HomeMy WebLinkAbout07506 ORD - 03/03/1965R,
AN ORDINANCE
DEFINING SUBSTANDARD BUILDINGS WITHIN THE TERMS OF.
THIS ORDINANCE, ADOPTI WCHAPTERS II AND III OF THE
SOUTHERN STANDARD BUILDING CODE, PART IV, HOUSING,
1960 -61 EDITION, WITH CERTAIN EXCEPTIONS OR CHANGES,
AS SET FORTH'HEREtNAFTER, PROVIDING FOR THE CONDEM-
NATION OF SUBSTANDARD BUILDINGS OR STRUCTURES, AND
PROVIDING FOR THE EVACUATION, REPAIR AND/OR DEMOLI-
TiON OF SUBSTANDARD BUILDINGS; PROVIDING FOR THE
ESTABLISHMENT OF AN ORGANIZATION FOR ENFORCEMENT;
ESTABLISHING PROCEDURES INCLUDING APPEALS; PROVIDING
A PENALTY FOR THE VIOLATION THEREOF; CONTAINING A
SAVINGS CLAUSE; REPEALING ALL ORDINANCES OF PARTS OF`
ORDINANCES IN_,CONFLICT HEREWITH•AND PARTICULARLY
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REPEALING ARTICLE IV OF CHAPTERall OF THE CORPUS -
CHRISTI °CITY CODE, 1958, AS AMENDED ;`PROVIDING FOR,.
PUBLICATION;
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BEFIT ORDAINED BY THE CITY COUNCIL- OF THE CITY OF, CORPUSAr"
�CHRISTI,TTEXAS :` x
SECTION 1. THAT THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED,,
BE AND THE SAME IS HEREBY AMENDED BY AMENDING CHAPTER 11, ARTICLE IV, -AS .
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AMENDED WITH REFERENCE TO SUBSTANDARD BUILDINGS, BY STRIKING OUT SECTION
11 -13 THROUGH SECTION 11 -20, INCLUSIVE, ANDsINSERTING IN LIEU THEREOF THE
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' FOLLOWING:
"SECTION 11 -13. TITLE AND SCOPE. -
A. THE PROVISIONS EMBRACED WITHIN THE FOLLOWING• SECTIONS SHALL'
,. CONSTITUTE AND BE KNOWN AND MAY BE CITED AS "THE BUILDING AND HOUSING
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STANDARDS CODE", HEREINAFTER REFERRED TOY AS "THIS CODE".'
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B. THIS CODE IS HEREBY DECLARED TO BE REMEDIAL, AND SHALL BE "
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' CONSTRUED TO SECURE THE BENEFICIAL INTERESTS AND PURPOSES THEREOF, WHICH
' ARE PUBLIC SAFETY, HEALTH, AND GENERAL WELFARE, THROUGH STRUCTURAL
- STRENGTH, STABILITY, SANITATION, ADEQUATE LIGHT AND .VENTILATION, AND >
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SAFETY TO LIFE AND PROPERTY FROM FIRE AND OTHER HAZARDS - INCIDENT TO THE
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CONSTRUCTION, ALTERATION, REPAIR, REMOVAL, DEMOLITION, USE AND OCCUPANCY
OF BUILDINGS OR STRUCTURES. s
"SECTION 11 —A. ADMINISTRATION.
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A. THE PROVISIONS OF THIS CODE SHALL APPLY TO THE CONSTRUCTION,
. - ,.,ALTERATION, REPAIR, EQUIPMENT, USE AND OCCUPANCY, LOCATION, MAINTENANCE, ,
REMOVAL AND DEMOLITION .OF EVERY BUILDING OR STRUCTURE OR ANY APPURTENANCES
CONNECTED OR ATTACHED TO ?SUCH BUILDINOS7OR STRUCTURES.
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B. THE PROVISIONS OF THIS CODE SHALL APPLY TO ANY BUILDING
OR STRUCTURE IRRESPECTIVE OF WHEN SAID BUILDING OR STRUCTURE WAS CON-
STRUCTED, ALTERED OR REPAIRED.
C. ALL BUILDINGS OR STRUCTURES, BOTH EXISTING AND NEW, AND
ALL PARTS THEREOF, SHALL BE MAINTAINED IN A SAFE AND SANITARY CONDITION.
ALL DEVICES OR SAFEGUARDS WHICH ARE REQUIRED BY THIS CODE IN A BUILDING
WHEN ERECTED, ALTERED, OR REPAIRED, SHALL BE MAINTAINED IN GOOD WORKING
ORDER.
