Ordinance No. 7,717960613 -3
ORDINANCE NO. 7717
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
® CHAPTER 14 "GARBAGE, TRASH AND BRUSH," ARTICLE I "IN GENERAL,"
SECTION 14 -2 "COMPLIANCE WITH PROVISIONS REQUIRED "; REPEALING
CHAPTER 14 "GARBAGE, .TRASH AND _ .BRUSH, ". ARTICLE V
"COMMERCIAL WASTE DISPOSAL," SECTION 14 -28 "ADMINISTRATION
AND ENFORCEMENT "; AMENDING CHAPTER 15 "HEALTH AND
SANITATION," ARTICLE I "IN GENERAL," SECTION 15 -2
"ADMINISTRATION AND ENFORCEMENT "; AMENDING CHAPTER 15
"HEALTH AND SANITATION," ARTICLE IV "PUBLIC HEALTH
NUISANCES," SECTION 15-22 "NOTICE; PROCEDURE TO CURE; OFFENSE
FOR FAILURE TO CURE; PRESUMPTION OF KNOWLEDGE," SUBSECTIONS
(a) AND (b), AND SECTION 15 -23 "CHARGES FOR CITY REMOVAL OF
OFFENDING CONDITIONS "; AMENDING CHAPTER 15 "HEALTH AND
SANITATION," ARTICLE V "STORAGE AND TRANSPORTATION OF NEW
TIRES AND REUSABLE WHOLE USED TIRES," SECTION 15 -30
"TRANSPORTATION AND DISPOSAL OF TIRES," SUBSECTION (a);
AMENDING CHAPTER 18 "MOTOR VEHICLES AND TRAFFIC," ARTICLE IX
"ABATEMENT AND REMOVAL OF JUNKED VEHICLES," SECTION 18 -83
"CHIEF INSPECTOR TO ADMINISTER PROVISIONS; RIGHT OF ENTRY,"
AND SECTION 18 -84 "NOTICE TO ABATE; CONTENTS; SERVICE;
HEARING; DISPOSAL; RECONSTRUCTION "; AMENDING CHAPTER 33
"URBAN REHABILITATION STANDARDS," ARTICLE I "GENERAL
PROVISIONS," SECTION 33 -4 "DEFINITIONS," SUBSECTION (1.1) AND
REPEALING SUBSECTION (10) OF THE SAME; AMENDING CHAPTER 33
"URBAN REHABILITATION STANDARDS," ARTICLE II "ENFORCEMENT,"
SECTION 33 -6 "DUTIES OF CHIEF BUILDING INSPECTOR," SECTION 33 -7
"ENVIRONMENTAL SURVEYS," SECTION 33 -8 "INSPECTION OF
STRUCTURES," SECTION 33 -10 "IDENTIFICATION OF PERSONNEL," AND
SECTION 33 -11 "NOTICE OF VIOLATION "; REPEALING CHAPTER 33
"URBAN REHABILITATION STANDARDS," ARTICLE II "ENFORCEMENT,"
SECTION 33 -12 "NOTICE OF DETERMINATION OF UNFIT STRUCTURE ";
AMENDING CHAPTER 33 "URBAN REHABILITATION STANDARDS,"
ARTICLE II "ENFORCEMENT," SECTION 33 -13 "RECORDING OF NOTICES,"
AND SECTION 33 -14 "DUTIES OF THE LEGAL OFFICER "; AMENDING
CHAPTER 33 "URBAN REHABILITATION STANDARDS," ARTICLE III
"URBAN REHABILITATION STANDARDS REVIEW BOARD," SECTION 33-
17 "JURISDICTION OF THE BOARD," SECTION 33 -20 "APPEALS TO THE
BOARD," SECTION 33 -22 "NOTICE OF VIOLATION," AND SECTION 33 -25
"RECOVERY OF DEMOLITION COSTS "; AMENDING CHAPTER 33 "URBAN
REHABILITATION STANDARDS," ARTICLE VI "SUBSTANDARD
BUILDINGS," SECTION 33 -86.2 "SECURE BUILDING "; AMENDING
CHAPTER 33 "URBAN REHABILITATION STANDARDS," ARTICLE VII
"MISCELLANEOUS PROVISIONS," SECTION 33 -95 "PENALTIES FOR
VIOLATION OF CHAPTER "; AMENDING CHAPTER 33 "URBAN
• REHABILITATION STANDARDS," ARTICLE VIII "MULTIFAMILY
960613 -3a
® "LICENSE DISPLAY," SECTION 33 -103 "VIOLATION; NOTICES; PENALTY,"
SECTION 33 -105 "REDUCTION OF OCCUPANCY LOAD; VACATION OF A
STRUCTURE; PLACING OF PLACARD ON STRUCTURE," SECTION 33 -106
"INSPECTIONS,•REINSPECTIONS AND CERTIFICATE OF OCCUPANCY" OF
THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 14 "Garbage, Trash and Brush," Article I "In General," Section
14 -2 "Compliance with provisions required" of the Code of Ordinances of the City of Baytown,
Texas, is hereby amended to read as follows:
Chapter 14 GARBAGE, TRASH AND BRUSH
ARTICLE I. IN GENERAL
Sec. 14 -2. Compliance with provisions required.
