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HomeMy WebLinkAbout1983-098C NO 23- 99 AN ORDINANCE REPEALING THE EXISTING MINIMUM HOUSING AND BUILDING STANDARDS (,ODE, ENACTING A NEW MINIMUM HOUSING AND BUILDING STANDARDS CODE TO PROVIDE FOR MINIMUM STANDARDS FOR ALL HOUSING AND BUILDINGS, TO PROVIDE FOR PROCEDURES FOR REPAIR OR ABATEMENT OF DEFECTIVE OR SUBSTANDARD HOUSING OR BUILDINGS, r0 PROVIDE FOR A PENALTY OF TWO HUNDRED DOLLARS FOR VIOLATIONS THEREOF, TO PROVIDE FOR A SEVhRABILITY CLAUSE, AND r0 PROVIDE FOR AN EFFECTIVB DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I That Article IV of Chapter 5 ("Minimum Housing and Building Standards") of the Code of Ordinances of the City of Denton, Texas, is hereby repealed SECTION II That a new Article IV of Chapter 5 of the Code of Ordinances of the City of Denton, Texas, is hereby adopted to read as follows ARTICLE IV MINIMUM HOUSING AND BUILDING STANDARDS DIVISION 1 GENERAL PROVISIONS SECTION 5-44 Title of Article This article shall be known as the Minimum Housing and Building Standards Code SECTION 5-45 LEGISLATIVE FINDING OF FACT It is hereby found and declared that there exists in the City of Denton, Texas, structures used for human habitation and non-residential purposes, which are or may become in the future, substandard, dilapidated or unfit for human habitation with respect to structure, equipment, or maintenance, and further that such conditions together with inadequate provision for light and air, insufficient protection against fire hazards, lack of proper heating, insanitary conditions, and overcrowding constitute a menace to the health, safety, welfare, and reasonable comfort of its citizens It is further found and declared that the existence of such conditions, factors, or characteristics will, if not remedied, create slum and blighted PAGE 1 areas requiring large scale clearance, and further that, in the absence of corrective measures, such areas will experience a deterioration of social values, a curtailment of investment and tax revenue, and an impairment of economic values It is further found and declared that the establishment and maintenance of minimum structural and environmental standards are essential to the prevention of blight and decay and the safeguarding of public health, safety, and welfare SECTION 5-46 PURPOSE OF ARTICLh The purpose of this article is to protect the public health, safety, and welfare of the citizens of the City of Denton, Texas, by establishing minimum standards governing the construction, use, occupancy, and maintenance of all buildings, establishing minimum standards governing utilities, facilities, and other physical components and conditions essential to make all buildings and structures safe, sanitary, and fit for human use habitation, fixing certain responsibilities and duties of owners, operators, agents, and occupants of all buildings, authorizing and establishing procedures for the inspection of all buildings and the condemnation and vacation of those buildings unfit for human use, occupancy, and habitation, and fixing penalties for the violation of the provisions of this article This article is hereby declared to be remedial and essential to the public interest, and it is intended that this article be liberally construed to effectuate the purposes as stated above SECTION 5-47 Definitions For the purpose of this article, certain terms, phrases, words and their derivatives shall be construed as specified in either this section or as specified in the Building Code Where items are not defined, they shall have their ordinary accepted meanings within the context with which they are used (1) Board is the Building Code Board of the City of Denton, Texas PAGE 2 (2) Building Code is the uniform Building Code promul- gateTytTe International Conference of Building Officials as adopted, as amended, by the City of Denton, Texas (3) Efficiency Dwelling Unit is a dwelling unit con- taining only one Tiabitable room and meeting the requirements of Section 5-51(c) (4) Mechanical Code is the Uniform Mechanical Code promu ga e y the International Conference of Building Officials as adopted, as amended, by the City of Denton, Texas (5) Plumbing Code is the Uniform Plumbing Code promul- gated by the International Association of Plumbing and Mechanical Officials as adopted, as amended, by the City of Denton (6) Electrical Code is the National Electrical Code promulgated y the National Fire Protection Association as adopted, as amended by the City of Denton SECTION 5-48 ENFORCEMENT (a) Enforcing Officer The building official, or his representative, is hereby authorized and directed to enforce the provisions of this article (b) Right of Entry Whenever necessary to make an inspection to enforce any of the provisions of this article, or whenever the building official has reasonable cause to believe that there exists in any building or upon any premises any condition or violation which makes such building or premises unsafe, dangerous or hazardous, the building official may enter such building or premises at all reasonable times to inspect the same or to per- form any duty imposed upon the building official by this article, provided that if such building or premises be occupied, he shall first present proper credentials and request