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1983-098AN ORDINANCE REPEALING THE EXISTING MINIMUM HOUSING AND BUILDING STANDARDS LODE, 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, FO PROVIDE FOR A PENALTY OF TWO HUNDRED DOLLARS FOR VIOLATIONS THEREOF, TO PROVIDE FOR A SEVhRABILITY CLAUSE, AND ro PROVIDE FOR AN EFFECTIVE 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Chapter 5 ("Minimum Housing and Buxldxng Standards") of the Code of Ordxnances of the Cxty of Denton, Texas, xs hereby repealed SECTION II That a new Artxcle IV of Chapter $ of the Code of Ordxnances of the City of Denton, Texas, is hereby adopted to read as follows ARTICLE IV MINIMUM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 Txtle of Artxcle Thxs article shall be known as the Mlnxmum Housing and Buxldlng Standards Code SECTION 5-45 LEGISLATIVE FINDING OF FACT It xs hereby found and declared that there exists xn the Cxty of Denton, Texas, structures used for human habitation and non-resldentxal purposes, whxch are or may become xn the future, substandard, dxlapldated or unfit for human habxtatlon wxth respect to structure, equipment, or maintenance, and further that such conditions together w~th inadequate provision for light and a~r, ~nsuff~c~ent protection against f~re hazards, lack of proper heating, ~nsanltary conditions, and overcrowding constitute a menace to the health, safety, welfare, and reasona,ble comfort of its c~tlzens It ~s further found and declared that the existence of such conditions, factors, or characteristics will, ~f not remedied, create slum and blighted PAGE i 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 ~nvestment and tax revenue, and an Impairment of economic values It is further found and declared that the establishment and maintenance of minimum structural and enwronmental standards are essential to the prevention of blight and decay and the safeguarding of public health, safety, and welfare SECTION 5-46 PURPOSE OF ARTICL~ 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 m~nlmum standards governing the construction, use, occupancy, and maintenance of ail 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 ail 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 f~x~ng penalties for the violation of the provisions of this article Th~s article is hereby declared to be remedial and essential to the public ~nterest, and it is intended that this article be l~berally 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 th~s 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) Bulldxng Code is the unxform Buxldxng Code promul- gated by the Internatxonal Conference of Buxldxng Offxclals as adopted, as amended, by the Cxty of Denton, Texas (3) Efficiency Dwell~n~ Unit ~s a dwelling unit con- tanning only one habitable room and meeting the requirements of Section 5-51(c) (4) Mechanical Code ~s the Un~form Mechanical Code promulgated By the International Conference of Building Officials as adopted, as amended, by the C~ty of Denton, Texas (5) Plumb~n~ Code ~s the Uniform Plumbing Code promul- gated by the International Association of Plumbing and Mechanical Off~cxals as adopted, as amended, by the C~ty of Denton (6) glectr~cal Code is the National Electrical Code promulgated by the National F~re Protection Association as adopted, as amended by the C~ty of Denton SECTION 5-48 ENFORCEMENT (a) Enforcing Officer The building official, or h~s representative, ~s hereby authorized and d~rected to enforce the prowslons of th~s article (b) Right of EntrZ Whenever necessary to make an ~nspect~on to enforce any of the prows~ons of th~s article, or whenever the building official has reasonable cause to believe that there exists ~n any building or upon any premises any condition or v~olat~on which makes such building or premises unsafe, dangerous or hazardous, the buxld~ng official may enter such building or premises at all reasonable t~mes to ~nspect the same or to per- form any duty ~mposed upon the building official by th~s article, provided that ~f such building or premises be occupied, he shall f~rst present proper credentials and request entry, and ~f such building or premxses be unoccupied, he shall f~rst make a reasonable effort to locate the owner or other persons havxng 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 l~able for v~olat~ons of duties ~mposed upon h~m by th~s article even though the owner has, by agreement, ~mposed on the occupant the PAGh 5 duty of furnishing required equipment or of complying with this article Every owner, or his agent, ~n addition to being responsible for maintaining his building ~n a sound structural condition, shall be responsible for keeping that part of the building or premises which he occupies or controls ~n a clean, sanitary and safe condition ~nclud~ng the shared or public areas ~n a bu~ld- lng containing two or more dwelling un~ts (d) V~olat~ons It shall be unlawful for any person, f~rm 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 ~n v~olatlon of th~s article Each day a v~olat~on of th~s article occurs ~s a separate offense and ~s punishable by a f~ne of up to Two Hundred Dollars ($200 00} S5CTION 5-49 5COPE (a) Application The prowslons of th~s article shall apply to all buildings or portions thereof used, or designed or ~ntended to be used or occupied Such uses or occupancies ~n ex~st~ng buildings may be continued as provided ~n Chapter I of the Building Code, except such structures as are found to be substandard as defined in this article Where any building or port~on thereof ~s used or ~ntended to be used as a combination apartment house-hotel, the provisions of th~s article shall apply to the separate portions as ~f they were separate buildings Every rooming house or lodging house shall comply w~th all the requirements of th~s article for dwellings (b) Alteration Existing buildings which are altered or enlarged shall be made to conform to th~s article ~nsofar as the new work is concerned and ~n accordance w~th Chapter I of the Building Code (c) Relocation Buildings or structures moved ~nto or within this ~ur~sd~ct~on shall comply w~th all applicable codes for new buildings and structures PAGE 4 DIVISION II MINIMUM STANDARDS SECTION 5-50 MINIMUM STANDARDS FOR CONTINUED USE AND OCCUPANCY Ail buildings and portions thereof shall conform to the minimum standards for continued use and occupancy set forth xn th~s D~v~slon II SECTION $-51 SPACE AND OCCUPANCY REQUIREMENTS (a) Courts Every court shall be not less than $ feet ~n width Courts having windows opening on opposite s~des shall be not less than 6 feet In w~dth 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 ~n height the court shall be ~ncreased 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 ~n height shall be provided with a horizontal air intake at the bottom not less than 10 square feet ~n area and leading to the exterior of the building unless abutting a yard or public space The construction of the air ~ntake shall be as required for the court walls of the building, but ~n no case shall be less than one-hour fire-resistive (b) Ceiling Height__s Habitable space shall have a ceiling height of not less than 7 feet 6 ~nches except as otherwise permitted ~n th~s section K~tchens, halls, bathrooms and to~let 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 ~nches on center, ceiling height shall be measured to the bottom of PAGE 5 these members Where exposed beam ceiling members are spaced at 45 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 $ 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 $0 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- flclal 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 $ 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 ~n wxdth and a clear space in front of water closet stool of not less than 24 ~nches shall be prowded SECTION 5-52 LIGHT AND VENTILATION (a) Natural L~ght and Ventilation All guest rooms, dormitories and habitable rooms w~th~n a dwelling unit shall be provided with natural l~ght by means of exterior glazed openings w~th 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 s~m~lar rooms shall be provided w~th natural ventilation by means of operable exterior openings w~th an area not less than one-twentieth of the floor area of such rooms w~th a minimum of 1-1/2 square feet (b) Orlg~n of Light and Ventilation Required exterior openings for natural l~ght and ventilation shall open d~rectly onto a street or public alley or a yard or court located on the same lot as the building EXCEPTION Required w~ndows may open ~nto 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 3Has the longer side at least 65 percent open and unobstructed A required w~ndow ~n a serwce room may open ~nto a vent shaft which ~s open and unobstructed to the sky and not less than 4 feet in least d~mens~on No vent shaft shall extend through more than two stories For the purpose of determ~nxng lxght and ventilation require- ments, any room may be consxdered as a port~on of an adjoining room when one-half of the area of the common wall ~s open and unobstructed and provides an openxng of not less than one-tenth of the floor area of the zntenor room or 25 square feet, whxch- ever ~s greater (c) Mechanical Ventllatxon In l~eu o~ required exterxor PAGE 7 openings for natural ventilation, a mechanical ventilation sys- tem may be provided Such system shall be capable of providing two a~r changes per hour in all guest rooms, dormitories, hab~t- able rooms and in pubhc corridors One-f~fth 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 d~rectly to the outside, capable of providing five a~r changes per hour, shall be provided {d) Hallways All public hallways, stairs and other ex,t- ways shall be adequately lighted at all times ~n accordance w~th Chapter 33 of the Building Code S~CTION $-S3 SANITATION {a) Dwelling Un,ts Every dwelling unit shall be provided w~th a bathroom equipped with facilities consisting of