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O-88-2384 - 12/22/1988ORDINANCE NO. 01-3(0 AN ORDINANCE AMENDING CHAPTER 3, SECTION 1.3, UNSAFE BUILDING CODE, CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS, BY DELETING SECTION 1.3 AND SUBSTITUTING A REVISED UNSAFE BUILDING ABATEMENT CODE; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Chapter 3, Code of Ordinances, City of Round Rock, Texas, is hereby amended by deleting Section 1.3 and substituting the following: Section 1.3: A. UNSAFE BUILDING ABATEMENT CODE STATEMENT OF PURPOSE It is the purpose of this Section to secure the beneficial interests and purposes thereof - which are public safety, health and general welfare - through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings, structures or premises. B. DEFINITIONS Words not defined herein shall have the meanings stated in the Standard Building Code, Standard Mechanical Code, Standard Plumbing Code, Standard Gas Code, Standard Housing Code or Standard Fire Prevention Code. Words not defined in the Standard Codes shall have the meanings stated in the Webster's Eighth New Collegiate Dictionary, as revised. 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. 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 50% 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. OFFICE OF THE RECORDER - that office, in the local governing body, responsible for recording deeds and other legal documents or actions. C33ORDCODEB 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 Standard 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 minimum requirement established by the Standard 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 Standard Building Code for new buildings. f. If for any reason the building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is being used. g. The building, structure or portion thereof as a result of decay, deterioration or dilapidation that is likely to fully or partially collapse. h. The building, structure or portion thereof that has been constructed or maintained in violation of a specific requirement of the Standard Codes or of a city, county or state law. i. Any building, structure or portion thereof that is in such a condition as to constitute a public nuisance. 7 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. 2. C. SCOPE The provisions of this Code shall apply to all unsafe buildings or structures, as herein defined, and shall apply equally to new and existing conditions. D. 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 Standard Building Code provided that the alteration, repair or rehabilitation work conforms to the requirements of the Standard Building Code for new construction. The building official shall determine, subject to appeal to the City Council the extent, if any, to which the existing building shall be made to conform to the requirements of the Standard Building Code for new construction. 2) Alterations, repairs or rehabilitation work shall not cause an existing building to become unsafe as defined in Paragraph B(10), of this Code. 3) If the occupancy classification of an existing building is changed, the building shall be made to conform to the intent of the Standard 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 25% of the roof covering of a building shall be replaced in any period of 12 months unless the entire roof covering is made to conform with the requirements of the Standard Building Code for new buildings. E. SPECIAL HISTORIC BUILDINGS AND DISTRICTS The provisions of this Code relating to the construction alteration, repair, enlargement, restoration, relocation or moving buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as Historic Buildings when such buildings or structures are judged by the Building Official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within fire districts. The applicant must submit complete architectural and engineering plans and specifications bearing the seal of a registered professional engineer or architect. F. 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 Standard 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. 3. G. ORGANIZATION 1) ENFORCEMENT OFFICER The provisions of this Code shall be enforced by the Building Official. 2) RESTRICTIONS ON EMPLOYEES An officer or employee connected with the Department, shall not have a financial interest in the furnishing of labor, material or appliances for the construction, alteration, demolition, repair or maintenance of a building, or in the making of plans or of specifications therefor, unless he is the owner of such building. Such officer or employee shall not engage in any work which is inconsistent with his duties or with the interests of the Department. 3) RECORDS The Building Official shall a record of the business records of the Department inspection. keep, or cause to be kept, of the Department. The shall be open to public H. POWERS AND DUTIES OF THE BUILDING OFFICIAL 1) RIGHT OF ENTRY 2 3 a. The Building Official or his authorized representative may enter any building, structure or premises at all reasonable times to make an inspection or enforce any of the provisions of this Code. b. When entering a building, structure or premise that is occupied, the Building Official shall first identify himself, present proper credentials and request entry. If the building, structure or premise is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge of the building and demand entry. If entry is refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry. c. No person, owner or occupant of any building or premise shall fail, after proper credentials are displayed, to permit entry into any building or onto any property by the Building Official or his authorized agent for the purpose of inspections pursuant to this Code. Any person violating this Section shall be prosecuted within the limits of the law as established by the proper governing authority. INSPECTIONS The Building Official, the Fire Official and other authorized representatives are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this Code. REQUIREMENTS NOT COVERED BY CODE Any requirement necessary for the strength or stability of an existing or proposed building or structure, or for the safety or health of the occupants thereof, not specifically covered by this Code, shall be determined by the Building Official. 4. 4) LIABILITY Any officer or employee, or member of the City Council, 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. 