HomeMy WebLinkAboutOrdinance 2629
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ORDINANCE NO. 2629
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AN ORDINANCE AMENDING CHAPTER 5 OF THE NORTH
RICHLAND HILLS CODE OF ORDINANCES; ADOPTING
REGULATIONS TO IMPLEMENT THE AUTHORITY GRANTED BY
SUBCHAPTER C OF CHAPTER 54 AND SUBCHAPTER A OF CHAPTER
214 OF THE TEXAS LOCAL GOVERNMENT CODE; DEFINING
SUBSTANDARD BUILDINGS, ESTABLISHING PROVISIONS FOR
NOTICE AND PUBLIC HEARINGS AND PROVIDING FOR
MANDATORY ABATEMENT, FOR ACTION BY THE CITY IF OWNERS
OR LIEN HOLDERS FAIL TO ACT; AND PROVIDING FOR A LIEN TO
BE PLACED ON SUCH PROPERTY TO RECOVER THE COST OF
REMOVING, V ACA TING, SECURING OR DEMOLISHING SUCH
BUILDING; ESTABLISHING A BOARD TO HEAR AND DECIDE
WHETHER BUILDINGS ARE SUBSTANDARD AND THE TIME
REQUIRED TO VACATE, DEMOLISH, OR REPAIR; PROVIDING FOR
SEVERABILITY, FOR PUBLICATION AND ESTABLISHING AN
EFFECTIVE DATE.
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WHEREAS, the City Council finds that the existence of substandard buildings within the City
has a tendency to blight neighborhoods, endanger occupants and reduce property
values and that measures should be enacted pursuant to law to protect the health,
safety and general welfare of the residents of the City; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section I :
THAT Chapter 5 of the North Richand Hills Code of Ordinances be amended by
adding a new Article III which shall read as follows:
"ARTICLE III
SUBSTANDARD BUILDINGS
Sec. 5-70. Purpose.
These regulations are enacted pursuant to the authority granted by Chapters 54 and 214,
Texas Local Government Code, and are intended to establish minimum standards for the
continued use and occupancy of all buildings regardless of the date of their construction
by limiting the definition of substandard and dilapidated buildings to those with specified
defects.
Sec. 5-71. Substandard Buildings.
(a) General. Any building or portion thereof which is determined to be an
unsafe building under the Building Code; or any building or portion thereof,
Ordinar c.e No. 2629
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Ordinance No. 2629
including any dwelling unit, guest room or suite of rooms, or the premises on
which the same is located, in which there exists any of the conditions referenced
herein shall be deemed and hereby are declared to be substandard buildings.
(b) Inadequate Sanitation. Buildings or portions thereof shall be deemed
substandard when they are unsanitary. Inadequate sanitation shall include but not
be limited to the following:
1.
Lack of, or improper water closet, lavatory, bathtub or shower in
a dwelling unit or lodging house.
2.
Lack of, or improper water closets, lavatories and bathtubs or
showers per number of guests in a hotel.
3. Lack of, or improper kitchen sink in a dwelling unit.
4.
Lack of hot and cold running water to plumbing fixtures in a hotel
or motel.
5.
Lack of hot or cold running water to plumbing fixtures in a
dwelling unit, or apartment complex required by other city codes.
6. Lack of adequate heating facilities.
7. Lack of or improper operation of required ventilating equipment.
8.
Lack of minimum amounts of natural light and ventilation
required by city codes.
9.
Room and space dimensions less than required by city codes.
10.
Lack of required electrical lighting.
11.
Dampness of habitable rooms.
12.
Infestation by insects, vermin or rodents.
13.
General dilapidation or improper maintenance.
14.
Lack of connection to required sewage disposal system.
15.
Lack of adequate garbage and rubbish storage and removal
facilities.
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Ordinanre No. 2629
16.
Partial destruction or damage by fire unrepaired for more than
ninety (90) days.
( c) Structural Hazards. Buildings or portions thereof shall be deemed
substandard when they are or contain structural hazards. Structural hazards shall
include but not be limited to the following:
1.
