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HomeMy WebLinkAbout83-2511 ordr ~ .~ q+-ka ! r; - - ,~~ . ~~~b i ~ 7 ,:. ~~~ ,. ORDINANCE NO. 83°2511 AP~SENDMENT MINIMUM HOUSING STANDARDS .CODE AN ORDINANCE AMENDING ORDINANCE NO. 71-1351 AND ORDINANCE NO. 82-2479; PROVIDING FOR A MINIMUM HOUSING STANDARDS CODE FOR THE CITY OF PLAINVIEW, TEXAS, .DECLARING ITS PURPOSE, THE METHOD OF ENFORCEMENT, PROVIDING FOR DEFINITIONS, PROVIDING FOR SPACE AND OCCUPANCY STANDARDS, STRUCTURAL REQUIREMENTS, MECHANICAL REQUIREMENTS, EXITS, FIRE PROTECTION, DEFINING SUBSTANDARD BUILDINGS, PROVIDING FOR THE DUTIES OF .THE .CODE ENFORCEMENT OFFICER WITH THE CITY. OF PLAINVTEW, TEXAS, PROVIDING FOR A BOARD OF MINIMUM HOUSING STANDARDS TO DETERMINE MINIMUM HOUSING REQUIREMENTS FOR RESIDENTIAL BUILDINGS WITHIN THE CITY OF PLATNVIEW, TEXAS., PROVIDING FOR PERFORMANCE OF DEMOLITION AND OTHER WORK BY THE CITY OF PLAINVIEW, TEXAS, AND FOR THE. RECOVERY OF COST OF DEMOLITIAN AND OTHER WORK, PROVIDING FOR ADMINISTRATIVE REMEDIES, FOR ENFORCEMENT OF MINIMUM HOUSING REQUIREMENTS, PROVIDING FOR FINAL APPEAL TO THE DISTRICT COURT OF HALE ''COUNTY, TEXAS, PROVIDING FOR COLLECTION OF FEES FOR PERMITS, PROVIDING FOR CODE ENFORCEMENT SEARCH WARRANTS, PRO- VIDING F;OR A PENAL'TY,'PROVIDING FOR A SEVERABILITY CLAUSE, AND EFFECTIVE DATE OF "THIS ORDINANCE.. WHEREAS, the City Council of the City of Plainview, Texas, has ',determined that there is a need for a Minimum Housing Code in the 'City of Plainview to promote.-the health, safety and welfare of its inhabitants; and WHEREAS, the City of .Plainview has determined that Ordinance No. 71-,1351, and Ordinance No. 82-2479 should be amended; and WHEREAS, the.City Council has. determined that. the 1970 edition of the ',Uniform Building Code, Volume III, Housing Code as copy- righted in 1970 by the International Conference of Building Officials, Pasadena, California, with amendments to conform same to the specific needs of Plainview, Texas, should be adopted as the Minimum Housing Standards Code for the 'City of Plainview, Texas; and WHEREAS, the City Council of Plainview, Texas, has determined- it would be in the best interest of the public safety and welfare to establish a Board of Minimum Housing Standards to provide for .final interpretations of the provisions of this Code; and s y g F ~ ~ ~~. e ~ ' WHEREAS, the City Council has determined that provisions should be made for the performance of de~molitian and other work for~.the enforcement of minimum housing requirements and provisions. shou~id &~e made for the recovery of costs incurred in the enforcement of sluch minimum housing standards; and ', WHEREAS, the City Council desires to authorize various City departments to use search warrants incidental to the enforcement of this Code; and WHEREAS, the City Council finds, in the :best interest of. clarity, it should adopt an ordinance with the revisions and amend- ment',s to the Minimum Housing Standards Ordinance contained in one ordilnance of the City. of Plainview, Texas. ', NOTi~, THEREFORE, BE IT ORDAINED BY T:HE CITY_COUNCIL OF THE CITYI, OF'PLAINVIEW, TEXAS, ORDINANCE N0. 73-1351 and ORDINANCE NO. !82-'.2479 OF THE CITY"OF PLAIPIVIEW, TEXAS, SHALL BE AND THE SAMEAR~ HEREBY AMENDED AS FOLLOWS, TO-WIT:. CHAPTER 1 - TITLE AND SCOPE Sec. H-101. This ordinance shall be kno~~tn as the "Housing Code", and may be cited as such, and will be referred to herein as "this Code," . Sec .'H-102. The purpose of this Code is to provide minimum require- ment's for the protection. of life,. limb, ]Health, property, safety, and welfare of the general public and the=_ owners and occupants of residengial buildings. Sec. H-103. Thee 1970 Edition of the Uni:Eorm Building Code, Volume III, Housing .Code as copyrighted in 1970 by the International Con- ference of Building Officials,-Pasadena, California, with amendments to conf®rm same to the specific needs of the City of Plainview, Texas, is hereby adopted as the minimum requirements for the protection of life!, limb, health, property, safety, anc3 welfare of the general public and the owners and occupants of residential buildings located within the City limits of Plainview, Texas. Sec. H-104. 1;a)Application. 'The provisions of this Code shall apply to all buildings or portions thereof used, or designed to be used or intended to be used for human habitation. Such buildings in existence at the, time of the adoption of this Code may have their existing use or occupancy continued, if such use. or occupancy was legal at the time ,of the adoption of this Code, provided such continued use is not dangerous to life, limb, property, health, safety and welfare of -the_ _2_ R r i ~ ~ ~~ , ~,~ general public and the. owners and occupants of the building, and further provided that such structures are not found to be sub- standard as defined in this Code. ;. Where any building or portion thereof is'. used or intended to be used as a combination apartment house-hotel., the provisions of this Code shall apply to the separate portions as if they were separate buildings. Every rooming house or lodging house shall comply with all the requirements of this Code for dwellings. (b)',Alterations. Existing buildings which are repaired, altered or enlarged shall be, made to conform to this Code insofar as the new ''work is concerned and in accordance with the Uniform Building Code adopted at the time of the initial inspection by the Code Enforcement Officer. (c) Relocation. Existing buildings which are moved or relocated shall be considered as new construction and shall comply.with ail the requirements of this Code and the Uniform Building Code adopted at the time of the in al in pection. CHAPTER 2 - ENFORCEMENT Sec. H-201. (a) Authority. The Code Enforcement Officer is hereby authorized and directed to administer ar-d enforce all of-the provi- sions of this Code. (b) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Code Enforcement Officer or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises, an.y condition which makes such building or premises sub- standard as defined in Section H-202 of this Code,, the. Code Enforce- ment Officer or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Code Enforcement Officer by this Code; provided. that if such building or premises be occupied, he shall first present credentials and demand entry; and if such building or premises be unoccupied, he shall first-make a reasonable. effort to locate the owner or other persons having charge or control .of the building or premises and demand entry. If such entry is refused, the .Code Enforce- ment Officer or his authorized representative shall have recourse to every remedy provided by law to secure entry. No owner or occupant or any other person having charge, care or con- trot of any building or premises shall fail or neglect, after proper _~ .F~y demand is made as herein provided, to properly. permit entry therein by the Code Enforcement Officer or his authorized representative for the purpose of inspection and examination pursuant to this Code. (c~~Responsibi)_ities Defined, Every, owner remains liable for .violations of duties imposed .upon him by this Code even though- the ,owner has, by agreement, imposed on the occupant the duty of .furnishing required equipment or of c~omglying with this Code. Evex'y owner, or his agent, in addition t.o 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 iri:a clean., sanitary, and safe con- dit~!,on including the shared or public areas in a building contain- ing'two or more dwelling units. Every owner shall, where required by this Code, the health ordinance or the health officer, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment, or facilities for the prevention of insect and rodent infestation, and. where infestation has taken place, shall be responsible for extermination of any insects, rodents, or other pests when such extermination is not specifically made the respon- sib~lity of the occupant by law or ruling.. .Every occupant. of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary, and safe condition that part of the 'dwelling or dwelling unit or premises which he occupies and con- trols, shall dispose of all his rubbish, garbage, and. other organic wasfie in a manner required by the health ordinance and approved by the 'health officer. Every occupaht shall, where required by this Code, the health ordi~,nance or the health officer, furnish and maintain approved devices, equipment or facilities necessary to keep his premises safe and sanitary. Sec.' H-202. A11 buildings or portions thereof which are determined. to. b',e substandard as defined in this Code are hereby declared to be publ!