Loading...
HomeMy WebLinkAbout025929 ORD - 08/31/2004 AN ORDINANCE AMENDING CHAPTER 13, CODE OF ORDINANCES, BY ADDING A NEW ARTICLE III RELATING TO VACANT BUILDINGS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 13, Code of Ordinances, is amended by adding a new Article III to read as follows: "ARTICLE Ill. VACANT BUILDINGS "Sec. 13-3001. Declaration of I)olic¥. "(al The City Council finds and declares that: "(1) Buildinqs that are vacant and unsecured attract vaclrants, clancl members, and criminals as pdme locations to conduct illeqal cdminal activities. "(2) Buildinqs that are vacant and unsecured are extremely vulnerable to beinq set on fire bv unauthorized persons. "(3) Buildinqs that are vacant and unsecured are a bliqht and cause deterioration and instability in neiqhborhoods. "(4) Buildin(~s that are vacant and unsecured pose sedous threats to the ~ublic's health and safety. "(5) Abatement and rehabilitation of pood¥ maintained vacant buildinqs ~s necessary. "(6) Vacant and unsecured buildinqs are declared to be public nuisances. "(bi The purpose of this Article is to protect the public health, safety, and welfare of the "(c) This Article: "(1) Determines the responsibilities of owners of vacant buildinqs. "(2) Provides for administration, enforcement, and penalties. "Sec, 13-3002. Definitions. "Unless otherwise expressly stated, the followinq words, terms, and phrases, when R41003A5.doc 2 used in this Article, have the meaninqs ascribed to them in this section, unless the context of their usacle cleadv indicates a different meanina: "Administrator means the City's Zoninq and Code Enforcement Administrator, or the Administrator's desiqnees. "Board when used as a verb means to cover an openina with lumber or panel of wood or other material. "Boarded buildinq means a buildinq on which any openinq to the outside is covered with lumber or panels of wood or other material. The term does not include a buildinq secured by normal measures. "Buildinq means any structure or portion of a structure used or intended for supportina or sheltedncl any use or occupancy, and includes an enclosed buildinq, open buildinq, and partially open buildinq as defined in 61609.2, Cib/of Corpus Chdsti Buildinq Code. "Danoerous buildinq means a buildinq which is potentially hazardous to persons or properb/, includinq, but not limited to: "a. A buildinq that is in dan(~er of partial or complete collapse. "b. A buildincl with any extedor parts that are loose or in danqer of fallinq_ "c. A buildinq with any parts, such as floors, porches, railin(~s, stairs, ramps, balconies, or roofs, which are accessible and which are either collapsed, in danqer of collapsinq, or unable to support the wei(~ht of normally imposed loads. "Owner means the owner of record in the coun~ where the real property is situated; anyone identified as the owner on a vacant buildinq plan and timetable form; the holder of an unrecorded contract for deed; a mortqaqee or vendee in possession; a mortclaqor or vendor in possession; and an assiclnee of rents, receiver, executor, trustee, lessee, or other person in possession or with the d(~ht to control of the premises or a portion of the premises. Any person who is included in this definition as an owner has ioint and several obli(~ation for compliance with the provisions of this Article. A tenant who does not have the dqht of possession or control of a portion of the buildin(~ that is unoccupied is not an owner for the purposes of this Article. "Properly maintained" means takincl measures to: (1) Prevent the physical deterioration of the buildinq (2) Prevent a decline in the appearance of the buildinq. (3) Keep a buildinq in a clean, safe, secure, and sanitary condition. R41003A5.doc 3 (4) Prevent the buildinCl from becominq an attractive nuisance. "Properh/maintenance ordinance includes, but is not limited to, the followinq Code of Ordinances provisions: (1) Article II, Chapter 13. (Buildinq & Housinq Standards Code~ (2) Articles II, VI, VII, VIII. and IX, Chapter 14. Cl-echnical Construction Codes, Excavations, Requlation of Fill Materials, Control of Aeolian Soils, and Control of Solid Waste at Construction Sites~ (3) Article I, Chapter 18. (Fire Prevention Code} ('4) Articles II, V, and VII, Chapter 21. (Collection Services, Business or Commercial Establishments, and Control of Refuse) (5) Article III, Chapter 23. (Unhealthful & Danqerous Conditions} (6) Article VI, Chapter 33_ (Graffiti control~ ('7) Division 1, Article I. Chapter 49. (Relates to maintenance and duties related to streets, sidewalks, and street dqhts-of-wav) ('8) Articles XVI and XVII, Chapter 55_ (Prohibition on Pollution of the Municipal Separate Sewer System (MS4} and Maintenance and Ol~eration of Grease Interceptors and Oil~Sand Interceptors) "Secure means to take measures to ensure that the intedor of the buildin(~ cannot be accessed by: ('1) Unauthorized persons without the use of tools or ladders. ('2) Birds and other animals throuqh broken windows or other openinqs in the structure. "Secured bv normal measures means the use of structural components of a buildinq, includinq fixtures, such as doors, unbroken windows, locks, latches, electronic secudty systems, storm shutters, secudtv