
removed and abated within ten(10) days and that a request for a hearing must be made
before expiration of the ten-day period The notice shall be mailed,by certified mail with
a five-day return requested,to the last known registered owner of the junked motor
vehicle, any penholder of record and the owner or occupant of the private premises on
which the public nuisance exists If any notice is returned undelivered by the United
States Postal Service, official action to abate the nuisance shall be continued to a date not
less than 10 days after the date of the return
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(3)For such nuisance on public property, the city shall give not less than ten(10) days'
notice, stating the nature of the public nuisance on public property or on a public right-of-
way,that the nuisance must be removed and abated within ten(10) days The notice shall
be mailed, by certified mail with a five-day return requested,to the last known registered
owner of the junked motor vehicle, any lienholder of record and the owner or occupant of
the public premises or to the owner or occupant of the premises adjacent to the public
right-of-way on which the public nuisance exists If the notice is returned undelivered by
the United States Postal Service, official action to abate the nuisance shall be continued
to a date not less than ten(10) days after the date of the return
(4)Notice shall be given to the Texas Department of Transportation not later than the
fifth day after the date of removal The notice shall identify the vehicle or vehicle part
The department shall immediately cancel the certificate of title to the vehicle pursuant to
the Certificate of Title Act,V T C A Transportation Code ch 501
(5) The procedures m this section shall not apply to a vehicle or vehicle part that is
completely enclosed within a building in a lawful manner where it is not visible from the
street or other public or private property, a vehicle or vehicle part that is stored or parked
in a lawful manner on private property in connection with the business of a licensed
vehicle dealer or junkyard or an unlicensed, operable or inoperable antique or special
interest vehicle stored by a collector on the collector's property, if the vehicle and the
outdoor storage area are maintained in a manner so that they do not constitute a health
hazard and are screened from ordinary public view by means of a fence, rapidly growing
trees, shrubbery or other appropriate means
Add below 8 109
8 109 Disposal of junked vehicles
A junked vehicle or vehicle part may be disposed of by removal to a scrapyard,
demolisher or any suitable site operated by the city for processing as scrap or salvage
The city may transfer the vehicle or vehicle parts to a disposal site if the disposal is only
as scrap or salvage
Add 8 110
8 110 Enforcement
The code enforcement officer may enter private property as authorized by law for the
purposes specified in the procedures to examine a vehicle or vehicle part, obtain
information as to the identity of the vehicle and remove or cause the removal of a vehicle
or vehicle part that constitutes a nuisance 1)with consent of the owner or person m
control of the property, 2) with a valid warrant issued by a magistrate, or 3)when the
private property is open to the public
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Add 8 111
8 111 Fence Maintenance
Maintenance of perimeter fences
(1) An owner shall maintain all perimeter fences in sound structural condition
(2) All perimeter fences, including those existing prior to the adoption of this Article,
shall be maintained at all times in a state of good repair with no broken, loose, damaged,
removed or missing parts, and in safe and secure condition with all braces, bolts,nails,
supporting frame and fastenings free from deterioration,termite infestation, rot,rust or
loosening, and able to withstand the wind pressure for which they were designed
(3) Perimeter fences shall not lean at an angle from the vertical plane any greater than
five (5) degrees
(4) Perimeter fence repairs shall be made using the same material, or a very similar
material with comparable composition, color, size, shape, and quality of the original
fence to which the repair is being made
(5) All areas between the fence or wall and the back of the curb, the edge of the street, or
any adjacent property shall be maintained in a manner that is clear of trash and debris and
high grass and weeds at all times
(6) It is a defense to prosecution under subsection(a), if an owner completely removes a
fence which was in disrepair,provided that the owner is not required to keep a fence
pursuant to any other law or regulation
(7) All non-perimeter fences that can be viewed from a public right-of-way and whose
ownership has been clearly determined must comply with the provisions as outlined for
perimeter fences in subsections (a)through(f) above
Add 8 112
8 112 Outside Storage
Outside storage
(1) In addition to complying with EPA regulations,the International Fire Code, and all
other applicable rules and regulations, outside storage for a residential use property shall
comply with the following
(a) Shall not be located in any portion of the front yard and shall be screened from
public view at all times
(b) Screening shall be of natural vegetation or Sight Barrier Fence designed
according to Code of Ordinances Article 3 2000 Fence materials and vegetation
shall be maintained in a state of good repair at all times
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(c) At no time shall a tarp of any kind be used for screening
(d) Moveable toys such as tricycles,pedal cars and basketball goals, shall be
exempt from the screening requirements
(2) It shall be unlawful for any person to maintain, conduct, allow, or permit any outside
storage of any of the following items on any property except as otherwise provided
herein
(a) Building materials, whether new, used,reclaimed, or reused
(b) Supplies, materials, or other items associated with a home occupation,
(c) Equipment, tools, supplies, materials, or other items not typically associated
with a residential use or activity,
(d) Chemicals (mcludmg pool or spa chemicals), bagged or boxed fertilizer,pre-
emergent, or other organic or synthetic substances used for landscaping purposes,
(e) Furniture, including, but not limited to, couches, chairs, shelves, tables,
dressers, or other similar items, which furniture is designed or intended by the
manufacturer for indoor use and constructed of polished wood or wood veneer,
cloth, or any other material not specifically designed or intended for outdoor use,
(f)Appliances not designed for outdoor use, including, but not limited to,
refrigerators, freezers, ovens, ranges, dishwashers, clothes washing machines or
dryers, or other household or similar appliances primarily designed or intended
for indoor use,
(g)Building fixtures not designed for outdoor use, including,but not limited to,
bathtubs, commodes, sinks,hot water heaters, or other building fixtures primarily
designed or intended for indoor use,
(h) Spa and pool equipment designed for outdoor use but not installed, including,
but not limited to, hot tubs, Jacuzzis, swimming pools, or other similar equipment
primarily designed or intended for outdoor use,
(i)Play equipment including,but not limited to,play structures,trampolines,
pools, swing sets, slides, see-saws, exercise equipment, and other recreational
equipment that is intended by the manufacturer to remain in a stationary location
on any portion of a lot other than entirely within the side yard or rear yard of the
lot
(U) Barbeque grills or other similar outdoor cooking equipment on any portion of a
lot other than entirely within the side yard or rear yard of the lot,
(k) Lawn maintenance equipment on any portion of a lot other than entirely
within the side yard or rear yard of the lot,
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(1)Motor vehicle parts and/or accessories including, but not limited to, engines,
transmissions, electrical parts, suspension parts, vehicle body parts,batteries,
tires, wheels,hubcaps, and other motor vehicle parts, or
(m) Firewood on any portion of the front or side yard that is not screened from
public view
(3) It is an affirmative defense to prosecution that the following items are maintained in
good repair, are for residential use, and are not a nuisance to the public
(a) Storage, collection, or safekeeping in a carport of
i Motorized lawn equipment,
u Storage containers, if stored and maintained in an orderly manner
against a permanent wall, or
in Household and yard tools, and household cleaning implements, if
stored and maintained in an orderly manner against a permanent wall
(b)A washer or dryer that is connected and regularly used where the only washer
or dryer connection is located under a carport or breezeway
(c) Furmture designed for outdoor use and that such furniture is in good condition
and is not deteriorated
(d)Building materials that are temporarily stored in a workmanlike manner as
part of and in conjunction with, an active building permit,
(4) Commercial, industrial, or properties zoned that allow land use other than residential
use shall conform to the following Outside Storage requirements
(a) Screening All outdoor storage shall be screened from public view at all times
by a permanently maintained solid fence at least six (6) feet in height along any
side of the property Fencing for this purpose shall be designed according to
Article 3 2000
(b)Location Outdoor storage shall not be located in any required setback area,
shall not obstruct or eliminate any required parking or loading space, required
lighting, sidewalk, pathway, building exit, access drive, or fire lane, or occupy
any street right-of-way No items shall be stored m any part of a fire lane,
required parking space, maneuvering lane, public right-of-way, or visibility
triangle
(c) Type of Materials Storage shall be limited to goods and materials customarily
stored outside and resistant to damage and deterioration from exposure to the
elements
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(5) Residential properties with homesteads that exceed two (2) acres may have operable
agricultural equipment,two (2) of which may be trailers and must be located one hundred
fifty (150) feet from the street and adjacent properties and behind the front building line
Additionally,the agricultural equipment may not be parked on any easement or right-of-
way Agricultural equipment is equipment used for farming operations that is currently
operable and is not required to be registered by the State of Texas
(6) It shall be unlawful to use a vehicle for living or sleeping quarters, or for the storage
of trash, debris or personal property not normally associated with the vehicle
Add 8 113
8 113 Temporary Storage Containers and Other Portable Storage Uses
Permit Required
(1) Residential Zoning District
(a) Three permits per calendar year with a maximum of 30 days per permit
(b) One POD per permit
(c)No waiting period between permits
(d) Multiple permits at one time allowed
(2) Commercial Zoning District
(a) One permit per calendar year
(b) One Permit is valid for any number of PODS
(3) Temporary Storage Containers and Other Portable Storage Units