~ic nuisances and shall be abated by repair, rehabilitation, dema',lition, or removal in accordance tait:h the procedure specified in Section H-1101 of this Code.. Sec.', H-203. In order to provide for final,interpretation of the -4- i ( ~, yL 1 provisions of this Code and to hear appeals provided for hereunder, thelBoard of Minimum Housing Standards will serve as the Appeal Board. for Minimum Requirements of the Housing Code. There is here- by established a Board of Minimum Housing Standards ,consisting of five (5) members who are not employees'o~f the City. All members appointed shall not at the time of the appointment nor during their ' term of office serve on any other authority board, commission or com~ittee of the City of Plainview. All members appointed shall be a resident of the City of Plainview, Texas, at the time. of their appointment and during their term of office.. The members of the Board shall be appointed by the City Council. Two. (2) members of the ',initial Board appointed by the City Council shall serve until Deco-amber 31, 1982. Three (3} members of the Board initially appointed by the City Council shall serve until December 31, 1983. Thereafter, two (2) members of the Berard shall be appointed by the Ct~ Council beginning January l in odd numbered years and three (3)Imembers shall be appointed by the City Council beginning January- 1 in even numbered years. No person shall serve more than two (2) consecutive terms as a member of the Board. -.Any term of office of any !member of the Board expiring other than on December 31 in any year., shall be filled by appointment by the City Council until December 31 of that year. Each member of the Board shall serve a term of two (2) years. Three (3) members of the Board shall con- stitute a quorum. The Board shall act by a majority-vote of those- present. A Chairman who shall preside over meetings and shall have the ''same voting rights as other members, shall be selected by the Board from its membership. One (l) member of the Planning and Zoning ',Department of-the City of Plainview, one (1) representative from the Hale County Health Department, and one: (1) representative of the 'Fire Department of; the City of Plainview, the Code Enforce- ment Officer of the City of Plainview anal the Director of Public Safety of the City of Plainview, shall serve as exofficio members of the Board, but-such members shall not. have any voting rights or privileges. The Code Enforcement Officer shall ,serve as Secretary of the Board of Minimum Housing Standards.. Meetings of the Board shall be held at the call of the. Chairman and. at such time as the Board may determine. Each meeting of the Board shall. be legally posted as required by Article 6252-_l~.VTCS',and the Mayor, exoffico members .and members of, the Board shall be notified in writing not less than five (5) days prior to the date of-any meeting. Each member of the Board shall attend no less than 75% of the regular, special or emergency meetings called by the officers of the Board. The Secretary of the Board shall make a quarterly ' ~ • ~ r~ ~~~i~' .,~ ti report to the Mayor and City Council showing-the attendance of each member of the Board. Any representative failing to attend 75~'of the regular, special or emergency meetings legally called during any calendar year shall be automatically di:squali,fied for service on the Board and shall be replaced by the City Council. Should any member of the Board move from the City or otherwise become disqualified for any reason, he shall vacate the office. The'Board may adopt reasonable rules ands regulations forcon- ducting its business. and shall render al.l decisions and findings: in d~rit.ing to the appellant with a copy to the Code Enforcement Officer. Appeals to the Board shall be.processed in accordance with tl~e provisions contained in Sec. H-1201 of this Code. Copies of dll'rules and regulations adopted by the Board shall be delivered to the Code Enforcement Officer who shall make them freely accessible to the public. Sec'. H-204. No person, firm, or corporation, whether as owner, lessee, sublessee, or occupant., shall ez'ect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use., occupy, or maintain any building or premises, or cause- or permit the same. to be done.,- contrary to or in violation of any of the provisions of this Code or any order issued by the Code Enforcement Officer here- under. Sec, H-205.. Any person violating the provisions of this Section shall be guilty of a misdemenaor and upc>n conviction thereof shall be punished by a fine of not to exceed $2OCI.00. Each such Person shall be deemed guilty of a separate offense for each and'.. every day or portion thereof during which any such violation is committed. CHAPTER 3 - PERMITS AND INS'>PECTIONS General: Sec. H-301. No person, firm, or.corporati_on shall erect, construct, enlarge, .alter, repair, move, improve, .remove, convert, or demolish any building or structure deemed to be substandard under this Code, or cause or permit the same t:o be done, without first obtaining a separate building permit for each such building or struc- ture from the Code Enforcement Officer i.n the manner and according to .the applicable conditions prescribed in the Uniform Building Code.- Fee: .Sec.. H-302. Whenever a building permit is required by Section 301 of this Code, the appropriate fees shall be paid to the Code -6- __ _ _ _ i ,,,~ ,~ _ r -- - - ~-~- T „- `'I~ ~ 'T, ,' a Enforcement Officer as adopted by the City of Plainview and in effect at the time of the issuance of the Building Permit. Inspection: Sec. H-303. All buildings or ,structures within the'scope -of this Code and all construct.:ion or.work for which a permit is required shall be subject to inspection by the Code Enfgrcement Officer or his designated representative in accor- dance with and in the manner provided. by this Code and the Uniform Building Code. CHAPTER 4 - DEFINITIC)NS Sec: H-401. For the purpose of: this.Codle, certain abbreviations, terms, phrases, words, and their derivatives shall be construed as specified in the Uniform Building Code. EFFICIENCY LIVING UNIT. Efficiency living unit is any room having cooking facilities used for combined living, dining, and sleeping purposes and meeting the requirements of~ Section H-503 (b), Excep- tion. HEALTH OFFICER. Hea th Officer shall be the legally designated head of the Plainview-Hale County Health Department. HOT WATER. Fiot water shall b,e water at a temperature of not less .than 120° F. NUISANCE., The following shall be defined as nuisances: (a) Any public nuisance known at common law or in equity jurisprudence. (b) Any attractive nuisance which may prove detrimental to. children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basennents or excavations;. abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber,_trash, fences, debris or vegetation which may prove a hazard for inquisitive minors. (c) Whatever i.s dangerous to human life or is detrimental to health, as determined by the Health Officer. (d) Overcrowding a room .with occupants. {e). Insufficient ventilation or