a water closet, lavatory, and e~ther 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 ana 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) K~tchen Each dwelling unit shall be provided w~th a k~tchen Every k~tchen shall be provided w~th a kitchen s~nk Wooden sinks or sinks of $1mxlarly absorbent material shall not be permxtted (d) Fzxtures All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage d~sposal system Ail plumbing fixtures shall be connected to an approved system of water supply and provxded w~th 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 fxnxshed xn accordance w~th Chapter 17 of the Building Code (f) Room Separations Every water closet, bathtub or shower requxred by th~s article shall be ~nstalled ~n a room which wxll afford privacy to the occupant A room ~n which a water closet ~s located shall be separated from iood preparatxon or storage rooms by a t~ght-f~tt~ng door (g) Installation and Maxntenance All sanitary fac~l~txes shall be ~nstalled and ma~ntaxned ~n safe and sanitary condition and ~n accordance w~th all applicable laws SECTION 5-54 STRUCTURAL REQUIREMENTS (a) General Buildings or structures may be of any type of construction permitted by the Bu~ldxng 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 ~o~ned ~n accordance w~th the stress l~m~tatxons and design crzter~a as specxf~ed Cn the appropriate sections of the Bu~ldzng Code Bu~ldzngs of every permxtted type of constructxon shall comply w~th the applicable require- ments of the Bu~ldzng Code (b) Shelter Every buxldzng shall be weather protected so as to provide shelter for the occupants agaxnst the elements and to exclude dampness (c) Protection and Materials All wood shall be protected against termzte damage and decay as prowded ~n the Buxld~ng Code SECTION $-55 HEATING AND VgNTILATION (a) Heatzng ~very dwelling unit and guest room shall be prowded w~th heatxng fac~lCtxes capable of ma~ntazn~ng a room temperature of 70°~ at a poznt 3 feet above the floor ~n all habitable rooms Such faczl~t~es shall be xnstalled and ma~n- tazned zn a safe condzt~on and ~n accordance w~th 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 Ail heating devices or appliances shall be of an approved type (b) £1ectr~cal Equipment All electrical equipment, wiring and appliances shall be installed and maintained ~n 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 ~n this article Where mechanical venti- lation ~s provided in l~eu 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 S~CTION 5-56 EXITS Every dwelling unit or guest room shall have access d~rectly to the outside or to a public corridor All buildings or portions thereof shall be prowded with exits, exltways and appurtenances as required by Chapter 35 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 un~ts shall be operable from the ~nslde 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 $ 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 ~ngress they shall have a finished s~ll height not more than 44 inches above the floor SECTION 5-57 FIRE PREVENTION All buildings or portions thereof shall be provided w~th the degree of f~re-res~stlve construction as required by the Building PAGE 10 Code for the appropriate occupancy, type of construction and location on property, and shall be prowded with the appropriate f~re-ext~ngu~sh~ng systems or equipment required by Chapter 58 of the Building Code DIVISION III SUBSTANDARD BUILDINGS SECTION S-$8 D~FINITION (a) General Any building or portion thereof ~nclud~ng any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, ~n which there exists any of the following l~sted conditions to an extent that endangers the l~fe, l~mb, 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 l~m~ted to the following 1 Lack of, or ~mproper water closet, lavatory, bathtub or shower ~n a dwelling unit Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel 5 Lack of, or ~mproper k~tchen s~nk 4 Lack of hot and cold running water to plumbing f~xtures ~n a hotel or motel $ Lack of hot and cold running water to plumbing fixtures ~n a dwelling unit Lack of adequate heating facilities 7 Lack of, or ~mproper operation of required ventilating equipment 8 Lack of m~n~mum amounts of natural l~ght and ventilation required by th~s article 9 Room and space dimensions less than required by th~s article 10 Lack of required electrical lighting and power 11 Dampness of habitable rooms 12 Infestation of ~nsects, vermin or rodents as determined by the building official or health officer 15 General d~lapldatlon or improper maintenance PAGE 11 14 Lack of connection to required sewage d~sposal system 15 Lack of adequate garbage and rubbish storage and removal facilities as determined by the building official (c) Structural Hazards Structural hazards shall ~nclude but not be l~m~ted to the following 1 Deteriorated or ~nadequate foundations Defective or deteriorated flooring or floor supports Flooring or floor supports of ~nsuff~c~ent s~ze to carry ~mposed loads w~th safety 4 Members of walls, partitions or other vertical supports that spl~t, lean, l~st or buckle due to defective mater~al or deterioration $ Members of walls, partitions or other vertical supports that are of ~nsuff~c~ent s~ze to carry ~mposed loads w~th safety 6 Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, spl~t or buckle due to defective mater~al or deterioration 7 Members of ceilings, roots, ceiling and roof supports or other horizontal members that are of ~nsuff~clent s~ze to carry ~mposed loads w~th safety 8 F~replaces or chimneys which l~st, bulge or settle, due to defective mater~al or deterioration 9 F~replaces or chimneys which are of ~nsuff~c~ent size or strength to carry ~mposed loads w~th safety (d) Hazardous Wzrzng All w~rzng except that which conformed wzth all applzcable laws zn effect at the tzme of znstallatzon and which has been maintained zn good condztlon and zs being used zn a safe manner (e) Hazardous Plumbzn~ All plumbzng except that which conformed wzth all applicable laws in effect at the t~me of ~nstallatzon and whzch has been ma~ntazned zn good cond~tzon and which ~s free of cross-connections and s~phonage between f~xtures (f) Hazardous Mechanical Equipment All mechanical equip- ment, ~nclud~ng vents, except that whxch conformed w~th all PAGB 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 $ 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 ~n good and safe condition {0) 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 Ail 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 thetr construction and whxch have been adequately maintained and ~ncreased ~n relation to any ~ncrease ~n occupant load, alteration or addxtlon, or any change ~n occupancy When an unsafe condition exists through lack of, or ~mproper location of, ex~ts, additional ex,ts may be required to be ~nstalled (m) Inadequate F~re-Protect~on or F~re-F~ght~ng Equipment All buildings or portxons thereof which are not prowded w~th the f~re-res~st~ve construction or f~re-ext~ngu~sh~ng systems or equipment required by th~s article, except those buildings or portions thereof which conformed w~th all applicable laws at the time of their construction and whose f~re-res~st~ve ~ntegr~ty and f~re-ext~ngu~shlng systems or equipment have been adequately maintained and ~mproved ~n relation to an ~ncrease ~n occupant load, alteration or addition, or any change ~n occupancy (n) Improper Occupancy All buildings or port~ons thereof occupied for l~v~ng, sleeping, cooking or d~n~ng purposes whxch were not designed or ~ntended to be used for such occupancies DIVISION IV PROChDURES SECTION 5-59 NOTILES AND ORDERS OF BUILDING OFFICIAL (a) Commencement of Proceedings Whenever the building official has ~nspected or caused to be ~nspected any bu~ld~ng and has found and determined that such bu~ld~ng ~s a substandard building, he shall commence proceedings to cause the repair, vacation or demolition of the building (b) Not~ce and Order The building official shall ~ssue a notxce and order d~rected to the record owner of the building The notice and order shall contain 1 The street address or a legal description sufficient for ~dent~f~cat~on of the premises upon which the building ~s located 2 A statement that the building official has found the building to be substandard w~th a br~e~ and concxse 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 ~s 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 5 Statements advising (1) that any person having any record t~tle 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 zn writing as provided in this article and filed with the building offxclal 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 notzce 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 ~f known to the building official or disclosed PAGh 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 ~nterest of record ~n or to the building or the land on which ~t ~s located fhe failure of the building official to serve any person required here~n 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 th~s article {d) METHOD OF SERVICE Service of the not~ce and order shall be made upon all persons entitled thereto either personally or by ma~l~ng a copy of such not~ce and order by certified ma~l, postage prepaid, return receipt requested, to each such person at his address as ~t appears on the last real property assessment roll o~ a local taxing authority or as is otherwise known to the building official If no address of any such person so appears or ~s known to the building official, then a copy of the notice and order shall be so ma~led, addressed to such person, at the address of the building ~nvolved in the proceedings The failure of any such person to receive such not~ce shall not affect the validity of any proceedings taken under this article Service by certified mall ~n the manner here~n provided shall be effective on the date of mailing SECTION 5-60 RECORDATION OF NOTICE AND ORDER