HomeMy WebLinkAbout027588 ORD - 02/19/2008Page 1 of 16
AN ORDINANCE
ENACTING NEW ARTICLE IV OF CHAPTER 13, CODE OF
ORDINANCES, ENTITLED "VACANT DOWNTOWN BUILDINGS;"
ESTABLISHING PROPERTY MAINTENANCE, SECURITY, AND
MONITORING PROVISIONS REQUIRED FOR VACANT DOWNTOWN
PROPERTIES; ESTABLISHING DOWNTOWN VACANT BUILDING
REGISTRATION AND INSPECTION REQUIREMENTS;
ESTABLISHING FEES; ESTABLISHING ENFORCEMENT
PROVISIONS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION
WHEREAS, the presence of unoccupied, improperly maintained buildings in the downtown
area pose risks to the public health and safety as the buildings pose an increased risk from fire,
can contribute to the deterioration of adjacent structures, and attract vagrants, gang members and
criminals;
WHEREAS, the unoccupied and improperly maintained buildings in the downtown area are a
blight and cause deterioration and instability;
WHEREAS, such improperly maintained buildings must be abated and rehabilitated;
WHEREAS, the Downtown Revitalization Committee recommended the creation of an
ordinance to address vacant downtown buildings and various downtown interest groups,
including the Downtown Management District, have participated in the drafting of the ordinance;
WHEREAS, the City Council has determined that this amendment would best serve public
health, necessity, and convenience and the general welfare of the City of Corpus Christi and its
citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. That Chapter 13 "Code Enforcement, Housing and Neighborhood Improvement,"
ofthe Code of Ordinances is amended by adopting a new Article IV "Vacant Downtown
Buildings" which shall read as follows:
"ARTICLE W. DOWNTOWN VACANT BUILDINGS
Sec. 13-4001. Declaration of policy
(a) The city council finds and declares that:
1 Downtown of Co , us Christi is a uni s ue and distinct area of the Cit due to
the prevalence of older, multi -story buildings constructed without setbacks from
the street ri • ts-of-wa thereb ereatin • a dense develo . ment s osin i increased
027588
i:ILE -DIl \hared\ ar yS a dal, 0 12-1 \ R.D-vacant downtown buildings. 1 .doe
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risks from fire. The buildings often have common walls, or walls that abut, and
the buildings are affected by the lack of maintenance of an adjoining build
2 Downtown Co • us Christi has the • otential to be a d amic economic center
for the Cit
however im • ro . eri maintained vacant buildin s and lots inhibit the
redevelopment of the downtown area.
Dorton buildings that are vacant and unsecured attract vagrants,g
members and criminals as . rime locations to conduct ille al criminal activities.
LiDt _Buildings that axe acant and unsecured are extremely vulnerable to beim
on fire by unauthorized persons.
Buildin • s that are vacant and unsecured are a bli t and cause deterioration
and instability in downtown.
Buildings that are vacant and unsecured pose serious threats to the public's
health and safety.
(7) Abatement and rehabilitation poorly maintained vacant downtown
buildings is necessary.
Vacant and unsecured buildings are declared to be public nuisances,
(b) The purpose of this article is to protect the public health, safety and welfare of the
pity,
This article:
1 Determines the res . onsibilities of owners of vacant downtown buildin s.
Provides for administration enforcement and
en ties.
Sec. 13-4002. Definitions.
Unless otherwise expressly stated, the following words, terms, and phrases. when used in
this article, have the meani ascribed to them in this section unless the context of their
usage clearly indicates a different meaning:
Administrator means the cit 's zonin • and code enforcement administrator or the
administrator's_ designees.
Board when used as a verb means to cover an o . enin i with lumber or . anel of wood or
other material.
Boarded building man _a building on which any opening to the outside is covered with
lumber or . anels of wood or other material. The term does not include a buildin * secured
by normal measures.
Buildin means an structure or • ortion of a structure used or intended for sus . ortin or
shelterin
an use or occu . ane and includes an enclosed buildin
o . en buildin
and
partially open building as defined in section 1609.2, International Buildin
Code.
