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Ordinance 1978-03 ORDINANCE # 78-3 AN ORDINANCE ADOPTING A BUILDING AND HOUSING CODE FOR WYLIE, TEXAS, AND PROVIDING FOR THE DEMOLITION AND REMOVAL OF DAN- GEROUS BUILDINGS. ARTICLE I--BUILDING AND MINIMUM HOUSING CODES SOUTHERN STANDARD BUILDING CODE ADOPTED; MINIMUM HOUSING CODE. ARTICLE II--DANGEROUS BUILDINGS DANGEROUS BUILDINGS PROHIBITED; DEFINITION OF TERMS; INSPECTION; DEMOLITION; FILING OF STATEMENT OF EXPENSE AND CREATION OF LIEN. ARTICLE !.III-..mJNERAL PROVISlJONS!JOF iORlDINPlNCE SCOPE OF ORDINANCE; HOUSING BOARD OF APPEALS ESTABLISHED; OFFICE OF HOUSING--BUILDING ENFORCEMENT OFFICIAL; BUILDING PERMIT FEES ESTABLISHED; MOVING OR DEMOLITION OF BUILDINGS OR STRUCTURES; RIGHT OF APPEAL; PROVISIONS DEEMED CUMULATIVE AND REPEAL OF IN- CONSISTENT PROVISIONS. ARTICLE IV--PENALTY AND SEVERABILITY PENALTY; SEVERABILITY. WHEREAS, in order to provide for the health, safety, and general wel- fare of all citizens, it is deemed necessary that all buildings be constructed in a manner to assure that they are safe and sanitary; and WHEREAS, the adoption and enforcement of a Building Code is deemed necessary to assure proper construction; and WHEREAS, to protect the life, health, and general welfare of citizens of this City, all dangerous buildings should be demolished or removed; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: ARTICLE I--BUILDING AND MINIMUM HOUSING CODES SECTION 1: There is hereby adopted by and for the City of Wylie, Texas, a building code known as the Southern Standard Building Code, 1976 Edition, with subsequent supplements recommended by the Southern Building Code Congress, which Code is published in book form and which is herein referred to, incorporated herein, and made a part of, for all purposes; three (3) copies of which are filed on record in the office of the City ;Se~reta~y In the event of any conflict between the provisions of such Building Code and the provisions of this City Ordinance or State Law, the provisions of this Ordinance or other Ordinances of the City or the State Law shall prevail and be controlling. SECTION 2: MINIMUM HOUSING CODE. a. Adoption. There is hereby adopted by the City that certain health and housing standard known as the UNIFORM HOUSING CODE, 1976 Edition, with subsequent supplements of which not less than three (3) copies have been and are now filed on record in the office of City Secretary, and have been duly authenticated by the City Secretary, and the same 'is hereby adopted and incorporated herein as fully as if set out at length herein, and the provisions thereof shall be controlling on all dwell- ings and pr'emises within the City. b. Purpose. The purpose of the UNIFROM HOUSING CODE is to protect the public health, safety, morals, and welfare of the people of :he City by establishing minimum standards governing the condition, occupancy, and maintenance of dwellings, dwelling units, apartment houses, rooming houses, rooming units, and premises by establishing minimum standards governing utilities, facilities, and ether physical components and con- ditions essential to make dwellings, dwelling units, apartment houses, rooming houses, rooming units, and premises safe, sanitary, and fit for human habitation; to affix certain responsibilities and duties of O'Nn- ers, operators, agents, and occupants of the same; and to authorize and establish procedures for their inspection and condemnation when found to be unfit for human habitation. This Ordinance is declared to be remedial and essential to the public interest, and it is intended that this Ordinance be liberally construed to effectuate the purposes as stated above. ARTICLE II--DANGEROUS BUILDINGS SECTION 1: DANGEROUS BUILDINGS PROHIBITED. It shall be unlawful for any person to Dvm, maintain, or permit to stand upon any premises within the City any dan- gerous buildings, and all such dangerous buildings are hereby declarec:l~to~b12.~ unlawful, and are hereby declared to be a public nuisance. SECTIO~ 2: DEFINITION OF TERMS. a. Danger'ous Building. For the purpose of this Article, a "dangerous building" is defined as a building which possesses one (1) or more of the following qualities: 1) Any building with roof, ceiling, floor, seal, or foundation, or any combination thereof which is rotted or decayed and falling apart; with windows out, uninhabitable, untenantable, and/or unsightly due to obsolescence and deterioration caused by neglect, vandalism, fire damage, aging, or the elements. 2) Any building in danger of falling and lnJuring any person, persons, or other property which might be en and about said premises. 3) Any building which is a fire menace by virtue of containing in or near said building an accumulation of trash, rubbish, and/or debris; or which, by virtue of abandonment or neglect, is likely to attract children or transients who may start fires on said premises; or which contains an accumulation of combustible Jlaterial which may take fire either by accident or on pu'rpcse. 