HomeMy WebLinkAbout030532 ORD - 06/16/2015 Ordinance
amending the Corpus Christi Code of Ordinances Chapter 13, Article II to repeal
the adoption of the Southern Standards Housing Code, 1973 Edition and to
adopt the Corpus Christi Property Maintenance Code; amending Chapter 13,
Article II to extend the time to appeal Building Standard Board decisions and
allow for the recoupment of title search expenses; amending Chapter 13, Article
II, Division II to modify the definition and procedures for junk vehicles;
amending §13-3002 to add the definition of hearing officer; repealing Chapter
13, Article IV in its entirety; repealing in its entirety Ordinance No. 12826
regarding fire breaks; authorizing the City Manager or his designee to execute a
licensing agreement with the International Code Council for copyright use of the
International Property Maintenance Code; providing for severance; providing for
penalties; providing for publication; and providing for effective date.
WHEREAS, the City Council desires to provide a uniform and updated minimum
property standards code for the City of Corpus Christi by incorporating the "Corpus
Christi Property Maintenance Code" into the Corpus Christi Code of Ordinances;
WHEREAS, in order to properly incorporate the Corpus Christi Property Maintenance
Code, it is desired that amendments be made to §13-20 et seq of Chapter 13 of the
Corpus Christi Code at Article II Building and Housing Standards Code, Division I, which
in pertinent part repeals the adoption of Chapters II and III of the 1973 Edition of the
Southern Standards Housing Code as the minimum property maintenance code for the
City and adopts the Corpus Christi Property Maintenance Code as the minimum
property maintenance code for the City;
WHEREAS, it is desired that amendments be made to §13-38 et seq of Chapter 13 of
the Corpus Christi Code at Article II Building and Housing Standards Code, Division II,
Junked Vehicles, to include watercraft and aircraft in accordance with laws of the State
of Texas;
WHEREAS, it is desired that amendments be made to §13-3002, the definition section
of Chapter 13, of the City Code, Article III Vacant Buildings;
WHEREAS, it is desired that §13-4001 et seq, Chapter 13 of the City Code at Article IV
Downtown Vacant Buildings, be repealed as §13-3001 et seq, Chapter 13 of the Corpus
Christi Code at Article III Vacant Buildings, provides uniform and updated standards in
association with the Corpus Christi Property Maintenance Code;
WHEREAS, Ordinance No. 12826 adopted in 1975 regarding fire breaks was never
incorporated into the Corpus Christi Code. As uniform and updated standards are to be
incorporated into the Corpus Christi Property Maintenance Code, it is desired that
Ordinance No. 12826 be repealed;
030552 Page 1of40
INDEXED
WHEREAS, the Corpus Christi Property Maintenance Code will contain substantial
copyrighted material from the 2009 International Property Maintenance Code (IPMC)
which is copyrighted work owned by the International Code Council (ICC) and in order
to be reproduced by the City, written permission of the ICC is required. Accordingly, it is
desired that the City Manager or his designee be authorized to execute a licensing
agreement with the ICC for copyright use of the IPMC.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS that:
SECTION 1: The Corpus Christi Code, §13-20 et seq of Chapter 13, Article II Building and
Housing Standards Code, Division 1, entitled "Generally", is amended by adding the following
language that is underlined (added) and deleting the language that is stricken (deleted) as
delineated below, therein in pertinent part, repealing the adoption of Chapters II and III of the
1973 Edition of the Southern Standards Housing Code as the minimum property
maintenance code for the City and adopting the Corpus Christi Property Maintenance Code
as the minimum property maintenance code for the City, in the form incorporated and as
posted online at http://www.cctexas.com/Assets/Departments/Police/Code-
Enforcement/files/CouncilExhA CCPMC FinalDraftvACM.PDF since March 24, 2015:
"CHAPTER 13 CODE ENFORCEMENT, HOUSING AND HOUSING PREMISES STANDARDS,
AND NEIGHBORHOOD IMPROVEMENT
ARTICLE II. CORPUS CHRISTI PROPERTY
MAINTENANCE CODE
DIVISION 1. GENERALLY
Sec. 13-20. Short title;ssepe Adoption of the Corpus Christi Property Maintenance
Code.
The Corpus Christi Property Maintenance Code is hereby adopted as the minimum
property maintenance code for the City. A copy of the adopted code is on file with the
City Secretary's Office.
des-
Page 2 of 40
fie&:
Werkiinrrtrng-ar ,er.
tUYY-
amended,
- -- - --- :, • _ _ • - -- - e • _ , - - • • •_- z- _ - - _ - -
Page 3 of 40
„ .•• .- .
- - '• A 4 - - -
reading-as--fellows
switches
.. •- - - -
„
appoars: "and/or any other structure.”
• -
read-as follows:
., -
Sec. 13-21 23. Establishment of organization to enforce article-Corpus Christi Property
Maintenance Code; code official and building standards board.
(a)There is hereby established in the city an organization for the enforcement of this
cede the Corpus Christi Property Maintenance Code or of any rule or regulation
concerning the health, safety, or general welfare adopted by the city as it relates to
structures or premises, consisting of(1) a building standards board, and (2)the office of
the code enforcement division. e ••-•- - • - - e - - - - • -- - --- - • -.
(1) Building standards board.
(i) There is hereby created a building standards board hereinafter referred
to as "the board" to be composed of seven (7) members, each of whom
shall be a resident of the city. Such board shall be composed of one
Page 4 of 40
lawyer, and three (3) members chosen from the following: A realtor, an
architect, an engineer, a general contractor, a home builder or a building
materials dealer; and three (3) members at large from the residents of the
city who are homeowners. This board shall be appointed by the city
council.
