HomeMy WebLinkAbout85-2591 ord (2)w t
~" ORDINANCE NO. 85-2591
DANGEROUS BUILDINGS CODE
An Ordinance providing a Minimum Standard of Building Construction
for existing Commercial and Industrial Buildings and a minimum
standard of Construction for existing non-Residential Buildings
within the City of Plainview, Texas; Declaring its Purpose; The
Method of Enforcement; Providing for Definitions; Providing for
Structural Standards; Space and Occupancy Standards, Proper Exits,
Fire Standards, Delapidation or Obsolescence, Deteriorations or
Damage to Existing Structures and Buildings; Defining Dangerous
Buildings; Providing for the Duties of the Code Enforcement Officer
with the City of PlainvieG~, Texas; .Providing for the Board of
Minimum Housing Standards to Constitute the Board of Appeals for
this Code; .Providing for the Board of Minimum Housing Standards to
determine Minimum Standards for Dangerous Buildings within the City
of Plainview, Texas; Providing for performance of demolition and
other work by the City of Plainview,.Texas; Providing for the
Recovery of Costs of Demolition and other work; Providing for
Ac~hninistrative rer~diesfor Enforcement of Minimum `requirements;
providing for Final Appeal to the District.Court of ,Hale County,
Texas.; Providing for Code Enforcement Search Warrants; Providing
for a Penalty; Providing a severability Clause; Providing an
Effective Date of this Ordinance; Repealing Ordinance No. 71-1159
and all former Dangerous Buildings Codes conflicting with the
provisions of this ordinance.
SECTION 1: The City .Council of the City of Plainview, Texas has
determined that there is a need for a Dangerous Buildings Code
in the City of Plainview to promote the health, safety and welfare
of its inhabitants;
SEC'T'ION 2: The City Council has determined that the 1982 edition
of the Uniform Code for the ABATEI~7T OF DANGEROUS BUILDINGS as
copyrighted in 1982 by the International Conference of Building
Officials, Whittier, California, with amendments to conform the
same to the specific needs of Plainview, Texas should be adopted
as the Dangerous Building Code for the City of Plainview, Texas;
SECTION 3: ~'he City Council of the City of Plainview, Texas has
determined that it would be in the best interest of the public
safety and welfare that the Board of Minimum Housing Standards
provide for the final interpretation of the provisions
,of this Code;
SECTION 4: The City Council has determined that provisions should
be made for the performance of demolition and other work for the
enforcement of Dangerous Buildings Code Minimum requirements
and provisions should be made for the recovery of costs incurred
in the enforcement of such mininnam Dangerous Buildings Standards;
SECTION 5: The City Council desires to authorize the use of search
warrants incidental to the enforcement of this Code;
NOW, THE~2EFORE, Be It Ordained by the City Council of the City of
Plainview, Texas:
Chapter 1
TITLE AND SCOPE
Sec.. 101. These regulations shall be known as the "Dangerous Buildings
Gode," may be cited as such, and will be referred to herein as "this
code."
Sec. 102 (a) .Purpose. It is the purpose of this code to provide a
just, equitable and practicable method,. to be cumulative with and in
addition to, any other remedy provided by the Building Code, Housing
Code or otherwise available at law, whereby buildings or structures
which from any cause endanger the life, limb, health, morals,~property,
safety or welfare of the general public or their occupants may be
required to be repaired, vacated or demolished.
(b) Scope. The provisions of this code shall apply to all dangerous
buildings, as herein defined, which are now in existence or which may
hereafter become dangerous in this jurisdiction.
(c) The Uniform. Code for the ABATEL"~]T OF DANGEROUS BUILDINGS by the
International Conference of Building Officials, Whittier, California
with amendments conform same to the specific needs of the City of
Plainview, Texas, is hereby adopted as the minimum requirements for the
protection of life, lamb, health, property, safety and welfare of the
general. public and the owners and occupants of Dangerous Buildings
located within the City limits of Plainview, Texas
Sec. 103. 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
Non-Residential purposes. 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 general public
and the owners and occupants of the building, and further provided that
such structures are not found to be Dangerous Buildings as defined iri
this Code.
