HomeMy WebLinkAboutOrdinance 3361 ORDINANCE NO. 3361
AN ORDINANCE AMENDING SECTIONS 98-463, 98-465, 98-466,
98-468, 98-469 AND 98-470 OF THE NORTH RICHLAND HILLS
CODE OF ORDINANCES TO PROVIDE FOR A SINGLE HEARING
FOR THE IMPOSITION OF CIVIL PENALTIES AS AN
ALTERNATIVE TO OTHER ACTION IMPOSED BY THE
SUBSTANDARD BUILDING BOARD; CHANGING THE
DESIGNATION OF THE PERSON WHO WILL ISSUE NOTICES
AND CARRY OUT OTHER FUNCTIONS; PROVIDING FOR
SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, staff has recommended changes to the regulations concerning
substandard buildings to provide notices to be issued by the director of
neighborhood services and providing for a single hearing for determining
whether a civil penalty for violations of the city's building standards
ordinance should be imposed when the substandard building board
considers whether to require repairs or demolition should be ordered
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
Section 1: THAT Sections 98-463, 98-465, 98-466, 98-468, 98-469 and 98-470 of the
North Richland Hills Code of Ordinances are hereby amended to read as
follows:
"Sec. 98-463. - Notices and orders of director of neighborhood services and building
official.
(a) Right of entry. When it is necessary to make an inspection to enforce the provisions
of this article, or when the building official or director of neighborhood services or
designee has a reasonable cause to believe that there exists in a building or upon a
premises a condition which is contrary to or in violation of this article which makes the
building or premises unsafe, dangerous, or hazardous, the building official or director of
neighborhood services or designee may enter the building or premises at reasonable
times to inspect or perform the duties imposed by this article, provided that if such
building or premises is occupied credentials shall be presented to the occupant and
entry shall be requested. If such building or premises is unoccupied, the building official
or director of neighborhood services or designee shall first make a reasonable effort to
locate the owner or other person having charge or control of the building or premises
and request entry. If entry is refused, the building official or director of neighborhood
services shall have recourse to the remedies provided by law to secure entry. The
building official or director of neighborhood services is designated as the person who
may be issued a search warrant pursuant to Vernon's Ann. C.C.P. art. 18.05, upon
presentation of evidence to a magistrate of probable cause to believe that a fire or
health hazard or violation or unsafe building condition is present in the premises sought
Ordinance No.3361
Page 1 of 9
to be inspected. Upon searching the premises, a copy of the warrant shall be presented
to the owner if present or if not present, to any person present who is in possession of
the property. If the building official or director of neighborhood services takes anything
from the property, he shall prepare an inventory and leave a copy with the owner or
person in possession of the premises.
(b) Commencement of proceedings. Whenever the building official or director of
neighborhood services has inspected or caused to be inspected any building, and has
found and determined that such building is:
(1) Dilapidated, substandard, or unfit for human habitation and a hazard to the public
health, safety, and welfare or in violation of the ordinances of the city;
(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 (b)(2) directly above, the
building official or director of neighborhood services shall commence proceedings to
cause the repair, rehabilitation, vacation, removal or demolition of the building.
(c) Notice. The building official or director of neighborhood services shall issue a notice
directed to the record owner of the building. The notice shall contain:
(1) The street address and description (legal or other) sufficient for identification of the
premises upon which the building is located;
(2) A statement that the building official or director of neighborhood services has found
the building to be substandard or in violation of city ordinances with a brief and concise
description of the conditions found to render the building dangerous;
(3) A statement of the action required to be taken as determined by the building official
or director of neighborhood services;
(4) A requirement that the owner or person in charge of the building or premises secure
required permits and commence the required action within 15 days from the date of
such notice and that all work be completed within such time as the building official or
director of neighborhood services shall determine is reasonable;
Ordinance No.3361
Page 2 of 9
(5) If the building official or director of neighborhood services has determined that the
building or structure must be vacated, the notice shall contain a requirement that the
building be vacated within such time from the date of the notice as determined by him to
be reasonable;
(6) A statement advising that if any required repair or demolition work is not commenced
within the time specified, the building official or director of neighborhood services will,
without further notice, order the building vacated and posted to prevent further
occupancy until the work is completed; and
(7) A statement advising that if any required repair or demolition work is not commenced
or completed within the time specified, proceedings will be commenced to have the
building repaired, removed or demolished and the cost of such assessed as a charge
against the land.
(d) Service of notice. The notice and any amended notice shall be served upon the
record owner.
