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Ordinance No. 11,030ORDINANCE NO. 11,030 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS. BY ADDING A NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE XV "VACANT BUILDINGS ": CONTAINING A REPEALING CLAUSE: CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. WHEREAS, the presence of buildings that are vacant and unsecured and /or not properly maintained in the city poses risks to the public health and safety as the buildings pose an increased risk from lire, and WHEREAS, the presence of buildings that are vacant and unsecured and/or not properly maintained in the city can contribute to the deterioration of adjacent structures, and attract vagrants, gang members and criminals; and WHEREAS, buildings that are vacant and unsecured and /or not properly maintained in the city are a blight, cause deterioration and instability, and loss of value and property tax revenue; and WHEREAS, such buildings that are vacant and unsecured and/or not properly maintained must be abated and rehabilitated; and WHEREAS, the City Council has determined that this ordinance would best serve the public health, safety and the general welfare of the City of Bay-town and its citizens; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That all matters and facts set forth in the recitals hereinabove are found to be true and such recitals are hereby approved and made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings by the City Council of the City of Baytown. Texas. Section 2: That Chapter 18 "Buildings and Building Regulations" of the Code of Ordinances. Baytown, Texas, is hereby amended by a new article to be numbered and entitled Article XV "Vacant Buildings" which article shall read as follows: CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS ARTICLE XV. VACANT BUILDINGS DIVISION 1. GENERALLY. Sec. 18 -1301. Purpose. (a) The city council finds and declares that: (1) Buildings that are vacant and unsecured and/or not properly maintained attract vagrants, gang members, and criminals as prime locations to conduct illegal criminal activities. (2) Buildings that are vacant and unsecured and /or not properly maintained are vulnerable to being set on fire by unauthorized persons. (3) Buildings that are vacant and unsecured and /or not properly maintained are a blight and cause deterioration and instability in neighboring properties and surrounding areas. (4) Buildings that are vacant and unsecured and /or not properly maintained pose serious threats to the public's health and safety. (5) Abatement and rehabilitation of buildings that are vacant and unsecured and/or not properly maintained are necessary. (6) Buildings that are vacant and unsecured and/or not properly maintained are declared to be public nuisances. (b) The purpose of this article is to protect the public health, safety, and welfare of the city and its citizens. Sec. 18 -1302. Applicability. This article applies only to buildings which are either ordered by the urban rehabilitation standards review board to be secured in accordance with chapter 26 of this code or buildings used or intended for supporting or sheltering any use or occupancy. other than a residential use as defined in section 18 -1303. 2 See. 18 -1303. Definitions. Unless otherwise expressly stated, the following words, terms, and phrases, when used in this article, have the meanings ascribed to them in this section, unless the context of their usage clearly indicates a different meaning: Administrator means the city's chief building official. Board when used as a i,erb means to cover an opening with lumber or panel of wood or other material. Boarded building means a building on which any opening to the outside is covered with lumber or panels of wood or other material in accordance with section 18 -1310. The term does not include a building secured by normal measures. Building means any structure used or intended for supporting or sheltering any use or occupancy to which this article applies, and includes an enclosed building, open building, and partially open building. Garbage means the animal, vegetable and mineral wastes resulting from the handling, preparation, cooking and consumption of food. Otivner means the owner of record in the county where the real property is situated; anyone identified as the owner on a registration form; the holder of an unrecorded contract for deed; a mortgagee or vendee in possession; a mortgagor or vendor in possession; and an assignee of rents, receiver, executor, trustee, lessee, or other person in possession or with the right to control of the premises or a portion of the premises. Any person who is included in this definition as an owner has joint and several obligations for compliance with the provisions of this article. A tenant who does not have the right of possession or control of a portion of the building that is unoccupied is not an owner for the purposes of this article. Properly maintained means taking measures to: (1) prevent the physical deterioration of the building; (2) prevent a decline in the appearance of the building, including keeping painted surfaces with a secure and intact coating and preserving signage without physical deterioration; (3) keep a building in a clean, safe. secure. and sanitary condition, compliant with all applicable codes; and (4) prevent the building from becoming an attractive nuisance. Property maintenance ordinance includes. but is not limited to, the following Code of Ordinances' provisions: (1) Chapter 18 (Buildings and Building Regulations) of this code; (2) Chapter 26 (Community Development) of this code; (3) Chapter 42. Article I1 (Public Ilealth Hazards) of this code: (4) Chapter 38 (Fire Prevention and Protection) of this code: and (5) Chapter 98 (Utilities) of this code. Residential use means the primary use of property is limited to one of the following: 1. attached single- family dwelling. 