illumination. -?w ,- - r. , - ~~~ ~ ~ ~y~ , ~ .. (f) Inadequate or unsanitary sewage or plumbing facilities. (g) Uncleanliness, as determined k>y the Health Officer. (h) Whatever .renders air, food, or drink unwholesome or detrimental to the health of r~uman beings, as deter- .mined by the Health Officer. OCCUPIED SPACE.., The total area of all buildings or structures on any"lot or parcel of ground projected on a horizontal plan excluding permitted projections as allowed by this, Code. ROOMING HOUSE.. See Lodging House. (See the Uniform Building Code for definition.) UNIFORM BUILDING CODE shall mean .the Uniform Building Code in effect and adopted by the City of Plainview, Texas at the time of inspection of the premises. C~iAP'~ER 5 - SPACE AND OCCUPANCY STANDARDS Sec. H-501. Access to Public Property. All buildings .shall be located with respect to property Lines and to other buildings on the same property as required by the Uniform Building Code. Each dwelling unit and each guest room in a dwelling or a loding house hall have access to a passageway, not less than 3 feet in .width, leading to a public street or alley. Eaich apartment house or hotel shall have access to a public street by means of a passageway no less- than 5 feet in width. Sec. H-502. (a) Scope. This Section shall apply to yards and courts having required. windows opening therein. (b) Yards. Every yard shall be not less than 3 feet in width for. one-story and two story buildings. For buildings more than two stories`in height the minimum width of t:he yard shall be increased at the rate of l foot for each additional.story. Where yards com- ~pletely surround the building, the required width may be reduced by l foot. For buildings exceeding 14 stories in height, the required dimensions shall be computed on the basis of 14 stories. Adequate access shall be provided to they bottom of .all courts for cleani.n,g purposes. Every court more than two stories in height shall be provided with a horizontal air intake at the bottom not less than 10 square feet in area and lea.ding,to the exterior of the building unless abutting'a yard or public space. .The construction of the air intake shall be as required f`or the court walls of the -8- i building, but in no case shall be less than one-hour fire- resstive.. (d):. Projection into Yards. Projections into yards shall comply with the Uniform Building Code. Sec. H-502.. (a) Ceiling Heights. Habitable rooms, storage rooms and laundry rooms shall have a ceiling height of not less than 7 feet 6 inchesa Hallway , corridors, measured to the lowest-pro-- jecton from the ceiling. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the area thereof. No portion of the room measuring less than 5 feet from the 'finished floor to the finished ceiling shall be included in any. computation of the minimum area thereof. If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds the area thereof., but in no case shall the heights of the furred ceiling be less than 7 feet. (b) Superficial Floor Area. Every dwelling unit shall have at least one room which shall have not less, than 120 square feet of superficial floor area. Every room which is used for both cooking and living or both living and sleeping purposes shall have not less than 150 square feet of superficial floor area. Every room used for sleeping purposes shall. have not less than 90 square feet of superficial floor area. Where more than two persons occupy a room used for sleeping purposes the required superficial floor area shall be increased at a rate of 50 square feet: for each occupant in excess of two. EXCEPTION: Nothing in this Sectior.~ shall prohibit the use. of an efficiency living unit meeting the following requirements: l.~ The unit shal-l have a living room of not less than 220 square feet of superficial floor area.. An additional 100 . square .feet of superficial floor area shall be provided for each occupant of such unit in excess of two. 2. The unit. shall b:e provided witYi a separate closet. 3. The unit shall be provided witYi a kitchen sink, .cooking appliance and refrigeration facilities each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to this Code shall be _c~~ -,. r _ -, -- ,r- -. ,:_„ T iY - I I ~. ~ . 1 \ ~~ provided. 4. The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or. shower. (c),Width. No habitable room shall be less than 7 feet in any dimension and no water closet space less than 30 inches in width and'shall provide a clear space in front: of the water closet not less than 24 inches. Sect H-504. (a) Natural Light and Ventilation , All guest rooms, dormitories, and habitable-.rooms within a dwelling unit shall be provided with natural light by means of windows or skylights with an area of not less-than one=tenth of the floor area of such rooms witk~ a minimum of 12 square feet. All'bat:hrooms, water closet compartments, laundry rooms, and similar rooms shall be provided with natural ventilation by means of windows or skylights with an area of not less than one-tenth of the floor area of such rooms with a minimum of 3 square feet. Not''less than one-half, of the required window or skylight area shall be openable to provide natural ventilation. - (b)I,Origin of Light and Ventilation Fequired windows shall open dir~ctly onto a street or public alley car a yard or court located on the same lot as the building.. E~:CEPTION: Required windows :may open into a roofed porch where the porch: 1. Abuts astreet, yard, or court; and 2. Has a ceiling height of not less than 7 feet; and ' 3. Has the longer side at least 6~i percent ,open and unobstructed. A required window in a service room may open into a vent shaft which is open and unobstructed to the sky and not less than 4. feet in least dimension. No vent shaft shall extend through more than two stories. For ', the purpose of determining light and ventilation requirements, any '', room may be considered as a portion o.f an adjoining room when oneThal.f of the area of the common wall.is open and unobstructed and pro~ides an opening of not less than one-tenth of the floor area of -10- ~ `~ ~ ~ ~ ~ the interior roo:~ or 25 square-feet, whic:hever is greater, (e) M,ccha~:ical ventilation. In lieu of c>penable windows for natural ventilation, a mechanical ventilation system may be pravi'ded. ~~zch system shall be capable of providing two air changes pear hour in all guest rooms, dormitories, habitable 'rooms'.., and. in public corridors.., One-fifth of the air supply shall' be ta?~en from the outside. In batrirooms, .water ,closet compartments, laundry rooms, .and similar roams, a mechanical ventilation system connected directly to the outside, capable of providing five air changes per hour, =>hall be provided. (d) Hallways. All piabla;c hallways., stairs, and other- exit- ways',shali be adequately lighted at all times. in accordance: with the Uniform- Building Code. Sec. ',H-505. (a) Dwelling Units. Every dwelling .unit shall be provided with a water closet, a lavatory, and a bathtub or sower. . -- (b) Motels. 'fr~here private water closets,. lavatories, and baths _ .are x~ot provided,:;:there-shall be provided<on..each:-floor for each - sex ~t leash one water closet "and lavatox°y .and one ;bath:.accessikile fram'',a public ha:Llway. Additional water closets, lavatories, and -baths shall he provided on each .floor for each sex at the rate of one ~I,or every additional 10 guests,, or fa:actional,number thereof, in excess of l0. Such facilities shall be clearly marked for "I~ier~" Or r'~'1Gme22 i' . (c} Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen shall be provided witki a kitchen sink. No wooden sink''or sink of similarly absorbent material' sha11 bepermitted. (d) Fixtures. All .plumbing fixtures sha_Ll be connected to a sani- tary',sewer or to an approved private sewage disposal system.. All plumk?ing fixtures shall be connected to <~n approved system of .water supply and provided with. hot and. cold .running. water, except water closets shall be provided with cold wate~~- only. - `:.All plumbing .fixtures shall be of an approved glassed earthenware :.. type',or of a similarly nonabsorbent material. (e}.T~ater Closet:Compartrhents. Walls and floors of water closet. Compartments except.