(e) Method of service. Service of notice shall be made upon all persons entitled there to
either personally or by mailing a copy of such notice and order by certified mail, postage
prepaid, return receipt requested, to each such person at his address as it appears on
the last tax roll of the city, or as known to the building official or director of neighborhood
services. If no address of any such person so appears or is known to the building official
or director of neighborhood services, then a copy of the notice and order shall be
published twice within ten consecutive days in a newspaper of general circulation in the
city. Failure to receive such notice or order shall not affect the validity of any
proceedings taken under this section. Service by certified mail in the manner provided in
this section shall be deemed effective on the date of mailing. Service by publication
shall be deemed effective on the date of the second publication.
(f) Order to vacate. An order to vacate immediately may be issued only if the building or
structure is in such condition as to make it immediately dangerous to the life, limb,
property or safety of the public or of the occupants.
(g) Posting. Every notice to vacate shall, in addition to being served as provided in
subsection (e) of this section, be posted at or upon each exit of the building, and shall
be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a Misdemeanor to Occupy this Building or to Remove or Deface this Notice
Building Official and/or Director of Neighborhood Services
City of North Richland Hills, Texas
Sec. 98-465. - Enforcement.
Ordinance No.3361
Page 3 of 9
If the required repair or demolition has not been commenced within 15 days from the
date of any notice served pursuant to this article, or if required action has not been
completed as required by such notice, the building official or director of neighborhood
services shall commence proceedings as follows:
(1) The building official or director of neighborhood services or designee shall cause
such building to be vacated by posting at each entrance thereto a notice reading:
SUBSTANDARD BUILDING
It is a Misdemeanor to Occupy this Building
or to Remove or Deface this Notice
Director of Neighborhood Services and/or Building Official
City of North Richland Hills, Texas
(2) A public hearing shall be scheduled before the substandard building board to
determine whether the building complies with the standards set out in this article and
whether there has been a violation of a city ordinance which has continued after the
owner has been made aware of such and been advised of what needs to be done to
correct the violation and to consider to decide whether to order the repair, removal or
demolition and whether to cause the cost of such work to be paid and levied as a
special assessment against the property and whether a civil penalty should be
assessed against the owner..
(3) The substandard building board shall hold the hearing noticed and enter its order
concerning the property as soon as possible thereafter.
(4) A title search shall be conducted to discover each owner, mortgagee and lienholder.
A diligent search shall be made by searching the following records:
a. County real property records;
b. Appraisal district records;
c. Records of the secretary of state;
d. Assumed name records of the county;
e. Tax records of the city; and
f. Utility records of the city.
(5) Notice of the public hearing to be held before the substandard building board shall
be given on or before the tenth day before the hearing by causing a notice to be
published in the city's official newspaper and mailed by certified mail, return receipt
requested or personally delivered to the owner of such property and to each mortgagee
and lienholder having an interest in the building or in the property on which the building
Ordinance No.3361
Page 4 of 9
is located. Notice shall also be posted on the front door of the building which is the
subject of the proceeding or as close thereto as is practicable. The notice shall include
the date, time and place of such hearing and shall state that the owner, lienholder or
mortgagee will be required to submit 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 together with:
a. The name and address of the record owner;
b. The street address of the premises;
c. An identification, which is not required to be a legal description, of the building and
the property on which it is located;
d. A description of the violation of city standards that is present at the building; and
e. 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.
(6) The Director of Neighborhood Services or designee shall, at the time notices are
mailed, file a notice of the hearing in the county clerk's office, stating the name and
address of the owner, if such can be determined, a legal description of the land, and
stating the purpose, time and place of the hearing, which notice shall be binding on all
subsequent grantees, lienholders, or other transferees of any interest in the property
who acquire such interest after the filing of such notice.
(7) After conducting a hearing authorized under this section, if the substandard building
board finds that the allegations are true, the substandard building board shall require
the owner, of the building to, within 30 days:
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.
(8) If the substandard building board allows more than 30 days to repair, remove, or
demolish the building, the substandard building 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, as determined by the
substandard building board.
(9) The owner, lienholder, or mortgagee shall not be allowed 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:
Ordinance No.3361
Page 5 of 9
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. If the substandard building
board allows the more than 90 days to complete any part of the work required to repair,
remove, or demolish the building, the owner, lienholder, or mortgagee shall be required
to regularly submit progress reports to the city to demonstrate that the owner,
lienholder, or mortgagee has complied with the time schedules established for
commencement and performance of the work. The order may require that the owner,
lienholder, or mortgagee appear before the substandard building board or its designee
to demonstrate compliance with the time schedules. If the owner, lienholder or
mortgagee owns property within the city that exceeds $100,000.00 in value, the
substandard building board may require the posting of a cash or surety bond in an
amount adequate to cover the cost of repairing, removing or demolishing a building
which is the subject of an order hereunder. Any such bond must be posted no later than
the 30th day after the order is issued.