entry, and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry If such entry is refused, the building official shall have recourse to every remedy provided by law to secure entry (c) Responsibilities Defined Every owner remains liable for violations of duties imposed upon him by this article even though the owner has, by agreement, imposed on the occupant the PAGE 3 duty of furnishing required equipment or of complying with this article Every owner, or his agent, in addition to being responsible for maintaining his building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he occupies or controls in a clean, sanitary and safe condition including the shared or public areas in a build- ing containing two or more dwelling units (d) Violations It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, convert or demolish, equip, use, occupy or maintain any building or structure, or cause or permit the same to be done or exist on property or premises in violation of this article Each day a violation of this article occurs is a separate offense and is punishable by a fine of up to Two Hundred Dollars ($200 00) SECTION 5-49 SCOPE (a) Application The provisions of this article shall apply to all buildings or portions thereof used, or designed or intended to be used or occupied Such uses or occupancies in existing buildings may be continued as provided in Chapter I of the Building Code, except such structures as are found to be substandard as defined in this article Where any building or portion thereof is used or intended to be used as a combination apartment house -hotel, the provisions of this article shall apply to the separate portions as if they were separate buildings Every rooming house or lodging house shall comply with all the requirements of this article for dwellings (b) Alteration Existing buildings which are altered or enlarged shall be made to conform to this article insofar as the new work is concerned and in accordance with Chapter I of the Building Code (c) Relocation Buildings or structures moved into or within this jurisdiction shall comply with all applicable codes for new buildings and structures PAGE 4 DIVISION II MINIMUM STANDARDS SECTION 5-50 MINIMUM STANDARDS FOR CONTINUED USE AND OCCUPANCY All buildings and portions thereof shall conform to the minimum standards for continued use and occupancy set forth in this Division II SECTION 5-51 SPACE AND OCCUPANCY REQUIREMENTS (a) Courts Every court shall be not less than 3 feet in width Courts having windows opening on opposite sides shall be not less than 6 feet in width Courts bounded on three or more sides by the walls of the building shall be not less than 10 feet in length unless bounded on one end by a street or yard For buildings more than two stories in height the court shall be increased 1 foot in width and 2 feet in length for each additional story For buildings exceeding 14 stories in height, the required dimensions shall be computed on the basis of 14 stories Adequate access shall be provided to the bottom of all courts for cleaning purposes Every court more than two stories in height shall be provided with a horizontal air intake at the bottom not less than 10 square feet in area and leading to the exterior of the building unless abutting a yard or public space The construction of the air intake shall be as required for the court walls of the building, but in no case shall be less than one -hour fire -resistive (b) Ceiling Heights Habitable space shall have a ceiling height of not less than 7 feet 6 inches except as otherwise permitted in this section Kitchens, halls, bathrooms and toilet compartments may have a ceiling height of not less than 7 feet measured to the lowest projection from the ceiling Where exposed beam ceiling members are spaced at less than 48 inches on center, ceiling height shall be measured to the bottom of PAGE 5 these members Where exposed beam ceiling members are spaced at 48 inches or more on center, ceiling height shall be measured to the bottom of the deck supported by these members provided that the bottom of the members is not less than 7 feet above the floor If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one- half the area thereof No portion of the room measuring less than 5 feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds the area thereof, but in no case shall the height of the furred ceiling be less than 7 feet (c) Floor Area Every dwelling unit shall have at least one room which shall have not less than 150 square feet of floor area Other habitable rooms except kitchens shall have an area of not less than 70 square feet Where more than two persons occupy a room used for sleeping purposes the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two EXCEPTION Nothing in this section shall prohibit the use of an efficiency living unit within an apartment house meeting the following requirements 1 The unit shall have a living room of not less than 220 square feet of superficial floor area An additional 100 square feet super- ficial floor area shall be provided for each occupant of such unit in excess of two 2 The unit shall be provided with a separate closet S The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front Light and ventilation conforming to this article shall be provided 4 