2. detached single - family dwelling. or 3. duplex dwelling as defined in section 130 -1 of this code. Rubbish means all combustible and noncombustible waste, except garbage. Secure means to take measures to ensure that the building is weatherproof and watertight and that the interior of the building cannot be accessed by: (1) Unauthorized persons: or (2) Birds. rodents or other animals through broken windows or other openings in the structure. Secured by normal measures means the use of structural components of a building, including fixtures, such as doors, unbroken windows, locks. latches, electronic security systems, storm shutters, and security shutters which were installed while the building was constructed or added to the building while the building was occupied and being used for lawful purposes. Secured by other than normal measures means a building secured by means other than those used in the design of a building or that are normally installed and utilized while a building is occupied and being used for lawful purposes. The term includes boarding any window or door opening. Unoccupied means not being used for a lawful occupancy. Urban rehabilitation standards revieis, board shall mean that board created in section 26 -101 of this code. Vacant building means a building that is any of the following: a. Occupied by unauthorized persons and unsecured; b. Unoccupied and unsecured: C. Unoccupied and has had two (2) or more violations of property maintenance ordinances within the previous twelve -month period; or d. Unoccupied for a continuous period of time over three hundred sixty -five (365) days. Sec. 18 -1304. Enforcement authority. The administrator is authorized to enforce the provisions of this article and to make all necessary inspections, to issue citations, to give notice, to file applicable charges and to otherwise cooperate in the enforcement of this article. 4 DIVISION 2. PROCEDURES Sec. 18 -130. Notice of vacant building. (a) Upon reasonable suspicion that a building may be a vacant building as determined by the administrator or receipt of a complaint about a vacant building, the administrator may inspect or cause an inspection of the property in order to determine if the building should be classified as a vacant building. (b) If the administrator determines that a building may be classified as a vacant building under this article, the administrator: (1) shall attempt to contact the ox ner or an agent of the owner. identified by any sign posted on the property, by telephone or by electronic communication, and advise the o «ner or agent that the building is a vacant building and that the following measures need to be taken by the owner: a. file a completed vacant building registration as more particularly described in section 18- 1306(a) within seven (7) days from receipt of the notice given pursuant to subsection (b)(2) of this section, b. pay the registration fee required by section 18 -1308, C. take action to correct any code violations, and d. take measures to secure the building by normal or other than normal means within seven (7) days From receipt of the notice given pursuant to subsection (b)(2) of this section: (2) shall mail a notice to the owner, with a copy to any agent identified by any sign posted on the property that advises the owner that the building is a vacant building and that the following measures need to be taken by the owner: a. file a completed vacant building registration as more particularly described in section 18- 1306(a) within seven (7) days from receipt of the notice given pursuant to this subsection, b. pay the registration fee required by section 18 -1308, C. take action to correct any code violations. and d. take measures to secure the building by normal or other than normal means within seven (7) days from receipt of the notice given pursuant to this subsection: 5 (3) may post notice on the building that it appears that the building is a vacant building and that the following measures need to be taken by the owner: a. file a completed vacant building registration as more particularly described in section 18- 1306(a) within seven (7) days from the receipt of the notice given pursuant to section (b)(2) of this section, b. pay the registration fee required by section 18 -1308. C. take action to correct any code violations. and d. take measures to secure the building by normal or other than normal means within seven (7) days from the receipt of the notice given pursuant to section (b)(2) of this section; and (4) may issue a citation or file a complaint in municipal court for any violations of this article or other applicable provisions of this code. (c) The notice under subsection (b)(2) of this section must comply with the requirements of V.T.C.A., Local Government Code §54.005. (d) If the owner disputes the administrator's determination that the building should be classified as a vacant building under this article, the oxvner shall file a written notice of appeal with the administrator within seven (7) days from receipt of the notice provided in this section. The administrator shall schedule a hearing before the urban rehabilitation standards review board to determine whether the building should be classified as a vacant building under this article. (e) The owner may appeal the decision rendered by the urban rehabilitation standards review board under subsection (d) this article to the city council if the owner files the appeal in writing within ten days of such decision on forms provided by the city clerk. See. 18-1306. Registration. (a) Registration. The owner of a vacant building shall register the vacant building in accordance with this subsection with the administrator not later than seven (7) days after the owner receives written notice under subsection 18- 1305(b). The registration must be verified under oath, shall