Ordinance No. 11,803 ORDINANCE NO. 11,803
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V
"FINANCE," DIVISION 1 "GENERALLY," SECTION 2-595 "FEES FOR
VARIOUS CITY SERVICES," SUBSECTION (B)(3) OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 14
"ANIMALS," ARTICLE I "IN GENERAL" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE
NUMBERED AND ENTITLED SECTION 14-10 "KEEPING DOMESTIC
ANIMALS AND PETS'; AMENDING CHAPTER 18 "BUILDINGS AND
BUILDING REGULATIONS," ARTICLE I "IN GENERAL," SECTION 18-2
"ENERGY EFFICIENCY BUILDING PROGRAM," SUBSECTIONS (E) AND
(F) OF THE CODE OF ORDINANCES, 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, TO ADD A NEW SECTION TO BE NUMBERED AND
ENTITLED SECTION 18-130 "STANDARDS FOR DEMOLITION";
AMENDING CHAPTER 18 "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE III "ELECTRICAL CODE," DIVISION 6
"STANDARDS," SECTION 18432 "TECHNICAL SPECIFICATIONS,"
SUBSECTION (J) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
AMENDING CHAPTER 18 "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE VII "INTERNATIONAL PROPERTY
MAINTENANCE CODE," DIVISION 2 "STANDARDS," SECTION 18-626
"AMENDMENTS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
AMENDING CHAPTER 18 "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE IX "MINIMUM PROPERTY STANDARDS,"
DIVISION 3 "MULTI-FAMILY DWELLING COMPLEXES," SUBDIVISION I
"IN GENERAL," SECTION 18-681 "DEFINITIONS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, BY REVISING THE DEFINITION OF
"MULTI-FAMILY DWELLING COMPLEX; AMENDING CHAPTER 18
"BUILDINGS AND BUILDING REGULATIONS," ARTICLE IX "MINIMUM
PROPERTY STANDARDS," DIVISION 3 "MULTI-FAMILY DWELLING
COMPLEXES," SUBDIVISION IV "CRIME PREVENTION STANDARDS,"
SECTION 18-720 "CRIME PREVENTION STANDARDS," SUBSECTION
(4)(B) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING
CHAPTER 18 `BUILDINGS AND BUILDING REGULATIONS," ARTICLE
XV "VACANT BUILDINGS," DIVISION 1 "GENERALLY," SECTION 18-
1302 "APPLICABILITY" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS; AMENDING CHAPTER 18 "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE XV "VACANT BUILDINGS," DIVISION 1
"GENERALLY," SECTION 18-1303 "DEFINITIONS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, IS HEREBY AMENDED TO REVISE
THE DEFINITION OF "PROPERTY MAINTENANCE ORDINANCE";
AMENDING CHAPTER 18 "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE XV "VACANT BUILDINGS," DIVISION 1
"GENERALLY," SECTION 18-1303 "DEFINITIONS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO REPEAL THE DEFINITION OF
"URBAN REHABILITATION STANDARDS REVIEW BOARD" IN ITS
ENTIRETY; AMENDING CHAPTER 18 "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE XV "VACANT BUILDINGS," DIVISION 2
"PROCEDURES," SECTION 18-1305 "NOTICE OF VACANT BUILDING,"
SUBSECTIONS (D) AND (E) OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS; AMENDING CHAPTER 18 "BUILDINGS AND
BUILDING REGULATIONS," ARTICLE XV "VACANT BUILDINGS,"
DIVISION 3 "STANDARDS," SECTION 18-1310 "STANDARDS FOR
BOARDING A VACANT BUILDING," SUBSECTION (A) OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 18
"BUILDINGS AND BUILDING REGULATIONS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW ARTICLE TO BE
NUMBERED AND ENTITLED ARTICLE XVI "SUBSTANDARD
BUILDINGS"; REPEALING CHAPTER 26 "COMMUNITY
DEVELOPMENT" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE II
"PUBLIC HEALTH HAZARDS," DIVISION 2 "PUBLIC HEALTH
NUISANCES," SECTION 42-61 "CONDITIONS CREATING NUISANCE" OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING
CHAPTER 42 "HEALTH AND SANITATION," ARTICLE II "PUBLIC
HEALTH HAZARDS," DIVISION 2 "PUBLIC HEALTH NUISANCES,"
SECTION 42-62 "MAINTENANCE OF PREMISES" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SUBSECTION
NUMBERED SUBSECTION (C); AMENDING CHAPTER 98 "UTILITIES,"
ARTICLE IV "SEWER SERVICE" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND
ENTITLED SECTION 98-90 "PLUMBING CONNECTIONS TO SEWER
LINES"; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND
AND NO/100 DOLLARS ($2,000.00) FOR REGULATIONS GOVERNING
FIRE, SAFETY, ZONING OR PUBLIC HEALTH OR SANITATION AND A
MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS
($500.00) FOR ALL OTHER VIOLATIONS; 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 2 "Administration," Article V "Finance," Division 1
"Generally," Section 2-595 "Fees for various city services," subsection (b)(3) of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
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CHAPTER 2. ADMINISTRATION
ARTICLE V. FINANCE
DIVISION 1. GENERALLY
Sec.2-595. Fees for various city services.