Deteriorated or inadequate foundation.
2.
Defective or deteriorated flooring or floor supports.
3.
Flooring or floor supports of insufficient size to carry imposed
load with safety;
4.
Members of walls, partitions or other vertical supports that split,
lean, list or buckle due to defective material or deterioration;
5.
Members of walls, partitions or other vertical supports that are of
insufficient size to carry imposed loads with safety;
6.
Members of ceilings, roofs, ceiling and roof supports or other
horizontal members which sag, split or buckle due to defective
material or deterioration;
7.
Members of ceilings, roofs, ceiling and roof supports, or other
horizontal members that are of insufficient size to carry imposed
loads with safety;
8.
Fireplaces or chimneys which list, bulge or settle due to defective
material or deterioration;
9.
Fireplaces or chimneys which are of insufficient size or strength
to carry imposed loads with safety;
10.
Heating flues and exhausts which list, bulge or settle due to
defective material or deterioration;
(d) Nuisance. Buildings or portions thereof in which there exists any
nuisance as defined by ordinance are deemed substandard buildings.
(e) Hazardous Electrical Wiring. Electrical wiring which was installed in
violation of code requirements in effect at the time of installation or electrical
wiring not installed in accordance with generally accepted construction practices
in areas where no codes were in effect or which has not been maintained in good
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Ordinar.oe No. 2629
condition or which is not being used in a safe manner shall be considered
substandard.
(f) Hazardous Plumbing. Plumbing which was installed in violation of code
requirements in effect at the time of installation or plumbing not installed in
accordance with generally accepted construction practices in areas where no codes
were in effect or which has not been maintained in good condition or which is not
free of cross-connections or siphonage between fixtures shall be considered
substandard.
(g) Hazardous Mechanical Equipment. Mechanical equipment which was
installed in violation of code requirements in effect at the time of installation or
mechanical equipment not installed in accordance with generally accepted
construction practices in areas where no codes were in effect or which has not
been maintained in good and safe condition shall be considered substandard.
(h) Faulty Weather Protection. Buildings or portions thereof shall be
considered substandard when they have faulty weather protection which shall
include but not be limited to the following:
I. Deteriorated, crumbling or loose plaster.
2.
Deteriorated or ineffective waterproofing of exterior walls, roof,
foundations or floors, including broken windows or doors.
3.
Defective or lack of weather protection for exterior wall coverings,
including lack of paint, or weathering due to lack of paint or other
approved protective covering.
4.
Broken, rotted, missing, split or buckled exterior walls or wall
coverings or roof coverings.
(i) Fire Hazard. Any building or portion thereof, device, apparatus,
equipment, combustible waste or vegetation which, in the opinion of the chief of
the fire department or the fire marshal, is in such a condition as to cause a fire or
explosion or provide a ready fuel to augment the spread and intensity of fire or
explosion arising from any cause shall be considered a substandard building.
G) Faulty Materials of Construction. The use of materials of construction
except those which are specifically allowed or approved by the Housing Code
Residential Code, or the Building Code and which have been adequately
maintained in good and safe condition shall cause a building to be substandard.
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(k) Hazardous or Insanitary Premises. The accumulation of weeds,
vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages,
stagnant water, combustible materials and similar materials or conditions on a
premises constitutes a nuisance to be abated as provided by this Article.
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(I) Inadequate Exits. Except for those buildings or portions thereof which
have been provided with adequate exit facilities conforming to the provisions of
this code, buildings or portions thereof whose exit facilities were installed in
violation of code requirements in effect at the time of their construction or whose
exit facilities have not been increased in number or width in relation to any
increase in occupant load due to alterations, additions or change in use or
occupancy subsequent to the time of construction shall be considered substandard.
Notwithstanding compliance with code requirements in effect at the time of their
construction, buildings or portions thereof shall be considered substandard when
the building official finds that an unsafe condition exists through an improper
location of exits, a lack of an adequate number or width of exit, or when other
conditions exist which are dangerous to human life.