(ii) Of the members first appointed, three (3) shall be appointed for a term
of one (1) year, two (2)for a term of two (2) years, two (2)for a term of
three (3) years, and thereafter they shall be appointed for terms of three
(3) years. Vacancies shall be filled for an unexpired term in the manner in
which original appointments are required to be made. The unexcused
absence of any member from three (3) consecutive official meetings of
the board shall automatically terminate his membership on the board.
(iii) Four(4) members of the board shall constitute a quorum. In varying
the application of any provisions of this code or in making any decision,
affirmative votes of the majority present, but not less than four(4)
affirmative votes, shall be required. No board member shall act in a case
in which he has a personal interest.
(iv) The board shall establish rules and regulations for its own procedure,
not inconsistent with the provisions of this code. The board shall meet at
regular intervals to be determined by the chairman, and shall meet for
such hearings as are required to be held upon complaints filed by the
official and for such hearings as are requested in writing by a citizen
whose property is, or may be, affected adversely by the application of any
provisions of this code.
(2) The office of the code enforcement division is created and established in
accordance with the provisions of.103 of the Corpus Christi Property
Maintenance Code, wherein the director of the code enforcement division, or such
other city officer or employee as the City Manager may designate in writing, shall
be known as the code enforcement official, hereinafter the "code official". There is
Page 5 of 40
organization
Sec 13-24.
(a)The official shall keep or causo to be kept a record of the business of this office. The
and inspect the premises.
or-any-other-use,
Seo,1-3-25, ,, - • - - -
Page 6 of 40
•
f4l
- - - - - •• - -- •-- • - - - -• -• --- of the city.
force.
Sec. 13-22 26 . Procedure for eliminating substandard conditions.
(A) Notification Notice of violation. Whenever the code official determines that there are
reasonable grounds to believe that there has been or continues to be a violation of any
the Corpus Christi Property Maintenance Code or of any rule or
regulation concerning the health, safety, or general welfare adopted by the city as it
relates to structures or premises, he shall give notice of such alleged violation to the
owner of the property as per a method enumerated in subsection (C)(D) below. Such
notice shall:
(1) Be in writing.
(2) State the nature of the violation or violations.
Page 7 of 40
(3) State the violation provision or provisions of this codo the Corpus Christi
Property Maintenance Code or any other relevant code of the city that is being
violated and why the notice is being issued.
(4) State the penalty and penalty provision of t# cede the Corpus Christi
Property Maintenance Code or any other relevant code of the city.
(5) State that the code official will take further action pursuant to the dards
Corpus Christi Property Maintenance Code cede if the violation is not cured within t.I4Fty-(30)
30
days of receipt of the notice specified in this subsection.
n Include a description of the real property sufficient for identification
(7) Inform property owner of the name and phone number of the code official or designee.
(8)When a notice is provided under this section, the code official may inform the
owner that if the owner commits another violation of the same subsection of this code
on or before the first anniversary of the date of the notice, the City, without further
notice, may proceed with the prosecution of said violation.
(B) Action upon failure to comply with notice. Whenever the
owner, after notification as per subsection (A), informs the code official that he refuses to
voluntarily comply with the requirements of this-soda the Corpus Christi Property
Maintenance Code or to voluntarily cure the defect or defects brought to his attention by
the code official, or whenever the alleged violation or violations are not cured within thirty
(30)30 days of receipt of the notice described in subsection (A), or within such further
time as may be agreed between the code official and the owner or occupant, or
whenever the notice pursuant to subsection (A) is given as per the method enumerated
in subsection (C)(D) (3)L and 30 days have elapsed from the date of first
publication, the code official:
(1) may May proceed to enforce the penalty provision of this section or the
Corpus Christi Property Maintenance Code in municipal court;and,
(2)attematively Alternatively or additionally, the code official shall present a
complaint to the building standards board.
(C) Building standard board procedure. Upon presentation of a complaint by the code
official, the The board shall hold a hearing upon the complaint not less than ten (10) 10
days nor more than forty 45 days after the complaint is filed with the chairman,
and the code official shall give reasonable notice of at least ten (10) 10 days, as per a
method enumerated in subsection (C)(D) below, of said hearing, to the owner, and, if
Page 8 of 40
the premises are to be vacated, to the occupant, if different from the owner. Such notice
of the board hearing shall:
(1) Be in writing.
(2) State the time, date, and place of the hearing.
(3) State the nature of the violation or violations.
(4) State the violation provision or provisions of this cede the Corpus Christi
Property Maintenance Code or of any other relevant code of the city that is being
violated.
(5) State the remedy to be sought at the hearing by the code official.
(6) State that the owner, or the occupant, if the premises are to be vacated, shall come befor
the board at the hearing and show cause why the remedy to be sought by the code official
should not be granted.
(7) Include a description of the real property sufficient for identification.
(8) Inform property owner of the right to appeal.
(9) Include a statement of the City's right to file a lien.
The city may hire a professional for the purpose of determining the identity and
address of a property owner, lienholder, mortgagee, or other person or entity with
an interest in the property, to which the city is required to give notice under this
section. The city has the power to cause the expense thereof to be assessed on
the real estate of the lot or lots upon which such expense is incurred on filing with
the county clerk of Nueces County a statement by the mayor, city health officer, or
the code official of the city, of such expenses. The city shall have a lien thereon to
secure the expenditure so made and ten (10) per cent interest on the amount from
the date of such payment. For such expenditures and interest, as aforesaid, suit
may be instituted in the name of the city, and the statement of expenses so made,
as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount
expended in such work.