Dan 'emus buildin means a buildin which is . otentiall hazardous to . ersons or
property, including, but not limited to:
a. A building that is in danger of partial or complete collapse.
b. A building with any exterior parts that are loose or in danr pf failing.
c. A buildin • with an • arts such as floors • orches rai1in * s stairs ram • s
balconies or roofs which are accessible and which are either colla • sed in dan er
of collapsing, or unable to support the weight of normally imposed loads.
Downtown means that area bounded by Shoreline Drive, Park Street, Tancahu Street,
fflghway 181, les quite Street, and Fitzgerald Street.
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Owner means the owner of record jnthe county where the real property is situated;
an one identified as the owner on a vacant buildin • • lan and timetable form • the holder
of an unrecorded contract for deed; a mortgage or vendee in possession. a mortgagor
vendor in s ossession. and an assi ee of rents receiver executor trustee lessee or other
person inpossession or with the right to control of the premises or a portion ofthe
remises. An erson who is included in this definition as an owner has oint and several
obli _ ation for com • fiance with the
rovlsions of this article. A tenant who does not have
the ri _t of possession or control of a portion of the building that thatis unoccupied is not an
owner for the purposes of this article.
&cperly maintained means taking measures to:
(1) Prevent the physical deterioration of the building.
2 Prevent a decline in the a s s earance of the buildin includin kee s in
ainted surfaces with a secure and intact coatin • and • reservin
physical deterioration.
Keep_ a buildingin a clean, safe} secure, and sant condition, compliant
with applicable technical codes and life safety bodes.
(4) Prevent the building from becoming an attractive nuisance.
Property maintenance orin nc includes, but is not limited to, the following Code of
Ordinances provisions:
1 Article II Cha . ter 13. Buildin & Housin * Standards Code
Si
a
e without
2 Articles 11 VI VII VIII and IX Cha • ter 14. Technical Construction
Codes Excavations Re
lation of Fill Materials Control of Aeolian Soils and
Control of Solid Waste at Construction Sites)
(3) Article I hater 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 & Dangerous Con litior
Article VI, Chapter 33. (Graffiti control)
7 Division 1 Article I Cha . ter 49. Relates to maintenance and duties related
to streets, sidewal2 and street rights-of-way)
8 Articles XVI and XVII Cha . ter 55. Prohibition on Pollution of the
Munici • al S
arate Sewer S stem MS4 and Maintenance and
•
eration of
Grease Interceptors and it Sand Interceptors)
Secure means to take measures to ensure that the interior of the buildin
accessed by:
1 Unauthorized . ersons without the use of tools or ladders.
cannot be
_ Birds and other animals through broken windows or other openings in the
structure.
Lgrured y pormal measures means the use of structural components of a building.
includin ! fixtures such as doors unbroken windows locks latches electronic neurit
systems. storm _shutters, security shutters, and gills or bars installed at window and door
openings,which were installed while the building was constructed or added to the
buildin while the buildin was occu . ied and bein used for lawful . u . o ss.
Secured by other than normal measures_m an a b ildinkother than the ground flog
openings, secured by means other than those used in the design of a bluilding or that are
normallyinstalled and utilized while a building is occupied and being used _for lawful
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u
oses. The term includes boardin
an
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window or door o s enin * other than ound
floor openings.
Unoccu• ied means not beim * used for a lawful occuane authorized b the certificate of
occupancy issued by the city's building official._
Unsecured means o . en to en . b unauthorized . ersons.
Vacant downtown building means a building located within the downtown area of which
fift
-one ' ercent 51% or more of the floor s . ace is unoccu s ied and has been the sub `ect
of two (2) or more documented violations of any city ordinance
Sec. 13-4003. Enforcement authority.
(a) The administrator administers this article.
b The administrator the administrator's desi
ees and other Code Enforcement
Officials are authorized to enforce the
rovisions of this article.
(c) The administrator shall keep_ a filen all vacant buildin
file ma include an 'ro . ert -s • ecific written statements from eommunit or ani ations
s in the downtown area. The
other interested parties, or citizens regarding the histr roblms, status; or blighting
influence of the vacant downtown building.
Sec. 13-4004. Inspections_
a The administrator ma ins . ect an
remises in the downtown area for the • ose of
enforcin • and ensurin com•liance with the
rovisions of this article.
Upon the request of the administrator, an owner shall
rovide access to all interior
mations of a vacant downtown buildin # in order to ermit a corn s fete ins s ection.
