HomeMy WebLinkAbout13546 ORD - 01/05/1977JKH:vp:l /5/77:lst
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
1976 REVISION, BY AMENDING CHAPTER 13, ARTICLE II, SO AS
TO RENAME THE ENFORCEMENT ORGANIZATION TO "BUILDING
STANDARDS BOARD" AND TO PROVIDE FOR A HEARING AS PRE-
SCRIBED BY STATE LAW, AS MORE FULLY SET OUT IN THE ORDI-
NANCE; REPEALING ALL ORDINANCES AND /OR PARTS OF ORDINANCES
IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the Code of Ordinances, City of Corpus Christi,
1976 Revision, be and the same is hereby amended by amending Chapter 13,
Article II, in the following particulars:
A. Section 13 -23 shall hereafter be titled "Establish-
ment of organization to enforce article; building
standards Board" and wherever the title "Building
Standards and Housing Board of Appeals" appears in
this Section, the title "Building Standards Board"
shall be substituted.
B. Section 13 -23(a) (1) (iii) shall hereafter read as
follows:
"(iii) Four members of the Board shall constitute a quorum.
In varying the application of any provisions of this code or
in making any decision, 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."
C. Section 13 -23(a) (1) (iv) shall hereafter read as follows:
"(iv) 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, and shall meet for such hearings
as are required to be held upon complaints filed by the Official
and for such hearings as are requested in writing by a citizen
whose property is, or may be, affected adversely by the appli-
cation of any provisions of this ordinance."
D.' Section 13 -24(e) shall hereafter read as follows:
"(e) Any requirement not specifically covered by this code,
found necessary for the safety, lth and general welfare of
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13546 JON 3 0 -1980
the occupants of any building or structure shall be determined
by the Official, subject to appeal to the Building Standards
Board."
E. Section 13 -26 shall hereafter read as follows:
"(A) Notification of violation: Whenever the Official
determines that there are reasonable grounds to believe that
there has been or continues to be a violation of any provision
of this code or of any rule or regulation concerning the health,
safety, or general welfare adopted by the City of Corpus Christi
as it relates to structures or premises, he shall give notice
of such alleged violation to the owner of the property as per
subsection (C) below. Such notice shall:
(1) Be in writing.
(2) State the nature of the violation or violations.
(3) State the provision or provisions of this code or any
other relevant code of the City of Corpus Christi that
is being violated.
(4) State the penalty and penalty provision of this Code or
any other relevant Code of the City of Corpus Christi.
(5) State that the Official will take further action pursuant
to the Building Standards Code if the violation is not
cured within thirty (30) days of receipt of the notice
specified in this subsection.
(B) Notification of hearing: Whenever the owner, after
notification as per subsection (A), informs the Official that
he refuses to voluntarily comply with the requirements of this
code or to voluntarily cure the defect or defects brought to
c
his attention by the Official, or whenever the alleged viola-
tion or violations are not cured within thirty (30) days of
receipt of the notice described in subsection (A), or within
such further time as may be agreed between the Official and
the owner or occupant, or whenever the notice pursuant to
subsection (A) is given as per subsection (C) (3) and thirty
(30) days have elapsed from the date of first publication, the
Official may proceed to enforce the penalty provision of this
ordinance in Municipal Court and, alternatively or additionally,
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the Official shall present a complaint to the Building
Standards Board. The Board shall hold a hearing upon the
complaint not less than ten (10) days nor more than forty -
five (45) days after the complaint is filed with the Chairman,
and the Official shall give reasonable notice of at least
ten (10) days, as per subsection (C) below, of said hearing,
to the owner, and, if the premises are to be vacated, to the
occupant, if different from the owner. Such notice shall:
(1) Be in writing.
(2) State the time, date, and place of the hearing.
(3) State the nature of the violation.
(4) State the provision of this code or of any other relevant
code that is being violated.
(5) State the remedy to be sought at the hearing by the
Official.
(6) State that the owner, or the occupant, if the premises
are to be vacated, shall come before the Board at the
hearing and show cause why the remedy to be sought by
the Official should not be granted.
(C) Method of notice: Service of any notice required by
this code shall be accomplished by any of the following enumerated
methods:
(1) By delivery to the owner or by leaving the notice at the
usual place of abode of the owner with a person of suit-
able age and discretion; or
(2) By depositing the notice in the United States Post Office
by certified mail, return receipt requested, addressed to
the owner, agent, or person in control of said structure
or premises at his last known address, postage prepaid
thereon; or
(3) Where the owner is unknown or his whereabouts is unknown,
or where service of notice has failed under (1) and (2),
by an official notice in a generally circulated and recog-
nized Corpus Christi newspaper, to be published twice
within a ten (10) day period.