4) Any building which is in the condition or conditions described in 1), 2), and 3) above, and which is damp or in an unsanitary condition and is likely to create disease and sickness; or which is likely to provide breeding places and habitat for snakes, rats, mice, and other vermin which are likely to be detrimental or dangerous to the public health. b. Building. For the purpose of this Article, the term, "building," shall mean any structure of any kind or character, or any part there- of, which has been erected upon any land within the City limits of the City of Wylie, Texas, irrespective of the material from which such structure has been built. SECTION 3: INSPECTION. An inspection shall be made of every building located within the City which is suspected of being in violation of this Ordinance. The Building Inspector and assistants are hereby authorized to conduct inspec- tions af all such buildings suspected of being in violation of this Ordinance. SECTION 4: NOTIFICATION OF VIOLATION AND REINSPECTION. Whenever a violation of this Ordinance has been discovered and reported by an Inspector, the owner or the premises involved and the occupant, if any, shall be given a written notification of the nature of the violation and the date on which a reinspection shall be made to determine if the violation has been eliminated. No reinspec- cion shall be made until the person responsible for the violation under the provisions of this Ordinance has been given a reasonable time to eliminate the condition constituting the violation. SECTION 5: DEMOLITION. a. Authority. Whenever a dangerous building has been found to exist, and whenever the owner or occupant thereof has failed to correct the con- ditions which make such building a dangerous building within the mean- ing of this Ordinance, and when reinspection of such premises by the Building Inspector reveals that the building still constitutes an im- mediate danger of injury to the occupants of said premises or to ad- joining property or persons or to the public--and the cost of alle- viating the conditions which go to make said building a dangerous build- ing is not reasonably related to the value of the building--a notice of intent to order the demolition of the building shall be served on the owner by certified mail to such owner's post office address as shown on the City tax rolls by the Inspector; or, if such address is unknown and cannot be ascertained by the exercise of reasonable diligence, such notice shall be served by publication for not less than two (2) times within ten (10) consecutive days in an official newspaper; and, in the event that the violation is not eliminated within thirty (30) days from the date of said notice, the City may demolish and remove said build- ing, or cause the same to be done, and charge the expense incurred in doing such work, or having same done, to the owner of said land; and, if such work is done at the expense of the City, then said expense may be assessed to the lot, tract, or parcel of land, or to the premises upon which the expense was incurred. b. Definition of Term, IIReasonably Related to Value of Building. II For the purposes of this Section, any repair, alteration, or improvement which is determined by the Building Inspector to cost more than fifty per cent (50%) of the gross assessed valuation of the building, exclu- sive of land value, shall be deemed not to be IIreasonably related to the value of the building.1I SECTION 6: FILING OF STATEMENT OF EXPENSE AND CREATION OF LIeN. The Mayor, City Manager, or the Building Inspector of the City shall file with the County Clerk of Collin County a statement of expenses incurred under the preceding Section giving the amount of such expenses and the date on which said work was done or such improvement was made: and the City shall have a privileged lien on such lot, lots, other premises, or real estate upon which said building was located, in order to secure the repayment of the expenditures so made. Such said lien shall be second only to tax liens and liens for street improvement, and the said amount shall bear six per cent (6%) interest per annum from the date said statement was filed. It is further provided that suit may be filed by the City for recovery of the expenses so incurred and for the foreclosure of said lien; and the statement of expenses so made, as aforesaid, or a certi- fied copy thereof, shall be prima facie proof of the amount expended for such work. ARTICLE III--GENERAL PROVISIONS OF ORDINANCE SECTION 1: SCOPE OF ORDINANCE. The provisions of this Ordinance shall apply to all buildings or portions thereof used, designed, or intended to be used for human habitation. Where any building, or portion thereof, is used, designed, or intended to be used as a combination apartment hotel, then the provisions of this Ordinance shall apply to the separate portions as though they were separate buildings. a. Alteration. No building used, designed or intended to be used as a dwelling, apartment house, or rooming house, shall be in any manner repaired, remodeled, or reconstructed by any person, or occupied by any person not already in occupancy unless such building is made to comply with all the requirements of this Ordinance. b. Relocation. Existing buildings which are moved or relocated shall be considered as new buildings, and shall comply with all the require- ments of this Ordinance. SECTION 2: HOUSING BOARD OF APPEALS ESTABLISHED. a. Creation of Board. There is hereby created a Board of Housing Appeals which shall consist of five (5) members appointed by the Mayor, subject tc confirmation by the City Council. Initially, one member shall be appointed to serve one year; two (2) members to serve two (2) years; and two (2) members to serve three (3) years. After the initial appoint- ment of the Board, each member shall be appointed or reappointed to serve a three (3)-year term. b. Quorum. A simple majority of the members shall constitute a quorum, and the Board shall act by a majority vote of the members present. c. Duties. The Board shall have the power, and be required, to hold public hearings in deciding appeals where it is alleged that there is an error in law or fact or when liability incurred. Appeal from the interpretation of this Code, or from actions and decisions of the