shutters, and qdlls or bars installed at window and door openinqs, which were installed while the buildinq was constructed or added to the buildincl while the buildincl was occupied and beinq used for lawful purposes. "Secured by other than normal measures means a buildincl secured by means other than those used in the desicln of a buildincl or that are normally installed and utilized while a buildincl is occupied and bein(~ used for lawful purposes. The term includes boardin(~ any window or door openinq. "Unoccupied means not beinq used for a lawful occupancv authorized by the R41003~5.doc 4 Certificate of Occupancy issued bv the City's Buildinq Official. "Unsecured means open to entry by unauthorized persons. "Vacant buildinq means a buildinq or portion of a buildinq that is any of the followinq: "a. Occupied by unauthorized persons and unsecured. "b. Occupied by unauthorized persons and condemned. "c. Unoccupied and unsecured. "d. Unoccupied and a danqerous buildinq. "e. Unoccupied and condemned. "f. Unoccupied and has had two or more violations of property maintenance ordinances within the previous twelve month period. "q. Unoccupied for a pedod of time over three hundred sixty-five f365) days and dudnq which time the Administrator has issued an order to correct any nuisance condition. "Sec. 13-3003. Enforcement authority. "fa) The Administrator administers this Article. "lb) The Administrator, the Administrator's desiqnees, and other Code Enforcement Officials are authorized to enforce the provisions of this Article. "lc) The Administrator shall keep a file on all vacant buildinqs in the City. The file may include anv property-specific wdtten statements from community orqanizations, other interested parties, or citizens reqardinq the history, problems, status, or bliqhtinq influence of the vacant buildinq. "Sec. 13-3004. Insl3ections. "fa) The Administrator may inspect anv premises in the City for the purpose of enforcinq and ensudnq compliance with the provisions of this Article. "(b) Upon the request of the Administrator, an owner shall provide access to all intedor portions of a vacant buildinq in order to permit a complete inspection. "Sec. 13-3005. Notice of vacant buildincl. "fa) Upon discovery of a vacant buildinq bva Code Enforcement Official or receipt of a complaint about a vacant buildinq, the Administrator may cause an inspection of the property in order to determine if the buildinq should be classified as a vacant buildinq_ R41003,A5.doc "(b) If the Administrator determines that a buildinq or portion of a buildinq may be classified as a vacant buildinq under this Article, the Administrator shall: "(1 ) Attempt to contact the owner or an aqent of the owner, identified by any siqn posted on the properb/, by telephone or by electronic communication, such as b¥ electronic mail or facsimile, and advise the owner or aqent that it appears that the buildinq is a vacant buildinq and that the followinq measures need to be taken by the owner: "a. Take immediate measures to temporarily secure the buildinc~ from unauthorized entry. "b. Take measures to secure the buildinq by normal or other than normal means within 14 days. "(2) Mail a notice to the owner, with a copy to any aqent identified by any siqn posted on the property, that advises the owner that it appears that the buildinq is a vacant buildina and that the followin(~ measures need to be taken by the owner: "a. Take immediate measures to temporarily secure the buildin<~ from unauthorized entry. "b. Take measures to secure the building by normal or other than normal means within 14 days. "(3) Issue a citation or file a complaint in Municipal Court for any violations of this Article or other applicable provisions of the Code of Ordinances_ "(c) The notice under subsection (b)(2) of this section must comply with the reeuirements of Section 54.005, Texas Local Government Code. "(d) If the owner fails to take immediate measures to temporarily secure the buildincl from unauthorized entry, the City may. without further notice, abate the violation. The owner is liable for the costs incurred bv the City to abate the violation, includin(~ any administrative expenses, materials, and labor_ If the owner does not reimburse the gib/ for its expenses when billed, the Administrator shall file a lien aclainst the property for expenses incurred by the City. "Sec. 13-3006. Optional vacant buildinq plan and timetable. "(a) If the owner of a vacant buildin~ files a vacant buildinq plan and timetable with the Administrator not later than seven (7) days after the owner receives verbal or written notice under Section 13-3005(b), the Administrator is authorized to: "(1 ) Suspend the processinq of any citation or complaint for violation of this Article. R41003A5.doc 6 "(2) Extend the period of time in which the owner of a vacant buildinq must secure the buildinq by other than temporary measures. "(b) The vacant buildinq plan and timetable must be submitted on forms provided by the Administrator and include the followinq information supplied by the owner: "(1 )A description of the premises. "(2) The names, addresses, and telephone numbers of all owners with a riqht of control over the property. "(3) The