D. NO PROVISION OF THIS CODE SHALL BE HELD TO DEPRIVE ANY
FEDERAL OR STATE AGENCY, OR ANY MUNICIPAL AUTHORITY HAVING JURISDICTION,
OF ANY POWER OR AUTHORITY WHICH IT HAD ON THE EFFECTIVE DATE OF THIS ACT
OR OF ANY REMEDY THEN EXISTING FOR THE ENFORCEMENT OF ITS ORDERS, NOR
SHALL IT DEPRIVE ANY INDIVIDUAL OR CORPORATION OF ITS LEGAL RIGHTS AS
PROVIDED BY LAW. _ t
"SECTION 11 -15. ADOPTION OF CHAPTERS II AND III, SOUTHERN
., STANDARD BUILDING CODE, PART IV, AS HEREIN-
AFTER AMENDED:
A. CHAPTERS II AND III, AS AMENDED HEREINAFTER, -OF THE BOOK
ENTITLED 'SOUTHERN STANDARDS BUILDING CODE, PART IV, HOUSING (1960 -61
EDITION )'(A COPY OF WHICH, AUTHENTICATED BY THE SIGNATURES OF THE MAYOR
AND THE CITY SECRETARY, AND MADE A PUBLIC RECORD BY THIS ORDINANCE OF THE
CITY COUNCIL, IS ON FILE IN THE CITY SECRETARY'S OFFICE) IS HEREBY
ADOPTED AS A PART OF THE BUILDING AND HOUSING STANDARDS CODE OF THE CITY
OF CORPUS CHRISTI, AS FULLY AS IF COPIED AT LENGTH IN THIS ORDINANCE,
THE PURPOSE OF SUCH ADOPTION AND INCORPORATION OF CHAPTERS II AND III OF
SAID BOOK IN THIS ORDINANCE BEING TO MAKE THE DEFINITIONS (CHAPTER II):
APPLY TO ALL BUILDINGS AS DEFINED IN SAID CHAPTER AND TO MAKE CHAPTER
III THEREIN, RELATING TO MINIMUM STANDARDS, APPLICABLE To DWELLINGS AND
APARTMENTS, OR BUILDINGS OR STRUCTURES USED AS SUCH.
B.1 CHAPTER III ADOPTED HEREIN IS AMENDED AS FOLLOWS:
(1) SECTION 303.1, THE FIRST SENTENCE THEREOF, IS HEREBY
AMENDED TO HEREAFTER READ AS FOLLOWS: "EVERY HABITABLE ROOM SHALL HAVE
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AT LEAST ONE WINDOW OR SKYLIGHT FACING DIRECTLY TO THE OUTDOORS OR BE
ELECTRICALLY LIGHTED IN COMPLIANCE WITH SECTION 303.4 ENTITLED "ELECTRIC
SERVICE' AS AMENDED HEREINAFTER IN PARAGRAPH (2) HEREOF."
(2) SECTION 303.4 ENTITLED "ELECTRIC SERVICE" IS HEREBY AMENDED
TO HEREAFTER READ AS FOLLOWS' "EVERY DWELLING SHALL BE WIRED FOR ELECTRIC
LIGHTS AND CONVENIENCE RECEPTACLES. EVERY HABITABLE ROOM SHALL CONTAIN
AT LEASE ONE FLOOR OR WALL -TYPE ELECTRIC CONVENIENCE RECEPTACLE. THERE
SHALL BE INSTALLED IN EVERY BATHROOM, WATERCLOSET ROOM, LAUNDRY ROOM
AND FURNACE ROOM AT LEAST ONE SUPPLIED CEILING, OR WALL TYPE ELECTRIC
LIGHT FIXTURE. EVERY PUBLIC HALL AND STAIRWAY IN EVERY MULTIPLE DWELLING
SHALL BE ADEQUATELY LIGHTED BY ELECTRIC LIGHTS AT ALL TIMES WHEN NATURAL
DAYLIGHT IS NOT SUFFICIENT."
(3) THE PROVISIONS OF THIS CHAPTER ADOPTED HEREIN ARE EXPRESSLY
MADE APPLICABLE TO ROOMING HOUSES.
"SECTION 11-16. ORGANIZATION, BUILDING STANDARDS AND HOUSING
BOARD OF APPEALS.
A. THERE IS HEREBY ESTABLISHED IN THE CITY AN ORGANIZATION• FOR
THE ENFORCEMENT OF THIS CODE, CONSISTING OF (1) THE OFFICE OF THE BUILDING
OFFICIAL AND HIS DULY AUTHORIZED REPRESENTATIVE AND (2) A BUILDING
r STANDARDS AND HOUSING BOARD OF APPEALS.
B. NO EMPLOYEE CONNECTED WITH THE ORGANIZATION SHALL BE
FINANCIALLY INTERESTED IN THE FURNISHING OF LABOR, MATERIAL, OR APPLIANCES
tp FOR THE CONSTRUCTION, ALTERATION OR MAINTENANCE OF A BUILDING, OF WHICH
HE IS NOT THE SOLE OR PART OWNER, OR IN THE MAKING OF PLANS OR OF SPECOFO-
CATIONS THEREFOR. NO SUCH OFFICER OR EMPLOYEE SHALL ENGAGE IN ANY WORK
WHICH IS INCONSISTENT WITH HIS DUTIES OR WITH THE INTERESTS OF THE -
ORGANIZATION.
C. BUILDING STANDARDS AND HOUSING BOARD OF APPEALS.
(1) THERE IS HEREBY CREATED A BUILDING STANDARDS AND
HOUSING BOARD OF APPEALS TO BE COMPOSED OF SEVEN MEMBERS,
EACH OF WHOM SHALL BE A RESIDENT OF THE CITY OF CORPUS CHRISTI.