-in dwellings shall.b.e finished in accordance wa_th';the Uniform Building Code.. Water closet compartments in dwel]%.irfgs shall be finished with apprc~vec~ nonabsorbent materials.' -~ l~ . ~. ~. ~~ ~~ L~ l~ (f) Room Separations. Every water closet, bathtub, or shower required by this Code shall be installed in a room which will afford privacy to .the occupant. A room in which a water closet is located shall be separated from floor preparation or storage rooms kry a tight-fitting door. (g)'In~tallaton and Maintenance. A11 sanitary facilities shall be installed and maintained in safe and sanitary condition and in accordance with-all applicable laws. CHAPTER 6 - STRUCTURAL RE~!UIREMENTS Sec. H-601 (a) General.. Buildings or structures may be of any type of construction permitted by the .Uniform Building Code.- Roofs, floors, walls, foundations, a.nd all other structural components of buildings shall be capable of resisting any .and-all forces and loads to which they may be subjected. All structural elements shall be. proportioned and joined in accordance with the stress limitations and ',design criteria as specified in the appropriate sections of the Uniform Building Code. Buildings of every permitted type of con- struction shall comply with the applicable .requirements of the Uni- form Building Code. (b)',Shelter. Every building shall be weather protected so as to provide shelter for the occupants against the elements and to exclude dampness. (c)',Protection of Materials. All wood shall be protected against termite damage and decay as provided-in the Uniform Building Code. CHAPTER 7 - MECHANICAL RE~?UIREMENTS Sec. H-701. (a) Heating. Every dwelling unit and guest room shall be provided ~niith hearing facilities capable. of maintaining a room temperature of 70° F, at a point 3 feet above the floor in all habit- able rooms. Such facilities shall be installed and maintained in a safe condition-and in.accordance with ..the Uniform Building .Code. All heating devices or appliances shall be of an approved type. (b) Electrical Equipment. All electrical equipment,• wiring, and appliances shall be installed and maintained `in a safe manner in accordance with all applicable laws.- All electrical equipment shall be of an approved type... --- z _- i -- •~ ~ 1\ a I y7 ~~ y When there is electrical power available: within 300 feet of the premiss of any building, such building shall be connected to such electrical power. Every habitable room ..shall contain at leapt two supplied electric ,light fixtures. Every water closet .compartment, bathroom, laundry room, furnace room, and public hallway shall contain at-least one supplied electric Light fix- ture. (c)'~Ventilaton. Ventilation for rooms and-areas and for fuel- burx~ing appliances shall be provided as required in the Uniform Building Code, and in this Code.. Where mechanical ventilation is provided in lieu of.the natural ventilation required. by Sec- tion H-504 of this-Code, such mechanical ventilating system shall be Maintained in operation during the occupancy of any building or portion thereof. CHAPTER 8 - EXITS Seca, H-801. Every dwelling unit or guest room shall have access directly to the outside or to a public corridor. All buildings or portions thereof .shall be provided. with exits, exitways, and appur- tenances as required by the Uniform Building Code. Every sleeping room below the fourth floor shall have at least one window or exterior door approved for emergency exit. or rescue, Where windows are provided they shall have a sill height not more than 48 .inches above the floor. Windows with an area of not less than 5 square feet with no dimension less than 22 inches shall be deemed to meet the requirements of this Section provided sill heights are not 'over 48 inches above the floor. CHAPTER .9 - FIRE PROTECTION Sec, H-901. All buildings or portions thereof .shall be provided .with the 'degrees of fire-resistive construction as required by the Uniform Building Coder for the appropriate occupancy, type of construction, and, location on property or in fire zone; and shall be provided with the appropriate fire-extinguishing system or equipment required by the Uniform Building Code. CHAPTER 10 - SUBSTANDARD BUILDINGS ' Sec. H-1001. (a) General. Any building or portion thereof including any dwelyng-unit, guest room or suite of rooms, or the premises on which the same_is located, in which there exists any of the following listed conditions to the .extent such condition or conditions endanger .the life, limb, health., property, safety, or welfare of the public .or occupants thereof shall be deemed-and hereby is declared to be a sub- standard building: __ _ - i - ,. I ~ -13-- r -_ ~--- -T. , ~ ~ ,- ~- _ - __ ;'~ r, r ` ,~ (b}'Ina.dequate Sanitation, which shall include but not. be .limited to the following: 1. Lack of, or improper water closet, Lavatory,. bath tub or shower in a,dwelling unit. 2. Lack of, or improper water closets, lavatories.,.and bath tubs or showers per .number of guests in a. hotel. 3. Lack of, or improper kitchen sink. 4. .Lack of hot and cold running water to plumbing fixtures in a -hotel. 5. Lack of hot and cold running water to plumbing fixtures in a dwellingumit. 6. Lack of adequate heating facilities. 7. Lack, or improper operation of required ventilating equipment. 8. Lack of minimum amounts of natural light and ventilation required by this Cade. 9. Room and space dimensions less than required by this Code. ld. Lack of required electrical lighting. 11. Dampness-of habitable rooms. 12. Infestation of insects, vermin or rodents as determined by the Health Officer. 13, -General dilapidation ar improper maintenance. 14. Lack of connection to required sewage disposal system. 15. Lack of adequate garbage and rubbish storage and removal facilities as determined by the Health Officer... (c} Structural Hazards, which shall include but nat~be limited to the. following: 1. Deteriorated or inadequate foundations. 2. Defective or deteriorated..-flooring o;r floor supports. 3. Flooring or floor supports of insufficient size to carry imposed loads with safety. ~ - -14-- _ ~- 4. Meirtbers of walls, partitions, or otr~er vertical supports that split, lean, list, or buckle due to defective material or deterioration. 5. ',Members of walls, partitions, or other vertical supports that ,are of insufficient size to, carry imposed loads with safety. ~6. Members of ceilings, roofs, ceiling and roof supports, or ',other horizontal members which sag, split, or buckle due to defective material or deterioration. 7. ,Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. ~. Fireplaces or chimneys which list, bulge, or settle,-due to defective material or deterioration. 9. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads withi safety. (d) Nuisance. Any nuisance as defined i.n this Code. (e) Hazardous Wiring. All wiring, except that which conformed with.. a11'applicable laws in effect at the time of installation ,and which has been maintained in good condition and is being used. in a safe manner. (f) Hazardous Plumbing. All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good coedit;ion and which is free of cross connections and siphonage between fixtures,. and is being used... in a safe manner. (g} Hazardous Mechanical Equipment. All. mechanical equipment,. including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition, a.nd is being used in a safe manner. (h} Faulty Weather Protection, which shall include but not be limited to the following: l.. Deteriorated, crumbling or loose plaster. 