(C4(D) Method of notice. Service of any notice required by this code article or the
Corpus Christi Property Maintenance Code shall be accomplished by any of the
following enumerated methods:
(1) By delivery to the owner or by leaving the notice at the usual place of abode
of the owner with a person of suitable age and discretion: or
(2) By depositing the notice in the United States post office by certified mail,
return receipt requested, addressed to the owner, agent, or person in control of
said structure or premises at his last known address, postage prepaid thereon; or
Page 9 of 40
(3)Where the owner is unknown or his whereabouts is unknown, or where
service of notice has failed under subsections (1) and (2), by an official notice in
a generally circulated and recognized Corpus Christi newspaper, to be published
twice within a ten-day period.
(4) If the notice is returned showing that the letter was not delivered or unclaimed, a
copy thereof shall be posted in a conspicuous place on the front door of each
improvement situated on the affected property or as close to the front door as
practicable. The original letter which was not delivered or unclaimed shall be kept on
file in the Code Enforcement Division.
(D)(E)The provisions of subsection (B) do not preclude a person who has received
notice under subsection (A)from requesting and receiving a hearing before the board
under subsection (C) prior to, or instead of, a complaint being filed by the code official.
Said request shall be in writing and directed to the chairman of the building standards
board. A hearing requested under this subsection shall be held as soon as possible and
in any event no later than thiFty-(-39)30 days from date written request for hearing is
received by the chairman.
(E)E Provision for emergency. Notwithstanding the foregoing provisions of this section,
when a structure or premises, or the manner of its use constitutes an immediate and
serious danger to human life or health or to property, emergency measures may be
taken by the code official, in accordance with §109 of the Corpus Christi Property
Maintenance Code as . . : - - - . _ _ . -- -- - - - - - - - - - - - - --- -
(-E-) _Building-cede Technical Construction Codes applicable. Where a structure or
premises is requested or ordered, after hearing, to be repaired pursuant to this code or
the Corpus Christi Property Maintenance Code, such repair, rehabilitation or restoration
shall become subject to the provisions of Ordinance No. 1260'1 the Technical
Construction Codes, found at §14-201 et seq of this City Code, "
Cade"as such provisions pertain to the repair of existing buildings, including but not
restricted to the requirement of obtaining a permit from the building official under said
building code.
(G)(H) Hearings and orders.
Page 10 of 40
(1)The following decisions may be made by the building standards board upon the
hearing in ordering the repair, vacation, or demolition of any building or structure:
(a) If the substandard building or structure can reasonably be repaired so
as to be in compliance with this code or the Corpus Christi Property
Maintenance Code, it shall be ordered repaired within 30 days,
or such longer time period as the board may decide in the circumstances.
Such order must state that the repairs be in compliance with section 13-
26( )(al.
(b) If the substandard building or structure is so damaged, decayed,
dilapidated, unsanitary, unsafe, or vermin-infested that it creates a
serious hazard to the health or safety of the occupants or the public, it
shall be ordered to be vacated within a prescribed time and shall be
placarded to prevent occupancy until the building or structure is brought
up to all minimum standards of this code or the Corpus Christi Property
Maintenance Code, within thirty(30)30 days or such longer time period
as the board may decide in the circumstances at the hearing.
(c) If the structure or premises cannot be repaired because of the refusal
of owner or its intrinsic state of disrepair or both and is dilapidated or
substandard, it shall be ordered removed or demolished and removed
from the premises within thirty(30)30 days or such longer time period as
the board may decide in the circumstances at the hearing. The board's
decision shall be in writing and shall indicate the vote upon it. Every
decision shall be promptly filed in the office of the code official and shall
be open to public inspection; notice of their decision shall be sent as per
section 13-26(G) and a copy of said notice shall be kept posted in the
office of the code official for two (2)weeks after filing. The board shall in
every case reach-a decision without unreasonable or unnecessary delay.
(2) If, after the decision of the board as per(a) above, to either repair, rehabilitate,
remove or demolish any building or structure, the owner refuses or fails to comply
with the decision of the board within thirty(30) 30 days of the date of the board's
decision, or such longer time period as the board may have allowed at the
hearing, or within such extension of time as may be authorized by the board in
writing pursuant to section 13-27 below, the code official may repair or demolish
such building or structure and clean up the premises and remove all related debris
by doing work itself or causing the work to be done and pay therefor, and shall
charge the expenses incurred in doing or having such work done to the owner of
such property as herein provided. The city, in addition to the foregoing remedy,
has the power to cause the expense thereof to be assessed on the real estate of
Page 11 of 40
the lot or lots upon which such expense is incurred on filing with the county clerk
of Nueces County a statement by the mayor, city health officer, or the code official
of the city, of such expenses. The city shall have a lien thereon to secure the
expenditure so made and ten (10) per cent interest on the amount from the date of
such payment. For such expenditures and interest, as aforesaid, suit may be
instituted in the name of the city, and the statement of expenses so made, as
aforesaid, or a certified copy thereof, shall be prima facie proof of the amount
expended in such work.
The city may punish any owner or occupant or interested party for violating the
provisions of this code, ordinances and regulations of the city by such proceedings and
penalties as are provided for criminal actions.
Sec. 13-23 2-7. Hardships.
Where the literal application of the requirements of this code or the Corpus
Christi Property Maintenance Code would cause undue hardship, exception may be
granted by the board at the hearing held. Such exception shall be made in writing and
only when it is clearly evident that reasonable safety and sanitation is assured, and such
exception shall be conditioned in such manner as to achieve that end. Such conditions
may include restrictions not generally specified by this code or the Corpus Christi
Property Maintenance Code.. Exception granted in accordance with this subsection may
be subject to review by the city council.
Sec. 13-24 28. Appeals.
(a)Whenever it is claimed that the decision of the building standards board is erroneous,
or that the decision of the board would cause undue hardship, the owner or occupant, or
his duly authorized agent, may appeal from the decision of the board to the city council.
The decision of the board is final unless notice of appeal to the city council is given.