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(m) Inadequate Fire Protection or Fire-Fighting Equipment. Buildings or
20 portions thereof shall be considered substandard when they are not provided with
the fire-resistive construction or fire-extinguishing systems or equipment required
22 by the codes of the city, except those buildings or portions thereof which
conformed with all applicable laws at the time of their construction and whose
24 fire-resistive integrity and fire-extinguishing systems or equipment have been
adequately maintained and improved in relation to any increase in occupant load,
26 alteration or addition, or any change in occupancy.
28 (n) Improper Occupancy. All buildings or portions thereof occupied for
living, sleeping, cooking or dining purposes which were not designed or intended
30 to be used for such occupancies shall be considered substandard.
32 Sec. 5-72. Notices and Orders of Building Official
34 (a) Right of Entry. When it is necessary to make an inspection to
enforce the provisions of this Ordinance, or when the Building Official or
36 his 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
38 violation of this Ordinance which makes the building or premises unsafe,
dangerous, or hazardous, the Building Official or his designee may enter
40 the building or premises at reasonable times to inspect or perform the
duties imposed by this Ordinance, provided that if such building or
42 premises be occupied that credentials be presented to the occupant and
entry requested. If such building or premises be unoccupied, the Building
44 Official or his designee shall first make a reasonable effort to locate the
owner or other person having charge or control of the building or premises
Ordinanoe No. 2629 5
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Ordinance No. 2629
and request entry. If entry is refused, the Building Official shall have
recourse to the remedies provided by law to secure entry. The Building
Official is designated as the person who may be issued a search warrant
pursuant to Sec. 18.05, Texas Code of Criminal Procedure, 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 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. Ifthe
Building Official 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 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;
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 Subdivision 2 directly above,
the building official shall commence proceedings to cause the repair,
rehabilitation, vacation, removal or demolition of the building.
(c) Notice. The building official 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;
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2.
A statement that the building official has found the building to be
substandard with a brief and concise description of the conditions
found to render the building dangerous;
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3.
A statement of the action required to be taken as determined by the
building official;
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4.
A requirement that the owner or person in charge of the building
or premises secure required permits and commence the required
action within fifteen (15) days from the date of such notice and
that all work be completed within such time as the building
official shall determine is reasonable;
5.
lfthe building official 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 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 thereto 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. If no address of any such person so appears or is known to the building
official, then a copy of the notice and order shall be published twice within ten
(10) 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.
Ordinar.œ No. 2629
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Ordinanve No. 2629
(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 paragraph (e), 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
City of North Richand Hills, Texas
Sec. 5-73 Violations.
No person shall remain in or enter any building which has been posted as provided by
Section 5-72, except that entry may be made to repair, demolish or remove such building
under permit. No person shall remove or deface any such notice after it is posted until the
required repairs, demolition or removal have been completed and a certificate of
occupancy issued pursuant to the provisions of the Building Code. Any person violating
this section shall be guilty of a Class C misdemeanor, and any person who fails to meet
the requirements made in any notice duly served as provided in this article shall be guilty
of a misdemeanor for each day such failure continues after the date the notice requires
compliance.
Sec. 5-74. Enforcement.
If the required repair or demolition has not been commenced within fifteen (15) days [rom
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 shall commence proceedings
as follows:
(a)
The building official 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
Building Official
City of North Richand Hills, Texas
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Ordinance No. 2629
(b)
(c)
(d)
A public hearing shall be scheduled before the Substandard Building
Board to determine whether the building complies with the standards set
out in this ordinance 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.
The Substandard Building Board shall hold the hearing noticed and enter
its order concerning the property as soon as possible thereafter.
A title search shall be conducted to discover each owner, mortgagee and
lienholder. A diligent search shall be made by searching the following
records:
1.
county real property records;
2.
appraisal district records;
3.
records of the Secretary of State;
4.
assumed name records of Tarrant County;
5.
tax records of the City; and
6.
utility records of the City.