names and addresses of all known lien-holders and all other parties with an ownership interest in the buildinq. "(4) The name, address, and telephone number of the owner's property manaqer or aqent, and whether the property manaqer or aqent has the authority to independently act on the owner's behalf to repair or maintain the property. "(5) The pedod of time the buildinq is expected to remain vacant. "(6) If the owner plans on retuminq the buildincl to a lawful occupancy and use, the estimated date for retuminq the buildinq to a lawful occupancy and use. "(7) If the owner plans on demolishinq the buildinq, the date the buildinq is scheduled for demolition. "(8) If the owner plans on rehabilitatincl or renovatinq the buildincl, the dates the buildinq rehabilitation or renovation is scheduled to commence and be completed. "(9) If the owner plans on retaininq the buildinq for investment purposes, the measures that will be taken to try to reduce any adverse impact on the properb/ values of adiacent properb/from the retention of the vacant buildinq for investment purposes. "(10) A plan for reqular maintenance of the buildinq durinq the pedod of vacancy. "(1 1 ) Measures the owner will employ to secure the buildincl to prevent access by trespassers. One of the followinq methods must be used to secure the buildinq: "a. Installation and maintenance of adequate windows and doors. "b. Installation and maintenance of secudtv shutters, qdlls, and bars for windows and doors. "c. Installation and maintenance of adequate locks for windows and doors. "d. Installation, operation, and monitorinq of an electronic secudt¥ R41003A5.doc system, which monitors windows and doors by qlass breakaqe or motion sensors, and a method of respondinq to alarms from the electronic security system, other than sole reliance on the City's Police Department. "e. Installation of boards on windows and doors. "f. Installation of securi~ fencinq. "q. Employment of watchmen, who are licensed peace officers, public secudty officers, commissioned secudt¥ officers, or non-commissioned secudt-v officers. "h. Any other method approved by the Administrator. "(12) Measures the owner will employ to monitor and inspect the property on a weekly basis. The weekly monitorinq and inspection must be performed by the owner, property manaqer, or an aqent of the owner with full authority to maintain and make repairs to the properb/on a weekly basis. "(13) Locations of the waminq siqns required by Sections 13-3009(b) and 13- 3011 (b). "(14) Any reasonable related additional information required by the Administrator. "(c) The plan and timetable submitted by the owner must be approved by the Administrator, which approval may not be unreasonably withheld. The Administrator must approve or disapprove the plan and timetable within 10 workinq days of receipt from the owner. "(d) The Administrator may require completion of any modifications or alterations to the buildinq that are required to secure the buildinq within a reasonable pedod of time, up to three hundred sixty-five (365) days. "(el Any repairs, improvements, or alterations to the vacant buildinq or on the property must comply with all applicable City of Corpus Christi technical construction codes. "(f) All other applicable laws, codes, and requlations must be complied with bv the owner. "(a) The owner shall notifl/the Administrator of any chanqes in information supplied as part of the vacant buildinq plan and timetable within thirty (30) days of the chanqe. If the plan or timetable for the vacant buildinq is amended in any way, the amendments must be approved by the Administrator. "(hi If, within fourteen days of the initial observation by a Code Enforcement Official, there is evidence that a broken window or door on a buildinq whose owner has filed a a vacant buildinq plan and timetable, which can be observed from a street or adioininq R41003A5.doc 8 property, has not been repaired, or that hiclh weeds or solid waste have accumulated on the property without corrective action, the Administrator may determine that the @roperty is not beinq monitored and inspected by the owner, property manaqer, or an aqent of the owner with full authority to maintain and repair the property on a weekly basis. "(il The authority of an aqent to maintain and make repairs to properly for the owner must be qranted in wdtinq throuqh a contract or power of attorney. The contract or power of attorney must authorize the aqent to receive and accept notices from the City on behalf of the owner. "¢i) The Administrator may determine that a buildincl whose owner has filed a vacant buildinq plan and timetable or that has been the subiect of an abatement action by the City under this section is no Ioncler a vacant buildin(~, if: The owner has secured the buildinq by the means specified in the vacant buildin(~ plan and timetable approved by the Administrator. The Administrator has inspected the buildin(~ and determined the buildinQ is: a. Propedv secured. b. There is no solid waste within the buildincl or on the premises. c. All of the veqetation on the premises has been propedy tdmmed. d. There is no clraffiti on the inside or outside of the building1. e. There is no evidence or indication