The fees set out below are adopted for the city services outlined herein:
b. Development Services. Any person applying to the city for a permit shall pay to
the city, prior to the issuance of the permit, a permit fee for any improvement
based upon the following schedules. If work for which a permit is required by
this code is commenced prior to obtaining the required permit, the fees specified
in this subsection shall be doubled. The payment of this fee shall not relieve any
person from any penalties or enforcement action arising from a person's failure to
timely obtain the requisite permit.
3. Demolition Permit.
Timis Fee
if issued prior to advertising for demolition
bids pursuant to an order of the municipal $45.00
court 'ud e
if issued after advertising for demolition
bids pursuant to an order of the municipal $105.00
court judge
Section 2: That Chapter 14 "Animals," Article I "In General" of the Code of
Ordinances, Baytown, Texas, is hereby amended to add a new section to be numbered and
entitled Section 14-10 "Keeping domestic animals and pets," which section shall read as follows:
CHAPTER 14. ANIMALS
ARTICLE I. IN GENERAL
Sec. 14-10. Keeping domestic animals and pets.
Domestic animals and pets shall not be kept on any premises in such manner as to create
unsanitary conditions or to constitute a nuisance. Domestic animals and pets shall be
maintained in accordance with applicable regulations of the city. Unsanitary conditions,
inappropriate types of pets or animals and excessive numbers of pets and animals constitute
conditions that may be considered a nuisance under this section.
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Section 3: That Chapter 18 `Buildings and Building Regulations," Article I "In
General," Section 18-2 "Energy efficiency building program," subsections (e) and (f) of the
Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE I. IN GENERAL
Sec. 18-2. Energy efficiency building program.
(e) Energy use standards. All one- and two-family dwellings and all other new construction
shall use the energy conservation code adopted in article VIII of this chapter, including
compliance demonstrated through the following:
(1) Energy code compliance modeling through Energy Systems Laboratory
approved software, COM check or RES check; or
(2) Installing systems or products that have been certified by a national, state or
local accredited energy efficiency program and approved by the Energy Systems
Laboratory. The United States Environmental Protection Agency's Energy Star
Program certification of energy code equivalency shall be considered an
approved program.
(f) Water use standards. All one- and two-family dwellings and all other new construction
shall use 20 percent less water than the water use baseline calculated for the building's
total interior water fixture use as required by the plumbing code adopted in article IV of
this chapter.
Section 4: 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 to add a new section to be numbered and
entitled Section 18-130 "Standards for demolition,"which section shall read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE II. BUILDING CONSTRUCTION STANDARDS
DIVISION 4 "BUILDING AND DEVELOPMENT PERMITS
Sec. 180-130. Standards for demolition.