(a) All residential garbage, trash and brush shall be disposed of by the person in charge of the
premises by the methods hereinafter set forth. It shall be unlawful to dispose of residential garbage,
trash or brush in any other manner. A person commits an offense if he places or throws any garbage,
trash or brush on the streets or in the alleys of the city at any time. It is specifically provided that no
person shall throw or place any garbage, trash or brush in any gutter or other drainage facility within
the city. It shall be unlawful for any person to pick from or disturb any garbage, trash, brush, or
special item set out for collection without permission of the person in charge of the premises.
(b) The fire chief, the police chief, as well as directors of public works, health, engineering and
inspections, and planning and conununity development or their respective designees are authorized
to enforce the provisions of this chapter and to make all necessary inspections, issue citations, give
notice, file applicable charges and otherwise cooperate in the enforcement hereunder.
Section 2: That Chapter 14 "Garbage, Trash and Brush," Article V "Commercial Waste
Disposal," Section 14 -28 "Administration and enforcement" of the Code of Ordinances of the City
of Baytown, Texas, is hereby repealed.
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Section 3: That Chapter 15 "Health and Sanitation," Article 1 "In General," Section
®
15 -2 "Administration and enforcement" of the Code-of Ordinances of the City of Baytown,
Texas, is hereby amended to read as follows:
Chapter 15 HEALTH AND SANITATION
ARTICLE I. IN GENERAL
Sec. 15 -2. Administration and enforcement.
The fire chief, police chief and directors of inspection, health, and planning and community
development or their respective designees are authorized to enforce the provisions of this chapter
and to make all necessary inspections, issue citations, give notice, file applicable charges and
otherwise cooperate in the enforcement hereunder.
Section 4: That Chapter 15 "Health and Sanitation," Article IV "Public Health
Nuisances," Section 15 -22 "Notice; procedure to cure; offense for failure to cure; presumption of
knowledge" Subsections (a) and (b) of the Code of Ordinances of the City of Baytown, Texas, is
hereby amended to read as follows:
Chapter 15 HEALTH AND SANITATION
ARTICLE IV. PUBLIC HEALTH NUISANCES
Sec. 15 -22. Notice; procedure to cure; offense for failure to cure; presumption of knowledge.
(a) Whenever conditions described in this article are found to exist, any one person
authorized to enforce the provisions of this chapter pursuant to Section 15-2 hereof shall give actual
notice to the owner, occupant, or person in charge of the offending premises or shall send notice by
first class mail to the last known address of the owner, occupant, or person in charge of the offending
premises. Such notice shall be sufficient if it generally describes the offending premises, gives
notice of the objectionable conditions, advises of the time allowed to cure the conditions, and the
consequences of failure to cure.
(b) The condition shall be deemed cured when the offending premises is cleaned up and,
within ten (10) days after the mailing of the notice described in subsection (a) hereof, a receipt
showing proof of proper disposal at an approved solid waste site has been delivered to the person
who sent the notice of the offending condition(s) . The receipt must contain the date, time, amount
disposed of, cost of disposal, and name of the approved solid waste site where the objectionable
materials were taken.
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Section 5: That Chapter 15 "Health and Sanitation," Article IV "Public Health
Nuisances," Section 15 -23 "Charges for city removal of offending conditions" of the Code of
Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
Chapter 15 HEALTH AND SANITATION
ARTICLE IV. PUBLIC HEALTH NUISANCES
Sec. 15 -23. Charges for city removal of offending conditions.
On failure to comply with the notice as set out in section 15 -22 within ten (10) days, the city
may enter onto such premises to remove and eliminate such offending conditions, in addition to the
filing of any applicable charges. The owner of such premises will be charged the actual costs of such
removal and elimination plus an administrative charge of one hundred dollars ($100).
Section 6: That Chapter 15 "Health and Sanitation," Article V "Storage and
Transportation of New Tires and Reusable Whole Used Tires," Section 15 -30 "Transportation and
disposal of tires" Subsection (a) of the Code of Ordinances of the City of Baytown, Texas, is hereby
amended to read as follows:
Chapter 15 HEALTH AND SANITATION
ARTICLE V. STORAGE AND TRANSPORTATION OF NEW TIRES AND REUSABLE
WHOLE USED TIRES
Sec. 15 -30. Transportation and disposal of tires.
(a) Persons who are not classified as a generator of new, scrap or used tires, or a transporter
of tires, may deliver tires to an approved facility (ie. storage site, disposal site, waste tire facility or
other processing facility), but the tire(s)' disposal must be documented by receipt or manifest from
the approved delivery site. This record must be made available for inspection upon request.