that the buildinq has been occupied or entered by an unauthorized person within the pdor 30 days. "Sec. 13-3007. Dub/to clean vacant buildin~l and i)remlses. The owner of a vacant buildinq shall remove any solid waste from the intedor of the buildinq. "(bi The owner of a vacant buildinq shall remove any solid waste or hiqh weeds and brush from the premises on which the vacant buildinq is located. "(c/The owner shall keep the premises on which the vacant buildinq is located proped¥ maintained until the buildincl is returned to an authorized occupancy, demolished, or sold "(d/ Failure of the owner to maintain the premises that results in abatement bv the City is qrounds for revocation of the approved vacant buildin~ plan and timetable, and the owner is subiect to any applicable penalties. "Sec. 13-3008. Dub/to secure vacant buildln~l. R41003A5.doc 9 The owner of a vacant buildinq shall lock or secure all doors, windows, and other openinqs to the vacant buildinq. The owner shall keep a vacant buildinq secured, safe, and properly maintained. "('c) Failure of the owner to maintain a vacant buildinq in a secured condition and that results in abatement by the City is qrounds for revocation of the approved vacant buildinq plan and timetable, and the owner is subiect to any applicable penalties. "(d) If securinq a vacant buildinq by normal measures fails to keep the vacant buildinq secure, the owner must use other than normal measures to secure the buildinq, includinq boardinq the vacant buildinq. "Sec. 13-3009, Standards for boardlna a vacant buildina, "la/ExcePt as Drovided in subsection fc~ of this section, if the owner is unable to secure a vacant buildino by normal means, the owner shall board the vacant buildino under the followin(~ specifications and re(~uirements: "{1~ All unsecured doorways, windows, or other extedor ooeninas must be covered bv wooden structural panels. However. the alazed oortion of an otherwise structurally sound door may be reDlaced or covered bv a wooden Danel. Wooden structural panels may be installed on the extedor or interior of the oDenino. "¢3~ The wooden structural Danels installed on the extedor of a buildino must be fiat. souare, and level, and in a manner accepted as oood workmanshiD. The ~Administrator has the sole discretion to determine if the work was oerformed in an acceptable manner. "¢4) Re(~uired materials. The wooden structural panels must be used to cover doorways, windows, or other extedor ooenin(3s. The wooden structural panels must be composed of COX extedor (]rede Dlvwood or oriented strand board {"OSB"3 with a minimum 1/2 inch nominal f7/16" actual~ thickness. The Administrator may aoorove the use of alternate materials. 'f5~ Reauired fasteners and hardware. All metal fasteners and hardware must be made of stainless steel. (~alvanized steel, or cadmium olated steel. "¢6/Reauired coatinas. All exterior materials used to board a vacant buildina rnust be painted with a minimum of two coats of extedor arade latex paint that is black, white, the Dredominant color of the buildina, or a color approved bv the Administrator. "/.7~ ADDrOVed methods for installina exterior wooden structural oanels. R41003A5.doc 10 "a. Wooden structures with wood trim surroundina window and door "1. If there is a sill that extends bevond the face of the buildin(3, the bottom of the wooden structural Danels must be flush with the sill and the wooden structural panels must extend at least four inches /4"1 on the top and on each side of the oDenin(3, "2. If there is no sill or the sill does not extend beyond the face of ~he buildin(~, the wooden structural Danels must and extend at least [our inches 14"~ on the tOD. bottom, and on each side of the oDenino. "3. The wooden structural panels must be attached to the buildina and window bv wood screws, lea bolts, or carfiaae bolts, A washer must be installed between the head of the screw or bolt and the wooden structural Danel. If cardaoe bolts are used that extend into the intedor of the buildinQ, washers must be used between the nut and the intedor sun'ace. "4. Wooden screws and la(3 bolts must be secured to the structural framin(~ member surroundinQ the oDenin(3. "5. The structural wooden panels must be attached under the followino table: FASTENER TYP~ PanelsDan foot [=ASTENER SPACING 4 foot < panel sDan < 6 foot foot <Danel sDan< 8 foot ~-1/2" #6 Wood screws 2-1/2" #8 Wood screws "6, The fasteners must be installed at ODOOSinQ ends of the wooden structural panels. "b. Masonry structures or structures with brick facades with wood tdm surroundina window and door oDeninas: "1. If there is a sill that extends bevond the face of the buildine, the bottom of the wooden structural panels must be flush with the sill and the wooden structural panels must: 11 "B. Cover the window or door ooenina. "B. Be flush with the sill. "C, Either be set into or be flush with masonry wall or bdck facade on the tod and both sides of the oDenina, "2. If there is no sill or the sill does not extend beyond the face of the buildina, the wooden structural Danels must be either set into or be flush with the masonry wall or bdck facade on the tOD. bottom. ~nd on each side of the window oDenina. "3. The wooden structural