Sec. 104. 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 iri accordance with the Uniform Building Code
currently in effect and adopted by the City of Plainview at the time of
the initial inspection by the Code Enforcement Officer.
Sec. 105 Relocation. Existing buildings which are moved or relocated
shall be considered as new construction and shall comply with all the
requirements of this Code and the Uniform Building Code adopted at the
time of the initial inspection.
Chapter 2
ENFORCEA'lIIv7'.P
General
Sec. 201. (a) Authority. The Code Enforcement Officer is hereby
authorized to enforce the provisions of this code.
(b) Inspections. The Health Officer, the Fire l~larshal and the Code
Enforcement Officer are hereby authorized to make such inspections and
take such actions as may be required to enforce the provisions of this
code.
(c) 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
any condition or code violation which makes such building or premises
unsafe, dangerous or hazardous, the Code Enforcement Officer or his
authorized .representative may enter such building or premises at alI
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 proper
credentials and request 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 request entry. If such entry is refused., the Code Enforcement
Officer or his authorized representative shall have recourse to every
remedy provided by law to secure entry.
When the Code Enforcement Officer or his authorized representative
shall have first obtained a proper inspection warrant or other remedy
provided by law to secure entry, no owner or occupant or any other
persons having charge, care of control of any building or premises shall
fail or neglect, after proper request is made as herein provided, to
promptly permit entry there by or his authorized representative for the
purpose of inspection and examination pursuant to this code.
"Authorized representative" shall include the officers named in
Section 201 (b) and their authorized inspection personnel.
.Abatement of Dangerous Buildings
Sec. 202. (a) Responsibilities Defined. Every oumer remains liable
for violations of duties imposed upon him by this Code even though the
owner has, by agreen~nt, imposed on the occupant the duty of furnishing
required equipment or of complying with this Code. Every owner, or his
agent, in .addition to 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 in a clean,
sanitary, and safe condition including the shared or public areas in a
building..
(b) 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 responsibility of
the occupant by law or ruling.
(c) Every occupant of a Building, in addition to being responsible for
keeping in a clean, sanitary, and safe condition that part of the
building or premises which he occupies and controls, shall dispose of
all his rubbish, garbage, and other organic waste in a manner required
by the Health Ordinance and approved by the Health Officer.
(d) Every occupant shall, where required by this Code, the Health
Ordinance or the Health Officer, furnish and maintain approved devices,
equipment or facilities necessary to keep his premises safe and
sanitary.
Sec.203. A11 buildings or portions thereof which are determined after
inspection by the Code Enforcement Officer to be dangerous as defined in
this code are hereby declared to be public nuisances and shall be abated
by repair, rehabilitation, demolition or removal in accordance with the
procedure specified in Section 401 of this code.
Sec. 204. It shall be unlawful for any person, firm or corporation to
erect, construct, enlarge, alter, repair, move, improve, remove, convert
or demolish, equip, use, occupy or maintain any building or structure or
cause or permit the same to be done in violation of this code. Any
person violating the provisions of this Section shall be guilty of a
misdemeanor for each day such violation continues.
Sec. 205. ~3o person, firm, or corporation shall erect, construct,
enlarge, alter , repair, move, improve, remove, convert or demolish any
building or structure deemed to be dangerous under this Code, or cause
or permit the same to be done, without first obtaining a separate
building permit for each such building or structure from the Code
Enforcement Office in the manner and according to the applicable
conditions prescribed zn the Uniform Building Code adopted by Municipal
goverrunent.
Sec. 206, Whenever a building permit is required by Section 205 of
this Code, the appropriate fees shall be paid t® the Code Enforcement
Office as adopted by the City of Plainview and in effect at the time of
the issuance of the Building Permit.
Sec. 207, All buildings or structures within the scope of this code
and all construction or work for which a permit is required shall be
subject to inspection by the Code .Enforcement Officer in accordance with
and in the manner provided by this code and Sections 304, 305 and 306 of
the Uniform Building Code, as amended.
