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G-02-06-27-8A1 - 6/27/2002ORDINANCE NO. @ OO1- 'R 1 AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS ESTABLISHING THE BUILDING STANDARDS COMMISSION; AMENDING CERTAIN SECTIONS OF CHAPTER 3, CODE OF ORDINANCES, (1995 EDITION) CITY OF ROUND ROCK, REPEALING SECTIONS 3.402; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, the City Council of the City of Round Rock has found it to be in the best interests of the citizens of Round Rock to establish a Building Standards Commission; and WHEREAS, certain sections of Chapter 3 of the Code are in need of revision to comport with the creation of a Building Standards Commission and the prior adoption of the International Codes, and Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Chapter 3, Section 3.302 of the Code of Ordinances, (1995 Edition) City of Round Rock is hereby amended to read as follows: 3.302 DEFINITIONS Words not defined herein shall have the meanings stated in the International Building Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code, Standard Housing Code or International Fire Code. Words not defined in the International Codes shall have the meanings stated in the Merriam -Webster's Tenth New Collegiate Dictionary. (1) Applicable Governing Body - the City of Round Rock, Texas, shall be the applicable governing body. (2) Approved - approved by the building official or other authority having jurisdiction. ::ODMA\WORLDOX\O:\WDOX\ORDINANC\020627A1.WPD/cr 1 (3) Building - any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for fifty (50) percent of its perimeter. The term "building" shall be construed as if followed by the words "or part thereof." For the purpose of this Code each portion of a building separated from other portions by a fire wall shall be considered as a separate building. (4) Building Official - the officer or other designated authority charged with the administration and enforcement of this Code, or his duly authorized representative. (5) Chief Appointing Authority - the person or persons designated by the laws of the local governing body as having authority to appoint persons to various boards. (6) Department - the building department or other agency charged with the enforcement of this Code. (7) Office of the Recorder - that office responsible for recording deeds and other legal documents or actions. (8) Owner - any person, agent, firm or corporation having a legal or equitable interest in the property. (9) Structure - that which is built or constructed. (10) Unsafe Building - any building or structure that has any of the following conditions, such that the life, health, property or safety of its occupants or the general public are endangered: (a) Any means of egress or portion thereof that is not of adequate size or is not arranged to provide a safe path of travel in case of fire or panic. (b) Any means of egress or portion thereof, such as but not limited to fire doors, closing devices and fire resistive ratings, that is in disrepair or in a dilapidated or nonworking condition such that the means of egress could be rendered unsafe in case of fire or panic. (c) The stress in any material, member or portion thereof, due to all imposed loads including dead load, that exceeds the stresses allowed in the International Building Code for new buildings. (d) The building, structure or portion thereof that has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the building or structure is less than it was prior to the damage and is less than the mini mum requirement established by the International Building Code for new buildings. (e) Any exterior appendage or portion of the building or structure that is not securely fastened, attached or anchored such that it is capable of resisting wind, seismic or similar loads as required by the International Building Code for new buildings. 2 If for any reason the building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is being used. The building, structure or portion thereof as a result of decay, deterioration or dilapidation is such that it is likely to fully or partially collapse. The building, structure or portion thereof has been constructed or maintained in violation of a specific requirement of the Standard International Codes or of a city, county or state law. Any building, structure or portion thereof that is in such a condition as to constitute a public nuisance. Any building, structure or portion thereof that is unsafe, unsanitary or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or, which in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. II. That Chapter 3, Section 3.304 of the Code of Ordinances, (1995 Edition) City of Round Rock is hereby amended to read as follows: 3.304 ALTERATIONS, REPAIRS OR REHABILITATION WORK (1) Alterations, repairs or rehabilitation work may be made to any existing building without requiring the building to comply with all the requirements of the International Building Code provided that the alteration, repair or rehabilitation work conforms to the requirements of the International Building Code for new construction. The Building Official shall determine, subject to appeal to the Building Standards Commission, the extent, if any, to which the existing building shall be made to conform to the requirements of the International Building Code for new construction. (2) Alterations, repairs or rehabilitation work shall not cause an existing building to become unsafe as defined in subsection 3.302(10) above. (3) If the occupancy classification of an existing building is changed, the building shall be made to conform to the intent of the International Building Code for the new occupancy classification as established by the Building Official. (4) Repairs and alterations, not covered by the preceding paragraphs of this Section, restoring a building to its condition previous to damage or deterioration, or altering it in conformity with the provisions of this Code or in such manner as will not extend or increase an existing nonconformity or hazard, may be made with the same kind of materials as those of which the building is constructed; but not more than twenty-five (25) percent of the roof covering of a building shall be replaced in any period of twelve (12) months unless the 3 entire roof covering is made to conform with the requirements of the