HomeMy WebLinkAboutResolution No. 2014-12 RESOLUTION NO.R2014-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FRIENDSWOOD APPROVING RULES AND
PROCEDURES FOR THE BUILDING AND STANDARDS
COMMISSION, AS PART OF THE FUNCTIONS OF THE
POWERS AND DUTIES OF THE ZONING BOARD OF
ADJUSTMENT.
iY X X X 2 X if h'
WHEREAS, by Ordinance 2013-28, the City Council of the City of Friendswood created
the Building and Standards Commission("Commissiolf), as part of the functions of the powers and
duties of the Zoning Board of Adjustment, and directed that the Commission, prior to conducting
any hearings, adopt rules to establish procedures for use in hearings before it in accordance with
Section 54.034(a) of the Texas Local Government Code; and
WHEREAS, in accordance with the direction of City Council, and prior to conducting any
hearings,the Commission on May 20,2014,by majority vote of the entire Commission, adopted the
Rules and Procedures, (attached hereto as Exhibit "A" and incorporated by reference), for use in
hearings conducted by the Commission, to provide ample opportunity for presentation of evidence
and testimony by respondents or persons opposing charges brought by the City of Friendswood or
its building officials relating to alleged violations of Chapter 14 of the Code of Ordinances of the
City of Friendswood, "Buildings and Building Regulations," Article VII, "Substandard Buildings
and Structures",
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD,TEXAS:
Section 1. The facts and matters set forth in the preamble of this Resolution are hereby
found to be true and correct.
Section 2. The City Council of the City of Friendswood acknowledges and approves
the "Rules and Procedures for Hearings before the City of Friendswood Building and Standards
Commission", attached hereto as Exhibit"A".
PASSED,APPROVED,AND RESOLVED this 2nd day of June,2014.
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Kevin M. Hol nd
Mayor
ATTEST:
A.
Melinda Welsh, TRMC
City Secretary L ? O
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82014-12 2
R2014-12
Exhibit A
RULES AND PROCEDURES FOR HEARINGS BEFORE THE CITY OF FRIENDSWOOD
BUILDING AND STANDARDS COMMISSION
Pursuant to Section 54.034(b) of the Texas Local Government Code, the Friendswood
Building and Standards Commission (the "Commission"), as appointed by the City Council of
Friendswood pursuant to Ordinance 2013-28, hereby adopts, by majority of the entire
Commission the following rules and procedures for use in hearings, to provide ample
opportunity for presentation of evidence and testimony by respondents or persons opposing
charges brought by the City of Friendswood or its building officials relating to alleged violations
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," (hereinafter
sometimes referred to as the"Code" unless otherwise noted):
1. Meetings. Meetings of the Commission shalt be held at the call of the chairman. All
meetings of the Commission shall be open to the public as provided by law.
2. Duties of Commission. The Commission duties shall include review of the procedures
for each case brought before it to confirm notice requirements have been satisfied; conduct of
the public hearing required by the Code and these Rules, to determine whether or not a building
is a public nuisance and violates the Code; determine whether or not a building qualifies for
repair; removal of persons or property; entering on private property to secure the removal; order
action to be taken as necessary to remedy, alleviate, or remove any substandard building found
to exist; issue orders or directives to any peace officer of the state, including the Chief of Police
of the City of Friendswood, to enforce and carry out the lawful orders or directives of the
Commission; and determine the amount and duration of civil/administrative penalty, fees and
costs the City may recover under the Code. The Commission shall act as authorized under the
Code and the Texas Local Government Code, Chapter 54 Subchapter C. "Quasi-Judicial
Enforcement of Health and Safety Ordinances", Secs. 54.031, et. seq. and as applicable,
Chapter 214, Subchapter A. "Dangerous Structures" Secs. 214.001 et. seq. The Commission
shall carry out the hearing duties and procedures prescribed herein, and as those duties and
procedures may, from time to time, be modified by applicable law.
3. Rules, in general. Hearings conducted pursuant to this Code need not be conducted
according to the technical rules relating to evidence and witnesses, however, such rules
employed by the Commission may not be inconsistent with the Code. See also the adopted
Rules of Procedure for Zoning Board of Adjustment which governs the general policies and
procedures of the Zoning Board of Adjustments/Building and Standards Commission, which are
not in conflict with the procedures and rules as provided hereafter. It is specifically provided
herein, that a majority of the members voting on a matter is necessary to take action.