Sec. 13-4005. Notice of vacant downtown building.
a
U . on reasonable sus . icion that a downtown buildin_ ma be a vacant downtown
building by a Code Enforcement Official or recei t of a complaint about a downtown
building, the administrator may cause an inspection of the_ rorty in order to determine
if the buildin • should be classified as a vacant downtown buildin
or s ortion of a buildin * ma be
If the administrator determines that a buildin
classified as a vacant downtown buildin under this article the administrator:
(1) Shall attcmpt to_ contact the owner or an agent of the owner, identified by any
si Li • osted on the . ro . ert b tele hone or b electronic communication such as
b electronic mail or facsimile and advise the owner or a ! ent that it a
. .
ears that
the buildin is a vacant downtown buildin and that the followin
measures need
tojtaken by the owner:
a. file a vacant downtown buildin # s la.n and timetable within seven
days,
kpythe registration fee required by Sec. 13-4 ij
c. take action to correct any observed code violations and
d. take immediate measures to tem oraril secure the buildin from
unauthorized entry and take measures to secure the building by normal or
other than normal means within seven days, as necessary, and
2 Shall mail a notice to the owner with a co s to an a ent identified b an
Si
osted on the . ro . ert that advises the owner that it a
I .
ears that the buildin
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is a vacant downtown building and that the following measures need to be taken
by the owner:
a. file a vacant downtown building plan and timetable within seven(7)
days*
ba th_re_ .stratior fee required by Sec. 13-4010,
c. take action to correct anobserved code violations and
d. take immediate measures to temporarily secure the building from
unauthorized entry and take measures to secure the building by normal or
other than normal means within svn_bs, as necessary, or
(3) May post notice on.the building that it a earsth tt e building is _amt
downtown buildingand that the following measures need to be taken by the
owner:
a. file a vacant downtown building plan and timetable within seven (7)
jays,
b. pay the registrationfee requiredb Sec. 13-4E1_1_1
c._ take action to correct any observed code violations, and
d. take immediate measures to temporarily secure the building from
unauthorized entry and take measures to secure the building by normal or
other -than normal means within seven 7,la, _as necessary, or
c4) May 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 complywith the requirements
of Section 54.005, Texas Local Government Code.
(d) If the owner fails to immediately take measures to temporarily_secure the building
from -unauthorized entry and abate the violation the cit rmay, without further notice
secure theremises and abate the observed violations. The owner is liable forthe costs
incurred by the city to secure the premises and abate the violation, including_arly
Administrative expenses, materials and labor. If the owner does not reimburse the city for
its expenses when billed the administrator shall file a lien against the property for
expenses incurred by the city.
Le) If the owner Utes the administrator's determination that the building should b
classified as a vacant downtown building under this article the owner shall file a written
notice of appeal with the administrator within seven ys from receipt of the notice
provided in this section. The administrator shall schedule a hearin before the hearing
examiner to determine whether the building should be classified as a vacant downtown
building under this article.
Sec. 13-4006. Vacant downtown buildin re stration and ' lan and timetable.
Lai The owner of a vacant downtown building shall register the vant_dwntown
building and files a vacant downtown building plan and timetable with the administrator
not later than seven(7)days after the owner receives verbal or Witten notice under
subsection 13-400a). The administrator is authorized to:
(1) Suspend the rocessin _of anLgitation or complaint for violation of this
article.
0) Extend the period of tune in which the owner of a vacant downtown building
must secure the building bar other than tempora measures.
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(b) The vacant downtown building plan_ and timetable must be submitted on forms
rovided b the administrator and include the followin information su
1
lied b the
owner:
(1) A description of the premises.
2 The names addresses and tele hone numbers of all owners with a ri t of
control over the property.
3 The names and addresses of all known lienholders and all other s arties with
an ownership interest in th _b ilding!
The name, address, and telephone number of the owner's prpemanager
or a ' ent and whether the • ro s ert mana er or a ent has the authorit to
ind
endentl
act on the owner's behalf to re • air or maintain the . ro • ert
The name and address of the ownerthe name and address and contact
information of a erson authorized b the owner to make res s onse to an
emergency or alleged violation related to the vacant downtown building
6 The • eriod oftime the buildin • • eeted to remain vacant.
is
ex
If the owner
lans on returnin i the buildin to a lawful occu . anc and use
the estimated date for returriin
the buildin ' to a lawful occu • ane and use.
