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HomeMy WebLinkAbout02851 ORD - 08/15/19508/9/5ger /(6) J 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