(e)
Notice of the public hearing to be held before the Substandard Building
Board shall be given on or before the lOth 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
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 the
ordinance and the time it will take to reasonably perform the work
together with:
1.
the name and address of the record owner;
2.
the street address of the premises;
3.
an identification, which is not required to be a legal description, of
the building and the property on which it is located;
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(e)
(f)
(g)
(h)
Ordinance No. 2629
4.
a description of the violation of city standards that is present at the
building; and
5.
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.
The city secretary shall, at the time notices are mailed, file a notice of the
hearing in the Tarrant 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.
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 thirty (30) days:
I. secure the building from unauthorized entry; or
2.
repair, remove, or demolish the building, unless the owner or
lienholder establishes at the hearing that the work cannot
reasonably be performed within thirty (30) days.
If the Substandard Building Board allows more than thirty (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.
The owner, lienholder, or mortgagee shall not be allowed more than ninety
(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 ninety (90) days because of the scope and
complexity of the work.
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(i)
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Ordinance No. 2629
If the Substandard Building Board allows the more than ninety (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 ofthe 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 thirtieth day after the order is issued.
G)
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 the ordinance 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.
(k)
The Substandard Building Board's requirement shall be reduced to writing
and shall be considered an order. Within ten (10) days after the date that
the order is issued, the city secretary shall:
1.
file a copy of the order in the office of the municipal secretary or
clerk; and
2.
publish in a newspaper of general circulation in the municipality
in which the building is located 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 stating where a complete copy of the order
may be obtained.
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(I)
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After the hearing, the city secretary 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.
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Sec. 5-75. Performance of Work by the City.
(a)
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(b)
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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.
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 10% 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 10 or
fewer dwelling units. The repairs may not improve the building to the
extent that it exceeds minimum housing standards.
30 Sec. 5-76. Notice of Lien.
32 A sworn account of the expense incurred by the city in the repair, removal or demolition
of any building, done pursuant to the provisions of this article, shall be filed by the
34 building official with the city secretary. The city secretary shall file such notice of the
city's assessment and lien in the records of the County Clerk. Such notices shall read
36 substantially as follows:
Ordinal.ce No. 2629 12
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Ordinan,e No. 2629
STATE OF TEXAS
COUNTY OF TARRANT
NOTICE OF LIEN
, Building Official for the City of North
Richand Hills, makes oath and says that the City of North Richand Hills
has incurred an expense of $ in improving property,
the legal description of which is
Such
expense was incurred to repair, remove or demolish substandard buildings
after notices pursuant to ordinance and to Chapter 214, Texas Local
Government Code, were served on the record owner thereof,
, whose address is
Building Official
North Richand Hills, Texas
SWORN TO AND SUBSCRIBED before me by the said
this day of
, to certify which witness my
hand and seal of office.
Notary Public in and for
The State of Texas
Sec. 5-77. 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 5-76 is discharged.
Sec. 5-78. Additional Authority; 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 determines:
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(b)
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(1)
(2)
that the building violates the minimum standards set forth herein;
and
that the building is unoccupied or is occupied only by persons who
do not have the right of possession to the building.
Notice to the owner. Before the II th day after the date the building is
secured pursuant to Subsection (a) of this section the building official
shall give notice to the owner by:
(1) personally serving the owner with written notice; or
(2)
(3)
(4)
depositing the notice in the United States mail addressed to the
owner at the owner's post office address; or
publishing the notice at least twice within a 10-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
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:
Ordinance No. 2629
(d)
(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.
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 Subsections (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.
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Ordinar;c.e No. 2629
(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. 5-79. Civil Penalty.
(a)
(b)
(c)
Civil penalty authorized. In addition to any other enforcement authority
provided by law, as an alternative to the city repair and assessment of
expenses, a civil penalty may be assessed against a property owner for
failure to comply with an order issued by the Substandard Building Board
after an administrative hearing if:
(1)
the property owner was notified of the contents ofthe order issued
pursuant to Section 5-75 of this article; and
(2)
the property owner committed an act in violation of the order or
failed to take an action necessary for compliance with the order.
Amount of penalty. The civil penalty may be assessed at an
administrative hearing held before the Substandard Building Board in an
amount not to exceed $1000.00 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 $10.00 a day for each violation.