Notice of appeal from the decision of the board shall be in writing and filed with the city
secretary within • == - e- - - - - -- = - - - - - - - -- - --- -
30 days from the rendition of the decision of the board. The appeal shall state
specifically the error alleged to have been committed by the board.
(b)When an appeal is pending, all orders of the board shall be suspended in their
operation. The city council, on appeal, may vary the application of any provision of this
code to any particular case when the enforcement thereof would do manifest injustice
and would be contrary to the spirit and purpose of this code, the Corpus Christi Property
Maintenance Code or public interest or when, in its opinion, the decision of the board
should be modified or reversed.
Page 12 of 40
(1) A decision of the city council to vary the application of any provision of this
code or the Corpus Christi Property Maintenance Code, or to modify an order of
the board in whole or in part shall specify in what manner such modification is
made, the conditions upon which it is made and the reasons therefor.
(2) If the decision of the city council reverses or modifies the refusal, order, or
disallowance of the board or varies the application of any provision of this code, or
the Corpus Christi Property Maintenance Code, the code official shall immediately
take action in accordance with such decision.
(c) The decision of the city council shall be final unless the aggrieved party appeals by
instituting suit for that purpose in any court having jurisdiction within fifteen (15) 15
days from the date on which the decision of the city council was rendered.
Sec. 13-29. Penalty.
• _ -
Sec. 13-25 30. Disposition of items of personal property in buildings to be demolished.
In the event there are items of personal property in the premises to be
demolished, according to the provisions of section 13-26, additional notice as per section
13-26(C.)(D) shall be given to the effect that if such items of personal property are not
removed from the premises within thicty-(40)30 days, they shall be placed in storage for
a period of 90 days. During this period they may be redeemed by the owner
after all costs incurred in placing the items in storage and all accumulated storage fees
have been paid. In the event that the property is not redeemed withinninety-(90)90 days
the city may cause the same to be sold at auction. The proceeds of the sale shall be
used to pay for any costs incurred in the storage of the property and any excess amount
shall be set off against the cost of demolition to be charged to the owner.
Page 13 of 40
Secs. 13-26 34-—13-37. Reserved.
SECTION 2: The Corpus Christi Code, §13-38 et seq of Chapter 13, Article II Building and
Housing Standards Code, Division II, entitled "Junked Vehicles" is amended by adding the
following language that is underlined (added) and deleting the language that is stricken
(deleted), to include watercraft and aircraft, as delineated below:
"CHAPTER 13 CODE ENFORCEMENT, HOUSING AND HOUSING PREMISES STANDARDS,
AND NEIGHBORHOOD IMPROVEMENT
ARTICLE II. ' - e - • • e - ! - - - - e • - e - ! ! CORPUS CHRISTI PROPERTY
MAINTENANCE CODE
DIVISION 2. JUNKED VEHICLES
Sec. 13-38. Junked vehicles declared to be public nuisance.
(a)A junked vehicle, including a part of a junked vehicle, that is visible at any time of the year
from a public place, public right-of-way, or adjacent private property:
(1) Is detrimental to the safety and welfare of the public;
(2)Tends to reduce the value of private property;
(3) Invites vandalism;
(4) Creates a fire hazard;
(5 )Is an attractive nuisance creating a hazard to the health and safety of minors;
(6) Produces urban blight adverse to the maintenance and continuing development of
the city; and
(7) Is a public nuisance.
(b)A junked vehicle, in accordance with the procedures for abatement and removal in
Chapter 683 of the Texas Transportation Code and as defined herein therein, is declared to
be a public nuisance subject to regulation.
Sec. 13-39. Definitions.
(a)Antique vehicle means a passenger car or truck that is at least twenty-five (25)years old.
(b) Inoperable means, due to mechanical failure, breakdown, or disrepair, cannot be started,
driven, operated, steered, or stopped under its own power without causing damage to the
vehicle.
(c)Junked vehicle is as defined in Chapter 683 of the Texas Transportation Code. means a
vehicle - • - - - -' '-, - - -- •' - , • - . - - - _ -
An unexpired licence plate• er
Page 14 of 40
(2)Is:
(d) Motor vehicle collector means a person who:
(1) Owns one (1) or more antique or special interest vehicles; and
(2)Acquires, collects, or disposes of an antique or special interest vehicle or part of
an antique or special interest vehicle for personal use to restore and preserve an
antique or special interest vehicle for historic interest.
(e) Ordinary public view means visible at any time of the year from any public right-of-way,
public property, or from private property which is owned or occupied by a person other than
the property owner or occupant of the property on which the vehicle is located.
(f) Special interest vehicle means a motor vehicle of any age that has not been changed from
original manufacturer's specifications and, because of its historic interest, is being preserved
by a hobbyist.
Sec. 13-40. Enforcement; notice.
(a)The procedures for abatement and removal of a junked vehicle must be administered by
code enforcement officials employed by the --•- -- --- - - .- - -- ••- - ode
enforcement division of the city, or other regularly salaried, full-time employees of the city
that may be designated from time to time by the city manager, except that any authorized
person may remove the nuisance.
(b) Persons authorized to administer the abatement and removal procedures may enter upon
private property to examine a junked vehicle, obtain information to identify the junked
vehicle, and to remove or direct the removal of the junked vehicle.
(c) Following investigation of a public nuisance, the notice procedures set out in this section
must be followed for the abatement and removal of a junked vehicle from public or private
property or a public right-of-way:
(1)A notice must be personally delivered, sent by certified mail with a five-day return
requested, or delivered by the United States Postal Service with signature
confirmation service to:
a. The last known registered owner of the nuisance;
b. Each lienholder of record of the nuisance; and
c. The owner or occupant of:
1.The property on which the nuisance is located; or
2.If the nuisance is located on a public right-of-way, the property
adjacent to the right-of-way.
