HomeMy WebLinkAbout031526 ORD - 08/28/2018 Ordinance amending Corpus Christi Code to adopt Downtown Vacant
Building Regulations; and Providing for penalties
WHEREAS, the City Council has determined that the downtown area is a unique and
distinct area of the City due to the prevalence of older, multi-story buildings constructed
without setbacks from the street rights-of-way, and that the downtown area has the
potential to serve as a dynamic economic center for the City;
WHEREAS, the presence of unoccupied, improperly maintained buildings in the
downtown area poses 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, property owners who own vacant structures have a high incidence of code
violations on their properties;
WHEREAS, the unoccupied and improperly maintained buildings in the downtown area
are a blight and cause deterioration and instability;
WHEREAS, the vacant structures attract and harbor wild animals, pests, vermin and
varmints;
WHEREAS, in order to protect and maintain the unique and significant nature of the
downtown area for the economic benefit of the City's citizens, it is necessary to require
vacant structure property owners to maintain their properties in good repair, so that they
are sound and sanitary, and so that said properties do not detract from the economic
value and utility of neighboring properties.
WHEREAS, the Tax Increment Reinvestment Zone #3 (TIRZ #3) Board 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 ordinance 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 Housing Premises
Standards, and Neighborhood Improvement," of the Code of Ordinances is amended by
adopting a new Article IV "Vacant Downtown Buildings" which shall read as follows:
1 031526
INDEXED
"ARTICLE IV. VACANT DOWNTOWN BUILDINGS
Sec. 13-4001. Declaration of policy.
(a) The city council finds and declares that:
(I) Downtown Corpus Christi is a unique and distinct area of the City due to
the prevalence of older, multi-story buildings constructed without setbacks
from the street rights-of-way, thereby creating a dense development posing
increased 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 building.
(2)Downtown Corpus Christi has the potential to be a dynamic economic
center for the City, however, improperly maintained vacant buildings and lots
inhibit the redevelopment of the downtown area.
(3)Downtown buildings that are vacant and unsecured attract vagrants, gang
members, and criminals as prime locations to conduct illegal criminal
activities.
(4)Buildings that are vacant and unsecured are extremely vulnerable to being
set on fire by unauthorized persons.
(5)Buildings that are vacant and unsecured are a blight and cause
deterioration and instability in downtown.
(6)Buildings that are vacant and unsecured pose serious threats to the
public's health and safety.
(7)Abatement and rehabilitation of poorly maintained vacant downtown
buildings is necessary.
(8)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 city.
(c) This article:
(1) Determines the responsibilities of owners of vacant downtown
buildings.
(2) Provides for administration, enforcement, and penalties.
Sec. 13-4002. 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:
Administrator means the City's Assistant City Manager over Development Services
or designee.
Board when used as a verb means to cover an opening with lumber or panel of
wood or other material.
Building means any structure or portion of a structure used or intended for
supporting or sheltering any use or occupancy.
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Commercial Building means any building which brings or has the potential to bring
income including, but not limited to, office, retail, industrial, and multi-family
structures. A multi-family structure containing fewer than five dwelling units is not a
commercial building for purposes of this article.
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.
Downtown means that area included within the boundaries of the Tax Increment
Reinvestment Zone #3.
Owner means the owner of record in the county where the real property is situated
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 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.
Property maintenance ordinance means any ordinance of the City of Corpus Christi
related to the required maintenance of a building, this includes, but is not limited to
the International Building Code, the International Property Maintenance Code, the
International Fire Code, the International Plumbing Code, and all other similar
international codes as adopted by the City of Corpus Christi.
Secure means to take measures to ensure that the interior of the building cannot
be accessed by:
(1) Unauthorized persons without the use of tools or ladders.
(2) Birds and other animals through broken windows or other openings in
the structure.
Unoccupied means not being used for a lawful occupancy authorized by the
certificate of occupancy issued by the city's building official.
Unsecured means open to entry by unauthorized persons or animals.
Vacant means at least seventy five percent (75%) or more of the total floor space
is unoccupied.
Vacant downtown building means a commercial building located within the
downtown area that is vacant.
Sec. 13-4003. Applicability and Administration.
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(a) This article shall apply to all vacant downtown buildings, as defined herein
which are now in existence or which may hereafter be constructed or converted
from other uses.
(b) The Administrator is authorized to administer and enforce the provisions of
this article.
(c) The Administrator shall have the authority to render interpretations of this
title and to adopt policies and procedures in order to clarify the application of its
provisions. The Administrator, at his sole discretion, may also enter into an
agreement with a vacant downtown building property owner to obtain compliance
with this ordinance by a date certain.
Sec. 13-4004. Property manager or agent
(a) Vacant downtown building property owners must designate a local manager
who resides within 50 miles of the vacant downtown building Property managers
shall act as agents for the property owner for purposes of accepting legal service
however the vacant property owner remains personally liable in criminal
prosecutions for code violations.
Sec. 13-4005. Standard of care for vacant downtown buildings
(a) The standard of care for vacant downtown buildings, subject to approval by
the Administrator, shall include, but is not limited to:
(1) Protective Treatment: All exterior surfaces, including but not limited
to, walls, roofs, doors, windows, door and window frames, cornices
porches, trim, balconies, decks and fences, shall be maintained in
such condition so as to prevent the entry of rodents and other pests
and the penetration of water to such extent as to cause the structure
to be unsound. All exposed wood or metal surfaces subject to rust or
corrosion, other than decay resistant woods or surfaces designed for
stabilization by oxidation shall be protected from the elements and
against decay or rust by periodic application of weather coating
materials such as paint or similar surface treatment. All surfaces with
rust or corrosion shall be stabilized and coated to inhibit future rust
and corrosion. Oxidation stains shall be removed from exterior
surfaces.
