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ORDINANCE NO. 19-3687
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, AMENDING
ARTICLE 3.09 ENTITLED "MINIMUM HOUSING/DANGEROUS
BUILDING CODE" REGARDING SUBSTANDARD STRUCTURES —
BUILDINGS DECLARING SUBSTANDARD BUILDINGS AND
STRUCTURES AS A PUBLIC NUISANCE; ADOPTING CHAPTER 214 OF
THE TEXAS LOCAL GOVERNMENT CODE; AMENDING THE
COMPOSITION AND DUTIES OF THE BOARD OF MINIMUM HOUSING
STANDARDS; PROVIDING FOR NOTICE TO PROPERTY OWNERS,
OCCUPANTS, MORTGAGEES, AND LIENHOLDERS OF SUBSTANDARD
BUILDINGS AND STRUCTURES; PROVIDING FOR A PUBLIC HEARING
ON THE SUBSTANDARD BUILDING OR STRUCTURE; PROVIDING FOR
THE ABATEMENT OF NUISANCES; PROVIDING AN APPEAL PROCESS;
PROVIDING FOR THE RECOVERY OF COSTS; PROVIDING A PENALTY
CLAUSE; PROVIDING FOR JUDICIAL REVIEW; REPEALING ALL
CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION OF THE CAPTION THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council for the City of Plainview, Texas pursuant to the constitution
and laws of the State of Texas including, but not limited to, Article 11, Section 5 of the Texas
Constitution as a home rule city, has the authority to set forth ordinances and regulations and
exercise its police powers for the public health, safety, morals, or general welfare of the citizens of
the City of Plainview; and
WHEREAS, Chapter 214 of the Texas Local Government Code authorizes the City Council
of the City of Plainview, Texas ("City Council"), by ordinance to require the vacation, relocation of
occupants, repair, removal, or demolition of a structure (or building) that is dilapidated, substandard,
or unfit for human habitation and a hazard to the public health, safety, and welfare; and
WHEREAS, Chapter 214 of the Texas Local Government Code also requires that the
ordinance provide for giving proper notice to the owner of a substandard structure including
providing for a public hearing to determine whether a structure complies with the standards set out
in the ordinance; and
WHEREAS, previously, the City Council of the City of Plainview established minimum
standards for the continued use and occupancy of all buildings regardless of the date of their
construction; adopted appropriate building, maintenance, fire and electric codes applicable to all
structures within the municipal limits of the City of Plainview as found in Article 3.09 of the Code
of Ordinances, City of Plainview, Texas; and
WHEREAS, in Article 3.09, the City Council established the Board of Minimum Housing
Standards comprised of citizens of the City of Plainview charged with enforcing the provisions of
Article 3.09; and
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WHEREAS, the City Council has determined that Article 3.09 of the Code of Ordinances,
City of Plainview, Texas should be amended and or replaced including the composition of the Board
of Minimum Housing Standards as well as outlining the procedures for enforcing Article 3.09; and
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WHEREAS, the City Council of the City of Plainview, finds the following amendment to
the Code of Ordinances, City of Plainview, Texas amending Article 3.09 thereof as outlined below
is reasonable and beneficial for the public health, safety and general welfare of the citizens of
Plainview and a proper exercise of its police power;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS, THAT:
SECTION 1. The recitals set forth above are hereby found to be true and correct and are
incorporated into the body of this Ordinance for all purposes as if fully set forth herein.
SECTION 2. Article 3.09, Division 1, Section 3.09.001(a) of the Code of Ordinances, City of
Plainview, Texas is amended by deleting said subsection in its entirety and replacing it with the
following:
113.09.001 Property maintenance code and Chapter 214 adopted
(a) The International Property Maintenance Code, as copyrighted in 2015, by
the International Code Council, Inc., as hereinafter amended, is specifically adopted
as the minimum housing/dangerous building code for the city, and a copy is
attached to Ordinance 04-03432 and incorporated herein by reference as though set
out completely in detail. Additionally, Chapter 214, Subchapter A, of the Texas
Local Government Code, as amended, is also adopted. This Article and Chapter
214 shall be read in conjunction with one another but if any provision of this
Article as outlined in Article 3.09 conflicts with Chapter 214, Subchapter A, the
provisions Chapter 214 shall control. Likewise, if any provision of Chapter 214,
Subchapter A has been omitted from this Article, the city shall be entitled to pursue
its remedies in conformity with state law, as amended."