Section 7: That Chapter 18 "Motor Vehicles and Traffic," Article IX "Abatement and
Removal of Junked Vehicles," Section 18 -83 "Chief inspector to administer provisions; right of
entry" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as
follows:
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• Chapter 18 MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. ABATEMENT AND REMOVAL OF JUNKED VEHICLES
See. 18 -83. Administration; right of entry.
(a) The directors of health, engineering and inspection, and planning and community
development and their respective designees, who are regularly salaried, full -time employees, are
hereby designated as the administrators of the provisions of this article; except that the removal of
vehicles or parts thereof from property, public or private, may be by any person authorized to do so
by the the above -named directors.
(b) Persons authorized in subsection (a) hereof to administer this article may enter upon
private property for the purposes specified in this article to examine vehicles or parts thereof, to
obtain information as to identification of vehicles, and to remove or cause the removal of a vehicle
or parts thereof declared to be a nuisance pursuant to this article.
Section 8: That Chapter 18 "Motor Vehicles and Traffic," Article 1X "Abatement and
Removal of Junked Vehicles," Section 18 -84 "Notice to abate /contents; service; hearing; disposal;
reconstruction" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read
as follows:
Chapter 18 MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. ABATEMENT AND REMOVAL OF JUNKED VEHICLES
Sec. 18 -84. Notice to abate; contents; service; hearing; disposal; reconstruction.
(a) Whenever any such public nuisance exists in the city, a person authorized in Section 18-
83 to administer and enforce the provisions herein shall send written notice by certified mail, with
a return receipt requested, to the owner or occupant of the private premises, or private premises
adjacent to the public right -of -way upon which such public nuisance exists. Such notice shall state:
(1) The nature of the public nuisance;
(2) That the nuisance must be removed or abated within ten days of receipt of said
notice;
(3) That the recipient of the notice may request a public hearing within ten (10) days of
receipt of the notice. Such hearing shall be held before the judge of the municipal
court of the City of Baytown. At such hearing it shall be presumed that the vehicle
is inoperable, unless otherwise demonstrated by the owner.
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(b) Such notice shall also be sent to the last known registered owner of the junked motor
® vehicle and any lien holder of record.
(c) If the postal address of the. last known registered.owner.of the junked vehicle is unknown,
then notice to the last known registered owner shall be placed on the motor vehicle.
(d) If any notice is returned undelivered by the U.S. Post Office, official action to abate the
nuisance shall be continued to a date not less than ten (10) days after the date of return.
(e) No vehicle which has been removed by the city or on behalf of the city under this article
may be reconstructed or made operable after it has been removed.
(f) Any order requiring the removal of the vehicle or vehicle part must include a description
of the vehicle or vehicle part and the correct identification number and license number of the vehicle
if such information is available at the site.
(g) Any vehicle which is found to be a public nuisance under this article and which is ordered
to be removed and abated shall not be considered to be abated until such time as the vehicle is
removed to an authorized location or restored to such a condition that it no longer constitutes a
public nuisance under the provisions of this article.
(h) If no hearing is requested within the time provided in this article, or if a hearing is held
and the hearing officer orders that the vehicle be removed and the owner of the vehicle or occupant
of the premises shall fail to comply with an order of the court to remove the vehicle, then the director
of health, engineering and inspection, or planning and community development or his respective
designees shall cause the vehicle to be removed and disposed of in accordance with the provisions
of this article.
(i) In the event that a hearing is requested and upon order by the judge of the municipal court
of the City of Baytown, or other hearing officer designated of the city council of the City of
Baytown, that a junked vehicle be removed as a public nuisance, the director of health, engineering
and inspection, or planning and community development or his respective designees shall cause such
junked vehicle to be removed from the premises where it is located at the time.
0) Upon such removal the director of health, engineering and inspection, or planning and
community development or his respective designees shall cause said junked vehicle to be transported
to a scrapyard, demolisher, or other suitable site where the junked vehicle shall be disposed of as
scrap or salvage.
(k) The director of health, engineering and inspection, or planning and community
development or his respective designees may enter private property to examine a vehicle or vehicle
part, obtain information as to the identity of the vehicle or vehicle part, and to remove or cause the
removal of a vehicle or vehicle part that constitutes a nuisance. The judge of the municipal court of
the City of Baytown may issue orders necessary to enforcement of this section.
C
• (1) Upon removal of a junked vehicle under the provisions of this article, a person authorized
to enforce this article shall cause notice to be sent to the State Department of Highways and Public
Transportation not later than five (5) days after the date of removal. Such notice shall identify the
vehicle and shall request.the_department to cancel the certificate of title to the vehicle.
(m) The city manger or his designee or the chief of police may arrange for or employ such
assistance or means as is necessary to carry out the duties herein prescribed.
(n) The regularly salaried, full -time employees of the City of Baytown authorized to enforce
this article may issue citations for violations of the provisions of this article.