(2)The notice must state:
a. The nature of the public nuisance;
Page 15 of 40
b. That the nuisance must be abated and removed not later than the tenth
day after the date on which the notice was personally delivered or mailed;
c. Describe the right to request a hearing; and
d. State that any request for a hearing must be made before the ten-day
period expires.
(3) In addition to the notice required under subsection (c)(1) of this section, a code
enforcement official, or other employee designated by the city manager, may securely
affix to a junked vehicle, or part thereof, a visible, dated, and brightly colored notice
that contains the information required in subsection (c)(2)of this section. The posting
of the discretionary notice described in this subsection is not a condition or
requirement precedent to any proceeding or action to abate a public nuisance, and a
proceeding or action is not void, voidable, or in any way affected by a failure to affix
the notice.
(4) If the post office address of the last known registered owner of the junked vehicle
is unknown, a notice may be placed on the junked vehicle or, if the owner is located,
personally delivered.
(5) If a notice is returned undelivered, action to abate the nuisance must be continued
to a date not earlier than the 11th day after the date of the return.
Sec. 13-41. Hearings; relocation of junked vehicle.
(a)A person who receives notice of a public nuisance under subsection 13-40(c)(1) may
request a hearing to determine whether a vehicle is a junked vehicle. Any request for a
hearing must be made, in person or in writing, to the municipal court clerk not later than the
tenth day after the notice was personally delivered or mailed.
(b) If requested in a timely manner, a municipal court judge shall hold a hearing to determine
whether a vehicle, or part thereof, is a public nuisance.
(c)The hearing shall be held not earlier than the eleventh day after the date of service of the
notice.
(d)At the hearing, the junked vehicle is presumed, unless demonstrated otherwise by the
owner, to be inoperable.
(e)The municipal courts of the city may issue necessary orders to enforce the procedures for
the abatement and removal of a public nuisance.
(f)An order requiring the removal of the nuisance must include, if the information is available
at the location of the nuisance, the vehicle's:
(1) For a motor vehicle, the vehicle's:
(-4-) Description;
(a) (12)Vehicle Identification number; and
(2) (c) License plate number.
(2) For an aircraft, the aircraft's:
Laj Description; and
Page 16 of 40
112)Federal aircraft identification number as described by Federal Aviation
Administration aircraft registration regulations in 14 C.F.R. Part 47; and
(3) For a watercraft, the watercraft's:
(a) Description; and
(b) Identification number as set forth in the watercraft's certificate of number.
(g)The relocation of a junked vehicle that is a public nuisance to another location within the
city after a proceeding for the abatement and removal of the public nuisance has
commenced shall have no effect on the proceeding if the junked vehicle constitutes a public
nuisance at the new location.
Sec. 13-42. Vehicles not to be reconstructed or made operable; disposal.
(a)A vehicle removed under the abatement and removal procedures set out in this division
may not be reconstructed or made operable.
(b) Disposal of a junked vehicle shall be by removal to a scrapyard, a motor vehicle
demolisher, or other suitable site operated by the city, as necessary to accomplish the
purposes of this division, provided, that any such disposal shall be for scrap, demolition, or
salvage only.
Sec. 13-43. Notice to Texas Department of Transportation.
(a) Following removal, a notice identifying the junked vehicle, or part of the vehicle, shall be
given to the Texas Department of Transportation by --•- -- •--- - - .- ---- •--• code
enforcement division employees, or other employees designated by the city manager, not
later than five (5) days after the date of removal.
(b) On receipt of a notice of removal of a watercraft under Sec. 13-43(a), the Texas
Department of Transportation shall notify the Parks and Wildlife Department of the removal.
On receipt of the notice from the Department of Transportation, the Parks and Wildlife
Department shall immediately cancel the certificate of title issued for the watercraft.
Sec. 13-44. Inapplicability of division; no exemption.
(a)The procedures for the abatement and removal of a public nuisance may not apply to a
vehicle or vehicle part:
(1)That is completely enclosed in a building in a lawful manner and is not visible from
public or private property or public right-of-way; or
(2)That is stored or parked in a lawful manner on private property in connection with
the business of a licensed vehicle dealer or junk yard, or that is an antique or special
interest vehicle stored by a motor vehicle collector on the collector's property, if the
vehicle or vehicle part and the outdoor storage area, if any, are:
a. Maintained in an orderly manner;
b. Not a health hazard; and
c. Screened from ordinary public view by appropriate means, including a
fence, rapidly growing trees, shrubbery, or a form-fitting cover designed and
manufactured specifically for vehicles.
Page 17 of 40
(b)A junked vehicle, or part of a junked vehicle, covered by a form-fitting vehicle cover, is not
exempt from the procedures for abatement and removal.
Sec. 13-45. Junked Vehicle Offense; penalty.
(a)A person commits an offense if that person maintains a public nuisance as described in
this division regarding junked vehicles.
(b)An offense under this division is punishable by a fine not to exceed two hundred dollars
($200.00).
(c) On conviction, the court shall order removal and abatement of the public nuisance.
(d)An offense under this division is subject to the penalty provisions of sections 1-6 and 1-
6.1 of the Code.
Sec. 13-46. Lien on impounded property.
A lien for all costs incurred in the impounding, storing and advertising for sale of
personal property pursuant to this division shall exist and inure to the benefit of the person
actually impounding such property. Such lien shall be prior and superior to all other liens of
every kind, save and except liens for ad valorem taxes, and the impounder may retain
possession of such property until all costs are paid and may sell the same as provided in this
division.
Sec. 13-47. Redemption of impounded property.
The owner or any person legally entitled to possession of any impounded personal
property as provided for in this division may redeem the same by paying to the impounder,
before sale, the impounding fee and any other actual expenses incurred by the impounder in
impounding and keeping the impounded property, as determined by the fees set forth in
section 1349 13-48.
