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HomeMy WebLinkAboutOrdinance No. 2015-2167 CITY OF THE COLONY,TEXAS ORDINANCE NO. —2-0 --2-1 lo'� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE III, ENTITLED "MINIMUM HOUSING AND BUILDING STANDARDS CODE," BY AMENDING SECTIONS 6-72, 6-79, 6-82, 6-86, 6-87, 6-91, 6-93, 6-94 OF THE CODE OF ORDINANCES, BY ESTABLISHING THE AUTHORITY FOR THE BUILDING AND STANDARDS COMMISSION TO ENFORCE ENUMERATED HEALTH AND SAFETY ORDINANCES AS AUTHORIZED BY CHAPTER 54 OF TEXAS LOCAL GOVERNMENT CODE, INCLUDING WATER CONSERVATION MEASURES INCLUDING WATER RESTRICTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH AND EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony,Texas("City Council"),upon full consideration of the matters, has determined the necessity and desirability of providing regulations concerning the inspection of buildings within the jurisdictional limits of the City of The Colony, Texas("City"); and WHEREAS, in 2013, the Texas Legislature approved Senate Bill 654 (2013), which in part, amended section 54.032 of the Texas Local Government Code to authorize the building and standards commission to hear cases involving ordinances related to water conservation measures, including watering restrictions; and WHEREAS, the City Council has discussed and considered such revisions and has determined that it is in the best interest of the City to repeal the current Chapter 6, Section 6-87 and replace it with a new Chapter 6, Section 6-87 to regulate the inspection of commercial buildings within the City of The Colony,Texas,in accordance with State law. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the same is,hereby amended by amending Chapter 6, Section 6-72, entitled"Purpose,"which shall read as follows: "Sec. 6-72. Purpose. The purpose of this article is to protect the public health, safety and welfare of the citizens of the city by establishing minimum standards governing the construction, use, occupancy and maintenance of all buildings, structures, or improvements establishing minimum standards governing utilities, facilities and other physical components and conditions essential to make all buildings and structures safe, sanitary and fit for human use, occupancy and habitation; fixing certain responsibilities and duties of owners, operators, agents and occupants of all buildings; authorizing and establishing procedures for the inspection of all buildings, structures, or improvements and the condemnation and vacation of those buildings unfit for human use, occupancy and habitation; and fixing penalties for the violation of the provisions of this article. This article is hereby declared to be remedial and essential to the public interest, and it is intended that this article be liberally construed to effectuate the purposes as stated above." SECTION 3. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by amending Chapter 6, Section 6-79, entitled "Exterior property areas," by adding a new subsection(g),which shall read as follows: "Sec. 6-79. Exterior property areas. (g) Swimming pools, spas, ponds and fountains. Water in swimming pools, spas, ponds, fountains and other containers shall be maintained to prevent the breeding or harborage of insects, and shall not emit odors that are foul and offensive to a person of reasonable sensibilities. The flow of water from openings or breaches in water supply lines shall be stopped, and repair performed as necessary to eliminate the loss of water." SECTION 4. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by amending Chapter 6, Section 6-82, entitled "Sanitation/utility standards,"by amending subsections(d) and(h),which shall read as follows: "Sec. 6-82. Sanitation/utility standards. (d) Fixtures. All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system. All plumbing fixtures shall be connected to an approved system of water supply and provided with hot and cold running water necessary for its normal operation. All plumbing fixtures shall be of an approved glazed earthenware type or of a similarly nonabsorbent material. All plumbing fixtures shall be installed and maintained in a safe and sanitary condition. The flow of sewage or water from openings or breaches in water supply lines or sewage disposal lines shall be stopped, and repair performed as necessary to eliminate sanitary hazards. (h) Connection to water system. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code. The flow of water from openings or breaches in water supply lines shall be stopped, and repair performed as necessary to eliminate the loss of water." SECTION 5. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by amending Chapter 6, Section 6-86, entitled "Criteria for establishing," by amending the definition of"Hazardous plumbing,"which shall read as follows: "Hazardous plumbing: All plumbing, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross connections and siphonage between fixtures. Hazardous plumbing fixtures shall include those fixtures that allow the flow of sewage or water from openings or breaches in water supply lines or sewage disposal lines." SECTION 6. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by amending Chapter 6, Section 6-87, entitled `Building and standards commission,"which shall read as follows: "Sec. 6-87. Building and standards commission. (a) There is hereby created the building and standards commission, composed of five members, which shall consist of the members of the zoning board of adjustment. Persons appointed to the zoning board of adjustment shall also automatically be appointed to the building and standards commission. The zoning board of adjustment shall not assume or perform any duties or responsibilities of the building and standards commission, nor shall the building and standards commission assume or perform any duties or responsibilities of the zoning board of adjustment, each such board being separate and distinct boards. Members must be residents of the city. Their appointment is for a term of two years or until replacements are appointed. (b) The building and standards commission has authority to enforce the enumerated health and safety ordinances as authorized by V.T.C.A., Local Government Code ch. 54, subch. C, as amended. Specifically the commission hears cases relative to ordinances, including the following: (1) For the preservation of public safety, relating to the materials or methods used to construct a building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits, including, but not limited to, the building codes as adopted and the minimum standards for buildings in this chapter; (2) Relating to the fire safety of a building or improvement, including,but not limited to, provisions in the International Fire Code as adopted in chapter 9 