SUCH BOARD SHALL BE COMPOSED OF ONE LAWYER, ONE PHYSICIAN,
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THREE MEMBERS CHOSEN FROM THE FOLLOWING, TO —WIT: A REALTOR,
AN ARCHITECT, AN ENGINEER, A GENERAL CONTRACTOR, A HOME
BUILDER, OR A BUILDING MATERIALS DEALER; AND TWO MEMBERS— AT—
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LARGE FROM THE RESIDENTS OF THE CITY WHO ARE HOME OWNERS.
THIS BOARD SHALL BE APPOINTED BY THE CITY COUNCIL.
(Z) OF THE MEMBERS FIRST APPOINTED THREE SHALL BE x
APPOINTED FOR A TERM OF ONE YEAR, TWO FOR A TERM OF TWO
YEARS, TWO FOR A TERM OF THREE YEARSy AND THEREAFTER THEY
SHALL BE APPOINTED FOR TERMS OF THREE YEARS. VACANCIES
SHALL BE FILLED FOR AN UNEXPIRED TERM IN THE MANNER IN
WHICH ORIGINAL APPOINTMENTS ARE REQUIRED TO BE MADE. THE
UNEXCUSED ABSENCE OF ANY MEMBER FROM THREE CONSECUTIVE
° - OFFICIAL MEETINGS OF THE BOARD SHALL AUTOMATICALLY TERMINATE
HIS MEMBERSHIP ON THE BOARD.
(3) FOUR MEMBERS OF THE BOARD SHALL CONSTITUTE A
QUORUM. IN VARYING THE APPLICATION OF ANY PROVISIONS OF
THIS CODE OR IN MODIFYING AN ORDER OF'-THE BUILDING OFFICIAL
AFFIRMATIVE VOTES OF THE MAJORITY PRESENT, BUT NOT LESS THAN a
FOUR AFFIRMATIVE VOTES, SHALL BE REQUIRED. NO BOARD MEMBER
• SHALL, ACT IN A CASE IN WHICH HE HAS A PERSONAL INTEREST.
(4) THE BOARD SHALL ESTABLISH RULES AND REGULATIONS
FOR ITS OWN PROCEDURE NOT INCONSISTENT WITH THE PROVISIONS
OF THIS CODE. THE BOARD SHALL MEET AT REGULAR INTERVALS,
TO BE DETERMINED BY THE CHAIRMAN, OR IN ANY EVENT, THE BOARD
SHALL MEET WITHIN THIRTY DAYS AFTER NOTICE OF APPEAL HAS
BEEN RECEIVED.
"SECTION 11 -17. POdERS AND DUTIES OF BUILDING OFFICIAL.
A. THE BUILDING OFFICIAL SHALL KEEPy OR CAUSE TO BE KEPT, A
RECORD OF THE BUSINESS OF THIS OFFICE. THE RECORDS OF THE OFFICE OF THE
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BUILDING OFFICIAL SHALL BE OPEN TO PUBLIC INSPECTION.
B. THE BUILDING OFFICIAL SHALL ENFORCE THE PROVISIONS OF THIS
CODE, AND HEy OR HIS DULY AUTHORIZED REPRESENTATIVE, MAY ENTER ANY BUILDING,
STRUCTURE, DWELLING, APARTMENT, APARTMENT HOUSE, OR PREMISES IN THE
CITY TO PERFORM ANY DUTY IMPOSED UPON HIM BY THIS CODE.
C. IT SHALL BE THE DUTY OF THE BUILDING OFFICIAL OR HIS
DESIGNATED REPRESENTATIVE TO INSPECT ALL BUILDINGS OR STRUCTURES
REPORTED TO BE OR BELIEVED TO BE SUBSTANDARD. HE SHALL MAKE A RECORD
OF EVERY SUCH INSPECTION AND OF ALL VIOLATIONS OF THIS CODE.
D. ANY REQUIREMENT, NOT SPECIFICALLY COVERED BY THIS CODE,
FOUND NECESSARY FOR THE SAFETY, HEALTH AND GENERAL WELFARE OF THE
OCCUPANTS OF ANY BUILDING OR STRUCTURE SHALL BE DETERMINED BY THE BUILDING
OFFICIAL SUBJECT TO APPEAL TO THE BUILDING STANDARDS AND HOUSING BOARD
OF APPEALS.
E. NEITHER THE CITY OF CORPUS CHRISTI NOR ANY AUTHORIZED AGENT
ACTING UNDER THE TERMS OF THIS ORDINANCE IN THE DISCHARGE OF HIS DUTIES
SHALL BE LIABLE OR HAVE ANY LIABILITY BY REASON OF ORDERS ISSUED OR WORK
DONE IN COMPLIANCE WITH THE TERMS OF THIS ORDINANCE.
F. THE BUILDING OFFICIAL SHALL ANNUALLY SUBMIT A REPORT TO THE
CITY MANAGER COVERING THE WORK OF HIS OFFICE DURING THE PRECEDING YEAR.
HE'SHALL INCORPORATE IN SAID REPORT A SUMMARY OF THE DECISIONS OF THE
BUILDING STANDARDS AND HOUSING BOARD OF APPEALS DURING SAID YEAR.