panels must be attached to the buildina by wood screws, laa bolts, or cardaae bolts. A washer must be installed between the head of the screw or bolt and the wooden _~tructural panel. If carriaae bolts are used that extend into the j~terior of the buildina, washers must be used between the nut and the interior surface. "4. Wooden screws and laa bolts must be secured to the structural framina member surroundina the oDenina. "5. The structural wooden Danels must be attached under the followina table: FASTENER TYP~ FASTENER SPACING PanelsDan foot 4 foot < Danel soan < 6 foot foot < oanel span < 8 foot ~-1/2" #6 Wood screws ~-1/2" ~8 Wood screws "6, The fasteners must be installed at ODDOSina ends of the wooden structural oanels. "c, Masonry structures or structures with bdck facades with metal trim ~urroundina window and door oDeninas: "1, If there is a sill that extends bevond the face of the buildina, the bottom of the wooden structural eanels must be flush with the sill and the wooden structural oanels must; R41~3~.d~ 12 "A, Cover the window or door oDenina, "B. Be flush with the sill. "C. Either be set into or be flush with masonry wall or brick facade on the tOD and both sides of the ooenina. "2, If there is no sill or the sill does not extend beyond the face of the buildina, the wooden structural panels must be either set into or flush with the masonry wall or bdck facade on the toD. bottom, and on each side of the oDenina, "3. The wooden structural panels must be attached to the metal ~dm bv metal screws, la(3 bolts, or carfia(3e bolts. A washer must be installed between the head of the screw or bolt and the wooden structural panel. If carda(3e bolts are used that extend into the interior of the buildin(3, washers must be used between the nut and the interior surface. "4. Metal screws and la(3 bolts must be secured to the metal structure used to frame the oDenin(3. "5. The structural wooden oanels must be attached under the followin(3 table: FASTENER TYP~ PanelsDan foot [=ASTENER SPACING 4 foot < panel span < 6 foot < 6 foot < oanel span < 8 foot ~-1/2" fi-6 Metal screws ~-1/2" fi,-8 Metal "6. The fasteners must be installed at ODDOSinQ ends of the wooden structural Panels. "d. Masonrv structures or structures with bdck facades with no trim surroundin(~ windows. "1. A wooden frame constructed of with 2" X 4" nominal dimensional lumber must be installed around the perimeter of the ooenino. R41003A5.doc 13 FASTENER TYP~ "2, The wooden frame must be secured to the masonry wall or brick facade with la(~ bolts and vibration-resistant anchors havina a l~inimum ultimate withdrawal caDacitv of 490 pounds. "3. The wooden structural Danels must be attached to the wooden frame usino wood screws, "4. The structural wooden oanels must be attached under the followin(~ table: FASTENER SPACING Panel span < 4 foot 4 foot < Danel span < 6 foot < 6 foot < Danel sDan 5 8 foot ~-1/2" #6 Wood 16" 12" 9" screws ~-1/2" #8 Wood 16" 16" 12" screws "5. The fasteners must be installed at ODDosin(3 ends of the wooden structural Danels. "e. The Administrator may approve the use of blocks, clips, or other special hardware items or alternate methods for installino wooden structural oanels, "/8) All broken (~lass and any other loose matedal must be removed from the oDenin(] before the wooden structural [~anels are installed. "¢9~ Exterior access to floor areas above the first floor, such as fire escaDes and ladders, must be either. a. Removed up to the second floor level or to a hei(]ht of 13' above the (~round. whichever is lesser. b. Secured to the satisfaction of the Administrator. "fl0~ Fascia sions, overhanoina si(]ns, roof si(~ns, and all other appurtenances. such as sun visors or awnin(~s must be removed if they are in a dan(3erous cendition or could create such a condition. "{11~ All loose or defective materials, tdm. or structural elements on the extedor of the buildin(3 must be removed. R41003A5.doc 14 "/12~ Any condition which may become a hazard or danger to the public must be The owner of a boarded vacant buildina shall ~ost the [~remises. "11~ One or more sians must be posted at or near each entrance to the buildina and on fences or walls, as appropriate, "/2) The si(~ns must remain Dosted until the buildino is either lawfully occupied or Cemolished. "13~ The sit, ns must contain the followin(~ information: "DO NOT ENTER !t is a misdemeanor to enter or occu[~v this buildina or premises or to remove or deface this notice. TresPassers will be prosecuted." "{4~ The lettedna of the sian must be at least a 48 ooint font tvoe size. "(cl Instead of boardina a buildina in the manner specified bv subsection (al of this _~ection. the Administrator may allow the owner to secure the vacant buildina in a manner in which the Administrator determines adeauatelv prevents unauthorized entry or vandalism. "Sec. 13-3010. Paintin¢l exterior panels on boarded buildincls. "When an owner of a vacant buildinq boards up a buildinq, the owner shall apply at least eRe-two coats of extedor paint to the extedor panels installed on all openinGs, windows, and doors_ The coat of extedor paint must be black, white, the predominant color of the buildinq, or a color approved by the Administrator. "Sec. 