Sec. 13-48. Fees for impounding, storage, etc.
Fees shall be charged and shall be paid to the impounder of the city, only if
performed by the police division and in accordance with the fee schedule located in section
57-254.
Sec. 13-49. Disposition of proceeds of sale.
After deducting the fees to which the impounder or the city, as the case may be, is
entitled pursuant to section 13 49 13-48, such party shall hold the balance of the proceeds of
such sale, if any, to pay the same to the owner of the property. If the owner fails to call for
such proceeds within ninety(90) days, they shall belong to the impounder or the city, as the
case may be.
Sec. 13-50. Sale of abandoned motor vehicles.
Page 18 of 40
Notwithstanding any other provision, any motor vehicle impounded pursuant to any
city ordinance or state law, shall be processed, disposed, auctioned and sold in accordance
with the provisions of the Texas Abandoned Motor Vehicle Act.
Secs. 13-51-13-3000. Reserved."
SECTION 3: The Corpus Christi Code, §13-3002 of Chapter 13, Article III, entitled "Vacant
Buildings", is amended by adding the following language that is underlined (added) and
deleting the language that is stricken (deleted), in the definitions section as delineated below:
"CHAPTER 13 CODE ENFORCEMENT, HOUSING AND HOUSING PREMISES STANDARDS,
AND NEIGHBORHOOD IMPROVEMENT
ARTICLE III. VACANT BUILDINGS
Sec. 13-3002. Definitions.
Unless otherwise expressly stated, the following words, terms, and phrases, when
used in this article, have the meanings ascribed to them in this section, unless the context of
their usage clearly indicates a different meaning:
* * * * *
Dangerous building means a building which is potentially hazardous to persons 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 danger of falling.
c.A building with any parts, such as floors, porches, railings, stairs, ramps,
balconies, or roofs, which are accessible and which are either collapsed, in
danger of collapsing, or unable to support the weight of normally imposed
loads.
Hearing Officer is the city officer, employee, or other person as so designated by the
City Manager.
Owner means the owner of record in the county where the real property is situated;
anyone identified as the owner on a vacant building plan and timetable form; the
holder of an unrecorded contract for deed; a mortgagee or vendee in possession; a
mortgagor or vendor in possession; and an assignee of rents, receiver, executor,
trustee, lessee, or other person in possession or with the right to control of the
premises or a portion of the premises. Any person who is included in this definition
as an owner has joint and several obligation for compliance with the provisions of this
Page 19 of 40
article. A tenant who does not have the right of possession or control of a portion of
the building that is unoccupied is not an owner for the purposes of this article.
Properly maintained means taking measures to:
(1) Prevent the physical deterioration of the building.
(2) Prevent a decline in the appearance of the building.
(3) Keep a building in a clean, safe, secure, and sanitary condition.
(4) Prevent the building from becoming an attractive nuisance.
Property maintenance ordinance includes, but is not limited to, the following Code of
Ordinances provisions:
(1)Article II, Chapter 13. (_ - - - -_- _ - - _- _ -__- Corpus Christi Property
Maintenance Code)
(2)Articles II, VI, VII, VIII, and IX, Chapter 14. (Technical Construction Codes,
Excavations, Regulation 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 & Dangerous 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 rights-of-way)
(8)Articles XVI and XVII, Chapter 55. (Prohibition on Pollution of the Municipal
Separate Sewer System (MS4)and Maintenance and Operation of Grease
Interceptors and Oil/Sand Interceptors)
* * * * * "
SECTION 4: Corpus Christi Code, §13-4001 et seq, Chapter 13, Article IV entitled
"Downtown Vacant Buildings", is repealed in its entirety, as delineated below:
"CHAPTER 13 CODE ENFORCEMENT, HOUSING AND HOUSING PREMISES STANDARDS,
AND NEIGHBORHOOD IMPROVEMENT
ARTICLE IV.
Secs.13-4001 — 13-1420 Reserved
Page 20 of 40
fire by , a,,therized persons
and-safety7
necessaFy7
(s)- is-aisle:
• - - -- -- -- - -- ... .. • .. - .
administrators des igneec
- _
Page 21 of 40
deterioration.
•
(3)Article I, Chapter 18. (Fire Prevention Code)
- - ■
Page 22 of 40
• - o' - -
assessed-by:,
oPenings-
_
- - - - - - -- - - - -- - - - - -- -
Page 23 of 40
b.Pay the registration fee required by section 13 4010
-- - -- - -- - - - - -- - - - -
ewner4
-- . .
__ . .
Page 24 of 40
� � e . - ..
ever-the-property,
Page 25 of 40
for-demolition.
first4leeF
officers,and
..
disapproval.
Page 26 of 40
a.Properly secured,
.. . -_ 7.e _
the-building
Page 27 of 40
manner.
of stainless steel, galvanized steel, or cadmium plated steel.
table:
Page 28 of 40
Fastener Type FastenerSpacing
Panel span 1 foot < panel span c 6 foot < panel
c 1 foot c 6 foot span-44-feet
2W #6 Wood screws 1-6: -9L
244f 48_Weed.screvos 1-6L4-2
structural panels.