(a) Temporary storage containers and other portable storage units shall be located
on an improved surface, but may not be located in any part of a fire lane, required
parking space, maneuvering lane,public right-of-way, or visibility triangle
(b) The property where the temporary storage container or other portable storage
unit is located shall contain a principal structure, and the storage container or
other portable storage unit will be considered accessory to the principal structure
(c) Storage containers and other portable storage units shall not be permitted other
than the provisions included in this ordinance
Add 8 114
8 114 Temporary Carport
Temporary carports and/or auto shade covers prohibited
The use of temporary carports and/or auto shade covers are expressly forbidden in both
residential and commercial districts in the city with exceptions for licensed car
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dealerships, car washes, and auto detailers whose structures are in compliance with other
city ordinances and laws
Add 8 115
8 115 Outside Display
Outside displays of merchandise shall comply with the following criteria
(1) Shall be arranged in an orderly manner and is part of the merchandise of an
authorized retail business that is located in zoning districts that allow retail sale
(2) In the immediate vicinity of the storefront,may not project out to such an extent that
the display interferes with pedestrian or vehicular traffic, and may not be left out during
hours when the store is closed
(3) Shall not be displayed in a manner that creates an unsafe condition or obscures any
sight visibility line or sight visibility triangles
(4) Shall not be located on any public property,within a public easement, within a
designated fire lane, within any required parking spaces, or located so as to obstruct safe
vehicular or pedestrian passage, ingress, or egress
(5) Shall be maintained so as to not become a nuisance to the public or any adjoining
property
Add 8 116
8 116 Home Occupations
Such home occupations are permitted as an accessory use in the residential district and
are subject to the requirements of that district in which the use is located
(1) Purpose and intent
(a)Protect residential areas from adverse impact of activities associated with
home occupations
(b) Permit residents of the community a reasonable choice in the use of their
homes as a place of livelihood and the production or supplementing of personal
and family income
(c)Establish criteria and development standards for home occupations conducted
in dwelling units
(2) The following provisions apply to home occupations
(a) Dwelling
i A home occupation shall be permitted only when it is an accessory use
to a detached single-family dwelling unit
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ii A home occupation shall not involve any external structural alteration
of the single-family dwelling unit
(b)Employees
i Only one (1) employee other than occupants of the residence may be
employed in the home occupation A person who receives a wage, salary
or percentage of the profits directly related to the home occupation shall
be considered an employee for the purposes of this Subchapter,provided
that this definition shall not include the coordination or supervision of
employees who do not regularly visit the dwelling for purposes related to
the business
(c) External Display of Products
i There shall be no external display of products or any other externally
visible evidence whatsoever of the occupation, business or profession
There shall be no exterior indication of the home occupation or variation
from the residential character of the principal building and accessory
buildings
(d) Outdoor Storage
i A home occupation shall be carried on wholly within the principal
building and/or accessory buildings on the site so long as all other
requirements herein are met
ii Storage of goods, materials, or products connected with a home
occupation may be allowed in accessory buildings or garages, attached or
detached, as long as the goods,materials, or products are not hazardous
iii No outdoor storage of materials, goods, supplies, or equipment shall be
allowed
(e) Signage
i A person who engages in a home occupation shall not place an
advertisement, sign, or display on or off the premises
(f) Customers
i A home occupation shall not involve more than four(4)patrons on the
premises at one time
(g) Outdoor Activities
i Any outdoor activities associated with a home occupation shall be
screened from the neighboring property by a solid fence of at least six (6)
feet in height
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(h) Product Sales
i Retail sales shall be prohibited on the premises except for the retail sales
of products and goods produced and fabricated on the premises as a result
of the home occupation
(i) Definition of"On the Premises"
i "On the premises," as it pertains to home occupations, shall be defined
as the single-family dwelling unit plus the lot on which such structure is
located
(j) Nuisance
i A home occupation shall produce no offensive noise, vibration, smoke,
electrical interference, dirt, odors or heat in excess of those normally
found in residential areas
u No toxic, explosive, flammable, combustible, corrosive, radioactive, or
other hazardous materials shall be used or stored on the site for business
purposes
(k) Prohibited Equipment and Materials
i There shall be no chemical, mechanical, or electrical equipment on the
premises except a type that is similar in character to that normally used for
purely domestic or household mechanical equipment as for hobby
purposes in conjunction with the home occupation
(1)Parking and Business-Related Vehicles (vehicles either marked or equipped
commercially)
i No on-street parking of home occupation business-related vehicles shall
be permitted at any time No business vehicles larger than a van,panel
truck, or pickup truck shall be permitted to park overnight on the premises
The number of business-related vehicles shall be limited to one(1)
(3) Allowable Home Occupations
The following uses are allowable as home occupations without the approval of a
Special Use Permit
(a) Registered Family Homes (m-home childcare) or Adult Day Care, but not
more than six(6) children or adults at a time, including the caregiver's own
preschool-aged children or adult family member
(b) Tutoring of all types but limited to four (4)pupils at one time
i Arts and crafts
ii Small appliance repair
Ordmance 10-18-24 Amending Chapter 10 Roadway Impact Fees
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in Contractor offices (i e , painting, cleaning, yard maintenance,
building)
iv Attorneys
v Accountants
vi Real estate agents
vu Insurance agents
vui Counselors,psychological therapists
vx Tailor
(c) Chimney Cleaning
(d) Home marketing, mail-order products or services, and e-mail
(e) Laundering services
(f) Registered massage therapists
(g) Online retail business
(h)Any use determined by the Director to be an Allowable Home Occupation
(4)Home Occupations Requiring a Specific Use Permit
The following uses are allowable home occupations with the approval of a Specific Use
Permit
(a) Catering establishments (i e , business providing contract services consisting
of food and banquet preparations prepared internally and delivered to customers
off the premises)
(b) Musician's and artist's studio
(c)Barber and beauty shops, provided that the use is conducted by family
members who live in the residence (no outside employees permitted) The
business shall consist of no more than one (1)beauty/barber chair, and no more
than two (2) customers shall be permitted at one time Said business shall operate
only between the hours of 8 00 a m and 8 00 p m
(5) Occupations Not Allowed
The following uses are examples of home occupations which are not allowed
(a) Antique sales
(b) Medical doctors or any practice of physical and/or medical application,
including chiropractors
(c) Dentists
(d)Vehicle repair/mechanic's garages and automobile detailing
Ordmance 10-18-24 Amending Chapter 10 Roadway Impact Fees
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(e) Commercial greenhouses or nurseries
(f)Animal grooming
Add 8 117
8 117 Stagnant Water
(1) It shall be unlawful and considered a public nuisance for any person owning, leasing
or occupying real property, within the limits of the City of Sanger, to fail to remove the
accumulation or ponding of standing, stagnant, or non-maintained water thereon or
permit the same to remain, which may harbor or be a breeding ground for mosquitoes,
flies, or other pests, or which may cause a foul odor, or adversely impact the public
health and safety by any means Accumulations or pondmg of water shall not exceed a
forty-eight-hour period under normal rainfall conditions as described by the U S
Department of Commerce,National Oceanic and Atmospheric Administration National
Weather Service (NOAA)
(2)A finding by a Code Enforcement Officer of the City of Sanger shall constitute prima-
facie evidence that standing, stagnant, or non-maintained water is conducive to the
breeding or harboring of mosquitoes or other insects Potential tools to make this finding
may include measures of water turbidity, the presence of excessive organic matter in the
water, the presence of foul odors, visually apparent algal growth, or the presence of
mosquitoes, flies, or other pests The presence of mosquito larva is not required for
standing, stagnant, or non-maintained water to be classified as a public nuisance
(3) It shall be unlawful for any person, owner, agent, occupant, or anyone having
supervision or control of any real property within the city to maintain a public nuisance
as defined in section 6 101 of the City of Sanger Code of Ordinances
(4) It shall be the duty of said persons to abate nuisances described in this article by
(a) Draining, filling or re-grading any lots, ground, or yards which have standing
or stagnant water thereon, or
(b) Treating the area with material, either natural or manmade that will eliminate
any offensive odor and render the area harmless to the public health and eliminate
the potential breeding ground for mosquitoes, flies, or other pests
(5) It shall be the duty of said persons to maintain items that are capable of collecting
water, including but not limited to birdbaths, fountains,reflecting pools or ponds,private
or semi-private swimming pools or other items so that they cannot harbor or be a
breeding ground for mosquitoes, flies, or other pests or which may adversely impact the
public health and safety or create an odor nuisance
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Add 8.118
8.118 Visability Triangle
Visibility at Intersections
(1)Applicability. On a corner lot or a lot with a driveway,no use, structure, or plant
material, such as off-street parking spaces, fences, signs,berms,hedges, or planting of
shrubs shall be free of any structures or landscape elements over twenty-four(24) inches
in height, shall be maintained at street intersections and driveways.
(a) Intersection of Streets. The triangular area formed by the intersection of the
street right-of-way lines and a line connecting two (2)points which are located on
those intersecting right-of-way lines 25 feet from the point of the intersection of
the right of way lines.