.,SECTION 11 -15. MINIMUM STANDARDS FOR BUILDINGS.
ALL BUILDINGS OR STRUCTURES WHICH HAVE ANY OR ALL OF THE FOLLOW-
ING DEFECTS OR LACK OF FACILITIES SHALL BE DEEMED SUBSTANDARD BUILDINGS:
A. ALL BUILDINGS OR STRUCTURES WHICH DO NOT HAVE THE NUMBER-OF
PLUMBING FIXTURES AS REQUIRED BY THE PLUMBING ORDINANCE OF THE CITY OF
CORPUS CHRISTI, OR WHICH HAVE PIT PRIVIES WHERE THE SAME ARE NOT PERMITTED
BY LAW, OR WHICH ARE NOT CONNECTED TO THE CITY SEWER WHEN REQUIRED BY LAW,
OR WHERE INADEQUATE AND UNSANITARY PIT PRIVIES OR SEPTIC TANKS EXIST.
B. ALL BUILDINGS OR STRUCTURES THAT HAVE BECOME DETERIORATED
THROUGH ACCIDENT OR LACK OF REPAIR OR NATURAL CAUSES, OR BY DAMAGE THROUGH
EXPOSURE TO THE ELEMENTS, ESPECIALLY WINDS, HAIL OR RAIN, OR DAMAGE THROUGH
FIRE, TO THE EXTENT THAT THE ROOF, WINDOWS AND DOORS, OR PORTIONS OF THE
BUILDING, OR STRUCTURE, WHICH PROTECT FROM THE WEATHER, WILL NO LONGER
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PROTECT FROM THE WEATHER%
C. ALL BUILDINGS OR STRUCTURES WHICH CONSTITUTE, OR IN WHICH
ARE MAINTAINED, FIRE HAZARDS, AS THAT TERM IS DEFINED THROUGH THE FIRE
PREVENTION CODE OF THE CITY OF CORPUS CHRISTI, TEXAS.
D. ALL BUILDINGS OR STRUCTURES WHICH ARE SO STRUCTURALLY
DETERIORATED THAT THEY ARE IN DANGER OF COLLAPSE, OR WHICH CANNOT BE
EXPECTED TO WITHSTAND WINDS OF HURRICANE FORCE.
E. ALL BUILDINGS OR STRUCTURES NOT WIRED IN CONFORMITY WITH
THE ELECTRICAL CODE OF THE CITY.
F. ALL BUILDINGS OR STRUCTURES NOT CONSTRUCTED IN CONFORMITY
WITH THE CITY BUILDING CODE.
G. ALL BUILDINGS OR STRUCTURES SO CONSTRUCTED OR PERMITTED TO
BE SO CONSTRUCTED AS TO CONSTITUTE A MENACE TO HEALTH OR SAFETY INCLUDING
ALL CONDITIONS CONDUCIVE TO THE HARBORING OF RATS OR MICE.OR OTHER DISEASE -
CARRYING ANIMALS OR INSECTS REASONABLY CALCULATED TO SPREAD DISEASE, AND
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INCLUDING SUCH CONDITIONS HAZARDOUS TO SAFETY AS INADEQUATE BRACING OR THE
USE OF DETERIORATED MATERIALS.
H. ALL DWELLINGS, APARTMENT HOUSES, ROOMING HOUSES OR BUILDINGS
OR STRUCTURES USED AS SUCH WHICH ARE UNSAFE, UNSANITARY, UNFIT FOR HIYMAN`
HABITATION, OR NOT PROVIDED WITH ADEQUATE EGRESS; OR ARE OTHERWISE DA'N GEROUS
TO HUMAN LIFE, OR WHICH IN RELATION TO EXISTING USE CONSTITUTE A HAZARD
TO SAFETY OR HEALTH BY REASON OF INADEQUATE MAINTENANCE, DILAPIDATION,
OBSOLESCENCE, OR ABANDONMENT, OR WHICH DO NOT COMPLY WITH THE MINIMUM
STANDARDS FOR DWELLINGS AND APARTMENTS AS SET OUT IN CHAPTER III OF THE -
SOUTHERN STANDARDS BUILDING CODE, PART IV, HOUSING (1960 -61 EDITION),
AS AMENDED HEREIN.
°SECTION 11 -19. CONDITIONS FOR VACATING, REPAIRING OR DEMOLISHING.