Notice of administrative hearing.
(1)
A notice of the proceeding shall be filed with the official public
records of real property of Tarrant County. Such notice shall
contain the legal description of such property, a description of the
proceeding, and the name and address ofthe owner of the affected
property if such can be determined from the records on file in the
office of the county clerk.
(2)
On or before the 10th day before the date on which the
administrative hearing is set, the property owner and each
lienholder whose address can be determined from the county
clerk's records shall be sent a notice of the hearing by certified
mail, return receipt requested. Such notice shall also be published
on or before the 10th day before the hearing date. If there are
unknown owners, such notice must also be posted on the front
door of the affected building or as close thereto as practicable. The
notice shall contain:
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(A)
a copy of the order issued by the Substandard Building
Board pursuant to Section 5-74 of this article;
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(B)
a statement that the building official has determined that
the property owner committed an act in violation of that
order, or failed to take an action necessary for compliance
with that order;
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(C)
a statement that at the administrative hearing the Board
may assess a civil penalty not to exceed $1000.00 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 $10.00 a day for each violation; and
(D) notice of the time and place of the hearing.
(d) 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.
(e) Enforcement. The civil penalty may be enforced by the city in a suit
brought by the city in a court of competent jurisdiction for a final
judgment in accordance with the assessed penalty. A civil penalty under
this subsection is final and binding and constitutes prima facie evidence
of the penalty in any suit."
Section 3: That Chapter 5 ofthe Code of Ordinances of the City of North Richland Hills is
amended by adding Article IV to read as follows:
"ARTICLE IV
SUBSTANDARD BUILDING BOARD
Sec. 5-90. Substandard Building Board Created.
A Substandard Building Board referred to in this and the previous article as the "Board,"
is hereby created to accomplish purposes and perform functions established in this article.
Such Board shall also exercise the power of a building and standards commission as
provided for by Sec. 54.033 Texas Local Government Code insofar as it seeks to impose
the civil penalties contemplated by Sec.5-79 of the Code of Ordinances.
Sec. 5-91. Appointment and Terms.
(a)
Membership. The Board shall be composed of seven members appointed
to places numbered 1 through 7. Each council member shall nominate
Ordinar œ No. 2629
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Ordinar oe No. 2629
a person whose place carries the same number of the council member.
The City Council shall vote on all such appointments. The building
official shall be an ex officio member of and shall act as secretary to the
Board, but shall have no vote on any matter before the Board. Appointed
members of the Board shall hold office at the pleasure ofthe city council.
(b)
Terms. Upon initial appointment pursuant to this ordinance, members in
the odd numbered places shall be appointed to serve terms expiring in
June 30, 2003 and members appointed to the even numbered places shall
serve terms expiring in June 30, 2004. Thereafter, the terms of office of
the members shall be two years beginning on July I of the year of
appointment. The terms of the odd numbered places shall expire in the
odd numbered years, and the terms of the even numbered places shall
expire in the even numbered years. Board members may be appointed to
succeed themselves. Vacancies shall be filled by the city council for the
unexpired term. Newly appointed members shall be installed at the first
regular board meeting after their appointment.
Sec. 5-92. Qualifications of Members.
Members shall be residents of the City of North Richland Hills and shall hold no other
position on any other City Board or Commission. Members, except for the building
official, may not be employees ofthe City of North Richland Hills.
Sec.' 5-93. Organization.
The Board shall hold an organizational meeting in October of each year and shall elect
a chairman and vice-chairman from among its members. The Board shall meet when
required to carry out the duties established by this ordinance. The Board shall adopt its
own rules and procedures and shall keep a record of its proceedings consistent with the
provisions of this ordinance and the requirements of law. Such rules shall establish
procedure for use in hearings, providing ample opportunity for presentation of evidentc
and testimony by respondents aor persons opposing charges brought by the building
official relating to alleged violations of ordinances. The Board shall keep minutes of its
proceedings showing the vote of each member upon each question, or if absent or failing
to vote, indicating that fact, and shall keep records of its decisions and other official
actions, all which shall be filed in the office of the city secretary and kept as public
records. The building official of the city or his designee, with the assistance of the city's
attorney shall present all cases before the Board.
