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HomeMy WebLinkAbout09811 ORD - 06/24/1970r . AN ORDINANCE DEFINING SUBSTANDARD BUILDINGS WITHIN THE TERMS OF THIS ORDINANCE, ADOPTING CHAPTERS II AND III OF THE SOUTHERN STANDARD HOUSING CODE, 1969 EDITION, WITH CERTAIN EXCEPTIONS OR CHANGES, AS SET FORTH HEREIN- AFTER; PROVIDING FOR THE CONDEMNATION OF SUBSTANDARD BUILDINGS OR STRUCTURES, AND PROVIDING FOR THE EVACU- ATION, REPAIR AND /OR DEMOLITION OF SUBSTANDARD BUILD- INGS; PROVIDING FOR THE ATTACHMENT OF LIENS; PROVIDING FOR THE ESTABLISHMENT OF AN ORGANIZATION FOR ENFORCE- MENT; ESTABLISHING PROCEDURES INCLUDING HEARINGS AND APPEALS; PROVIDING A PENALTY FOR THE VIOLATION THERE- OF; CONTAINING A SAVINGS CLAUSE; REPEALING ALL ORDI- NANCES IN CONFLICT THEREWITH AND PARTICULARLY REPEALING ARTICLE IV'OF CHAPTER 11 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND SUBSTITUTING THIS ORDINANCE THERE- FOR; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 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 AMENDED WITH REFERENCE TO SUBSTANDARD BUILDINGS, BY STRIKING OUT SECTION 11 -13 THROUGH SECTION 11 -2OC, INCLUSIVE) AND INSERTING IN LIEU THEREOF THE FOLLOWING: SECTION 11 -13. SHORT TITLE; SCOPE. A. THE PROVISIONS EMBRACED WITHIN THE FOLLOWING SECTIONS 11 -13 THROUGH 11 -20C SHALL CONSTITUTE AND BE KNOWN AND MAY BE CITED AS THE BUILDING AND HOUSING STANDARDS CODE, HEREINAFTER REFERRED TO AS "THIS CODE." B. THIS CODE IS HEREBY DECLARED TO BE REMEDIAL AND SHALL BE CON- STRUED 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 SAFETY TO LIFE AND PROPERTY, PREVENTION OF FIRE AND OTHER HAZARDS INCIDENT TO THE CONSTRUC- TION, ALTERATION, REPAIR, REMOVAL, DEMOLITION, USE AND OCCUPANCY OF BUILDINGS OR STRUCTURES. SECTION ii -111. APPLICABILITY. A. TH1g COnF SHALL APPLY TO THE BUILDINGS, STRUCTURFS, SUB- STRUCTURES, OR OTHERWISE HEREIN MENTIONED AND SHALL BE ADMINISTERED IN CON- JUNCTION WITH OTHER CODES. (1) EVERY BUILDING OR STRUCTURE USED IN WHOLE OR IN PART AS A DWELLING UNIT OR MULTIPLE DWELLING, OR AS A ROOMING HOUSE, SHALL CONFORM TO THE REQUIREMENTS OF THIS CODE IRRESPECTIVE OF THE PRIMARY USE OF SUCH BUILDING AND IRRESPECTIVE OF WHEN SUCH BUILDING MAY HAVE BEEN CONSTRUCTED, ALTERED OR REPAIRED. (2) THIS CODE ESTABLISHES MINIMUM STANDARDS FOR OCCUPANCY AND DOES NOT REPLACE OR MODIFY STANDARDS OTHERWISE ESTABLISHED FOR CONSTRUC- TION, REPLACEMENT OR REPAIR OF BUILDINGS EXCEPT SUCH AS ARE LESS RESTRICTIVE THAN THE PROVISIONS OF THIS CODE. (3) THIS CODE SHALL COVER ALL UNSAFE BUILDINGS WHETHER VACANT OR USED FOR HUMAN HABITATION, OR USED FOR SOME OTHER PURPOSE. B. 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 BUILDINGS OR STRUCTURES. C. THE PROVISIONS OF THIS CODE SHALL APPLY TO ANY BUILDING OR STRUCTURE IRRESPECTIVE OF WHEN SUCH BUILDING OR STRUCTURE WAS CONSTRUCTED, ALTERED OR REPAIRED. D. 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. E. 