VISIBILIT1
TRIANGLE
Property Line
Sidewalk
Curd)
Ordinance 10-18-24 Amending Chapter 10 Roadway Impact Fees
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r
Add 8 119
8 119 Donation Box
Applicability
The requirements of this section shall apply to all donation boxes regardless of whether
said boxes were placed prior to the effective date of these regulations No previously
placed donation boxes shall be granted any legally non-conforming rights under this
Chapter or any other chapter of the Code of the City of Sanger, Texas, as amended
Donation Box—General Provisions
(1) The storage of donated materials, goods, supplies shall occur only within the
permitted donation box Donated items shall not be stored outside of the permitted
donation box
(2)A donation box shall not be used for the donation and collection of hazardous
chemicals, mechanical equipment, or electrical equipment
(3)Any donation box located within the jurisdiction of the City of Sanger that does not
have a current, valid permit shall be subject to impoundment by the City Any donation
box impounded by the City shall be released to the owner upon payment of all applicable
impoundment and storage fees If a donation box is impounded for longer than ten
calendar days, it shall be considered abandoned property subject to disposal or sale at the
City's sole discretion
(4)Donation boxes shall only be permitted to be placed on real property located within
the following zoning use districts in Article 14 of the Sanger Zoning Ordinance
(a)Business District- 1
(b)Business District- 2
(c) Central Business District
(d) Industrial District, Light
(e) Industrial District, Heavy
(f) Planned Development District
Donation boxes may also be permitted on real property zoned Planned Development with
the above-referenced underlying zoning use districts Donation boxes shall not be
permitted to be placed on real property located within any other zoning use districts
Donation boxes are allowed on School and Church property, in any zoning district with
approved permit
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Donation Box Permit and Decal Required
It shall be unlawful for any person that owns, leases, is in control of, or is entitled to
possession of real property within the City of Sanger,to authorize or allow any donation
box to be placed on or remain on such real property without a valid permit decal in
compliance with the provisions of this Article
Permit Requirements
(1)Permit and decal required A permit and corresponding decal to allow a donation box
to be placed and used at a designated location shall be issued by the Administrator within
sixty (60) days of receipt of a completed application after determining that all the
requirements of this Section are satisfied
(2)Authorization for use A written authorization allowing the donation box on the
property shall be required from the real property owner, lessee, or property manager
(3) Requirement to keep clean A permit holder shall be responsible for collecting the
contents of the donation box to prevent overflow and littering A permit holder shall keep
the real property situated within 25 feet of the location of a donation box clean and free
of trash, debris, broken glass, coat hangers, clothes, clothing accessories, or excess
donations A permit holder that fails to maintain the cleanliness of the surrounding real
property may receive a notice of violation from the City If the City elects to send a
notice of violation to the email address on file for the permit holder,the permit holder
shall have 48 hours to remedy the complaint Failure to comply with a notice of violation
may result in the issuance of a citation by the City A permit holder who is issued a
citation within the one-year term of a donation box permit is subject to revocation of the
associated donation box permit
(4)Number of Boxes Allowed No more than one (1) donation box may be permitted for
placement on any one lot In the case of a shopping center or office development that
consists of multiple platted lots,the Administrator shall treat the shopping center or office
development as if it is only one contiguous lot
(5)Maximum Size of the Box No donation box shall exceed 120 cubic feet in size
(6) Construction Material for the Box Each donation box shall be constructed from metal
material to prevent high winds from toppling and/or moving the donation box and to
reduce the potential of arson or graffiti
(7) Color of the Box Each donation box shall be painted one solid color Trade dress
color schemes or corporate logos will be allowed No fluorescent colors shall be used for
a donation box or its associated signage
(8) GPS Coordinates No donation box shall be permitted without a valid set of GPS
coordinates identifying the placement location of the donation box
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(9)Placement on Site No donation box shall be permitted within any right-of-way,the
row of parking adjacent to street right-of-way unless an existing landscape setback is
present in good condition If there is no existing landscape setback, a donation box shall
not be placed less than 40 feet from the adjacent street right-of-way Donation boxes shall
be located on an improved surface,but may not be located in any part of a public
easement, fire lane, required parking space,maneuvering lane,public right-of-way, or
Vision Clearance Area
(10)Notice to donators Each donation box shall clearly indicate in writing on the front
side of each box that all donations must fit into and be placed within the donation box
The size of lettering for the notice shall not be less than one-half inch in height
(11) Contact information The permit holder placing or maintaining the donation box
shall display current contact information including street address and phone number on
the donation box Said information must be readable and clearly visible to the public
from the front side of the box The size of lettering for the contact information shall not
be less than one-half inch in height
Applications for Permits
(1)Applicants for permits under this Article shall file a written, sworn application with
the Administrator The application shall include the written authorization of the property
owner, lessee, or property manager allowing the donation box on the property A site plan
depicting the exact proposed location(with GPS coordinates indicated) of the donation
box shall be submitted with each application
(2)A separate permit and application shall be required for each donation box regardless
of the ownership thereof Permits issued under the provisions of this Article shall be valid
only at the address and GPS coordinates stated on the permit
(3)An annual permit fee for each donation box shall be required All permits shall expire
on the one-year anniversary of the date of issuance
(4)Any person denied a permit shall have the right to appeal such action in accordance
with the provisions of the Administrative Appeals of Denial or Revocation of Permit
Section of this Chapter
Transfer of permit prohibited
No permit issued under the provisions of this Article shall be transferrable The authority
a permit confers is conferred only on the permit holder named therein
Maintenance and Upkeep
(1) The permit holder and the real property owner shall be held jointly and severally
liable and responsible for the maintenance, upkeep, and servicing of the donation box and
clean up and removal of any donations left on the property outside of the donation box
Ordinance 10-18-24 Amendmg Chapter 10 Roadway Impact Fees
Page 22 of 51
(2) The City shall have the authority to abate any property in violation of this article that
is deemed a public nuisance under the procedures contained in Sanger City ordinance
Sec 6 102 This provision does not exclude or limit the use of any other provision in this
Chapter,the Sanger City Code, or the laws of the State of Texas
(3) The visual and structural integrity of the donation box must be maintained
continuously
(4) The placement of the donation box shall not impede traffic nor visually impair any
motor vehicle operation within a parking lot, driveway or street
(5) The donation box shall not be located in a required landscape or building setback,
drainage easement, floodplain, driveway, right-of-way, utility easement or fire lane
(6) At least one (1) stacking or parking space must be provided for use of persons
accessing the donation box
(7) The donation box must not be located in, or block public access to, any required off-
street parking spaces, access easements, or stacking lanes serving a structure on the
property, fire lane, or fire hydrant
(8) The current permit decal for the specific donation box must be affixed and displayed
at all times on the outside of the donation box on the front side
(9) The donation box shall only be used for the solicitation and collection of clothing and
household items All donation materials must fit into and be placed inside the donation
box The collection or storage of any materials outside the container is strictly prohibited
(10)No donation box shall be permitted to be placed or remain placed within 200 feet
from a residential dwelling use district Said distance shall be measured from a donation
box to a residential lot line
(11) The donation box shall be continuously maintained in compliance with all
requirements imposed by Permit Requirements
Revocation of permit
(1) Grounds Any permit issued hereunder may be revoked by the Administrator if the
permit holder has
(a)received a citation for a violation of this Chapter or any other provision of this
Code of Ordinances within the preceding 12-month time period or
(b)has knowingly made a false material statement in the application or
(c)has otherwise become disqualified for the issuance of a permit under the terms
of this Article
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Page 23 of 51
(2)Notice Notice of the revocation shall be given to the permit holder in writing,with
the reasons for the revocation specified in the notice, served either by personal service or
by certified Umted States mail to their last known address The revocation shall become
effective the day following personal service or if mailed,ten(10) days from the date of
mailing
(3)Appeal, hearing The permit holder shall have ten(10) days from the date of such
revocation in which to file notice with the Administrator of their appeal from the order
revoking said permit The Administrator shall provide for a hearing on the appeal
(4) Removal of Box, Impoundment Upon finalization of any revocation,the permit
holder shall remove said donation box no later than ten(10) days after said final decision
Upon expiration of this 10-day grace period, the donation box shall acquire noncompliant
status and be subject to immediate impoundment without further notice Any donation
box impounded by the City shall be released to the owner upon payment of all applicable
impoundment and storage fees If a donation box is impounded for longer than ten
calendar days, it shall be considered abandoned property subject to disposal or sale at the
City's sole discretion
(5) One-Year Waiting Period In the event the permit of any permit holder is revoked by
the Administrator, no second or additional permit shall be issued to such person within
one year of the date such permit was revoked
Fees
All fees established by this Chapter shall be in an amount set by the City Council and
located in Appendix A Master Fee Schedule
Administrative Appeals of Denial or Revocation of Permit
(1)Upon denial or revocation of a permit for a donation box,the Administrator, or his
designee, shall notify the applicant or permit holder, in writing, of the reason for which
the permit is subject to denial or revocation The applicant or permit holder shall file a
written request for a hearing with the Administrator within ten(10)days following
service of such notice If no written request for hearing is filed within ten(10) days,the
denial or revocation is sustained
(2) The appeal shall be conducted within twenty (20) days of the date on which the notice
of appeal was filed with the Administrator
(3) The hearings provided for in this Section shall be conducted by the Administrator or a
designated hearing officer at a time and place designated by the Administrator or the
hearing officer Based upon the recorded evidence of such hearing,the Administrator or
the designated hearing officer shall sustain,modify or rescind any notice or order