The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower (d) Width No habitable room other than a kitchen shall be less than 7 feet in any dimension PAGE 6 Each water closet stool shall be located in a clear space not less than 30 inches in width and a clear space in front of water closet stool of not less than 24 inches shall be provided SECTION 5-52 LIGHT AND VENTILATION (a) Natural Light and Ventilation All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural light by means of exterior glazed openings with an area not less than one -tenth of the floor area of such rooms with a minimum of 10 square feet All bathrooms, water closet compartments, laundry rooms and similar rooms shall be provided with natural ventilation by means of operable exterior openings with an area not less than one -twentieth of the floor area of such rooms with a minimum of 1-1/2 square feet (b) Origin of Light and Ventilation Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building EXCEPTION Required windows may open into a roofed porch where the porch 1 Abuts a street, yard, or court, and 2 Has a ceiling height of not less than 7 feet, and 3 Has the longer side at least 6S percent open and unobstructed A required window in a service room may open into a vent shaft which is open and unobstructed to the sky and not less than 4 feet in least dimension No vent shaft shall extend through more than two stories For the purpose of determining light and ventilation require- ments, any room may be considered as a portion of an ad3oining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one -tenth of the floor area of the interior room or 2S square feet, which- ever is greater (c) Mechanical Ventilation In lieu of required exterior PAGE 7 openings for natural ventilation, a mechanical ventilation sys- tem may be provided Such system shall be capable of providing two air changes per hour in all guest rooms, dormitories, habit- able rooms and in public corridors One -fifth of the air supply shall be taken from the outside In bathrooms, water closet compartments, laundry rooms and similar rooms a mechanical ventilation system connected directly to the outside, capable of providing five air changes per hour, shall be provided (d) Hallways All public hallways, stairs and other exit - ways shall be adequately lighted at all times in accordance with Chapter 33 of the Building Code ShCTION 5-53 SANITATION (a) Dwelling Units Every dwelling unit shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower (b) Hotels Where private water closets, lavatories and baths are not provided, there shall be provided on each floor for each sex at least one water closet and lavatory and one bath accessible from a public hallway Additional water closets, lavatories and baths shall be provided on each floor for each sex at the rate of one for every additional ten guests, or fractional number thereof in excess of ten Such facilities shall be clearly marked for "Men" or "Women" (c) Kitchen Each dwelling unit shall be provided with a kitchen Every kitchen shall be provided with a kitchen sink Wooden sinks or sinks of similarly absorbent material shall not be permitted (d) Fixtures All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system All plumbing fixtures shall be connected to an approved system of water supply and provided with hot and cold running water necessary for its normal operation All plumbing fixtures shall be of an approved glazed earthen- ware type or of a similarly nonabsorbent material PAGE 8 (e) Water Closet Compartments Walls and floors of water closet compartments shall be finished in accordance with Chapter 17 of the Building Code (f) Room Separations Every water closet, bathtub or shower required by this article shall be installed in a room which will afford privacy to the occupant A room in which a water closet is located shall be separated from food preparation or storage rooms by a tight -fitting door (g) Installation and Maintenance All sanitary facilities shall be installed and maintained in safe and sanitary condition and in accordance with all applicable laws SECTION 5-54 STRUCTURAL REQUIREMENTS (a) General Buildings or structures may be of any type of construction permitted by the Building Code Roofs, floors, walls, foundations and all other structural components of build- ings shall be capable of resisting any and all forces and loads to which they may be subjected All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the Building Code Buildings of every permitted type of construction shall comply with the applicable require- ments of the Building Code (b) Shelter Every building shall be weather protected so as to provide shelter for the occupants against the elements and to exclude dampness (c) Protection and Materials All wood shall be protected against termite damage and decay as provided in the Building Code SECTION 5-55 HEATING AND VhNTILATION (a) Heating Every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a room temperature of 700N at a point 3 feet above the floor in all habitable rooms Such facilities shall be installed and main- tained in a safe condition and in accordance with Chapter 37 of PAGE 9 the Building Code, the Mechanical Code, and all other appli- cable laws Unvented fuel -burning heaters shall not be permitted