13-3011. Installin¢l fence around the i~erimeter of buildinqs. "(a) If the boarding of a vacant building fails to keep the building effectively secured, the owner shall install a minimum eiqht-foot high chain link fence around the perimeter of the buildinq. "(b) The owner of a fenced vacant buildinq shall post the premises_ "(1 ) One or more siGns must be posted at or near each entrance to the building and on fences or walls, as appropriate. "('2) The signs must remain posted until the building is either lawfully occupied or demolished. "(3) The siGns must contain the following information: R41003A5.doc 15 "DO NOT ENTER It is a misdemeanor to enter or occupv this buildina or premises or to remove or deface this notice. Trespassers will be prosecuted." The letterinq of the siqn must be at least a 48 point font type size. "Sec. 13-3012. Watchman re(luired. "(a) If boardinq, fencinq, the use of electronic monitorinq systems, or the use of other methods fails to keep unauthorized persons from enterinq or occupyinq a vacant buildinq, the owner shall have a watchman on duty upon the premises evew day continuously between the hours of 4:00 p.m. and 8:00 a.m. "(b) The watchman must remain on duty daily dudnq the required hours until the buildinq is either leqallv occupied, demolished, or sold. "Sec. 13-3013. Duty to remove or rel)alr. "The owner of a vacant buildinq shall promptly remove or repair any element of the buildinq or a siqn on the premises that is in a condition of decay or partial ruin by reason of neqlect, misuse, or deterioration. "Sec. 13-3014. Entry or Interference with notice I~rohibited. "(al No person mav enter or occupy any buildinq that has been posted under Sections 13-3009(b) or 13-3011 (b), except to repair or demolish the buildinq under proper permit or for a purpose authorized by the owner, or as allowed under Section 13-3005(b/. "(bi No person may remove or deface any notice that has been posted under Sections 13-3009(b) or 13-301 l(b)until the required repairs or demolition have been completed or a Certificate of Occupancv has been issued bv the Buildinq Official. "Sec. 13-3015. Reinsl~ection fee. "(a) The Administrator may periodically reinspect vacant buildincls to ensure compliance with the provisions of this Article. "(bi The Administrator may assess a reinspection fee of one hundred dollars ($100.001 aqainst the owner of a vacant buildinq for actual costs of each reinspection and continuous monitorinq of the buildinq as is reasonably necessary to determine compliance with the standards and procedures in this Article. "Sec. 13-3016. Notification. "Once ever,, six (6) months the Administrator shall send to the City Council a list of all vacant buildinqs that have become known to the Administrator durinq the precedinq six (6/months, as well as a list of all previously declared vacant buildinqs that are no R41003A5.doc 16 Ionqer subiect to the provisions of this Article. Sec. 13-3017. Notice and Order to Abate. "(al Upon findinq a violation of this Article, the Administrator shall serve a wdtten Notice and Order to Abate upon the owner. "(bi The notice must advise the owner of the violation and comply with the requirements of Section 54.004, Texas Local Government Code. "(c/If the owner fails to abate the violation within the period stated in the notice, the City may, without further notice, abate the violation. The owner is liable for the costs incurred by the City to abate the violation, includinq any administrative expenses, material, and labor. If the owner does not reimburse the City for its expenses when billed, the Administrator shall file a lien aqainst the properb/for the expenses incurred by the City. "(d/Should anv nuisance not be abated at the expiration of time stated in the Notice and Order to Abate or within any additional time as the Administrator or City Manaqer mav qrant, the Administrator is authorized to enter upon the property and abate or cause the abatement of the nuisance found. "Sec. 13-3018. Abatement by CIW. "(al In abatinq the nuisance, the Administrator may qo to whatever extent may be necessary to complete the abatement of the nuisance and. should it be practicable to salvaqe any matedal dedved in the abatement, the Administrator may sell the salvaqed material at pdvate or public sale at the best pdce obtainable and must keep an accountinq of the proceeds from any sale. "(bi The proceeds, if anv, obtained from the sale of the salvaqed matedal must be deposited to the General Fund of the Citv and any deficit between the amount so received and the cost of the abatement may be levied as an assessment aqainst the property in question by the City and collected as any other assessment bv the Git'v; however, any other alternative collection method may be utilized by the City to recoup the deficit. "(c/Should the proceeds of the sale of the salvacled matedal exceed the cost of abatement, the surplus, if anv, shall be paid to the owner when a proper claim to the excess is established. "(d) In abatinq a nuisance, the Administrator may call upon any City department for whatever assistance the Administrator deems necessary or may b¥ pdvate contract cause the abatement of the nuisance. "(el The Administrator