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06-97-Ordinance-Amending the Unsafe Building Regulations-08/18/1997041Y,8ECRETARY CITY OF SANGER, TEXAS ORIGINAL COPY ORDINANCE No. 06-97 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING UNSAFE BUILDING REGULATIONS SECTION 3.1200, OF THE SANGER CODE OF ORDINANCES IN CONFLICT; PROVIDING FOR CONFLICTING ORDINANCES AND PROVISIONS OF THE CITY; ESTABLISHING SEVERABILITY OF THE ORDINANCE AND PROVIDING AN EFFECTIVE DATE FOR THE ORDINANCE. 13E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: DANGEROUS BUILDINGS § 3.1201 Definitions 13uildi g Official - Shall be the person designated by the City Council as the Building Code Enforcement Officer of the City of Sanger or his duly authorized representative. Municipal Judge - Shall be the duly appointed Municipal Judge of the City of Sanger. § 3.1202 Building Official May Stop All Work `Where construction, demolition, or other work is being done contrary to the provisions of this Code or to the Building Code, or is being done in an unsafe or dangerous manner, the Building Official may order the work stopped by notice in writing served on the person engaged in doing or causing such work to be done and such person shall forthwith stop the work until authorized to recommence it by the Building Official. § 3.1203 Dangerous Buildings Defined All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings:" (a) Those which interior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base. (b) Those which, exclusive of the foundation, show thirty-three percent (33%) or more of damage or deterioration of the supporting member or members or fifty percent (50%) of damage or deterioration of the non -supporting enclosing or outside walls or covering. 1 CITY SECRETARY ORIGINAL COPY (c) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used. (e) Those which are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, safety or general welfare of those occupying such building. (f) Those having light, air and sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein. (g) Those which have inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication. (h) Those which have parts thereof which are so attached that they may fall and injure members of the public or property. (i) Those which, because of their condition, are unsafe, unsanitary, or dangerous to the health, safety or general welfare of the people of the city. (j) Those buildings existing in violation of any provisions of this Code, the Building Code, or other Ordinance or Code of the City of Sanger. § 3.1204 Standards to be Used When Ordering Repair, Vacation or Demolition The following standards shall be followed by the Building Official in ordering repair, vacation, or demolition: (a) If the "dangerous building" can reasonably be repaired so that it will no longer exist in violation of the terms of this section, it shall be ordered repaired. (b) If the "dangerous building" is in such condition as to make it dangerous to the health, safety or general welfare of its occupants, it shall be ordered to be vacated. (c) Inn any case where a "dangerous building" is fifty percent (50%) damaged, decayed, or deteriorated, it shall be repaired or demolished. In all cases where a building cannot be repaired so that it will no longer exist in violation of the provisions of this section, it shall be demolished. In all cases where a "dangerous building" is a fire hazard, existing or erected in violation of the terms of this section or of this Code, or of the Building Code, or any other Ordinance or Code of the City of Sanger or of any other requirement of law of the State of Texas, it shall be repaired or demolished. 2 CITY S CR TARP ORIGINAL Copy § 3.1205 Dangerous Building Declared Public Nuisance All "dangerous buildings" within the terms of subsection 3.1203 hereof are hereby declared to be public nuisances, and shall be repaired, vacated and repaired, or vacated and demolished as hereinbefore and hereinafter provided. § 3.1206 Inspections; Notice Requirements The Building Official shall: (a) Supervise all inspections required by this section and cause the Building Inspectors to make inspections and perform all the duties required of them by this section. Upon receiving a complaint or report from any source that a "dangerous building" exists in this city, he shall cause an inspection forthwith. If the Building Official deems it necessary to the performance of his duties and responsibilities imposed herein, he may request an inspection and report to be made to him by the fire department, police department, health department, or by any other department of the City of Sanger. (b) Inspect any building, wall or structure about which complaints are made by any person to the effect that a building, wall or structure is or may be existing in violation of these provisions. (c) Inspect any building, wall or structure reported (as hereinafter provided for) by the fire, police, or health departments of this city as potentially existing in violation of the terms of these provisions. (d) Inspect