ORDINANCE NO. 81
AN
ORDINANCE OF THE TOWN OF SAINT PAUL, COLLIN COUNTY, TEXAS, PROVIDING FOR THE
DEFINITIONS OF A DANGEROUS BUILDING OR STRUCTURE; DECLARING SUCH STRUCTURES TO
BE A PUBLIC NUISANCE; PROVIDING FOR STANDARDS FOR REPAIR, VACATION, OR
DEMOLITION; PROVIDING FOR THE DUTIES OF THE BUILDING OFFICIAL, FIRE MARSHAL, AND
CITY COUNCIL ACTING AS A BUILDING COMMISSION; PROVIDING FOR A FINE OF NOT LESS
THAN $100.00 NOR MORE THAN $1,000.00 FOR EACH DAY THAT THIS ORDINANCE IS
VIOLATED; AND PROVIDING FOR CONFLICTS, SEVERABILITY, PUBLICATION AND AN
EFFECTIVE DATE.
WHEREAS, Texas Local
Government Code Section 214.001 provides that a Type
A general law
municipality may, by ordinance, require the demolition or repair of a
building that is:
(1)
dilapidated, substandard, or unfit for human habitation; or
(2)
a hazard to the public health, safety, and welfare;
WHEREAS,
the Town of
by
the
WHEREAS,
the Saint Paul Town Council finds that it is in the best interests of the
citizens of
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN
OF
SECTION
1. "DANGEROUS BUILDINGS AND STRUCTURES" DEFINED.
All buildings or structures of any nature including any trailer houses,
mobile homes,
wells, or swimming
pools that are found to be dangerous, dilapidated, or a fire hazard. or
structures that could injure, hurt, or harm individuals or which endanger health
and which have anyone or all of the following defects, shall be deemed
"dangerous buildings or structures."
(a)
Those whose interior walls or other vertical structural members list,
lean or
buckle to such an
extent that a plumb line passing through the center of gravity falls outside of
the middle third of its base.
(c)
Those which have improperly distributed loads upon the floors or roofs or in
which the same are overloaded or which have insufficient strength to be
reasonably safe for the purpose used.
(d) Those which have been damaged by fire,
wind, or other causes so as to have become dangerous to life, safety, morals, or
the general health and welfare of the occupants or the people of the Town.
(e)
Those which
have become or are so dilapidated, decayed, unsafe, unsanitary, or which utterly
fail to provide amenities essential to decent living so that they are unfit for
human habitation or are likely to cause sickness or disease so as to work injury
to the health, morals, safety, or general welfare of those living therein.
(f)
Those which have parts thereof which are so attached that they may fall
and injure members of the public or property.
(g)
Those which, because of their condition, are unsafe, unsanitary, or
dangerous to the health, safety, or general welfare of the people of this Town.
(h)
Those which have a foundation that is not so free of holes, cracks,
buckling, crumbling, and defects as to support adequately the dwelling
structure.
(i) Those which do not have a floor,
exterior wall, and roof that is so free of holes, cracks, and loose, rotten,
warped, or protruding boards as to protect the occupants of the dwelling or
dwelling unit reasonably from weather elements and from danger of collapse.
(j) Those which do not have interior walls
and ceilings that are so free of holes, cracks, loose plaster, loose and baggy
wallpaper, defective materials, and structural deterioration as to reasonably
serve their purpose and as to protect the occupants of the structure from danger
of collapse and of fire.
(k) Those buildings or structures that
have been so damaged by fire, wind, earthquake, or flood, or have become so
dilapidated or deteriorated as to become: (i) an attractive nuisance to
children; (ii) a harbor for criminals or dangerous persons; or as to (iii)
enable persons to resort thereto for the purpose of committing unlawful acts.
(I) Those buildings or structures that
have any portion of such building or structure remaining on a site after the
demolition or destruction of the building or structure, or whenever any building
or structure is abandoned for a period in excess of six months so as to
constitute such building or portion thereof an attractive nuisance or hazard to
the public.
(m) Those
structures existing in violation of any provision of the Building Code of the
Town of Saint Paul, or any provision of the Town Fire Code or other ordinances
of the Town.