International Building Code for new buildings. III. That Chapter 3, Section 3.306 of the Code of Ordinances, (1995 Edition) City of Round Rock is hereby amended to read as follows: 3.306 MAINTENANCE All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the International Building Code in a building when erected, altered or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings and structures. IV. That Chapter 3, Section 3.308(4)of the Code of Ordinances, (1995 Edition) City of Round Rock is hereby amended to read as follows: 3.308 Liability (4) Any officer or employee, or member of the Building Standards Commission, charged with the enforcement of this Code, acting for the applicable governing body in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of such act performed by him in the enforcement of any provision of this Code shall be defended by the legal department of the applicable governing body until the final termination of the proceedings. V. That Chapter 3,Section 3.310 of the Code of Ordinances, (1995 Edition) City of Round Rock is amended to read as follows: 3.310 INSPECTION AND NOTICE OF NONCOMPLIANCE (1) Inspection The Building Official shall inspect or cause to be inspected any building, structure or portion thereof which is or may be unsafe. After the Building Official has inspected or 4 caused to be inspected a building, structure or portion thereof and has determined that such building, structure or portion thereof is unsafe, he shall initiate proceedings to cause the abatement of the unsafe condition by repair, vacation or demolition or combination thereof. (2) Notice The Building Official shall prepare and issue a notice of unsafe building directed to the owner of record of the building or structure. The notice shall contain, but not be limited to, the following information: (a) The street address and legal description of the building, structure or premise. (b) A statement indicating the building or structure has been declared unsafe by the Building Official, and a detailed report documenting the conditions determined to have rendered the building or structure unsafe under the provisions of this Code. (c) A statement advising that if the required action as determined by the Building Official is not commenced within thirty (30) days, the Building Official shall request that the Building Standards Commission call for a public hearing to determine whether or not conditions exist which render the building or structure unsafe under the provisions of the Code. (d) If the building or structure is to be repaired, the notice shall require that all necessary permits be secured and work commenced within sixty (60) days after receipt of said notice and continued to completion within such time as the Building Official determines. (e) If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed. (0 (g) If the building or structure is to be demolished, the Building Official shall require that the premises be vacated within sixty (60) days, that all permits for demolition be secured and that the demolition be completed within such time as determined reasonable by the Building Official. A statement advising that if the required action as determined by the Building Official is not commenced within or completed, as required, the Building Official shall request that the Building Standards Commission, call for a public hearing to determine whether or not conditions exist which render the building or structure unsafe under the provisions of the Code. (h) All notices and all attachments thereto shall be served upon the owner of record and posted on the property in a conspicuous location. A copy of the notice and all attachments thereto shall also be served on any person determined from official public records to have a legal interest in the property. Failure of the Building Official to serve any person herein required to be served other than the owner of record shall not invalidate any proceedings hereunder nor shall it relieve any other person served from any obligation imposed on him. 5 (i) All notices shall be served either personally or by certified mail, postage prepaid, return receipt requested, to each person at the address as it appears on the official public records. If addresses are not available on any person required to be served the notice, the notice addressed to such person shall be mailed to the address of the building or structure involved in the proceedings. The failure of any person to receive notice, other than the owner of record, shall not invalidate any proceedings under this section. Service by certified or registered mail as herein described shall be effective on the date the notice was received as indicated on the return receipt. Proof of service of the notice shall be by written declaration indicating the date, time and manner in which service was made and signed by the person served on by the return receipt. (3) Standards for Compliance The following action shall be taken by the Building Official when ordering the repair, vacation or demolition of an unsafe building or structure. (a) The building shall be ordered repaired in accordance with the International Building Code or demolished at the option of the owner. (b) If the building or structure poses an immediate hazard to life or to the safety of the public it shall be ordered vacated immediately. (4) Posting of Notice to Vacate Every notice to vacate, in addition to complying with subsection 3.310(2)(i)above, shall be posted at each exit and entrance to the building or structure and shall state: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents to remove such notice without written permission of the Building Official, or for any person to enter the building except for the purpose of making the required repairs or of demolishing same. VI. That Chapter 3,Section 3.311 of the Code of Ordinances, (1995 Edition) City of Round Rock is amended to read as follows: 3.311 RULES OF PROCEDURE FOR PUBLIC HEARING (1) After the receipt of a written request from the Building Official, the Building Standards Commission shall call a public hearing to determine whether or not conditions exist which render a building or structure unsafe under the provisions of this Code such that said 6 building or structure must be demolished in order to protect the public health, safety and welfare. (2) Reasonable Dispatch The