Sec. 208. In order to provide for final interpretation of the
provisions of this code and to hear appeals provided for hereunder,
the Board of Mi.nim~ Housing Standards shall serve to make final
interpretation of this Code. The Code Enforcement Officer shall be an
ex officio member of and shall act as secretary to said Board. The
Board shall 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 shall be processed in accordance with the
provisions contained in Section 50i of this code. Copies of all rules
or regulations adopted by the board shall be delivered to the Code
Enforoement Officer, who shall make them freely accessible to the
public.
Chapter 3 - DEFINITIONS
Sec. 301. For the purpose of this Code, certain terms, phrases, words
and their derivatives shall be construed as specified in either this
chapter or as specified in the Building Code or the Housing Code. Where
terms are not defined, they shall have their ordinary accepted meanings
within the context with which they are used. Words used in the singular
include the plural and the plural the singular. Words used in the
masculine gender include the feminine and the fPm;n;ne the masculine.
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.
DANGEROUS BUILDING shall mean any building or structure deemed to be
dangerous under the provisions of Section 302 of this Code.
HOUSING CODE shall mean the M;nimurn Housing Standards Code in effect
and adopted by the City of Plainview, Texas at the time of inspection of
the premises.
HEALTH OFFICER shall be the legally designated head of the Plainview-
Hale County Health Department.
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,
basements 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 is dangerous to human life or is detrimental to health,
as determined by the Health Officer.
d) O~rercrowding a room with occupants.
e) Insufficient ventilation or illumination.
f) Inadequate or unsanitary sewage or plumbing facilities.
g) Uncleanliness, as determined by the Health Officer.
h) Whatever renders air, food, or drink unwholesome or detrimental
to the health of human beings, as determined 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.
DANGEROUS BUILDING
Sec. 302. for the purposes of this Code, any building or structure
which has any or all of the conditions or defects hereinafter described
shall be deemed. to be a dangerous building, provided that such
conditions or defects exist to the extent that the life, health,
property or safety of the public or its occupants are endangered:
1. Whenever any door, aisle, passageway, stairway or other means of
exit is not of sufficient width or size or is not so arranged as to
provide safe and adequate means of exit in case of fire or panic.
2. Whenever the walking surface of any aisle, passageway, stairway or
other means of exit is so worn, loose, torn or otherwise unsafe as to
not provide safe and adequate means of exit in case of fire or panic.
3. Whenever the stress in any materials, member or portion thereof,
due to all dead and live loads, is nx~re than one and one half times the
working stress or stresses allowed in the Building Code for new
buildings of solar structure, purpose or location.
4. Whenever any portion thereof has been damaged by fire, earthquake,
wind, flood or by any other cause, to such an extent that the structural
strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the Building
Code for new buildings of similar stnzcture, purpose or location.
5. Whenever any portion or member or appurtenance thereof is likely
to fail, or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
6. Whenever any portion of a building,, or any member, appurtenance or
ornameaatation on the exterior thereof is not of sufficient strength or
stability, or is not so anchored, attached or fastened in place so as to
be capable of resisting a wind pressure of one half of that specified in
the Building Code for such buildings.
7. Whenever any portion of the Building or structure or any portion
thereof has cracked, warped, buckled or settled to such an extent that
walls or other structural portions have materially less resistance to
winds or earthquakes than is required in the case of similar new
construction.
8. Whenever the building or structure, or any portion thereof,
because of (i) dilapidation, deterioration or decay; (ii) faulty
construction; (iii) the removal, movement or instability of any .portion
of the ground necessary for the purpose of supporting such building;
(iv) the deterioration, decay or inadequacy of its foundation; or (v)
any other cause, is likely to partially or completely collapse.
9. Whenever, for any reason, the building or structure., or any
portion thereof, is manifestly unsafe for the purpose for which it is
being used.
10. Whenever the exterior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity does not fall inside the middle or one-third of
the base.