The following standards shall apply to all structures that are demolished within the city:
1. All debris must be removed from the property;
2. All holes or depressions in the ground must be filled to grade level;
3. Property must be graded to drain to street.
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4. All lumber, pipes and other building materials must be removed from the property;
5. All pipes and conduits must be removed from above grade and must be removed or
sealed below grade;
6. All piers, pilings, steps, and other appurtenances must be removed above grade;
7. All asbestos removal must comply with current requirements of the U.S.
Environmental Protection Agency; and
8. Plumbing permit is required to inspect the utility disconnect; and
9. Utilities must be disconnected at the property line prior to demolition of structure.
Section 5: That Chapter 18 "Buildings and Building Regulations," Article III
"Electrical Code," Division 6"Standards," Section 18-432"Technical specifications,"subsection
(j) of the Code of Ordinances, Baytown,Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE III. Electrical Code
DIVISION 6. STANDARDS
Sec. 18-432. Technical specifications.
(j) Approved metallic, non-metallic, or underfloor cast-in-place raceways, armored cable
or metal clad cable with a ground conductor that complies with section 250.122 of the
electrical code adopted in section 18-431 shall be required for all wires used to conduct
current for lights, heat or power, in the wiring of all buildings hereafter constructed, as
well as additions to any buildings within fire limit area Nos. 1 and 2, as they are now or
may hereafter be established, and in apartment houses of more than four apartments,
churches, schools, hotels, theaters, all commercial buildings and other places of public
assembly. However, in multifamily dwelling complexes, as defined in 18-681 of the
code, instead of using conduit:
(1) Non-metallic or non-metallic corrosion-resistant insulated conductors may be
used for branch circuits inside the dwelling units; and
(2) Tray cable service conductors may be used to the electrical panel inside the
dwelling units, if:
a. A 13R automatic sprinkler system, as defined in the 1994 standards of
the National Fire Protection Association, is installed;
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b. An audible and visual alarm is installed to indicate not only the water
flow from as few as one sprinkler head but also any tampering with the
water supply valves of the sprinkler system. These alarms shall be
installed so that they can be heard and seen from all sides of the building
from outside the building; and
C. A 2!/2-inch fire department connection is installed.
Section 6: That Chapter 18 "Buildings and Building Regulations," Article VII
"International Property Maintenance Code," Division 2 "Standards," Section 18-626
"Amendments" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE VII. INTERNATIONAL PROPERTY MAINTENANCE CODE
DIVISION 2. STANDARDS
Sec. 18-626. Amendments.
The property maintenance code adopted in section 18-625 shall be amended as follows:
Section III Board of appeals is deleted in its entirety and replaced by division 2 of
article II of chapter 18 of the code of ordinances. All references to board of appeals in the code
adopted in section 18-625 shall mean and refer to the construction board of adjustments and
appeals established in article II of this chapter.
Section 7: That Chapter 18 "Buildings and Building Regulations," Article IX
"Minimum Property Standards," Division 3 "Multi-Family Dwelling Complexes," Subdivision I
"In General," Section 18-681 "Definitions" of the Code of Ordinances, Baytown, Texas, is
hereby amended by revising the definition of"multi-family dwelling complex," which definition
shall read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE IX. MINIMUM PROPERTY STANDARDS
DIVISION 3. MULTI-FAMILY DWELLING COMPLEXES
SUBDIVISION I. IN GENERAL
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Sec. 18-681. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Multi-family dwelling complex:
(a) Multi-family dwelling complex means three or more dwelling units that are
under common ownership or that are managed by the same person, and that are
on the same lot or on adjoining lots or tracts; and/or
(b) The term also includes any accessory structures and facilities incidental to the
use thereof, including, but not limited to, yards, courts, parking areas, storage
buildings, offices, maintenance buildings, equipment buildings, mail rooms,
laundry facilities, swimming pools, spas, ponds, wells, cabanas, play rooms and
play yards, recreational and picnic facilities, public assembly rooms, garages,
carports, fences, walls, and all other similar buildings, structures, and facilities
on the premises.
(c) The term shall not include jails, hospitals, nursing homes, hotels, or motels. The
term shall not include dwelling units, which are owner-occupied or which are on
a junior college campus occupied by a student or a student and the student's
family and in which the dwelling unit is owned by the junior college. The term
shall also not include a lodginghouse, boardinghouse, or an assisted living
facility licensed by the state.