Section 9: That Chapter 33 "Urban Rehabilitation Standards," Article I "General
Provisions," Section 33 -4 "Definitions," Subsection (1.1) of the Code of Ordinances of the City of
Baytown, Texas, is hereby amended to read as follows:
Chapter 33 URBAN REHABILITATION STANDARDS
ARTICLE I. GENERAL PROVISIONS
Sec. 33 -4. Definitions.
(1.1) Administrators: The chief building inspector or his designee and such other persons
who may be designated by the city manager.
Section 10: That Chapter 33 "Urban Rehabilitation Standards," Article I "General
Provisions," Section 33 -4 "Definitions," Subsection (10) of the Code of Ordinances of the City of
Baytown, Texas, is hereby repealed.
Section 11: That Chapter 33 "Urban Rehabilitation Standards," Article II "Enforcement,"
Section 33 -6 "Duties of chief building inspector," of the Code of Ordinances of the City of Baytown,
Texas, is hereby amended to read as follows:
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Chapter 33 URBAN REHABILITATION STANDARDS
ARTICLE II. ENFORCEMENT
Sec. 33 -6. Authorized persons to enforce chapter.
The administrators are hereby authorized and directed to enforce any and all provisions of
this chapter and to make all necessary inspections, issue citations, give notice, file applicable charges
and otherwise cooperate in the enforcement hereunder.
Section 12: That Chapter 33 "Urban Rehabilitation Standards," Article II "Enforcement,"
Section 33 -7 "Environmental surveys," of the Code of Ordinances of the City of Baytown, Texas,
is hereby amended to read as follows:
Chapter 33 URBAN REHABILITATION STANDARDS
ARTICLE II. ENFORCEMENT
Sec. 33 -7. Environmental surveys.
The administrators shall have the authority to make or cause to be made surveys in any area
of the city to determine the general conditions of structures, the extent of deterioration, lack of
facilities, maintenance, unsafe and insanitary conditions, the extent of overcrowding, land use, and
other relevant factors necessary to implement the purposes of this chapter.
Section 13: That Chapter 33 "Urban Rehabilitation Standards," Article II "Enforcement,"
Section 33 -8 "Inspection of structures," of the Code of Ordinances of the City of Baytown, Texas,
is hereby amended to read as follows:
Chapter 33 URBAN REHABILITATION STANDARDS
ARTICLE II. ENFORCEMENT
Sec. 33 -8. Inspection of structures.
All administrators shall be authorized to make or cause to be made inspections to determine
the condition of any structure and premises in order to safeguard the health, safety, morals, and
welfare of the public. All administrators shall be authorized to enter any structure or premises at any
reasonable time.
•
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® Section 14: That Chapter 33 "Urban Rehabilitation Standards," Article II "Enforcement,"
Section 33 -10 "Identification of personnel," of the Code of Ordinances of the City of Baytown,
Texas, is hereby amended to read as follows:
Chapter 33 URBAN REHABILITATION STANDARDS
ARTICLE II. ENFORCEMENT
Sec. 33 -10. Identification of personnel.
Administrators shall be supplied with official identification and upon request shall exhibit
such identification when entering any structure or premises.
Section 15: That Chapter 33 "Urban Rehabilitation Standards," Article II "Enforcement,"
Section 33 -11 "Notice of violation," of the Code of Ordinances of the City of Baytown, Texas, is
hereby amended to read as follows:
Chapter 33 URBAN REHABILITATION STANDARDS
ARTICLE II. ENFORCEMENT
See. 33 -11. Notice of violation.
Whenever an administrator determines that there has been a violation or that there are
reasonable grounds to believe that there has been a violation or alleged violation of this chapter or
any rule or regulation adopted pursuant thereto, he shall give notice of such violation or alleged
violation to the person or persons responsible for such violation. Such notice shall be in writing and
shall specify the alleged violation and shall provide a reasonable time for compliance.
Section 16: That Chapter 33 "Urban Rehabilitation Standards," Article II "Enforcement,"
Section 33 -12 "Notice of determination of unfit structure," of the Code of Ordinances of the City of
Baytown, Texas, is hereby repealed.
Section 17: That Chapter 33 "Urban Rehabilitation Standards," Article II "Enforcement,"
Section 33 -13 "Recording of notices," of the Code of Ordinances of the City of Baytown, Texas, is
hereby amended to read as follows:
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® Chapter 33 URBAN REHABILITATION STANDARDS
ARTICLE II. ENFORCEMENT
Sec. 33 -13. Recording of notices.
Whenever a notice or order has been issued for any infraction of this chapter, an
administrator may file a copy of such notice or order in the office of the county clerk to be filed in
the deed records. Such recording shall constitute sufficient notice of the impending action to any
subsequent purchaser, transferee, grantee, mortgagee, or lessee of the property affected.