Building Standards Commission shall proceed with reasonable dispatch to conclude said public hearing, with due regard to the convenience and necessity of the parties involved. The hearing notice shall be served as required by the Texas Local Government Code at least fifteen (15) days before the hearing date. (3) Subpoenas The Building Standards Commission may obtain the issuance and service of subpoenas for the attendance of witnesses or the production of evidence at the hearings. The issuance and service of subpoenas shall be in accordance with established law. (4) Procedure (5) (a) Hearings shall not be required to be conducted in accordance with the technical rules relating to evidence and testimony. (b) The Building Standards Commission may grant continuance for good cause. (c) In any proceedings under this Code the Chairman of the Commission shall have the power to administer oaths and affirmations and to certify official acts. In the Chairman's absence, the acting Chairman may administer oaths and compel the attendance of witnesses. (d) Oral evidence shall be taken only on oath or affirmation. (e) Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence. The further use of hearsay evidence shall be limited to that which would be admissible in civil court. (f) Relevant evidence shall be admitted if it is the type on which responsible persons are accustomed to rely 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 courts. (g) The Commission may inspect any building, structure or premise during the course of the hearing, provided the following are complied with: 1) notice of such inspection is given to the parties prior to making the inspection, and; 2) the parties are allowed to be present during the inspection; and 3) the inspector states for the record, upon completion of the inspection, the facts observed and any conclusions drawn therefrom. After completion of the public hearing, if the Commission finds that the building or structure is in violation of the provisions of this Code, it may order the owner, lienholder, or mortgagee of the building to, within 30 days, secure the building from unauthorized entry or to repair, remove, or demolish the building, whichever is applicable, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days. The City will furnish a copy of the order to any lienholders or mortgagees in the event the owner fails to timely take the ordered action. (6) The Commission may allow the owner, lienholder, or mortgagee more than 30 days to repair, remove, or demolish the building. If the Commission allows the owner, lienholder, 7 or mortgagee more than 30 days to repair, remove or demolish the buildings, the Commission shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder, or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed . The City will furnish a copy of the order to any lienholders or mortgagees in the event the owner fails to timely take the ordered action. (7) If any owner, lienholder, or mortgagee of record is aggrieved by the decision of the Commission, nothing in this Code shall be construed to deprive him of seeking redress in the civil or other applicable court. Said appeal must be filed within thirty (30) days from the date a copy of the final decision of the Commission is delivered as required by the Texas Local Government Code. VII. That Chapter 3,Section 3.312 of the Code of Ordinances, (1995 Edition) City of Round Rock is amended to read as follows: 3.312 COMPLIANCE (1) Failure to Respond Any person who, after the order of the Building Official or the decision of the Building Standards Commission becomes final, fails or refuses to respond to the direction of such order, shall be prosecuted to the extent provided for by law. (2) Failure to Commence Work (a) Whenever the required repair, vacation or demolition is not commenced within thirty (30) days after the effective date of any order, the building, structure or premise shall be posted as follows: UNSAFE BUILDING DO NOT OCCUPY It shall be punishable by law to occupy this building or remove or deface this notice (Specify the applicable local law and the penalty for violation thereof). Building Official City of Round Rock, Texas (b) Subsequent to posting the building, structure or premise, the Building Official may cause the building to be repaired to the extent required to render it safe or if the notice required demolition, to cause the building, structure or premise to be demolished and all debris removed from the premise. The cost of repair or demolition shall constitute a lien on the property and shall be collected in a manner provided by law. 8 (c) Any monies received from the sale of a building or from the demolition thereof, over and above the cost incurred, shall be paid to the owner of record or other persons lawfully entitled thereto. (3) Extension of Time The Building Official may approve one or more extensions of time as he may determine to be reasonable to complete the required repair or demolition. Such requests for extensions shall be made in writing stating the reasons therefor. If the requests for extensions of time, in total, exceed 60 days, they must also be approved by the Commission. VIII. That Chapter 3,Section 3.402 of the Code of Ordinances, (1995 Edition) City of Round Rock pertaining to the Board of Housing Appeals is repealed in its entirety. IX. That Section 3.1411 of the Code of Ordinances, (1995 Edition) City of Round Rock is amended to read as follows: 3.1411 APPEALS TO BUILDING STANDARDS COMMISSION The Building Standards Commission shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Planning Director in the enforcement of this Section. X. That Chapter 3 of the Code of Ordinances, (1995 Edition) City of Round Rock is hereby amended by adding a section to be numbered Section 3.1500 which said section shall read as follows: SECTION 3.1500 BUILDING STANDARDS COMMISSION 3.1501 BUILDING STANDARDS COMMISSION ESTABLISHED (1) Creation. 