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6/9/50 (b)
AN ORDINANCE
DEFINING SUBSTANDARD BUILDINGS 'WITHIN THE
TERMS OF THIS ORDINANCE, ESTABLISHING A
BUILDING STANDARDS COMMISSION, PROVIDING
FOR THE CONDEMNATION OF SUBSTANDARD BUILD-
INGS OR STRUCTURES, AND PROVIDING FOR THE
EVACUATION, REPAIR, AND /OR DEMOLITION OF
SUBSTANDARD BUILDINGSS PROVIDING A PENALTY
FOR THE VIOLATION THEREOF; CONTAINING A
SAVINGS CLAUSE; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT FERE-
WITH; PROVIDING FOR THE METHOD OF PUBLICA-
TION OF THIS ORDINANCE; AND PROVIDING FOR
THE METHOD OF PASSAGEi AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF CORPUS CHRIST,
SECTION I. All buildings or structures which have any
or all of the following defects or lack of facilities shall be deemed
substandard buildingst
A. All buildings or structures which do not have the
number of water closets, urinals and lavatories 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 insanitary pit privies
or septic tanks are maintained.
B. All buildings or structures that have become deteriorated
through natural causes or by damage through exposure to the elements, ex- /
pecially wind, hail, or rain, or damage through fire, to the extent that
the roof, windows and doors, or portions of the house, building, or struo- i
ture which protect from the weather, will no longer reasonably protect
from the weather.
Co 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 am-
pec£ed to withstand the reasonably anticipated storms and/or hurricanes.
E. All buildings or structures not wired in con -
fortuity with the Electrical Code of the City as the same now exists
or as hereafter amended.
F. All buildings or structures not constructed in con-
formity with the City Building Code as the same now exists or as hereafter
amended.
G. All buildings or structures so constructed or per-
mitted 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.
SECTION II. All substandard buildings or structures with-
in the terms of this ordinance which shall constitute a menace to the
health, morals, safety, or general welfare of its occupants or of the
public are declared to be public nuisances and shall be ordered to be
vacated, repaired, or demolished as hereinafter provided.
SECTION III. There is hereby created a Building Standards
Commission to be composed of three (3) members, each of whom shall be a
resident of the City of Corpus Christi. They shall hold office for a
period of two (2) years, or until their successors are appointed. As
near as practical they shall be qualified in one or more of the fields
of fire prevention, building.construction, sanitation, health and public
safety. In addition to said three members, the Fire Marshal, Chief
Building Inspector, and Chief Sanitary Officer of the City of Corpus
Christi shall be ex officio non - voting members of said Building Stan-
dards Commission. Any City Employee in the said respective department
or division of the City, who shall be designated by the City Manager,
shall be authorized to act as substitute for the respective superior of
their respective department or division as ex officio member of said
commission. It shall be the duty of the ex officio members of such
Commission to inspect all buildings or structures reported to be or
believed to be substandard and to present a report of such inspection
to the Building standards Commission, which Commission shall, except
in cases of emergency as hereinafter set forth, notify the proper
party of the intention of such Commission to hold its hearing and follow
the procedure hereinafter provided.
SECTION IV. Substandard buildings or structures may be
ordered to be, and shall be, vacated, repaired, or demolished under the
following conditions, regulations, and procedures
A. EMERGENCY MEASURES: When there exists an emergency
as defined in Paragraph 1 of this Subsection A, certain measures may be
taken, notification given and procedure followed as is in this subsec-
tion set forth:
1. 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 or property, the
condition shall be deemed a condition justifying the use of emergency
measures, and such commission or a majority of the commissioners may, with
the consent and approval of the Director of Public Works anc�/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 building or
structures, (e) such emergency shoring -up and bracing of walls, roofs,
and supports as are required to render such buildings or structure 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, structures, or structure and the
areas of danger surrounding it or them*
2. 'When any of the above mentioned measures are ordered
to be taken, notice of such order shall be given as follower
a. Such order shall be directed to the owner of such
substandard building or structure, or his authorized representative, if
the same shall be known. 'There notification can be accomplished without
increasing the danger to life or property, notice shall be given by per-
sonal service on the owner of the building or structure, or his said
representative;
b. In the event that such notification would create
ouch delay as would materially increase the danger to life or propertyi
then such notice need not be given;
3• 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 such member of the Build-
ing Standards Commission or shall fail to carry out such order satiafac-
torily, then, in either such event the Building Standards Commission 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 so repaired.
B. NORMAL PROCEDU s 'There an emergency does not exist,
the following steps may be taken in the condemnation of a substandard
building3
1. When it shall come to the notice of the Building
Standards Commission that a building or structure in the City of Corpus
Christi is substandard under the terms of this ordinance, the said commission
may cite said owner of such building or structure, or his authorized
agent or representative, to appear, and show cause why such building
should not be declared to be a substandard building and why he should not
be ordered to vacate, repair, or destroy such building or structure.