Section 8: That Chapter 18 "Buildings and Building Regulations," Article IX
"Minimum Property Standards," Division 3 "Multi-Family Dwelling Complexes," Subdivision
IV "Crime Prevention Standards," Section 18-720 "Crime prevention standards," Subsection
(4)(b)of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE IX. MINIMUM PROPERTY STANDARDS
DIVISION 3. MULTI-FAMILY DWELLING COMPLEXES
SUBDIVISION IV. CRIME PREVENTION STANDARDS
Sec. 18-720. Crime prevention standards.
The landlord of a multi-family dwelling complex shall provide the following crime
prevention measures:
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(4) Vacant buildings.
b. Alternatively, openings may be secured in accordance with section 18-
1310.
Section 9: That Chapter 18 "Buildings and Building Regulations," Article XV
"Vacant Buildings," Division 1 "Generally," Section 18-1302 "Applicability" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE XV. VACANT BUILDINGS
DIVISION 1. GENERALLY
Sec. 18-1302. Applicability.
This article applies only to buildings which are either (i) ordered by the municipal court
judge to be secured in accordance with article XVI of this code or(ii) buildings used or intended
for supporting or sheltering any use or occupancy, other than a residential use as defined in
section 18-1303.
Section 10: That Chapter 18 "Buildings and Building Regulations," Article XV
"Vacant Buildings," Division 1 "Generally," Section 18-1303 "Definitions" of the Code of
Ordinances, Baytown, Texas, is hereby amended to revise the definition of "Property
maintenance ordinance"which definition shall read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE XV. Vacant Buildings
DIVISION 1. Generally
Sec. 18-1303. Definitions.
Unless otherwise expressly stated, the following words, terms, and phrases, when used in
this article, shall have the meanings ascribed to them in this section, unless the context of their
usage clearly indicates a different meaning:
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;
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(2) Chapter 42, Article II (Public Health Hazards)of this Code;
(3) Chapter 38 (Fire Prevention and Protection)of this Code; and
(4) Chapter 98 (Utilities)of this Code.
Section 11: That Chapter 18 "Buildings and Building Regulations," Article XV
"Vacant Buildings," Division 1 "Generally," Section 18-1303 "Definitions" of the Code of
Ordinances, Baytown, Texas, is hereby amended to repeal the definition of"urban rehabilitation
standards review board" in its entirety.
Section 12: That Chapter 18 "Buildings and Building Regulations," Article XV
"Vacant Buildings," Division 2 "Procedures," Section 18-1305 "Notice of vacant building,"
Subsections (d) and (e) of the Code of Ordinances, Baytown, Texas, are hereby amended to read
as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE XV. VACANT BUILDINGS
DIVISION 2. PROCEDURES
Sec. 18-1305. Notice of vacant building.
(d) If the owner disputes the administrator's determination that the building should be
classified as a vacant building under this article, the owner shall file a written notice of
appeal with the administrator within seven days from receipt of the notice provided in
this section. The administrator shall schedule a hearing before the construction board of
adjustments and appeals 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 construction board of adjustments
and appeals under subsection (d) 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.
Section 13: That Chapter 18 "Buildings and Building Regulations," Article XV
"Vacant Buildings," Division 3 "Standards," Section 18-1310 "Standards for boarding a vacant
building," Subsection (a) of the Code of Ordinances, Baytown, Texas, is hereby amended to
revise the definitions of "Property maintenance ordinance" which definition shall read as
follows:
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CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE XV. VACANT BUILDINGS
DIVISION 3. STANDARDS
Sec. 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 in
accordance with the following:
(1) All unsecured doorways, windows, or other exterior openings must be covered by
exterior grade 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.
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Section 14: That Chapter 18 `Buildings and Building Regulations" of the Code of
Ordinances, Baytown, Texas, is hereby amended to add a new article to be numbered and
entitled Article XVI "Substandard Buildings,"which article shall read as follows:
CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE XVI. SUBSTANDARD BUILDINGS
Sec. 18-1331. Authority.
