City Passes Hazardous Buildings Ordinance No. 2019-02

ORDINANCE NO. 2019-02

AN ORDINANCE OF THE CITY OF SEYMOUR, TEXAS, REPEALING ALL PAST AND CURRENT ORDINANCES REGARDING UNSAFE, DANGEROUS, OR HAZARDOUS BUILDINGS AND STRUCTURES.  SAID ORDINANCE WILL HAVE THE FOLLOWING CHANGES:ARTICLE 3.600, SECTION (B), SUBSECTION (8) AND SUBSECTION (11) TO BE REMOVED IN its ENTIRETY.

WHEREAS, THE CITY OF SEYMOUR, CITY COUNCIL CHOOSES TO UPDATE SAID ORDINANCE AND WILL READ AS FOLLOWS:

ARTICLE 3.600 UNSAFE, DANGEROUS, OR HAZARDOUS BUILDINGS & STRUCTURES

Sec. 3.601            Declaration of Purpose

It is the purpose of the provisions of this article to provide a just, equitable, and practical method, to be cumulative with and in addition to any other remedy available by law, whereby buildings or structure which are dilapidated, unsafe, dangerous, unsanitary, or are a menace to the life, limb, health, morals, property, safety, and general welfare of the people of the City of Seymour, or which tend to constitute a fire hazard, may be required to be repaired, vacated, or demolished.

Sec. 3.602            Public Nuisance Defined

(a)All buildings and structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are dilapidated, substandard, or unfit for human habitation, or unoccupied by its owners, lessees, or other invitees, and are unsecured from unauthorized entry to the extent that they could be entered or used by vagrants or other uninvited persons as a place of harborage, or could be entered or used by children, and constitute a danger to the public by reason of inadequate maintenance, neglect, decay, dilapidation, obsolescence, abandonment, for the purpose of this article, are declared to be a public nuisance and shall be repaired, vacated and repaired, or demolished as hereinafter provided.

(b)  For the purpose of this article a building or structure which has any or all of the conditions or defects hereinafter described shall be deemed a dangerous building:

(1)Whenever any door, aisle, passageway, stairway, or any 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 for all persons housed or assembled therein who would be required to, or might, use such door, aisle, passageway, stairway, or other means of exit:

(2)Whenever any portion, or member, or appurtenance thereof is likely to fail or become detached or dislodged, or to collapse and thereby injure persons or damage property;

(3)Whenever any portion of a building, or any member, appurtenance, or ornamentation of the exterior thereof is not of sufficient strength or stability or is not so anchored, attached, or fastened in place as to be capable of resisting a normal wind pressure;

(4)Whenever any portion thereof has settled to such an extent that the walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction

(5)Whenever the building or structure, or any part thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause, is likely to partially or completely                collapse, or some portion of the foundation or underpinning is likely to fall or give way;

(6)Whenever for any reason whatsoever the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used;

(7)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 third of the base;

(8)Whenever the building or structure, exclusive of the foundation, shows damage or deterioration to a member or members, or damage or deterioration to a non-supporting, enclosing, or outside wall or covering;

(9)Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or to afford a harbor for vagrants, criminals, or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts;

(10)Any building or structure which has been constructed or which now exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure of the building regulations and the fire code of this city, when so determined and reported by the fire marshal, health officer, or code enforcement officer, or any law or ordinance of this state or city

(11)Whenever a building or structure used, or intended to be used, for dwelling purposes, because of dilapidation, decay, damage, or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation, or is in a condition that is likely to cause sickness or disease when so determined by the health officer, or is likely to work injury to the health, safety and general welfare of those living within;

(12)Whenever the building or structure used or intended to be used for dwelling purposes has light, air, and sanitation facilities inadequate to protect the health, safety, or general welfare of the persons living within;

(13)Whenever any building or structure, by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus, or other cause, is in such condition to be a fire hazard and is so situated as to endanger life or other buildings or properties in the vicinity, or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause;

(14)Whenever any building or structure exists in violation of any provision of the Building Code or Fire Code of the City of Seymour, or other ordinances of the City of Seymour.