If compliance ~s not had with the order w~th~n the time specified therein, and no appeal has been properly and timely f~led, the building official shall f~le ~n the Deed Records of the Office of the County Clerk a certificate describing the property and certifying (1) that the buzldxng 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 xt no longer exists as a substandard PAGE 16 building on the property described ~n the certificate, the building official shall f~le a new certificate w~th the County Clerk certifying that the building has been demolished or all required corrections have been made so that the building ~s no longer substandard, whichever ~s 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 ~f an appeal ~s taken) ~n ordering the repair, vacation or demolition of any dangerous building or structure 1 Any building declared a substandard building under th~s article shall e~ther be repaired ~n accordance w~th the current Building Code or shall be demolished at the option of the buzld~ng owner 2 If the building or structure ~s ~n such condition as to make xt immediately dangerous to the l~fe, l~mb, property or safety of the public or ~ts occupants, ~t shall be ordered to be vacated SECTION 5-62 NOTICE TO VACATE (a) Postxng Every not~ce to vacate shall, ~n addition to being served as prowded ~n Section $-59 be posted at or upon each exxt of the bulldzng and shall be ~n substantially the followCng form DO NOT ENTER UNSAFE TO OCCUPY It ~s a m~sdemeanor to occupy th~s building, or to remove or deface th~s not~ce BUILDING OFFICIAL CITY OF DENTON, ThXAS (b) Complzance Whenever such notzce ~s posted, the bu~ld- xng offxc~al shall znclude a notzf~cat~on thereof ~n the not~ce and order ~ssued by hzm under th~s article, rec~tzng the emergency and specifying the cond~txons whxch necessitate the posting No person shall remain ~n or enter any buzld~ng 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 notzce after ~t ~s posted until the requxred repazrs, demolztlon or removal have been completed and PAGE 17 a Certificate of Occupancy ~ssued pursuant to the prows~ons of the Buxld~ng Code SECTION 5-63 APPEALS (a) Form of Appeal Any person entitled to serwce under Section 5-59(c) may appeal from any notxce and order or any action of the buzld~ng official under th~s article by f~l~ng at the Off~ce of the Buzldlng Offxc~al a written appeal and f~l~ng fee of Twenty Dollars ($20 00) The appeal shall contain 1 A heading ~n the words "Before the Building Code Board of the C~ty of Denton, Texas" 2 A caption readzng "Appeal of ," gxvxng the names of all appellants participating ~n the appeal A brief statement settzng forth the legal ~nter- est of each of the appellants ~n the bu~ldzng or the land anvolved zn the not~ce and order 4 A brief statement ~n ordinary and concise language of the specific order or action protested, together w~th any mater~al facts cla~med to support the contentions of the appellant 5 A brief statement xn ordinary and concise language of the rehef sought and the reasons why xt as claxmed the protested order or actxon should be reversed, modxfxed or otherwxse set asxde 6 The s~gnatures of all part~es named as appel- lants and their official ma~l~ng addresses 7 The ver~fxcat~on (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated xn the appeal The appeal shall be f~led w~th~n 30 days from the date of the serwce of such order or action of the building off~cxal, prowded, however, that ~f the buxldlng or structure ~s ~n such condition as to make xt ~mmed~ately dangerous to the l~fe, l~mb, property or safety of the public or adjacent property and ~s ordered vacated and xs posted ~n accordance wxth Section 5-62, such appeal shall be filed w~th~n 10 days from the date of the serwce of the not~ce and order of the buxld~ng official (b) Processing of Appeal Upon receipt of any appeal f~led pursuant to th~s article, and receipt of the f~l~ng fee, the building official shall present the appeal at the next regular or special meetxng of the Buxld~ng Code Board (c) Schedulxng and Not~cxng Appeal for Hear~n$ As soon as practxcable after rece~wng the written appeal the Building Code PAGE 18 Board shall fxx a date, time, and place for the hearxng of the appeal by the board Such date shall be not less than 10 days nor more titan 60 days from the date the appeal was fxled w~th the buxld~ng offxc~al Written not~ce of the txme and place of the hearing shall be g~ven at least 10 days pr~or to the date of the hearing to each appellant either by causing a copy of such notxce to be delivered to the appellant personally or by maxl~ng a copy thereof, postage prepaxd, addressed to the appellant at h~s address shown on the appeal SECTION $-64 SCOPE OF HEARING ON APPEAL Only those matters or xssues spec~fxcally raised by the appellant shall be considered xn the heanng of the appeal SECTION 5-65 STAYING OF ORDER UNDER APPEAL Except for vacation orders made pursuant to Sectxon 5-61, enforcement of any not~ce and