In accordance with this article, the city may require the vacation, relocation of occupants,
and securing, repair, removal, or demolition of a building that is:
(1) dilapidated, substandard, or unfit for human habitation and a hazard to the public
health, safety, and welfare;
(2) regardless of its structural condition, unoccupied by its owners, lessees, or other
invitees and is unsecured from unauthorized entry to the extent that it could be
entered or used by vagrants or other uninvited persons as a place of harborage or
could be entered or used by children; or
(3) boarded up, fenced, or otherwise secured in any manner if:
(A) the building constitutes a danger to the public even though secured from
entry; or
(B) the means used to secure the building are inadequate to prevent
unauthorized entry or use of the building in the manner described by
subsection (2)of this section.
Sec. 18-1332. Substandard buildings described.
Any building that has any or all of the following conditions or defects shall be considered
dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety,
and welfare:
(1) Any building with roof, ceiling, floors, sills, or foundations, or any combination
thereof, rotted or decayed and falling apart, windows out, uninhabitable,
untenantable and unsightly, due to obsolescence and deterioration caused by
neglect or vandalism or fire damage or old age or the elements;
(2) Any building in danger of falling and injuring the person or property of another;
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(3) Any building which is a fire menace, to wit, by being in a dilapidated condition,
as fully described in subsections (1) and (2) hereof, and which has an
accumulation of rubbish and trash which is likely to become a fire, or be set on
fire, in and around said building and endanger the person or property of others;
(4) Any building which is in the condition or conditions described in subsections (1)
or (2) or (3) hereof, which is damp and in unsanitary condition, which is likely to
foster disease and sickness; and
(5) Any building that is considered unsafe, unfit for human occupancy, or dangerous
as described in Section 108.1 of the International Property Maintenance Code
adopted in article VII of this chapter.
When used in this article the term "building" shall include any erection or structure of any kind
or any part thereof. All substandard structures are declared to be public nuisances and shall be
vacated, secured, repaired,removed,or demolished as provided in this article.
Sec. 18-1333. Minimum standards.
The standards set forth in the International Property Maintenance Code adopted in article
VII of this chapter are hereby adopted as the minimum standards for the continued use and
occupancy of all buildings within the city regardless of the date of their construction.
Sec. 18-1334. Placard warnings.
The chief building official may place or cause to be placed a placard on a building that is
dilapidated, substandard or otherwise unfit for human habitation or use as a warning of its
substandard conditions. A person commits an offense if, without authority from the chief
building official:
(1) he defaces, removes or destroys a placard placed by or caused to be placed by the
chief building official in accordance with this section;
(2) he enters, occupies, or otherwise uses a structure on which the chief building
official has placed a placard; or
(3) as owner or operator of a structure, he authorizes a person to enter, occupy, or
otherwise use a structure on which the chief building official has placed a placard.
Sec. 18-1335. Notice of hearing.
(a) Generally. Whenever the chief building official determines that a building within the city
does not comply with the standards set forth in section 18-1333 and is substandard as
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described in section 18-1332, notice of a public hearing must be sent to the owner,
lienholder and mortgagee of the property.
(b) Contents of notice. The notice shall contain the following:
(1) The name and address of the owner of the affected property if the information can
be determined;
(2) A legal description of the affected property;
(3) an identification of the building subject to the hearing;
(4) a description of the violation of minimum standards set forth in section 18-1333
that is present at the building;
(5) a description of the hearing;
(6) a statement that the city will vacate, secure, remove, or demolish the building or
relocate the occupants of the building if the ordered action is not taken within a
reasonable time; and
(7) a statement 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
this article and the time it will take to reasonably perform the work.
(c) Identity of persons to receive notice. To determine the identity and address of each
owner, mortgagee, and lienholder, the chief building official shall search the following
records:
(1) county real property records of the county in which the building is located;
(2) appraisal district records of the appraisal district in which the building is located;
(3) records of the secretary of state;
(4) assumed name records of the county in which the building is located;
(5) tax records of the city; and
(6) utility records of the city.
(d) Delivery of notice.