Sec. 5-94.
Duties and Powers.
(a)
The Board is hereby charged with the duty and invested with the
authority to:
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Section 3:
Ordinar.oe No. 2629
(1)
inspect property and premises at reasonable hours where
required in the discharge of its responsibilities under the
laws of the State of Texas and the city;
(2)
enforce the provisions of Article III of Chapter 5 of the
North Richland Hills Code, and carry out the functions
established to abate substandard and dangerous buildings.
(3)
hear and decide appeals of orders, decisions or determination
made by the building official relative to the application and
interpretation of the technical provisions of the following codes
adopted by the City:
(A) the Building Code;
(B) the Plumbing Code;
(C) the Mechanical Code;
(D) the Electrical Code;
(E) the Fire Code;
(F) the Energy Conservation Code; and
(F) the Residential Code.
(b)
The Board shall have no authority relative to interpretation of the
administrative provisions of the codes listed in Subsection (a)(3)
the Article referenced in Subsection (a)(2) of this Section, nor
may the Board waive requirements of any of the codes listed or of
the Article referenced.
Sec. 5-95.
Meetings and Quorums.
A quorum for the conduct of business shall consist of four members ofthe Board. Each
member is entitled to one vote and action of the Board shall require a majority of those
members present. The members ofthe Board shall regularly attend meetings of the Board
and shall serve without compensation, except for reimbursement of authorized expenses
attendant to the performance of their duties. The members shall comply with all time
limits and public notice requirements and all meetings of the Board shall be held in
compliance with the Texas Open Meetings Act."
Section 5-6.5 of the North Richland Hills Code of Ordinances is hereby repealed.
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Section 5:
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Section 8:
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This ordinance shall be cumulative of all provisions of ordinances and of the
Code of Ordinances of the City of North Richland Hills, Texas, as amended,
except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances and such Code, in which event the conflicting
provisions of such ordinances and Code are hereby repealed.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and
if any phrase, clause, sentence paragraph or section of this ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality 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 unconstitutional phrase, clause,
sentence, paragraph or section.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this
ordinance shall be fined not more than $2,000.00 for each offense. Each day that
a violation is permitted to exist shall constitute a separate offense hereunder.
The City Secretary of the City of North Richland Hills is hereby directed to
publish in the official newspaper of the City of North Richland Hills, the caption,
penalty clause, publication clause and effective date clause of this ordinance at
least two times after the passage of this ordinance.
This ordinance shall be in full force and effect after its passage and publication
as required by law.
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AND IT IS SO ORDAINED.
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PASSED AND APPROVED June 10, 2002.
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Ordinance No. 2629
By:
CITY OF NORT
~
ICHLAND HILLS
Oscar Trevino, Mayor
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Ir'" ... ':..... ...... /<;
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f' :/ EST ....\. C
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~(4./ f ..
Pa(~a ~:\!~1.\\'tity Secretary
17111"11\'"
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Approved as to form and legality:
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George A. Staples, Attorney
Ordinance No. 2629
20
INVOICE
Star- Telegram
400 W. 7th Street
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 22-3148254
Customer ID:
Invoice Number:
CIT13
215823851
6/27/02
Net due in 21 days
6/30/02
Attn FINANCE. DEPT
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number: 21582385
Sales Rep: 073
Description: ORDINANCE NO.2
Publication Dates: 6/26/02 ·6/27/02
Bill To:
CITY OF N RICHLAND HILLS/SECRET
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182-
r~ Ie 1.\ I b\f) ~ \- ð V", è ( I( ~~, ~ .J
ORDINANCE NO.2 OÀoNøNO. 13580 73 73 LINE $6.08 $887.68
~_nd-
At, .r 5 of the
Sales Discount Code of 0 .n~: ($1,722.80)
ádoPtiI:IO r~B
to ~~nted ~
Misc Fee =apPer C oJ $887.68
Chapter' 54 an f:
Subèhapter A 0
Chapter 214 of the
Texas Local Goye,rn-
ment Code,; defining
substandara build'
ings establishing N t A t $52 56
prov1sions for nqtice e moun: .