All heating devices or appliances shall be of an approved type (b) Electrical Equipment All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws All electrical equipment shall be of an approved type (c) Ventilation Ventilation for rooms and areas and for fuel -burning appliances shall be provided as required in the Mechanical Code and in this article Where mechanical venti- lation is provided in lieu of the natural ventilation required by this article, such mechanical ventilating system shall be maintained in operation during the occupancy of any building or portion thereof SECTION 5-56 EXITS Every dwelling unit or guest room shall have access directly to the outside or to a public corridor All buildings or portions thereof shall be provided with exits, exitways and appurtenances as required by Chapter 33 of the Building Code Every sleeping room below the fourth story shall have at least one operable window or exterior door approved for emergency egress or rescue The units shall be operable from the inside to provide a full, clear opening without the use of separate tools All egress or rescue windows from sleeping rooms shall have a minimum net clear opening of 5 7 square feet The minimum net clear opening height dimension shall be 24 inches The minimum net clear opening width dimension shall be 20 inches Where win- dows are provided as a means of egress or ingress they shall have a finished sill height not more than 44 inches above the floor SECTION 5-57 FIRE PREVENTION All buildings or portions thereof shall be provided with the degree of fire -resistive construction as required by the Building PAGE 10 Code for the appropriate occupancy, type of construction and location on property, and shall be provided with the appropriate fire -extinguishing systems or equipment required by Chapter 38 of the Building Code DIVISION III SUBSTANDARD BUILDINGS SELTION 5-58 DEFINITION (a) General Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof, shall be deemed and hereby is declared to be a substandard building (b) Inadequate Sanitation Inadequate sanitation shall include but not be limited to the following 1 Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit 2 Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel 3 Lack of, or improper kitchen sink 4 Lack of hot and cold running water to plumbing fixtures in a hotel or motel 5 Lack of hot and cold running water to plumbing fixtures in a dwelling unit 6 Lack of adequate heating facilities 7 Lack of, or improper operation of required ventilating equipment 8 Lack of minimum amounts of natural light and ventilation required by this article 9 Room and space dimensions less than required by this article 10 Lack of required electrical lighting and power 11 Dampness of habitable rooms 12 Infestation of insects, vermin or rodents as determined by the building official or health officer 13 General dilapidation or improper maintenance PAGE 11 14 Lack of connection to required sewage disposal system 15 Lack of adequate garbage and rubbish storage and removal facilities as determined by the building official (c) Structural Hazards Structural hazards shall include but not be limited to the following 1 Deteriorated or inadequate foundations 2 Defective or deteriorated flooring or floor supports 3 Flooring or floor supports of insufficient size to carry imposed loads with safety 4 Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration 5 Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety 6 Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration 7 Members of ceilings, roofs, ceiling and roof supports or other horizontal members that are of insufficient size to carry imposed loads with safety 8 Fireplaces or chimneys which list, bulge or settle, due to defective material or deterioration 9 Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety (d) Hazardous Wiring All wiring except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner (e) Hazardous Plumbing All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross -connections and siphonage between fixtures (f) Hazardous Mechanical Equipment All mechanical equip- ment, including vents, except that which conformed with all PAGE 12 applicable laws in effect at the time of installation and which has been maintained in good and safe condition (g) Faulty Weather Protection, which shall include but not be limited to the following 1 Deteriorated, crumbling or loose plaster 2 Deteriorated or ineffective waterproofing of exterior walls, roof, foundatons or floors, including broken or missing windows or doors 3 Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering 4 Broken, rotted, split or buckled exterior wall coverings or roof coverings (h) Fire Hazard Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause (1) Faulty Materials of Construction All materials of construction except those which are specifically allowed or approved by this code and the Building Code, and which have been adequately maintained in good and safe condition (j) Hazardous or Unsanitary Premises Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health or safety hazards in the opinion of the building official or his designated representative (k) Inadequate Maintenance Any building or portion there- of which is determined to be an unsafe