order of the buxld~ng official ~ssued under th~s article shall be stayed during the pendency of an appeal therefrom which ~s properly and txmely f~led SECTION 5-66 PROCEDURE FOR CONDUCT OF HEARING APPEALS (a) Hearing Examxners The board may appoint one or more hearing examiners or designate one or more of ~ts members to serve as hearing examiners to conduct the hearings The examxner heanng the case shall exercise all powers relating to the conduct of hearings untxl ~t ~s submitted by h~m 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) ~eport~ng The proceedxngs at the hearing shall also be reported by a reporter ~f requested by any party thereto A transcript of the proceedings shall be made available to ail 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 hearxng examxner has been assigned PAGE 19 to such hearxng, no continuances may be granted except by hxm for good cause shown so long as the matter remains before him (e) Oaths-Certification In any proceedings under th~s article, the board, any board member, or the hearing examxner has the power to administer oaths and affirmations and to certify to offlclal acts (f) Reasonable Dispatch The board and xts representatxves shall proceed w~th reasonable dxspatch to conclude any matter before it Due regard shall be shown for the convenience and necessity of any part~es or their representatives SECTION 5-67 FORM OF NOTICE OF H~ARING The notice to appellant shall be substantially in the follow- lng form, but may include other ~nformatlon "You are hereby notified that a hearing wxll be held be- fore the Building Code Board, at _ on the ~ day of , 19 at the hour of , upon the notice and order served upon you You may be present at the hearing You may be, but need not be, represented by counsel You may present any relevant evidence and will be gxven full opportunity to cross- examine all w~tnesses te,,tlfylng against you You may request the issuance of subpoenas to compel the attendance of w~tnesses and the production of books, documents or other things by f~llng an affidavit therefor with the Building Code Board (or name of hearing examiner) " SECTION 5-68 SUBPOENAS {a) Flllng of Affxdawt The board or examiner may obtain the ~ssuance and serwce of a subpoena for the attendance of witnesses or the production of other ewdence at a hearing upon the requst of a member of the board or upon the wrxtten demand of any party The issuance and serwce of such subpoena shall be obtained upon the f~llng of an affxdav~t therefor which states the name and address of the proposea witness, specifies the exact th~ngs sought to be produced and the materxal~ty thereof in detail to the xssues ~nvolved, and states that the wxtness has the desired th~ngs ~n h~s possession or under h~s control A subpoena need not be ~ssued when the affldawt ~s defectxve 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 $-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 clwl 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 ewdence, 5 To cross-examine opposing witnesses on any matter relevant to the issues of the hearing, 4 To impeach any witness regardless oi which party first called him to testify, PAGE S To rebut the evidence against him, 6 To represent himself or to be represented by anyone of his choice who ~s lawfully permitted to do so (g) Inspection of the Premises The board or the heanng examiner may ~nspect upon not~ce to all part~es any building or premises ~nvolved ~n the appeal during the course of the hearing SECTION 5-70 METHOD AND FORM OF D~CISION (a) Hearing before Board Itself Where a contested case ~s heard before the board itself, no member thereof who did not hear the ewdence or has not read the entire record of the proceedings shall vote on or take part ~n the dec~slon (b) Hearing before Examiner If a contested case ~s heard by a hearing examiner alone, he shall wtthln a reasonable t~me (not to exceed 90 days from the date the hearing ~s closed) submit a written report to the board Such report shall contain a brtef summary of the ewdence considered and state the examiner's findings, conclusions and recommendations The report also shall contain a proposed decision ~n such form that it may be adopted by the board as its decision ~n the case All examiner's reports f~led w~th the board shall be matters of public record A copy of each such report and proposed decision shall be ma~led to each party on the date they are f~led with the board (c) Consideration of Report by Board-Not~ce The board shall fix the t~me, date and place to consider the examiner's report and proposed decision Notice thereof shall be lnalled to each ~nterested party not less than f~ve days prior to the date f~xed, unless ~t ~s 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 f~le written exceptions to any part or all of the examiner's report and may attach thereto a proposed decision together w~th 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 bM the Board The board may adopt or reject