and publiC hearings:
and providing Tor I,
mandatory abate-
ment for action by ~he
City, It. owners 'or Ilea,
hofOenl tI8iI to act; an
cr~r~~
m.~or~
~
:t:.\1í to. h:.3-
=~ '.... sub-
standafd .and the ttm.
required to vacate,
demolish, or repair;
THE STATE OF TEXAc ProvJdlnJl for sever-
. ability, fõr r:¡ub.lication
County of Tarrant and ~stablishlng an
effective date.
Any person, firm .or
corporation who .v'O-
Before me, a Notary Pub ~~~régl~~":-~u~:trò y and State, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator
for the Star-Telegram, pI comply Whith °nrfowrJ'e~ gram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
resists tee .
that the attached cllppinl W, ~~ts, ¡g~ sa~r t~ls t,~~JS pUbliShed~n the abov named paper on the~"S~~d da, tes: BIDS & LEGALS DEPT. STAR TELEGRAM
(817) 390-7182. äinance shall befinhed \0.
not more tan OM M~
$2 000 00 for each N\ ~
offensé. Each day.that
a violation is permltteØ Signed
to exist shall consti-
tute a separate of-
SUBSCRIBED AND SWC P':~::dh:~~U~~~~oyedrHIS Friday, June 28, 200j' ,- bÆ~
by the City Council of q .
t ie City of, North U
Rlchland Hills, Texas
the 10th day of June Notary Public . ~ _ '," .., "II _, _ _ _ _ , _ _
A~~ÅbVEDI: Mayor .. ..y":', \j,CKI L. 'NAsc.:n¡--i
Oscar Trev no- -i'/ ~ \
ATTEST: . r ¡i It-~>O¡;J~;.'" -""""M'hC'("', _ \ I" " I
Patricia Hutson;Cltyl "" , 1.....\-' \.",-!~~I¡_N &/, II<!.::S j
Thank You For Y A~~~~tffJD ~~~¡e .;:·:~~~,~wm:-'r:"'~~~_ST_~:~;~~~;wJ
_ _ _ _ _ _ _ _ _ George Staples-Attor- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ney
Remit To: Star-Telegram
P.O. Box 901051
FORT WORTH, TX 76101-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT13
CITY OF N RICHLAND HIL
215823851
$52.56
~~~"--~-~----"-~~I
INVOICE
Star- Telegram
400 W. 7th Street
FORT WORTH. TX 76102
(817) 390-7761
Federal Tax ID 22-3148254
Customer ID:
Invoice Number:
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Publication Date:
Bill To:
CITY OF N RICHLAND HILLS/SECRET
PO BOX 820609
NORTH RICH LAND HILLS, TX 76182-
CIT13
222933221
1/10/03
Net due in 21 days
1/31/03
22293322
073
NOTICE OF HEARl
1/10/03
NOTI N~JÅ~TNgF Celllnyb, ,--,~, or 13580
City of ~~m:'Y:~t sf;: toO~a~';'y
North Richland Hills imposed loads;
Salesl SUbst~n'ê~~rJ3uilding w,,::~~~p,~ ~'t,ig{{7~"e~~
. NtOht.alcte.aISmheeetrel'nbYogiVtehen exists any nuisance;
¡g 5f Electrical wiring,
City of North Richland plumbmg anel me
Hills Substandard Chani~ar system~ '
Building Board will be which have not been
held at 6:00 p.m. on maintained in good
Tuesday, January 21 condition; Deterlorat-
2003, at City Hall' ed, crumbing or loose
7301 NE Loop 820' plasteri.. De1eriorated
North Richland Hills' or inerrective water-
Texas. A pUblic proofing of exterior
~g~sri,ngerWilal bctel'ohneldret~ walls, roof, foundation
de and floors, including
gl'uabrdsitnagndtahred fOIlObwU'li,ng_ broken windows or
á- . doors; Defective or
~fN,S)t~~ ~~t~,?~d';.~1~ ~:~~o~f '1~:,th:~¡(¡g~
standard building wall coverings; Bro-
. ~"¡,~'::':t~~29: Ordl- ~~r.' o~o~~~kl~IS~~~:
¡ SBB02-01. 3705 Kris rior walls or roof
~gfbe~d 1~gar~t ~Õ- coverings; The accu-
Block 5. RICHLAND ~e~~t~ron~~niZ~~~~
HILLS WEST, SEC- organic matter, de-
~c;~e Ilei:,n 01d~ig~~ ~~¡Sha~~~:3:š, ~::.~:
Richland A1íls, Tarrant nant water, combus-
County. tible materials and
Sal.d place and pre- similar materials or
mlses are owned and conditions.
