Ordinance No. 8,794Published in The Baytown Sun: 20000113 -3
Thursday, January 20, 2000, and
Friday, January 21, 2000.
ORDINANCE NO. 8794
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER
18 "BUILDINGS AND BUILDING REGULATIONS"; ARTICLE II `BUILDING
CONSTRUCTION STANDARDS"; DIVISION 4 "BUILDING AND DEVELOPMENT
PERMITS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY ADDING A
NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 18 -129
"DEMOLITION"; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED
AND N01100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION
AND THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 18 "Buildings and Building Regulations "; Article II "Building
Construction Standards "; Division 4 "Building and Development Permits" of the Code of Ordinances,
Baytown, Texas, is hereby amended by adding a new section to be numbered and entitled Section 18 -129
"Demolition," which section reads as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE IL BUILDING CONSTRUCTION STANDARDS
DIVISION 4. BUILDING AND DEVELOPMENT PERMITS
Sec. 18 -129. Demolition.
(a) The chief building official shall order the owner of any premises upon which is located any
structure which has never received a certificate of occupancy and on which there has been a
cessation of normal construction for a period of more than two years as determined by the chief
building official, to raze and remove such structure. Such structure is declared to be a public
nuisance.
(b) The written demolition order issued by the chief building official shall be sent to the owner and
each
lienholder and mortgagee and shall afford the owner along with each lienholder and
mortgagee at least 30 days but no more than 60 days to raze and remove the affected structure.
The order must clearly communicate the following ini — - -
1.
the name of the owner whose structure is ord€
2.
a description of the structure and the property
3.
the address where the structure is located; j
4.
the reason for the demolition order;
5.
the date of the issuance of the order;
6.
the day and time on which the city may raze;
comply with the order;
7.
the owner's, lienholder's and mortgagee's r r
contest the demolition order; i
8.
the written request necessary for such a heari >�}
9.
the date by which the owner and each lienhoraer anu
®
the hearing in order to receive it, which deadline may be no sooner than 20 days from the
date the the
of receipt of order; and
20000113 -3a
0 9. the basis on which an appeal may be requested, namely that the true intent of this section
has been incorrectly interpreted.
(c) If, after the chief building official has complied with the notice requirements as described in
subsection (b), the owner or any lienholder and mortgagee do not request a hearing for review of
the demolition order within the specified time, the demolition order shall be deemed final.
(d) If a hearing to review the demolition order is requested, the hearing shall be presided over by the
construction board of adjustments and appeals. At the hearing, the owner and each lienholder and
mortgagee shall be given the opportunity to be heard, to present testimony from other persons, to
admit documents, and to confront and cross - examine any witnesses. If the construction board of
adjustments and appeals finds in favor of the owner or any lienholder or mortgagee, the
demolition order shall be extinguished. If the construction board of adjustments and appeals
finds against the owner or any lienholder or mortgagee, the demolition order shall remain in full
force and effect and be deemed final. The construction board of adjustments and appeals shall
have the power to fashion other reliefs as would be equitable.
(e) If the demolition order is deemed final and the owner of the premises fails to comply with the
demolition order within the time prescribed in the order, the chief building official shall cause the
structure to be razed and removed. If the city incurs expenses under this section, the city shall
assess the expenses on and the city shall have a lien against the property. The lien is extinguished
if the property owner or another person having an interest in the legal title to the property
reimburses the city for the expenses. The lien arises and attaches to the property at the time the
notice of the lien is recorded in the office of the county clerk in the county in which the property
is situated. The notice must contain the name and address of the owner if that information can be
determined with reasonable effort, a legal description of the real property, the amount of the
expenses incurred by the city and the balance due. The lien is a privileged lien on the property
involved, second only to tax liens, and shall accrue interest at the rate of ten percent per annum
from the date such payment is due.
(f) Should the city raze and remove any structure in accordance with this section, the city shall have
the right to sell the salvage and valuable materials to reimburse the city for the expenses
associated with the demolition.
(g) As used in this section, "normal construction" means the systematic progress towards completion
of construction, as described in the permit, in a manner that is consistent with the usual practices
for the specific type of construction and occupancy. "Normal construction" does not include
occasional activity or nominal work.
Section 2: 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 3: 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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® Section 4: Any person who fails to comply with any provision of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding FIVE
HUNDRED AND NO /100 DOLLARS ($500.00). Each act of violation and each day upon which any
such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above,
the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative
adjudication and revocation of licenses or permits.
Section 5: 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 13t1i day of January, 2000.
PETE C. ALFARO, Ma-for
ATTEST:
EILEEN P. HALE, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, R , City Attorney
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