SECTION 3. Article 3.09, Division 1, Section 3.09.002 of the Code of Ordinances, City of
Plainview, Texas is amended by changing the amendments to the following respective sections of
the Property Maintenance Code to read as follows:
"Sec. 3.09.002 Amendments to property maintenance code
110 3 Failure to comply. Add the following sections:
110.3.1. Cost. The cost of such work shall be paid for and made a
special assessment against the property as provided for the Article 3.09
of the City of Plainview's Code of Ordinances.
110.3.2. Administrative fee. In addition to collection of the costs and expenses
incurred by correcting the violations of the city code, upon abatement by the city,
the city may an administrative fee as outlined in the City of Plainview's Code of
Ordinances. The administrative fee will be charged per lot, tract, parcel of land,
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Ordinance No. 19-3687
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or across the adjacent sidewalk, parkway or alley, which is hereby found to be the
cost to the city of administering the terms of the provision. The fee can be
adjusted upon annual review to correspond to the actual cost of providing the
applicable services.
111.1 through 111.8. Delete sections 111.1 through 111.8 and replace with the
following:
111.1. Hearin. Any person directly affected by a decision of the code
official or a notice or order issued under this code shall have the right to
a hearing before the city minimum housing standards board. All
hearings before the board shall be open to the public.
111.2. Appeals to the decision of the board. Any owner, lienholder, or
mortgagee of record of property jointly or severally aggrieved by an
order of the board may appeal the decision in accordance with the
procedures outlined in Article 3.09 of the City of Plainview's Code of
Ordinances."
The remainder of Section 3.09.002 not specifically amended as outlined above remains in full force
and effect.
SECTION 4. Article 3.09, Division 1, Section 3.09.005 is hereby deleted in its entirety.
SECTION 5. Article 3.09, Division 2 of the City of Plainview's Code of Ordinances is amended
by deleting said division in its entirety and replacing it with the following:
"Division 2. Board of Minimum Housing Standards
3.09.031 Established; purpose; membership
In order to provide for final interpretation of the provisions of this code and to
hear appeals provided for hereunder, the board of minimum housing standards
will serve as the appeal board for minimum requirements of the minimum
housing/dangerous building code. There is hereby established a board of
minimum housing standards consisting of the city council.
3.09.032 Chairman; secretary; ex officio members
The board shall select a chairman, vice chairman and secretary of the board. The
chairman shall preside over meetings and shall have the same voting rights as
other members. One (1) member of the planning and zoning department of the
city, one (1) representative from the county health department, and one (1)
representative of the fire department of the city, shall serve as ex officio members
of the board, but such members shall not have any voting rights or privileges.
3.09.033 Meeting dates and times
Meetings of the board shall be held at the call of the chairman and at such times
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as the board may determine.
3.09.034 Notice of meetings
Each meeting of the board shall be legally posted as required by Tex. Gov't Code
6.0 §551.001 et seq., and the ex officio members and members of the board shall be
notified in writing not less than five (5) days prior to the date of any meeting.
3.09.035 Rules and regulations; appeal procedure
The board may adopt reasonable rules and regulations for conducting its business
and shall render all decisions and findings in writing to the appellant with a copy
to the code enforcement officer. Appeals to the board and alleged violations of
this Article shall be in writing. Copies of all rules and regulations adopted by the
board shall be delivered to the city secretary, who shall make them freely
accessible to the public.
3.09.036 Notice to Property Owners and Others of Public Hearing
(a) Whenever a violation of this Article has been determined and reported by
the building inspector or his/her designee, a public hearing shall be held by the
board to determine whether a building or structure complies with the standards
set out in this Article. A diligent effort shall be made by the city to determine all
owner(s), lien holder(s) and/or mortgagee(s). Once identified, a notice of the
hearing shall be sent to the occupant, if any, and all record owner(s), lien
7- holder(s) and/or mortgagee(s). Such notice shall be in writing and shall be served
by personal delivery or by certified mail return receipt requested. Additionally, a
copy of the notice shall be posted on the front door of each affected structure
situated on the property or as close to the front door as practicable. It is not
necessary that the notice to the occupant of the property list an occupant by
name. Service of the notice may be accomplished by the first-class U.S. mail or
by personal delivery to any occupant of the property who is above the age of
eighteen (18) years. The notice shall include:
(1) the names of all persons to whom the notice is being served,
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(2) the street address or legal description of the premises,
(3) the date of the inspection,
(4) the nature of the violation,
(5) the date, time and location of the public hearing, and
(6) a statement that the owner, lien holder, or mortgage will be required to
submit at the hearing proof of the scope of any work that may be
required to comply with this Article and the time it will take to
reasonably perform the work.
(b) If the city mails a notice in accordance with this Article to a property
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owner, lienholder, or mortgagee and the United States Postal Service returns the
notice as "refused" or "unclaimed," the validity of the notice is not affected, and
the notice is considered delivered.