buildings in the city to determine whether they are "dangerous buildings" within the terms of subsection 3.1203 of this ordinance. (e) Notify in writing the owner, occupant, lessee, mortgagee, agent, and all other persons having an interest in said buildings as shown reasonable effort to determine identity and addresses of any building found by him to be a "dangerous building" within the standards set forth in subsection 3.1203, that: (1) The owner must vacate, vacate and repair, or vacate and demolish said building in accordance with the terms of the notice of these provisions; or (2) The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession. (3) The mortgagee, agent or other persons having an interest in said building as shown by reasonable effort to determine identity and addresses may at his own risk, repair, vacate or demolish or have such work done; provided that any person notified to repair, vacate and repair, vacate and demolish any building shall be 3 CITY SURETAFIN ON FINAL COPY given such reasonable time, not exceeding thirty (30) days, unless, in the judgment of the Building Official's inspection thereof, it is determined to be necessary to extend such time to do or have done the work or act required by the notice provided for herein. Said Building Official shall specify, in writing, an additional notice of the date to which said extension is made. (f) Set forth in the notice provided for in paragraph (e) (g) In cases except emergency cases as set out in subsection 3.1213 where the owner, occupant, lessee, or mortgagee is absent from the city, all notices or orders provided for herein shall be sent by registered mail or certified mail to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown by reasonable effort to determine identity and addresses, and a copy of such notice shall be posted in a conspicuous place on the "dangerous building" to which it relates. Such posting and mailing shall be deemed adequate service. (h) Report to the Municipal Judge as required by the provisions of this section. (i) Appear at all hearings conducted by the Municipal Judge and testify as to the conditions existing in the "dangerous building". (j) If the Building Official or his duly authorized representative complete inspection of a building and find it to be inherently dangerous and in the opinion of such inspector constitutes a nuisance per se, he shall place a notice on such building forthwith reading as follows: "THIS BUILDING HAS BEEN FOUND TO BE A DANGEROUS BUILDING BY THE BUILDING CODE ENFORCEMENT OFFICER OF THE CITY OF SANGER. THIS NOTICE IS TO REMAIN ON THIS BUILDING UNTIL IT IS REPAIRED, OR VACATED AND DEMOLISHED IN ACCORDANCE WITH THE NOTICE WHICH HAS BEEN GIVEN TO THE OWNER, OCCUPANT, LESSEE, MORTGAGEE, OR AGENT OF THIS BUILDING, AND ALL OTHER PERSONS HAVING AN INTEREST IN SAID BUILDING AS SHOWN BY THE DEED RECORDS OF THE COUNTY CLERK OF DENTON COUNTY, TEXAS, IT IS UNLAWFUL TO REMOVE THIS NOTICE UNTIL SUCH NOTICE IS COMPLIED WITH." Provided, however the posting of said notice shall not be construed to deprive any person or persons entitled thereto by this section to the notice and hearing prescribed herein. 11 GITYSNECRETARY ORIGINAL Copy 3.1207 Public Hearing (a) If the Building Official or his duly authorized representative has failed to obtain compliance with the terms of this section within thirty (30) days, he shall make written request to the Municipal Judge of the City of Sanger, Texas, for a public hearing to be held for the purpose of taking testimony relative to the "dangerous building". (b) The Building Official shall, with the assistance of the City Attorney, present testimony at such hearing, relative to the condition of the "dangerous building". (c) Upon receipt of a written notice from the Building Official or his duly authorized representative, the Municipal Judge of the City of Sanger shall hold a public hearing for the purpose of taking testimony from the Building Official or his duly authorized representative as well as the owner, occupant, mortgagee, lessee, or any other person having an interest in said "dangerous building" as shown by reasonable effort to determine identity and addresses, and said hearing shall be for the purpose of taking testimony relative to "dangerous building". The rules of the public hearing and notice thereof shall be prescribed by the Municipal Judge. (d) The Municipal Judge shall make written findings of facts from the testimony offered pursuant to the question of whether or not the building in question is a "dangerous building" within the terms of subsection 3.1203 hereof. § 3.1208 Court Order to Abate Dangerous Building Upon finding that the building in question is a "dangerous building" the Municipal Judge shall issue an order based upon the findings hereinabove commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building to repair, vacate and repair, or vacate and demolish any building found to be a "dangerous building" within the terms of this ordinance and providing that any person so notified shall have the obligation to either repairing or