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Texas, xs hereby repealed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