(c) The city satisfies the requirements of this Article to make a diligent effort,
to use its best efforts, or to make a reasonable effort to determine the identity and
address of an owner, a lienholder, or a mortgagee if the city searches the following
records:
(1) Hale County real property records;
(2) Hale County Appraisal District records;
(3) Records of the Secretary of State;
(4) Assumed name records of Hale County;
(5) Tax records of the City of Plainview; and
(6) Utility records of any utility doing business in the City of Plainview.
3.09.037 Date of Public Hearing
The date of the public hearing before the board shall not be fewer than thirty (30)
days from the date of personal service or deposit of same in the U.S. Mail,
whichever is earliest.
3.09.038 Filing of Notice of Public Hearing in Public Records
(a) The city secretary shall file a notice of public hearing in the Hale County
real property records at least ten (10) days before the date of the public hearing.
The notice of public hearing shall contain:
(1) the name and address of the owner of the affected real property,, if that
information can be determined from a reasonable search of the instruments
on file with the County Clerk;
(2) a legal description of the property; and
(3) a description of the hearing.
3.09.039 Effect of Filing of Notice in Public Records
The filing of the notice of public hearing under section 3.09.038 of this Article
shall be binding upon subsequent grantees, lienholders, or other transferees of any
interest in the property who acquire such interest after the filing of the notice and
constitutes notice of the hearing on any subsequent recipient of any interest in the
property who acquires such interest after the filing of the notice.
3.09.040 Conduct of Public Hearing
The board shall conduct the public hearing to determine compliance with the
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standards set out in this Article. At the public hearing, the owner, lienholder or
mortgagee shall have the burden of proof to demonstrate the scope of any work
that may be required to comply with this Article and the time it will take to
�..., reasonably perform the work.
r... 3.09.041 Orders and Notice After Public Hearing
(a) If, after a public hearing, the board finds that a nuisance exists pursuant
to this Article, the board shall require the owner, lienholder, or mortgagee of
the real property, building, structure or premises to within thirty (30) days:
(1) secure the offending building or agricultural structure from
unauthorized entry; or
(2) abate the nuisance or repair, remove or demolish the building unless the
owner, mortgagee or lienholder establishes at the hearing that the work
cannot reasonably be performed within the thirty (30) days allowed. The
board 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.
(b) If, after the public hearing, a building, structure or premises is found to be in
violation of the standards set forth in this Article, the board may order that the
building, structure, or premises be vacated, secured, repaired, removed, or
.-- demolished by the owner within a reasonable time as provided by this section. The
board also may order that the occupants be relocated within a reasonable time, at
the cost of the owner. The board reserves the right to determine what is a reasonable
amount of time to perform the ordered work or a reasonable amount of time to
relocate occupants. In the event the owner fails to comply with the order within the
time provided for action by the owner, the board may order any of the mortgagees
or lienholders of the building, structure, or premises to be vacated, secured,
repaired, removed, or demolished to comply with the order within a reasonable time
as provided by this section. The board also may order that the occupants be
relocated within a reasonable time, at the cost of any of the mortgagees or
lienholders. Under this section, the city is not required to furnish any notice to a
mortgagee or lienholder other than a copy of the order in the event the owner fails
to timely take the ordered action.
(c) If the owner, lienholder or mortgagee establishes at the public hearing that
the work cannot be reasonably completed within ninety (90) days because of the
scope and complexity of the work, and if the owner, lienholder or mortgagee has
submitted at the hearing a detailed plan and time schedule, and the board allows
the owner, lienholder, or mortgagee more than ninety (90) days to complete any
part of the work required to abate the nuisance or repair, remove or demolish the
building or agricultural structure, the board shall require the owner, lienholder or
mortgagee to regularly submit progress reports to the board through the building
official to demonstrate compliance with time schedules for commencement and
performance of the work and may require appearance before the building official,
the board, or their designees, to demonstrate compliance. If the owner, lienholder,
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or mortgagee owns property, including structures or improvements on property,
within the city's boundaries that exceeds $100,000 in total value, the board may
require the owner, lienholder, or mortgagee to post a cash or surety bond in an
amount adequate to cover the cost of repairing, removing, or demolishing a
building under this subsection. In lieu of a bond, the board may require the owner,
lienholder, or mortgagee to provide a letter of credit from a financial institution or
a guaranty from a third party approved by the board. The bond must be posted, or
the letter of credit or third -party guaranty provided, not later than the 30`h day after
the date the city issues the order.