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. SECTION 11 -15. ADOPTION OF CHAPTERS II AND III, SOUTHERN STANDARD HOUSING COIF, 1969 FDITION AS HEREIN AWNDED. A. CHAPTERS II AND III, AS AMENDED HEREIN, OF THE BOOK ENTITLED, SOUTHERN STANDARD HOUSING CODE, 1969 EDITION, (A COPY OF WHICH, AUTHENTICATED -2- 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 PART OF THE BUILDING AND HOUSING STANDARD CODE OF THE CITY OF CORPUS CHRISTI, TEXAS, AS FULLY AS IF COPIED AT LENGTH IN THIS ORDINANCE; THE PURPOSE OF SUCH ADOPTION AND INCORPORATION OF CHAPTERS 11 AND OF SAID BOOK IN THIS ORDINANCE BEING TO MAKE THE DEFINITIONS IN CHAPTER II APPLY TO ALL BUILDINGS AS DEFINED IN SAID CHAPTER AND TO MAKE CHAPTER 111 THEREIN RELATING TO MINIMUM STANDARDS APPLICABLE TO DWELLINGS AND APARTMENTS OR BUILDINGS OR STRUCTURES USED AS SUCH. SECTION 302 — MINIMUM REQUIREMENTS FOR LIGHT AND VENTILATION, IS AMENDED BY ADDING TO SUBSECTION 302.4, ELECTRICAL LIGHTS AND OUTLETS REQUIRED, A LAST SENTENCE READING,AS FOLLOWS: "LIGHTS IN THE KITCHEN AND BATHROOM SHALL BE CONTROLLED WITH PROPER WALL SWITCHES." SECTION 304 — GENERAL REQUIREMENTS FOR EXTERIOR AND INTERIOR OF STRUCTURES. THE FOLLOWING PHRASE SHALL BE ADDED AFTER ALL CLAUSES WHERE "DWELLING BUILDING" APPEARS: "AND/OR ANY OTHER STRUCTURE." SECTION 304.2 — EXTERIOR WALLS "THE EXTERIOR WALLS SHALL BE SUBSTANTIALLY WEATHERTIGHT, WATER- TIGHT, AND IMPERVIOUS TO THE ADVERSE EFFECT OF WEATHER AND BE MAINTAINED TO A THE EXTENT THAT THE MATERIAL IS IN SOUND CONDITION. WHERE THE BUILDING OR PART THEREOF IS OF PIER CONSTRUCTION, THE SIDING SHALL BE A MINIMUM OF SIX INCHES (C ") ABOVE GRADE." THAT SECTION N 4.16, INTERIOR FLOOR, WALLS, AND CEILINGS, BE AND THE SAME IS HEREBY, AMENDED TO HEREAFTER READ AS FOLLOWS: "EVERY FLOOR, INTERIOR WALL AND CEILING SHALL BE SUBSTANTIALLY RODENT PROOF; SHALL BE MAINTAINED IN SOUND CONDITION AND GOOD REPAIR; AND SHALL BE IN A CONDITION SAFE TO USE AND CAPABLE OF SUPPORTING THE LOAD UNDER NORMAL USE. BATHROOM FLOOR AND WALLS AROUND TUB AND SHOWER SHALL HAVE A b'ATER— RESISTANT = UP.FACE." -3- SECTION 304 IS HEREBY AMENDED BY ADDING A NEW SUBSECTION: "SECTION 309.19 - KITHCHEN REQUIREMENTS. EACH LIVING UNIT SHALL HAVE A SPECIFIC KITCHEN SPACE WHICH CON- TAINS A SINK WITH COUNTER WORK SPACE, NOT LESS THAN 30 SQ. FT. OF SHELVING FOR STORING DISHES AND COOKING UTENSILS1 AND SPACE FOR COOKING AND REFRIGERA- TION EQUIPMENT." SECTION 308.2 AND SECTION 30$.3 ARE HEREBY DELETED. SECTION 11 -16. ESTABLISHMENT OF ORGANIZATION TO ENFORCE ARTICLE; 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) A BUILDING STANDARDS AND HOUSING BOARD OF APPEALS AND (2) THE OFFICE OF THE OFFICIAL AND/OR HIS DULY AUTHORIZED REPRESENTATIVE. ' (1) BUILDING STANDARDS AND HOUSING BOARD OF APPEALS. (A) THERE IS HEREBY CREATED A BUILDING STANDARDS AND HOUSING BOARD OF APPEALS HEREINAFTER REFERRED TO AS "THE BOARD" TO BE COMPOSED OF SEVEN MEMBERS, EACH OF WHOM SHALL BE A RESIDENT OF THE CITY. SUCH BOARD SHALL BE COMPOSED OF ONE LAWYER, A MEMBER OF THE CLERGY, THREE MEMBERS CHOSEN FROM THE FOLLOWING; A REALTOR, AN ARCHITECT, AN ENGINEERS A GENERAL CONTRACTOR, A HOME BUILDER OR A BUILDING MATERIALS DEALER; AND TWO MEMBERS A AT LARGE FROM THE RESIDENTS OF THE CITY WHO ARE HOMEOWNERS. THIS BOARD SHALL BE APPOINTED BY THE CITY COUNCIL. (B) OF THE MEMBERS FIRST APPOINTEO,THREE SHALL BE APPOINTED FOR A TERM OF ONE YEARS TWO FOR A TERM OF TWO YEARS, TWO FOR A TERM OF THREE YEARS 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. (C) 