SECTION
2. DECLARED TO BE PUBLIC NUISANCES.
All
dangerous structures within the terms of Section 1 are hereby declared to be
public nuisances and shall be repaired, vacated, or demolished as provided in
this ordinance.
SECTION
3. STANDARDS FOR REPAIR, VACATION, OR DEMOLITION.
The
following standards shall be followed by the Building Official, Fire Marshal,
and the Town Council, acting in its capacity as Building Commission, under the
terms of this Ordinance in ordering the repair, vacation or demolition:
(a)
If the dangerous structure can reasonably be repaired so that it will no
longer exist in
violation of this Ordinance, it shall be ordered repaired.
(b) If the dangerous structure is in
such a condition as to make it dangerous to the health, safety, morals, or
general welfare of its occupants, it shall be ordered to be vacated.
(c) In any case where a dangerous
structure is fifty percent (50%) or more damaged, decayed, or deteriorated from
its original value or structure, it shall be demolished, and, in all cases where
a structure cannot be repaired so that it will no longer exist in violation of
the terms of this Ordinance, it shall be demolished. In all cases where a
dangerous structure is a fire hazard existing or erected in violation of the
terms of this Ordinance or any ordinance of the Town or statutes of the State,
it shall be demolished. Included in the term "demolished" in this
Ordinance is the cleaning of the property and removing of all debris and trash.
SECTION
4. DUTIES OF BUILDING OFFICIAL OR FIRE MARSHAL.
The duties of the
Building Official or Fire Marshal under this Ordinance shall be as follows:
(a) Inspect or cause to
be inspected annually all public buildings, schools, halls, churches, or other
structures as may be deemed necessary for the purpose of determining whether any
conditions exist which render such places a dangerous structures.
(b) Inspect any
building, wall, or structure about which complaints are filed by
any
person to the effect that a building, wall, or structure is or may be existing
in violation of this Ordinance.
(c) Inspect any
building, wall, or structure reported by the fire or police
departments of the Town as probably existing in violation of the terms of
this Ordinance.
(d) Notify
in writing, by certified mail, the owner, occupant, lessee, mortgagee, agent,
and all other persons having an interest in such building or structure as shown
by the City's tax roll or the deed records of the County Clerk, of any building
or structure found by them to be a dangerous building, stating that: (1) the
owner shall vacate, repair, or demolish the building or structure in accordance
with the terms of this notice and this Ordinance; (2) the occupant or lessee
shall vacate the building or may have it repaired in accordance with the notice
and remain in possession; (3) the mortgagee, agent, or other persons having an
interest in the building or structure as shown by the deed records of the County
Clerk may, at his own risk, repair, vacate, or demolish the structure or have
such work or act done, provided that any person notified under this subsection
to repair, vacate, or demolish any structure shall be given such reasonable
time, not exceeding 90 days, as may be necessary to do or have done the work or
act required by the notice provided for herein.
(e) Set
forth in the notice provided for in subsection (d) of this section a description
of the building or structure deemed unsafe, a statement of the particulars which
make the structure a dangerous structure and an order requiring the same to be
put in such condition as to comply with the terms of this Ordinance within such
length of time, not exceeding 90 days, as is reasonable.
(f)
Report to the Town Council in its capacity as Building Commission any
noncompliance with the "notice" provided for in subsections (d) and
(e) of this section.
(g)
Appear at all hearings conducted by the Town Council in its capacity as
Building Commission and testify as to the conditions of dangerous buildings.
(h) Place a
notice on all dangerous structures upon determination, reading as follows:
"This
building has been found to be a
dangerous building by the Town of
SECTION
5. DUTIES OF CITY COUNCIL ACTING AS BUILDING COMMISSION.
The
duties of the Town Council acting in its capacity as Building Commission under
this Ordinance shall be as follows:
(a) Upon receipt
of a report of the Building Official or Fire Marshal as provided for in
subsection (f) of Section 4, written notice by certified mail is to be given to
the owner, occupant, mortgagee, lessee, agent, and all other persons having an
interest in the structure as shown by the deed records of the County Clerk's
office to appear before the Building Commission on a date specified in the
notice to show cause why the building or structure reported to be a dangerous
structure should not be repaired, vacated, or demolished in accordance with the
statement of particulars set forth in the Building Official's and Fire Marshal's
notice provided for in subsection (e) of Section 4.