considered at the hearing A written report of the hearing decision shall be furnished to
the applicant or permit holder requesting the hearing
Ordmance 10-18-24 Amending Chapter 10 Roadway Impact Fees
Page 24 of 51
(4)After such hearing, an applicant that has had a permit denied or revoked by the
Administrator may appeal to the City Appeal Officer designated by the City Manager to
hear such appeals
(5)An appeal shall not stay the denial or suspension of the permit unless otherwise
directed by the Administrator
Appeals of Administrator Decision
(1)All appeals to the City Appeal Officer must be made in writing and received no less
than ten(10) days after any final decision made by the Administrator or the designated
hearing officer in accordance with Administrative Appeals of Denial or Revocation of
Permit above
(2) The City Appeal Officer shall schedule the appeal hearing for no less than twenty (20)
days from receipt of the appellant's appeal
(3) If the City Appeal Officer finds by preponderance of the evidence that the denial or
revocation of the donation box permit was necessary to protect the health, safety, or
welfare of the general public,the City Appeal Officer shall affirm the denial or
revocation of appellant's donation box application or permit
(4) The City Appeal Officer may consider any or all of the following factors when
reaching a decision on the merits of the appeal
(a) The number of violations, convictions, or liability findings,
(b) The number of previous revocations,
(c) The number of repeat violations at the same location,
(d) The degree to which previous violations endangered the public health, safety
or welfare, or
(e)Any pending action or investigation by another agency
(5) After the hearing, the City Appeal Officer shall issue a written order The order shall
be provided to the appellant by personal service or by certified mail, return receipt
requested
(6) The City Appeal Officer may affirm or reverse the denial or revocation of the
donation box permit If affirmed,the order issued must state that the appellant is not
eligible to receive a new donation box permit sooner than one year after the date of the
order If reversed, the donation box permit shall be reinstated immediately (in the case of
a revocation) or within three (3)business days (in the case of a denial)
(7) The determination of the City Appeal Officer shall be final on the date the order is
signed
Ordmance 10-18-24 Amending Chapter 10 Roadway Impact Fees
Page 25 of 51
(8) An appeal to the City Appeal Officer does not stay the effect of a denial or revocation
or the use of any enforcement measure unless specifically ordered by the Administrator
or the City Appeal Officer
Offense/Penalty
(1) A person who violates any provision of this Chapter by performing an act prohibited
or by failing to perform an act required is guilty of a Class C misdemeanor punishable by
a fine not to exceed Five Hundred Dollars and No Cents ($500 00) Each day the
violation continues shall be a separate offense
(2)A culpable mental state is not required for the commission of an offense under this
Chapter
(3)Nothing in this Chapter shall limit the remedies available to the City in seeking to
enforce the provisions of this Chapter
(4)All other legal remedies are reserved by the City if necessary to enforce the
provisions of this Chapter This shall be in addition to, and not in lieu of,the criminal
penalties provided for in this Chapter
(5) If a landowner or operator fails to abate a violation of the regulations within 10 days
of notice,then the city shall be authorized to carry out the abatement,to assess its
expenses including applicable overhead related to the abatement and place a lien on the
donation box or any real property on which the donation box was unlawfully placed
(6) If determined by the city that any violation is likely to have an immediate adverse
effect upon the public health or safety, then the city may order such violation to be
summarily abated and lien for the city expenses related to the abatement shall be
assessed
(7) If a landowner or operator fails to abate a violation of the regulations within 10 days
of notice,then the city shall be authorized to carry out the abatement, to assess its
expenses including applicable overhead related to the abatement and place a lien on the
donation box or any real property on which the donation box was unlawfully placed
(8) If determined by the city that any violation is likely to have an immediate adverse
effect upon the public health or safety,then the city may order such violation to be
summarily abated and lien for the city expenses related to the abatement shall be assessed
Add Article 8 200
8 200 Dangerous Buildings
8 201 SUBSTANDARD BUILDINGS
(1) This article is established pursuant to V T C A Local Government Code § 214 001, et
seq, as subsequently amended, and as otherwise provided by state law or municipal
home rule authority and shall be known as the "Substandard Buildings Code"
Ordinance 10-18-24 Amendmg Chapter 10 Roadway Impact Fees
Page 26 of 51
(2) The purpose of this article is to preserve and protect the health, safety and welfare of
the citizens of the City, by establishing minimum standards for the construction,use,
maintenance and occupancy of all structures,regardless of the date of construction,
within the City limits, establishing minimum standards governing utilities, facilities, and
other physical components and conditions essential to make all buildings and structures
safe, sanitary and fit for human habitation, fixing certain responsibilities and duties of
owners, operators, agents and occupants of all buildings, authorizing and establishing
procedures for the inspection of all buildings unfit for human use, occupancy and
habitation, establishing procedures for the determination of whether a building complies
with the standards established, including provisions for notice and a public hearing,
providing for assessment, a method of notifying the owner of assessment, and a method
of recovering expenses incurred by the City in vacating, securing, removing, repairing or
demolishing a substandard structure, and providing civil and criminal penalties for the
violation of the provisions of this article This article is hereby declared to be remedial
and essential to the public interest, and it is intended that this article be liberally
construed to effectuate the purposes stated above
Add 8 202
8 202 Substandard buildings, definition and intent
(1) Generally Any building or portion thereof, mcluding any dwelling unit, guest room
or suite of rooms, or any nonresidential use, or the premises on which the same is located,
in which exists any conditions which endanger the life, limb, health,property, safety or
welfare of the public or of the occupants thereof, shall be deemed and hereby is declared
to be a substandard building
(2) Intent The City hereby declares every substandard building or structure as herein
defined to be a public nuisance, and subject to repair, vacation or demolition to abate
such nuisance as herein provided in order to protect the health, safety and welfare of the
public and of the occupants
Add 8 203
8 203 Scope
(1) Application
(a) The provisions of this article shall apply to all buildings, structures or portions
thereof used, or designed, or intended to be used or occupied Such uses or
occupancies in existing buildings may be continued, except such structures as are
found to be substandard as defined in this article
(b) Where any building or portion thereof is used or intended to be used as a
combination apartment house-hotel,the provisions of this article shall apply to the
separate portions as if they were separate buildings
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(c)Every rooming house, lodging house, apartment, duplex or other multiple-
family dwelling,hotel,motel or bed and breakfast establishment shall comply
with all of the requirements of this article for dwellings
(2)Alteration Existing buildings which are altered or enlarged shall be made to conform
to this article insofar as the new work is concerned, and in accordance with the building
code
(3)Relocation Buildings or structures moved into or within this jurisdiction shall comply
with all applicable codes for new buildings and structures
(4) Remodeling or renovation All existing buildmgs or structures that are remodeled or
renovated shall comply with all the provisions of the adopted codes insofar as is
technically feasible while complying with the intent of the codes as determined by the
authority having jurisdiction(AHJ)
Add 8 204
8 204 Technical codes and other ordinances of the City
The provisions of this code shall not be deemed to repeal by implication any provisions
of the International Fire Code,the International Building Code or any other ordinance of
the City, and the adoption hereof shall not be deemed to affect or diminish the power or
authority of any officer or employee of the City to condemn any building or structure
erected or maintained in violation of any provision of the International Fire Code,the
International Building Code, or any other ordinance of the City
Add 8 205
8 205 Cumulative
The remedies provided herein are not exclusive, but are cumulative of all other remedies
provided by law or ordinance
Add 8 206
8 206 Enforcing officer
The code enforcement officer of the City is hereby authorized and directed to enforce any
and all provisions of this article
Add 8 207
8 207 Code enforcement officer
Whenever necessary to make any inspection to enforce any of the provisions of this
article, or whenever the code enforcement officer has reasonable cause to believe that
there exists in any building or upon any premises any condition or violation which makes
such building or premises unsafe, dangerous or hazardous,the code enforcement officer
may enter such building or premises at all reasonable times to inspect the same, or to
Ordmance 10-18-24 Amendmg Chapter 10 Roadway Impact Fees
Page 28 of 51
perform any duty imposed upon the code enforcement officer by this article, provided,
that if such building or premises be occupied,he shall first present proper credentials and
request entry, and, if such building or premises is unoccupied, he shall first make a
reasonable effort to locate the owner or other persons having charge of or control of the
building or premises, and request entry If such entry is refused, the code enforcement
officer shall have recourse to every remedy provided by law to secure entry
Add 8 208
8 208 Owner responsibilities
(1) Every owner remains liable for violations of duties imposed upon him by this article
even though the owner has, by agreement, imposed on the occupant the duty of
furnishing required equipment, or of complying with this article
(2) Every owner or his agent, in addition to being responsible for maintaining his
building in a sound structural condition, shall be responsible for keeping that part of the
building or premises which he occupies or controls, in a clean, sanitary and safe
condition, including the shared or public areas in a building containing two or more
dwelling units
Add 8 209
8 209 Residential minimum standards
All buildings and portions thereof shall conform to the minimum standards for continued
use and occupancy set forth in the International Building Code,the International
Residential Code and the International Property Maintenance Code as adopted and
amended by the City council These standards shall include, but not be limited to,the
following
(1) Responsibilities of owner
(a) Property standards An owner shall
(i)Not abandon any real property or premises within the City,
(ii)Not allow any condition on his property that shall constitute a public
or attractive nuisance,
(ui) Eliminate a hole, excavation, sharp protrusion, and any other object or
condition that exists on the land and is reasonably capable of causing
injury to a person,
(iv) Securely cover or close a well, cesspool or cistern,
(v) Grade and maintain property to prevent erosion of soil,
(vi)Provide drainage to prevent standing water on the land and in any
building, except for approved retention areas and reservoirs,
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Page 29 of 51
(vu)Keep all private sidewalks,walkways, stairs, driveways,parking
spaces, and similar areas in a proper state of repair and free from
hazardous conditions,
(viii) Remove dead trees and tree limbs that are reasonably capable of
causing injury to a person, and