2. Deteriorated or ineffective waterproofing of exterior walls,.roof, -15- --- T~ ~ ~ , --- - --. ~I `._,..~, ~ ~, ,.~~ foundations, or floors, .including broken windows or doors. 3. ,Defective or lack of weather protection for exterior wall ',covering, including lack of paint, c>r weathering due to lack ', of paint or other approved protective covering. 4. Broken, rotted, split, or buckled e~aerior-wall covering or 'roof coverings. (i)',Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the ',Chief of the Fire Department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. (j)°,Faulty Materials of. Construction. All materials of construction except those which are specifically allowed or approved by this Code and '', the Uniform Building .Code, and which have been adequately main- taimed in good ,and safe condition. (k)'Hazardous or Unsanitary Premises'. Those,premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garage, offal, rate harborages, stagnar,~t water, combustible materials, and ',similar. materials or condition constitute -fire, health, or safety hazards. (1)',Inadequate Maintenance. Any buildings or portion thereof which. is determined to be an unsafe building i.n accordance with the Uniform Building Code. (m)~,Inadequate Exits. All buildings or portion thereof not provided with adequate- exit facilities as required by this Code except those buiTdingsor portions thereof whose exit. facilities conformed-with a11'applicable laws at the time of their construction and which have been adequately maintained and increased. in: relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or ,improper location of exits, additional exits may be required to be installed. (n) Inadequate Fire-protection or Fire-Fighting Equipment. All buildings or portions thereof which are not provided with the fire- resstive construction or fire-extinguishing systems or equipment ...required by this Code,. except those buildings or- portions thereof which conformed with all applicable laws at the time of their con- _, _~ ~_ f ,- . T q `~~~ ~t~, struction and whose-fire-resistive integrity and fire-extinguish- ing''systems or equipment. have been adequately maintained-and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. (o)Improper Occupancy. All buildings c>r portions thereof occupied forlliv~ing, sleeping, cooking, or dining purposes which were. not designed or intended to be used for such occupancies. CHAPTER 11 NOTICES AND ORDERS OF THE CODE ENE'ORCEMENT OFFICER Sec. H-1101. (a),Commencement of Proceedings. Whenever the Code Enforcement Office has inspected or caused to be inspected any building and has found a.nd_determined that such building is a substandard building, he shall commence .proceedings to cause the repair,.rehabilitation, vacation, or demolition of the building. (b),Notice and. Order. The Code Enforcement Officer shall issue a notice and order directed to the record owner o€ the building. The notice and order shall contain:. l._ The street address and a legal description sufficient for iden- tification of the~premses upon which the building is located. 2. A statement that the Code Enforcement C)fficer has. found the building to be substandard with a.brief and concise description of the conditions found to render the building dangerous under the provisions. of Section H-202 of this Code. 3. A statement of the action required to be taken as. determined by the Code Enforcement Officer. (i) If the Code Enforcement Officer has determined that the building or structure. must be repaired, the order shall require that all required permits k~e secured therefor and the wor}~ physically commenced within such time (not to exceed 60 days from the date of the order) and com- pleted within such time as the Code Enforcement Officer shall determine is reasonable under all of the circum- stances. (ii) If the Code Enforcement Officer has determined that the -building or structure must be vacated, the order ,hall require that the building, or structure shall be vacated cai.thin a time certain from the date of the order as .determined by the Code Enforcement Officer to be .reasonable. ...} ~ . _ __ , f --T -_-- - ~, ~- -,~ ~~ IJ , . (iii) If the Code. Enforcement Officer has determined that the building or .structure must: be demolished, the order shall require that the building be vacated within, such .time as the Code Enforcement Officer shall determine reasonable (not to .exceed 60 days from the date of the order); that all required permits be secured therefor `within 60 days from the date of the order, and that the demolition be completed within such time as the Cade ..Enforcement Officer shall determine is reasonable. 4. Statements advising that if any requiired repair or demolition work {without vacation also being required) is not commenced. within the time specified, the Code Enforcement. Officer (i) will order the building vacated and- posted to prevent further occupancy until the work is completed and (ii) may proae:ed to cause the work to be done and charge the costs thereof against. the property or its owner. 5. Statements advising {i) that any person having any record; title or legal ,interest in the building ma.y appeal from the notice and order or .any action of the code enforcement officer to the Board of Minimum Housing Standards, provided the appeal is made in writing as provided in this. Code and. filed with the Code Enforce- merit Officer within thirty (30) days from the date of service of such notice and order, and (ii) that failure to appeal will con- stitute a wavier of all right to an administrative hearing and determination of the matter. (c) Service Hof Notice and Order. The, notice and order, and any amended. or supplemental notice and order, shall be served upon the record owner, and the following if known to the Code Enforcement Officer or disclosed from the official public records: the holder of any mortgage or deed of trust or other lien or encumbrance 'of record; the owner or holder of .any lease of record; and the holder of any other estate or legal interest of record in or to the. building or the land on which it is located. The failure of the Code Enforce- ment Officer. to serve any .person required herein to be served-shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this Section. (d) Method of Service. Service of the notice-and order shall be made upon all persons entitled thereto eitherpersonaily or by mailing a copy of such notice: and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it. appears on the last equalized assessment roll of the county or as known to the Code Enforcement Officer, then a copy of the notice and order shall be so mailed to such person, at the address of the building involved in the proceedings. The failure of any such person .to receive .- .:_ _- .~lg_ r"f~, ~ - `~J:~~' _ ;~~ such notice shall not affect the validity of any proceedings taken under this Section. Service by certified mail in the manner herein .provided shall be effective on the. date of mailing. - (e)'Praof of Service. Proof of ;service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by -the person effecting service, declaring the time, date, and mariner in which service was made. The .declaration, together with any receipt card returned in acknowledgment o.f receipt by certified mail shall be affixed to the copy of the notice and order retained by the Code Enforcement Officer, Sec. H-1102. (a)',Sta.ndards to be Followed. The following, standards shall be followed by the Code Enforcement Officer and by the Board of Minimum Housing Standards (if an :appeal is taken) in ordering the repair, vacation or demolition of any .substandard building or structure: 1. If any building declared a substandard building under this 'ordinance shall either be repaired i.n accordance with the (current Uniform Building Code and al,l applicable City Codes- 'or_shall be demolished at the option. of the building owner. 