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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.