Ordinance No. 4,810Published: THE B\YIOW0 SUN
Tuesday, Sept. 29, 1987
Wednesday, Sept. 30, 1987
7O924-6
ORDINANCE NO' 4810
=~ AN ORDINANCE AMENDING CHAPTER 33, ^URBAN REHABILITATION
STANDARDS, " OF THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN BY AMENDING SECTION 33-B3, "DESIGNATION OF UNFIT
STRUCTURES," AND SECTION 33-86° "VACATED DWELLING MADE
SECURE;" PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWM,
TEXAS:
Section 1: That Section 33-83 o+ the Code of Ordinances of
the City of Baytown, is hereby amended to read as follows:
Section 33-83. Designation of unfit structures.
Any structure having any of the defects found in
sections 33-83.1, 33-83'2, 33-83.31 and 33-83.4 are
deemed unfit for human habitation or use and shall be
so placarded.
Sec. 33-83.1. The structure lacks illumination*
ventilation, sanitation, heat" or other facilities
adequate to protect the health and safety of the
occupants or the public.
Sec. 33-83.2. The structure is damaged, decayed,
dilapidated, insanitary, unsafe, or vermin-infested
-in such a manner as to create a serious hazard to
the health and safety of the occupants or the
public.
Sec. 33-83.3. The
location, general conditicu
or number of occupants,
overcrowded, or otherwise
safety that it creates
occupants or the pubIic'
structure, because of the
is, state of the premises~
is so insanitary, unsafe,
detrimental to health and
a serious hazard to the
Sec' 33-83.4. The structure is open, unguarded,
and or unprotected from unauthorized entry and has
not been occupied for a period of fifteen (15) days.
Section 2: That Section 33-86 of the Code of Ordinances of
the City of Baytown, is hereby amended to read as follows:
Section 33-86. Residential and small non-residential
vacated building made secure.
The owner, agent* or operator of any structure
which has been designated as unfit for human habitation
E
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or use and vacated pursuant to any order by the Urban
Rehabilitation Standards Boards shall make such
structure safe and secure in whatever manner the board
may require. Any vacant building open at the doors and
windows, if unguarded, shall be deemed dangerous to
® human life and a nuisance within the meaning of these
provisions.
Sec. 3.):3 -86.1. Residential and small non-
residential vacated building securing procedures and
specification.
Every residential and small non - residential
vacated building shall be secured from
unauthorised entry by the placing of exterior -
grade plywood with a minimum thickness of three -
quarters inch (3/4 ") fitted to the inside border
of each opening, secured with galvanized screws,
at least one and one -half inches (1 1/2 ") in
length, set on ten inch (10 ") centers. Such
plywood coverings shall be caulked as required to
form a proper weather seal. The plywood
coverings shall be painted to match the trim of
the structure.
Sec. 33 -86.2. Secure building.
® Whenever conditions described in this chapter
are found to exist, the chief building inspector
shall give actual notice to the owner of the
offending premises or shall send notice by first
class mail to the last known address of the owner
of the offending premises. Such notice shall be
sufficient if it generally describes the
offending premises, gives notice of the
objectionable condition, advises of the time
allowed to cure the conditions, and the
consequences of failure to cure.
Sec. 33-86.3. Charges for city removal of
offending conditions.
On failure to comply with the
notice as set
out in section 33.86. 2 within ten
(10) days, the
city shall enter onto such premises
and shall
secure the building and eliminate
such offending
conditions, in addition to the
filing of any
applicable charges. The owner of
such premises
®
will be charged the actual
cost of such
elimination procedures, plus an
administrative
charge of fifty (50) per cent of the
actual cost,
such administrative charge to be
not less than
twenty -five dollars ($25.00) nor
more than one
hundred dollars ($100.00) .
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® Sec. 33- 86.4. City to have lien on property
until charges are paid.
Until all such charges as described in section
® 33-86.3 are paid, such property shall be subject
to a lien in favor of the city. Such lien shall
be superior to all other liens except tax liens
and liens for street improvement, and shall
accrue interest at the rate of ten (10) per cent
per annum.
Section: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby
repealed; provided however, that such repeal shall be only to the
extent of such inconsistency and in all other respects this
ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
Section 9 if any provisions, section, exception,
subsection, paragraph, sentence, clause or phrase of this
ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional,
void or invalid, such invalidity shall not affect the validity of
the remaining provisions of this ordinance or their application
to other persons or sets of circumstances and to this end all
0 provisions of this ordinance are declared to be severable.
Section 4: This ordinance shall take effect from and after
ten (1O) days from its passage by the City Council. The City
Clergy: is hereby directed to give notice hereof by causing the
caption of this ordinance to be published in the official
newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 24th day of
September, 1987.
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METT 0. HUTTC, Mayor
ATTEST:
EILEEN P. HALL City Clerk
EANOALL B. STROi`�i6, Ci ttorney
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