(b) Hold a
hearing and hear such testimony as the Building Official or Fire Marshal and the
owner, occupant, mortgagee, lessee, or any other person having an interest in
the structure as shown by the deed records of the County Clerk's office shall
offer relative to the determination of the question of whether the building or
structure in question is a dangerous structure.
(c) Make written
findings of fact from the testimony offered, pursuant to subsection (b) of this
section as to whether or not the building in question is a dangerous structure.
(d) Upon a
determination that the building or structure in question does constitute a
dangerous building, issue an order based upon findings of fact made pursuant to
subsection (c) of this section commanding the owner, occupant, mortgagee,
lessee, or all other persons having an interest in the building as shown by the
deed records of the County Clerk's office to repair, vacate, or demolish any
structure found to be a dangerous building within the terms of this Ordinance.
(e) If, at the
expiration of 60 days from a determination by the Town Council that a building
or structure is to be demolished, the same has not been destroyed, it may be
demolished at the expense of the owner thereof by the Town or its contractor.
The materials of such structure shall be sold and the net cost of the demolition
shall be charged to the owner and, if any balance remains, it shall be held for
the owner or any other parties entitled thereto. If the cost of the demolition
exceeds the value of the materials of such building, such excess shall be
charged as a lien upon the real property on which the building is situated and
the City may file suit to foreclose and satisfy the lien to the extent allowed
by law.
.
SECTION 6.
MAILING AND POSTING OF NOTICES WHEN OWNER,
LESSEE, ET CETERA, IS ABSENT FROM CITY .
In
cases, save those that constitute a clear and present danger as defined in
Section 5, where the owner, occupant, lessee, or mortgagee is absent from the
City, all notices or orders provided for in this Ordinance shall be sent by
certified mail to the owner, occupant, mortgagee, lessee, and all other persons
having an interest in the structure as shown by the deed records of the County
Clerk's office, to the last known address of each, and a copy of such notice
shall be posted in a conspicuous place on the building or structure in question.
Such mailing and posting shall be deemed sufficient notice for the Building
Commission to hold its hearing.
SECTION 7.
ADOPTION.
This
Ordinance is hereby added to the Ordinances of the Town of Saint Paul, Texas,
and the provisions contained therein shall apply to all dangerous buildings as
herein defined, which are now in existence or which may hereafter become
dangerous in the jurisdiction of the Town of
SECTION 8.
CONFLICTS.
All
ordinances and provisions of the Town of Saint Paul, Texas, that are in conflict
with this Ordinance shall be, and the same are, hereby repealed, and all
ordinances and provisions of ordinances of said Town not so repealed are hereby
retained in full force and effect.
SECTION
9. SEVERABILITY.
It
is the intent of the Town Council that each paragraph, sentence, subdivision,
clause, phrase, or section of this Ordinance be deemed severable and, should any
such paragraph, sentence, subdivision, clause, phrase, or section be declared
invalid or unconstitutional for any reason, such declaration of invalidity or
unconstitutionality shall not be construed to effect the validity of those
provisions of this Ordinance left standing, nor the validity of any ordinances
of the Town of Saint Paul.
SECTION 10.
PENALTY.
Any
person, firm, company, partnership, corporation, or association violating any
provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined an amount of not less than One Hundred
Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each such
violation, and each and every day that the provisions of this Ordinance are violated shall constitute a
separate and distinct offense.
SECTION 11. PUBLICATION.
The caption of this ordinance shall be published in
accordance with §52.011 of the Texas Local Government Code.
SECTION 12. EFFECTIVE
DATE.
This Ordinance will be effective upon publication.
ADOPTED by the Town Council of the Town of
APPROVED:
Carl Sherrin, Mayor
ATTEST:
Joyce Pockrus, Town Secretary
APPROVED
AS TO FORM:
John E. Rapier,
Town Attorney