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 OFFICIAL�AFFIRMATIVE VOTES OF THE MAJORITY PRESENT, BUT NOT LESS THAN FOUR AFFIRMATIVE VOTES SHALL BE REQUIRED. NO BOARD MEMBER SHALL ACT IN A CASE IN WHICH HE HAS A PERSONAL INTEREST. -4- A (D) THE BOARD SHALL ESTABLISH RULES AND REGULATIONS FOR ITS OWN PROCEDURES 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. (E) THERE IS HEREBY CREATED THE OFFICE OF THE OFFICIAL AND THE HOLDER OF SAID OFFICE WILL BE THE DIRECTOR OF NEIGHBORHOOD IMPROVEMENT OR SUCH OTHER CITY OFFICER OR EMPLOYEE AS THE CITY MANAGER MAY DESIGNATE IN WRITING AND FILED IN THE OFFICE OF THE CITY SECRETARY. B. NO EMPLOYEE CONNECTED WITH THE ORGANIZATION SHALL BE FINAN- CIALLY INTERESTED IN THE FURNISHING OF LABORS MATERIAL OR APPLIANCES 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 SPECIFICATIONS THEREFOR. NO SUCH OFFICER OR EMPLOYEE SHALL ENGAGE IN ANY WORK WHICH IS INCONSISTENT WITH HIS DUTIES OR WITH THE INTERESTS OF THE ORGANIZATION. SECTION 11 -17. POWERS AND DUTIES OF OFFICIAL. A. THE OFFICIAL SHALL KEEP OR CAUSE TO BE KEPT A RECORD OF THE BUSINESS OF THIS OFFICE. THE RECORDS OF THE OFFICE OF THE OFFICIAL SHALL BE OPEN TO PUBLIC INSPECTION. B. THE OFFICIAL SHALL ENFORCE THE PROVISIONS OF THIS CODE. HE SHALL MAKE OR CAUSE TO BE MADE, INSPECTIONS TO DETERMINE THE CONDITION OF THE BUILDINGS, DWELLINGS DWELLING UNITSI ROOMING UNITS AND PREMISES IN THE INTEREST OF SAFEGUARDING THE HEALTH AND SAFETY OF THE OCCUPANTS OF DWELLINGS THE NEIGHBORHOOD, AND OF THE GENERAL PUBLIC. FOR THE PURPOSE OF MAKING SUCH INSPECTION THE OFFICIAL OR HIS AGENT SHALL HAVE THE*AUTHORITYS UPON PRESENTATION OF PROPER IDENTIFICATION TO THE OWNER, AGENT OR PERSON IN CHARGE OF THE PROPERTY, TO REQUEST PERMISSION TO ENTER THE BUILDING, STRUCTURE, DWELLING, APARTMENT, APARTMENT HOUSE OR PREMISES' DURING ALL REASONABLE HOURS. IN CASES OF EMERGENCY WHERE EXTREME HAZARDS ARE KNOWN TO EXIST WHICH MAY INVOLVE TkE POTENTIAL LOSS OF LIFE OR SEVERE PROPERTY DAMAGE, NO REQUEST IS NECESSARY. IN EITHER OF EACH CASE ENTRY MAY BE RE- QUESTED AT ANY REASONABLE TIME. IN THE EVENT OF REFUSAL, HE SHALL USE ANY LAWFUL MEANS TO OBTAIN ENTRY AND INSPECT THE PREMISES. -5- C. IF A BUILDING, PREMISES OR PROPERTY IS UNOCCUPIED VACANT, OR OTHERWISE UNINHABITED BY HUMANS, BUT WHICH IS OTHERWISE OPEN AND MAY BE ENTERED BY DERELICTS VAGRANTS OR CHILDREN, THE OFFICIAL SHALL HAVE THE SAME POWER OF INSPECTION AS AFOREMENTIONED, INCLUDING THE RIGHT OF INSPEC- TION WITHOUT REQUESTING PERMISSION OF THE OWNER OR OTHER PERSON IN CHARGE AND IF FOUND TO BE IN VIOLATION OF THIS CODES MAY PLACARD IT SO AS TO PRE- VENT ANY OCCUPANCY OF THE BUILDINGS PREMISES OR PROPERTY FOR HUMAN USE OR HABITATION, OR ANY OTHER USE. D. IT SHALL BE THE DUTY OF THE OFFICIAL OR HIS DESIGNATED REPRE- SENTATIVE 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. E. ANY REQUIREMENTS 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 OFFICIAL SUBJECT TO APPEAL TO THE BUILDING STANDARDS AND HOUSING BOARD OF APPEALS. F. NEITHER THE CITY NOR ANY AUTHORIZED AGENT ACTING UNDER THE TERMS OF THIS ARTICLE 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 ARTICLE. A SECTION 11 -18. 