(1) Notice of a hearing shall be personally delivered, sent by certified mail with
return receipt requested, or delivered by the United States Postal Service using
signature confirmation service, to each identified owner, mortgagee and
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lienholder. If personal service cannot be obtained and the owner's post office
address is unknown, notice shall be given by publishing it at least twice within a
10-day period in a newspaper of general circulation in the county in which the
building is located and posting the notice on or near the front door of the building.
(2) The notice will be considered delivered if notice is mailed in accordance with this
section to a property owner, lienholder, mortgagee, or registered agent and the
United States Postal Service returns the notice as "refused"or"unclaimed."
(e) Filing notice. In addition to providing notice of the hearing in accordance with
subsection (d) of this section, the chief building official shall also file notice of the
hearing in the official public records of real property in the county in which the property
is located. Such notice must contain the name and address of the owner of the affected
property if that information can be determined, a legal description of the affected
property, and a description of the hearing.
Sec. 18-1336. Public hearing.
(a) Hearing. The municipal court judge shall hold a public hearing to determine whether a
building complies with the standards set forth in this article and is substandard as
described in this article. At the public hearing, the owner, lienholder and mortgagee will
be given the opportunity to comment, testify or present witnesses or written information
about any matter relating to the substandard building.
(b) Burden of proof.
(1) In the public hearing, the chief building official shall have the burden of proof to
demonstrate that the building is substandard as described by section 18-1332.
(2) In a public hearing, the owner, lienholder, or mortgagee has the burden of proof to
demonstrate the scope of any work that may be required to comply with this
article and the time it will take to reasonably perform the work.
Sec. 18-1337. Order.
(a) Generally. After the public hearing, if a building is found in violation of standards set
out in this article, the municipal court judge may order that the building be vacated,
secured, repaired, removed, or demolished and may also order that the occupants be
relocated within a reasonable time. The order issued by the municipal court judge shall
specify a reasonable period of time for the owner to take the ordered action and may
specify an additional reasonable period of time for the ordered action to be taken by the
mortgagees or lienholders in the event the owner fails to comply with the order within the
time period provided for action by the owner. The order shall require the owner,
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lienholder or mortgagee to file proof of compliance as specified in section 18-1337(g)
with the municipal court.
(b) Reasonable period of time to comply with order.
(1) Thirty days. The order shall require the owner, lienholder, or mortgagee of the
building within 30 days to:
(a) secure the building from unauthorized entry; or
(b) repair, remove, or demolish the building, unless the owner or lienholder
establishes at the hearing that the work cannot reasonably be performed
within 30 days.
(2) Thirty-one to ninety days. If the municipal court judge grants the owner,
lienholder, or mortgagee more than 30 days to repair, remove, or demolish the
building, the order shall set forth specific time schedules for the commencement
and performance of the work.
(3) Over ninety days. The order shall not allow the owner, lienholder, or mortgagee
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:
(1) submits a detailed plan and time schedule for the work at the hearing; and
(2) establishes at the hearing that the work cannot reasonably be completed
within 90 days because of the scope and complexity of the work.
(c) Conditions of order.
(1) Submission of reports. If the municipal court judge allows the owner, lienholder,
or mortgagee more than 90 days to complete any part of the work required to
repair, remove, or demolish the building, the order shall require the owner,
lienholder, or mortgagee to regularly submit progress reports, including
inspection results, to the chief building official to demonstrate compliance with
the time schedules established for commencement and performance of the work.
(2) Appearance before the judge. If the municipal court judge allows the owner,
lienholder, or mortgagee more than 90 days to complete any part of the work
required to repair, remove, or demolish the building, the order may require that
the owner, lienholder, or mortgagee appear before the municipal court judge to
demonstrate compliance with the time schedules.
(3) Submission of bond. If the municipal court judge allows the owner, lienholder, or
mortgagee more than 90 days to complete any part of the work required to repair,
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remove, or demolish the building and if the owner, lienholder, or mortgagee owns
property, including buildings, structures or improvements on property, within the
city limits that exceeds $100,000 in total value, the order may require the owner,
lienholder, or mortgagee to post a cash or surety bond approved by the city
attorney in an amount adequate to cover the cost of repairing, removing, or
demolishing a building under this section. In lieu of a bond, the order 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 attorney. 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 order is issued.