Section 18: That Chapter 33 "Urban Rehabilitation Standards," Article II "Enforcement,"
Section 33 -14 "Duties of the legal officer," of the Code of Ordinances of the City of Baytown, Texas,
is hereby amended to read as follows:
Chapter 33 URBAN REHABILITATION STANDARDS
ARTICLE II. ENFORCEMENT
Sec. 33 -14. Duties of the legal officer.
The city attorney shall upon complaint of the head of the department of any of the
administrators or upon his own motion, institute appropriate action to restrain, prevent, enjoin, abate,
correct, or remove such violation and to take such other legal action as is necessary to carry out the
terms and provisions of this chapter. The remedies provided for herein shall be cumulative and not
exclusive and shall be in addition to any other remedies provided by law; any and all remedies may
be pursued concurrently or consecutively, and the pursuit of any remedy shall not be construed as
an election or the waiver of the right to pursue any and all of the others.
Section 19: That Chapter 33 "Urban Rehabilitation Standards," Article III "Urban
Rehabilitation Standards Review Board," Section 33 -17 "Jurisdiction of the board," of the Code of
Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
Chapter 33 URBAN REHABILITATION STANDARDS
ARTICLE III. URBAN REHABILITATION STANDARDS REVIEW BOARD
Sec. 33 -17. Jurisdiction of the board.
When in its judgment, the public convenience, health, welfare, safety, or morals will be
substantially served and the appropriate use of the neighboring property will not be substantially or
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permanently injured, the board may in specific cases after public notice and public hearing and
subject to appropriate conditions and safeguards authorize the following variances and special
exceptions to the regulations herein established and take action relative to the continuance or
discontinuance of blighted, -deteriorated, obsolete-and substandard structures within the meaning of
this chapter.
(a) To hear and decide appeals where it is alleged there is any error on any order,
requirement, decision, or determination made by an administrator or consider on its
own motion plans, surveys and specifications for any proposed repair of structures
coming under the board's jurisdiction.
(b) Permit the repair of substandard structures subject to certain requirements pertaining
to the structure or premises as may be deemed necessary to protect adjoining property
owners.
(c) Require the vacation of structures deemed to be unfit for human use or habitation as
provided in this chapter.
(d) Require the demolition of structures deemed to be substandard and unfit for human
use and habitation as provided in this chapter.
(e) A variance may be granted when the literal interpretation of this chapter would result
in an unreasonable or unnecessary hardship.
Section 20: That Chapter 33 "Urban Rehabilitation Standards," Article III "Urban
Rehabilitation Standards Review Board," Section 33 -20 "Appeals to the board," of the Code of
Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
Chapter 33 URBAN REHABILITATION STANDARDS
ARTICLE III. URBAN REHABILITATION STANDARDS REVIEW BOARD
See. 33 -20. Appeals to the board.
Appeals to the board can be taken by any person aggrieved or by an officer, department, or
board of the municipality affected by any decision of an administrator. Such appeal shall be taken
within ten (10) days after the decision of an administrator has been rendered by filing in the office
of the chief building inspector or his designee a notice of appeal specifying the grounds thereof. The
chief building inspector or his designee shall cause all documents constituting the records upon
which the action was appealed from to be forwarded to the board.
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Section 21: That Chapter 33 "Urban Rehabilitation Standards," Article III "Urban
® Rehabilitation Standards Review Board," Section 33 -22 "Notice of violation," of the Code of
Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
Chapter 33 URBAN REHABILITATION STANDARDS
ARTICLE III. URBAN REHABILITATION STANDARDS REVIEW BOARD
Sec. 33 -22. Notice of determination of unfit, obsolete, dilapidated or substandard structure and
of public hearing; burden of proof, orders; time period to comply; failure to comply.
(a) Whenever an administrator has taken all necessary steps prescribed under this chapter and
has not been successful in requiring compliance on structures that are unfit for human use or
habitation or that are obsolete, dilapidated, or substandard, he shall issue a notice of the violation to
the board, together with the owner of such structure, and each lienholder and/or mortgagee. Such
notice of violation shall also be sent to all unknown owners, lienholders, or mortgagees, 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 door as practicable. The notice shall provide for a public hearing and must state that
the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of
any work that may be required to comply with the ordinances of the city and the time it will take to
reasonably perform the work. Such notice shall also state 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 office of the county clerk, a legal description of the affected property, and a description
of the hearing. Such notice shall be mailed and posted on or before the tenth (10th) day before the
date of the hearing before the board.
(b) In a public hearing under this section, the owner, Iienholder, or mortgagee has the burden
of proof to demonstrate that the building is in compliance with the ordinances of the city and/or the
scope of any work that may be required to comply with the ordinances and the time it will take to
reasonably perform the work.
(c) After the public hearing, if a building is found in violation of standards set out in the
ordinances of the city, the board may issue an order requiring that the building be vacated, secured,
repaired, removed, or demolished by the owner within a reasonable time and that the occupants be
relocated within a reasonable time by the owner. The order shall also provide for an additional
reasonable time for the ordered action to be taken by any of the mortgagees or lienholders in the
event the owner fails to timely comply with the order.