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 NOT IN CONFORMITY WITH THIS CODE. B. ALL BUILDINGS OR STRUCTURES 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. C. 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 IN FIRE TO THE EXTENT THAT THE ROOFS WINDOWS AND DOORS OR PORTIONS OF THE BUILDING OR STRUCTURE WHICH PROTECT FROM THE WEATHER WILL NO LONGER PRO- TECT FROM THE WEATHER. D. 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. E. ALL BUILDINGS OR STRUCTURES WHICH ARE SO STRUCTURALLY DETERI- ORATED THAT THEY ARE IN DANGER OF COLLAPSE OR WHICH CANNOT BE EXPECTED TO WITHSTAND WINDS OF HURRICANE FORCE. F: 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 INCLUDING SUCH CONDITIONS HAZARDOUS TO SAFETY AS INADEQUATE BRACING OR THE USE OF DETERIORATED MATERIALS. G. ALL BUILDINGS OR STRUCTURES, WHETHER OR NOT IN USE, WHICH ARE UNSAFE UNSANITARY UNFIT FOR HUMAN HABITATION, OR NOT PROVIDED WITH ADE- QUATE EGRESS, OR WHICH CONSTITUTE A FIRE HAZARD, OR ARE OTHERWISE DANGEROUS TO HUMAN LIFE, OR WHICH IN RELATION TO THE EXISTING USE CONSTITUTE A HAZARD TO SAFETY OR HEALTH BY REASON OF INADEQUATE MAINTENANCE, DELAPIDATION, A OBSOLESCENCE OR ABANDONMENT ARE UNSAFE BUILDINGS. ALL SUCH UNSAFE BUILD -' INGS. ALL SUCH UNSAFE BUILDINGS ARE HEREBY DECLARED ILLEGAL AND SHALL BE ABATED BY REPAIR AND REHABILITATION OR BY DEMOLITION IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN THIS CODE. SECTION 11 -19. PROCEDURE FOR ELIMINATING SUBSTANDARD CONDITIONS: A. NOTIFICATION. WHENEVER THE OFFICIAL DETERMINES THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THERE HAS BEEN A VIOLATION OF ANY PROVI- SION OF THIS CODES OR OF ANY RULE OR REGULATION CONCERNING HEALTH, SAFETY OR GENERAL WELFARE, ADOPTED BY THE CITY OF CORPUS CHRISTI, HE SHALL GIVE NOTICE OF SUCH ALLEGED VIOLATION TO THE OWNER AND INFORM HIM THAT THE EXISTENCE OR THE CONTINUATION OF SUCH ALLEGED VIOLATIONS SHALL CONSTITUTE A NUISANCE. SUCH NOTICE SHALL: -7- (1) BE PUT IN WRITINGS STATING IN DETAIL THE DEFECTS TO BE CORRECTED BY MAKING APPROPRIATE REFERENCE TO THE PERTINENT CODES STATUTES OR ORDINANCES SO VIOLATED; (Z) SAID NOTICE SHALL FURTHER STATE THAT IF SUCH ELIMINATION OF DEFECTS, REPAIRS, RECONSTRUCTION, ALTERATIONS REMOVAL, CLEANING UPS OR DEMOLITION ARE NOT VOLUNTARILY COMPLETED WITHIN THE STATED TIME SET FORTH IN THE NOTICES THE OFFICIAL SHALL INSTITUTE SUCH PROCEEDING AS SET FORTH IN THIS CODE; (3) SAID NOTICE SHALL ALSO STATE THAT THE OWNER IN THE ALTERNATIVE -SHALL COME FORTH BEFORE THE BOARD AND SHOW CAUSE WHY REPAIRS SHOULD NOT BE MADE; ORDERS REQUESTS AND DIRECTIVES MADE BY THE OFFICIAL SHOULD NOT BE COMPLIED WITH AND /OR THE BUILDING, STRUCTURE OR SUBSTRUCTURE UNLESS REPAIRED OR REHABILITATED SHOULD NOT BE DEMOLISHED AND REMOVED FROM THE PREMISES; AND THE PREMISES CLEANED. (4) SERVICE OF NOTICE SHALL BE ACCOMPLISHED BY ANY OF THE FOLLOWING ENUMERATED METHODS; (A) BY DELIVERY TO THE OWNER OR BY LEAVING THE NOTICE AT THE USUAL PLACE OF ABODE OF THE OWNER WITH A PERSON OF SUITABLE AGE AND DISCRETION; (B) BY DEPOSITING THE NOTICE IN THE UNITED STATES POST OFFICE BY CERTIFIED MAID RETURN RECEIPT REQUESTED, ADDRESSED TO THE OWNER AGENT OR PERSON IN CONTROL OF SAID BUILDING OR