HomeMy WebLinkAboutOrdinance No. 2012-1953
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2012-1953
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING OF THE CODE OF ORDINANCES,
CHAPTER 6, ENTITLED "BUILDING, CONSTRUCTION, HEALTH,
AND SANITATION," SECTION 6-94 ENTITLED "ACTION BY CITY ON
NONCOMPLIANCE WITH ORDER OF THE BUILDING AND
STANDARDS COMMISSION," SUBSECTION (C) TO INCLUDE THAT
FOLLOWING THIRTY (30) CALENDAR DAYS AFTER THE DATE A
COPY OF THE ORDER OF THE COMMISSION IS PERSONALLY
DELIVERED THE CITY MAY VACATE, SECURE, REMOVE, OR
DEMOLISH A SUBSTANDARD STRUCTURE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapters 54 and 214 of the Texas Local Government Code, provide the
authority for the City of The Colony, Texas, to abate substandard structures; and
WHEREAS, on January 27, 2012, the Texas Supreme Court in the court case of City of
Dallas v. Stewart, concluded in pertinent part, that a property owner has thirty (30) days pursuant
to Section 214.0012 of the Texas Local Government Code to appeal a nuisance determination
made by a city administrative board, such as the City's Building and Standards Commission; and
WHEREAS, the City Council of the City of The Colony, Texas, finds and determines
that it is necessary to amend Section 6-94(c) of the Code of Ordinances to address the time frame
for the City of take action following the noncompliance with an order of the City's Building and
Standards Commission.
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 in Chapter 6, Article III, Division 3, Section 6-94(c), which shall read
as follows:
" (c) If a building 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, 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 (10) 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."
SECTION 3. 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 4. 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 5. 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 6. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS day of ' - 'L 92012.
G
J McCourry ayor
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ATTEST:,
Christie Nilson, City Secretary
APPROVED AS TO FORM:
,~ry Jeff Moore, City Attorney `47zz~ x