(10) In a public hearing to determine whether a building complies with the standards set
out in this article, 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. The substandard building board
shall specify a reasonable time for the building 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 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
provided for action by the owner.
(11) The substandard building board's requirement shall be reduced to writing and shall
be considered an order. Within ten days after the date that the order is issued, the
Director of Neighborhood Services or designee shall:
a. File a copy of the order in the office of the municipal secretary or clerk; and
b. Publish in a newspaper of general circulation in the municipality 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.
Ordinance No.3361
Page 6 of 9
(12) After the hearing, the Director of Neighborhood Services or designee shall promptly
mail by certified mail, return receipt requested, or personally deliver a copy of the order
to the owner of the building, and to any lienholder or mortgagee of the building.
Sec. 98-466. - Performance of work by the city.
(a) Procedure. When any work of repair, removal, demolition, or securing is to be
performed by the city pursuant to the provisions of an order of the board or city council,
the work may be accomplished by city personnel or by private contract as determined to
be necessary. Rubble and debris shall be removed from any premises and the lot
cleaned if removal or demolition is ordered. The building or building materials may be
sold if removal or demolition is ordered, and the proceeds shall be used to offset costs
of the work.
(b) Costs. The cost of the work shall be paid from city funds and shall constitute a
special assessment and a lien against the property to secure payment, together with ten
percent interest on the amount from the date on which the work is performed.
(c) Repair to minimum standards only. The city may repair the building at its own
expense and assess the expenses on the land on which the building stands or is
attached to only to the extent necessary to bring the building into compliance with
minimum standards, and only if the building is a residential building with ten or fewer
dwelling units. The repairs may not improve the building to the extent that it exceeds
minimum housing standards....
Sec. 98-468. - Prohibitions against service.
No utility service, building permit or certificate of occupancy shall be allowed for any
such property until any lien imposed pursuant to section 98-467 is discharged.
Sec. 98-469. - Unoccupied buildings; dangerous buildings.
(a) Securing of unoccupied, substandard building. Notwithstanding any other provisions
of this article, the city may secure a building if the building official or director of
neighborhood services determines:
(1) That the building violates the minimum standards set forth herein; and
(2) That the building is unoccupied or is occupied only by persons who do not have the
right of possession to the building.
(b) Notice to the owner. Before the 11th day after the date the building is secured
pursuant to subsection (a) of this section, the building official or director of
neighborhood services or designee shall give notice to the owner by:
(1) Personally serving the owner with written notice;
(2) Depositing the notice in the United States mail addressed to the owner at the
owner's post office address;
Ordinance No.3361
Page 7 of 9
(3) Publishing the notice at least twice within a ten-day period in a newspaper of general
circulation in the county in which the property is located, if personal service cannot be
obtained and the owner's post office address is unknown; or
(4) Posting the notice on or near the front door of the building if personal service cannot
be obtained and the owner's post office address is unknown.
(c) Contents of notice. The notice must contain:
(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 of the minimum standards present in the building;
(3) A statement that the city will secure or has secured, as the case may be, the
building; and
(4) An explanation of the owner's entitlement to request a hearing about any matter
relating to the city's securing of the building.
(d) Hearing. The substandard building board shall conduct a hearing at which the owner
may testify or present witnesses or written information about any matter relating to the
city's securing, of the building, if, within 30 days after the date the city has taken action
pursuant to subsection (a) of this section, the owner files with the city a written request
for the hearing. The hearing shall be conducted within 20 days after the date the
request is filed.
(e) Expenses incurred by city. If the city incurs expenses under this section, the
expenses incurred shall be a personal obligation of the property owner in addition to a
priority lien upon the property, and costs shall be recovered as provided in this article.
Sec. 98-470. - Civil penalty.
(a) A civil penalty may be assessed against a property owner at the time of an
administrative hearing on violations of an ordinance, in an amount not to exceed $1,000
a day for each violation or, if the owner shows that the property is the owner's lawful
homestead, in an amount not to exceed $10 a day for each violation, if the city proves:
(1) the property owner was notified of the requirements of the ordinance and the
owner's need to comply with the requirements; and
(2) after notification, the property owner committed an act in violation of the ordinance or
failed to take an action necessary for compliance with the ordinance.
Ordinance No.3361
Page 8 of 9
(b) An assessment of a civil penalty under Subsection (a) is final and binding and
constitutes prima facie evidence of the penalty in any suit brought by the city in a court
of competent jurisdiction for a final judgment in accordance with the assessed penalty.