STRUCTURE AT HIS LAST KNOWN ADDRESS, POSTAGE PREPAID THEREON; (C) WHERE THE OWNER IS UNKNOWN OR HIS WHEREABOUTS ARE UNKNOWN, BY AN OFFICIAL NOTICE IN A GENERALLY CIRCULATED AND RECOGNIZED CORPUS CHRISTI NEWSPAPER, TO BE PUBLISHED TWICE WITHIN A TEN (10) DAY PERIOD. B. PROVISION FOR EMERGENCY. WHEN A BUILDING OR STRUCTURE OR THE MANNER OF ITS USE CONSTITUTES AN IMMEDIATE AND SERIOUS DANGER TO LIFE AND PROPERTY; EMERGENCY MFASURFS AS SGT FORTH IN THE 1`31-11LDIN11 COPC OF THE CITY OF CORPUS CHRISTI ARE TO TAKE EFFECT. 0 C. ISSUANCE OF PERMITS - SUBSTANDARD BUILDINGS. THE FOLLOWING PROVISIONS SET FORTH CONDITIONS AND REGULATIONS TO GOVERN ISSUANCE OF PER- MITS FOR REPAIRS TO EXISTING BUILDINGS. (1) WHERE IT IS WITHIN THE KNOWLEDGE OF THE PERMIT OFFICER OF THE CITY OR HE SUSPECTS THAT A BUILDING FOR WHICH A PERMIT IS SOUGHT 1S SUBSTANDARD, AN INSPECTION BY THE OFFICIAL SHALL BE REQUESTED BY HIM AND OBTAINED BEFORE THE ISSUANCE OF THE PERMIT. _ (2) IF THE COST OF ALTERATIONS OR REPAIRS TO MAKE A BUILD- ING CONFORM TO THE MINIMUM REQUIREMENTS OF THIS CODE AS DETERMINED BY THE OFFICIAL IS-IN EXCESS OF 50% OF THE PHYSICAL VALUE AS OF THE MOMENT BEFORE' SUCH REPAIRS OR ALTERATIONS ARE PROPOSED OR COMMENCED TO AN EXISTING BUILD- ING, SUCH BUILDING SHALL BE MADE TO CONFORM TO ALL OF THE REQUIREMENTS OF THE BUILDING CODE, APPLICABLE TO NEW BUILDINGS AND INCLUDING THOSE PERTI- NENT ZONING REQUIREMENTS. (3) IF AN EXISTING BUILDING IS DAMAGED BY A FIRE OR OTHER- WISE TO THE EXTENT THAT THE COST OF REPAIR OR RESTORATION IS IN EXCESS OF FIFTY PERCENT (50%) OF ITS THEN PHYSICAL VALUE BEFORE SUCH DAMAGE IS RE- PAIRED, THE BUILDING SHALL BE MADE TO CONFORM TO THE REQUIREMENTS OF THE BUILDING CODE FOR NEW BUILDINGS. (4) IF A BUILDING IS ALTERED OR REPAIRED FOR OTHER CAUSES A OR DAMAGED BY FIRE OR ACCIDENT AND THE COST OF SUCH ALTERATIONS OR REPAIRS OR THE AMOUNT OF SUCH DAMAGE 15 MORE THAN TWENTY -FIVE PERCENT (25%), BUT NOT MORE THAN FIFTY PERCENT (50%) OF THE PHYSICAL VALUE OF THE BUILDING, THE PORTIONS TO BE ALTERED OR REPAIRED SHALL BE MADE TO CONFORM TO THE REQUIREMENTS OF THE BUILDING CODE FOR NEW BUILDINGS AND TO SUCH EXTENT AS THE HOLDER OF THE OFFICE OF OFFICIAL MAY DETERMINE. (5) REPAIRS AND ALTERATIONS NOT COVERED IN THE PRECEDING PARAGRAPHS OF THIS SECTION, RESTORING A BUILDING TO ITS CONDITION PREVIOUS TO DAMAGE OR DETERIORATIONS OR ALTERING IT IN CONFORMITY WITH THE PROVI- SIGNS Or ,,.E BUILDING CODE OR 1,. SUGH MANNCR A5 WILL NOT EXTEND OR INC -EASE AN EXISTING NONCONFORMITY OR HAZARD, MAY BE MADE WITH THE SAME KIND OF MATERIALS AS THOSE OF WHICH THE BUILDING IS CONSTRUCTED. °9° (6) THE TERM "THEN PHYSICAL VALUE" MEANS AS TO PROPERTY DAMAGE BY FIRE OR ACCIDENT OR OTHER SUDDEN CAUSE, THE PHYSICAL VALUE OF THE BUILDING IMMEDIATELY BEFORE THE FIRE, ACCIDENT OR OTHER SUDDEN CAUSE. AS TO DETERIORATION OR DAMAGE OTHER THAN FIRES ACCIDENT OR OTHER SUDDEN CAUSE, THE TERM "THEN PHYSICAL VALUE" SHALL MEAN THE VALUE AS OF THE DATE NOTICE WAS GIVEN AS PER THE PROVISIONS OF THIS CODE. FOR THE PURPOSE OF THIS CODE THE "PHYSICAL VALUE" OR THE "THEN PHYSICAL VALUE" OF A BUILDING OR STRUCTURE AS HEREINAFTER DEFINED SHALL BE DETERMINED BY THE OFFICIAL. D. AUTHORITY OF CITY TO DEMOLISH