HomeMy WebLinkAbout032533 ORD - 08/31/2021Ordinance adding Section 13-27 to Corpus Christi Code to authorize
emergency demolition of dangerous building due to sudden acts; and
providing penalty.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That Corpus Christi Code is amended by adding Section 13 -27,
Emergency Demolition, to read as follows:
Sec. 13-27 Emergency demolitions.
(a) Emergency arising from sudden acts or occurrences.
(1) Where it appears to the Building Official or designee, that due to structural
defects or conditions arising from, but not limited to, fire, accident, water
damage, vandalism, or other sudden act or occurrence thereby
threatening the structural integrity of a building, there is clear and
imminent danger to the life, safety or property of any person unless the
building is immediately demolished, the director may order its immediate
vacation and demolition. Such declaration shall be in writing and shall
include a determination that under the circumstances, no other abatement
procedure is reasonably available except demolition.
(2) Notice that the structure has been determined to be a clear and imminent
danger to life and safety may be issued:
a. By placard affixed to the property or by stake driven into the
ground. It shall be unlawful for any person to remove the posted
notice without written permission of the director and no
unauthorized person shall enter the building for any purpose;
b. Via hand -delivery to the owner(s) of record per Nueces County
Appraisal District records only if the owner resides within the
Nueces County jurisdictional limits and available for personal
delivery; or
c. Via mail to the owner(s) as determined by searches of:
(i) Nueces County real property records;
(ii) Nueces County Appraisal District records;
(iii) records of the secretary of state;
(iv) assumed name records of the county in which the building is
located;
(v) tax records of the municipality; and
(vi) utility records of the municipality.
032533
SCANNED
(3)
The Code Enforcement Division and/or the Development Service
Department will attempt to provide notice by placard, hand delivery, and
registered mail as stated in the previous subsection.
(4) Within 3 business day of notice, the owner of the structure may submit a
written request for hearing for reconsideration or submit a plan of action to
stabilize the structure to the director of development services. Said plan of
action shall be developed by a licensed structural engineer registered in
the State of Texas.
a. If the plan is approved by the director of development services, said
plan must be implemented within 1 business day of approval.
b. If the plan is determined infeasible by the director of development
services, the required affidavits shall be executed for
commencement of the emergency demolition.
c. If stabilization of the structure is begun within 1 business day of
approval, the structure shall be scheduled for the next available
hearing before the board charged with declaring public nuisances
for presentation of a scope of work with dates certain for completion
of rehabilitation.
d. If a hearing for reconsideration is requested, the director of
development services or designee shall promptly, within 3 business
days of receipt of written request for hearing, hear such appeal and
shall either sustain or revoke the Building Official's order.
(b) The emergency demolition may be executed no earlier than 4 business days
after notice.
(c) After execution of the emergency demolition, the officials responsible shall:
(1) File copies of the affidavits among the official records of the Code
Enforcement case file;
(2) Provide notice to the owner and lienholders/mortgagees of record; and
(3) Advise the board at its next regularly scheduled hearing.
(d) The city, as a home -rule city, adopts the foregoing emergency abatement action
pursuant to Texas Local Government Code chapter 214, §214.002, and the
powers of self-rule granted by the voters under the City Charter as authorized by
the Constitution of the state.
(e) An emergency demolition may not be conducted within 30 days of damage
caused by a Hurricane.
SECTION 2. 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 this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 3. Penalties are as provided in Section 1-6 of the Corpus Christi Code.
SECTION 4. 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 5. This ordinance takes effect after official publication.
3
That the foregoing ordinancel� was read for the first time and passed to its second reading on this
the )9Nay of I'1v, .s-", 2021, by the following vote:
Paulette M. Guajardo 744-1k John Martinez
Roland Barrera Ben Molina A •
Gil HernandezAlIF
Mike Pusley
Michael Hunter Q Greg Smith A(.),Bily Lerma __Alr.2
('
That the foregoing ordinance was read for the second time and passed finally on this the 31�'
day of 1� T,Mr 2021, by the following vote:
Paulette M. Guajardok John MartinezAlk.
Roland Barrera J Ben Molina 10S-c/�
Gil Hernandez Mike Pusley A-1,12,
Michael Hunter /� Greg Smith Ailk
Billy Lerma t-`)
PASSED AND APPROVED on this the 319 day of Alu5'\' , 2021.
ATTEST:
NE10,v_c,c46iajakkvadactio
L
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
•
EFFECTIVE OATS
1 -5-d-\
1
O3
Caller Times
PART OF THE USA TODAY NET vOP'
Certificate of
Publication
NOTICE OF PASSAGE OF
ORDINANCE(S)
CITY OF CORPUS CHRIS TI -SECRETARY NO. 032533, ordinance add-
ing Section 13-27 to Corpus
PO BOX 9277 Christi Code to authorize
emergency demolition of
dangerous building due to
CORPUS CHRISTI, TX 78401 sudden acts; and providing
penalty. This ordinance
was passed and approved
on second reading by the
Corpus Christi City Council
STATE OF WISCONSIN) on August 31,2021.
)) /s/Rebecca Huerta
City Secretary
COUNTY OF BROWN)
I, being first duly sworn, upon oath depose and say that I
am a legal clerk 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 which the annexed is a
true copy,was inserted in the Corpus Christi Caller-Times
on the following dates:
09/05/2021
On this September 5, 2021, I certify that the attached
document is a true and exact copy made by the publisher:
iitactatti_
Legal Notice Clerk
tary Public,State of Wisconsin, County of Brown
7)2-7/2-
Notary
)2-7/ZNotary Expires
SARAH BERTELSEN
Notary Public
Publication Cost: $77.75 State of Wisconsin
Ad No: 0004895530
Customer No: 1490432
PO#: 032533
#of Affidavits 1
This is not an invoice 91