vacating, or repairing such building if such repair will comply with the Building Code of the City of Sanger, and with other applicable Ordinances of the city, or the owner or any person having an interest in said building may vacate and demolish said "dangerous building" at his own risk to prevent the acquiring by the city of a lien against the land where the "dangerous building" stands as provided in this section. Upon application by any person having an interest in such building, to the City Administrator of the City of Sanger and a showing of hardship or necessity, landfill fees for disposal of the demolition material from the "dangerous building" (which material is not otherwise prohibited from disposal in the city landfill), may be waived. § 3.1209 City May Cause placation, repair and Demolition and Assess Lien If the owner, occupant, mortgagee or lessee fails to comply with the order issued by the Municipal Judge within thirty (30) days of issuance of that order, the Building Official shall cause such building or structure to be repaired, vacated and repaired, or vacated and demolished 5 CITY SCRE7Ad i i OHIGINAL Copy as the facts may warrant under the standards hereinabove provided for in subsection 3.1204 hereof and the Building Official shall certify the charge for such repair, vacation or demolition, the necessary landfill fees, court costs and administrative fees incurred to the tax assessor and collector of the city as a charge which will constitute alien on real property and shall be enforced in the same manner as tax assessments and shall bear interest at the rate of ten percent (10%) per annum until paid. Such lien setting out such charges shall be filed in the deed records of Denton County pursuant to provisions of this section and applicable state laws. § 3.1210 Release of Lien Upon full payment of the full charges assessed against any property pursuant to the procedure set out in these provisions, or in the event the lien is placed on the property through error, the tax assessor and collector shall be and is hereby authorized to execute, for and in behalf of the City of Sanger a written release approved in each case by the legal department. 3.1211 Failure to Comply With Court Orders Constitutes Misdemeanor (a) The owner of any "dangerous building" who shall fail to comply with any notice or order to repair, vacate or demolish said building by any person authorized by this ordinance to give such notice or order, shall be guilty of a misdemeanor and upon conviction thereof shall be fined for each offense and each day's failure to so comply shall constitute a separate offense. (b) The occupant or lessee in possession who fails to comply with any notice to vacate, and anyone having an interest in said building as shown by the deed records of the county clerk of Denton County, Texas, and under a legal duty to repair, who fails to repair said building in accordance with any notice given as provided for in this section, shall be guilty of a misdemeanor and upon conviction thereof shall be fined for each offense and each day's failure to so comply shall constitute a separate offense. (c) Any person removing the notice provided for in subsection 3.12060) hereof shall upon conviction thereof be guilty of a misdemeanor. § 3.1212 City Attorney to Prosecute and Take Other Legal Action as Necessary The City Attorney shall: (a) Prosecute all persons failing to comply with the terms of the notices provided for in subsection 3.1206(e) and the order provided for in subsection 3.1208. (b) Appear at all hearings before the Municipal Judge in regard to "dangerous buildings". 6 G" ,`XCRETA Y ORIGINAL COpY (c) Take all necessary action to collect all municipal charges, liens or costs incurred by the Building Official in preparing or causing to be vacated or demolished "dangerous buildings". (d) Take such other legal action as is necessary to carry out the terms and provisions of this ordinance. § 3.1213 Emergency Cases In cases where it reasonably appears that there is an immediate danger to health, life or safety of any person unless a "dangerous building", as defined herein, is immediately repaired, vacated and repaired, or vacated and demolished, the building official shall report such facts immediately to the municipal judge who shall determine the facts as presented to him and if warranted, may suspend the notice and hearing provisions of this section and order the building to cause immediate repair, vacation, or demolition of such "dangerous building". The cost of such emergency repair, vacation, or demolition of such "dangerous building" shall be collected in the same manner as provided or in subsection 3.1209. § 3.1214 No Personal Liability for Agents of the City No officer, agent, or employee of the City of Sanger shall render himself personally liable for the damage that may accrue to the person or property as a result of any act required or permitted in the discharge of his duties under these provisions. PASSED AND APPROVED this the 18th day of August, 1997. ATTEST; iv-)OL-e-, datrz Rosalie Chavez, City Sec tary N