2. 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 of the occupants, it shall be ordered to be 'vacated. Sec. H-1103. (a)'Posting. Every notice to vacate shall, in addition to being. served as provided in Section H-1101(c), be posted at or upon each exit of the building,,-.and shall be in substantially the following form: "DO NOT El`1TER UNSAFE TO OCCUPY _ It is a misdemeanor to occupy this building.. or to remove or deface this notice. CODE ENFORCEMENT OFFICER. City of Plainview, Texas" (b) Compliance. Whenever such notice is posted,. the-Code Enforcement Officer shawl include a notification thereof in the notice and order issued by him under Subsection (b) of Section H-1101, reciting'the ~. ,_ T .--1 ~,ri ~ ,__.- ,-, _. T, .,~ _-, ,_ the emergency and specifying the eonditi.on which necessitate the posting. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed pursuant to the provisions of the Uniform Building Code. Any person violating this Subsection shall be guilty of a misdemeanor and~upon conviction thereof shall be punished by a fine of not more than $200.00. CHAPTER 12 - APPEAL. Sec. H-1201. (a),Form of A pp cal. Any person entitled. to service under Section H-1101 (c) may appeal from any notice and'. order of any action of the- Code Enforcement Officer under this Code by filing at the office of the Code Enforcement-Officer within 30 days from the date of the. service of such. order a written appeal e,ontaining: 1. A heading in the words: "Before the: Board of Minimum Housing Standards of the City of Plainview". 2: P; caption reading: "Appeal of ," giving the-names of all appellants participating in the appeal. 3. A brief statement setting forth the. legal interest of each of 'the appellants in the .building or. th.e. land involved in the notice and order. 4. 'A brief statement in ordinary and concise language-of that speci- e. fic order or action protested, together with any material facts claimed to support. the contentions of-the appellant. 5. A-brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed. the protested order or action should be reversed, modified or otherwise set aside. 6. The signatures of a].l parties named as appellants, and. their official mailing addresses. 7. The verification (by declaration under penalty or perjury) of at least one appellant as to the truth of the matters stated in the appeal. (b) Processing of Appeal. Upon receipt of `any appeal filed pursuant to this section, the Code Enforcement Officer shall present it at the .next regular or special meeting of the Board of Minimum Housing Stan- dards. -, ---,-- l i~ I I _~0~ ~,-1"~ - l ~~y Sec.... 1201 (c) Scheduling and Noticing Appeal for Hearing.. As soon as prarticable after receiving the written. appeal, the Board of Minimum Housing Standards shall-fix a date, .time, and place for the', hearing of the appeal by the Board. Such date shall not be less than ten (10) days nor more than sixty (60) days. from the date the appeal was filed with .the Board of Minimum Housing Standards. Written notice of .the time and place of the hearing shall be given at least ten (10) days prior to the d'atE: of the hearing to each appellant by the Secretary of the °Board either by causing a copy of such notice to be delivered to the appellant personally os by mail- ing'a copy thereof, postage prepaid, addressed to the appellant at his', address shown on the appeal. Sec. H-1202. Liailure of any person- to file an appeal in accordance with the provisions of"Sec. H-1101 and H-1201 shall constitute a waiver of his right to an administrative hearing and adjudication of the notice and order, or to any portion thereof, Sec, H-•1203. Only those matters or issl~es ,specifically raised by the'appelant shall be considered in the hearing of the appeal.. Sec: H--1204.. Except for vacation orders made pursuant to Section H-1102, enforcement.of any no ice and order of the Building Official issued under this Code, shall. be stayed during pender-cy of an appeal. therefrom which is properly and timely filed.. CFIAPTER_13 - PROCEDURES FOR CONDUCT OF HEARING APPEALS Sec. H-1301. (a) 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 Board. (b) Reporting. The proceedings at the Yearing shall also be reported by a phonographic reporter if requested by any party thereto. A.tran- script of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the Board,. but shall i.n no event be greater than the cost involved. (c) Corxtinuances. The Board may grant continuances for-good cause shown. _ (d) Oaths - Certification. In any proceedings under this Chapter, the Board, or any Board member .has the power to administer oaths and affirmations and to certify to official acts. -21- -- _. i ~ ~, . -- - ., __ - _ ~ r r ~ ~ -- - -- ~ _- ~~ ~ ~- ~ ,~ i ~~ ,~ E~ 1 ~_1~ (e) Reasonable Dispatch. The Board and its representatives shall .proceed with reasonable dispatch to conclude any matter before it. Due, regard shall be shown for the convenience and necessity of any parties or their representatives. Sect H--1302. The notice to appellant shall be .substantially in the'fo]_lowin.g form, but may include. other information: "You are hereby notified that a hearing-will be held before the .Board of Minimum Housing Standards. of the City of Plain- view, Texas, at on the. day of I9 ,. at he hour , upon the notice and order served upon you. You may be present at the hearing.- You may be, but need not be, represented by counsel... You may present any relevant 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.atten- dance of witnesses and .the production of books,, documents or other things by filing an affidavit therefore-with the- Board of Minimum Housing Standards.," Secy. H--1303. (a) Rules. Hearings need not be conducted according to the. technical rules relating to evidence and witnesses. (b)',Oral Evidence. Oral :evidence shall.be taken only on oath or affirmation. (c),Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direc;t evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jur:isdi.ction in this state. (d)IAdmssibilty of Evidence. Any relEwant evidence ,shall be admitted.. if it is the type of evidence on which z~esponsible persons .are accustomed to rely in the conduct of serious affairs, regardlessof the existence of any common law or statutory rule.. which might make improper the admission of such evidence over objection in civi]. actions in courts of competent jurisdiction in this. state. (e),Exr.Iusion of Evidence.. Irrelevant and unduly repetitious evidence shall be excluded. (f) Rights of Parties.. Each party shal]_ have these rights., among others: -;- _ ~, - ,~~~ ~~ 1'. To call and examine .witnesses on any matter relevant to the issues of the hearing. ' 2. To introduce .documentary and physical evidence. . 3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing. 4. '; To impeach. any witness regardless of` which party first called him 'to testifya 5. To rebut the evidence against him. 6. To represent himself or to be represented by anyone.of his. choice who is lawfully permitted .to do so. (f) Official Notice. 1. 'Wha.t may be noticed. In reaching a decision, official notice may 'be taken,. either before or after submission of the case for deci- sian, of any fact which may be judicially noticed by the courts of -this state--or of of.faial -records-o.f he.Board of Departments and ordinances of the city or rules and regulations of the Board. 2. -Parties to be notified. Parties present at the hearing shall be informed of the matters to be noticed and these matters shall be noted in the record, referred to therein, or appended thereto. 3. Opportunity to refute.. Parties present. at the hearing shall be given a reasonable opportunity, on request, to refute the offi- cially noticed matters by evidence oar by written or oral presen- tation of .authority, the manner of such refutation to be determined by the Board. 