herein, relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design, or width of entrances or exits; (3) Relating to dangerously damaged or deteriorated buildings or improvements; (4) Relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; (5) Relating to a building code or to the condition, use, or appearance of property in the city, including, but not limited to, provisions regarding the minimum standards for buildings in this chapter; or (6) Relating to water conservation measures, including watering restrictions." SECTION 7. That the Code of Ordinances of the City of The Colony, Texas be, and the same is,hereby amended by amending Chapter 6, Section 6-91, entitled"Action of the building and standards commission,"which shall read as follows: "Sec. 6-91. Action of the building and standards commission. After a public hearing, if a building or property is found to be in violation of this chapter, the commission may: (a) Enter into the minutes its findings that: (1) A building or property is in violation of the minimum standards of this chapter; (2) A building or property is dilapidated, substandard, or unfit for human habitation and/or a hazard to the public health, safety, and welfare; (3) A building is unoccupied by its owners, lessees, or other invitees and 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; (4) A building is boarded up, fenced, or secured,but: a. 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 by vagrants, children, or other uninvited persons. (5) The materials or methods used to construct the building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits do not meet the standards set forth in this chapter in regard to the preservation of public safety; (6) A building or improvement does not meet fire safety standards as designated in the International Fire Code as adopted in chapter 9 herein; (7) A building or use thereof is in violation of sections 6-196 to 6-199 and chapter 6 herein in that there exist conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; (8) The condition, use, or appearance of property is in violation of the minimum standards in this chapter; (9) A building, structure or improvement is an unsafe and unsanitary condition due to the flow of sewage or water from openings or breaches in water supply lines or sewer lines; (10) Determine the amount and duration of final civil penalties the city may recover; and (11) Determine that a building fails to meet the requirements necessary to retain a certificate of occupancy or multifamily dwelling community license. (b) Make an order that: (1) Declares a building or property substandard; (2) The owner, lienholder, or mortgagee of a building or property: a. Secure it from unauthorized entry; or b. Repair,remove, or demolish the building, structure or improvement. (3) Persons or property be immediately removed from a building and designate the city to enter on the property to secure the removal if it is determined that conditions exist on the property that constitute a violation of this chapter; (4) Action be taken as necessary to remedy, alleviate, or remove any substandard building or other nuisance found to exist on the property; (5) The building(s) be vacated and/or that any or all occupants be relocated within a reasonable time; (6) Authorizes any peace officer of the state, including the police chief, sheriff, or constable, to enforce and carry out the lawful order or directives of the commission; and (7) The owner(s) of the property pay to the city the amount of civil penalties found to be owed. The commission may not order conditional civil penalties. (c) Time limits: (1) An order may require that a building, structure, or improvement shall be secured as found necessary in a manner which prevents entry by unauthorized persons within 30 days. (2) An order may require that a building, structure, or improvement must be repaired, removed, or demolished within 30 days unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days. (3) If the commission allows the owner, lienholder, mortgagee, manager, or occupant more than 30 days to repair, remove, or demolish the building, structure, or improvement the commission shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder, mortgagee, manager, or occupant to secure the property in a reasonable manner from unauthorized entry while the work is being performed. (4) The commission may not allow the owner, lienholder, mortgagee, manager, or occupant more than 90 days to repair, remove, or demolish the building, structure, or improvement or fully perform all work required to comply with the order of the commission unless the owner, lienholder,mortgagee,manager, or occupant: a. Submits a detailed plan and time schedule for the work at the hearing; and b. Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work. (5) If the commission allows the owner, lienholder, mortgagee, manager, or occupant more than ninety (90) days to complete any part of the work required to repair, remove, or demolish the building, structure, or improvement, the commission shall require the owner, lienholder, mortgagee, manager, or occupant to regularly submit progress reports to the commission to demonstrate that the owner, lienholder, mortgagee, manager, or occupant complied with the time schedules established by the commission for commencement and performance of the work. The order may require that the owner, lienholder, mortgagee, manager, or occupant appear before the commission to demonstrate compliance with the schedules. If the owner, lienholder, or mortgagee owns property, including structures or improvements on the property, within the city boundaries that exceeds $100,000.00 in total value, the commission 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. In lieu of a bond, the commission 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 commission. The bond must be posted, or the letter of credit, or third party guaranty provided, not later that the thirtieth day after the date the commission issues the order." SECTION 8. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by amending Chapter 6, Section 6-93, entitled "Action by city after building and standards commission issues order,"which shall read as follows: "Sec. 6-93. Action by city after building and standards commission issues order. (a) Within ten days after the date a building and standards commission order is issued, the city shall: (1) File a copy of the order in the office of the city secretary; and (2) Publish in a newspaper of general circulation in the city a notice containing: a. The street address or legal description of the property; b. The date of the hearing; c. A brief statement indicating the results of the order; and d. Instructions state where a complete copy of the order may be obtained. (b) The city shall promptly mail by certified mail with return receipt requested, deliver by the United States Postal Service using signature confirmation service, or personally deliver a copy of the order to the owner of the building, structure, or improvement and to any lienholder or mortgagee of the building, structure, or improvement. The city shall use its best efforts to determine the identity and address of any owner, lienholder, or mortgagee of the building, structure, or improvement. (c) The city satisfies the requirements of this section to make a diligent effort, to use its best efforts, or to make a reasonable effort to determine the identity and address of an owner, a lienholder, or a mortgagee if the city searches the following records: (1) Denton County Official Public Records of Real Property; (2) Denton County Appraisal District records; (3) Records of the secretary of state; (4) Denton County assumed name records; (5) Tax records of the city; and (6) Utility records of the city. (d) Upon a finding by the commission that a building is dangerously damaged or deteriorated, or is likely to endanger persons or property, the city may place a placard on all dwelling units which the commission has determined to be dangerously damaged or deteriorated, or likely to endanger persons or property, with the following language: "Warning! This Structure has been found to be dangerously damaged or deteriorated or likely to endanger Persons or property. The Building/Unit is to be vacated immediately. This notice is to remain on this Building until it is repaired or demolished in compliance with the order of the Building and Standards Commission. It is unlawful to remove this Placard." SECTION 9. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by amending Chapter 6, Section 6-94, entitled "Action by city on noncompliance with order of the building and standards commission,"which shall read as follows: "Sec. 6-94. Action by city on noncompliance with order of the building and standards commission. (a) If an owner does not take the action ordered by the commission within the allotted time, the city shall make a diligent effort to discover each mortgagee and lienholder having an interest in the building or property on which the building is located. The city shall personally deliver, send by certified mail with return receipt requested, or deliver by the United States Postal Service using signature confirmation service, to each identified mortgagee and lienholder a notice containing: (1) An identification, which is not required to be a legal description, of the building and the property on which it is located; (2) A description of the violation that is present at the building or property; and (3) 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. (b) As an alternative to subsection(a): (1) The city may make a diligent effort to discover each mortgagee and lienholder before conducting the commission's public hearing and may give them a notice of and an opportunity to comment at the hearing. (2) In addition, the city may file notice of the hearing in the official public records of real property in Denton County. a. The 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. b. The filing of the notice is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after the filing of the notice, and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice. (3) If the city operates under this subsection, the order issued by the commission may specify a reasonable time as provided by the time limits described in section 6-91 herein for the building, structure, or improvement to be vacated, secured, repaired, removed, or demolished by the owner or for the occupants to be relocated by the owner and an additional reasonable time as provided by section 6-91 for the ordered action to be taken by any of the mortgagees or lienholders in the event the owner fails to comply with the order within the time provided for action by the owner. (4) Under this subsection, the city is not required to furnish any notice to a mortgagee or lienholder other than a copy of the order in the event the owner fails to timely take the ordered action. (c) If a building, structure, or improvement is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time, the city following 30 calendar days after the date a copy of the order of the commission is personally delivered, mailed by first class mail, certified return receipt requested, or delivered to them by the United States Postal Service using signature confirmation service, to all persons to whom notice is required to be sent under V.T.C.A., Local Government Code § 54.035, as amended, and consistent with V.T.C.A., Local Government Code § 214.0012(a), as amended,may: (1) Vacate, secure, remove, or demolish the building, structure, or improvement or relocate the occupants at its own expense and then collect on a bond or other financial guaranty that may be required in this chapter; (2) If the building is a residential building with ten or fewer dwelling units,repair the building to the extent necessary to bring the building into compliance with the minimum standards; and (3) Withdraw the owner's certificate of occupancy and cancel the license authorized by this chapter for those units or structures in violation. (d) If the city incurs expenses under this section,the city may assess the expenses on, and the city has a lien against,unless it is a homestead as protected by the Texas Constitution, the property on which the building, structure, or improvement was located. 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 and indexed in the office of the Denton County Clerk. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the city, and the balance due. (e) If the notice is given and the opportunity to relocate the residents of the building, or to repair, remove, or demolish the building, structure, or improvement is afforded to each mortgagee and lienholder as authorized herein, the lien is a privileged lien subordinate only to tax liens. (f) In any judicial proceeding regarding enforcement of the city's rights under V.T.C.A., Local Government Code § 214.0015 and this article, the prevailing party is entitled to recover reasonable attorney's fees from the nonprevailing party." SECTION 10. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance,or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction,such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 11. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 12. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 13. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROV BY THE ITY COUNCIL OF THE CITY OF THE COLONY,TEXAS,THIS / day of ,2015. J McCo ,Mayor ,t,` ,,,,,,,,,,,,,,, ATTE T: 1,l,y OF,THS id Ikke4-03"-) t• SEAQ-► Christie Wilson,City Secretary - ' ' ' :OVED AS TO FORM: TEXAS Jeff Moore,City Attorney