5) REPORTS The Building Official shall annually submit a report to the Chief Administrator of the decisions rendered by the City Council during the preceding year. The report shall include a summary of the decisions of the City Council during said year. I. VIOLATIONS AND PENALTIES Any person, firm, corporation or agent who shall violate a provision of this Code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, demolish or move any structure, or has erected, constructed, altered, repaired, moved or demolished a building or structure in violation of a detailed statement or drawing submitted and approved thereunder, shall be prosecuted within the limits provided by state or local law. Each such person shall be deemed guilty of a separate offense for any violation of any of the provisions of this Code, and upon conviction of any such violation such person shall be punished within the limits and as provided by state or local laws. J. INSPECTION AND NOTICE OF NONCOMPLIANCE 1) 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 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. 5. f. A statement advising that if the required action as determined by the Building Official is not commenced within 30 days, the Building Official shall request that the City Council, by ordinance, 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. c. If the building or structure is to be repaired, the notice shall require that all necessary permits be secured and work commenced within 60 days after receipt of said notice and continued to completion with such time as the Building Official determines. d. If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed. e. If the building or structure is to be demolished, the Building Official shall require that the premises be vacated within 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. f. A statement advising that if the required action as determined by the Building Official is not commenced within or completed, the Building Official shall request that the City Council, by ordinance, 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. g. All notices and all attachments thereto shall be served upon the owner of record and posted on the property in a conspicious 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. h. 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. 6. i. 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. 1. The building shall be ordered repaired in accordance with the Standard Building Code or demolished at the option of the owner. 2. If the building or structure poses an immediate hazard to life or to the safety of the public it shall be ordered vacated immediately. 7 POSTING OF NOTICE TO VACATE Every notice to vacate, in addition to complying with J(2)(h) 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. K. RULES OF PROCEDURE FOR PUBLIC HEARING 1) After the receipt of a written request from the Building Official, the City Council shall, by ordinance, 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 building or structure must be demolished in order to protect the public health, safety and welfare. Said ordinance shall state with specificity each violation which renders said building or structure unsafe. 2) REASONABLE DISPATCH 3 The City Council 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 personally or posted certified mail at least 15 days before the hearing date. SUBPOENAS The City Council may obtain the issuance and service of subpoenas for the attendance of witnesses or the production of evidence at the hearings. Subpoenas may be issued upon the request of any member of the City Council, or upon the written request of any party involved in the hearing. The issuance and service of subpoenas shall be in accordance with established law. Any person who refuses, without legal excuse, to respond to any subpoena lawfully issued and served may be prosecuted to the extent established by law. 4) PROCEDURE a. Hearings shall not be required to be conducted in accordance with the technical rules relating to evidence and testimony. 7. b. City Council may grant continuance for good cause. c. In any proceedings under this chapter any member of the City Council shall have the power to administer oaths and affirmations and to certify official acts. d. Oral evidence shall be taken only on oath or affirmation. e. Hearsay evidence supplementing or The further use limited to that civil court. may be used for the purpose of explaining any direct evidence. of hearsay evidence shall be which would be admissible in f. Relevant evidence shall be admitted if it is the type on which reponsible 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 City Council 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. 5) After completion of the public hearing, if the City Council finds that the building or structure is in violation of the provisions of this Code, it may order the building or structure repaired or demolished within a reasonable time. 6) RECOURSE If the appellant is aggrieved by the decision of the City Council, 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 15 days from the effective date of the City Council's final decision. L. COMPLIANCE 1) FAILURE TO RESPOND Any person who, after the order of the Building Official or the decision of the City Council becomes final, fails or refuses to respond to the direction of such order, shall be prosecuted to the extent provided for by law. 8. 2 FAILURE TO COMMENCE WORK a. Whenever the required repair, vacation or demolition is not commenced within 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 b. Subsequent to posting the building, 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 or structure 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. 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 extensions of time, in total, exceed 120 days, they must also be approved by the City Council which may act without further public hearing. 4) INTERFERENCE No person shall obstruct or interfere with the implementation of any action required by the final notice of the Building Official or the City Council. Any person found interfering or obstructing such actions shall be prosecuted to the extent provided for by law. M. RECOVERY OF COST OF REPAIR OR DEMOLITION Whenever a building or structure is repaired or demolished in accordance with the provision of this Code and cost of such repair or demolition is borne by the City, the City may assess the expenses on the property on which the building is located. The assessment of the reasonable expenses incurred shall be determined by the Building Official, and a lien shall be placed on the property and recorded in the Deed Records of Williamson County, Texas. 9. 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. READ and APPROVED on first reading this the day of , 19 READ, APPROVEDreading this ATTEST: 'XL) CL and Ar,,,,,,,,., on second _ A1 Aay at _ , 19 . NE LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas 10. DATE: SUBJECT: ITEM: December 20, 1988 Council Agenda, December 22, 1988 9G. Consider an ordinance amending the Unsafe Building Code. (First Reading) STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Enclosed please find a copy of the proposed Unsafe Building Code. This is required to comply with State law for the removal of unsafe structures by establishing a public hearing procedure. ECONOMIC IMPACT: