HomeMy WebLinkAboutOrdinance No. 2013-28 (Title: An ordinance deleting the current regulations contained in Chapter 14, Article VII
"Substandard Buildings and Structures" in its entirety, and substituting new provisions in
place thereof under the same title, creating a Building and Standards Commission
commensurate with and as an extension of the powers and duties of the Board of
Adjustment.)
ORDINANCE NO. 2013-28
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE
OF ORDINANCES OF THE CITY OF FRIENDSWOOD,
ENTITLED 'BUILDINGS AND BUILDING REGULATIONS,"
ARTICLE VII, ENTITLED "SUBSTANDARD BUILDINGS
AND STRUCTURES," BY DELETING THE SUBJECT
ARTICLE VII, IN ITS ENTIRETY, SUBSTITUTING NEW
PROVISIONS IN PLACE THEREOF UNDER THE SAME
TITLE UPDATING THE SUBJECT REGULATIONS AND
CREATING A BUILDING AND STANDARDS COMMISSION
COMMENSURATE WITH AND AS AN EXTENSION OF THE
POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT,
PURSUANT TO CHAPTERS 54 AND 214 OF THE TEXAS
LOCAL GOVERNMENT CODE; ESTABLISHING NEW
PROCEDURES; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES INCONSISTENT OR IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR PENALTIES IN AN AMOUNT NOT TO
EXCEED $2,000.00 UNLESS OTHERWISE SPECIFIED
HEREIN.
WHEREAS, the City Council of the City of Friendswood is continually reviewing the
provisions of the Code of Ordinances relating to the elimination of hazards, nuisances and other
circumstances which negatively impact the health, safety and well-being of residents, citizens
and inhabitants; and
WHEREAS, due to the ever present threat of widespread residential and commercial
property structural damage associated with natural and manmade disasters, and the potential for
related events that expose residents to danger due to substandard buildings, there is an immediate
need to address the efficiency of existing regulations to promptly address abatement procedures
to repair, remove, and/or demolish substandard structures that are properly determined to be
unsafe, dangerous and a nuisance; and
WHEREAS, the City Council finds that it is of paramount interest to protect the public
health, safety, property, and the general welfare of the public due to unwarranted hazardous
conditions posed to others by dangerous substandard structures, particularly with due regard to
emergency weather conditions associated with the Gulf Coast region where the City is located;
and
WHEREAS, the City Council of Friendswood finds and determines that new
substandard structure regulations, as provided hereafter, are appropriate to further protect the
public due to the dangers created by substandard structures under the circumstances, and the
need to address such structures in an expedited manner as provided by law; and
WHEREAS, the City Council directs that the Building and Standards Commission, as
part of the functions of the powers and duties of Board of Adjustment, as created by this
Ordinance, shall prior to conducting any hearings, adopt rules to establish procedures for use in
such hearings in accordance with Section 54.034(a) of the Texas Local Government Code; and
WHEREAS, this Ordinance is adopted to revise and amend the Code of Ordinances to
conform to these findings, by deleting the referenced provisions of Chapter 14 of the Code of
Ordinances of the City of Friendswood, entitled "Buildings and Building Regulations,"Article VII,
entitled "Substandard Buildings and Structures,"in its entirety, and substituting and replacing same
with an entirely new Article VII of the same title in place thereof;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS:
Ord 2013-28 2
I
Section 1. That the City Council of the City of Friendswood adopts the preceding
preamble paragraphs as if repeated verbatim herein and finds them as matters of fact.
Section 2. That Chapter 14 of the Code of Ordinances of the City of Friendswood,
entitled "Buildings and Building Regulations," Article VII, entitled "Substandard Buildings and
Structures," be amended by deleting the current subject Article VII in its entirety, and
substituting new provisions in place thereof under the same title, creating a Building and
Standards Commission commensurate with and as an extension of the powers and duties of the
Board of Adjustment as follows:
"Article VII. -Substandard Buildings and Structures.
Sec. 14-319. Created, composition—Building and Standards Commission.
There is hereby created the Building and Standards Commission, composed of five
members, which shall consist of the members of the Board of Adjustment, and alternate
members appointed by City Council, who shall serve in the absence of one or more regular
members when requested to do so by the city manager/designee. Persons appointed to the Board
of Adjustment shall also automatically be appointed to the Building and Standards Commission,
and such appointment shall constitute one position. Persons appointed to the Board of
Adjustment/Building and Standards Commission shall hold no other position in the city
government, and shall serve without pay. Each member shall be a qualified voter at the time of
appointment and shall be a resident within the corporate limits of the City of Friendswood and
shall have been a resident for a period of 12 months prior to appointment. The appointment of
the members shall be for a term of two years or until replacements are appointed corresponding
and indistinguishable with the requirements for the board of adjustment.
Sec. 14-320. Authority and purpose.
This division is remedial and essential to the public interest, safety, health, and welfare
and it is intended that this chapter be liberally construed to effectuate its purposes. It establishes
minimum standards for the continued use and occupancy of all buildings/structures regardless of
the date of their construction; materials or methods used to construct a building/structure or
improvements, including the foundation, structural elements, electrical wiring, plumbing,
fixtures, entrances, or exits; addresses conditions caused by accumulations of refuse, vegetation,
or other matter that creates breeding and living places for insects and rodents; and incorporates
the building codes or other city codes and statutory provisions relating to the condition, use, or
appearance of property within the city. The provisions of this chapter are hereby adopted
pursuant the City Charter, the Texas Constitution, Article XI, Section 5, and in accordance with
V.T.C.A., Local Government Code chs. 54,214 and 342.
Ord 2013-28 3
The put-poses of this chapter include, but are not limited,to the following:
(1) To establish the minimum standards for the continued use and occupancy of all
types of buildings and structures within the city, regardless of the dates of construction, in order
to safeguard the public health, safety, and welfare and to protect property.
(2) To provide the authority to order and direct the method of securing property that
is unoccupied by its owners, lessees, or other invitees, and which is unsecured from unauthorized
entry to the extent that such buildings or structures could be entered or used by vagrants or other
uninvited persons or could be entered or used by children.
(3) To provide the authority to address, and direct the method of addressing buildings
and structures which, although boarded up, fenced, or otherwise secured in any manner, exhibit
conditions that may constitute a danger to the public, even though secured from entry, or the
means used to secure the building or structure is inadequate to prevent unauthorized entry or use
of the building by vagrants or other uninvited persons or could be entered or used by children.
The city may require the building or structure, which endangers the public health and safety of
the occupants of said building and structure and the general public, to be vacated, secured,
repaired,removed, and/or demolished by the owner and/or the occupants thereof to be relocated.
(4) To provide fire safety of buildings or improvements, including provisions related
to materials, types of construction or design, warning devices, fire suppression devices,
availability of water supply for extinguishing fires, location, design or width of entrances or
exits, and enforcement of all city building and fire codes.
See. 14-321. Minimum building standards adopted--Investigation.
Any building or structure whose condition has deteriorated or is operated or maintained
in violation of the minimum standards for the continued use and occupancy of all types of
buildings and structures within the city, as adopted and established in this chapter, is hereby
subject to investigation upon presentation of evidence of probable cause for issuance of a search
warrant to a magistrate by the code enforcement official, fire marshal, or health officer
designated in accordance with Article 18.05 of the Texas Code of Criminal Procedure. Prior to
requesting issuance of a search warrant, such official shall obtain approval of the city
manager/designee.
See. 14-322. Dangerous buildings, structures and nuisances defined.
Any building or structure, regardless of date of its construction, having any of the
following defects, shall be deemed to be substandard and/or unfit for human habitation and as a
result, a danger to the public health, safety and welfare and thus, declared to be a dangerous
building or structure:
(1) Any building or structure that has become deteriorated or damaged such that its
roof, or walls, is not weathertight and waterproof.
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(2) Any building or structure that is so structurally deteriorated or damaged that it is
in danger of collapse or that cannot be expected to withstand reasonably anticipated weather
conditions, such as storms or hurricanes.
(3) Conditions of any building or structure that violate any provision of the city's
building, electrical, plumbing, fire, or other such codes, specifically including conditions subject
to the city nuisance ordinance(s), when such nonconformity constitutes a danger to the public
health, safety, and welfare, including any device, apparatus, equipment, combustible waste or
vegetation which, in the opinion of the fire marshal, is in such a condition as to cause a fire or
explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising
from any cause.
(4) Buildings and structures, regardless of their structural condition, that have been,
during times that they were not actually occupied by their owners, lessees or other legal invitees,
left unsecured from unauthorized entry to the extent that they may be entered by vagrants or
other uninvited persons as a place of harborage or could be entered by children.
(5) Buildings and structures, which are secured by a means inadequate to prevent
unauthorized entry or use in the manner described in subsection (4).
(6) A wall or other vertical member that lists, leans or buckles to such an extent that a
plumb line passing through the center of gravity falls outside the middle third of its base as may
be determined from the exterior of the building or structure.
(7) Exclusive of the foundation, 33 percent or more damage or deterioration to the
supporting member or members or 50 percent of damage or deterioration to the nonsupporting
enclosing or outside walls or coverings.
(8) An improperly distributed load upon the floor or roof, or an overloaded roof or
floor, or a floor or roof with insufficient strength to be reasonably safe for the purpose used.
(9) Inadequate facilities for egress in case of fire or panic or insufficient stairways,
elevators, or fire escapes as may be determined from the exterior of the building or structure.
(10) When a building which is partially constructed has not had any significant
construction work done on it in the preceding six months, and it is not secured by a fence or
other means to prevent children and vagrants from entering the building.
(11) Parts of buildings and structures that may fall and injure a person or property.
(12) Hazardous or unsanitary premises that have an accumulation of weeds,
vegetation, junk, dead organic matter, debris, garbage, rat harborages, stagnant water,
combustible materials and similar materials or conditions that constitute fire, health or safety
hazards in the opinion of the code enforcement official.
Sec. 14-323. Declaration of nuisance; conduct prohibited.
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Any building or structure which has any or all of the conditions or defects described
above in section 14-322, where such condition or conditions pose a threat or potential threat to
life, health, property, or human safety; or conditions caused by accumulations of refuse,
vegetation, or other matter that creates breeding and living places for insects, and rodents, is
hereby declared to be a public nuisance, is prohibited as unlawful, and shall be abated according
to provisions of this division. It is an offense for an owner or occupant or other person having
control of the building, structure or property to fail to abate such public nuisance. Therefore
failure to abate such condition may also be prosecuted as a criminal misdemeanor offense. It is a
further offense and unlawful for any person to cause, permit, or allow a dangerous building after
the 30th day after the date on which the Building and Standards Commission finds a condition of
nuisance and orders abatement, or after such extended date as may be lawfully permitted by the
Building and Standards Commission.
Sec. 14-324. Commencement of proceedings.
(1) When the code enforcement official has determined that a building/structure is a
dangerous building, he/she will set a date and time for a public hearing before the Building and
Standards Commission to determine if the building complies with the minimum standards
established in this article. The code enforcement official may seek voluntary compliance with
the owner, lienholder or mortgagee of the building before seeking a hearing before the
Commission. If the code enforcement official receives voluntary compliance from the owner,
Iienholder or mortgagee, a public hearing is not required.
(2) In addition, in accordance with Section 214.0011 of the Texas Local Government
Code, the code enforcement official may secure a building if it is determined it violates the
minimum standards for use and occupancy of the building and is unoccupied or is occupied only
by persons who do not have a right of possession if:
(a) Before the eleventh (I It") day after the building is secured, the owner is
given notice in accordance with § 214.0011(c) Local Government Code;
and
(b) The Building and Standards Commission conducts a hearing within twenty
(20) days after a request for hearing is filed by the owner, provided said
request for hearing is filed within thirty (30) days after the building is
secured.
Sec. 14-325. Notice of hearing before the Building and Standards Commission.
Notice of all proceedings before the Building and Standards Commission shall be given
on or before the tenth day before the date fixed for hearing before the Building and Standards
Commission and must state the date,time, and place of the hearing:
(1) By personal delivery,by certified mail, return receipt requested, or by delivery by
the United States Postal Service using signature confirmation service, to the record owners of the
Ord 2013-28 6
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affected property sent to the last known address, and each mortgagee, lienholder and each holder
of a recorded lien against the affected property, as shown by the records of the county clerk in
which the affected property is located if the address of the lienholder can be ascertained from the
deed of trust establishing lien or other applicable instruments on file in the office of the county
clerk.
(2) To all unknown owners by posting a copy of the notice on the front door of each
improvement situated on the affected property or as close to the front as practicable.
(3) In addition, the notice must be published in a newspaper of general circulation in
the city on one occasion before the (10°i) tenth day preceding the date fixed for the hearing.
(4) The notice shall contain the following:
(a) The name and address of the owner of the affected property if that
information can be determined from a reasonable search of the instruments
on file in the real property records of the County clerk where the real
property is primarily situated.
(b) An identification, which is not required to be a legal description of the
building and the property on which it is located.
(c) A description of the violation of the municipal standards that is present at
the building.
(d) A statement that the city will vacate, secure, remove, repair or demolish
the building or relocate the occupants of the building if the ordered action
is not taken within a reasonable time.
(e) A statement that the owner, lienholder, or mortgagee will be required to
submit proof, at the hearing, of any work that may be required to comply
with the ordinance and the time it will take to reasonably perform the
work.
(f) The time, date, and place of the hearing.
(5) Notice to a condominium association shall conform to the requirements of
§54.035 of the Texas Local Government Code, as may be amended.
(6) In addition, if the city files a notice in the official public records of real property
where the real property is primarily situated pertaining to the hearing, as set forth above, the
notice shall bind all subsequent holders of interest in the property, according to state law.
(7) All meetings of the Commission shall be open be open to the public.
Sec. 14-326. Functions.
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The Building and Standards Commission panel may:
(1) Order the repair, within a fixed period, of buildings found to be in violation of an
ordinance.
(2) Declare a building substandard in accordance with the powers granted by this
article.
(3) Order, in an appropriate case, the immediate removal of persons or property found
on private property, enter on private property to secure the removal if it is determined that
conditions exist on the property that constitute a violation of an ordinance, and order action to be
taken as necessary to remedy, alleviate, or remove any substandard building found to exist.
(4) Issue orders or directives to any peace officer of the state, including a sheriff or
constable or the chief of police of the municipality, to enforce and carry out the lawful orders or
directives of the Building and Standards Commission panel.
(5) Determine the amount and duration of the civil penalty the city may recover in
accordance with V.T.C.A, Local Government Code § 54.017. A determination of the subject
civil penalty is final and binding and constitutes prima facie evidence of such penalty in a court
of competent jurisdiction in a civil suit brought by the city for final judgment and may be
enforced by the city secretary filing with the district clerk of the appropriate county, a certified
copy of the order of the Building and Standards Commission panel establishing the amount and
duration of the penalty.
Sec. 14-327. Standards for repair,vacation or demolition.
(1) Ordered repaired. If the alleged dangerous building can be feasibly repaired or
the condition remedied so that it will no longer exist in violation of the terms of this article, it
shall first be ordered remedied or repaired. Demolition shall be regarded as a remedy of last
resort.
(2) Ordered vacated and secured. If the dangerous building is in such a condition as
to make it hazardous to the health, safety, or general welfare of its occupants or the public, it will
be ordered vacated and secured.
(3) Ordered demolished. In any case where a dangerous building is fifty (50)percent
or more damaged or decayed or deteriorated in its structure, or fifty (50) percent or more
diminished in its value due to damage, decay, or deterioration, a presumption shall arise that the
building cannot be repaired. Such presumption may be appropriately rebutted by the weight of
the evidence. Value may be determined by comparing the most recent valuation for the building
by the appropriate tax appraisal district with the valuation of the building two years prior to the
most recent valuation by the appraisal district. Principles of sound engineering practices shall be
respected.
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(4) Settlement. In all cases of settlement in which a responsible party enters into a
voluntary demolition agreement to accept city serviced demolition, all settlement agreements
shall be reviewed by the Building and Standards Commission prior to execution by a duly
authorized city official possessing settlement authority.
See. 14-328. Building and Standards Commission hearing--Burden of proof.
In a public hearing to determine whether a building complies with the standards set out in
this article the owner, Henholder, mortgagee, manager or occupant has the burden of proof to
demonstrate the scope of work that may be required to comply with this Article and the time it
will take to reasonably perform the work. After a public hearing, if a building is found to be in
violation of this article, the Building and Standards Commission may:
(1) Enter on the minutes its findings that the building, or use thereof:
(a) Is in violation of the minimum standards of this article in specified
instances;
(b) Is dilapidated, substandard, or unfit for human habitation and a hazard to
the public health, safety and welfare;
(c) Is structurally sound but is unoccupied by its owners, lessees, or other
invitees and is unsecured from unauthorized entry to the extent that it
could be entered or used by vagrants or other uninvited persons as a place
of harborage or could be entered or used by children;
(d) Is structurally sound, boarded up, fenced, or secured but constitutes a
danger to the public, or the means used to secure the building are
inadequate to prevent unauthorized entry or use of the building by
vagrants, children, or other uninvited persons;
(e) Violates the minimum standards of this article and is unoccupied or is
occupied only by persons who do not have a right of possession; or
(f) Is dangerously damaged or deteriorated or is likely to endanger persons or
property.
(2) Make an order that:
(a) The building be secured from unauthorized entry;
(b) The building be repaired, removed or demolished;
(c) The building be vacated in whole or in part;
(d) Any or all occupants be relocated.
Ord 2013-28 9
(e) Such other requirements deemed reasonably necessary, including the
abatement of any nuisances caused by accumulations of refuse, vegetation,
or other matter that creates breeding and living places for insects, and
rodents.
(3) Time limits.
(a) An order shall require that a building shall be secured within 30 days.
(b) An order shall require that a building must be repaired, removed or
demolished within 30 days unless the owner or lienholder establishes at
the hearing that the work cannot reasonably be performed within 30 days.
(c) If the Building and Standards Commission allows the owner, lienholder,
mortgagee, manager or occupant more than 30 days to repair, remove or
demolish the building, the Building and Standards Commission shall
establish specific time schedules for the commencement and performance
of the work and shall require the owner, lienholder, mortgagee, manager
or occupant to secure the property in a reasonable manner from
unauthorized entry while the work is being performed.
(d) The Building and Standards Commission may not allow the owner,
lienholder, mortgagee, manager or occupant more than 90 days to repair,
remove or demolish the building or fully perform all work required to
comply with the order of the Building and Standards Commission unless
the owner, lienholder,mortgagee, manager or occupant:
(i). Submits a detailed plan and time schedule for the work at
the hearing, and
(ii). Establishes at the hearing that the work cannot reasonably
be completed within 90 days because of the scope and
complexity of the work.
(e) If the Building and Standards Commission allows the owner, lienholder,
mortgagee, manager or occupant more than 90 days to complete any part
of the work required to repair, remove or demolish the building, the
Building and Standards Commission shall require the owner, lienholder,
mortgagee, manager or occupant to regularly submit progress reports to
the Building and Standards Commission to demonstrate that the owner,
lienholder, mortgagee, manager or occupant complied with the time
schedules established by the Building and Standards Commission for
commencement and performance of the work. The order may require that
the owner, lienholder, mortgagee, manager or occupant appear before the
hearing panel to demonstrate compliance with the schedules. If the owner,
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lienholder, or mortgagee owns property, including structures or
improvements on property, within the municipal boundaries that exceed
$100,000 in total value, the Commission may require the owner,
lienholder, or mortgagee to post a cash or surety bond in an amount
adequate to cover the cost of repairing, removing, or demolishing the
building/structure. In lieu of a bond, the Commission may require the
owner, lienholder, or mortgagee to provide a letter of credit from a
financial institution or guaranty from a third party approved by the
Commission.
(f) In a public hearing to determine whether a building complies with the
standards set out in this article the owner, lienholder, mortgagee, manager
or occupant has the burden of proof to demonstrate the scope of work that
may be required to comply with this article and the time it will take to
reasonably perform the work.
(g) Should an owner fail to comply with an order of the Building and
Standards Commission to repair, remove or demolish a building the
Commission may assess civil penalties against such owner upon notice
and hearing. Such notice shall be given at least ten days prior to the
hearing to determine whether or not civil penalties should be assessed.
Sec. 14-329. Procedure after hearing.
After the hearing before the Building and Standards Commission, the city shall deliver a
copy of the order by personal delivery or by certified mail, return receipt requested, or by
delivery by the United States Postal Service using signature confirmation service, to the record
owners of the affected property and to any lienholder or mortgagee of record of the affected
property. Within ten days after the date the order fi•om the Building and Standards Commission
is issued the city will:
(1) File a copy of the order in the office of the city secretary, and
(2) Publish in the city's official newspaper a notice containing:
(a) The street address or legal description of the property;
(b) The date of the hearing;
(c) A brief statement indicating the results of the hearing or order; and
(d) Instructions stating where a complete copy of the order may be obtained.
Sec. 14-330. Enforcement--Expenses.
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(1) If an owner does not take the action ordered by the Building and Standards
Commission within the allotted time the code enforcement official shall promptly mail by
certified mail, return receipt requested, a copy of the order to any lienholder or mortgagee of the
building not previously served with the order.
(2) If the owner, lienholder, mortgagee, manager or occupant should fail to comply
with an order of the Building and Standards Commission within the allotted time, the Building
and Standards Commission may, in addition to any other actions or remedies in this article,
authorize the city to:
(a) Vacate, secure, remove or demolish the building.
(b) Relocate the occupants at its own expense.
(c) Repair the building to the extent necessary to bring the building into
compliance with the minimum standards and only if the building is a
residential building with 10 or fewer dwelling units.
(3) The Building and Standards Commission may authorize the code enforcement
official to secure a building that violates the minimum standards and is unoccupied or is
occupied only by persons who do not have a right of possession before notice and hearing.
(4) The Building and Standards Commission may assess all expenses incurred by the
city pursuant to the foregoing provisions against the owner of the property and the property.
Said assessment of expenses shall constitute a privileged lien on the property subordinate only to
tax liens and previously recorded bona fide mortgage liens, unless the property is a homestead
protected by the Texas Constitution in accordance with V.T.C.A., Local Government Code ch.
214, and ch. 54.
(5) The Building and Standards Commission by order, may assess and recover a civil
penalty against the property owner in an amount not to exceed $1,000.00 per day for each
violation or, if the owner shows that the property is the owner's lawful homestead, in an amount
not to exceed $10.00 per day for each violation, if the city proves:
(a) The property owner was notified of the requirements of this article and the
owner's need to comply with the requirements, and
(b) After notification,the property owner committed an act in violation of this
article or failed to take an action necessary for compliance with this
article.
(6) The City Council hereby finds and declares that the general administrative
expenses of inspecting buildings, conducting hearings, issuing notices and orders, together with
associated administrative functions, require the reasonable charge of $400.00 for each lot,
adjacent lots under common ownership or tract of land. Such minimum charge is hereby
established and declared to be the charge for such administrative expenses to be assessed in each
Ord 2013-25 12
instance where the Building and Standards Commission determines that the building or structure
is a dangerous building and the city has been required to proceed with notice and hearing as
provided for in section 14-324, together with any additional charges as delineated in subsection
14-330(g). Notwithstanding any tabulation of recorded costs, a charge of $400.00 is hereby
expressly stated to be the minimum charge, unless otherwise determined by the Building and
Standards Commission due to the associated costs incurred by the city for reviewing records of
ownership, liens, and providing notice and hearing. Further, the cost of securing, repairing,
demolishing the building or buildings, either by the city or by persons doing so under contract
with the city, shall be separately calculated and assessed in each instance where the city secures,
repairs, demolishes or causes the demolition of a building or buildings pursuant to this article.