(d) Within ten (10) days after the date that the order is issued, the city secretary
shall:
(1) file a copy of the order in the city secretary's office; and
(2) publish in a newspaper of general circulation in the city a notice
containing:
(A) the street address or legal description of the property;
(B) the date of the hearing;
(C) brief statement indicating the results of the order; and
(D) instructions stating where a complete copy of the order may be
obtained.
(e) After the public hearing, the city secretary shall promptly mail by certified
mail with return receipt requested, deliver by the United States Postal Service using
signature confirmation service, or personally deliver a copy of the order to the
owner of the building and to any lienholder or mortgagee of the building. The city
shall use its best efforts to determine the identity and address of any owner,
lienholder, or mortgagee of the building, structure or premise.
(f) If the building, structure or premise is not vacated, secured, repaired,
removed, or demolished, or the occupants are not relocated within the allotted time,
the city may vacate, secure, remove, or demolish the building or relocate the
occupants at its own expense. This subsection does not limit the ability of the city
to collect on a bond or other financial guaranty that may be required by subsection
(c) of this Section.
3.09.042 Repair, Vacation or Demolition
(a) The following standards shall be followed by the board in ordering the
repair, vacation or demolition of any building, structure, or premise, and any
building, structure, or premise declared a nuisance under this Article shall be made
to comply with one or more of the following:
(b) The building, structure, or premise shall be repaired in accordance with the
current Building Code or other current codes applicable to the type of substandard
conditions requiring repair.
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(c) Repairs shall be deemed feasible only if less than fifty percent (50%) of the
building or agricultural structure must be repaired or replaced, and the repairs
amount to less than fifty percent (50%) of the building or agricultural structure's
value.
(d) If the building or agricultural structure is in such a condition as to make it
dangerous to the health, safety and welfare of the occupants, it shall be ordered
vacated and secured from unlawful entry.
(e) If the building or agricultural structure requires repairs over greater than
fifty percent (50%) of its surface or amounting to greater than fifty percent (50%)
of its value, it shall be demolished. Further, if a building or agricultural structure
cannot be repaired so that it will be brought into compliance with this Article, it
shall be demolished. Additionally, if the building or agricultural structure as it
stands presents an incurable fire hazard in violation of the terms of this Article or
any ordinance of the city or statute of the state, it shall be demolished. For the
purpose of this Article, the term "demolished" includes the cleaning and grading of
the property and the removal of all debris and trash.
(f) If the building or agricultural structure is not vacated, secured, repaired,
removed or demolished, or the occupants are not relocated within the allotted time,
the city may vacate, secure, remove or demolish the building or agricultural
structure or relocate the occupants at its own expense, and may thereafter assess
expenses, and establish a lien against the property, as set forth in section 3.09.048
of this Article.
(g) If, after the expiration of the time allotted under section 3.09.041 of this
Article, the owner, lienholder or mortgagee fails to comply, the city may do or
cause to be done the repairs necessary to bring the building into compliance with
this Article and only if the building is a residential building with ten (10) or fewer
dwelling units. The repairs may not improve the building to the extent that the
building exceeds the minimum standards, as defined by this Article, and expenses
may be assessed as provided in section 3.09.048 of this Article.
3.09.043 Designation of Enforcement Officer
The code enforcement officer, or his designated representative(s), are hereby
directed and authorized to administer and enforce the provisions of this Article.
Nothing contained herein is meant to limit discretion of any enforcement officer in
evaluating and directing compliance with this Article.
3.09.044 Enforcement Authority and Liability
The code enforcement officer, or his designated representative(s), acting in good
faith and without malice in the discharge of his duties, shall not thereby render
himself personally liable for any damage that may accrue to persons or property as
a result of any act or by reason of any act or omission in the discharge of his
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duties. Any suit brought against the code enforcement officer, or his designated
representative(s), because of such act or omission performed intheenforcement of
any provision of this Article, shall be defended by legal counsel provided by the
City of Plainview until final termination of such proceedings.
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3.09.045 Twenty -Four Hour Abatement Under Certain Circumstances
Nothing in this Article shall prohibit the requirement for abatement within
twenty-four (24) hours, or a period of time less than as prescribed herein for
public hearings, notice thereof, or the recovery of costs and establishment of liens,
when a nuisance has been declared an immediate threat to health and safety by
any enforcement personnel.
3.09.046 Remedies
(a) To enforce any requirement of this ordinance, any enforcement personnel
may gain compliance by any or all of the following:
(1) Taking such action as the code enforcement officer deems appropriate
within the authorization provided for in this Article or any other
ordinances of the city.
(2) Causing appropriate action to be instituted in a court of competent
jurisdiction.
(3) Ordering the abatement of the nuisance and assessing the costs of
abatement against the property if the owner of the property does not abate
same after the required notice.