(D) The provisions of subsection (B) do not ppreclude a
person who has received notice under subsection (A) from requesting
and receiving a hearing before the Board prior to, or instead of,
a complaint being filed by the Official. Said request shall be in
writing and directed to the Chairman of the Building Standards
Board. A hearing requested under this subsection shall be held as
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soon as possible and in any event no later than thirty (30) days
from date written request for hearing is received by the Chairman.
(E) Provision for emergency: Notwithstanding the foregoing
provisions of this section, when a structure or premises, or the
manner of its use constitutes an immediate and serious danger to
human life or health or to property, emergency measures may be
taken by the Official, as follows: He may promptly cause such
structure or premises to be made safe or removed. For this purpose,
he may at once enter such structure or premises, or abutting land
or structures, with such assistance and at such cost as he may deem
necessary in the circumstances. He may vacate adjacent structures
and protect the public by appropriate fence or such other means as
may be necessary, including boarding up of vacant buildings, and
for this purpose may close a public or private way.
(F) Building Code applicable: Where a structure or premises
is requested or ordered, after hearing, to be repaired pursuant to
this code, such repair, rehabilitation or restoration shall become
subject to the provisions of Ordinance No. 12604, known as "the
Building Code" as such provisions pertain to the repair of existing
buildings, including but not restricted to the requirement of obtain-
ing a permit from the Building Official under said Building Code.
(G) Hearings and orders:
(1) The following decisions may be made by the Building Standards
Board upon the hearing in ordering the repair, vacation, or
demolition of any building or structure:
(a) If the substandard building or structure can reasonably
be repaired so as to be in compliance with this code, it shall be
ordered repaired within thirty (30) days, or such longer time period
as the Board may decide in the circumstances. Such order must state
that the repairs be in compliance with Sec. 13 -26F.
(b) If the substandard building or structure is so damaged,
decayed, dilapidated, unsanitary, unsafe, or vermin - infested that
it creates a serious hazard to the health or safety of the occupants
or the public, it shall be ordered to be vacated within a prescribed
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time and shall be placarded to prevent occupancy until the building
or structure is brought up to all minimum standards of this code
within thirty (30) days or such longer time period as the Board
may decide in the circumstances at the hearing.
(c) If the structure or premises cannot be repaired because
of the refusal of owner or its intrinsic state of disrepair or both
and is dilapidated or substandard, it shall be ordered removed or
demolished and removed from the premises within thirty (30) days
or such longer time period as the Board may decide in the circum-
stances at the hearing. The Board's decision shall be in writing
and shall indicate the vote upon it. Every decision shall be promptly
filed in the office of the Official and shall be open to public
inspection; notice of their decision shall be sent as per Sec. 13 -26(C)
and a copy of said notice shall be kept posted in the office of the
Official for two weeks after filing. The Board shall in every case
reach a decision without unreasonable or unnecessary delay.
(2) If, after the decision of the Board as per (a) above, to
either repair, rehabilitate, remove or demolish any building or
structure, the owner refuses or fails to comply with the decision
of the Board within thirty (30) days of the date of the Board's
decision, or such longer time period as the Board may have allowed
at the hearing, or within such extension of time as may be authorized
by the Board in writing pursuant to Sec. 13 -27 below, the Official
may repair or demolish such building or structure and clean up the
premises and remove all related debris by doing the work itself or
causing the work to be done and pay therefor, and shall 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 of 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 lien thereon to secure the
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expenditure so made and ten per cent (10 %) interest on the amount
from the date of such payment. For such expenditures and interest,
as aforesaid, suit may be instituted in the name of the City of
Corpus Christi, and the statement of expenses so made, as aforesaid,
or a certified copy thereof, shall be prima facie proof of the amount
expended in such work.
The City of Corpus Christi may punish any owner or occupant or
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."
F. Section 13 -27 shall hereafter read as follows:
"Sec. 13 -27. Hardships. Where the literal application of
the requirements of this code would cause undue hardship,
exception may be granted by the Board at the hearing held. 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 end. Such conditions may include restrictions not gener-
ally specified by this code. Exceptions granted in accordance
with this subsection may be subject to review by the City
Council.
G. Section 13 -28 shall hereafter read as follows:
"Sec. 13 -28. Appeals.
(A) Whenever it is claimed that the decision of the Building
Standards Board is erroneous, or that the decision of the Board
would cause undue hardship, the owner or occupant, or his duly
authorized agent, may appeal from the decision of the Board to
the City Council. The decision of the Board is final unless
notice of appeal to the City Council is given. Notice of appeal
from the decision of the Board shall be in writing and filed with
the City Secretary within fifteen (15) days after the date of
written decision rendered by the Board. The appeal shall state
specifically the error alleged to have been committed by the
Board.
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(B) When an appeal is pending, all orders of the Board shall
be suspended in their operation. The City Council, on appeal,
may vary the application of any provision of this code to any
particular case when 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
decision of the Board should be modified or reversed.