AND ATTACH LIEN. 1: THE FOLLOWING MEASURES SHALL BE TAKEN BY THE OFFICIAL IN ORDERING REPAIR, VACATION OR DEMOLITION: (A) IF THE SUBSTANDARD BUILDING OR STRUCTURE CAN REASONABLY BE REPAIRED SO THAT IT WILL NO LONGER BE IN A CONDITION WHICH 15 IN VIOLA- TION OF THE TERMS OF THIS CODES IT SHALL BE ORDERED REPAIRED. (B) IF THE SUBSTANDARD BUILDING OR STRUCTURE IS SO DAMAGED DECAYED DELAPIDATED, UNSANITARY, UNSAFE OR VERMIN INFESTED, THAT IT CREATES A SERIOUS HAZARD TO THE HEALTH OR SAFETY OF THE OCCUPANTS OR OF THE PUBLIC OR LACKS ILLUMINATION, VENTILATION, OR SANITATION FACILITIES ADEQUATE TO PROTECT THE HEALTH OR SAFETY OF THE OCCUPANT OR THE PUBLIC, IT SHALL BE ORDERED TO BE VACATED AND SHALL BE PLACARDED TO PREVENT OCCUPANCY UNTIL THE BUILDING OR STRUCTURE IS BROUGHT UP TO ALL MINIMUM STANDARDS OF THIS CODE. (C) IF THE BUILDING CANNOT BE REPAIRED OR IS NOT REPAIRED SO THAT ITS EXISTENCE WILL NO LONGER BE A VIOLATION OF THE TERMS OF THIS CODE, IT SHALL BE DEMOLISHED AND REMOVED FROM THE PREMISES. Z. ATTACHMENT OF LIENS. UPON RECEIPT OF NOTICE AS PROVIDED HEREIN FROM THE OFFICIAL TO EITHER CLEAN, REMOVE, DEMOLISH OR REHABILITATE ANY BUILDING OR STRUCTURE OR TO REMOVE ANY OBJECTIONABLEo UNSIGHTLY OR UNSANITARY MATTER, OF WHATEVER NATURE, AND IF SUCH OWNER FAILS OR REFUSES TO COMPLY WITH THE PROVISIONS OF THE NOTICE WITHIN THIRTY (30) DAYS UPON RECEIPT THEREOF, OR SUCH EXTENSION OF TIME AUTHORIZED BY THE OFFICIAL IN _10_ WRITING, THE CITY OF CORPUS CHRISTI MAY DEMOLISH SUCH BUILDING AND STRUC- TURE AND CLEAN UP THE PREMISES AND REMOVE ALL RELATED DEBRIS BY DOING THE WORK ITSELF OR CAUSE THE WORK TO BE DONE AND PAY THEREFOR, AND CHARGE THE EXPENSES INCURRED IN DOING OR HAVING SUCH WORK DONE TO THE OWNER OF SUCH PROPERTY AS HEREIN PROVIDED. THE CITY OF CORPUS CHRISTI, IN ADDITION TO THE FOREGOING REMEDY, HAS THE POWER TO CAUSE THE EXPENSE THEREOF TO BE ASSESSED ON THE REAL ESTATE OR THE LOT OR LOTS UPON WHICH SUCH EXPENSE IS INCURRED ON FILING WITH THE COUNTY CLERK OF NUECES COUNTY A STATEMENT BY THE MAYOR, CITY HEALTH OFFICER OR THE OFFICIAL OF THE CITY OF CORPUS CHRISTI OF-SUCH EXPENSES. THE CITY OF CORPUS CHRISTI SHALL HAVE A PRIVI- LEGED LIEN THEREON, SECOND ONLY TO TAX LIENS AND LIENS FOR STREET IMPROVE- MENTS TO SECURE THE EXPENDITURES SO MADE AND TEN PERCENT (1O4) INTEREST ON THE AMOUNT FROM THE DATE OF SUCH PAYMENT. FOR SUCH EXPENDITURES AND INTEREST, AS AFORESAID SUIT MAY BE INSTITUTED, AND RECOVERY AND FORECLOSURE OF SUCH LIEN MAY BE HAD IN THE NAME OF THE CITY OF CORPUS CHRISTI AND THE STATE- MENT OF EXPENSES SO MADE, AS AFORESAID] OR A CERTIFIED COPY THEREOF SHALL BE PRIMA FACIE PROOF OF THE AMOUNT EXPENDED IN SUCH WORK TO CLEAN THE PRE- MISES AND/OR DEMOLISH THE BUILDING, AND/OR REMOVING OF ANY AND ALL UNWHOLE- SOME OR UNSIGHTLY MATTER. THE CITY OF CORPUS CHRISTI MAY PUNISH ANY OWNER OR OCCUPANT OR A INTERESTED PARTY FOR VIOLATING THE PROVISIONS.OF THIS CODE, ORDINANCES AND REGULATIONS OF THE CITY OF CORPUS CHRISTI BY SUCH PROCEEDINGS AND PENALTIES AS ARE PROVIDED FOR CRIMINAL ACTIONS. SECTION 11 -20. HARDSHIPS i4HERE THE LITERAL APPLICATION OF THE REQUIREMENTS OF THIS CODE WOULD CAUSE UNDUE HARDSHIP, AN EXCEPTION MAY BE GRANTED BY THE 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 MANNER AS TO ACHIEVE THAT FND, SIKH CONDITIONS MAY INCLUDE RESTRICTIONS NOT GENERALLY SPECIFIED BY THIS ARTICLE. THIS SECTION SHALL APPLY TO BUILDINGS IN EXISTENCE AT THE DATE OF THE PASSAGE OF THIS ARTICLE ONLY. EXCEPTIONS GRANTED IN ACCORDANCE WITH THE TERMS OF THIS SECTION SHALL BE SUBJECT TO REVIEW BY THE BOARD. SECTION 11 -20A. APPEALS. 