(ix)Keep the doors and windows of a vacant structure or vacant portion of
a structure securely closed to prevent unauthorized entry pursuant to
section 3 09 013(3)
(b) Structural standards An owner shall
(i) Protect the exterior surfaces of a structure that are subject to decay, rust
or corrosion by application of paint or other protecting coating,
(ii) Eliminate all peeling, flaking and chipped paint and apply weather-
coating material to all exposed surfaces, ,
(ui)Provide and maintain railings for stairs, steps, balconies, porches and
elsewhere as specified in the building code,
(iv) Repair holes, cracks, and other defects reasonably capable of causing
injury to a person in stairs, porches, steps, balconies, and elsewhere,
(v) Repair holes, cracks, breaks, and loose surface materials that are health
or safety hazards in all floors, walls, and ceilings,
(vi) Maintain a structure intended for human occupancy in a weathertight
and watertight condition including but not limited to proper waterproofing
of walls,roofs, foundations and floors and repair of broken or missing
windows and doors
(vu) Roof coverings shall not be missing or completely lacking, broken,
rotted, split, curled or buckled The roof,roof coverings and flashing shall
be maintained in a sound and tight state without defects that may admit
rain or surface drainage water"
(viu)Maintain roof drains, gutters, and downspouts in good repair and
free from obstructions Drainage of roofs and paved areas, yards, courts
and other open areas shall not be discharged in a manner that creates a
public nuisance,
(ix) Maintain floors, walls, ceilings, and all supporting structural members
in a sound condition capable of bearing imposed loads safely,
(x) Maintain all exterior doors, door assemblies, and hardware in good
condition,
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(xi)Repair or replace chimney flue and vent attachments that do not
function properly,
(xii) Maintain foundation in good condition
a Concrete slabs must be structurally sound,
b Pier and beam floor joints, floors, and subfloors must be
structurally sound, level, and free from decay, rot and termites,
(xiii)Maintain structure so as to prevent general dilapidation due to
improper care and maintenance,
(xiv) Premises identification
(a) The owner of every house and building in the city shall place
the street number assigned by the Sanger Development Department
in some conspicuous place on or near such house or building so
that the number may be plainly seen from the street
(b) The house numbers shall be at least four (4) inches high and
shall be made of some bright metal or material in a color which is
in clear contrast with its background
(xv) Maintain any fence on the property in accordance with the following
standards,
a Maintain any fence so that it is not out of the vertical alignment
more than one foot, measured from the top of the fence to grade,
on fences in excess of four feet in height, or more than six inches
out of vertical [alignment],measured from the top of the fence to
grade, for a fence not more than four feet high,
b Repair or replace rotten, fire damaged, or broken wooden slats
and support poles,
c Repair or replace bent or broken metal posts and torn, cut, or
ripped metal fencing materials,
d Repair or replace loose bricks, stones,rocks,mortar, and similar
materials on any masonry wall,
e All fences enclosing swimming pools, spas, and hot tubs
containing more than 24 inches of water shall be surrounded by a
fence of not less than six feet above grade Gates must be kept
closed and secured at all times and no existing pool enclosures
shall be removed,replaced or changed in a manner that reduces its
effectiveness as a safety barrier, and
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(xvi)Apply for and obtain all applicable permits from the City prior to the
start of any repair, remodel or construction,
(xvii) Meet all applicable standards set by the International Codes adopted
in article 3 201 for existing structures and materials
(c)Utility standards An owner shall provide and maintain in operating condition
in each structure intended for human occupancy
(i) Connections to a discharge sewage system where applicable,
(ii) A toilet connected to a water source and to a public sewer, where
applicable,
(ui) Connections and pipes to supply potable water at adequate pressure,
(iv)A device to supply hot water of a minimum temperature of 110° F,
(v)A kitchen sink, bathtub,toilet or shower, and lavatory connected to a
cold and hot water source,
(vi)All plumbing fixtures shall be maintained in a safe, sanitary and
functional condition and be free from obstructions, leaks and defects,
(vii)Heating equipment that is capable of maintaining a minimum interior
temperature of 68° F from November 1st through April 30th in each
habitable room of the structure Cooking appliances shall not be used to
provide space heating to meet these requirements,
(vui) If screens are not provided as required in subsection(1)(D)(n),
refrigerated air equipment capable of maintaining a maximum internal air
temperature that is 20° F lower than the outside temperature or 80°F,
whichever is warmer, m each habitable room of the structure from May
1st through October 31st,
(ix) Connections for each heating or cooking device, in good repair and
working order,that utilizes solid fuel to a chimney or flue,
(x) Supply lines for electrical service, and
(xi) Electrical circuits and outlets, in good repair and working order,
sufficient to safely carry a load imposed by normal use of appliances and
fixtures
(d) Health standards
(i) Eliminate rodents and vermin in or on the land and within the interior
of any structure,unless
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A The structure was treated to eliminate insects, rodents, and
vermin by a person licensed by the Texas Structural Pest Control
Act once within the preceding six months, or
B Within two weeks prior to the occupancy of any tenant,
(n)Provide a structure intended for human occupancy with an approved,
tightly fitting screen of not less than 16 mesh per inch(16 mesh per 25
mm), in good condition,for keeping out insects at each opening of the
structure if it is not equipped with refrigerated air,
(in) Maintain the interior and exterior of a vacant structure or vacant
portion of a structure free from rubbish and garbage
(e) It is a defense of prosecution under this section if
(i) Failure to maintain minimum standards in compliance with this article
was the direct result of an act of nature or other cause beyond the
reasonable control of the owners, and
(ii) The owner is making a diligent, verifiable repair effort to meet
minimum standards
(2) Responsibilities of occupant An occupant shall
(a) Maintain those portions of the structure and premises under his control free
from rubbish, garbage, and other conditions that would encourage infestation of
insects, rodents, or vermin except where the infestations are caused by defects m
the structure,then the owner shall be responsible for extermination,
(b) Remove any ammal(s) from the structure if the presence of said ammal(s) is a
health hazard to an occupant, and
(c)Not alter a structure or its facilities so as to create a nonconformity with this
article
Add 8 210
8 210 Commercial and industrial minimum standards
All buildings, structures and portions thereof shall conform to the minimum standards for
continued use and occupancy set forth in the International Technical Codes,the
International Property Maintenance Code and the National Electrical Code as adopted
and as amended by the City council
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Add 8 211
8 211 Penalties
It shall be unlawful for any person,firm or corporation to erect, construct, enlarge, alter,
repair,move, improve, convert or demolish, equip,use, occupy or maintain any building
or structure, or cause or permit the same to be done, or exist on any property or premises
in violation of this article Each day a violation of this article occurs is a separate offense
and is punishable by a fine of up to $2000 00
Add Article 8 300
8 300 SUBSTANDARD STRUCTURE PROGRAM
8 301 Substandard Structure Program
The substandard structure program is hereby created The executive official in charge of
the program shall be the code official
8 302 Enforcement
The code official is hereby authorized and directed to enforce all of the provisions of this
article The code official shall also have the authority to interpret this article and apply
such interpretation to provisions of this chapter in the interest of public safety,health and
general welfare The code official shall not have the authority to waive structural or fire
performance requirements nor shall he/she make exceptions which clearly violate
accepted engineering principles relative to public safety
(1) The code official shall keep all official records relating to the provisions of this
chapter Such records shall be kept in the official records as long as required by city,
state, and/or federal government regulations
(2)Inspections The code official shall make, or cause to be made, all of the inspections
required to enforce the provisions of this chapter The code official may accept reports of
inspection by approved agencies or individuals All reports of such inspections shall be in
writing and be certified by a responsible officer of such approved agency or by the
responsible individual The code official is authonzed to engage such expert opinion as
deemed necessary to report upon unusual technical issues that arise
(3) Right of entry Whenever necessary to make an inspection to enforce any of the
provisions of this article or whenever the code official has reasonable cause to believe
that there exists in any structure or upon any premises any condition or violation which
makes such structure or premises unsafe, dangerous, or hazardous,the code official, as
authorized by law,may enter such structure or premises at all reasonable times to inspect
the same or to perform any duty imposed upon the code official by this article If such
structure or premises is occupied,he shall first present proper credentials and request
entry, and if such structure or premises is unoccupied, he shall first make a reasonable
effort to locate the owner or other persons having care or control of the structure or
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premises and request entry If such entry is refused,the code official shall have recourse
to every remedy provided by law to secure entry
(4)Responsibilities of owner
(a) An owner of a property remains liable for violations of this chapter, and the
Code regardless of any agreement between the owner and any other party that
imposes or attempts to delegate responsibility for the premises to the other party
(b) The owner of a premises which is substandard or dangerous commits an
offense
(5) Violations It shall be unlawful for any person to erect, construct, enlarge, alter,
repair, move,improve, convert or demolish, equip, use, occupy or maintain any building
or structure or cause or permit the same to be done or exist on property or premises in
violation of this article and other any other adopted codes
(a) It shall be unlawful for an owner of any premises to be in violation of any
provisions of this chapter
(b) It shall be unlawful for an owner or occupant of a single-family,multi-family,
or duplex dwellmg to occupy or allow occupation of any structure or building that
has been placarded as substandard or dangerous by the city
(c) It is a violation for any person to deface or remove an official city placard
without the approval of the code official
(d) The code official shall serve a notice of violation or order in accordance with
this chapter
(e) The code official shall issue all necessary notices or orders to ensure
compliance with this chapter
(f) In addition to imposing a criminal penalty, the city shall have the power to
enforce any provision of this article, V T C A Local Government Code Chapter
214, and V T C A Local Government Code Chapter 54, Subchapters B and C No
enforcement remedy shall be exclusive of any other remedy the city may have
under state law or city ordinances
(h)Abatement of violation The imposition of the penalties herein prescribed shall
not preclude the City Attorney or the Cities legal designee from instituting
appropriate action to restrain, correct or abate a violation, or to prevent illegal
occupancy of a building, structure or premises, or to stop an illegal act, conduct,