:•-: . •: get te"...t
1.If there is a sill that extends beyond the face of thc building, the
- -- : e e- •••e
B.Be flush with the sill.
e"- -
2.If there is no sill or the sill docs not cxtcnd bcyond thc face of the
g •
e e - , : e , - • :- : , • . -- :- •- . -
surface.
table:
Fastener Type FastenerSpacing
Panel-span 4-feet-4-panel-span c 6 foot < panel
Page 29 of 40
1 foot f: 6 foot span 5_ 8 foot
21/2" ff6 Wood screws 4-6'1 -91
2-11.24-Weed-screws 4-61 1-611-2
structural-panels,
. • .-e: . -: :et ee--.-:
B.Be flush with the sill.
side-of-the-opening,
••- - , : , - . A -- •• - - -
panel. If carriage bolts are used that cxtcnd into the interior of the
surface,
used-te-frarne-the-apening,
table:
Fastener Type Fastener Spacing
Panelspan4-feet-e-panet-span 6 foot < panel
s 1 foot 6 foot span s 8 foot
Page 30 of 40
21/2" ff6 Wood screws
21/2" ff8 Wood screws
structural panels.
surrounding windows.
opening,
pounds,
frame-using-wood-screws,
table:
Fastener Type Fastener Spacing
Panel-span foot < panel span 6 foot < panel
I foot 6 foot span-5-8-foot
21/2" ff6 Wood screws 44 -9:
244 #8-Wood-screws
structural panels.
4 e e - • -- e - -• - •. -• e- - ••c •• - e- •-
• - • — - 2 Z ' ' •
laddeFsmust-be-either-:,
Page 31 of 40
corrected.
demolished,
DO NOT ENTER
It is a misdemeanor to enter
or premises or to
s . . e . . - - -
- - - -- - - e•-- -- - - - - - - -
, ! .- - - - - - - - - " - - . - • - --
-- e ... .. -
•
•
.. _ .. _..•. - -- - - - ' t. - --- -- -- - - • - -• - - -
Page 32 of 40
and/or premises.
official and the Fire department
applicable-Godes
- . --- -- .•ee •!!
-- -- I!
!I - --
•
•
•
- - - - - - - - - _ - - - - - • e - .. _i is
procedures in thio article
Page 33 of 40
preceding six (6) menthe
(5)Prorated costs of the use of any city vehicles or equipment used to abate the
nuisance:
Page 34 of 40
remedies of the city
Sec 13-4020. Penalties
111 11
11 1 _ .. 11 e 11
SECTION 5: As Ordinance No. 12826 adopted in 1975 regarding fire breaks was never
incorporated into the City Code no City Code ordinance section number was assigned
and therefore none is provided; and as a uniform and updated standard regarding fire
breaks is being incorporated into the Corpus Christi Property Maintenance Code,
Ordinance No. 12826 is repealed in its entirety, as delineated below.
it .. _ .
contribute-to-the-spread-of-fife,
SECTION 2.
- - 1 -- --
,' . • -- -- - - - , ---. . -1- -- -has been removed.
Page 35 of 40
_. _ _ - -- - _ -•.- - - - - - -
has-been-removed,
C. Fire breaks shall not be required on a tract of real property or any portion
D. When thc Fire Chief or his designated representative determines that the
E. In determining whether or not a fire hazard exists and thc degree of thc fire
thug
(1) The extent and density of brush, grays or weeds on property in
weeds.
- - -
- • . . . - -- . - -
SECTION 6: The City Manager, or his designee, is authorized to execute a licensing
agreement with the International Code Council, for copyright use of the International
Property Maintenance Code. As the Corpus Christi Property Maintenance Code will
contain substantial copyrighted material from the 2009 International Property
Maintenance Code which is copyrighted work owned by the International Code Council.
SECTION 7: 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,
Page 36 of 40
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word, or provision hereof be given full force and effect for its purpose.
SECTION 8: A violation of the Corpus Christi Property Maintenance Code or the
regulations implemented under the Corpus Christi Property Maintenance Code
constitutes a strict liability offense in accordance with Corpus Christi Property
Maintenance Code Section 106.3(a) and any violation is punishable by a fine not to
exceed $500.00, the amount authorized by Section 12.23 of the Texas Penal Code and
Section 1-6 of the Corpus Christi Code of Ordinance.
SECTION 9: 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 10: This ordinance takes effect after official publication.
SECTION 11: The changes in property maintenance regulations made by the Corpus
Christi Property Maintenance Code apply only to violations occurring on or after the
effective date of the Corpus Christi Property Maintenance Code. Any violations
occurring before the effective date of the Corpus Christi Property Maintenance Code are
governed by the property maintenance regulations in effect at the time the violation
occurred, and the former regulations are continued in effect for that purpose. For
purposes of this section, a violation occurred before the effective date of this ordinance
if any part of the violation occurred before that date.
Floor Amendments to Ordinance to adopt the
Corpus Christi Property Maintenance Code;
The following sections will be added to the Ordinance to adopt the Corpus Christi
Property Maintenance Code:
SECTION 12: Section 101.5 shall be added to the Corpus Christi Property Maintenance
Code to read as follows:
101.5 Non-discrimination. A Code Enforcement initiated action shall not be
based on an owner's or occupant's race, color, sex, religion, age, disability,
national origin, sexual orientation, or gender identity.
SECTION 13: Section 104.3 of the Corpus Christi Property Maintenance Code shall
read as follows:
104.3 Right of entry.
(a) Where it is necessary to make an inspection to enforce the provisions of this
Property Maintenance Code, or whenever the code official has reasonable cause
Page 37 of 40
to believe that there exists in a structure or upon a premises a condition in
violation of this Property Maintenance Code, the code official is authorized to
enter the structure or premises at reasonable times to inspect or perform the
duties imposed by this Property Maintenance Code, subject to legal restrictions.
provided that if If such structure or premises is occupied the code official shall
present credentials to the owner, agent occupant or person in charge of the
property and request entry.
(b) In cases of emergency where extreme hazards are known to exist which may
involve the potential loss of life or severe property damage, no request is
necessary.
(c) If a building, premises or property is unoccupied, vacant or otherwise
uninhabited by humans, but which is otherwise open and may be entered by
derelicts, vagrants or children, the code official shall have the same power of
inspection as aforementioned, including the right of inspections without
requesting permission of the owner or other person in charge, and if found to be
in violation of this Property Maintenance Code, may placard it so as to prevent
any occupancy of the building, premises or property for human use or habitation,
or any other use.
