Ordinance No. 8,795Published in The Baytown Sun:
Jauv 18 January 19, 00and
ORDINANCE NO. 8795
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® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 26 "COMMUNITY DEVELOPMENT," ARTICLE II "URBAN
REHABILITATION STANDARDS," DIVISION 3 "REVIEW BOARD"
SECTION 26 -106 "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" BY AMENDING SUBSECTION (D) TO REQUIRE
THE POSTING OF CASH, SURETY BOND, LETTER OF CREDIT, OR
GUARANTY IN CERTAIN SITUATIONS; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE PUBLICATION AND THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 26 "Community Development," Article II "Urban
Rehabilitation Standards," Division 3 "Review Board," Section 26 -106 "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," Subsection (d) of the Code of Ordinances,
City of Baytown, Texas, is hereby amended as follows:
CHAPTER 54. COMMUNITY DEVELOPMENT
ARTICLE II. URBAN REHABILITATION STANDARDS
DIVISION 3. REVIEW BOARD
Sec. 26 -106. 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.
(d) The board shall require the owner, lienholder or mortgagee of the building to secure the
building from unauthorized entry or to repair, remove or demolish the building within 30
days, unless the owner, lienholder or mortgagee establishes at the hearing that the work
cannot reasonably be performed within such timeframe. If the board allows the owner,
lienholder or mortgagee more than 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 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 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 90 days
because of the scope and complexity of the work. Further, if the board allows more than
90 days to complete any part of the required work, the board shall require the owner,
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lienholder or mortgagee to regularly submit progress reports to the administrators 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. If more than 90 days are
allowed and if the owner, lienholder, or mortgagee owns property, including structures or
improvements on - property, within the city boundaries that exceeds $100;000 in -total
value, the board may require the owner, lienholder, or mortgagee to post a cash or surety
bond in an amount adequate to cover the cost of repairing, removing, or demolishing a
building under this section. In lieu of a bond, the board may require the owner,
lienholder, or mortgagee to provide a letter of credit from a financial institution or a
guaranty from a third party approved by the city. The bond must be posted, or the letter
of credit or third party guaranty provided, not later than the 30th day after the date the
board issues the order.
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.
Section 4: This ordinance shall take effect from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 131h day of January, 2000.
15,zz r4
PETE C. ALFAR , Mayor
ATTEST:
EILEEN P; HALL, Ci y Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, S ., C ty Attorney
c: klh220 \C ityCounci I\ Ordinances \B ond4Chapter540rd inance011300
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