4. Inspection of the premises. -.The Board may inspect any building or premises ir~nolved in the appeal during the course of the hearing, provided that {i) notice of such inspection shall be given to the .parties before the inspection is made, (i.i) the parties are given an opportunity to be present during the inspection and (iii). the Board. shall state for the record upon completion of the inspection the material facts observed and the conclusions -drawn therefrom. Each party then shall have a right to .rebut or explain the matters so stated by the Board. Sec. H-1304. (a) Hearing before the Board Itself. Where a contested case is heard before. the Board itself, no member thereof who did not hear. the evidence or•has not read the entire record of the proceedings shall vote on or take part in the decision. - -~ _~- -- -- ~,. ___ ,_ ~~ ~~ ~ / 7' ~ \L I,, w (g),Form of decision. The decision shal_1 be in writing and shall. contain findings of fact,~a determination of the issues presented, and the requirements to be complied with. A copy of the decision-shall be delivered to tree appellant personally or sent to him by certified mail, postage prepaid, return receipt requested., (h)',Effective Date of decision. The effective date of the .decision shall be as stated therein. CHAPTER 14 - ENFORCEMENT OF THE ORDER OF THE CODE ENFORCEMENT OFFICER OR .THE BOARL7 OF MINIMUM HOUSIZ\fG STANDARDS Sec. H-1401.. (a) General.- After any order of the Code Enforcement Officer or-the Board of Minimum Housing Standards made pursuant to' this Code .shall become final, no person to whom any such order. is directed shall fail, neglect, or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor and upon convic ion thereof 'such person shall be punished by a fine-of natmore han $200.00. Sec; H-1401. (b) Failure to Obey Order. If, after any order of the Code Enforcement Officer or Board of Minimum Housing Standards made pursuant to this Code .has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the code Enforcement Officer may O cause such person to be prose-cuted under Subsection (a) of this Section or (ii) institute any appropriate action to abate. such building as a public nuisance. Sec, H-1401. {c) Failure to commence work. Whenever the required repair or demolition is not commenced within 30 days after any .final. notice and order issued under this .Code becomes effecitve: 1. The Code. Enforcement Officer shall cause the building described in such notice and order .to be vacated. by posting at each entrance thereto a notice reading: "SUBSTANDARD-BUILDING DO NOT OCCUPY It is a misdemeanor to occupy this .building or to remove or deface this notice. CODE ENFORCEMENT OFFICER CITY OF PLP_INVIEW, TEXAS" -- -- -24- _ ~~, ,--x~ --- ~-~;r; { ~ ; r.~ ~. ~ ~ t~y ~ , 2. 'No person. shall occupy any building which has been posted as specified in this Subsection. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the. Code Enforcement Officer have been completed pursuant to the provisions of the Uniform Building Code. Sec.. H-1402.. Upon receipt of an applicaaion from the person required to conform to the order and an agreement. by such person that he will comply with the order if allowed additional time, the Code Enforcement Officer may, in his discretion, grant an. extension of time, not to .exceed an additi-oval 120 days, within which to complete said repair, rehabilitation, or demolition, if the Code Enforcement Officer deter- mines that -such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Code Enforce- ment Officer's authority to extend time is limited to the physical. repair., rehabilitation or demolition of the premises and will not in any ',way affect or extend the time to appeal his notice and order.. Sec .j H-1403. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the.-City, or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under theprovsions of this Code, whenever such officer, employee,, contractor or authorized representative of the City, person having. an interest or estate in such building or structure, or purchaser is engaged in the wo-rk of repairing, vacs ing .and.reparing, or.demolishing any such building pursuant to the provisions of this.Code, or in performing any necessary act preliminary to or incidental to such work or authorized or d'~irected pursuant to .this Code. Sec.', H-1404. Any person who is aggrieved by the actions taken under the provisions of the ordinance after he has exhausted his administrative remedy as provided herein, may file suit in the District Court of Hale . County, Texas., in the nature of an .appeal from the action of the commis- sion) within 15 days, in which appeal questions presented to .the said District Court the .substantial evidence :rule shall prevail, except the quesltion of whether or not the premises is a nuisance, which said ques- tion~, of .whether or not a nuisance exists shall be tried by the District Count do novo. CHAPTER 15 PERFORMANCE OF DEMOLITION_OR OTHER .WORK Sec. H-1501. (a} Procedure. When any demolition or other work is to be done pursuant to Section H-1401(c) of this Code, the Code Enforce- ment,Officer shall cause the-work to be ~~ccomplished by City personnel or b~ private contract under the direction of the Code Enforcement Officer. Plans and specifications therefor may be prepared by the __ --- ~-- ~ ~~ T- - I~ II ~ - \d~ - '~..L - - Cod Enforcement Officer or fie may employ such architectural and engineering assistance .on a contract basis as he may deem reasonably : necessary. Sec's. H--1501 (b) Costs. The cost of such work shall be paid from the Specia]L Projects-Fund established for t~iat purpose, and such cost shad he made a special assessment against the property involved. Sec',. H--1502. Demolition Fund. (a)',General. The City Council shall establish a Special Projects Fund for the payments of abatement costs. Payments shall be made from said fund upon-the demand of the Code Enforcement Officer with thejapproval. of the Director. of Public Safety to defray the costs and',expenses which may be incurred by the City in doing or causing to be done the necessary demolition and related labors. (b)"!,Maintenance of Fund. The City Coun<:il-may at any time transfer. to this Special Projects Fund,-from any money in the General Fund of the~~Cty, such sums as it may deem necessary to expedite the perfor- maoe of the work of abatement. All proceeds received in payment .for forty expended from this Special Project=s Fund, as hereinafter provided ~, shall be paid to and deposited in the General Fund of the City. CHAPTER 16 . RECOVERY OF COST OF DEMOLITTON~OR OTHER WORK Account- of Expense, Filing of Statements Contents Sec's H--1601. The Code Enforcement Officer shall keep an itemized account of the expense incurred by the .City for demolition or removal of ~ny structure and the cleaning of the lot where the structure was looted, pursuant to the provisions of .Section H-1401 (c) of this Code, as amended. Upon completion of this abatement, the Code Enforcement Officer shall prepare a statement specifying the work done, the itei!nized and total cost of the work, a description of the real property upo~ which the structure was located, and the names and addresses of the persons entitled to notice pursuant to Section H-1104(c).of this Code, as amended. Repprt Transmitted-to Mayor Sec's H-1602. Upon.-completion of this statement it shall be sent to the Mayor for his signature thereon,. whereupon it shall then. be recorded with. the County Clerk as an assessment against and a-lien upon the pro- Per~Y - -- - - ...