(d) The board shall require the owner, lienholder, or mortgagee of the building to secure the
building from unauthorized entry and/or repair, remove, or demolish the building within thirty (30)
days, unless the owner, lienholder, or mortgagee establishes at the hearing that the work cannot
reasonably be performed within such time frame. If the board allows the owner, lienholder, or
mortgagee more than thirty (30) days to repair, remove, or demolish the building, the board shall
establish specific time, schedules for the commencement and performance of the work and shall
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require the owner, lienholder, or mortgagee to secure the property in a reasonable manner from
unauthorized entry while the work is being performed. The board shall not allow more than ninety
(90) days to repair, remove, or demolish the building or fully perform all work required to comply
with the order, unless. the_ owner,.lienholder, or mortgagee submits..a..detailed plan.and time schedule
for the work at the hearing and establishes at the hearing that the work cannot reasonably be
completed within ninety (90) days because of the scope and complexity of the work. Further, if the
board allows more than ninety (90) days to complete any part of the required work, the board shall
require the owner, lienholder, or mortgagee to regularly submit progress reports to the administrator
to demonstrate that the work is being performed in compliance with the established time schedules
for the commencement and performance of the required work. The order may require that the owner,
lienholder, or mortgagee appear before the board or the board's designee to demonstrate compliance
with the time schedules.
(e) After the hearing, the administrator who initiated the proceeding before the board or his
designee shall promptly mail, by certified mail, return receipt requested, a copy of the order to the
owner of the building, and to any lienholder or mortgagee of the building. No notice to the
mortgagee or lienholder, other than a copy of the order, shall be required.
(f) Within ten (10) days after the order is issued by the board, the administrator who initiated
the proceeding before the board or his designee shall file a copy of the order in the office of the city
clerk and publish in a newspaper of general circulation in the municipality a notice containing 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.
(g) If the building is not vacated, secured, repaired, removed, or demolished, or the occupants
are not relocated within the allotted time, an administrator, after advertising for bids (if required),
may vacate, secure, remove, or demolish the building, or relocate the occupants.
Section 22: That Chapter 33 "Urban Rehabilitation Standards," Article III "Urban
Rehabilitation Standards Review Board," Section 33 -25 "Recovery of demolition costs," of the Code
of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
Chapter 33 URBAN REHABILITATION STANDARDS
ARTICLE III. URBAN REHABILITATION STANDARDS REVIEW BOARD
Sec. 33 -25. Recovery of demolition costs.
The expenses of demolition incurred pursuant to section 33 -22 of this chapter shall be paid
by the owner of the affected premises. The inspection department shall keep an accurate record of
the demolition costs along with a record of any salvage recovered and forward this information to
the office of the tax collector of the City of Baytown for his collection. The entire cost of demolition,
less any salvage recovery shall be levied, assessed and collected by the tax office, on or before the
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date the ad valorem taxes are due and failure to so pay by the property owner will constitute a
misdemeanor. In the event that such charges are not paid when due, the collector of taxes of the City
of Baytown will file with the county clerk of Harris County, Texas, a sworn statement by the chief
building inspector setting out the expenses that the.City of Baytown.has.incurred pursuant to section
33 -22 of this chapter, and the City of Baytown shall thereby perfect a privileged lien on the property
involved, second only to tax liens and liens for street improvements, together with ten percent (10 %)
interest from the date such payment was due.
Section 23: That Chapter 33 "Urban Rehabilitation Standards," Article VI "Substandard
Buildings," Section 33 -86.2 "Secure building," of the Code of Ordinances of the City of Baytown,
Texas, is hereby amended to read as follows:
Chapter 33 URBAN REHABILITATION STANDARDS
ARTICLE VI. SUBSTANDARD BUILDINGS
Sec. 33 -86.2. Secure building.
Whenever conditions described in this chapter are found to exist, an administrator 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.
Section 24: That Chapter 33 "Urban Rehabilitation Standards," Article VII
"Miscellaneous Provisions," Section 33 -95 "Penalties for violation of chapter," of the Code of
Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
Chapter 33 URBAN REHABILITATION STANDARDS
ARTICLE VII. MISCELLANEOUS PROVISIONS
Sec. 33 -95. Penalties for violation of chapter.
Any person who knowingly and willfully violates any provision of this chapter shall upon
conviction be subject to a fine of not more than two thousand dollars ($2,000). Each day that such
violation is permitted to continue shall constitute a separate offense. The term, person, as used in this
section shall include the owner, occupant, mortgagee, or vendee in possession, assignee or rents,
receiver, executor, trustee, lessee, agent, or any other person, firm, or corporation directly or
indirectly in control of a building or part thereof.
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® Section 25: That Chapter 33 "Urban Rehabilitation Standards," Article VIII "Multifamily
Dwellings," Section 33- 101 "License application," of the Code of Ordinances of the City of
Baytown, Texas, is hereby amended to read as follows:
Chapter 33 URBAN REHABILITATION STANDARDS
ARTICLE VIII. MULTIFAMILY DWELLINGS
Sec. 33 -101. License application.