 

 

Sec. 3.603 Definitions

Fire Marshal.  This shall mean the fire marshal of the City of Seymour, or his authorized agents, assistants, deputies, or representatives.

Health Officer.  This shall mean the duly appointed health officer of the City of Seymour or his authorized agents, assistants, deputies, or representatives. Code Enforcement Officer.       This shall mean the code enforcement officer of the City of Seymour, or his authorized agents, assistants, deputies, or representatives.

Code Enforcement Officer.  This shall mean the code enforcement officer of the City of Seymour, or his authorized agents, assistants, deputies, or representatives.

Hearing Officer.                This shall mean the city administrator or the city attorney of the City of Seymour, or other person so appointed by the mayor of the City of Seymour.

Sec. 3.604            Notice to Repair, Vacate and Repair, or Demolish

If the fire marshall, health officer, or code enforcement officer finds that any building or structure, or any portion thereof, is a fire hazard or is dangerous and unsafe, he shall prepare a notice, in writing, to such effect, and cause the written notice to be served upon the owner thereof and upon the occupant thereof, if any, by registered mail or by personal service.  Such notice shall state that the building has been determined to be in a dangerous condition and that such dangerous condition must be removed or remedied by repairing or altering the building or by demolishing it, and that the condition must be remedied at once.  Such notice must contain the following:

(1) An identification, which is not required to be a legal description, of the building and the property on which it is located;

(2) A description of the violation of municipal standards that is present at the building;

(3)A statement that the owner will be required to submit at a public hearing, proof of the scope of any work that may be required to comply with the ordinance, and the time that it will take to reasonably perform the work;

(4)A statement that the City of Seymour will vacate, secure, remove, or demolish the building, relocate the occupants of the building if it is determined, after a public hearing, that such an action is warranted;

(5)The time, date, and place at which a public hearing will be held to determine whether the terms of this article have been violated and, further, to consider any plans of the owner to comply with the terms of this article, said public hearing to be at least seven (7) days, but not more than twenty-one (21) days, after said notice has been mailed to the owner or personally delivered to him.

Sec. 3.605            Service and Posting a Notice

(a) The fire marshal, health officer, or code enforcement officer shall cause copies of the notice to be served upon each of the following:  The person, if any, in real or apparent charge or control of the premises involved; the owner of record title; the holder of any mortgage, trust, deed, or other lien or encumbrance of record; the owner or holder of any lease record; the record holder of any other estate or interest in or to the building or structure, or the land upon which it is located.

(b)The notice shall be served personally upon any person entitled thereto if he can be found within the city limits of the City of Seymour.  If any person entitled thereto is not found within the city limits, service shall be made by depositing a copy of said notice in the United States Postal Office, properly enclosed in a sealed envelope, and with the postage thereon fully prepaid.  Said mail shall be registered or certified, return receipt requested, and addressed to the person entitled thereto at the address of such person as it appears on the last assessment tax roll of the City of Seymour, or as known to the fire marshal, health officer, or code enforcement officer.  If no such address appears or is known, then a copy shall be addressed to such a person at the address of the building or structure involved.  Service by registered or certified mail shall be complete on the day of mailing.  The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.

WHEREAS, Providing a penalty for violation of this said ordinance, any person, firm, or corporation violating the provisions of this Ordinance shall be deemed guilty of a separate offense for each day or portion of a day during which any violation hereof shall be committed and conviction of any such violation shall be held punishable by a fine of not less  than One hundred sixty-five ($165.00) and no more than Five hundred dollars ($500.00).

This ordinance shall become effective immediately from and after its passage and publication in accordance with the provisions of state law and it is accordingly so ordained.

Passed and Approved on this the 21st day of February, 2019.

Mayor Pro-Tem Jon Hrncirik

ATTEST:

City Secretary, Conchita Torrez,  TRMC