be on a form prescribed by the administrator, and shall at a minimum contain the following information: (1) a description of the premises. including its address and legal description; (2) the names, addresses. and telephone numbers of all owners with a right of control over the property: M (3) the names and addresses of all known lienholders and all other parties with an ownership interest in the building: (4) the name, address, and telephone number of the owner's property manager or agent, and whether the property manager or agent has the authority to independently act on the owner's behalf to repair or maintain the property; (5) if owner designates an agent with the authority to independently act on the owner's behalf to repair or maintain the property, the contract or power of attorney reflecting such authority and the ability for the agent to receive and accept notices from the city on behalf of the owner: (6) the name and address and contact information of' a person authorized by the owner to make response to any emergency or alleged violation related to the vacant building: (7) the date of the registration; (8) the period of time the building is expected to remain vacant; (9) if the owner plans to return the building to a lawful occupancy and use, the estimated date for returning the building to a lawful occupancy and use; (10) if the owner plans to demolish the building, the date the building is scheduled for demolition: (11) if the owner proposes to rehabilitate or renovate the building, the date the building rehabilitation or renovation is scheduled to commence and be completed; (12) if the owner proposes to retain the building, the measures that will be taken to try to reduce any adverse impact on the property values of adjacent property from the retention of the vacant building: (13) a plan for regular maintenance of the building during the period of vacancy with certification that the building is compliant with all applicable codes; (14) measures the owner will employ to secure the building, which may include one (1) or more of the following methods: a. installation and maintenance of adequate windows and doors together with locks designed to secure the building: b. installation and maintenance of security shutters, grills. and bars for windows and doors; 7 C. installation, operation, and monitoring of an electronic security system, which monitors windows and doors by glass breakage or motion sensors, and a method of responding to alarms from the electronic security system, other than sole reliance on the city's police department; d. installation of boards on windows and doors pursuant to sections 18 -1310; e. installation of security fencing pursuant to section 18 -1311; f. employment of watchers, who are licensed peace officers, public security officers, commissioned security officers, or noncommissioned security officers pursuant to section 18 -131?; or g. any other method approved by the administrator: (15) measures the owner will employ to monitor and inspect the property on a weekly basis, which monitoring and inspection must be performed by the owner, property manager, or an agent of the owner with full authority to maintain and make repairs to the property on a weekly basis; (16) locations of the warning signs required by subsections 18- 1310(b) and 18- 1311(b); (17) for buildings used or intended for supporting or sheltering any use or occupancy, other than a residential use as defined in section 18 -1303, a certificate of insurance evidencing a commercial general liability insurance policy with an aggregate of not less than $1,000,000.00 and a per occurrence limit of not less than $500,000.00. Such policy must be written by an insurance carrier licensed to do business in this state and shall provide that coverages afforded under the policy will not be canceled, suspended, voided or reduced until at least 30 days' prior written notice has been endeavored to be given to the city via certified mail, return receipt requested: and (18) Any reasonably related additional information required by the administrator. (b) Administrator's action on registration. The registration submitted by the owner must be approved by the administrator as being complete and sufficient to secure the vacant building. (c) Term. A registration is valid for one year from the date the registration is approved by the administrator, unless the oxvnership of the vacant building changes. (d) Annual registrations. The owner of a vacant building shall be required to annually register the vacant building until such building is returned to an authorized occupancy or demolished. The annual registration shall be verified under oath on a form prescribed by 8 the administrator and contain a certification from the owner that the information on file with the administrator is true and correct. (e) Change in oi+mership. The owner of a registered vacant building shall be required to disclose to any buyer of the property that the property is under registration with the city as a vacant building. Owner shall also disclose requirement to register within seven days of the change in ownership. If a change in ownership of the vacant building occurs during the period that a registration is otherwise valid. the new owner shall have seven days from the date of the change in ownership to file a new registration with the administrator and pay a new registration fee. (f) Updates. If a change other than described in subsection (f) of this section occurs during the period that a registration is otherwise valid. the owner shall be required to update the information with the City within seven (7) days of the change. (g) Registration revocation. The administrator shall revoke any registration for which the owner has failed to comply with the timetables specified in the registration form pursuant to subsections (a)(9) — (12) and subsection (a)(14). Should a registration be revoked, the owner of the unregistered vacant building shall have seven (7) days from the date of the notice of the revocation to file a new registration with the administrator and pay a new registration fee. Sec. 18 -1307. Inspections. (a) The administrator shall provide for the inspection of each registered vacant building at the time of registration and thereafter not less than annually. (b) In addition to the inspection referenced in subsection (a) of this section, if there is probable cause to believe that a code violation may be present in the vacant building or on the premises where the vacant building is located, the administrator shall provide for the inspection of the vacant building and/or premises. (c) All inspections shall be conducted to determine compliance with this article and all applicable codes. (d) The results of the inspection shall be provided to the owner of the vacant building and the person designated by the owner to make response to any emergency or alleged violation related to the vacant building. Sec. 18-1308. Fees. (a) Registration Fee. The owner of each vacant building shall pay to the administrator a vacant building registration fee in accordance with the below referenced chart: E 2.000 square feet or less $250 $250 for the first 2.000 square feet Oyer 2.000 square feet $3 her 100 square feet or fraction thereof in excess of 2.000 square feet (b) Inspection Fee. The administrator shall assess an inspection fee of $50 per inspector per hour for inspections of a vacant building against the owner of the vacant building. This fee ,vill be charged annually for inspections associated with registration and thereafter as inspections are warranted in accordance with this article. (c) Lute Payment Charge. Any fee required by subsections (a) or (b) of this section, which is not timely received by the administrator, shall be assessed an additional fee of. (1) ten percent (10 %) of the delinquent fee if the fee is received within one month of the due date; (2) thirty percent (30 %) of the delinquent fee if the fee is received xwithin two months of the due date; or (3) fifty percent (50 %) of the delinquent fee thereafter. DIVISION 3. STANDARDS Sec. 18 -1309. (Maintenance of vacant building and premises. (a) Compliance tivith applicable lairs. Any repairs, improvements, or alterations to the vacant building or on the property must comply with all applicable laws, codes, and regulations. (b) Dray to Clean. (1) The owner of a vacant building shall remove any garbage and /or rubbish from the interior of the building. (2) The owner of a vacant building shall remove any garbage. rubbish, high weeds and.tor brush from the premises on .which the vacant building is located. (3) The oxvner shall keep the premises on which the vacant building is located properly maintained until the building is returned to an authorized occupancy or demolished. 10 (c) Dory, to secure. (1) The owner of a vacant building shall lock or secure all doors. windows, and other openings to the vacant building. (2) The owner shall keep a vacant building secured, safe, and properly maintained. (3) If securing a vacant building by normal measures fails to keep the vacant building secure. the owner must use other than normal measures to secure the building, including boarding the vacant building in accordance with sections 15 -1310. (4) Failure of the owner to maintain a vacant building in a secured condition. which failure results in abatement by the city, is grounds for revocation of the approved registration. and the owner is subject to any applicable penalties. (d) Duty to reniohe or repair. Tile owner of a vacant building shall promptly remove or repair any element of the building or on the premises that is in a condition of decay or partial ruin by reason of neglect. misuse. or deterioration. See. 18 -1310. Standards for boarding a vacant building. (a) Except as provided in subsection (c) of this section, if the owner is unable to secure a vacant building by normal means, the owner shall board the vacant building pursuant to Section 26 -260 of this code and in accordance with the following:. (1) All unsecured doorways, windows. or other exterior openings must be covered by wooden structural panels or other means as approved in writing by the administrator in order to ensure that such doorways, windows and other exterior openings are secured and not easily penetrated. (2) The materials used to secure the building shall be: a. installed on the exterior of a building, b. flat. square, and level. and C. in a manner accepted as good workmanship. The administrator has the sole discretion to determine if the work was performed in a manner that meets the requirements and intent of this code. (3) All exterior materials used to board a vacant building must be painted or coated the same color that is the predominant color of the building. (4) All broken glass and any other loose material must be removed from the opening before the covering systems are installed. (5) Exterior access to floor areas above the first floor, such as fire escapes and ladders, must also be secured. (6) Fascia signs, overhanging signs, roof signs, and all other appurtenances, such as sun visors or awnings must be removed if they are in a dangerous condition or could create such a condition. (7) All loose or defective materials, trim. or structural elements on the exterior of the building must be removed. (8) Any condition which may become a hazard or danger to the public must be corrected. (b) The owner of a boarded vacant building shall post on the premises sign(s) meeting the following requirements: (1) One (1) or more signs must be prominently posted at or near each entrance to the building and on fences or walls, as appropriate. (2) The signs must remain posted until the building is either lawfully occupied or demolished. (3) The signs must contain the following information: DO NOT ENTER It is a misdemeanor to enter or occupy this building or premises or to remove or deface this notice. Trespassers will be prosecuted. (4) The lettering of the sign must be at least a forty- eight -point font type size. (5) The signs shall be a minimum of 12 inches high by 24 inches wide. (6) The signs shall have a white background, with letters in contrasting color. (7) Sign shall be fabricated out of weather -proof material. (c) Due to unique architectural features, instead of boarding a building in the manner specified by subsection (a) of this section. the administrator may allow the owner to secure the vacant building in a manner in which the administrator determines is appropriate to comply with the purposes of this division. 12 Sec. 18 -1311. Installing fence around the perimeter of buildings. (a) If the boarding of a vacant building fails to keep the building effectively secured. the owner shall install a minimum eight -foot high chain link fence around the perimeter of the building. (b) The owner of a fenced vacant building shall post on the premises sign(s) meeting the requirements specified in section 18- 1310(b). See. 18 -1312. Watchers required. (a) If boarding, fencing. the use of electronic monitoring systems, or the use of other methods fails to keep unauthorized persons from entering or occupying a vacant building, the owner shall have a watcher on duty upon the premises every day continuously between the hours of 4:00 p.m. and 8:00 a.m. (b) The watcher must remain on duty daily during the required hours until the building is either legally occupied or demolished. DIVISION 4. ABATEMENT Sec. 18 -1314. Notice and order to abate. (a) Upon finding a violation of this article, the administrator shall serve, in person or by certified mail, return receipt requested, a written notice and order to abate upon the owner. (b) The notice must advise the owner of the violation and comply with the requirements of V.T.C.A. Local Government Code §54.005. (c) If the owner fails to abate the violation within the period stated in the notice or within any additional time as the administrator may grant, the administrator may, without further notice, enter upon the property and abate the violation. The owner is liable for the costs incurred by the city to secure the premises and to abate the violation, including any administrative expenses. materials, and labor. See. 18-1315. Notice of costs incurred by cite; lien. (a) The administrator shall mail a notice to the owner and lienholder of the property upon which the nuisance has been abated of the costs incurred or expended by the city to abate the nuisance. 13 (b) The notice must advise the owner and lienholder that the city proposes to assess its costs against the property and place a lien on the property to collect the costs incurred by the city. (c) The administrator shall file a lien against the property for the city's costs. (d) Any lien filed pursuant to this section shall be security for the expenditures made and interest accruing at the rate of 10 percent on the amount due from the date of payment by the city. The lien shall be superior to all other liens except tax liens and liens for street improvements and shall accrue interest at the rate of ten percent per annum. DIVISION 5. ENFORCEMENT Sec. 18 -1316. Entry or interference with notice prohibited. (a) No person may enter or occupy any building that has been posted under section 18- 1310(b) or 18- 1311(b) except to repair or demolish the building under proper permit or for a purpose authorized by the wwner. or as allowed under section 18 -1309. (b) No person may remove or deface any notice that has been posted under section 18- 1310(b)or 18- 1311(b). Sec. 18 -1317. Lien for unpaid registration and inspection fees. (a) The administrator shall mail a notice to the owner and lienholder of the property for which there are delinquent registration and/or inspection fees. (b) The notice must advise the o%Nner and lienholder that the city proposes to assess its costs against the property and place a lien on the property to collect the fees as specified in section 18 -1308. (c) The administrator shall file a lien against the property for the amount due and owing to the city pursuant to section 18 -1308. (d) Any lien filed pursuant to this section shall be security for the expenditures made and interest accruing at the rate of 10 percent on the amount due from the date of payment by the city. The lien shall be superior to all other liens except tax liens and liens for street improvements and shall accrue interest at the rate of ten percent per annum. 14 Sec. 18 -1318. Cumulative remedies. The provisions of this article are not exclusive. The remedies provided by this article are in addition to other procedures or remedies provided by law. Nothing in this article may be deemed to abolish or impair existing authority or remedies of the city. Sec. 18 -1319. Penalties. Any person violating any provision of this article or providing false information to the administrator shall upon conviction be punished by a line as provided in section 1 -14. Section 3: 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 4: 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 provisions of this ordinance are declared to be severable. Section 5: 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 tine in an amount of not more than TWO THOUSAND AND NO /100 DOLLARS ($2,000.00). 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 6: 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 aftirmative(ote of the City Council of the City of Baytown this the 11 `" day of December, 2008. I)FfEKH. DONCARLOS, Mayor 15 i EST: y N Ilk Y;. D ity Clerk- APPROVED AS TO FORM: NACIO RAMIREZ. City Attorney \\cobsry 111.rgaMarcn \Files\City CouncillOrdinances \2008\December i l\ VacantBuildingOrdinanceRc %ised.doc 16