11. Whenever the building or structure, exclusive of the foundation,
shows 33 percent or mare damage or deterioration of its supporting
member or members, or 50 percent damage or deterioration of its
nonsupporting members, enclosing or outside walls or coverings.
12. Whenever the building or structure has been so damaged by fire,
wind, earthquake or flood, or by any other cause; or has become so
dilapidated or deteriorated as to become (i) an attractive nuisance to
children; (ii) a harbor for vagrants, criminals or immoral persons; or
as to (iii) enable persons to resort thereto for the purpose of
committing unlawful or immoral acts.
13. Whenever any building or structure has been constructed, exists or
is maintained in violation of any specific requirement or prohibition
applicable to such building or structure provided by the building
regulations of this city, as specified in the Building Code or Minimum
Housing Code, or of any law or"ordinance of this state or city relating
to the condition, location or structure of buildings.
14. Whenever any building or structure which, whether or not erected i.ri
accordance with all applicable laws and ordinances, has in any
nonsupporting part, member or portion less than 50 percent, or in any
supporting part, member or portion less then 66 percent of the (i)
strength, (ii) fire-resisting qualities or characteristics, or (iii)
weather-resisting qualities or characteristics required by law in the
case of a newly constructed building of like area, height and occupancy
in the same location.
15. Whenever a building or structure, or portions thereof used or
intended to be used for dwelling purposes, because of inadequate
maintenance, delapidation, decay, damage, faulty construction or
arrangement, inadequate light, air or sanitation facilities, or
otherwise, is determined by the health officer to be unsanitary, unfit
for human habitation or in such a condition that is likely to cause
sickness or disease.
16. Whenever any building or structure, because of obsolescence,
dilapidated condition, deterioration, damage, inadequate exits, lack of
sufficient fire resistive construction, faulty electric wiring, gas
connections or heating apparatus, or other cause, is determined by the
Fire Marshal to be a fire hazard.
17. Whenever any building or structure is in such a condition as to
constitute a public nuisance known to the common law or in equity
jurisprudence.
18. Whenever any portion of a building or structure remains on a site
after the demolition or destruction of the building or structure or
whenever any building or structure is abandoned for a period in excess
of six months so as to constitute such building or portion thereof an
attractive nuisance or hazard to the public.
Chapter 4
NOTICES AND ORDERS OF CODE EIVFORCE@~1'r OFFICER
Sec. 401. (a) Commencement of Proceedings. Whenever the Code
Enforcement Officer has inspected or causedto be inspected any building
has found and determined that such building is a dangerous 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 of the building. The
notice and order shall contain:
1. The street address and a legal description sufficient for
identificatian of the premises upon which the building is located.
2. A statement that the Code Enforcement Officer has found the
building to be dangerous with a brief and concise. description of the
conditions found to render the building dangerous under the provisions
of Section 302 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 be secured therefor and the work commenced
within such time (nat to exceed 60 days from the date of the
order) and completed within such time as the Code Enforcement
Officer shall determine is reasonable under all of circtnnstances.
(ii) If the Code Enforcement Officer has determined that the building
or structure must be vacated, the order shall require that the
building or structure shall be vacated within a time certain free
the date of the. order as determined by the Code Enforcement
Officer to be reasonable.
(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 Ccde enforcement
officer shall determine is 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 Code Enforcement
Officer shall determine is reasonable.
4. Statements advising that if any required 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 proceed 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 may 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 Enforcement Officer within 30 days
from the date of service of such notice and order; and (ii) that failure
to appeal will constitute a waiver of all right to an administrative
hearing and determination of the matter.