shall, after completinq the abatement, maintain a record of the costs incurred or expended by the City to abate the nuisance, includinq: R41003A5 doc 17 "(1) The costs of providincl notice to the owner and lienholder, includincl time spent researchinq the identity of the owner and lienholder, prepadnq the notice, postaqe, and publication costs. "(2) Personnel costs involved with inspectincl the property. "(3) Personnel costs involved in abatinq the nuisance by City employees. "(4) Prorated costs of the use of any City vehicles used to inspect the property. "(5) Prorated costs of the use of any City vehicles or ecluipment used to abate the nuisance. "(6) Costs of any materials or supplies purchased or fumished by City. "(7) An overhead charqe of twenty-five percent (25%) of the total expenses incurred for administration for each abatement action. "(8) Costs of any contracted services, includinq the costs of materials, supplies, and labor provided by the City's contractor. "Sec. 13-3019. Notice of costs incurred bv City; al~peal of charqes. "(a) The Administrator shall mail a notice to the owner and lienholder of the property upon which the nuisance has been abated of the costs incurred or expended by the City to abate the nuisance, includinq any applicable overhead charqes and surcharcles under Sections 13-3018 or 13-3021. "(b) The notice must advise the owner and lienholder that the City proposes to assess its costs aclainst the property and place a lien on the property to collect the costs incurred by the City. "(c) The notice must advise the owner and lienholder that any obiections to the costs that will be assessed aqainst the property must be made in wdtinq and received by the Administrator within twenty (20) davs from the date of mailinq the notice. "(d) Upon the expiration of the twenty (20) day pedod, if no objections have been received by the Administrator, the Administrator shall file a lien aclainst the property for the City's costs. "(e) If objections to the costs from the owner or lienholder are received by the Administrator prior to the expiration of the twenty (20) day pedod, the Administrator shall make a wdtten determination whether the amount assessed should be upheld, modified, or canceled. "(t') A copy of this determination must be furnished to the person makinq the obiections and include notice of the person's riclht to appeal the determination to a hearincl officer, desiclnated by the City Manaqer, the within fourteen (14) days of the date the R41003A5.doc 18 Administrator's determination is mailed to the owner or lienholder. "(q) Upon expiration of the fourteen (14) dav pedod, if no appeal is received, the Administrator shall file a lien aqainst the property for the City's costs. "th) If a timely appeal is received by the Administrator, a hearinq before the headnq officer must be scheduled and held on the matter. "(i) If, after the headnq, the headnq officer determines that the proposed assessment, or any part of the assessment, is not proped¥ authorized by Section 13-3018(e), the headnq officer shall so certify to the Administrator and the proposed assessment will be modified or canceled. "ti) If, after the hearinq, it is determined that the proposed assessment or any part of it is proper and authorized, the headnq officer shall so certify to the Administrator, who shall file a lien in the amount determined appropriate by the headnq officer. "(k) The determination of the hearinq officer is a final administrative decision and is not appealable to the City Council. "(I) The Administrator, in administrative review, or the headnq officer, on appeal, may modify or cancel a proposed assessment if it is determined that any of the followinq did not conform to the provisions of this Article: "(1 ) The notice to remove the nuisance. "t2) The work performed in abatinq the nuisance. "(3) The computation of charqes. "tm) The Administrator, in administrative review, or the headnq officer, on appeal, may modif~ a proposed assessment by eliminatinq the surchame if it is determined that the current owner was not in possession of the property at the time the notice required in Section 13-3006 was mailed. "(n) If, after a lien has been filed, there is a written request of an owner who alleqes that the owner did not receive notice of the proposed assessment, the Administrator shall refer the matter for review to the headnq officer. "(o) The lien may be released by the headnq officer if it is determined that the owner did not receive notice of the proposed assessment or of the nuisance abatement work constitutinq the basis of the lien, could not, in the exercise of reasonable care or diliqence, have had the knowledqe, and in addition, that the circumstances are such that a reduction or cancellation of the assessment would have been appropriate had the matter been reviewed under this section pdor to assessment. "tP) Upon receipt of a certification from the headnq officer, under subsection (o), the Administrator shall cancel or modify the lien if required by the determination of the R41003A5.doc 19 headnq officer. "Sec. 13-3020. Personal liability of owner. "The person, who is the owner of the property at the time at which the notice recluired