(7) Any case referred to the Building and Standards Commission for consideration
shall also have attached as costs all expenses incurred by the city to research ownership and
mortgagee/lienholder interests, as such research is required by state law to fix enforceable orders
and liens. The city shall certify all administrative expenses and costs of securing, repairing, or
demolishing a building or buildings by the city or by persons doing so under contract with the
city, as a charge which shall be assessed the owner thereof, and which shall constitute a lien on
the land on which the building or buildings are or were situated. Such charge shall bear interest
at the rate of ten percent (10%) per annum until paid. The amount of the assessment shall be
subject to the same procedure and sale in case of delinquency as provided by the laws of the
state.
(8) If an order has been issued pursuant to this article for the repair, securing or
demolition of a building or buildings and the city has let a contract for such work, and the
building or buildings are subsequently repaired, secured or demolished by the owners prior to
completion of the contracts let by the city, the administrative expenses and all costs for
cancellation of the contract shall be certified as a charge which shall be assessed against the
owners thereof, and which shall constitute a lien on the land on which the building or buildings
are or were situated. Such charge shall bear interest at the rate of ten percent per annum until
paid.
(9) Upon a finding by the Building and Standards Commission that a building is
dangerously damaged or deteriorated, or is likely to endanger persons or property, the code
enforcement official may place a placard notice on all dwelling units which the Building and
Standards Commission has determined to be dangerously damaged or deteriorated, or likely to
endanger persons or property, with the following language:
DO NOT ENTER
UNSAFE TO OCCUPY
IT IS A MISDEMEANOR TO OCCUPY THIS BUILDING, OR TO REMOVE OR DEFACE
THIS NOTICE.
BUILDING OFFICIAL
CITY OF FRIENDSWOOD, TEXAS
Sec. 14-331. Offenses.
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It is unlawful for the owner, occupant, lessee(s) or manager of a building governed by
this chapter to:
(1) Permit a building to be in violation of any provision of this chapter;
(2) Permit a building to exist in a dilapidated or substandard condition, or condition
unfit for human habitation and a hazard to the public health, safety, and welfare;
(3) Permit a building to be unoccupied and unsecured from unauthorized entry to the
extent that it could be entered or used by vagrants or other uninvited persons as a place of
harborage or could be entered or used by children;
(4) Permit a building that is boarded up, fenced or otherwise secured to:
(a) Constitute a danger to the public, or
(b) Have inadequate means to secure the building from unauthorized entry or
use.
(5) Permit a building to be occupied only by persons who do not have a right of
possession and violate any provision of this chapter;
(6) Permit a building to exist in a dangerously damaged or deteriorated condition or
in a condition likely to endanger persons or property;
(7) Without authority from the code enforcement official or the fire marshal, to
remove or destroy a placard placed pursuant to 14-330(9)by such officials; or
(8) Permit a person to occupy a building or room on which the code enforcement
official or the fire marshal has placed a placard pursuant to 14-330(9), or occupy a building or
room on which the code enforcement official or the fire marshal has placed such a placard,
absent express authorization of the subject official(s).
Sec. 14-332. Demolition regulations extended to cover site clearance, leveling and grading.
(1) In addition to the building regulations contained in this article, the regulations
concerning the demolition of buildings and permits therefore are extended to cover and include
related health, safety, and welfare requirements that:
(a) All debris must be removed from the property, all holes or depressions in
the ground must be filled to grade level.
(b) The grading and leveling and clearance of the site of the demolition where
the removal of structures makes such grading, leveling or clearance
necessary, or where such grading, leveling or clearance is necessary to
protect adjacent property for the public safety. The grading and leveling
Ord 2013-28 14
shall include appropriate fill to insure proper drainage, and a permit shall
be secured for any fill work if provided by city code.
(c) All lumber, pipes and all other building materials must be removed from
the property.
(d) All pipes and conduits must be removed from above grade and must be
removed or sealed below grade.
(e) All piers, pilings, steps, foundations, and other appurtenances must be
removed from the property.