If the owner plans on demolishing the building,- the date the building is.
scheduled for demolition.
9 If the owner . lans on rehabilitatin # or renovatin the buildin the dates the
building rehabilitation or renovation is scheduled to commence and be completed.
10 If the owner s lans on retainin # the buildin ' for investment • • oses the
measures that will be taken to
to reduce an adverse im • act on the • ro • ert
values of adjacent propprty from the retention of the vacant building for
investment purposes.
11 A ' Ian for relar maintenance of the buildin durin the . eriod of vacanc
with certification that the buildin ' is com s liant with all a
11
licable codes.
(12)Identify measures the owner will employ to secure the building to prevent
access by trespassers, including but not 1h nited to:
a. Installation and maintenance of adequate windows and doors for first
floor,
b. Installation and maintenance of securit shutters lis and bars for
windows and doors for first floor,
c. Installation and maintenance of ad - ' nate locks for windows and doors
for first floor,
d. Installation o s eration and monitorin of an electronic securit
ystem, which monitors windows and doors by glass breakage or motion
sensors, acrd_ a method of responding to alarms from the electronic security
s stem other than sole reliance on the cit 's • olice de • artment
e. Installation of boards on windows and doors above ground floor,
f. Em ' to ent of watchmen who are licensed • eace officers • ublie
security officers, commissioned_security officers, or noncommissioned
security officers and
g. Any other method approved by the administrator.
fill _ Measures the owner will employ to monitor and inspeLthQproperty on a
weekly basis. The weekly monitoring and inspection must be performed tie
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owner, property manager, or an agent of the owner with full authority to maintain
and make -repairs to the property on a weekl basis.
(14) Locations of the warning signs required by subsections 13-4008(4
(15) Any reasonable related additional information required by the administrator.
fg...)Tikuj____an and timetable submitted by the owner must be approved by the
administrator, which approval may not be unreasonably withheld. The administrator must
a rove or disa rove the land timetable within seven (7) working days of receipt
from the owner. Any plan disapproved must be resubmitted within seven (7) days of
receipt of the notice of disapproval.
improvements, or alterations to the vacant downtown building or on the
erty must comps with all applicable Citcif Corpus Christi technical construction
codes.
fie, The owner shall notify the administrator of any char a in information supplied as
mart of the vacant downtown building plan and timetable within seven (7) days of the
chan e. If the i tan or timetable for the vacant downtown buildin is amended in an wa
the amendments must be approved by the administrator.
W The authority of an agent to maintain and make repairs to property for the owner
must be anted in writin throe a contract or power of attome . The contract or s ower
of attorne must authorize the agent to receive and accept notices from the city on behalf
of the owner.
—The administrator may determine that a building whose owner has filed a vacant
downtown building plan and timetable or that has been the subject of an abatement action
by the city under this section is -no longi vacant downtown building, if:
The owner has secured the building by the means specified in the vacant
downtown building plan and timetable approved by the administrator, and
2 The administrator has inspected the building And detennined the buildrn s
a. 1312p_erly secured
b. There is no solid waste within the building or on the premises,
c. All of tie vie etation on the premises has been properly trimmed
d. There is norfiti on the inside or outside of the building* and
e. Fif v ercent 0% or more of the floor s ace of'the building is being
occupied by a person authorized by the owner.
Sec. 13-4007. Duty to clean and secure vacant downtown building and ren ises.
The owner of a vacant downtown building shall remove any solid waste from the
interior of the building.
The owner of a vacant downtown building shall remove any solid waste or high
weeds and brush from the premises -on which the vacant downtown building is -located.
c The owner shall Ism the premises on which the vacant downtown building is
located and the bilding.proerlintainec until the building is returned to an
authorized occupancy, demolished, or sold.
(d) The owner of a vacant downtown building shall lock or secure all doors windows
and other opening to the vacant downtown building.
fie, The owner shall keep a vacant downtown uildin secured safe and fro • erly
maintained.