under Section 13-3017 of this Article is served, is personally liable for the amount of the all expenses incurred bv the City, includinq any interest, overhead charcles, and surcharqes. "Sec. 13-3021. Overhead charqe and surcharcle. "(,a) Whenever a nuisance is abated by the City. the Administrator shall keep an accurate account of all expenses incurred, includinq an overhead charqe of twenty-five percent ('25%) of the total expenses incurTed for administration for each nuisance abated. "(b) When the City has abated a nuisance maintained by any owner of real properly, for each subsecluent nuisance that is abated by the City within two (2) consecutive calendar years of the initial abatement of the nuisance on real property owned by the same person, a surcharqe of fifty percent ('50%), minimum of fifty dollars ('$50), of the cost of abatement shall be added to the costs and overhead charcle provided for in subsection (a). The surcharae is imposed without reqard to whether the nuisances abated by the City are of the same character. "Sec. 13-3022. Continuous abatement authority. "(,a) If a vacant buildincl previously abated by the owner or the Administrator under a Notice and Order to Abate aqain becomes unsecured and open to unauthorized entry within one-year of the Notice and Order to Abate, and the Administrator has not been informed in wdtinQ by the owner of an ownership chancle, the Administrator may, without further notice to the owner, proceed to abate the nuisance and recover costs as provided for in this Article. "(,b) If the premises surroundinq a vacant buildinq previously abated bv the owner or the Administrator under a Notice and Order to Abate aclain contain debds, rubbish, waste, or excessive veqetation within one-year of the Notice and Order to Abate, and the Administrator has not been informed in wdtinq by the owner of an ownership chanqe, the Administrator may, without further notice to the owner, proceed to abate the nuisance and recover costs as provided for in this Article. "Sec. 13-3023. Continuous public nuisances. "(al A vacant buildinq may be declared a continuous public nuisance by the Administrator if the buildinq, which was secured by the owner foIIowinQ a Notice and Order to Abate or secured by the Administrator, continues to remain unsecured on a pedodic basis, and the Administrator is required to either issue additional Notice and Order to Abate to the owner or resecure the buildincl throuqh a City abatement action. R41003A5.doc 2O "(b) The Administrator may seek demolition of a vacant buildinq that is a continuous public nuisance by seekinq a court order or followinq any of the administrative abatement procedures found in this chapter, which affords the owner due process, includinq notice and a headnq. "Sec. 13-3024. A.opeal of Administrator's decisions and orders. A person may appeal anv decision or order of the Administrator to the hearinq officer. "Sec. 13-3025. Alternative I~rocedures. Nothinq in this Article mav be deemed to abolish or impair existinQ authority or remedies of the City "Sec. 13-3026. Penalties. "('a) Any person violatinq anv provision of this Article, or providinq false information to the Administrator, may be punished by a fine not to exceed $2,000. "('b) Anv person convicted of a subsequent violation of this Article may be fined not less than $500 nor more than $2,000. "lc) Violations of this Article are treated as strict liability offenses. There is no need to prove that the person had an intent to violate this Article. "(d) Violations of this Article are violations of a rule, ordinance, or police re~lulation that qovems fire safety, zoninq, or public health and sanitation, includinq dumpinq of refuse. "(e) Each day any violation of this Article continues constitutes a separate offense. "Sec. 13-3027 - 13-4000. Reserved." Section 2. A violation of any provision of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in this ordinance. Section 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this ordinance be given full force and effect for its purpose. Section 4. Publication of this ordinance is to be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti, Texas R41003A5.doc Corpus Christi, Texas That the foregoing ordinance was read.for the first time and passed to its second reading on this the ~ ~' day of /-~¢, ~r ,2004, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the ~ day of ~ ~ ,2004, by the following vote: ~ Bill Kelly Samuel L. Neal, Jr. Brent Chesney ~ Javier D. Colmenero ~ Melody Cooper ~ Henry Garrett (;[ ~.~.. PASSED AND APPROVED this the City Secretary APPROVED: August 25, 2004 Rex A. Kinnison Jesse Noyola Mark Scott day of ,~, -t ,2004. F~I~L!N ~RP US CHRISTI eel, Jr. 3r Pr~ Fisc.~er City At~omey ' Vacant Bldg Ord Rvd 2nd Reading doc PUBLISHER'S AFFIDAVIT State of Texas County of Nueces CITY OF CORPUS CHRISTI Ad # 4996027 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Ma~,ager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 6TH day(s) of SEPTEMBER, 2004. $53.50 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of SEPTEMBER 07, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05_ Corpus Christi Caller-Times, Monday, Sec[ember 6, 2004~C17 : PA~ OF ORDINANCE NO.