It shall be unlawful for any person to own, operate, manage or maintain any multifamily
dwelling without a current and valid license having been issued for said multifamily dwelling. Any
person owning or operating, managing or maintaining a multifamily dwelling at more than one
location shall obtain a license for each separate location.
An owner or the owner's authorized representative of a multifamily dwelling shall file with
the chief building official the tradename of his multifamily dwelling, and it shall be unlawful for any
person to use or permit to be used a tradename without having such name on file with the chief
building official.
An applicant for a license shall file with the chief building official a written application, on
the form provided for that purpose, signed by the owner or the multifamily dwelling manager.
Should an applicant own a multifamily dwelling at more than one location, separate application will
be filed for each location. The following information shall be required in the application:
(1) Name, address, telephone number of owner, multifamily dwelling manager,
mortgagee (if there is a mortgage against property); tradenames of the multifamily
dwelling; names and addresses of all registered agents in case the parties above -
named are corporations; number of dwelling units broken down as number of
efficiencies, one (1) bedroom, two (2) bedrooms, three (3) bedrooms, and four (4)
bedrooms; habitable space in each unit; habitable space in each bedroom,
acknowledgment of receipt of copy of this article of Chapter 33 of the Code of
Ordinances of the City of Baytown, and an agreement to abide by the same as a
condition of receiving /maintaining a license.
(2) All licenses expire one year after date of issuance.
(3) Upon changing ownership of the multifamily dwelling, a new license shall be
obtained within thirty (30) days of the change with the fee charged on a prorated
basis. The owner shall notify the city within thirty (30) days of the change of
ownership, multifamily dwelling manager, or resident manager.
(4) License. The annual fee for a license including any reinstatement or license renewal
under this article is one dollar ($1.00) per unit, with a minimum of twenty -five
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dollars ($25.00) per multifamily dwelling. The fee for license issued during the year
® should be prorated on the basis of a whole month. The fee for issuance or
replacement for lost, destroyed, or mutilated license is five dollars ($5.00).
(5) The owner shall designate thereon a natural person who shall be the agent for
purposes of notice and other communications allowed under this article.
(6) The owner shall present evidence that the multifamily dwelling complex has been
sprayed and treated for insects, rodents, and vermin by a certified person, licensed
under the Texas Structural Pest Control Act, within the preceding six (6) months.
(7) The owner must certify that all dwelling units are equipped with a smoke detector
device in proper working order.
Section 26: That Chapter 33 "Urban Rehabilitation Standards," Article VIII "Multifamily
Dwellings," Section 33 -102 "License display," of the Code of Ordinances of the City of Baytown,
Texas, is hereby amended to read as follows:
Chapter 33 URBAN REHABILITATION STANDARDS
ARTICLE VIII. MULTIFAMILY DWELLINGS
Sec. 33 -102. License display.
License display replacement and transferability.
(a) Each license issued pursuant to this article shall be posted and displayed in the
multifamily dwelling office or a conspicuous place to which occupants have access.
(b) A replacement license may be issued for one lost, destroyed or mutilated upon
application on the form provided by the chief building official. A replacement license
shall have the word "replacement" stamped across the face and shall bear the same
number as the one it replaces.
(c) A multifamily dwelling license is not assignable or transferable.
(d) The form of the license shall be prepared by the chief building official.
Section 27: That Chapter 33 "Urban Rehabilitation Standards," Article VIII "Multifamily
Dwellings," Section 33 -103 "Violation; notices; penalty," of the Code of Ordinances of the City of
Baytown, Texas, is hereby amended to read as follows:
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Chapter 33 URBAN REHABILITATION STANDARDS
ARTICLE VIII. MULTIFAMILY DWELLINGS
Sec. 33 -103. Violation; notices; penalty.
(a) When an administrator determines there is a violation of this article or any rule or
regulation adopted pursuant to this article, before issuing a citation to municipal court, he shall give
notice of the violation to the person responsible or designated agent. The notice must be in writing,
specifying the alleged violation and providing a reasonable time for compliance.
(b) If the owner of the property resides outside Harris County, an administrator may give
notice to the multifamily dwelling manager. Upon receipt of notice of a violation, the multifamily
dwelling manager shall notify the owner of the specifics of the notice of violation within ten (10)
days. The owner and the multifamily dwelling manager shall be equally responsible for corrections
of the violations.
(c) After notice, a person who knowingly continues to violate a provision of this article, or
fails to perform an act required of him by this chapter, commits an offense.
(d) A person who violates a provision of this article is guilty of a separate offense for each
day or portion of a day during which the violation is committed, continued, or permitted, and each
offense is punishable by a fine of not more than two thousand dollars ($2,000).