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Lo_ For floors other than the ground floor of a downtown vacant buildin ,1 securing
vacant downtown buildin • b normal measures fails to kee . the vacant buildin secure
the owner must use other than normal measures to secure the building, including
boarding the vacant downtown building.
fg) For period not to _exceed seven days, the owner may install and maintain board
on windows and doors on the roue l floor for emergency repairs(krill!, ttime
r w l uired to order and re, lace the window or door with a s . ro s nate material.
remises that results in abatement b
Failure of the owner to secure and maintain the
the city is r ur cls for revocation of the approved vacant downtown building plan and
timetable and the owner is subject to any applica le enalties.
Sec. 13-4008. Standards for boardin # for other than the u ound floor of a vacant
downtown building
aLLExcept as provided in subsection (c) of this section, if the owner is unable to secure
all floors other than the ground floor of a vacant building bynorina1 means the owner
Miall board such floors of the vacant building under_the following specifications and
requirements:
(1) All unwcured_doorways, windows, or other exterior openings must be
covered b wooden structural i anels. However the azed ortion of an otherwise
structurally sound door may be replaced or covered by a wooden panel.
2 Wooden structural • anels ma be installed on the exterior or interior of the
opening,
3 The wooden structural • anels installed on the exterior of a buildin ' must be
flat, square. andlevel, and in a manner accepted as good workmanship. The
administrator has the sole discretion to determine if the work was performed in an
acceptable manner,
f4)_ Required materials._ The wooden structural _panels must be used to cover
doorways, windows, or other exterior openings. The wooden structural panels
must be com • osed of C X exterior , ade .1 old or oriented strand board
"OSB
with a minimum one-half 1/2 inch nominal seven -sixteenths
7/16
inch actual thickness. The administrator ma a
11
rove the use of alternate
materials.
R uired fasteners and hardware. All metal fasteners and hardware must be
.1
made of stainless steel galvanized steel, or cadmium plated steel.
R
_,
uired coatin
s. All exterior materials used to board a vacant buildin
must be • minted with a minimum of two 2 coats of exterior
ade latex , aim that
is black white the predominant color of the building, or a color approved by the
administrator.
fILApproved methods for installir _e teriorwooden structuralpanels.
a. Wooden structures with wood trim surrounding window and door
openings.
1. If there is a sill that extends beyond the face of the building, the
bottom of the wooden structural panels must be flush with the sill
and the wooden structural • anels must extend at least four 4
inches on the tp_ o calk side of the oeni
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2. If there is no sill or the sill does _riot extend beyond the face of
the buildin the wooden structural s anels must and extend at least
four inches on the top, bot om, and on each side of the opening.
3. The wooden structural panels must be attached to the building
and window b wood screws la bolts or carria a bolts. A washer
must be installed between the head of the screw or bolt and the
wooden structural panel. If carriage bolts are used that extend into
the interior of the buildin • washers must be used between the nut
and the interior surface.
4. Wooden screws and la_ bolts must be secured to the structural
framing member surrounding the opening.
5. The structural wooden s anels must be attached under the
following table:
TABLE INSET:
Fastener Type
Fastener Baan
-�
-- .
-
Panel span
---
4 foot
-----_
panel span
i- -- - - -- --
foot < panel span
foot
6 foot
= 8 foot
2 11I2" Wood
16"
12"
}R
screws
2 112" #8 Wood
1 1
1 "
12"
screws
6. The fasteners must be installed at opposing ends of the wooden
structural pant.
jMasonrystructures or structures with brick facades with wood
trim surrounding window and door openings:
1. If there is a sill that extends beyond the face of the building, the
bottom of the wooden structural panels must be flush with the sill
and the wooden structural panels must:
A. Cover the window or door opening.
B. Be flush with the sill.
C. Either be set into or be flush with masonry wall or
brick facade on tl n and both sides of the opening.
2. If there is no sill or the sill does not extend beyond the face of
the building, the wooden structural panels must be either set into or
be flush with the masonry wall or brick facade on the top bottom.
and on each side of the window opening.
. The wooden structural panels must be attached to the building
by wood screws, lag bolts, or carriagebolts. A washer must be
installed between the head of the screw or bolt and the wooden
strut ur anel. If caningbolts are used that extend into the
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interior of the buildin washers must be used between the nut and
the interior surface.