(1) A decision of the City Council to vary the application of
any provision of this code or to modify an order of the
Board in whole or in part shall specify in what manner
such modification is made, the conditions upon which it is
made and the reasons therefor.
(2) If the decision of the City Council reverses or modifies
the refusal, order, or disallowance of the Board or varies
the application of any provision of this code, the Official
shall immediately take action in accordance with such
decision.
(C) The decision of the City Council shall be final unless
the aggrieved party appeals by instituting suit for that purpose
in any court having jurisdiction within fifteen (15) days from
the date on which the decision of the City Council was rendered."
SECTION 2. All ordinances or parts of ordinances in conflict here-
with shall be and are hereby repealed to the extent of such conflict.
SECTION 3. If for any reason any section, paragraph, subdivision,
clause, phrase, word, or provision of this ordinance shall be held invalid
or unconstitutional by final judgment of a court of competent jurisdiction
it shall not affect any other section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance, for it is the definite intent of this
City Council that every section, paragraph, subdivision, clause, phrase, word,
or provision hereof be given full force and effect for its purpose.
SECTION 4. Publication shall be made one time in the official
publication of the City of Corpus Christi, after final passage, which pub-
lication shall contain the caption stating in substance the purpose of the
ordinance.
THAT THE FOREGOING ORDINANCE WAS READ F R FHE F)R3T TIME A D PASSED
TO ITS SECOND READING ON THI3 THE,,27Ld DAY OF .vr /sw , jC� BY THE
FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASE3
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FOREGOING ORDINANC F, WAS READ FQLt "E 3Ey OND TIME AN PASSED,
TO ITS THIRD READING ON THIS THE DAY OF -�+ _ �dS� , 19 P BY THE
FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FOREGOING ORDINANC WAS READ FOR THE THIRD TIME AND PA33CO
FINALLY ON THIS THE DAY OF , 192, BY THE FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE A3E3
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
PASSED AND APPROVED, THIS THE LDAY of 19�
ATTEST:
C ECRETARY MAYOR
TH CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
`Ji DAY OF�i9 %(0:
45S- `-.CITY ATTORNEY
�t OTICE'OF�A35AGE0� ,
ORDINANCE NO. 13546
AMENDING THE CODE OF
ORDINANCE, CITY OF CORl
PUS CHRISTI, 1976 REVD
SION, BY AMENOING CHAP
TER 13 ARTICLE il, SO A
TO RENAME THE EN'
FORCEMENT ORGANIZA
TION TO "BUILDING STAN
D-
AROS BOARD" AND TO
PROVIDE FOR A HEARING
AS PRESCRIBED BY STATE
AS MORE FULLY SET
OUT IN THE ORDINANCES;
REPEALING ALL ORDI-
�NACES ANDIOR PARTS OF
10RDINANCES IN CONFLICT
THEREWITH; PROVIDING
FOR SEVERABILITY; AND
PRO VIDI+N�G FOR PUB-
OF V
WAS PASSED AND APP RO -
ED by the City Council of the
city of corpus Christ, Texas,
jduring the Regular Council
I Maetng held on January S, 1411
1 at w p.m. and p[Qvldes "t It
shall lake effect from and ate,
ils passage and publication one
ffine In xl
theohi pU011Catx a
the city of Cc,al orpus Christi, }
Texas.
ISSUED UNDER MY HAND
AND SEAL of the City W Car.
�, • 1
pus Chrfst4 Texas, this 6th day ,
j Of January, 1977.
8111 G. Read
City Seo etaryy
City of Carpus Christi, Teas
of
PUBLISHERS AFFIDAVIT
1
STATE OF TEXAS, lss:
County of Nueces. 1
Before me, the undersigned, a Notary Public, this day personally came ... ...............................
... Gloria...Lo_ e z ......... ........................... . ... who being first duly sworn, according to law, says that he is the
.--. 4oe- ount- ln-------------------------------------------------------- of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
LEGALS ... NOTICE OF PASS4GE OF ORDINANCE NO. 13546 AMENDING THE TO RENAME
'-• .. ......................THE...EWF OR!7=LI •T••t1R Alg-IZ'A -TTdN T(7 "Slid iiil�G"STA�iDAR�3 °HOARi31z :::::- .
of which the annexed is a true copy, was published in Caller -T1IRa9
on the .. 12 ---- day of..,Tari.Uax. x ...................19.7....., aifflK&MYa& .................----------- thU SMFU :4&...................._.. - -.
coRS 111�7Ce
.........................................................
1
5 Times.
$, 22..Q9.- -•-------------- a .
Gloria Lopez"— Accounting
Subscribed and sworn to before me this 1.9 . ............day ....--- Ian ua r.3r........................... 19----.7.7. ....
Eugenia S. Cortez 'a S
_............ --------------------- ............................... r.
Notary u
ublic, Nueces Conty, Te