building in accordance with Chapter 2 of the Building Code (1) Inadequate Exits All buildings or portions thereof not provided with adequate exit facilities as required by this article except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of PAGE 13 their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed (m) Inadequate Fire -Protection or Fire -Fighting Equipment All buildings or portions thereof which are not provided with the fire -resistive construction or fire- extinguishing systems or equipment required by this article, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire -resistive integrity and fire -extinguishing systems or equipment have been adequately maintained and improved in relation to an increase in occupant load, alteration or addition, or any change in occupancy (n) Improper Occupancy All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies DIVISION IV PROCEDURES SECTION 5-59 NOTICES AND ORDERS OF BUILDING OFFICIAL (a) Commencement of Proceedings Whenever the building official has inspected or caused to be inspected any building and has found and determined that such building is a substandard building, he shall commence proceedings to cause the repair, vacation or demolition of the building (b) Notice and Order The building official shall issue a notice and order directed to the record owner of the building The notice and order shall contain 1 The street address or a legal description sufficient for identification of the premises upon which the building is located 2 A statement that the building official has found the building to be substandard with a brief and concise description of the conditions found to PAGE 14 render the building substandard under the provisions of this article 3 A statement of the action required to be taken as determined by the building official a If the building official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the building official shall determine is reasonable under all the circumstances b If the building official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the building official to be reasonable c If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building official shall determine is reasonable (not to exceed 60 days from the date of the order), that all demolition permits required be secured therefor within 60 days from the date of the order, and that the demolition be completed within such time as the building official shall determine is reasonable 4 Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the building official will order the building vacated and posted to prevent further occupancy until the work is completed s statements advising (1) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the building official to the Building Code Board, provided the appeal is made in writing as provided in this article and filed with the building official within 30 days from the date of service of such notice and order, and (2) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter (c) SERVICE OF NOTICE AND ORDER The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property, and one copy thereof shall be served on each of the following if known to the building official or disclosed PAGE 15 from official public records the holder of any mortgage or deed of trust or other lien or encumbrance of record, the owner or holder of any lease of record, and the holder of any other estate or legal interest of record in or to the building or the land on which it is located fhe failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this article (d) METHOD OF SERVICE Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last real property assessment roll of a local taxing authority or as is otherwise known to the building official If no address of any such person so appears or is known to the building official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this article Service by certified mail in the manner herein provided shall be effective on the date of mailing SECTION 5-60 RECORDATION OF NOTICE AND ORDER If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the building official shall file in the Deed Records of the Office of the County Clerk a certificate describing the property and certifying (1) that the building has been determined to be a substandard building by the building official and (2) that the owner has been so notified Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard PAGE 16 building on the property described in the certificate, the building official shall file a new certificate with the County Clerk certifying that the building has been demolished or all required corrections have been made so that the building is no longer substandard, whichever is appropriate SECTION 5-61 REPAIR, VACATION AND DEMOLITION (a) Standards to be Followed The following standards shall be followed by the building official (and by the Building Code Board if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure 1 Any building declared a substandard building under this article shall either be repaired in accordance with the current Building Code or shall be demolished at the option of the building owner 2 If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated SECTION 5-62 NOTICE TO VACATE (a) Posting Every notice to vacate shall, in