4. Wooden screws and 1a • bolts must be secured to the structural
framing member surrundin the cin,
5. The structural wooden panels must be attached under the
following table:
TABLE INSET.
Fastener Type
Fastener Spacing
Panel snan
=
4 foot < panel span <=
<= foot < panel span
foot
6 foot
<= 8 foot_
a.1/2"#6 wood
16"
-
12"
11
y
screws
2JL2"Woo...
16"
16"
12"
—
screws
6. The fasteners must be installed at o • • osin ends ofthe wooden
structural panels.
c„.,._ Masonry structures or structures with brick facades with_metal
trim surrounding window and door opus:
1. If there is a sill that extends beyond the face of` the building, the
bottom of the wooden structural panels must be flush with the sill
and the wooden structural panels must:
A. -hover the indo __ r slporopening.
B. Be flush with the sill.
C. Either be set into or be flush with maso wall or
brick facade on the top and both sides of the opening.
2. If there is no sill or the sill does not extend beyond the face of
the building,_ the wooden structural_ weirs must be either set into or
flush with the mason wall_or brick facade on the top, bottom. and
on each side of the opening.
3. The wooden structural . anels must be attached to the metal
trim b_mta1 screws, lag bolts, or carriage bolts. A. washer must be
installed between the head of the screw or bolt and the wooden
structural panel. If carriage bolts are used that extend into the
interior of the building, washers must be used between the nut and
the interior surface.
. Metal screws and lag bolts must be secured to the metal
structure used to frame the
. The structural wooden panels must be attached under the
following table:
TABLE INSET:
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Page 11 of 16
Fastener T
Fastener Spacing
Panel _span -- 4
4 foot < panel span <=
6 foot < panel span
foot
6 foot
<= 8 foot
2 12 Woad
•
12"
9
screws
2 1/2" #8 wood
Z..iL2"#Wood
�+ 1
12"
6. The fasteners must be installed at opposing ends of the wooden
structural panels.
d. Mason structures or structures with brick facades with no tri
surrounding windows.
1. A wooden frame constructed of with two-inch by four -inch
nominal dimensional lumber must be installed around the
perimeter of the opening
2. The wooden frame must be secured tothe masonrywall or
brick facade with lag bolts and vibration -resistant anchors having a
minimum ultimate withdrawal capacity of four hundred ninety
(490) pounds.
3. The wooden -s r t al panel _must be attached to the wooden
frame using wood screws.
4. The structural wooden panels must be attached under the
following table;
TABLE INSET:
Fastener Te
Fastener Spacing
--�
Panel span <=4
4 foot panel span <=
<= 6 foot < panel span
foot
6 foot
<= 8 foot
2 112" #6 Wood
1
1� +�
9 ,,
screws
2 1/2" #8 wood
16"
16"12"
s
5. The fasteners must be installed at opposing ends of the wooden
structural panels.
e. The administrator ma as 'rove the use of blocks cli . s or other
special hardr&Jtems or alternate methods for installing wooden
structural panels.
_ All broken glass and an other loose material must be removed from the
opening before the wooden structural panels are installed.
(9lExterioraccess to floor areas above the first floor, such as fire escapes and
ladders, must be either:
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a. Removed u to the second floor level or to a height of thirteen(13)
feet above the ground, whichever is lesser.
b. Secured to the satisfaction of the administrator.
(10)Fascia signs, overhanging signs, roof si _s_and all other appurtenances,
such as sun visors or awnings must be removed if they are in a dangerous
condition or could create such a condition.
(11)All loose or defective materials trim, or structural elements on the exterior
ofthe building must be removed. - (12)Any condition which ma become a hazard or danger to the public must be
corrected.
r u tcor7rectd.
The owner of an unoccu ied boarded vacant downtown building shall post the
r
premises.
(1) One (1) or more signs must be posted at or near each entrance to the building
and on fences or walls, as appropriate.
(2) The signs mist remain posted until the building is either lawfully occupied or
demolished.
(3) The si must contain the following information:
DO NOT ENTER
It is a misdemeanor to enter or
occupy this building or premises or
to remove or deface this notice.
Trespassers will be prosecuted.
4)The letterin of the si must be at least a fort -ei • t- s oint font t as a size.