(4) Securing. If the municipal court judge allows the owner, lienholder, or mortgagee
more than 30 days to complete any part of the work required to repair, remove, or
demolish the building, the order shall require the owner, lienholder, or mortgagee
to secure the property in a reasonable manner from unauthorized entry while the
work is being perfonned.
(d) Filing the order. Within 10 days after the date that the order is issued, the chief building
official shall file a copy of the order in the office of the city clerk.
(e) Publishing the order. Within 10 days after the date that the order is issued, the chief
building official shall publish in a newspaper of general circulation in the city in which
the building is located a notice containing:
(1) the street address or legal description of the property;
(2) the date of the hearing;
(3) a brief statement indicating the results of the order; and
(4) instructions stating where a complete copy of the order may be obtained.
(f) Mailing the order. After the hearing, the chief building official shall promptly mail by
certified mail with return receipt requested, delivered by the United States Postal Service
using signature confirmation service, or personally deliver a copy of the order to the
owner of the building and to any lienholder or mortgagee of the building in the event the
owner fails to timely take the ordered action. The order will be considered delivered if
notice is mailed in accordance with this section to a property owner, lienholder,
mortgagee, or registered agent and the United States Postal Service returns the notice as
"refused" or"unclaimed."
(g) Proof of compliance. The following shall be proof of compliance with the order of the
municipal court judge:
(1) a certificate of completion issued by the chief building official if the building is
secured in accordance with section 18-1310;
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(2) a certificate of completion issued by the chief building official if the building is
demolished in accordance with section 18-130;
(3) a certificate of occupancy issued by the chief building official if the building is
repaired in accordance with section 18-1333.
Sec. 18-1338. Failing to comply with order.
(a) If the building is not vacated, secured, removed, or demolished, or the occupants are not
relocated within the allotted time, the city may vacate, secure, remove, or demolish the
building or relocate the occupants at its own expense. However, this subsection does not
limit the ability of the city to collect on a bond or other financial guaranty required by the
municipal court judge.
(b) If the city incurs expenses under subsection (a), the city may assess the expenses,
including and the actual cost of elimination procedures plus an administrative charge of
$100.00, on and the city shall have a lien against the property on which the building was
located unless it is a homestead as protected by the Texas Constitution. The lien will be
extinguished if the property owner or another person having an interest in the legal title to
the property reimburses the city for its expenses. The lien arises and attaches to the
property at the time the notice of lien is recorded and indexed in the office of the county
clerk in the county in which the property is located. The notice of lien must contain the
name and address of the owner if that information has been determined in accordance
with section 18-1335(c), a legal description of the real property on which the building
was located and the amount of expenses incurred by the city and the balance due. The
lien shall be a privileged lien subordinate only to tax liens.
(c) If the building is not repaired within the allotted time, the municipal court judge shall
hold a public hearing pursuant to 18-1336 and issue another order pursuant to section 18-
1337.
(d) The municipal court judge may order the chief building official to revoke any permit
issued in furtherance of an order to secure, repair, remove or demolish if the action
ordered by the judge is not performed within the time schedules established for
commencement and performance of the work in the judge's order.
Section 15: That Chapter 26 "Community Development" of the Code of Ordinances,
Baytown, Texas, is hereby repealed in its entirety.
Section 16: That Chapter 42 "Health and Sanitation," Article 11 "Public Health
Hazards," Division 2 "Public Health Nuisances," Section 42-61 "Conditions creating nuisance"
of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
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CHAPTER 42. HEALTH AND SANITATION
ARTICLE II. PUBLIC HEALTH HAZARDS
DIVISION 2. PUBLIC HEALTH NUISANCES
Sec. 42-61. Conditions creating nuisance.
(a) Applicability. Nuisances as described in this division are prohibited within the
corporate limits of the city and within 5,000 feet therefrom, regardless if the same
pertain to residential or non-residential properties.