addition to being served as provided in Section 5-59 be posted at or upon each exit of the building and shall be in substantially the following form DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice BUILDING OFFICIAL CITY OF DENTON, TEXAS (b) Compliance Whenever such notice is posted, the build- ing official shall include a notification thereof in the notice and order issued by him under this article, reciting the emergency and specifying the conditions which necessitate the posting No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and PAGE 17 a Certificate of Occupancy issued pursuant to the provisions of the Building Code SECTION 5-63 APPEALS (a) Form of Appeal Any person entitled to service under Section 5-59(c) may appeal from any notice and order or any action of the building official under this article by filing at the Office of the Building Official a written appeal and filing fee of Twenty Dollars ($20 00) The appeal shall contain 1 A heading in the words "Before the Building Code Board of the City of Denton, Texas" 2 A caption reading "Appeal of ," giving the names of all appellants participating in the appeal 3 A brief statement setting forth the legal inter- est of each of the appellants in the building or the land involved in the notice and order 4 A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant 5 A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside 6 The signatures of all parties named as appel- lants and their official mailing addresses 7 The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal The appeal shall be filed within 30 days from the date of the service of such order or action of the building official, provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section 5-62, such appeal shall be filed within 10 days from the date of the service of the notice and order of the building official (b) Processing of Appeal Upon receipt of any appeal filed pursuant to this article, and receipt of the filing fee, the building official shall present the appeal at the next regular or special meeting of the Building Code Board (c) Scheduling and Noticing Appeal for Hearing As soon as practicable after receiving the written appeal the Building Code PAGE 18 Board shall fix a date, time, and place for the hearing of the appeal by the board Such date shall be not less than 10 days nor more than 60 days from the date the appeal was filed with the building official Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal SECTION 5-64 SCOPE OF HEARING ON APPEAL Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal SECTION 5-65 STAYING OF ORDER UNDER APPEAL Except for vacation orders made pursuant to Section 5-61, enforcement of any notice and order of the building official issued under this article shall be stayed during the pendency of an appeal therefrom which is properly and timely filed SECTION 5-66 PROCEDURE FOR CONDUCT OF HEARING APPEALS (a) Hearing Examiners The board may appoint one or more hearing examiners or designate one or more of its members to serve as hearing examiners to conduct the hearings The examiner hearing the case shall exercise all powers relating to the conduct of hearings until it is submitted by him to the board for decision (b) Record A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the board (c) Reporting The proceedings at the hearing shall also be reported by a reporter if requested by any party thereto A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor (d) Continuances The board may grant continuances for good cause shown, however, when a hearing examiner has been assigned PAGE 19 to such hearing, no continuances may be granted except by him for good cause shown so long as the matter remains before him (e) Oaths -Certification In any proceedings under this article, the board, any board member, or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts (f) Reasonable Dispatch The board and its representatives shall proceed with reasonable dispatch to conclude any matter before it Due regard shall be shown for the convenience and necessity of any parties or their representatives SECTION 5-67 FORM OF NOTICE OF HEARING The notice to appellant shall be substantially in the follow- ing form, but may include other information "You are hereby notified that a hearing will be held be- fore the Building Code Board, at _ on the day of , 19 at t e�iiour upon the notice anU order served upon you You may Ge present at the hearing You may be, but need not be, represented by counsel You may present any relevant evidence and will be given full opportunity to cross- examine all witnesses testifying against you You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with the Building Code Board (or name of hearing examiner) " SECTION 5-68 SUBPOENAS (a) Filing of Affidavit The board or examiner may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at a hearing upon the requst of a member of the board or upon the written demand of any party The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness, specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved, and states that the witness has the desired things in his possession or under his control A subpoena need not be issued when the affidavit is defective in any particular PAGE 20 (b) Cases Referred to Examiner