(2) Each person having an interest in the building or control over the property on
which the building stood prior to removal or demolition is individually responsible for
completing this work.
Sec. 14-333. Disconnecting public utilities.
The code enforcement official may request that public utilities be disconnected in order
that demolition or other nuisance abatement actions may be accomplished without delay in those
cases where the structure is open, vacant, dilapidated, or subject to any of the conditions defining
public nuisance in this article.
Sec. 14-334. Building and Standards Commission other remedies; chapters 54, 214, and
342 Texas Local Government Code.
Nothing in this chapter shall preclude the city's pursuit of any and all other remedies
allowed under civil and criminal law, or in equity, to address conditions which are treated in this
chapter, under the theory of public nuisance and the abatement of dangerous buildings or
structures. Neither shall the city be required, nor prohibited, to issue criminal citations before,
after, or during any proceeding prescribed in this chapter.
Specifically, in addition to the provisions in this chapter and remedies afforded under
V.T.C.A., Local Government Code ch. 54, Municipal Regulation of Structures, the city further
asserts full authority to exercise its right to remedy under all provisions of the V.T.C.A., Local
Government Code including, but not limited to, ch. 214, subchapter B, Municipal Health and
Safety Ordinances, and ch. 342, Municipal Fire Protection, subchapter B, in prosecution of civil
suits for enforcement, removal or destruction of buildings and structures, injunctive relief, and
civil penalties to remedy conditions of public concern described in this chapter.
Sec. 14-335. Appeal to district court; lien priority.
(1) Any owner, lienholder, or mortgagee of record, aggrieved by an order of the
Building and Standards Commission under this division may file in district court a verified
petition setting forth that the decision is illegal, in whole or part, and specifying the grounds of
the illegality. The petition must be filed within 30 calendar days after the respective dates a copy
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of the final decision of the Building and Standards Commission is mailed to them by first class
mail, certified return receipt requested, or such decision shall become final as to each of them
upon expiration of each such 30-calendar-day period.
(2) In any judicial contest challenging the city's rights under this division, the city
shall pursue recovery of its attorney's fees as allowed by the Texas Local Government Code.
(3) An aggrieved party's appeal to the district court from an order of the Building and
Standards Commission shall, to the extent permitted by the law, be limited to reversing or
affirming in whole or part, the Building and Standards Commission's decision. Accordingly,
costs may not be allowed against the city.
(4) The lien securing payment of civil penalties or the costs of repairs, removal, or
demolition, as the case may be, is inferior only to any previously and duly recorded bona fide
mortgage liens, as prescribed by state law. The city's lien is superior to all other previously
recorded judgment liens, and shall accrue interest at the rate of ten percent a year, or as allowed
by law, fi•om the date of assessment until paid in full."
Sees. 14-336--14-355. Reserved.
Section 3. INCORPORATION INTO THE CODE; PENALTY CLAUSE.
This Ordinance is hereby incorporated and made a part of the City of Friendswood Code
of Ordinance. Any person who shall willfully, intentionally, or with criminal negligence violate
any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall
constitute a separate offense.
Section 4. REPEAL OF CONFLICTING ORDINANCES.
In the event any clause phrase, provision, sentence, or part of this Ordinance or the
application of the same to any person or circumstances shall for any reason be adjudged invalid
or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or
invalidate this Ordinance as a whole or any part of provision hereof other than the part declared
to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas,
declares that it would have passed each and every part of the same notwithstanding the omission
of any such part thus declared to be invalid or unconstitutional, whether there be one or more
parts.
Ord 2013-28 16
Section 5. NOTICE.
The City Secretary shall give notice of the enactment of this Ordinance by promptly
publishing it or its descriptive caption and penalty after final passage in the official newspaper of
the City; the Ordinance to take effect upon publication.
PASSED AND APPROVED on first reading this 5th day of August, 2013.
PASSED, APPROVED, AND ADOPTED on second and final reading this 9th day
of September,2013.
KevI M. olland
Mayor,,
"
ATTEST:
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Melinda Welsh, TRMC ;
City Secretary ° (P °
Ord 2013-28 17