A. EMERGENCY MEASURES. WHEN IT SHALL APPEAR THAT A BUILDING OR
STRUCTURE, IN THE CITY OF CORPUS CHRISTI, IS A SUBSTANDARD BUILDING UNDER
THE TERMS OF THIS ORDINANCE AND THAT SUCH BUILDING OR STRUCTURE OR THE
MANNER OF ITS USE CONSTITUTES AN IMMEDIATE AND SERIOUS DANGER TO LIFE
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OR PROPERTY, THE CONDITIQN SHALL BE DEEMED A CONDITION JUSTIFYING THE
USE OF EMERGENCY MEASURES, AND THE BUILDING OFFICIAL OR HIS DULY
AUTHORIZED REPRESENTATIVE MAY, WITH THE CONSENT AND APPROVAL OF THE
DIRECTOR OF PUBLIC WORKS AND /OR THE CITY MANAGER, ORDER ANY OF THE
FOLLOWING EMERGENCY MEASURES TO BE TAKEN: (A) IMMEDIATE VACATION OF
SUCH BUILDING, STRUCTURE, AND /OR ADJOINING BUILDINGS OR STRUCTURES,
(B) VACATION OF THE DANGER AREA AROUND SUCH BUILDINGS OR STRUCTURES,
(C) SUCH EMERGENCY SHORING -UP AND BRACING OF WALLS, ROOFS AND SUPPORTS
AS ARE REQUIRED TO RENDER SUCH BUILDINGS OR STRUCTURES SAFE, OR (D) THE
DESTRUCTION OF SUCH WALLS, ROOFS, AND SUPPORTS OR THE ENTIRE STRUCTURE
OR SO MUCH THEREOF AS CANNOT BE BRACED OR MADE SECURE WITH SAFETY, OR
(E) POST NOTICES ON OR NEAR SUCH BUILDING OR STRUCTURE, OR BUILDINGS
OR STRUCTURES, NOTIFYING THE PUBLIC OF SUCH ORDERS AND ORDERING ALL
PERSONS TO KEEP OUT OF SUCH BUILDING, BUILDINGS, STRUCTURE OR STRUCTURES,
AND THE AREAS OF DANGER SURROUNDING IT OR THEM.
WHEN ANY OF THE ABOVE MENTIONED MEASURES ARE ORDERED TO BE
TAKEN, NOTICE OF SUCH ORDER SHALL BE GIVEN AS FOLLOWS:
A. SUCH ORDER SHALL BE DIRECTED TO THE OWNER OF SUCH
SUBSTANDARD BUILDING OR STRUCTURES, OR HIS AUTHORIZED
REPRESENTATIVE, IF THE SAME SHALL BE KNOWN. WHERE
NOTIFICATION CAN BE ACCOMPLISHED WITHOUT INCREASING
THE DANGER TO LIFE OR PROPERTY, NOTICE SHALL BE GIVEN
BY PERSONAL SERVICE ON THE OWNER OF THE BUILDING OR
STRUCTURE, OR HIS REPRESENTATIVE;
B. IN THE EVENT THAT SUCH NOTIFICATION WOULD CREATE
SUCH DELAY AS WOULD MATERIALLY INCREASE THE DANGER TO
LIFE OR PROPERTY, THEN SUCH NOTICE NEED NOT BE GIVEN.
IN THE EVENT THAT SUCH NOTIFICATION IS UNNECESSARY OR IN THE
EVENT SUCH NOTICE IS GIVEN AND THE OWNER OR HIS REPRESENTATIVE SHALL
REFUSE OR FAIL TO CARRY OUT THE ORDERS OF THE DIRECTOR OF PUBLIC WORKS
AND /OR THE CITY MANAGER OR SHALL FAIL TO CARRY OUT SUCH ORDER SATIS-
FACTORILY, THEN, IN EITHER SUCH EVENT, THE BUILDING OFFICIAL OR HIS DULY
AUTHORIZED REPRESENTATIVE, UPON APPROVAL OF THE CITY MANAGER, MAY PROCEED
TO CARRY OUT SUCH ORDERS EITHER BY PRIVATE CONTRACT OR THROUGH AN AGENCY
OF THE CITY, AND THE COST THUS INCURRED SHALL CONSTITUTE A VALID LIEN
AGAINST THE PROPERTY.
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B. NORMAL PROCEDURE. THE FOLLOWING MEASURES SHALL BE TAKEN
IN SUBSTANCE BY THE BUILDING OFFICIAL *IN ORDERING REPAIR, VACATION OR
DEMOLITIONS
(1 IF THE SUBSTANDARD BUILDING OR STRUCTURE CAN REASONABLY Y
BE REPAIRED $0 THAT IT WILL NO LONGER BE IN A CONDITION
WHICH 13 IN VIOLATION OF THE TERMS OF THIS ORDINANCE, IT SHALL
BE ORDERED REPAIRED.
(Z) IF THE SUBSTANDARD BUILDING OR STRUCTURE IS IN SUCH CONDI-
TION AS TO MAKE IT DANGEROUS TO THE HEALTH, MORALS, SAFETY OR
GENERAL WELFARE OF ITS OCCUPANTS OR OF THE PUBLIC, IT SHALL BE
ORDERED TO BE VACATED.
(3) IN ANY CASE WHERE A SUBSTANDARD BUILDING OR STRUCTURE
IS FIFTY PERCENT OR MORE DAMAGED OR DECAYED IT SHALL BE
DEMOLISHED; AND IN ALL CASES WHERE A BUILDING CANNOT BE REPAIRED
SO THAT ITS EXISTENCE WILL NO LONGER BE IN VIOLATION OF THE TERMS
OF THIS ORDINANCES IT SHALL BE DEMOLISHED AND REMOVED FROM THE
PREMISES.