Section 28: That Chapter 33 "Urban Rehabilitation Standards," Article VIII "Multifamily
Dwellings," Section 33 -105 "Reduction of occupancy load; vacation of a structure; placing of
placard on structure," of the Code of Ordinances of the City of Baytown, Texas, is hereby amended
to read as follows:
Chapter 33 URBAN REHABILITATION STANDARDS
ARTICLE VIII. MULTIFAMILY DWELLINGS
Sec. 33 -105. Reduction of occupancy load; vacation of a structure; placing of placard on
structure.
(a) An administrator shall, by certified mail, return receipt requested, send to the last known
address of the owner or multifamily dwelling manager, lessor and resident of the structure, giving
notice of a hearing to consider:
(1) Reduction of occupancy load of a structure or a portion of a structure that is
overcrowded;
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(2) Vacation of a structure or. portion of a structure that is unsanitary or unsafe and,
® therefore, presents a danger to the health, safety, or welfare of occupants.
(b) An administrator may place or cause..to be-placed a.placard on a structure.or.dwelling
unit that is unsanitary or unsafe warning of its dangerous condition. A person commits an offense
if
(1) Without authority from the chief building official, he removes or destroys a placard
placed by an administrator;
(2) He occupies a vacant structure or dwelling unit on which an administrator has placed
a placard; or
(3) As owner or operator of a structure or dwelling unit, he authorizes a person to occupy
a vacant structure of dwelling unit on which an administrator has placed a placard.
(c) A public hearing to consider reduction of occupancy load or vacation of a structure shall
be held before the board at least (10) days after receipt of a notice by the owner, lessor, and residents
or at least five (5) days after the notice is returned undelivered. A hearing may be initiated by anyone
having evidence of overcrowding and signing a complaint form provided by an administrator. The
complainant shall present evidence of the overcrowded conditions of the structure and the owner,
lessor, or resident may present evidence.
(d) The board shall order reduction of the occupancy load if it finds the structure or dwelling
unit is overcrowded or vacation of a structure or dwelling unit if it finds the structure is dangerous
to the health, safety, or welfare of the residents. Notice of the order to reduce the occupancy load or
to vacate shall be given to the residents and the owner, and the order shall be filed in the deed
records of Harris County. If any party is aggrieved by the decision of the board, he may appeal the
decision to state district court within ten (10) days of the entry of the decision where the matter will
be tried de novo.
(e) Each resident of a structure or dwelling unit that has been ordered vacated shall vacate
the structure or dwelling unit within a specified time which is determined by the board. No person
shall occupy a structure or dwelling unit that has been ordered vacated. The residents of a structure
or dwelling unit that has been ordered reduced in occupancy load shall reduce the occupancy to the
number ordered within the time specified by the board.
(f) A structure or dwelling unit is overcrowded if the following standards are not met:
(1) Floor space per person. Each structure or dwelling unit shall contain at least one
hundred fifty (150) square feet of habitable floor space for the first occupant and at
least one hundred (100) feet of additional habitable floor space for each additional
occupant.
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(2) Sleeping space per person. In each structure or dwelling unit of two (2) or more
rooms, each room occupied for sleeping purposes by one occupant shall contain at
least seventy (70) square feet of floor space, and every room occupied for sleeping
..purposes by more than one. person _shall.contain at.least fifty (50).square.feet of floor
space for each occupant.-
(3) Special provisions. Children under twelve (12) months of age shall not be considered
occupants.
Section 29: That Chapter 33 "Urban Rehabilitation Standards," Article VIII "Multifamily
Dwellings," Section 33 -106 "Inspections, reinspection and certificate of occupancy," of the Code
of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
Chapter 33 URBAN REHABILITATION STANDARDS
ARTICLE VIII. MULTIFAMILY DWELLINGS
Sec. 33 -106. Inspections, reinspection and certificate of occupancy.
(a) The owner or multifamily dwelling manager of a multifamily dwelling shall consent and
agree to permit and allow an administrator to annually inspect all dwelling units in the multifamily
dwelling complex. An administrator and the owner, or multifamily dwelling manager may agree on
a reasonable date and time for each annual inspection.
(b) In the event any of the inspections authorized in this article require a third inspection due
to noted violations, then a one hundred dollar ($100.00) reinspection fee shall be paid prior to the
second reinspection.
(c) The board has the following additional powers and duties: To hear an appeal of any
decision of an administrator, upon the filing, at the office of the city manager within five (5) working
days of such decision, a written appeal on a form supplied by the chief building official.
Section 30: 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 31: If any provision, section, exception, subsection, paragraph, sentence, clause
or phrase of this ordinance or the application of same to any person or the 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 provisions of this ordinance are declared to be severable.
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960613 -3s
Section 32: This ordinance shall take effect from and after ten (10) days from its passage
by the City Council. The City Clerk 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 13th day of June, 1996.
PETE C. ALFAR , Mayor
ATTEST:
EILEEN P. RALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, S . ity Attorney
c:klh 15 \council \ordinance \codeenfo.ord
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