9 The City Council shall provide for the appointment of a Building Standards Commission and the regulations and restrictions adopted shall be pursuant to the provisions of applicable statutory requirements for a building standards commission under state law. (2) Membership, Terms and Compensation. (g) Number, Appointment. The Commission shall consist of five (5) members. Appointment of members shall be made by the City Council at the second regular meeting of the City Council after the City election. All members shall reside within the corporate City limits or within the extraterritorial jurisdiction of the City during the time in which they serve on the Commission. To the extent possible, the City Council shall appoint members to the Commission who have experience or expertise in the building trade. (h) Terms. Terms for members shall be for two (2) years, and shall expire on the 15th day of June; provided, however, that the members shall continue to serve until their successors are appointed. (i) Initial appointments. The initial appointments to the Commission shall have staggered terms so that two members are appointed for one-year terms and three members are appointed for two-year terms. (j) Vacancies. Vacancies shall be filled by the City Council for the unexpired terms of any member whose term becomes vacant. (k) Removal. A Commission member may be removed by the City Council for cause on a written charge and after a public hearing if so requested by the commission member subject to the removal action. (1) Compensation. Members shall serve without pay. Members may be reimbursed for actual expenses incurred in the performance of their duties from available funds approved in advance. (g) Alternates. The City Council shall be authorized to appoint up to eight (8) alternate members of the Commission who shall serve in the absence of one or more regular members when requested to do so by the Mayor or City Manager. The alternate members serve for two-year terms and are subject to removal in the same manner as the regular members. 10 3.1502 POWERS AND DUTIES (1) The Commission shall have the powers and duties as set forth in Chapter 52, Subchapter C of the Local Government Code to hear and determine cases concerning alleged violations of ordinances. (2) The Commission has the power to hear appeals and render decisions upon rulings and refusals of ruling by the Building Official when requests for a modification or a variation from the provisions of this Chapter have been made. Whenever the Building Official rejects or refuses to approve the mode or manner of work proposed to be followed or materials to be used in the proposed construction, or when it is claimed that the provisions of this Code do not apply, or that any equally good or more desirable form of installation can be employed in any specific case, or when it is claimed that the true intent and meaning of this Code or any of the regulations thereunder have been misconstrued or wrongly interpreted, the owner of such building or structure, or his/her duly authorized agent, may appeal the decision of the Building Official to the Commission. Notice of the appeal shall be in writing and filed within 30 days after the decision is rendered by the Building Official. 3.1503 PROCEDURES (1) Officers. The Chairperson of the Building Standards Commission shall be elected from the membership of the Commission by a majority of the members. A Vice -Chair to serve in the Chairperson's absence shall be likewise elected. (2) Meetings. Meetings may be called upon request of the Chairperson of the Commission, or upon written request of three members, or upon notice from the Building Official that a matter requires consideration of the Commission. (3) Quorum. A quorum shall consist of a majority of the entire membership of the Commission and any issue to be to be voted on shall be resolved by a majority of those present. (4) Notice of Meetings. Public notice of all meetings of the Commission shall be posted according to the Texas Open Meetings Act. (5) Rules of Proceeding. The Commission shall adopt its rules of procedure by majority vote of the entire Commission, provided that such rules not be in conflict with laws applicable to the Commission or any provisions of the City Charter. (6) Minutes. The Commission shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to votes. The Commission shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the office of the commission as public records. 11 (7) Record of Proceedings. The Building Official or his/her duly appointed agent is the Secretary of the Commission and shall keep a full record of all proceedings of the Commission and such other records as the Commission may direct; provided, however, that in no event shall any City employee vote on any matter pending before the Commission. 3.1504 VARIANCE OF PROVISIONS The Commission, after hearing an appeal, may vary the application of any provision of this Code to any particular case, when it has determined that the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Code or public interest. 3.1505 DECISION TO BE FINAL Every decision of the Commission shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. 3.1506 BUILDING OFFICIAL RULING EFFECTIVE PENDING APPEAL During the pendency of an appeal to the Commission, the ruling or refusal of the Building Official shall be in full force and effect. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, 12 considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this a 7 day of , 2002. Alternative 2. READ and APPROVED on first reading this the day of , 2002. READ, APPROVED and ADOPTED on second reading this the day of , 2002. Nyl axwe 1, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secre 13 DATE: SUBJECT: ITEM: June 21, 2002 City Council Meeting — June 27, 2002 8.A.1. Consider an ordinance establishing a Building Standards Commission. (First Reading) Resource: Jim Nuse, Chief of Operations /Assistant City Manager History: Previously, appeals from decisions of the Building Official were heard by the City Council. The Texas Government Code provides that the governing body of the City may establish a Building Standards Commission to hear and determine cases concerning alleged violations of ordinances involving preservation of public health and safety. For example, a Building Standards Commission would hear appeals from the Building Official's decision regarding unsafe structures, fire safety violations or sign ordinance violations. In the near future staff will be proposing the abolishment of the Electrical Examining and Advisory Board, which will also be replaced by the Building Standards Commission. Funding: N/A Cost: Source of funds: Outside Resources: N/A Impact/Benefit: N/A Public Comment: N/A Sponsor: N/A