(4) WHENEVER THE BUILDING OFFICIAL SHALL FIND ANY BUILDING
OR STRUCTURE OR PORTION THEREOF TO BE SUBSTANDARD, BUT THE
CONDITION THEREOF 13 NOT DEEMED A CONDITION JUSTIFYING THE USE
OF EMERGENCY MEASURES, HE SHALL GIVE THE OWNER, AGENT OR PERSON
IN CONTROL OF SUCH BUILDING OR STRUCTURE WRITTEN NOTICE STATING
THE DEFECTS THEREOF. THIS NOTICE SHALL REQUIRE THE OWNER WITH-
. IN A STATED TIME EITHER TO COMPLETE SPECIFIED REPAIRS OR IMPROVE-
MENTS, OR TO DEMOLISH OR REMOVE THE BUILDING OR STRUCTURE OR
PORTION THEREOF OR TO COMPLY WITH ANY OTHER ORDER OF THE BUILD-
ING OFFICIAL WHICH HE MAY DEEM NECESSARY IN ORDER TO CORRECT THE
CONDITION OR CONDITIONS WHICH RENDER SUCH BUILDING OR STRUCTURE
SUBSTANDARD.
(5) IF THE NAME, ADDRESS OR LOCATION OF THE OWNER OR HIS DULY
AUTHORIZED AGENT 13 UNKNOWN OR HE OR HIS DULY AUTHORIZED AGENT
CANNOT BE NOTIFIED OF THE DECISION OF THE BUILDING OFFICIAL'IN
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THE MANNER PRESCRIBED, THE DECISION SHALL BE PUBLISHED
ONCE WEEKLY FOR FOUR SUCCESSIVE WEEKS IN THE OFFICIAL
NEWSPAPER PUBLICATION OF THE CITY OF CORPUS CHRISTI, TEXAS.
THE OWNER OR HIS DULY AUTHORIZED AGENT IN SUCH CASES, IF
APPEAL IS DESIRED, SHALL FILE NOTICE OF APPEAL IN WRITING
WITHIN THIRTY DAYS FOLLOWING THE DATE OF THE LAST PUBLI-
CATION OF THE DECISION OF THE BUILDING OFFICIAL.
"SECTION 11 -20. HARDSHIPS.
WHERE THE LITERAL APPLICATION OF THE REQUIREMENTS OF THIS CODE
WOULD CAUSE UNDUE HARDSHIP, AN EXCEPTION MAY BE GRANTED BY THE BUILDING
OFFICIAL UPON WRITTEN APPLICATION THEREFOR. SUCH EXCEPTION SHALL BE MADE
IN WRITING AND ONLY WHEN IT IS CLEARLY EVIDENT THAT REASONABLE SAFETY AND
SANITATION IS ASSURED, AND SUCH EXCEPTION SHALL BE CONDITIONED IN SUCH A
MANNER AS TO ACHIEVE THAT END. SUCH CONDITIONS MAY INCLUDE RESTRICTIONS
NOT GENERALLY SPECIFIED BY TH'IIS ORDINANCE. THIS SECTION SHALL APPLY TO
BUILDINGS IN EXISTENCE AT THE DATE OF THE PASSAGE OF THIS ORDINANCE ONLY.
EXCEPTIONS GRANTED IN ACCORDANCE WITH THE TERMS OF THIS SECTION
SHALL BE SUBJECT TO REVIEW BY THE BOARD.
"SECTION 11 -20A. PROCEDURE ON APPEAL.
A. WHENEVER IT IS CLAIMED THAT THE TRUE INTENT AND MEANING OF
THIS CODE OR ANY OF THE REGULATIONS THEREUNDER HAVE BEEN MISCONSTRUED OR
WRONGLY INTERPRETED, OR THAT THE DECISION OF THE BUILDING OFFICIAL OR -'HIS
DULY AUTHORIZED REPRESENTATIVE IS ERRONEOUS, THE OWNER OR HIS DULY AUTHOR-
IZED AGENT MAY APPEAL FROM THE DECISION OF THE BUILDING OFFICIAL TO THE
BUILDING STANDARDS AND HOUSING BOARD OF APPEALS.
B. NOTICE OF APPEAL SHALL BE IN WRITING AND FILED WITHIN THIRTY
DAYS AFTER THE GIVING OF THE NOTICE AS REQUIRED BY THIS ORDINANCE, OF'THE
DECISION RENDERED BY THE BUILDING OFFICIAL. APPEALS HEREUNDER SHALL BE
ON FORMS APPROVED BY THE BOARD AND PROVIDED BY THE BUILDING OFFICIAL.,
C. PENDING APPEAL, SUCH ORDERS OF THE BUILDING OFFICIAL AS
SHALL REQUIRE VACATION OF THE ALLEGED SUBSTANDARE BUILDING OR STRUCTURE
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OR SUCH EMERGENCY MEASURES AS MAY HAVE BEEN ORDERED SHALL REMAIN IN EFFECT,
BUT ALL OTHER ORDERS SHALL BE SUSPENDED IN THEIR OPERATION.