business or utilization of the building, structure or premises
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8 303 Buildings declared public nuisances
All buildings or portions thereof which are determined to be substandard or dangerous as
defined in this article are hereby declared to be public nuisances and shall be abated by
repair,rehabilitation, demolition, or removal in accordance with the procedure specified
in this article
8 304 Penalties
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter,
repair, move, improve, convert or demolish, equip,use, occupy or maintain any building
or structure, or cause or permit the same to be done, or exist on any property or premises
in violation of this article Each day a violation of this article occurs is a separate offense
and is punishable by a fine of up to $2000 00
8 305 Actions of the code enforcement officer, commencement of proceedings
(1)Notice of violation Upon determination of the code enforcement officer that a
property is in violation of this article
(a) A written notice shall be issued to the owner of record The notice shall
contain the following
(i) The street address or a legal description sufficient for identification of
the premises upon which the violation is located,
(ii)A statement that the property was found to be substandard with a
concise description of the conditions found rendering the premises
substandard under the provisions of this article,
(iii)A statement of the action required to be taken, as determined by the
code enforcement officer,which shall contain
(A) If the property must be repaired, the notice shall state that all
required permits be secure therefor and the work physically
commenced with in such time, not to exceed 30 days, from the date
of the order, and be completed within such time as the code
enforcement officer determines to be reasonable but not to exceed
60 days,
(B)If the building must be vacated,the notice shall require that the
building or structure be vacated within a certain time from the date
of the notice that the code enforcement officer determines to be
reasonable but not to exceed 30 days,
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(C) If the building is found to be 50 percent or more damaged,
decayed or deteriorated from its original value or structure and
must be demolished,the notice shall require that the structure be
vacated within such time as is determined to be reasonable by the
code enforcement officer, not to exceed 60 days from the date of
the notice, that all required demolition permits shall be obtained
within 60 days of the notice and demolition be completed within
such time as determined to be reasonable by the code enforcement
officer,
(iv) Statements advising that if any repair or demolition work, without
vacation also being required, is not commenced within the specified time,
the code enforcement officer may order the building vacated and posted to
prevent further occupancy until the work is completed,
(v) Statements advising
(A) That, unless the building is put in such condition so that it
meets minimum standards for continued use, a hearing may be set
before the commission to determine whether the building complies
with minimum standards The owner of the property shall also be
subject to citations for failure to comply with the order of the
officer not to exceed $2,000 00 per violation per day,
(B) That any person having any record title or legal interest in the
premises may appeal the notice or any action of the code
enforcement officer to the commission,provided that the appeal is
made in writing as provided in this article and filed with the
commission within 20 days from the date of the notice, and
(C) Failure to appear will constitute a waiver of all rights to an
administrative hearing and determination of the matter
(b) The notice and amended or supplemental notices shall be issued to the
owner of record and any known agents disclosed by public records by
(i)Personal delivery to the owner or his agent,
(11)Posting a copy of the notice on or near the front door of the
structure, or
(in) Certified mail, return receipt requested,to
(A) The owner of the record as determined by the real
estate tax record of the local taxing authority,
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(B) The holder of any mortgage or deed of trust or other
lien or estate, or legal interest of the record in or of the
premises, or
(C) To the building or land on which it is located
(c) If no address of any such person so appears or is not known by the
code enforcement officer,then a copy of the notice shall be so mailed,
addressed to such person, at the address of the premises involved in the
proceedings
(d) The failure of any person to receive such notice shall not affect the
validity of any proceeding taken under this article Service by certified
mail shall be effective on the date of the mailing
(e) It shall be unlawful for the owner of any building or structure upon
whom a compliance order or notice of violation has been served to sell,
transfer, mortgage, lease, or otherwise dispose of such premises to another
until the provisions of the notice of violation or order have been complied
with, or until such owner shall first furnish the grantee,transferee,
mortgagee, or lessee a true copy of the order or notice of violation issued
by the officer and shall furnish to the officer a notarized statement from
the grantee,transferee, mortgagee, or lessee, acknowledging the receipt of
the order or notice and fully accepting the responsibility without condition
for making the correction or repairs required by such order or notice
(2)Appeals
(a) Any person entitled to service may appeal any notice or any action of
the code enforcement officer under this article by filing at the office of the
building official a written appeal and a filing fee as determined by the City
council and on file in the office of the City secretary
(b)An application for appeal shall be based on a claim that the true intent
of this code or the rules duly adopted thereunder have been incorrectly
interpreted,the provision of this code do not apply, or the requirements of
this code are adequately satisfied by other means
(c) The appeal shall be in substantially the following form,but may
include other information
(i)A heading in the words [sic] "Before the Building and
Standards Commission of the City of Sanger, Texas",
(u)A caption reading "Appeal of ," giving the names
of all appellants participating in the appeal,
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(iu)A bnef statement setting forth the legal interest of the
appellants in the building or land involved in the notice,
(iv) The street address or legal description of the property,
(v)A brief statement in ordinary and concise language of the
specific order or action protested,together with material facts
claimed to support the contentions of the appellants,
(vi)A brief statement in ordinary and concise language of the
relief sought and the reasons why it is claimed that the protested
order should be reversed, modified, or otherwise set aside,
(vii) The signatures of all parties' names as appellants and their
official mailing addresses, and
(yin) The verification,by declaration under penalty of perjury, of
at least one appellant as to the truth of the matters stated in the
appeal
(d) The appeal shall be filed within 20 days of the date of service of such
order or action of the official,provided, however,that if the building or
structure is in such condition as to make it immediately dangerous to the
life, limb,property or safety of the public or adjacent property and is
ordered vacated and is posed in accordance with this section, such appeal
shall be filed within ten days from the date of service of the notice of the
officer
(e) The failure of any person to file an appeal in accordance with the
provisions of this section shall constitute a waiver of the right to an
administrative hearing and adjudication of the notice or to any portion
thereof
(f) Except for vacation orders, enforcement of any notice of the official
issue under this code shall be stayed during the pendency of an appeal
which had been properly and timely filed
(g)Upon the receipt of any appeal filed pursuant to this article and receipt
of the filing fee,the appeal shall be presented at the next regular or special
meeting of the building and standards commission
(3) Open and vacant structures
(a)All vacant structures and premises thereof shall be maintained in a
clean, safe and sanitary condition so as to not cause a bhghting problem or
adversely affect the public health or safety
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(b)Any building found to be,regardless of structural condition,
unoccupied by its owners, lessees, or other invitees and is unsecured form
unauthorized entry to the extent that it could be entered or used by
vagrants or other uninvited persons as a harborage or could be entered by
children is declared to be a hazard to the public's health, safety and
welfare
(c) Upon determination of the official that a structure is both vacant and
open to entrance by unauthorized persons
(1)A notice shall be posted on or near the front door of the
structure containing
(A) An identification of the property,
(B)A statement that the property must be secured within a
reasonable time as determined by the official,
(C) A statement that failure by the owner to secure the
property will result in closure by the City at the owner's
expense,
(D)An explanation that the owner may request a hearing
about any matter relating to the securing of the building
(ii)A copy of the notice will be mailed, return receipt requested,to
the owner of record as determined by local tax records if personal
service cannot be obtained
(d) Service of notice for open and vacant structures shall be effective from
the date and time of the notice's posting at the premises
(e) Failure by the owner to adequately secure the property within the
allotted time will result in the closure of the property by the City in
accordance with section 3 09 021 of this article
(4) Substandard and dangerous structures
(a) Whenever the code enforcement officer has inspected or caused to be
inspected any building or structure, and has found and determined that
such a building is a substandard and dangerous building posing an
immediate threat to public welfare and safety, in addition to the issuance
of the notice of violation, he shall notify the chairman of the building and
standards commission and obtain a date and time for a hearing before the
commission to determine whether the building complies with the
standards set out in this article
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(b) Report The code enforcement officer shall prepare a written report of
his findings with respect to any substandard structure for which a hearmg
is scheduled,which shall mclude a description of the conditions found to
render the building substandard, and a recommendation of the action
which should be required by the commission
8 306 Notice of Hearing
The code enforcement official shall issue a notice of said hearing as follows
(1) Form The notice of hearing shall be in substantially the following form,but may
mclude other information
"You are hereby notified that [the] Code Enforcement Officer of the City of Sanger,
Texas,has made an inspection of the building or structure located on the premises
described as
The Code Enforcement Officer has found the building to be substandard and not in
compliance with the standards set out in the 2007 Substandard Structure and
Dangerous Buildings Code of the City of Sanger, Texas, and has recommended
action,which the Commission may order,to remedy the violations, all of which are
detailed in the attached Building Official's Report
A hearing will be held before the Building and Standards Commission, in the (specify
location) on the day of , 20 at the hour of ,to consider whether
said building or structure complies with the said standards, and if not,to order the
owner to vacate, secure, repair,remove or demolish said building within a specified
period of time, and, if applicable,to specify additional time for any ordered action to
be taken by a lien holder or mortgagee, in the event of failure of the owner to comply
You may be present at the hearing You may be,but need not be, represented by
counsel You may present any related evidence and will be given full opportunity to
cross-examine all witnesses testifying against you You may request the issuance of