(4) Any other remedies permitted or authorized at law or in equity.
3.09.047 Contracting for Abatement
Whenever the property owner, agent, or tenant fails to abate the nuisance within the
time allowed, the code enforcement officer is hereby authorized to contract with a
contractor to perform such work as may be required to abate the nuisance.
3.09.048 Recovery of Costs
(a) Whenever the city enters upon the premises and causes any work to be
performed to abate a nuisance, or if the building or agricultural structure is not
vacated, secured, repaired, removed, or demolished, or if the occupants are not
relocated within the allotted time, the city may take such action at its own expense,
and a charge will be made to the property owner, agent, or tenant to recover the
costs associated with the abatement. The charge shall be the actual cost of
abatement, plus applicable sales taxes.
(b) An administrative fee of $200.00 shall be assessed for each such charge.
(c) If the actual charge and the administrative fee are not paid to the city within
thirty (30) days after billing, the city shall file a lien against the property. Said lien
shall be filed in the Deed Records of Hale County, Texas. The charges shown on
the lien shall bear interest at the rate of eight percent (8%) per annum from the due
date until paid. The lien shall be collected under the same terms and provisions of
law as on city ad valorem taxes. The lien may be extinguished prior to foreclosure
if the owner or other person having an interest in the legal title to the property
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reimburses the city for its expenses. If the notice is given pursuant to section
3.09.041, and the opportunity to abate the nuisance or repair, remove, or demolish
the building or agricultural structure is afforded to each mortgagee or lienholder
under said section 3.09.041 of this Article, the lien is a privileged lien subordinate
only to tax liens as authorized by Texas Local Government Code § 214.001(o).
3.09.049 Penalty Clause
(a)
Any person violating or failing to comply with any provision, requirement
or order issued pursuant to this Article shall be deemed guilty of a misdemeanor
and, upon conviction, shall be fined as provided in section 1.01.009 of this code.
A separate offense shall be deemed committed upon each day during or on which a
violation or failure to comply occurs or continues to occur.
(b) In addition to any other remedies or penalties contained in this section, the
city may enforce the provisions of this Article pursuant to the applicable
provisions of Texas Local Government Code, Chapter 54, which chapter provides
for the enforcement of municipal ordinances.
(c) Allegation and evidence of a culpable mental state is not required for
the proof of an offense defined by this ordinance.
3.09.050 Judicial Review
(a) Any owner, lienholder, or mortgagee aggrieved by an order of the board
issued under this ordinance shall be entitled to appeal the decision to a Texas
district court pursuant to §214.0012 of the Texas Local Government Code, as
amended. A notice of appeal must be filed with the District Court within thirty (30)
calendar days from the date the order is personally delivered or mailed (in
accordance with §214.0012 of the Texas Local Government Code) to the owner(s),
lienholder(s), or mortgagee(s), as provided herein. Upon the expiration of the thirty
(30) calendar day period, the decision of the board shall be come final. If
applicable, the City of Plainview shall be entitled to an award of attorney's fees,
costs and expenses, and judgment therefore, pursuant to and as authorized by
§214.0012(h) of the Texas Local Government Code.
(b) Municipal Court Proceedings Not Affected
Action taken by the city pursuant to this ordinance shall not affect the ability of the
city to proceed under the jurisdiction of the city's municipal court.
SECTION 6. Penalty. Any person found in violation of any provision of this Ordinance shall be
shall be guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with the
general penalty provision found in Section 1.01.009 of the Code of Ordinances, City of Plainview,
Texas, in addition to or in conjunction with any other penalty provisions outlined in this Ordinance.
SECTION 7. Effective Date. This Ordinance shall take effect immediately from and after its final
passage and publication as may be required by governing law.
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104 SECTION 8. Repealed. All other terms androvisions of the Code
P of Ordinances, City of
Plainview, Texas, not in conflict herewith and not hereby amended shall remain in full force and
effect.
SECTION 9. Severability. Should any paragraph, section, sentence, phrase, clause or word of
this ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby and shall remain in full force and effect.
SECTION 10. Publication. The City Secretary of the City of Plainview is hereby authorized and
directed to cause publication of the descriptive caption of this Ordinance as an alternative method
provided by law.
Passed and approved on first reading this 26th day of February, 2019.
Passed and approved on second reading this 12th day of March, 2019.
Wendell Dunlap, Mayor
ATTEST:
—d—Belinda Hinojos ty Secretary
APPROVED AS TO CONTENT:
C ~�
Jeffrey n d r, -ti Manager
APPROVED AS TO FORM:
Mat ew L. Wade, City Attorney
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