D. THE BUILDING STANDARDS AND HOUSING BOARD OF APPEALS, WHEN
SO APPEALED TO AND AFTER A HEARING, MAY VARY THE APPLICATION OF ANY PRO-
VISION OF THIS CODE TO ANY PARTICULAR CASE WHEN, IN ITS OPINION, THE
E NFORCEMENT THEREOF WOULD DO MANIFEST INJUSTICE, AND WOULD BE CONTRARY
TO THE SPIRIT AND PURPOSE OF THIS CODE OR PUBLIC INTEREST, OR WHEN, IN
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ITS OPINION THE INTERPRETATION OF THE BUILDING OFFICIAL SHOULD BE MODI-
FIED OR REVERSED.
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(1) A DECISION OF THE BUILDING STANDARDS AND HOUSING
BOARD OF APPEALS TO VARY THE APPLICATION OF ANY PROVISION
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OF THIS CODE OR TO MODIFY AN ORDER OF THE BUILDING OFFICIAL
IN WHOLE OR IN PART SHALL SPECIFY IN WHAT MANNER SUCH VARIATION
OR MODIFICATION IS MADE, THE CONDITIONS UPON WHICH IT IS MADE
AND THE REASONS THEREFOR.
(Z) IF A DECISION OF THE BUILDING STANDARDS AND HOUSING
BOARD OF APPEALS REVERSES OR MODIFIES A REFUSAL, ORDER, OR DIS-
ALLOWANCE OF THE BUILDING OFFICIAL, OR VARIES THE APPLICATION
OF ANY PROVISION OF THIS CODE, THE BUILDING OFFICIAL SHALL
IMMEDIATELY TAKE ACTION IN ACCORDANCE WITH SUCH DECISION.
E.- THE BOARD MAY RENDER A DECISION ON ANY PART OF THE MATTERS
INVOLVED IN THE ORDER RENDERED BY THE BUILDING OFFICIAL WHICH HAD BEEN
APPEALED TO THE BOARD, RESERVING ITS DECISION ON OTHER MATTERS TO A HEAR-
ING AT A LATER DATE. - f
F. EVERY DECISION OF THE BUILDING STANDARDS AND HOUSING BOARD
OF APPEAL$ SHALL BE FINAL UNLESS AN APPEAL TO THE CITY COUNCIL BE TAKEN
AS HEREINAFTER PROVIDED. THE DECISION OF THE BOARD SHALL BE IN WRITING, ,
AND SHALL INDICATE THE VOTE UPON IT. EVERY DECISION SHALL BE PROMPTLY FILED
IN THE OFFICE OF THE BUILDING OFFICIAL, AND SHALL BE OPEN TO PUBLIC INSPEC-
TION; A CERTIFIED COPY SHALL BE SENT BY CERTIFIED MAIL OR DELIVERED PERSONALLY
TO THE APPELLANT OR HIS AGENT, AND A COPY SHALL BE KEPT POSTED IN THE OFFICE
OF THE BUILDING OFFICIAL FOR TWO WEEKS AFTER FILING.
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G. THE BUILDING STANDARDS AND HOUSING BOARD OF APPEALS SHALL
IN EVERY CASE REACH A DECISION WITHOUT UNREASONABLE OR UNNECESSARY DELAY.
H. AN APPEAL TO THE CITY COUNCIL SHALL BE IN WRITING AND FILED
WITH THE CITY SECRETARY WITHIN TEN (10) DAYS FROM THE DATE OF THE MAILING
OF THE DECISION OF THE BUILDING STANDARDS AND HOUSING BOARD OF APPEALS OR
STHE DATE OF PERSONAL SERVICE OF A COPY ON APPELLANT. THE CITY COUNCIL
SHALL HOLD A PUBLIC HEARING AND RENDER ITS DECISION AFFIRMING, MODIFYING
OR OVERRULING THE DECISION OF THE BOARD OF APPEALS. THE DECISION OF THE
CITY COUNCIL SHALL BE FINAL. THE FINAL DECISION OF THE BUILDING STANDARDS
AND HOUSING BOARD OF APPEALS OR OF THE CITY COUNCIL, AS THE CASE MAY BE,
SHALL BE SUBJECT TO SUCH REMEDY AS THE AGGRIEVED PARTY MAY HAVE AT LAW
OR IN EQUITY.
"SECTION 11 -20B. DUTY OF CITY ATTORNEY AND ENFORCEMENT THROUGH
LEGAL PROCEEDINGS.
IT SHALL BE THE DUTY OF THE CITY ATTORNEY OF THE CITY OF CORPUS
CHRISTI TO ENFORCE THE ORDERS OF THE BUILDING OFFICIAL OR SUCH MODIFICATIONS
AS MAY BE MADE BY THE BUILDING STANDARDS AND HOUSING BOARD OF APPEALS OR
CITY COUNCIL UPON APPEAL, BY FILING ACTION IN THE APPROPRIATE COURT OF
THIS STATE.
"SECTION 11 -20C. PENALTY.