In cases where a hearing is referred to an examiner, all subpoenas shall be obtained through the examiner (c) Penalties It shall be unlawful for any person to refuse without lawful excuse to attend any hearing or to produce mate- rial evidence in his possession or under his control as required by any subpoena served upon such person as provided for herein SECTION 5-69 CONDUCT OF HEARING (a) Rules Hearings need not be conducted according to the technical rules relating to evidence and witnesses (b) Oral Evidence Oral evidence shall be taken only on oath or affirmation (c) Hearsay Evidence Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this State (d) Admissibility of Evidence Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this State (e) Exclusion of Evidence Irrelevant and unduly repetitious evidence shall be excluded (f) Rights of Parties Each party shall have these rights, among others 1 To call and examine witnesses on any matter relevant to the issues of the hearing, 2 To introduce documentary and physical evidence, 3 To cross-examine opposing witnesses on any matter relevant to the issues of the hearing, 4 To impeach any witness regardless of which party first called him to testify, PAGE 21 5 To rebut the evidence against him, 6 To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so (g) Inspection of the Premises The board or the hearing examiner may inspect upon notice to all parties any building or premises involved in the appeal during the course of the hearing SECTION 5-70 METHOD AND FORM OF DhCISION (a) Hearing before Board Itself Where a contested case is heard before the board itself, no member thereof who did not hear the evidence or has not read the entire record of the proceedings shall vote on or take part in the decision (b) Hearing before Examiner If a contested case is heard by a hearing examiner alone, he shall within a reasonable time (not to exceed 90 days from the date the hearing is closed) submit a written report to the board Such report shall contain a brief summary of the evidence considered and state the examiner's findings, conclusions and recommendations The report also shall contain a proposed decision in such form that it may be adopted by the board as its decision in the case All examiner's reports filed with the board shall be matters of public record A copy of each such report and proposed decision shall be mailed to each party on the date they are filed with the board (c) Consideration of Report by Board -Notice The board shall fix the time, date and place to consider the examiner's report and proposed decision Notice thereof shall be mailed to each interested party not less than five days prior to the date fixed, unless it is otherwise stipulated by all of the parties (d) Exceptions to Report Not later than two days before the date set to consider the report, any party may file written exceptions to any part or all of the examiner's report and may attach thereto a proposed decision together with written PAGE 22 argument in support of such decision By leave of the board, any party may present oral argument to the board (e) Disposition by the Board The board may adopt or reject the proposed decision in its entirety, or may modify the proposed decision (f) Proposed Decision Not Adopted If the proposed decision is not adopted as provided in Subsection (e), the board may decide the case upon the entire record before it, with or with- out taking additional evidence, or may refer the case to the same or another hearing examiner to take additional evidence If the case is reassigned to a hearing examiner, he shall prepare a report and proposed decision as provided in Subsection b hereof after any additional evidence is submitted Consideration of such proposed decision by the board shall comply with the provi- sions of this section (g) Form of Decision The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with A copy of the decision shall be delivered to the appellant personally or sent to him by certified mail, postage prepaid, return receipt requested (h) Effective Date of Decision The effective date of the decision shall be as stated therein SECTION 5-71 DEMOLITION ORDERED -HEARING TO BE HELD IN ALL CASES (a) Hearing Required In cases where the building official has determined that a building or structure should be demolished, a hearing before the Building Code Board shall be held regard- less of whether or not an appeal from such determination has been filed by any person (b) Notice of HeariER Notice of the Hearing shall be given as in cases where an appeal has been filed In addition, the Secretary of the Board shall cause a notice to be published in a newspaper of general circulation in the Lity at least ten (10) PAGE 23 days prior to the scheduled hearing date fhe published notice shall be directed to any person having any interest in the property, stating the names of such persons, if known The notice shall include 1 The street address and a legal description sufficient for identification of the premises upon which the building is located 2 A statement that the building official has found the building located thereon to be substandard and to constitute a hazard to the health, safety and welfare of the citizens 3 A statement that a hearing will be held before the Building