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 OFFICIAL OR HIS DULY AUTHOR- IZED REPRESENTATIVE IS ERRONEOUS, OR THAT THE APPLICATION OF THE CODE WOULD CAUSE UNDUE HARDSHIP, THE OWNER OR OCCUPANT OR HIS DULY AUTHORIZED AGENT MAY APPEAL FROM THE DECISION OF THE OFFICIAL TO THE BOARD. B. NOTICE OF APPEAL SHALL BE IN WRITING AND FILED WITHIN FIFTEEN (15) DAYS AFTER THE GIVING OF THE NOTICE AS REQUIRED BY THIS ARTICLE OF THE DECISION RENDERED BY THE OFFICIAL. APPEALS HEREUNDER SHALL BE ON FORMS APPROVED BY THE BOARD AND PROVIDED BY THE OFFICIAL. THE APPEAL SHALL STATE WHY THE ORDERS, REQUESTS AND DIRECTIVES MADE BY THE OFFICIAL SHOULD NOT BE COMPLIED WITH AND /OR THE BUILDING, STRUCTURE OR SUBSTRUCTURE CANNOT BE RE- PAIRED OR REHABILITATED AND/OR WHY THE'SAID BUILDING OR BUILDINGS SHOULD NOT BE DEMOLISHED, REMOVED AND THE PREMISES CLEARED AND CLEANED. C. WHEN PENDING APPEAL, ALL ORDERS SHALL BE SUSPENDED IN THEIR OPERATION. D. THE BOARD, WHEN SO APPEALED TO AND AFTER A HEARING, MAY VARY THE APPLICATION OF ANY PROVISION OF THIS CODE.TO ANY PARTICULAR CASE WHEN, IN ITS OPINION, THE ENFORCEMENT THEREOF WOULD DO MANIFEST INJUSTICE AND WOULD BE CONTRARY TO THE SPIRIT AND PURPOSE OF THIS CODE OR PUBLIC INTEREST OR WHEN, IN ITS OPINION, THE INTERPRETATION OF THE OFFICIAL SHOULD BE MODI- FIED OR REVERSED. (1) A DECISION OF THE BOARD TO VARY THE APPLICATION OF ANY PROVISION OF THIS CODE OR TO MODIFY AN ORDER OF THE 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. (2) IF A DECISION OF THE BOARD REVERSES OR MODIFIES A REFUSAL, ORDER OR DISALLOWANCE OF THE OFFICIAL OR VARIES THE APPLICATION OF ANY PROVISION OF THIS CODE, THE OFFICIAL SHALL IMMEDIATELY TAKE ACTION IN ACCORDANCE WITH SUCH DECISION. -12- E. THE BOARD MAY RENDER A DECISION ON ANY PART OF THE MATTERS INVOLVED IN THE ORDER RENDERED BY THE OFFICIAL WHICH HAD BEEN APPEALED TO THE BOARDS RESERVING ITS DECISION ON OTHER MATTERS TO A HEARING AT A LATER DATE. F. THE DECISION OF THE BOARD SHALL BE IN WRITING AND SHALL INDI- CATE THE VOTE UPON IT. EVERY DECISION SHALL BE PROMPTLY FILED IN THE OFFICE OF THE OFFICIAL AND SHALL BE OPEN TO PUBLIC INSPECTION; 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 OFFICIAL FOR TWO WEEKS AFTER FILING. G. THE BOARD SHALL IN EVERY CASE REACH A DECISION WITHOUT UN- REASONABLE OR UNNECESSARY DELAY. H. EVERY DECISION OF THE BOARD SHALL BE FINAL UNLESS AN APPEAL TO THE CITY COUNCIL BE TAKEN AS HEREINAFTER PROVIDED. AN APPEAL TO THE CITY COUNCIL SHALL BE WRITTEN AND FILED WITH THE CITY SECRETARY AND THE OFFICIAL WITHIN TEN (10) DAYS FROM THE DATE OF THE MAILING OF THE DECISION OF THE BOARD, AND THE CITY COUNCIL SHALL HOLD A PUBLIC HEARING AND RENDER ITS DECISION AFFIRMING, MODIFYING OR OVERRULING THE DECISION OF THE BOARD. THE DECISION OF THE CITY COUNCIL SHALL BE FINAL UNLESS THE