(c) Service of Notice and Order. The notice and order, and any amended
or supplemental notice and order, shall be served upon the record owner
and one copy thereof shall be served on each of the following if known
to the Code Enforcement Officer or disclosed from official public
records: the holder of any mortgage or deed of trust or other lien or
enc~unbrance 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 of the land on which it is located. The failure of the Code
Enforcement 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 froze. 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 either personally or by mailing a copy
of such notice anal -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. If no address of any such person so appears or is
known to the Code Enforcement Officer, then a copy of the notice and
order shall be so mailed, addressed to such person, at the address of
the building involved in the proceedings. The failure of any such
person to receive 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) Proof of Service. Proof of service of the notice and order shall
be certified to at the time of se~ice by a written declaration under
penalty of perjury executed by the persons effecting service, declaring
-the time, date, and manner in which service was made. The declaration,
together with any receipt card returned in acknowledgment of receipt by
certified mail shall be affixed to the copy of the notice and order
retained by the Code Enforcement Officer.
Sec. 402. (a) Standards to be Followed. The following standards shall
be followed by the Code Enforcement Officer (and by the Minimum Housing
Standards Board if an appeal is taken) in .ordering the repair, vacation
or demolition of any dangerous building or structure:
1. Any building declared a dangerous building under this ordinance
and all applicable City Codes either shall be repaired in accordance
with the current Uniform Building Code 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 its occupants, it shall be ordered to be vacated.
Seca 403. (a) Posting. Every notice. to vacate shall, in addition to
being served as provided in Section 401 (c), be posted at or upon each
exit of the building and shall be in substantially the fallowing form:
DO NOT ENTER
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 shall include a notification thereof in the notice and order
.issued by him under Subsection (b) of Section 401, reciting the
emergency and specifying the conditions which necessitate the posting.
No person shall remain in or enter any building which has been so
posted, except that entry may be made to repair,. demolish or remove such
building under permit. No person shall remove or deface any such notice
after it is posted until the required. repairs, demolition or removal
have been completed and a Certificate of Occupancy issued 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 punishable by a fine of not more than $1,000.00. Each and
every day a violation is a separate offense.
Chapter 5 - APPEAL
Sec.501.(a) Form of Appeal. Any person entitled to service under
Section 401 (c) may appeal from any notice and order or 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 containing;
1. A heading in the wards: "Before the Board of Minimum Housing
Standards of the City of Plainview"
2. A 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 the land involved in the notice and order.
4. A brief statement in ordinary and concise language of the specific
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 all 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.
The appeal shall be filed within 30 days from the date of the service
of such order or action of the Code .Enforcement Officer; provided,
however, that 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 adjacent property and is ordered vacated and is posted in
accordance with Section 404, such appeal shall be filed within 30 days
from the date of the service of the notice and order of the Code
Enforcement Officer.
(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 Minimum Housing Standards Board.
(c) Scheduling and Noticing Appeal for Hearing. As soon as
practicable after receiving the written appeal, the Minim~un Housing
Standards Board shall fix a date, time and place for the hearing of the
appeal by the. board. Such date shall be not less than 10 days nor more
than 60 days from the date the appeal was filed with the Code
Enforcement Officer. Written notice of the time and place of the
hearing shall be given at least 10 days prior to the date 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 or by mailing
copy thereof,. postage prepaid, addressed to the appellant at his address
shown on the appeal.
Sec. 502. Failure of any person to file an appeal in accordance with
the provisions of Section 501 shall constitute a waiver of his right to
an administrative hearing and adjudication of the notice and order of
any portion thereof.
Sec. 503. Only those matters or issues specifically raised by the
appellant shall be considered in the hearing of the appeal.
Sec. 504. Except for vacation orders made pursuant to Section 403,
enforcement of any notice and order of the Code Enforcement Officer
issued under this Code shall be stayed during the pendency of an appeal
therefrom which is properly and timely filed.
Chapter 6
PROCIDURE FOR CONDUCT
OF HE~NG APPEALS
Sec. 601. (a) A record of the entire proceedings shall be made by
tape recording or by any other mans of permanent recording determined
to be appropriate by the board.
(b) The proceedings at the hearing shall also be reported by a
phonographic reporter if requested by any party thereto. A transcript
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 in no event be greater than the cost
involved.
(c) The board may grant continuances for-good cause shown.