(c) Due to unique architectural features instead of boarding a building in the manner
specified , ecti n a o tis section, the administrator may allow the owner to
secure the vacant downtown building in a manner that adequately prevents unauthorized
entry or vandalism.
Sec. th4009. Pqintins exterior panels on boarded buildings.
When an owner of a vacant downtown building boards up a buikling, the owner shall
apply at least two 12)coats of exterior paint to the exterior panels installed on all
oohs, windows and doors. The coat of exterior s aint must be black, white, the
predominant color of the building, or a color approved by tire -administrator.
Sec. 13-401. Registration and inspection fees for vacant downtown building§
The owner of each vacant downtown building shall pay to the administrator an initial
vacant downtown re station fee of 1 000.00 an annual re -re `stration fee of
1,900.00, and an inspection fee of $450.00 every third month during each year the
building is -refire to a re i tered. The registration fee and the re -re *station fees
include the cost of an ins ection. The re :station and inspections fees are transferable to
subsequent owner of the building and/or premises.
Sec. 13-4011. Inspection of vacant downtown buildings.
(a) The administrator skull provide for the inspection of each vacant downtown buildin
not less than once every three months by Code Enforcement personnel and for the
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inspection ofeach vacant downtown building not less than annually by personnel from
the Building Official and the Fire D arrtrnent t
The inspection shall be conducted to determine compliance with thisjirticle and all
gpplicable codes.
c The results of the ins ' ection shall be s rovided to the owner of the vacant downtown
buildin
and the ' erson desi
Med b the owner to make res s onse to an emer enc or
alled violation related to the vacant downtown buildin
d The administrator ma , eriodicall reins • ect vacant downtown buildin s to ensure
compliance with the provisions of this article.
Sec. 13-4012. vatchman_required.
a oardigthe use of electronic monitoring systems, or the use_of other methods
fails to kee , unauthorized , ersons from enterin_ an unoccu s ied vacant downtown
building, upon direction by the administrator* the owner shall have a watchman on duty
u. on the .remises eve da continuous) between the hours of 4:00 .m. and 8:00 a.m.
The watchman must remain on duty claily_during the required hours until the
building is either legally occupied, demolished or sold.
Sec. 13-4013. Entry or interference with noticerohibited.
(41.No person na enter or occupy any building that has been posted under subsections
13-4008 • exce . t to re , air or demolish the buildin • under 'ro . er . emit or for a • u • ose
authorized by the owner, or as allowed under subsection 13-4005(4
No . erson ma remove or deface an notice that has been • osted under subsections
13-4008(biuntil the required repairs or demolition have been completed or a certificate
ofoccupancy has been issued by the buildofficial.
Sec. 13-4014. Reinspection.
a If there is • robable cause to believe that a code violation ma be resent or
occurrin
the administrator ma
eriodicall reins . ect vacant buildin ' s to ensure
compliance with the provisions of this article.
The administrator shall assess a reins • ection fee of four hundred fift dollars $450
a ainst the owner ofa vacant downtown buildin * for each unscheduled reins s ection of
the buildin as is reasonably necessary to determine corn trance with the standards and
roedures in this article.
Seo. 13-4015. Notification.
Once every six (6) months the administrator shall send to the city council a list of all
vacant downtown buildin i s that have become known to the administrator L.il i the
re eding
sixkampriths.
Sec. 13-4016. Abatement expenses of city.
The adrninistratorshall # after completing he_a atement, maintain a record of the costs
incurred or expended_by the city to abate the nuisance, including:
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1 The costs of • rovidinnotice to the owner and lienholder includin' time
spent research the i entity f ` the owner and lienholder, preparing_the notice,
postage, and publication costs.
(2) Personnel costs involved with inspecting_the property.
3 Personnel costs involved in abatin _ the nuisance b cit em m to ees.
Prorated costs of the use of any city vehicles used to inspect the property=
ca Prorated costs of the use of any city vehicles or equipment used to abate the
nuisance.
Costs of any materials or supplies purchased or furnished by city.
An overhead char' a of twent -five 25 • er cent of the total ex . enses
incurred for administration for each abatement action.
,Costs of any contracted services, including the costs ofmaterials, supplieL
and labor provided b the cit 's contractor.
Sec. 13-4017. Continuous abatementauthority.