subpoenas to compel the attendance of witnesses and the production of books,
documents or other things by filing an affidavit therefor with the Building and
Standards Commission Proof of compliance with the Code Enforcement Officer's
recommended action will render the said hearing and any further action unnecessary "
(2) Manner Notice of the hearmg before the building and standards commission shall be
given in the following manner
(a)Before the tenth day before the date of the hearing before the commission,
notice of hearing as provided above shall be given
(i) By certified mail, return receipt requested,to the record owners of the
affected property, and each holder of a recorded lien against the affected
property, as shown by the records m the office of the county clerk, if the
address of the lien holder can be ascertained from the deed of trust
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establishing the lien or other applicable instruments on file in said office,
and
(ii) To all unknown owners, by posting a copy of the notice on the front
door of each improvement situated on the affected property, or as close to
the front door as is possible
(b)Notice of the date,time,place and purpose of the hearing shall also be
published in a newspaper of general circulation in the City on one occasion before
the tenth day before the date fixed for the hearing The notice shall also be posted
in the window of the Historic Church Building at 403 North 7th Street, Sanger,
Texas 76266
(c) An affidavit confirming that a property owner could not be located through
processes required by law shall be placed in the building and standards
commission case file by the code enforcement officer in such cases
(d)Exception In the case of a structure that has been damaged beyond reasonable
repair by structure fire, tornado, flood or other circumstances, the code
enforcement officer shall notify the property owner to demolish said structure
within ten days, in the name of the commission
8 307 Hearing procedures
Hearings before the building and standards commission to consider violations of the
adopted substandard structure and dangerous buildings code shall be administrated as
hereinafter provided for all hearings before said commission
8 308 Standards
The following standards shall be followed by the building and standards commission in
ordering a substandard building to be vacated, secured,repaired, removed, or
demolished
(1) Repair Any building found to be substandard shall be ordered repaired or
demolished, at the option of the building owner A repair permit shall be ordered Repairs
shall be completed within 30 days,unless the property owner requests an extension in
writing from the commission and provides the commission with a time schedule for
required repairs not to exceed 90 days, and said schedule is approved by the commission,
(2)Vacation Any structure which is found to be in such condition as to make it
immediately dangerous to the life, limb, property, or safety of the public or its occupants,
shall be ordered vacated The property owner shall be responsible for any eviction
requirements and all expenses associated with said action
(3)Demolition Any building found to be dilapidated, substandard and unfit for human
habitation, and constituting a hazard to the health, safety and welfare of citizens shall be
ordered demolished The code enforcement officer or his representative shall first obtain
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a"demolition seizure warrant" from the municipal court judge prior to entering the
property for demolition purposes
8 309 Orders
Following a public hearing,the building and standards commission shall issue, within ten
working days, a written order, which shall contain findings of fact, a determination of the
issues presented, and the requirements to be complied with,which shall include
(1) Repair If the commission has found that the building or structure must be repaired,
the order shall require that all required permits be secured therefor and the work
physically commenced within such time, not to exceed 30 days from the date of receipt of
the commission order by the owner, and completed within such time as the commission
shall determine is reasonable under all circumstances Substantial progress in the work
must be made every 90 days, or the commission may revoke the permit and order the
building demolished
(a) See definition of substantial improvements in the amendments to the building
code
(2)Vacation If the commission has found that the building or structure must be vacated,
the order shall require that the building or structure shall be vacated within a certain time
from the date of receipt of the commission order by the owner, as determined by the
commission to be reasonable
(3) Demolition If the commission has found that the building or structure must be
demolished,the commission order shall require that the building, if occupied,be vacated
within such time as the commission shall determine is reasonable, not to exceed thirty
days from the date of receipt of the commission order by the owner, and that the
demolition be completed within an additional thirty days A demolition permit is
required A building may not be sold until commission orders have been complied with
(4)Action by lien holder or mortgagee If lien holders and mortgagees have been given
notice of hearing, as provided for in article 8 2006 and opportunity to comment at said
hearing,the commission order may specify an additional reasonable time for the required
action to be taken by the lien holder or mortgagee in the event of noncompliance by the
owner within the time specified, not to exceed an additional period of 30 days from the
time of notification
(5)Extensions of time An extension of time for a permit issued to comply with a
commission order may be requested in writing
8 310 Notice of commission orders
(1) Owner A copy of the commission order shall be served in the same manner as
provided for notice of hearing in article 8 2006 In addition, if the property owner or his
agent is in attendance at the hearing,the chairman may give personal notice at the time of
the hearing, with a written follow-up within ten working days
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(2)Lien holder In the event that any lien holder or mortgagee has not been notified and
given an opportunity to be heard, as provided for in section 3 09 017(4),the code
enforcement officer shall make a diligent effort to identify any such lien holder or
mortgagee, and shall send each one so located a copy of the commission orders
8 311 Order to vacate
(1)Posting Every notice to vacate shall, in addition to being served as provided in article
8 2005,be posted at,near or upon each exit from the building, and shall be substantially
m the following form
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building, or to remove or deface this notice
By Order of the
BUILDING and STANDARDS COMMISSION
CODE ENFORCEMENT OFFICER
City of Sanger, Texas
(2) Compliance Whenever such notice is posted,the commission shall include a
notification thereof in the order describing the emergency, and specifying the
conditions which necessitate the posting No person shall remain in or enter any
building which has been so posted, except that entry may be made to repair, demolish
or remove such building under the conditions of a building permit No person shall
remove or deface any such notice after it is posted It shall be removed at the
discretion of the buildmg official after the required repairs, demolition or removal of
the building or structure has restored the premises to a safe condition, or has reached
a stage in the construction process that provides safe entry, and a certificate of
occupancy (if required)has been issued in accordance with the applicable provisions
of the building code and any other ordinances that apply
8 312 Action upon noncompliance
If the action required by the commission order is not taken in the time specified,the
building and standards commission may
(1)For a residential structure with fewer than ten umts, direct the code enforcement
officer to repair the building to the extent necessary to bring it into compliance
(2)Direct the code enforcement officer to vacate, secure, remove or demolish the
building or structure, or relocate the occupants thereof at their own expense
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(3)Direct the code enforcement officer to issue a citation to the property owner for
failure to repair, remove or demolish Said penalty is not to exceed $2,000 00 per day per
violation
8 313 Performance of repairs, removal or demolition
(1)Performance of contracts The code enforcement officer shall be authorized to cause
the work to be done by City personnel or by private contract under the supervision of the
code enforcement officer All contracts for work shall be entered into pursuant to
procedures specified by ordinance or state law, and shall be prepared by the City
attorney Contracts for work in excess of$5,000 00 shall be reviewed and approved by
the City council prior to performance of work
(2)Assessment of costs and penalty The code enforcement officer shall keep an itemized
account of the expenses incurred by the City in the demolition, removal, vacation,
securing or repair of any building done pursuant to this code, and the entire costs of
demolition, less any salvage value recovered,removal,vacation, securing or repair, and
any civil penalty, shall be assessed and a lien created against the real property upon
which the building is or was located, unless it is a homestead protected by the Texas
Constitution
8 314 Notice of lien
(1) Preparation Upon completion of repairs, removal or demolition,the code
enforcement officer shall prepare a notice of lien containing the name and address of the
owner, a legal description of the real property where the building is or was located, the
amount of expenses incurred by the City and the amount of any balance due, or the
amount of any civil penalty
(2) Recording The code enforcement officer shall record the notice of hen in the office
of the county clerk if the bill or statement to the property owner is not paid within 30
days from the date of the statement Other arrangements to pay the amount incurred by
the City may be made with the City If the account is in arrears for over 60 days, the
property will be foreclosed on by the City attorney
(3)Extinguishment The lien herein specified for expenses shall be extinguished upon
reimbursement of all expenses The building official shall have the authority to execute a
"release of hen" for all hens of$5,000 00 or less Liens of over$5,000 00 to $20,000 00
may be released by the City Manager Liens over$20,000 00 may be released by the City
council
(4) Interest Any civil penalty imposed or assessment for repairs shall accrue interest at
the rate of 10 percent per year from date of assessment until paid in full
Ordinance 10-18-24 Amendmg Chapter 10 Roadway Impact Fees
Page 45 of 51
8 315 Characteristics of lien
(1) With notice of lien holder If notice and opportunity to repair,remove or demolish is
given to each mortgagee or lien holder as authorized by article 8 2005 and 8 2006 hereof,
the lien is a privileged lien subordinate only to tax liens and all previously recorded bona
fide mortgage liens attached to the real property to which the City's lien attaches
(2)Without notice Except as provided in subsection(a) of this section,the City's lien is
inferior to any previously recorded bona fide mortgage lien attached to the real property
to which the City's hen attaches if the mortgage lien was filed for record in the office of
the county clerk before the date the civil penalty was assessed, or the repair,removal or
demolition is or was begun by the City The City's lien is superior to all other previously
recorded judgment liens
(3)Limitation of foreclosure A lien for repair expenses may not be foreclosed if the
property on which the repairs were made is occupied as a residential homestead by a
person 65 years of age or older
8 316 Buildings and Standards Commission
There is hereby created a building and standards commission, in accordance with the
provisions of the Texas Local Government Code chapter 54, subchapter c, and
amendments thereto, if any, entitled "quasi-judicial enforcement of health," which shall
be appointed, organized and function as follows
8 317 Organization