Code Board on a date and time and at a place therein specified to determine whether the building should be demolished in accordance with the notice and order of the building official (c) Hearing Procedure The hearing shall be held in accor- dance with Section 5-66, as in cases where an appeal from the building official's order has been filed (d) Determination Required to Demolish A notice and order to demolish a building shall be issued only in those cases where the board after the hearing has determined that the building is dilapidated, substandard or unfit for human habitation and that the building constitutes a hazard to the health, safety and welfare of the citizens The board shall make its determination and decision in accordance with procedures of Section 5-70 as though an appeal has been filed (e) Notice of Demolition 1 Notice by Mail Whenever the Board has determined that a building should be demolished, the boards notice and order shall be sent to all record owners, interested parties of record or other persons known to have an interest in the property informing such persons of the Board's determination and that, pursuant to said determination, the building will be demolished The notice shall state that the costs of demolition shall be assessed against the property All notices shall be sent by registered or certified mail, return receipt requested 2 Notice by Publication In addition to the foregoing, the building official shall cause to be published in a PAGE 24 newspaperof local circulation, prior to the beginning of demolition, a notice of the board's determination The notice shall contain a description of the location of the property and shall state that the building on the premises will be demolished and that the cost of demolition will be assessed against the property SECTION 5-72 PERFORMANCE OF DEMOLITION When any demolition is to be done pursuant to this article, the building official shall cause the work to be done by city personnel or by private contract under the supervision of the building official All contracts for demolition work shall be entered into pursuant to procedures specified by ordinance or state law SECTION 5-73 RECOVERY OF DEMOLITION COSTS The building official shall keep an itemized account of the expense incured by the City of Denton in the demolition of any building done pursuant to this article and the entire costs of demolition, less any salvage value recovered, shall be levied, assessed and collected by the Office of the Building Official Upon completion of the demolition, a privileged lien, second only to tax liens and liens for street improvements, shall be filed and perfected against the property on which the demolition occurred The cost levied against the property shall include a One Hundred Dollar ($100 00) administrative fee The building official shall send a notice to the owner of the premises requsting payment of the demolition costs within thirty (30) days of the date of the notice Any such assessment remaining unpaid after thirty (30) days from the date of notice shall become delinquent and shall bear interest at ten percent (10%) per annum The amount of the assessment shall be subject to the same procedure and sale in case of delinquency as provided by the laws of the State of Texas for real property taxes SECTION 5-74 OBJECTIONS TO ASSESSMENT Any person interested in or affected by an assessment levied PAGE 25 against property as a result of any demolition work may file a written protest or objection with the Building Code Board, specifically stating the grounds of such objections The board shall within a reasonable time review the assessment and the grounds for objections and may adjust the amount of such assessment in accordance with any errors made in calculating such assessment SECTION III That Section 5-75 through Section 5-174 of Chapter 5 of the Code of Ordinances of the City of Denton, Texas is hereby reserved for future use SECTION IV That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity SECTION V That any person violating any of the provisions of this ordinance shall, upon conviction, be fined a sum not exceeding Two Hundred Dollars ($200 00), and each day and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense This penalty is in addition to and cumulative of, any other remedies as may be available at law and equity SECTION VI That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be PAGE 26 published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the 67 day ofJZ1983 IT OF D TON, TEXAS ATTEST � 1 ` APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS �__Ag BY PAGE 27 ƒ *0 { ) k ri ri ; k / HERE PASTE THE NOTICE BY PUBLICATION CUT FROM PAPER F J( No IN THE MATTER OF THE s AnFxfeaf eJllsting—m)mmum, npusipg eh budding 6lantlar s cadet aitecfing a new miOln'lum AFFIDAVIT OF PUBLISHER TO hdEjsing and building sigh' PUBLICATION OF LEGAL NOTICE dards code 'to providetidh iusing maantlndaros r buliga ing am housing to provide for procedures fora repair or abatement of ad filye or substandard hou$ Fdt d tht day 4r OYIIIings Ito provide fort a I" alfli of two hungred, 104re r $100 00) for I v10 19 tiOAs' gdit t0 prpvl I or'ase"rabliltYclause o d Ojptovide for an effQgF,Ct�ve la10 of fttomber 20 1069 r, $gtembefei-1 14 �ig$$4,x, 1 gv Deputy a l