(d) In any proceedings under this chapter, the board, any board
member has the paver to adc:~inister oaths and affirmations and to certify
to official acts.
(e) 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.
Sec. 602. The notice to appellant shall be substantially in the
following form, but may include other information:
11You are hereby .notified that a hearing will be held before (the Board
of Nain.imum Housing Standards) at ......... on the .... day of
........., 19..., at the 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 yau. You may request the issuance of subpoenas to compel the
attendance of witnesses and the production of books, documents or other
things by filing an affidavit therefor with (Board of Minimum. Housing
Standards) "
Sec. 603. (a) Filing of Affidavit The board may obtain the issuance and
service of a subpoena for the attendance of witnesses or the production
of other evidence at a hearing upon the request of a member of the board
or upon the written demand of any party. The issuance and service of
such subpoena. shall be obtained upon the filing of an affidavit therefor
which states the name and address of the proposed witness; specifies the
exact things sought to be produced and the materiality thereof in detail
to the issues involved; and states that the witness has the desired
things in his possession or under his control. A subpoena need not be
issued when the affidavit is defective in any particular.
(b) Penalties. Any person who refuses without lawful excuse to
attend any hearing or to produce material evidence in his possession or
under his control as required by any subpoena served upon such person as
provided f®r herein shall be guilty of a misdemeanor.
Sec. 604. (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 to the purpose of
supplementing or explaining any direct .evidence, but shall not be
sufficient iri itself to support a finding unless it would be admissible
over objection in civil actions in courts of competent jurisdiction in
this sta-te.
(d) Admissibility of Evidence. Any relevant evidence shall be
ac~nitted if it is the type of evidence on which responsible persons are
accustomed to rely in-the conduct of serious affairs, regardless of the
existence of any conanon law or statutory rule which might make improper
the admission of such evidence over objection in civil actions in courts
of competent jurisdiction in this state.
(e) Exclusion of Evidence. Irrelevant and unduly repetitious evidence
shall be excluded.
(f) Rights of Parties. Each party shall 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 testify;
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.
(g) Official Notice. 1. 6~Jhat may be noticed. In reaching a decision,
official notice may be taken, either before or after submission of the
case for decision, of any fact which may be judicially noticed by the
courts of this state or of official records of the board or depar-[anents
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 officially
noticed matters by evidence or by written or oral presentation of
authority, the manner of such refutation to be determined by the Board.
4. Inspection of the premises. The board or the hearing examiner may
inspect any building or premises involved 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, (ii) the parties
are given an opportunity -to be present during the inspection, and {'.iii)
the board or the hearing examiner 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 or hearing examiner.
Sec. 605. (a)Hearing Before 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.
(b) Form of Decision. The decision shall 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 the appellant personally or sent to him by certified mail,
postage prepaid, return receipt requested.
(c) Effective Date of Decision. The effective date of the decision
shall be as stated therein.
Chapter 7
ENFORCEN.~IT OF THE ORDER
OF THE CODE ENFORCEN~7T OFFICER
OR THE BOARD OF MINIl~lUM HOUSING STANDARDS
Sec. 701. (a) General. After any order of the Code Enforcement Officer
or the Mini:rnun Housing Standards Board made pursuant to this Code shall
have become final, no person to wham 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
conviction thereof such person shall be punishable by a fine of not more
than $1,000.00. Each day such failure occurs shall constitute a
separate offense.
(b) Failure to Obey Order. If, after any order of the Code
Enforcement Officer or ~;nimum Housing Standards Board 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 cause (i) such person to be prosecuted under Subsection (a)
of this section or (ia_) institute any appropriate action to abate such
building as a public nuisance.
(c) Failure to Commexice Work. Whenever the required repair or
demolition is not commenced within 30 days after any final notice and
order issued under this Code becomes effective:
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 readngo
DANGEROUS BUILDING
DO NOT OCCUPY
It is a misden~anor to occupy .this building,
or to remove or deface this notice.
Code Enforcement Officer
City of Plainview, Texas
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 and a Certificate of
Occupancy issued pursuant to the provisions of the Uniform Building
Code.