i- ß~'~,N;'':"l5dob~:oxC~Y3'be T~Tn~oa~he'r~~r deW:;~
C V~~~~i~n~ex~~1t~~53i~ p~~I~t~gnð~~Ii:~t ~m
the building(s) in- in the ordinance and
elude: Dilapidated consider whether to
B g~~~I~Sd~~1(t fg~1;~~ ,( ~~gi~'s the orå'¿,:ldi1R md State, this day personally appeared KAREN WILlIAMS, Bid and Legal Coordinator
man habitation and is demolish the bulldi......
f, a hazard to the public' The Board may al8"'6 1m, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
t' ~:...'N~~è; s~:~equ""1~ c g~~Fo~~~ In alte¡r.~~~ lubllshed In ~he a ove named paper on the IIsted..dates: BIDS & LEGALS DEPT. STAR TELEGRAM
(means to prevent case, if the ordered &
unauthorized entry to action is not taken . . 6) cl
the quilding: Lack of, within a reasonable W
or Improper water time specified by the ~ ~ ~
cl.oset. lavatory Board, the City will Signed '
bathtub, shower vacate secure re cllA
kitchen sink, hot and move ór demolish th~ ) ~
cold running water to building and levy the ' LIJ'
~~~ar¡]~~gfacilitf~i~r~:: I~ ~g~biaf'e':s~es:~en~ IS Sunday, January 12, 00 .- ?a
qUi red ventilation against the property. ~ t£A
equipment, and re- . The owner andlor all ' ,of"
!1uir~d electrical partIes having interest Notary Public
hgh!,ng. Dampness of In such property will
habItable rooms; In- be required to submit
festa1ion by insects, proof of the scope of
vermin or rodents' any work that maybe . ,. - - - -- -------
Gef'!eral dilapidation required to comply fr-~~';;:T.;.,..,
or Improper mainte- with the ordinance I "~"~"P.~ø;." CHRISTY L. HOLLAND
nance; Lack of ade" and the time it will Î ,'...~\ '
Th' quat~ garbage and 01 take to reasonably' ~i'i.-';... "'i~i MY ""OMMISSION EXPIRES '
rubbish storage and--'perform the work. ' ~" "I; Y ,
remoy-al; Defective or The above-referenced ' -:'~~._'. .' ~/
deteriorated 1I,:>orin9' - items are on file with - _ - - - - - ,.~.~~ - - --1ULY-3.1.,.2004 - - - - _ _ _ _ _ _ _ _ _
~~ofs~P.fr°s~~pg~~7R~¡ ¡~~p~~~tnlann~~ ':.~~ ' ---"- _. _ _ _ _ _ _ __ _ _i
dsag, split or buckle, ment at City Hall, 'F301
ue to defective ma- NE Loop '820 North
ten~1 or deterioration; Richland Hills, 'Texas.
-- "n,....f... A.II interested persons
Remit To: Star-Tele¡;:'e"lrdappear and be
CIT13
CITY OF N RICHLAND HIL
222933221
$57.24
159
159
LINE
Net Amount:
P.O, Box 901051
FORT WORTH, TX
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
$
76101-2051
$6,63
$1,054,17
($996.93)
$57.24
;,'