~ -- r _. - - ~~- ~ - --_ ,. '~~~V' - J~1. - - Lien of Assessment Sec; H-1603 (a) Priority. Immediately u~~on recordation, the amount assessed shall be payable and. the assessment shall be a lien against the ',parcel of ]_and where the work was performed and against any re= mairiing improvements thereon. The lien shall be subordinate only to tax;'lians and liens to secure the cost of street improvements after the~b have been. made (b)!,Interest. All such assessments remaining unpaid after 30 days. fro the date of recordation shall become delinquent and shall bear interest at therate of ten (10) percent. per annum from and after said date Collections of Assessment: Penalties for Foreclosure Sect H-160.4. For any such expenditures and interest, as aforesaid, suit ma.y be instituted and foreclosure had in the name of the City . of Plainview; and the statements so made, as aforesaid, or a certi- fie cagy thereof, shall be.prima facie proof. of the amount expended in ny such work. Repayment of Money Expend Sect H-1605. All money recovered by.payment of the charge or assess- ment, including any interest thereon,- or from the sale of the property . at foreclosure sale shall be paid to the City Treasurer who shall credit thelsame to the General Fund. CHAPTER 17 CODE ENFOCEMENT SEARCH WP.~RRANTS Sec! H-1701 i (a)',Definitions. MAG~STFtATE: Shall mean those individuals specified in Article 2.09 of the Texas Code of Criminal Procedure, except the Mayor of the.Ciay of Plainview, Texas. INSPECTOR: Shall mean any official inspector for any department .of the CitT Plainview, Texas, which is charged with code enforcement. SEA~tCH WARRANT: Shall mean a written oY~der, issued by the magistrate and!~directed to any inspector, as defined in this section, commanding himto any specified. premises to determine the presence of a violation- or iol.ations of any ordinance or ordina~n.ces of the City of Plainview, Tex~s. -27- -- . ~> as ~ ~ M`T'h J/ r~.~. .~. ~~ 4 (b)'Warrants Authorized. Except as provided herein, inspectors are hereby authorized and dixected to seek and obtain search warrants from the magistrate, as provided in this'. ordinance,, before making any inspection incidental tq the enforcement. of the provisions of any ordinance of the City of Plainview. The: magistrate is hereby authorized to issue such warrants subject to the requirements of this ordinance. (c)',Warrants Not Required. Search warrants shall not be required under the following circumstances: (1) when permission to inspect has been granted by someone apparently. having charge or control of those premises; for the purpose of this subsection, permission to inspect may be granted either verballyf in writing•or by some other action indicating consent; or (2) when there exists an imminent danger or peril to human life, limb or property and any delays resulting from the. application for a search warrant would materially increase likelihood of loss from such danger or peril, or (3) when, the inspection can be executed by a person who is- an invitee on premises held open to the general public,- for the purposes of this subsection a person ceases to be an invitee when he has been instructed to leave the premises or otherwise terminate his inspection .by someone. having charge or control of those premises. (d) Probable Cause. No search warrant shall be issued pursuant to this chapter except on the presentation of evidence of probable cause to believe that a violation or violations are present in the premises sought to be inspected. In determining probable cause, the magistrate is not limited to evidence of specific knowledge, but may consider any of the following.: (1) the age and general condition .of the premises; (2) previous violations or hazards found present in the premises; (3) the type of premises; (4) the purposes for which the premises are used; and (5) the presence of hazards or violations in the general condition`of premises near the premises sought to be inspected. _~~._ _ _ . -- -- ~~ ., ~~ ~ , 3~ a i),Affidavit Required. A sworn affidavit setting forth substantial. fa-ets owards establishing probable. cause shall be filed in every instance in which a search warrant is requested. ~-t)'Warrant Formalities: A search warrant issued pursuant to this ordinance shall be sufficient if it contains the following requisites: (l) that it run in the name of "Th,e State of Texas"; (2) that it identify, as near as may be, the premises to be inspected; (3) that it command an inspector to inspect forthwith- th~e premises described; and (4) that it be dated and signed by the magistrate. (k)~,Execution of Warrants. An inspector to whom a search warrant is delivered shall execute it without delay and .forthwith return it to the magistrate. It must be executed within three (3} days from the time of its issuance and,.shall be exeuct;ed within a shorter period if s-o directed in the warrant by the magistrate. The inspector shall, upon going to the place ordered to be. inspected, give notice of his purpose-to the person who .has charge of or is an occupant of-the place des~ribed in the warrant. If such persons cannot be found, .upon execu- tion of the search warrant, a copy of said warrant shall be affixed to the~lfront door of the building or premises inspected. In every instance, entry shall be effected using the minimum force necessary according to the'cirGUmstances. {1}!,Days Allowed for Warrant to Run. The time allowed for the execution of a search warrant shall be three (3) v,rhole days, exlusive of the day of its~',i.ssuance and of the day of`its execution.. The magistrate issuing a search warrant under .the provisions of i.his ordinance .shall endorse on such search warrant the date and hour o1E the issuance of the same.. (m)',Power.of Inspector Executing Warranit. In the execution of a search warrant, the inspector may call to 'his <~id any number of citizens in this city, who shall be bound to aid in the execution of the same. (n)INo Power to Seize Tangible Goads or Make Arrests. The execution of a s, arch warrant issued pursuant to this ordinance shall not include anylauthority to make. arrests or to seize tangible goods of a violation. (o)'~,How Return is Made. Upon returning the search warrant, the :inspector shalIll state on the back of .the same, or on some paper attached to it, the rnanlner in which it has been executed .and shall likewise deliver to the magistrate a copy of the report resulting-from that inspection. -__ -2~- T . r1 i- ~ - r --- , (p}',Records to be Kept. The magistrate shall keep a record of all proceedings had before him in the cases of search warrants as a part of the official records of his court. (q)',Con.flicts. Nothing in this ordinance shall be construed to con-. flirt with any state or federal law and shall be in addition. to any rigk~ts .granted thereby. Sec: H-1702. Any. person interfering with the execution of a lawful search warrant issued pursuant to this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not to Exceed two hundred dollars. ($200.00}, Each day such violation is committed or permitted. to continue shrall constitute a separate offense, and shall be punishable as such hereunder. SECTION .H°1801. All former ordinances or parts thereof conflict- inglor,inconsistant with the provisions of this amendment of the Housing Code hereby adopted are hereby repealed. SECTION H--1901. .Should any section,. paragraph,- sentence or clause ar word of this ordinance or of the Housing Code as amended hereby, be declared unsonstitutional or invalid for. any reason, the remainder of this ordinance and of the Housing .Code as amended hereby shall not be affected. SECTION H~2001. 'The City Secretary is hereby authorized and directed to cause the publication of thE: descriptive caption of this amendment together with the penalty proviso s of said nonce. This Ordnance shall become effective on the,day of U~~.(~ , 1983, after its passage-and publication as required by law. ~1 PASSED AND APPROVED ON FIRST READING THIS ~ DAY OF PASSED AND APPROVED ON SECOND READ]CNG THIS e¢~~ DAY, OF --~~.,k~1^t ~~r`c.,E,-, 19 8 3 ATTEST WALTER S. DODSON, CITY CLERK City of .Plainview, Texas -~0- City of Plainview, Texas.