Building Inspector will be heard by this Board. The Board s~al~ mee~ within five (5) days after an appeal is filed, or as soon thereafter as a quorum can be secured. SECTION 3: OFFICE OF HOUSING--BUILDING ENFORCEMENT OFFICIAL. a. Creation of Office. There is hereby created the office of Housing- Building Enforcement Official. The title of this official shall be "Building Inspector." b. Appointment. This official shall be appointed by the City Manager, subject to the confirmation of the City Council. This appointment shall continue during proper conduct and satisfactory service. Such person shall not be removed from office except for cause and then only after full opportunity has been gi ven for such person to be heard on specific charges. c. Duties. It shall be the duty of the Building Inspector to enforce all laws and provisions specified in the adopted Code and other provisions specified by this Ordinance. d. Right of Entry. The Building Inspector, in the discharge of official duties and up-on proper identification, shall have authority to enter any building, structure, or premises at any reasonable hour. SECTION 4: BUILDING PERMIT FEES (SEE SECTION 4 FEES; & SECTION 5 SCHEDULE OF PERMIT FEES-ORDINANCE 74-15) SECTION 5: MOVING OR DEMOLITION OF BUILDINGS OR STRUCTURES. a. Permit Required. Prior to 1) the moving of any building or structure on, over, or across streets and roads within the corporate limits of the City; 2) the removal of any building or structure from land and premises lying and being situated within the corporate limits of the City; or 3) the demolition of any building or structure on such land and premises, the owner of such land and property must obtain a writ- ten permit therefor from the City Secretary. b. Permit Fee. The City Secretary shall issue a Moving Building Permit to the owner of any building or structure to be moved on, over, or across any streets or roads--other than the Federal or State highways within the corporate limits of the City -- upon the payment of a fee in the amount of $15.0~. See Section 5 (c) Ordinance #74-15. c. Permit Issuance. The City Secretary shall issue a permit upon the payment of a fee in the amount of $10.00 therefor, for the demolish- ing of any building or structure on any land or premises lying and being situated in the City. See Section 5 (d) Ordinance #74-15. d. Sewer and Rubbish Restriction. Prior to the issuance of a permit for the removal of buildings and structures from any land or premises lying and being situated within the corporate limits of the City, or the de- molition thereof, the City Secretary shall require the owner of said land and premises, or an authorized agent or representative, to deposit the sum of two hundred dollars ($200) to cover the cost of plugging sewer-lines and/or the removal of all trash, rubbish, and debris from the premises. The deposit, or any amount thereof not expended, shall be returned to the depositor upon certification by the Superintendent of the Water Department and the Building Inspector that all sewer-lines have been plugged and that all trash, rubbish, and debris have been re- moved from the premises. SECTION 6: RIGHT OF APPEAL. Any person affected by any notice of violation in connection with the enforcement of any provision of this Ordinance may request an appeal, and shall be granted a hearing before the Housing Board of Appeals, provided such person shall first file in the office of the Building Inspector a written request for such hearing. Such request shall be made upon forms furnished by the Building Inspector's Office. If the appeal is filed within ten (10) days after the service of notice of violation, compliance with such notice shall not be required while the hearing is pending; providing that in case of emergency, a stay of proceedings, in the opinion of the Building Inspector, would result in imminent peril to life or property, no such stay shall be observed. SECTION 7: PROVISIONS DEEMED CUMULATIVE; REPEAL OF INCONSISTENT PROVISIONS. The provisions of this Article are to be cumulative of all other ordinances, or parts thereof, governing or regulating the same subject matter as that cov- ered herein; provided, however, that all prior ordinances or parts of ordinances inconsistent or in conflict with any of the provisions of this Ordinance are hereby expressly repealed to the extent of any such inconsistency or conflict. ARTICLE IV--PENALTY AND SEVERABILITY. SECTION 1: PENALTY. Any person, firm, or corporation who shall own or main- tain any dangerous building as that term is defined herein, and who shall, after notice as provided in Article II, See 4, fail to repair or eliminate the con- ditions which cause such building to be a dangerous building, shall be deemed quilty of a misdemeanor, and, upon conviction, shall be fined in a sum not ex- ceeding two hundred dollars ($200), and each and every day1s violation shall con- stitute a separate and distinct offense. In the event the owner or occupant of any dangerous building shall be a corporation, the president, vice-president, secretary, and treasurer of such corporation, or the manager, agent, or employee of such corporation also shall be separately liable for the penalties herein provided. SECTION 2: SEVERABILITY. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases are separable, and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of unconstitutional or invalid phrases, clauses, sentences, paragraphs, or sections. 11th DAY OF October 1977 . PASSED AND APPROVED THIS k~.j~ifi/tf~: w, 11 i am Ma rt in r~ayor ATTEST: I " 1..-" r: . ~~ / ,'" '. ( i> II '.' ,', " ,Jt,(.Q.tl. tee. xC'"J Barbara Ell i s~~ .. City Secretary