AGGRIEVED PARTY APPEALS BY INSTITUTING SUIT FOR THAT PURPOSE IN ANY COURT HAVING JURIS- DICTION WITHIN FIFTEEN (15) DAYS FROM THE TIME OF THE DECISION OF THE CITY COUNCIL WAS RENDERED. IF THE OWNER OR INTERESTED PARTY OR ANYONE FAILS TO INSTITUTE SUCH A SUIT WITHIN SUCH TIME, IT SHALL BE HELD TO HAVE WAIVED EVERY MATTER WHICH IT COULD HAVE TAKEN ADVANTAGE OF AT SUCH HEARING, AND SHALL BE BARRED AND ESTOPPED FROM IN ANY MANNER CONTESTING OR QUESTIONING THE ACCURACY, VALIDITY1 REGULARITY, AND THE SUFFICIENCY OF THE DECISION AND THE PROCEEDINGS THEREIN. SECTION 11 -20C. PENALTY. ANY PERSON WHO SHALL WILFULLY REFUSE OR FAIL TO LEAVE A BUILDING WHICH HAS DEEM ORDERED VACATED UNDER THE TERMS OF THIS ARTICLE OR WHO SHALL ENTER A BUILDING WHICH HAS BEEN ORDERED VACATED UNDER THE TERMS OF THIS -t3- ARTICLE OR WHO SHALL ENTER AN AREA AROUND SUCH BUILDING THAT HAS BEEN DE- CLARED TO BE DANGEROUS AND NOTICE OF WHICH DECLARATION SHALL HAVE BEEN POSTED OR ANY PERSON WHO SHALL INTERFERE WITH OR HINDER THE VACATION, REPAIR OR DEMOLITION OF ANY BUILDING UNDER THE TERMS OF THIS ARTICLE OR WHO SHALL PROCURE THE VIOLATION OF ANY PROVISION OF THIS ARTICLE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT EXCEEDING TWO HUNDRED AND N0/100 ($200.00) DOLLARS, AND EACH AND EVERY DAYS VIOLATION SHALL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE. IN CASE THE OWNER OR OCCUPANT OF ANY SUBSTANDARD BUILDING ORDERED VACATED REPAIRED OR'DEMOLISHED UNDER THE TERMS OF THIS ARTICLE SHALL BE A CORPORA- TION AND SHALL VIOLATE OR SHALL PROCURE THE VIOLATION OF ANY PROVISION OF THIS ARTICLE, THE PRESIDENT, VICE - PRESIDENTS SECRETARY OR TREASURER OF SUCH CORPORATION SHALL BE SEVERALLY LIABLE FOR THE PENALTIES THEREIN PROVIDED. A That the foregoing ordinance was xpad for the fir time and paagbd to its second reading on this the day of 19 /6 , by the following vote: Jack R. Blackmon Gabe Lozano, Jr. V. A. "Dick" Bradley, Jr. tZ Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore That the foregoing ordinan was read f the se and time and 'passed to its third reading on this the day of , 19 _Z6 by the following vote: Jack R. Blackman Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore That the foregoing ordinan was finally on this the day of vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Robert Ronnie Sizemore PASSED AND APPROVED, this the ATTE Ci Secret ry MAY APPROVED AS TO GAL FORM THIS THE L./ DAY OF , 19w: ZT0 Attorney he third time and passed 191,_, by the following CITY OF CORPUS CHRISTI, TEXAS PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. Before me, the undersigned, a Notary Public, this day personally came.......__ ...1slancL.-G—Blarr q -S who being first duly sworn, according to law, says that be is the —91a4Psi-ALed of the Corpus Christi Caner and The Corpus Un-lati Times, Daffy Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of Notice- -.-- NOTICE OF-1-A-53AGE OF ORDINANCE NO 9811 of which the annexed is a true copy, was published in on the-2.7— day of ------- ---- luna 19-7.0_ — - - ------ A-10 e. O—d,. MZgV,� Lel n G. Barnes l ..— Subscribed and sworn to before me of--july . . . ............ 19.7a Louise Vick �N-Gj-P;iblic, Rueces County, Texas