ANY PERSON WHO SHALL WILFULLY REFUSE OR FAIL TO LEAVE A BUILDING
WHICH HAS BEEN ORDERED VACATED UNDER THE TERMS OF THIS ORDINANCE, OR WHO
SHALL ENTER A BUILDING WHICH HAS BEEN ORDERED VACATED UNDER THE TERMS OF
THIS ORDINANCE, OR WHO SHALL ENTER AN AREA AROUND SUCH BUILDING THAT HAS
BEEN DECLARED TO BE DANGEROUS AND NOTICE OF WHICH DECLARATION SHALL HAVE
BEEN POSTED; AND/OR ANY PERSON WHO SHALL INTERFERE WITH OR HINDER THE
VACATION, REPAIR OR DEMOLITION OF ANY BUILDING UNDER THE TERMS OF THIS
ORDINANCE OR WHO SHALL PROCURE THE VIOLATION OF ANY PROVISION OF THIS
ORDINANCE, SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION
SHALL BE FINED IN ANY SUM NOT EXCEEDING TWO HUNDRED DOLLARS ($200), AND
EACH AND EVERY DAYS VIOLATION SHALL CONSTITUTE A SEPARATE AND DISTINCT
OFFENSE. IN CASE THE OWNER OR OCCUPANT OR ANY SUBSTANDARD BUILDING ORDERED
VACATED, REPAIRED OR DEMOLISHED,UNDER THE TERMS OF THIS ORDINANCE SHALL BE
A CORPORATION AND SHALL VIOLATE OR SHALL PROCURE THE VIOLATION "OF ANY
PROVISION OF THIS ORDINANCE, THE PRESIDENT, VICE - PRESIDENT, SECRETARY
OR TREASURER OF SUCH CORPORATION SHALL BE SEVERALLY LIABLE FOR THE
PENALTIES THEREIN PROVIDEO."
SECTION 2. THAT IF ANY ARTICLE, PARAGRAPH, SUBDIVISION, CLAUSE,
PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE ADJUDGED INVALID, OR TO
BE UNCONSTITUTIONAL, THE SAME SHALL NOT AFFECT THE VALIDITY OF THE
ORDINANCE AS A WHOLE OR ANY PART OF PROVISION THEREOF OTHER THAN THE -
PART SO DECIDED TO BE INVALID OR HELD TO BE UNCONSTITUTIONAL.
SECTION 3. THAT ALL OTHER ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT WITH THIS ORDINANCE ARE HEREBY REPEALED.
SECTION 4. THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER
THE DATE OF ITS PUBLICATION IN THE OFFICIAL PUBLICATION OF THE CITY OF
CORPUS CHRISTI, WHICH PUBLICATION SHALL BE SUFFICIENT IF IT CONTAINS THE
TITLE OF THIS ORDINANCE AND STATES THE PENALTY PROVIDED HEREIN FOR THE
VIOLATION THEREOF.
t
�THAT THE FOREGOING ORDINANCE WAS JE4T FOR THE F S E AND
PAS D�f_.-IV f ITS SECOND READING ON THIS THE DAY OF
�9 ''� BY THE FOLLOWING VOTE:
JAMES L. BARNARD
JAMES H. YOUNG
JACK R. BLACKMON
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
W. H. WALLACE, JR.
THAT THE FOREGOING ORDINA E AS READ FOR C TIME AND/ppAS�SES
TO ITS THIRD READING ON THIS THE DAY OF �9Y�
BY THE FOLLOWING VOTE:
JAMES L. BARNARD 66e, a
JAMES H. YOUNG
JACK R. BLACKMON
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
W. H. WALLACE, JR.
THAT THE FORE66)NG ORDINANCE W /FFO��R ""THE IRD ME AND PASSED
FINALLY ON THIS THE �% DAY OF (�ti�- BY
THE FOLLOWING VOTE:
JAMES L. BARNARD ,P
JAMES H. YOUNG
JACK R. BLACKMON
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBER TS
W. H. WALL AC JR.
PASSED AND APPROVED, THIS THE C/ DAY OF
AT T
CI Y SECRE A Y
APPROVED AS 0 LEGAL FORM41 IS
DAY OF 9.L3
MAYORi
✓ THE CITY OF CORPUS CHRISTI, TEXAS
CITY ATTORNEY1 %r
f' PUBLISHER'S AFFIDAVIT
STATE OF TEXAS,
Count ` A Wt
y of Nueces.
Before me, the undersigned, a Notary Public, this day personally came.....
L* 1aMd- 'G.'-'Ra=M3 .................................. who being first duly sworn,
812ig_lfangger according to law, sa ys that he is the " ".O t1.0..M#. of
the Corpus Christi Caller and The Corpus Christi Tim
Daily Newspapers published at Co �+
Corpus Christi, Texas, in said County and State, and that the publication of
LEMI,-- Notio®_of Passage oP an Ordinance No
builciiiigs code Part IV, Housin-^ 7506 -- defining..- Ubstandard
........:. . .. .
Of which the annexed is a true copy, 6� Y� . -__ � � -��� -� . " " " " "'-- ' - " - ""......... was published in ...........' l' i7� e3...Til1i�8 .............................................
on the.......... day of......._ .mja.._ b _._...__..
19._... ..........................
CRXXzztbEz
..... ..........I .............. Times.
F $ ................Z.20.........
r.
Subscribed and sworn to before me
Louise Vick