Sec. 702. Upon receipt of an application frc~n 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
additional 120 days, .within which to complete said repair,
rehabilitation or demolition,. if the Code Enforcement Officer determines
that such an extension of time will not create or perpetuate a situation
imminently dangerous to life or property. The Code Enforcement Officer
authority to extend time is limited to the physical repair,
rehabilitation or demolition of the premises and will not in any way
affect the time to appeal his notice and order.
Sec.703. No person shall obstruct impede or interfere with any
officer, employee, contractor or authorized representative of this
jurisdiction or with any person who owns or holds any estate or interest
in any building which has been ordered repaired, vacated or demolished
under the provisions of this Code; or with any person to when such
building has. been lawfully sold pursuant to the provisions of this Code,
whenever such officer, employee, contractor or authorized representative
of .this city, person having an interest or estate in such building or
structure, or purchaser is engaged in the work of repairing, vacating
and repairing, 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 directed pursuant to this
Code.
Sec. 704. Any person who is aggrieved by the actions taken under the
provisions of this Ordinance after he has exhausted his ac~iinistrative
remedy as provided here, may file suit in the District Court of Hale
County, Texas, in the nature of an appeal from the action of the Hoard
within 15 days, ixi which appeal questions presented to the said District
Court the substantial evidence rule shall prevail, except the question
of whether or not the premises is a nuisance, which said question of
whether or not a nuisance exists shall be tried by the District Court do
novo.
Chapter 8
PERFORMANCE OF (STORK
OF REPAIR OR DED'iOLITION
Sec.801. (a) Procedure. then any work of repair or demolition is to be
done pursuant to Section 701 of this Code, the Code Enforcement Officer
shall cause the work to be accomplished by City Personnel or by private
contact under the direction of the Code Enforcement Officer. Plans and
specifications therefor may be prepared by said Code Enforcement
Officer, or he may employ such architectural and engineering assistance
on a cantxact basis as he may deem reasonably necessary.
(b) Costs. The cost of such work shall be paid from the General Fund.
Chapter 9
RECOVERY OF COST OF
REPAIR OR DEMOLITION
Account of Expense, Filing of Report: Contents
Sec. 901. The Code Enforcement Officer shall keep an itemized account
of the expense incurred by the City for demolition or removal of any
structure and the cleaning of the lot where the structure was located,
pursuant to the provisions of Section 701 of this Code, as amended.
Upon completion of this abatement, the Code Enforcement Officer shall
prepare a statement specifying the work done, the itemized and total
cost of the work, a description of the real property upon which the
structure was located, and the. names and addresses of the persons
entitled to notice pursuant to Section 401 of this-Code, as amended.
Report Transmitted to Mayor
Sec. 902. 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
Pr~~Y-
Lien of Assessment
Sec. 903. a) Priori Immediately upon recordination, the amount
assessed shall be payable and the assessment shall be a lien against the
parcel of land where the work was performed and against any remaining
improvements thereon. The lien shall be subordinate only to tax liens
and liens to secure the cost of street improvements after they have been
made.
b) Interest. All such assessments remaining unpaid after 30 days from
the date of recordination shall become delinquent and shall bear an
interest at the highest legal rate permitted by law. F
Collections of Assessment: Penalties for Foreclosure
Sec. 904. For any such expenditures and interest, as aforesaid, suit
may be instituted and foreclosure had in the name of the City of
Plainviewo and the statements so made, as ..aforesaid, or a certified copy.
thereof, shall be prima facie proof of the amount expended in any such
work.
Repayment of Money Expended
Sec. 905, A11 money recovered by payment of the charge or assessment,
including any interest thereon, or from the sale of the property at
foreclosure sale shall be paid. to the City Treasurer who shall credit
the same to the General Fund.
CHAlyI'ER 10 - CODE EL~'OIT SEARCH UdARRANI'S
Sec. 1001. Definitions.