(2) Premises Identification: The property shall have address numbers
placed in a position to be plainly legible and visible from the street or
road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet
letters. Numbers shall be a minimum of 4 inches (102mm) high with
a minimum stroke width of 0.5 inch (12.7mm).
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(3) First-Floor Windows and Doors: Every first-floor window, storefront
and exterior door part, including but not limited to the frame, the trim
window screens and hardware shall be kept in sound condition and
good repair. All broken or missing windows shall be replaced with
glass and secured in a manner so as to prevent unauthorized entry.
All broken or missing doors shall be replaced with new doors which
shall be secured to prevent unauthorized entry. All glass shall be
maintained in sound condition and good repair. All exterior doors
door assemblies and hardware shall be maintained in good condition
and secured. Locks at all exterior doors, windows, or exterior
hatchways shall tightly secure the opening. First-floor windows and
doors shall not be secured by boarding or other similar means
mounted on the exterior except as a temporary securing measure
and the same shall be removed within a period of time designated by
the Administrator.
(4) Exterior Lighting: The exterior of the building adiacent to any street
sidewalk, or other pedestrian access shall have visible exterior
lighting with average ambient light levels of between one (1) and
three (3) foot-candles with a minimum of 0.5-foot candles and a
maximum of six(6)foot-candles at any point measured on the ground
plane.
(b) All repairs shall be subject to approval by the Administrator. All required
permits and final inspections prior to and/or following repairs shall be in accordance
with applicable laws and rules. This paragraph specifically requires that all
necessary building permits are obtained and that all work complies with any law or
ordinance relating to construction standards, property maintenance, and
windstorm requirements, along with all other applicable laws, ordinances, and
rules, including property maintenance ordinances.
(c) Failure to maintain the vacant property to the standard of care specified by
this section is a violation of this article. The Administrator, on application from the
vacant downtown building property owner, may authorize limited exceptions to the
requirements in 13-4005(a)(3) and (a)(4) on a case-by-case basis. Any
authorization of an exception must be made in writing and shall not be interpreted
as an establishment of policy.
(d) Nothing in this section shall prohibit enforcement of other property
maintenance ordinances against the vacant downtown building property owner or
any tenant or agent who is otherwise liable for violation of such ordinance.
Sec. 13-4006. Eligibility for Incentives
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(a) A vacant downtown building is eligible for incentives from the TIRZ #3 to
assist with redevelopment of the property only if it is in compliance with the
Standard of Care in section 13-4005.
Sec. 13-4007. Jurisdiction, enforcement and penalties
(a) Violation of any provision of this article is a class C misdemeanor. Each day
any violation continues constitutes a separate offense.
(i) This is a strict liability offense in which no mental state is required.
(ii) The fine for this offense may not exceed five hundred dollars ($500.00).
(b) Administrative, civil, and criminal enforcement are alternative remedies
which may be sought independently of each other. Criminal prosecution may occur
regardless of pursuit of civil or administrative remedies and vice versa.
Sec. 13-4008. Demolition Review
ja) The owner of a vacant downtown building may apply for a demolition permit
from the Development Services Department.
'b) Demolition permits shall not be granted for any vacant downtown building
constructed more than 50 years prior to the date of the application unless a
certificate of appropriateness for demolition is issued in accordance with section
3.16 of the Unified Development Code. For purposes of this section, the vacant
downtown building that is more than 50 years old will be treated as though it is a
designated landmark or contributing structure located within an Historic Overlay
zoning district."
SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance are
hereby expressly repealed. The general vacant building ordinance, codified at 13-3001 et
seq. of the Code of Ordinances, as applied to any property other than a vacant downtown
building, is not in conflict with this ordinance.
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 the requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
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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 on October 1, 2015.
SECTION 7. City Council shall review the effectiveness of this ordinance, including the
demolition review, annually. On or about the fifth anniversary of the effective date of this
ordinance, City Council shall engage in an enhanced, thorough review of the
effectiveness of this ordinance.
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That the foregoing ordinance was read for the first time and passed to its second reading on this
the 5151'day of , 2018, by the following vote:
Joe McComb at, Ben Molina _Olt
Rudy Garza Everett Roy L .
i
Paulette Guajardo C Lucy Rubio L 40
Michael Hunter -in 0 Greg Smith
Debbie Lindsey-Opel
That the for oing ordinance was read for the second time and passed finally on this the
gi'-
day of , 2018, by the following vote:
Joe McComb Ben Molina —AIL—
Rudy Garza / Everett Roy _AIL_
--ale_
Paulette Guajardo � Lucy Rubio
____024____
Michael Hunter Greg Smith —6)1A —
Debbie Lindsey-Opel 01_,
ig,41-
PASSED AND APPROVED on this the �(-) day of , 2018.tlri--
ATTEST:
/ I / f MI ._:.....Lb ;4, pit, (A.40,-.41/
Rebecca Huerta Joe Mc omb
City Secretary May
EFFECTIVE DATE
,c" > ' 1 j o
1) 31. 526