If a vacant downtown building or premises surrounding the building previously abated by
the owner or the administrator under a notice and order to abate a ain is in violation of
the same provision of pity code within one (1) year of the notice and order to abate, and
the administrator has not been informed in writing by the_ wnr ofan ownership change,
the administrator may, without further notice to the owner,pr_oceed to abate the violation
and recover costs as provided for in this article.
Sec. 13-4018. Continuous public nuisances.
(a) vacant downtown building may declared a continuous_public_nuisance by the
&ininistrator if the building, which was secured by the owner following a notice and
order to abate or secured b the administrator, continues to be in violation of city codes
on a . eriodic basis and the administrator is reuired to either issue additional notice and
order to abate to the owner or abate the violation through a city abatement action.
(b) The administrator may seek demolition of a vacant downtown building that is a
continuous public nuisance b seeir a court order or followin an of the
administrative abatement procedures found in this chapter, which affords the owner glue
process, including notice and a hearing.
Sec. 13-4019. Alternative procedures.
Tothi in this article may be deemed to abolish or impair existing authorl r r remedies
of the city.
Sec. 13-4020. penalties.
fa) Any person violating any provision of this article may be punished by a fine not to
exceed two thousand dollars ($2,000.00).
(b) Any person convicted of a subsequent violation of this article may be fined not less
than five hundred dollars '► 500.00 nor more than two thousand dollars 2 000.00 .
(c) culpable mental state of recklessness is r- • uired for an offense under this Article.
(d) A violation of this article is a violation of a rule, ordinance, or police regulation_that
governs fire safet or ublic health and sanitation, including i1i_umn:
(e) Each aviolation of this article continues constitutes a se crate offense."
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SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance are
hereby expressly repealed.
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 the City Council that
every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force
and effect for its purpose.
SECTION 4. A violation of this ordinance or requirements implemented under this ordinance
constitutes an offense punishable under Section 1-6 of the City Code of Ordinances.
SECTION 5. That publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 6. This ordinance shall take effect upon and after publication of this ordinance.
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Page 16 of 16
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of , 2008, by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
That the foregoing
day of
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Mare
Nelda Martinez
Michael McCutchon
ordinance was read for the second time and passed finally on this the
2008, by the following vote:
464-14
11-b.z4,t-
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
PASSED
AND APPROVED, this the
ATTEST:
2008.
Armando Chapa
City Secretary
APPROVED as to form: January 21, 2008
By:
• s,
itL)
'4
Smith
Assistant City Attorney
For City Attorney
027588
H:\LE -D1 \ ared\Gary \agendal2oo 12-12\ RI -vacant downtown buildings.l.doc
PUBLISHER'S AFFIDAVIT
0.A6430
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces 1 Ad # 5841451
PO #
Before me, the undersigned, a Notary Public, this day personally came CRIS
HURTAD, who being first duly sworn, according to law, says that she is
LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER
namely, 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, Kleber , Live Oak,
Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the
publication of, NOTICE OF PASSAGE OF ORDINANCE No. 027588 which the
annexed is a true copy, was inserted in the Corpus Christi Caller -des on the
25th ofalic;:=2-, 200J
$128.76
LEGAL SALES REPRESENTIVE
1rime(s)
On this 21 day of _ , 2 Oad certify that the attached document
is a true and an exact copy made by publisher.
Notary Public, tate of Texas
ruary 25, 2008
Legal Notices 1110
NOTICE OF
PASSAGE OF
ORDINANCE
NO. 027688 -
',enacting new rtio
f hapter 1 ;
-Code of Ordlnances,1
entitled "Vacant Dorn-
town Buildings:
establihing property.
maintenance, security;
and monitoring pr vk.
sions required foe:
.vacant. downtown
'properties; establlh
;ng downtown vaoant:-
buildin reglstratier,
and :inspection re-
`q-uirement_s
establishing fees; es
!,tablishing enforcement
providing'
,,an effective date; ro
riding for penaitles =
..and providing for pubic:
ation. This ordinane
-51
=was passed and ap.
{proved °n. its second
reading by the City:
":Council of the CityoC
-Corpus Christi on eb=
ruary 19.2008.. ..
_ is/Armando Dhapa4
.iCity Secretary..
ty,of,cp ua Ch :