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Home My WebLink About24-977ORDINANCE NO.24-977 AN ORDINANCE OF THE CITY OF DENTON AMENDING CERTAIN PROVISIONS OF CHAPTER 17 OF THE DENTON PROPERTY MAINTENANCE CODE INCLUDING BUT NOT LIMITED TO ART. 1. SEC. 17-2 DEFINITIONS BY INCORPORATING OR UPDATING THE DEFINITIONS OF “APPRAISED VALUE,” “APPROVED,” “BUILDING,” “BUILDING OFFICIAL,” “CODE ENFORCEMENT OFFICER,” “DEMOLISH,” “DILIGENT EFFORT,“ “MINIMUM HOUSING STANDARDS,” “NOTICE PARTY(TIES),” “SECURING,” “STRUCTURE,” “VACANT” BY REPEALING THE DEFINITION “CODE OFFICIAL”, AND MODIFYING SECTIONS 17-2, 17-142, 17-143, 17-144, 17-158, 17-167, AND 17-168 TO REMOVE REFERENCES TO “CODE OFFICIAL;” AND BY AMENDING ART. I. SEC. 17-3. ENFORCEMENT BY REPLACING !7-3(A), and 17-3(B), AND BY CREATING 17-3(C) AND 17-3(D); AND AMENDING ARTICLE II. NOISE AND ODORS BY REMOV[NG “AND ODORS” AND REPEALING ART. 11. SEC. 17-21. ODORS; AND AMENDING ARTICLE IV. GRASS, WEEDS AND OTHER VEGETATION. SEC. 17-40.; AND AMENDING ART. VIiI FENCES. SEC. 17-80. TO REPEAL PART (C); AND BY AMENDING SECTION 17-101 (a) PARKING NUISANCES TO REPEAL (3); AND BY REPEAL[NG AND REPLACING ART. XIII. BUILDINGS AND BUILD[NG REGULATIONS. DIVISION 3. DANGEROUS STRUCTURES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVID[NG FOR A PENALTY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to enhance Chapter 17 of the Denton Property Maintenance Code to better serve our community's needs and support the Council’s priority of fostering healthy and safe communities; and WHEREAS, these enhancements are proposed Chapter 17 changes that are tailored to: streamline and clarify the City’s enforcement process; remove subjective property maintenance standards such as odor; and fine tune property maintenance standards related to disposal of yard debris, fencing, and parking nuisances; and WHEREAS, it is also in the public interest that the City have a robust dangerous building program in place to serve the community’s interest in healthy and safe communities by having a means to safely monitor and abate dangerous structures; and WHEREAS, City staff engaged in a thorough review of the dangerous structure code sections of numerous Texas cities and have used that comparative analysis to craft a code update that balances a property owner’s due process rights with the community’s interest and need in rehabilitating, repairing, or removing dangerous, unsafe buildings; and WHEREAS, the Health and Building Standards Commission has, in their July 11, 2024 meeting, reviewed the proposed Chapter 17 changes and has recommended their approval; and WHEREAS, the City has actively engaged the public to educate on both the current ordinance and the proposed changes; and WHEREAS, the City Council of the City of Denton, finds that it is in the best interest of public health and safety to adopt amendments to Chapter 17 of the Denton Property Maintenance Code; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The following sections of Chapter 17 of the Denton Code of Ordinances are hereby amended as set forth in Exhibit A, which is attached and fully incorporated herein by reference : 1. Section 17-2. Definitions, adding new definitions, modifying existing definitions, and deleting Code Official. Sections 17-142, 17-143, 17-144, 17-158, 17-167, and 17-168, amended to remove references to Code Official Section 17-3. Simplifying code enforcement officer’s scope of action and process for inspecting property via inspection warrants; relocating the existing penalty provision to a more useful location; and incorporating state statute permitting City to regulate nuisances up to 5,000 feet outside of the city’s limits. Section 17-2 1. Repealing this section to remove a subjective property maintenance standard. Section 17-40. Adding prohibition of discarding yard waste into public streets or right of way. Section 17-80. Removing a subjective property maintenance standard for perimeter fencing. Section 17-101. Removing a property maintenance standard related to parking that is in conflict with the Denton Development Code. 2 3 4 5 6 7 SECTION 3. Code of Ordinances Ch. 17 Article. XIII. Buildings and Building Regulations. Division 3. Dangerous Structures is hereby repealed in its entirety and replaced with the Chapter 17, Article XIII. Buildings and Building Regulations. Division 3. Dangerous Structures shown in Exhibit A, which is attached and fully incorporated herein by reference. SECTION 4. If any section, article, paragraph, sentence, phrase, clause, or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 5. All provisions of the ordinances of the City of Denton in conflict with the provision of this ordinance are hereby repealed. The repeal of any ordinance or any portion thereof by the preceding text shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect and such shall remain in force for all intents and purposes as if such ordinance or part thereof so repealed shall remain in force. SECTION 6. Any person violating any provision of this ordinance shall, upon conviction, be found guilty of a Class ''C” misdemeanor and fined a sum not to exceed five hundred dollars ($500.00) for each violation. SECTION 7. The City Secretary is hereby directed to record and publish the above regulations in the City’s Code of Ordinances. SECTION 8. Pursuant to Section 2.09(c) of the Charter for the City of Denton, this ordinance shall become effective ninety (90) days from the date of this passage and the City Secretary is hereby directed to cause the caption of this ordinance to be 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. Th, m,ti,„t, ,PP„„, thli, O,di„,„„ W„ m,d, by e,,,,, J k, Jsp+h ,„d seconded by Mak : By I J , the Ordinance was passed and approved by the following vote K, Aye L/ L/ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2:,/ Paul Meltzer, District 3 :b/ Joe Holland, District 4: Brandon Chase McGee, At Large Place 5 : Jill Jester, At Large Place 6: V ,/ PASSED AND APPROVED this the IDL day of A uSGS +, 2024 /J&/#– GERARD HUDSPETH. MAYOR ATTEST : LAUREN THODEN, CITY SECRETARY .„cy„„„- Jh” APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY