Ordinance No. 11,516ORDINANCE NO. 11,5 16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAVTOWN,
TEXAS, AMENDING CHAPTER 26 "COMMUNITY DEVELOPMENT,"
ARTICLE II "URBAN REHABILITATION STANDARDS," DIVISION I
"GENERALLY," SECTION 26 -26 "DEFINITIONS "; DIVISION 3 "REVIEW
BOARD," SECTION 26 -102 "ORGANIZATION," SUBSECTION (A);
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," SUBSECTIONS (D) AND (G); AND SECTION 26-
111 "RECOVERY OF DEMOLITION COSTS" AND DIVISION 6
"SUBSTANDARD BUILDINGS," SECTION 26 -262 "CHARGES FOR CITY
REMOVAL OF OFFENDING CONDITIONS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO MAKE CERTAIN CHANGES TO
AND CODIFY CERTAIN PRACTICES OF THE URBAN REHABILITATION
STANDARDS REVIEW BOARD'S APPOINTMENT AND PROCEDURES
FOR THE DEMOLITION, REPAIR AND THE SECURING OF
SUBSTANDARD STRUCTURES; CONTAINING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); AND
PROVIDIWG 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 26 "Community Development," Article II "Urban
Rehabilitation Standards," Division 1 "Generally," Section 26 -26 "Definitions" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to revise the definitions of "Basement"
and "Building" and to remove the definition of "Urban nuisance" which definitions as added or
amended shall read as follows:
CHAPTER 26. COMIHIUNITY DEVELOPMENT
ARTICLE II. URBAN REHABILITATION STANDARDS
DIVISION 1. GENERALLY
See. 26-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Basement means that portion of the building that is partly or completely below grade
plane_
Building means any structure used or intended for supporting or sheltering any use or
occupancy. The term "building" shall be construed as though followed by the phrase "or part or
parts thereof," unless the context clearly requires a different meaning.
Section 2: That Chapter 26 "Community Development," Article 11 "Urban
Rehabilitation Standards," Division 3 "Review Board," Section 26 -102 "Organization,"
Subsection (a) of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 26. COMMUNITY DEVELOPMENT
ARTICLE II. URBAN REHABILITATION STANDARDS
DIVISION 3. REVIEW BOARD
See. 26-102. Organization.
(a) The urban rehabilitation standards review board shall consist of seven members who are
residents of the city, each of whom shall be appointed by the city council for two -year
terms. Each member of the board shall serve until his successor is appointed and
qualified. All cases to be heard by the board shall be heard by a minimum of not less than
four voting members. The voting membership of the board shall elect a chairman and
vice - chairman of the board. A member shall not be an employee of the city, and the
voting members shall include the following:
(1) A person with a bachelor's degree in architecture or engineering;
(2) A mortgage loan banker;
(3) A building contractor;
(4) A person who is engaged in social or welfare work; and
(5) Three citizens who are known to have an interest in community affairs.
Section 3: 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," Subsections (d) and (g) of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 26. COMMUNITY DEVELOPMENT
ARTICLE H. URBAN REHABILITATION STANDARDS
DIVISION 3. REVIEW BOARD
See. 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,
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. 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. Permits issued by the
city in order for an owner, lienholder, or mortgagee to comply with an order of the board
are subject to revocation if the required work is not timely completed in strict compliance
with the board's order.
(g) If the building is not vacated, secured, repaired, removed or demolished or the occupants
are not relocated within the time allotted by the board, an administrator, after advertising
for bids, if required, may vacate, secure, remove or demolish the building or relocate the
occupants at the owner's expense.
Section 4: That Chapter 26 "Community Development," Article 11 "Urban
Rehabilitation Standards," Division 3 "Review Board," Section 26 -262 "Recovery of demolition
costs" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 26. COMMUNITY DEVELOPMENT
ARTICLE II. URBAN REHABILITATION STANDARDS
DIVISION 3. REVIEW BOARD
Sec. 26 -111. - Recovery of demolition costs.
The expenses of demolition incurred pursuant to section 26 -106 shall be paid by the
owner of the affected premises. The building services division shall keep an accurate record of
the demolition costs, including notice and advertising expenses incurred by the city, along with a
record of any salvage recovered, and shall forward this information to the office of the city tax
collector 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 date the ad valorem taxes are due,
and it shall be unlawful for the property owner to fail to so pay. If such charges are not paid
when due, the collector of taxes will file with the county clerk a sworn statement by the chief
building inspector setting out the expenses that the city has incurred pursuant to section 26 -106,
and the city shall thereby perfect a privileged lien on the property involved, second only to tax
liens and liens for street improvements, together with ten percent interest from the date such
payment is due.
Section 5: That Chapter 26 "Community Development," Article 11 "Urban
Rehabilitation Standards," Division 6 "Substandard Buildings," Section 26 -106 "Charges for city
removal of offending conditions" of the Code of Ordinances, City of Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 26. COMMUNITY DEVELOPMENT
ARTICLE II. URBAN REHABILITATION STANDARDS
DIVISION 6. SUBSTANDARD BUILDINGS
Sec. 26 -262. Charges for city removal of offending conditions.
On failure to comply with the notice as set out in section 26 -261 within ten days, the city
shall enter such premises and shall secure the building and eliminate such offending conditions,
in addition to filing any applicable charges. The owner of such premises will be charged the
actual cost of such elimination procedures, including all recorded expenses, plus an
administrative charge of $100.
Section 6: 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 7: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of the 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 effect 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 8: 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 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
4
ofFens, In addidon to the penidy, pmscdbed above, the Cit)' BN1Y I)Ln-sue odwr ronedies such was
ahmement of nuisances, iqiuncth,e relief, administradve Qmlication and revocation of licenses
or permits.
section 9: 'I*Ids ordinance shall take effect from and artier ten (10) days thAn its
passage by the City CounciL Ile City Clerk is hereby Wmml to give notice hercol'by causing
the candon of this ordinance to be published in the oft vial nemoppm- or we My of Bapown at
least twice Whin ten (10) days after passage of this ordhmnce.
INTRODUCED, RFAD, AND 1"ASSED by the affirmative voc of' tile City Cotincil of
Bay own, this the 9 1' day ol'Decetriber, 20M
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APPROVED .AS ICS I"'ORM:
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SJ-Y�, PH FN 1-1, DONCARLOS, Mayor
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