(1) Membership The commission shall consist of five members,who are residents or
taxpayers of the City, each of whom shall be appointed by the City council,three of
whom shall be appointed for terms of two years, two of whom shall be appointed for a
penod of one year, and each member of said commission shall thereafter be appointed for
a term of two years
(2)Alternates The City council shall appoint two alternate members of the commission,
who shall serve in the absence of one or more of the regular members,when requested to
do so by the City administrator The alternate members serve for the same period and are
subject to removal in the same manner as regular members, and a vacancy is filled in the
same manner as with a regular member
(3)Removal The City council may remove a commission member for cause on written
charge, however,prior to making a decision regarding removal, must hold a public
hearing on the matter, if requested to do so by the commission member subject to the
removal action
(4)Vacancy A vacancy shall be filled for the unexpired term by the City council
Ordinance 10-18-24 Amending Chapter 10 Roadway Impact Fees
Page 46 of 51
8 318 Proceedings
(1) Commissioners required for action All cases to be heard by the commission must be
heard by at least four members, and any actions taken must be concurred in by the vote of
four members
(2)Presentation of cases All cases brought before the commission shall be presented by
the code enforcement officer, or his duly appointed representative, who may be assisted
as he deems necessary by the City attorney
(3)Meetings Meetings of the commission shall be open to the public, held at the call of
the chairman, and at other times as determined by the commission
(4) Oaths-certification The chairman, or the acting chairman in the chairman's absence,
may administer oaths and compel the attendance of witnesses The chairman may issue
subpoenas requiring attendance if necessary
(5) Record A record of the entire proceedings shall be made by tape recording, or by any
other means of permanent recording determined to be appropriate by the commission
Minutes of proceedings showing the vote of each member on each question, or the fact
that a member is absent or fails to vote, and records of its examinations and other official
actions shall be kept by the commission and filed immediately in the office of community
development as public records Transcripts of tape recordings shall be made within ten
working days
(6) Continuances The commission may grant continuances for good cause shown
8 319 Conduct of hearings
(1) Rules Hearings need not be conducted according to the technical rules relating to
evidence and witnesses
(2) Oral evidence Oral evidence shall be taken only on oath or affirmation
(3) Hearsay evidence Hearsay evidence may be used for the purpose of supplementing or
explaimng any direct evidence, but shall be insufficient m itself to support a finding
unless it would be admissible over objection in civil actions in courts of competent
jurisdiction in the state
(4)Admissibility of evidence Any relevant evidence shall be admitted if it is the type of
evidence on which responsible persons are accustomed to rely on in the conduct of
serious affairs,regardless of the existence of any common law or statutory rule which
might make improper the admission of such evidence over objection in civil actions in
courts of competent jurisdiction in the state
(5)Exclusion of evidence Irrelevant and unduly repetitious testimony shall be excluded
(6)Rights of the parties Each party shall have these rights, among others
Ordmance 10-18-24 Amendmg Chapter 10 Roadway Impact Fees
Page 47 of 51
(a) To call and examine witnesses on any matter relevant to the issues of the
hearing,
(b) To introduce documentary and physical evidence,
(c) To cross-examine opposing witnesses on any matter relevant to the issues of
the hearing,
(d) To impeach any witness regardless of which party first called him to testify,
(e) To rebut evidence against him,
(f) To represent himself, or to be represented by legal counsel of his choice
(7) Inspection of the premises The commission may inspect,upon notice to all parties,
any building or premises involved in a hearing before the commission during the course
of such hearing
8 320 Purpose of commission
The commission is empowered to enforce ordinances
(1) For the preservation of public safety, relating to the materials used to construct a
building or improvement, including the foundation, structural elements, electrical wiring
or apparatus,plumbing and fixtures, and entrances or exits,
(2) Relating to the fire safety of a building or improvement, including provisions relating
to materials, types of construction or design, warning devices, fire sprinklers or other fire
suppression devices, availability of the water supply for extinguishing fires, or location,
design, and width of entrances or exits,
(3)Relating to dangerously damaged or deteriorated buildings or improvements, or
(4)Relating to conditions caused by accumulations of refuse, vegetation, or other matter
that creates breeding and living space for insects and rodents
8 321 Commission actions
The commission may, upon notice and hearing,take action as provided herein to
(1) Order the repair, within a 30-day penod, of buildings found to be in violation of this
code,
(2)Declare a building substandard in accordance with this code,
(3) Order, in an appropriate case,the immediate removal of persons or property found on
private property, enter private property to secure removal if it is determined that
conditions exist on the property that constitute a violation of this code, and order action to
Ordinance 10-18-24 Amending Chapter 10 Roadway Impact Fees
Page 48 of 51
be taken as necessary to remedy, alleviate, or remove any substandard building found to
exist,
(4)Issue orders or directives to any peace officer of the state, including the sheriff or
constable or the chief of police of the City,to enforce and carry out the lawful orders or
directives of the commission,
(5)Determine the amount and duration of a civil penalty, not to exceed$2,000 00 per
day, the City may recover,when it finds that an owner or an owner's representative
(a) Was actually notified of the provisions of this code, and
(b)After receiving notice of the code provisions, committed acts in violation of
the code or failed to take action necessary for compliance with the code
8 322 Orders
(1) Written orders The commission shall cause a written final decision to be prepared
when it has made its determination
(2)A copy of said final decision shall be
(a) Sent by certified mail, return receipt requested, to all of those persons entitled
to notice of hearing under article 8 2006 hereof,
(b)Published one time within ten calendar days after mailing as herein provided,
and
(c) Filed m the office of the City secretary
(d) Filed with the Denton County Clerk
(3) Evidence of penalty for judgment A commission decision to impose a civil penalty is
final and binding and constitutes prima facie evidence of the penalty in any court of
competent jurisdiction in a civil suit brought by the City for final judgment No other
proof shall be required for a district court to enter final judgment on a penalty established
by the building and standards commission other than filing with the district clerk
8 323 Judicial review
(1) Standing Any persons jointly or severally aggrieved by a decision of the commission
may present a petition to a district court, duly verified, setting forth that the decision is
illegal, in whole or in part, and specifying the grounds for the illegality
(2) Presentment The petition must be presented to the court within 30 calendar days after
the date of a copy of the final decision was mailed, as provided for m article 8 2022
(3) District court action
(a) Writ of certiorari The court may allow a writ of certiorari directed to the
commission to review the decision of the commission Said writ
Ordinance 10-18-24 Amending Chapter 10 Roadway Impact Fees
Page 49 of 51
(i) Shall prescribe the time,not less than ten days, within which a return
on the writ must be made, and served on relator or the relator's attorney,
(ii)May require return of certified or sworn copies of papers or parts of
papers, and
(in) Shall require the commission to verify and concisely set forth other
pertinent facts material to show grounds for the decision appealed from
(b)Extraordinary remedies Allowance of a writ does not stay proceedings on the
decision appealed from, however, on application, notice to the commission and
with good cause shown, a restraining order or injunction may be granted by the
court
(c)Proceedings If, on a hearing by the court, it appears that testimony is
necessary for the proper disposition of the matter,the court may take evidence as
it may direct and report the evidence to the court with the referee's findings of fact
and conclusions of law, which constitute a part of the proceedings on which the
determination of the court shall be made
(d)Disposition The court may
(i)Reverse, in whole or in part,
(ii)Affirm, in whole or in part, or
(iu)Modify the commission decision
(e) Costs Costs may be allowed against the commission only when the court finds
it acted with gross negligence, in bad faith, or with malice in making its decision
(f)Attorney's fees The court shall enter a judgment on behalf of the City for its
attorney's fees and all other costs and expenses incurred, which may be against
the property owners as well as all persons found to be in occupation of the subject
property, if the commission decision is affirmed or not substantially reversed, but
only modified
8 324 Commission decision final
If no appeals are taken from the decision of the commission within the required period,
the decision of the commission, is in all things, final and binding
8 325 Lien, abstract
(1)An abstract of judgment shall be issued against all parties found to be the owners of
the subject property or in possession of the property
(2) A lien holder does not have standing to obtain judicial review on the grounds that the
lien holder was not notified of the proceedings before the commission or was unaware of
Ordinance 10-18-24 Amendmg Chapter 10 Roadway Impact Fees
Page 50 of 51
the condition of the property, unless the lien holder had first appeared before the
commission and entered an appearance in opposition to the proceedings.
8.326 Municipal court proceeding not affected.
Establishment of the building and standards commission does not affect the ability of the
court to proceed under the jurisdiction of the municipal court.
SECTION 2. That all matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 3. It is hereby declared to be the intention of the City Council that the
sections,paragraphs, sentences, clauses,phrases and words of this Ordinance are severable and,
if any word,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 portions of this Ordinance, since the
same would have been enacted by the City Council without the incorporation in this Ordinance
of any such unconstitutional word,phrase, clause, sentence,paragraph, or section.
SECTION 4. That this Ordinance shall be cumulative of all other City Ordinances and
all other provisions of other Ordinances adopted by the City which are inconsistent with the
terms or provisions of this Ordinance are hereby repealed.
SECTION 5. Any person, firm or corporation who shall violate any of the provisions of
this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance
with the general penalty provision found in The Code of Ordinances, Section 1.109 General
Penalty for Violations of Code.
SECTION 6. This ordinance will take effect immediately from and after its passage and
the publication of the caption, as the law and Charter in such case provides.
PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this
16th day of June, 2025.
0,011i1i,,,
OF• SANG% APPROVED:
— ..„1-if,49707-0-1 . /A
ATTEST: = = Thomas E.Muir,Mayor
\�..1 . '''1 - X PS�`�� APPROVED TO FORM:
Kell# Edwa4ptis, City Secretary
Hugh Coleman, City Attorney
Ordinance 10-18-24 Amending Chapter 10 Roadway Impact Fees
Page 51 of 51
ORD 06-16-25 - Page 1 of 2
[def:$signername|printname|req|signer1] [def:$signersig|sig|req|signer1] [def:$notarysig|sig|req|notary] [def:$date|date|req|notary] [def:$state|state|req|notary] [def:$county|county|req|notary] [def:$disclosure|disclosure|req|notary] [def:$seal|seal|req|notary]Denton Record-Chronicle
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