(c) Copy of order filed with district clerk. After the civil penalty is assessed, the city
secretary shall file with the district clerk of the county in which the property is located, a
certified copy of the order assessing the civil penalty stating the amount and duration of
the penalty. No other proof is required for a district court to enter a final judgment on the
penalty."
Section 2: It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable and, if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared unconstitutional or otherwise invalid by
the final judgment or decree of any court of competent jurisdiction, such
invalidity shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the city council without the incorporation in
this ordinance of any such invalid phrase, clause, sentence, paragraph or
section.
Section 3: This ordinance shall be in full force and effect immediately upon passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 13th day of July, 2015.
CITY Ea
NORTH4: ' ' , 0-HILLS
of u►u►►m�ii By: , 7!/ .
�N CM H4:9��':
IC ��,, Oscar Tr_�no, Mayor
UST: •0• , .?i
Alicia Richardson, City See Vi,.ry h /So
APP- g ED AS TO FORM AND „ • LITY:
.��.�I� �11/
Ge:ge A. taples, City Attorney
APP-OVED AS TO CONTENT:
II`.,:.A.a Iii/A.LAalia
tef.j ie Martinez, Di -ctor of Ne.•hborhood Services
Ordinance No.3361
Page 9 of 9
INVOICE
Star-Telegram Customer ID: CIT13
808 Throckmorton St. Invoice Number: 334748131
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 7/18/2015
Federal Tax ID 26-2674582 Terms: Net due in 21 days
Due Date: 7/31/2015
Bill To: PO Number:
CITY OF NORTH RICHLAND HILLS/SE
PO BOX 820609 Order Number: 33474813
NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073
Description: CITY OF NORTH RI
Attn:STACEY HARRISON Publication Dates: 7/16/2015 -7/18/2015
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CITY OF NORTH RICHLAND HILLS 13580 1 68 68 LINE $0.80 $163.20
Net Amount: $163.20
CHRISTY LYNNE HOLLAND +'
tl!R� �= Notary Public,State of Texas '
= My Commission Expires ';
July 3i, 2016
THE STATE OF TEXAS
County of Tarrant
Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star-
Telegram,published by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attached clipping of an advertisement was published in the above named paper the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM
(817)390-7039
Signed
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Friday, ,my 24, 1/
Notary Pub c /• _� . _
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CIT13
P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN
FORT WORTH, TX 76101-2051 Invoice Number: 334748131
Invoice Amount: $163.20
PO Number:
Amount Enclosed: $
CITY OF NORTH RICHLAND HILLS
ORDINANCE NO. 3361
An Ordinance amending Sections 98-
463,98-465,98-466,98-468,98-469
and 98-470 of the North Richland
Hills Code of Ordinances to provide
for a single hearing for the impo-
sition
of civil penalties as an
alternative to other action imposed
by the Substandard Building Board;
changing the designation of the
person who will issue notices and I
carry out other functions;providing
for severability and establishing an
effective date.
Sec. 98-470. -Civil penalty.
(a)A civil penalty may be assessed
against a property owner at the
time of an administrative hearing
on violations of an ordinance,in an
amount not to exceed$1,000 a day
for each violation or, if the owner
shows that the property is the
owner's lawful homestead, in an
amount not to exceed $10 a day
for each violation,if the city proves:
(1)the property owner was notified i
of the requirements of the ordi-
nance and the owner's need to
comply with the requirements;and
(2) after notification, the property
owner committed an act in violation
of the ordinance or failed to take
an action necessary for compliance
with the ordinance.
(b)An assessment of a civil penalty
under Subsection (a) is final and
binding and constitutes prima fade
evidence of the penalty in any suit
brought by the city in a court of
competent jurisdiction for a final
judgment in accordance with the
assessed penalty.
(c) Copy of order filed with district
clerk. After the civil penalty is
assessed, the city secretary shall
file with the district clerk of the
county in which the property is
located,a certified copy of the order
assessing the civil penalty stating
the amount and duration of the
penalty.No other proof is required
for a district court to enter a final
judgment on the penalty.
Passed and Approved on this 13th
day of July, 2015.
/s/Oscar Trevino
Oscar Trevino - Mayor
ATTEST:/s/Alicia Richardson
Alicia Richardson-City Secretary
APPROVED AS TO FORM AND
LEGALITY:
/s/George Staples
George Staples-City Attorney
APPROVED AS TO CONTENT:
/s/Stefanie Martinez
Stefanie Martinez, Director of
Neighborhood Services