(d) If entry is refused, the code official shall have recourse to the remedies
provided by law to secure entry.
SECTION 14: Section 106.3 of the Corpus Christi Property Maintenance Code shall
read as follows:
106.3 Prosecution of violation.
(a) Any _ - - : _ ': • e . e e -
Property Maintenance Code or any person failing to comply with a notice of
violation or order served in accordance with Section 107 shall be deemed guilty
of a misdemeanor and the violation shall be deemed a strict liability offense.
(b) If the provisions of this Property Maintenance Code are violated or there is
failure to comply therewith, or if the notice of violation is not complied with, the
code official may institute the appropriate proceeding at law or in equity to
restrain, correct or abate the violation, or to require the removal or termination of
the unlawful occupancy of the structure in violation of the provisions of this
Property Maintenance Code or of the order or direction made under this Property
Maintenance Code.
SECTION 15: Sections 107.2 & §107.3 of the Corpus Christi Property Maintenance
Code shall read as follows:
107.2 Form. Whenever any violation of this Code, generally or specifically
defined in this Code, shall exist within the city, the code officer shall notify, in
writing, the owner or occupant of the premises whereon such violation exists, and
order such owner or occupant to abate or remedy the violation described in such
notice, within such time as may be specified within the order.
Page 38 of 40
Such notice prescribed in Section 107.1 shall be in accordance with all of the
following:
1. Be in writing.
2. Include a legal description of the real property sufficient for
identification. This does not require a legal description.
3. Include a statement of the violation or violations and why notice is being
issued.
4. Include a correction order allowing a reasonable amount of time to
make the repaires and improvements required to bring the premises into
compliance with provisions of this code.
5. Inform property owner of the name and phone number of the code
official or designee.
Commentary: For Form of Notice refer to City Code §13 20 et seq.
107.3 Method of service.
Such notice shall be deemed to be properly delivered if a copy thereof is:
1. Delivered Personally;
2. Sent by first class mail, to the owner of record at his address as it appears on
the Nueces County Appraisal District records; or
3. Posted in a conspicuous place in or about the structure.
When a notice is mailed in accordance with this section to a property owner,
lienholder, mortgagee, or registered agent and the United States Postal Service
returns the notice as "refused" or "unclaimed," the validity of the notice is not
affected, and the notice is considered delivered.
Commentary: For Method of Service refer to City Code §13 20 et seq.
SECTION 16: Section 404.5 of the Corpus Christi Property Maintenance Code shall
read as follows:
404.5 Overcrowding. The number of persons occupying a dwelling unit shall not
create conditions that, in the opinion of the code official, endanger the life, health,
safety or welfare of the occupants. -- • . e e _ _ e _ - - - '-
a residential use is 200 sf per occupant. The maximum occupancy level of a
residential dwelling is one (1) occupant per one-hundred fifty (150) square feet of
habitable floor area for the first occupant and one (1) occupant per one-hundred
(100) square feet of habitable floor area per each subsequent occupant.
•
Page 39 of 40
That the foregoing or finance was read for the first time and passed to its second
reading on this the Iy tVay of d , 2015, by the following vote:
Nelda Martinez f Brian Rosas �,;
Rudy Garza LU Lucy Rubio A
Chad Magill Q t Mark Scott i v
1
Colleen McIntyre ateCarolyn Vaughn ay,
Lillian Riojas
That the foregoing ordinance'was read for the second time and passed finally on this
the I .Day of l.K-k-1 , 2015, by the following vote:
Nelda Martinez ak Brian Rosas —0--
Rudy Garza SLucy Rubio 0 '
I
Chad Magill Mark Scott if /
a/jicColleen McIntyre At Carolyn Vaughn
Lillian Riojas ___/
PASSED AND APPROVED, this the I day of _ ,
(\l-
ATTEST:
1-Lz_ /< C,t irl,‘Jzt-r-A
Rebecca Huerta Nelda Martinez
City Secretary Mayor
EFFECTIVE DATE
Lo Ai 92 I5
030532 Page 40of40
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 574267
PO #
Before me,the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE 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, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the
publication of NOTICE OF PASSAGE OF ORDINANCE(S)NO which the annexed is a true copy,
was inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 06/22/15 Mon
CC-Internet - caller.com 06/22/15 Mon
GAL ALES REPRESENTATIVE
On this 7 .L day of , 20 1 I certify that the attached document is a true
and exact copy made by publisher.
Notary Public, State of Texas
MICHELLE JOYCE CABRERA
My Commission Expires
\ March 19,2016
CALLER TIMES I June 22,2015 j 3E
•
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO. 030532, . Ordinance
amending the Corpus Christi
Code of Ordinances Chapter
13, Article II torepeal the
adoption of the Southern
Standards Housing Code,
1973 Edition and to adopt
the Corpus Christi Property
Maintenance Code; amend-
ing Chapter 13,Article II to
extend the time to appeal
Building Standard Board
decisions and allow for the
recoupment of title search
expenses; amending Chap-
ter 13, Article II, Division
II to modify the definition
and procedures for junk
vehicles; amending §13-
3002 to add the definition
of hearing officer; repeal-
ing Chapter •13, Article IV
in its entirety; repealing in
its entirety Ordinance No.
12826 regarding fire breaks;
authorizing the City Manag-
er or his designee to exe-
cute a licensing agreement
with the International Code
Council for copyright use of
the International Property
Maintenance Code; provid-
ing for severance; provid-
ing for penalties; providing
for publication; anti provid-
ing for effective date. This
ordinance was passed and
approved on second reading
by the City Council on June
16,2015 and becomes effec-
tive June 22,2015.
/s/Rebecca Huerta
City Secretary
A