Magistrate: shall mean those individuals specified in .Article 2.09
of the Texas Code of Criminal Procedure, except the Mayor of the City of
Plainview, Texas.
SECTION 1002. DAYS ALLOWED FOR WARRANT TO RUN. The time allowed for
the execution of a search warrant shall be three (3) whole days,
exclusive of the day of its issuance and of the day of its execution.
The magistrate issuing a search warrant .under. the provisions of this
ordinance shall endorse on such search warrant the date and hour of the
issuance of the same.
SECTION 1003. POWER OF 17dTSPECTOR EXF~CtJTING ti~ARRANT. In the execution
of a search warrant, the inspector may call to his aid any number of
citizens in this city, who shall be bound to aid in the execution of the
same.
SECTION 1004. NO POU7ER TO SEIZE ~`ANGIBLE GOODS OR MAC ARRESTS. The
execution of a search warrant issued pursuant to this ordinance shall
not include any authority to-make arrests or to seize tangible goods of
a violation.
SECTION 1005. HOW RET[JRN IS MADE.. Upon returning the search warrant,
the inspector shall state on the back of the same, or on some paper
attached to it, the manner in which it has been executed and shall
likewise deliver to the magistrate a copy of the report resulting from
that inspection.
SECTION 1006. RECORDS TO BE ITT'. The magistrate shall keep a record
of all proceedings had before hirn in the cases of search Warrants as a
part of the official records of his court.
SECTION 1007. CONFLICTS. Nothing in this ordinance shall be construed
to conflict with any state or federal law and shall be in addition to
any rights granted thereby.
SECTION 1008. That violation of any provisions of this ordinance shall
be deemed a misdemeanor punishable by a fine not to exceed one thousand
dollars. ($1,000.00).
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 one
thousand dollars ($1,000.00). Each day such violation is committed or
permitted to continue shall constitute a separate offense, and shall be
punishable as such hereunder.
Sec. 1014. The City Secretary is hereby authorized and directed to
cause the .publication of the descriptive caption of this Code together
with the penalty provisions of said Ordinance. This Ordinance shall
become effective on the day of 19 , after its
passage and publication as required by law.
PASSED AMID APPROVID ON FIRST READING this ~ day of
~-~~~ , 19~'S:
-e-- -
PASSED AND APPROVED ON SEICOND READING this ~,
,~~ day of
19~"~
r
r 1
E.V. RIDLEEiiJBER, Mayor
City of Plaimriew
ATTE5T:
WALTER S . D~SON, 'CITY CLERK
City of Plainview
Sec. 1009. AFFIDAVIT REQUIRID. A sworn. affidavit setting forth
substantial facts towards establishing probable cause shall be filed in
every instance in which a search warrant is requested.
a) the age and general condition of the premises;
b) previous violations or hazards found present in the premises;
c) The type of premises;
d) the 1~urposes for which the premises are used; and
e) the presence of hazards or violations in the general conditions
of premises near the premises sought to be inspected.
Sec. 1010. WARRAPIT FORMALITIES. A search warrant issued pursuant to
this ordinance shall be sufficient if it contains the following
requisites:
a) that it run in the name of "The State of Texas":
b) that it identify, as near as may be, the premises to be
inspected.
c) that it command an inspector to inspect forthwith the premises
described; and
d) that it be dated and signed by the magistrate.
Sec . 1011. E~3CUTION OF WARRArITS . An inspector to whom a search
warrant is delivered sha11 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 executed within a shorter period
if so 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
described in the warrant. If such persons cannot be found upon
execution of the search warrant, a copy of said warrant shall be affixed
to the front door of the building or premises inspected. In every
instance, entry shall be effected using the minimnun force necessary
according to the circumstances. -
Sec. 1012. All former ordinances or parts thereof conflicting. or
inconsistent with the provisions of this Code of the Housing Code hereby
adopted are hereby repealed.
Sec. 1013. Should any section, paragraph, sentence or clause or
word of this ordinance be declared unconstitutional or invalid for any
reason, the remainder of this ordinance shall not be affected.