4. Oaths;certification. in any proceedings under this article, the Chairperson, or any
board member has the power to administer oaths and affirmations and to certify to official acts.
All speakers/witnesses providing evidence at the hearing shall first be sworn prior to providing
any testimony. The Chairperson will announce a statement similar to the following in this regard:
"Raise yourright hand repeat after me. 1, (please state yourname), (PAUSE) do solemnly swear
or affirm to tell the truth, (PAUSE) the whole truth, and nothing but the truth (PAUSE) on matters
before the Commission this evening."
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5. Burden of proof. In any public hearing before the Commission to determine whether a
building is in violation of the conditions set forth in the Code, which may result in a finding of
public nuisance and an abatement order, the code enforcement official has the burden to show
a violation of the Code, and the owner, mortgagee, or lienholder has the burden of proof to
demonstrate the scope of any work that may be required to abate the nuisance and the time it
will take to reasonably perform the work.
6. Hearsay evidence. Hearsay evidence may be used for the purpose of supplementing
or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it
would be admissible over objection in civil actions in courts of competent jurisdiction in this
state.
7. Admissibility of evidence. Any relevant evidence shall be admitted 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 common 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,
8. Exclusion of evidence. Irrelevant and unduly repetitious evidence shall be excluded.
9. Rights of parties. Each party shall have the following rights, among others:
(a) To call and examine witnesses on any matter relevant to the issues of the
hearing;
(b) To introduce documentary and physical evidence;
(c) To cross examine opposing witnesses on any matter relevant to the issues of the
hearing;
(d) To impeach any witness regardless of which party first called the witness to
testify;
(e) To rebut the evidence against him;
(f) To represent himself or to be represented by anyone of his choice who is lawfully
permitted to do so,
10. Inspection of premises. The Commission may inspect, upon notice to all parties any
building or premises involved in the appeal during the course of the hearing as determined
necessary.
11. Secretary. The City Secretary or his/her designated representative shall act as
secretary to the Commission, but shall not be a member. The secretary shall keep minutes and
a record of the cases, activities, and actions of the Commission and its determinations, give
notice of the date and time of hearings, and perform such other duties deemed necessary for
documenting the hearing process. The record shall show the vote of each member or the fact
that a member is absent, the attendance of an alternate member or failure of a member to vote.
The minutes and record shall be filed in the office of the City Secretary as public records.
12. Record. A record of the entire proceedings shall be made by tape recording or by any
other means of permanent recording determined to be appropriate by the Commission.
Notwithstanding the foregoing, consultations with legal counsel that qualify for executive session
under 551.071, Texas Government Code shall not be tape recorded, as provided by law.
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13. Reporting. The proceedings at the hearing may also be reported by a certified reporter
if requested by any party thereto if prior arrangements are made with the City Secretary at least
five (5) business days prior to the scheduled hearing for the reporter and payment by the party
of all reporter associated expenses. The person or party requesting the certified reporter shall
be directly responsible for the reporter's charges. A transcript of the proceedings shall be made
available to all parties upon request and upon payment of the fee prescribed therefore.
14. Continuances. The Commission may grant continuances for good cause shown.
15. Reasonable dispatch. The Commission 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.
16. Notice of Final Decision. The Commission shall promptly personally deliver or mail a
written copy of its final decisionlorder, by first class mail with certified return receipt requested,
or delivery by the United States Postal Service using signature confirmation service to the
record owners of the affected property and each holder of a recorded lien against the affected
property, under Section 54.035(a) of the Texas Local Government Code. In addition, an
abbreviated copy of the order shall be published one time in a newspaper of general circulation
in the City within 10 calendar days after the date of delivery or mailing of copies of the order,
including the street address or legal description of the property, the date of the hearing, a brief
statement indicating the results of the order, and instructions stating where a complete copy of
the order may be obtained. A copy shall be filed in the office of the City Secretary.
PASSED AND APPROVED by the City of Friendswood Building and Standards
Commission on this2L_day of MRA 2014.
Chairman, Ronald DY-9V
l
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