(b) Generally. Whenever any condition described in this division or other weeds, brush,
rubbish and all other objectionable and unsanitary matter of whatever nature shall exist,
covering or partly covering the surface of any lot or parcel of real estate, or where there
are holes in the ground that could fill with and hold stagnant water or if from any other
cause such real estate shall be in a condition to cause disease or to produce, harbor or
spread disease or to render the surrounding atmosphere unhealthy, unwholesome or
obnoxious, such conditions on the real estate are declared public nuisances, and prompt
abatement is declared to be public necessity. Any such nuisance shall be removed from
such premises or otherwise disposed of.
(c) Certain minimum standards.
(1) All property shall be kept free from organic and inorganic material that might
become a health, accident or fire hazard. All improved and unimproved
property, shall be kept reasonably clean at all times. Containers with covers
shall be provided for the temporary storage of garbage and rubbish.
(2) Materials of an inflammable nature shall be safely stored as provided in the fire
prevention code or removed from the premises.
(3) All property shall be kept cut or mowed to prevent weeds, brush or other plant
growth from becoming a health or fire hazard. Weeds, brush and other plant
growth shall be cut or mowed on all exterior property areas whenever such
weeds, brush or other plant growth are allowed to grow to an extent determined
to be a fire or health hazard. All sidewalks, driveways and entrances used for
ingress and egress shall be free from weeds, brush, overhanging or protruding
limbs of trees and other plant growth. Any limbs of trees that have become
rotted or decayed to the point of being dangerous to persons shall be removed.
(4) Sewage must be discharged into a public sewer system, except as provided in
section 98-90. Discharge of inadequately treated sewage shall not be permitted
upon the surface of the ground or into natural or artificial surface drainageways.
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(5) No privy or dry closet shall be constructed or maintained in the city without the
written approval of the city's director of health.
(6) All properties shall be kept reasonably free from sources of insect, vermin and
rodent breeding, harborage and infestation. Where insect, rodent or vermin
breeding areas, harborage or infestation exist, such areas, harborage or
infestation shall be eliminated.
Section 17: That Chapter 42 "Health and Sanitation," Article II "Public Health
Hazards," Division 2 "Public Health Nuisances," Section 42-62 "Maintenance of Premises" of
the Code of Ordinances, Baytown, Texas, is hereby amended to add a new subsection numbered
subsection(c), which subsection shall read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE II. PUBLIC HEALTH HAZARDS
DIVISION 2. PUBLIC HEALTH NUISANCES
Sec. 42-62. Maintenance of premises.
(c) It shall be unlawful for the owner or occupant of a structure or property to utilize the
premises for the open storage of any icebox,refrigerator, stove, glass, building material,
building rubbish or similar items. It shall be the duty and responsibility of every such
owner or occupant to keep the premises of such residential property clean and to
remove from the premises all such abandoned items.
Section 18: That Chapter 98 "Utilities," Article IV "Sewer Service" of the Code of
Ordinances, Baytown, Texas, is hereby amended to add a new section to be numbered and
entitled Section 98-90 "Plumbing connections to sewer lines," which section shall read as
follows:
CHAPTER 98. UTILITIES
ARTICLE IV. SEWER SERVICE
Sec. 98-90. Plumbing connections to sewer lines.
All plumbing fixtures installed within a structure, whether residential or nonresidential,
shall be connected to sewer lines that discharge into a public sewer system if such line lies
within 300 feet of other approved means of disposal. Plumbing fixtures not connected to a
public sewer system shall be connected to an approved sewage disposal system. Such private
sewage disposal system shall be constructed and repairs or additions made in accordance with
the applicable regulations of the city. No sewage from a plumbing system shall be discharged
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into state waters, unless specially approved by the authority having jurisdiction in accordance
with state law.
Section 19: Any person who fails to comply with any provision of this ordinance
included in Sections 2, 15 and 16 hereof shall be guilty of a misdemeanor and, upon conviction,
shall be punished by a fine not exceeding 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 20: Any person who fails to comply with any provision of this ordinance
included in Sections 3 through 13 and 17 hereof 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 21: 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 22: 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 23: This ordinance shall take effect on January 1, 2012. 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 v of the City Council of the
City of Baytown,this the 21" day of November, 2011. s
ST . DONCARLOS Mayor
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