The date of such hearing shall be not less than ten (10) days after
such citation shall have been made.
2. Such citation may be served by delivery of a,copy
thereof to the owner, or the person in possession, or, if such premises
be unoccupied, by attaching a copy of such citation in a place of pro-
minence on such building or structure.
3. On the day not in such citation for hearing, hearing
shall be had..and on the basis of such hearing the Building Standards
Commission shall determine whether or not such building or structure
is a substandard building or structure; and if it is determined that such
is a substandard building or structure, then, in that event, the Building
Standards Commission shall issue such orders as shall appear reasonably
neoessary to prevent the said building or structure from being a hazard
to life or property and to eliminate the said building or structure's
substandard qualities.
4. The owner of any substandard building or structure, .
or his authorized representative, may appeal from the decision of the
Building Standards Commission by giving notice thereof within ten (10)
days from date of said hearing and file with the City Tax Assessor Collector
a fee of $10.00. Such appeal shell be to the City Council, and upon the
perfection of appeal, the City Council shall set a date for hearing before
it and such appeal shall be by trial de novo.
5. Pending appeal, such orders of the Building Standards
Commission as shall require vacation of the alleged substandard building
or structure or such emergency measures as may have been ordered shall
remain in effect, but all other orders of the Commission shall be suspended
in their operation.
SECTION V. The following standards may be followed in
substance by the Building -Standards Commission 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 is in viola-
tion of the terms of this ordinance it shall be ordered repaired.
B. If the substandard building or structure is in such
condition 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.
C. In any ease where a substandard building or structure
is fifty percent 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 ordinance it shall be
demolished.
SECTION VI. Neither the City of Corpus Christi nor any
authorized agent acting under the terms of this ordinance shall be liable
or have any liability by reason of orders issued or work done in oom-
pliance with the terms of this ordinance.
SECTION VII. It shall be the duty of the City Attorney
of the City of Corpus Christi to enforce the orders of the Building
Standards Commission or the City Council, upon appeal, by filing action
in the appropriate court of this State, when so authorized by the City
Council•
SECTION VIII. 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, shall be deemed guilty
of a misdemeanor and shall be subject to a fine of not less than Five
Dollars ($5.00), nor more than Two Hundred Dollars ($200.00), and upon
conviction shall be fined in any sum not exceeding Two Hundred Dollars
($200.00), and each and every day's 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 ordinance, shall be a corporation, and shall violate any lr ovi-
sion of this ordinance,the president, vice- president, secretary,
treasurer of such corporation, or any manager,'agent, or employee
of such corporation shall be also severally liable for the penalties
therein provided.
SECTION IA. That if wW article, paragraph, subdivision,
clause, phrase or provision of this ordinance shall be adjudged invalid,
or to be held unconstitutional, the same shall not affect the validity
of the ordinance as a whole or any part or provision thereof other than
the part so decided to be invalidor held to be unconstitutional.
SECTION X. That all other ordinances or parts of ordi
nanoes in conflict with this ordinance are hereby repealed.
SECTION :.I. This ordinance shall take effect from and
after the date of its publication in the officialpublioation of the City
of Corpus Christi, which publication shall be sufficient if it contain
the title of this ordinance and state the penalty provided herein forthe
violation thereof.
SECTION %II. The presence of substandard housing in the
City of Corpus Christi requiring the enactment of a comprehensive and
effective condemnation ordinance ceates an emergency and an- imperative
public necessity requiring the suspension of the Charter rule providing
that no ordinance or resolution shall be passed finally on the day it
is introduced and that such ordinance or resolution shall be read at
three several meetings of the City Council, and the Mayor, having declared
such emergency and imperative public necessity to exist, requesting that
euoh Charter rule be suspended and that this ordinance be passed finally
on the date of its introduction and take effect and be in full force
and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED, This the= --fty Of7f&&QAI-
1950.
MAYOR of the
City of Corpus Christi, Texas
I EST:
City Secretary
APPROVED AS TO LEGAL FORM:
1_
city Atto ey
Corpus Christi, Texas
, 1950
TO THE PAEI:4BERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause of the fore-
going ordinance, a ,public emergency and imperative necessity exist for
the suspension of the Charter rule or requirement that no ordinance or
resolution shall be passed finally on the date it is introduced, and
that such ordinance or resolution shall be read a$ three meetings of the
City Council; I, therefore, hereby request that you suspend said Charter
rule or requirement and pass this ordinance finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully,
YO
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
Jack ➢eForrest
Barney Cott'
Sydney E. Herndon'^
George L. Lowman
The above ordinance vms passed by the following vote:
Leslie 'diasserraaa Aw
Jack UeForrest
Barney Cott
Sydney E. Herndon
George L. Lm man