the proposed decision in ~ts 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 w~th- 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 ~n Subsection b hereof after any additional evidence ~s submitted Consideration of such proposed deczslon 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 deczslon shall be delivered to the appellant personally or sent to him by certified mall, 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 ORD~RMD-HEARING TO BE HELD IN ALL CAS~S (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 Hearln~ Not~ce 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 c~rculat~on in the City at least ten (10) PAGE 23 days prior to the scheduled hearing date fhe published not~ce shall be d~rected to any person hawng any ~nterest in the property, stating the names of such persons, if known The not~ce shall ~nclude 1 The street address and a legal description sufficient for identification of the premises upon which the building ~s located 2 A statement that the building off~cxal has found the building located thereon to be substandard and to constitute a hazard to the health, safety and welfare of the citizens $ A statement that a hearing will be held before the Buxld~ng Code Board on a date and time and at a place therexn specified to determxne whether the building should be demolished ~n accordance wxth the notice and order of the building offxclal (c) Hearxng Procedur_~e The hearing shall be held xn accor- dance wxth Sectxon $-66, as in cases where an appeal from the building official's order has been f~led (d) Determination Required to Demolish A notxce and order to demolish a building shall be xssued only in those cases where the board after the hearxng has determined that the building dxlap~dated, substandard or unfit for human hab~tatxon an_~d that the buxldxng constitutes a hazard to the health, safety and welfare of the c~tlzens The board shall make ~ts determlnatxon and dec~sxon in accordance with procedures of Sectxon 5-70 as though an appeal has been f~led (e) Notice of Demolition 1 Not~ce by Maxl Whenever the Board has determined that a building should be demolxshed, the boards not~ce and order shall be sent to all record owners, ~nterested partxes of record or other persons known to have an xnterest in the property xnformxng such persons of the Board's determination and that, pursuant to saxd determination, the building w~ll be demolxshed The not~ce shall state that the costs of demolition shall be assessed against the property All notices shall be sent by registered or certlfxed mall, return receipt requested 2 Not~ce by Publxcat~on In addition to the foregoxng, the building official shall cause to be published in a PAGE 24 newspaperof local circulation, prior to the beglnnxng 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 Ail contracts for demolition work shall be entered into pursuant to procedures specified by ordinance or state law SECTION $-73 RECOVERY OF DEMOLITION COSTS The building official shall keep an itemized account of the expense lncured by the City of Denton in the demolxtlon 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 requstlng 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 S~CTION 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 f~le a written protest or oboectlon w~th the Building Code Board, specifIcally stating the grounds of such objections The board shall w~thln a reasonable t~me rewew the assessment and the grounds for oboect~ons 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 C~ty of Denton, Texas ~s hereby reserved for future use SEGTION IV That ~f any sectxon, subsection, paragraph, sentence, clause, phrase or word in th~s ordxnance, or application thereof to any person or c~rcumstance ~s held ~nval~d by any court of competent jurisdiction, such hold~ng shall not affect the validity of the remainIng portions of th~s ordinance, and the C~ty Council of the C~ty of Denton, Texas, hereby declares ~t would have enacted such remaining portions despite any such ~nval~d~ty SECTION V That any person v~olat~ng any of the prows~ons of th~s ordinance shall, upon conviction, be f~ned a sum not exceeding Two Hundred Dollars ($200 00), and each day and every day that the provisions of th~s ordinance are v~olated shall constitute a separate and d~st~nct offense Th~s penalty ~s ~n addition to and cumulative of, any other remedies as may be available at law and equity ShCTION VI That th~s ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary ~ hereby directed to cause the caption of th~s ordinance to be PAGE 26 published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage/7~ PASSED AND APPROVED thl$ the e day of~;~1~85 'ClT~ OF D~TON, TEXAS ATTEST CHARLOTTE'KLL~N, CITY SECRET^R CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS PAGE 2 7 HERE PASTE THE NOTICE BY ~ ~h ~,, PIJBLICATION CUT FROM PAPER IN THE MATTER OF THE AFFIDAVIT OF PUBLISHER TO PUBLICATION OF LEGAL NOTICE F;I~ d th* dav 19. Bv Deputv