2012-254s:llegal\our documentslordinances\12\code amendments substandard structures final.doc
ORDINANCE Nd. ': 2O 12-ZS4
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS
OF CHAPTER 17 BY AMENDING SECTIONS 17-184, 17-187, 17-189, AND 17-191 TO
CORRECT CROSS REFERENCE ERRORS; AMENDING SECTION 17-187 TO PROVIDE
FOR A NEW SECTION TITLE; AMENDING SECTION 17-191 TO PROVIDE FOR A
LIMITED JUDICIAL REVIEW OF DEMOLITION ORDERS ISSUED BY THE HEALTH
AND BUILDING STANDARDS COMMISSION OF THE CITY OF DENTON, TEXAS;
AMENDING THE PROVISIONS OF CHAPTER 19 BY AMENDING SECTION 19-2 TO
PROVIDE FOR CLEAR DECLARATION OF LIMITED CIVIL JURISDICTION ALREADY
CONFERRED UPON THE CITY'S MUNICIPAL COURT OF RECORD BY STATE LAW,
AND INCORPORATED BY MUNICIPAL CHARTER; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas has implemented by ordinance, and hereby re-
implements by this ordinance, the specific statutory authority granted by Chapter 214, and
Subchapter C of Chapter 54, of the Texas Local Government Code, for all purposes set forth
therein; and
WHEREAS, the City of Denton, Texas further declares that such ordinances and
amendments are both necessary and reasonable measures taken in the interest of public safety, to
abate dangerous conditions and public nuisances, and as such, the component regulations,
requirements and procedures further fall within the home rule authority of the City of Denton, as
defined or granted by other statutes, the Denton City Charter, and the Texas Constitution; and
WHEREAS, it is the intention of the City to fiuther refine and enhance the hearing
procedures prescribed by ordinance and statute, to fully comply with the opinion on rehearing of
the Texas Supreme Court in the case of City of Dallas v. Stewart, 361 SW3d 562 (Tex. 2012), to
afford a full opportunity for judicial review of any nuisance determinations or alleged legal
impediments to demolition, in the Municipal Court of Record for the City of Denton, Texas; and
WHEREAS, such review and legal determination by the Municipal Court is already
anticipated and authorized by statute at Texas Local Government Code §§54.042 and
214.001(p); and
WHEREAS, such procedures lie fully within the jurisdiction of the Municipal Court as
provided by statute and other authority, and it is the intention of the City Council to more clearly
declare the full jurisdictional authority of the Municipal Court in civil matters to the fullest
extent provided by State law, for all purposes, and to further clarify that the existing Denton
Code provision relating to Municipal Court jurisdiction is not intended to constrain or restrict
such jurisdiction as fully conferred by State law; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. Chapter 17 "Property Maintenance" of the Code of Ordinances of Denton,
Texas is hereby amended by amending Sections 17-184, 17-187, 17-189, and 17-191 to correct
cross reference errors, changing the section title of Section 17-187 to "Appeals From Orders
Building Official", and adding a limited judicial review to Section 17-191 of Health and
Building Standards Commission's demolition orders by the City's Municipal Court by adding
Section 17-191(e)(5) "Appeal Nuisance Determination by Health and Building Standards
Commission". Sections 17-184, 17-187, 17-189, and 17-191 shall read as follows:
Sec. 17-184. Recordation of notice and order by the building official.
If compliance with a notice and order described by section 17-183 is not secured within
the time specified therein, and no appeal has been properly and timely filed, the building official
may file in the deed records of the office of the county clerk a certificate describing the property,
and certifying that the building or structure has been determined to be a dangerous building or
structure by the building official and that the owner has been so notified. Whenever the
corrections ordered shall thereafter be completed or the building or structure demolished so that
it no longer exists, the building official shall file a new certificate with the county clerk
certifying that the building or structure has been demolished or that all required corrections have
been made so that the building or structure is no longer dangerous, whichever is appropriate.
Sec. 17-187. Appeals From Orders of Building Official.
(a) Form of appeal. Any person entitled to service of a notice issued pursuant to section 17-
183 may appeal from any notice and order or any action of the code official under this
division by filing at the office of the building official a written appeal and filing fee as
determined by the city council and on file in the office of the city secretary. The appeal
shall contain the following:
(1) A heading in the words: "Before the Health and Building Standards Commission
of the City of Denton, Texas";
(2) A caption reading: "Appeal of ," giving the names of all appellants
participating in the appeal;
(3) A brief statement setting forth the legal interest of each of the appellants in the
building or the land involved in the notice and order;
(4) A brief statement in ordinary and concise language of the specific order or action
protested, together with any material facts claimed to support the contentions of
the appellant;
(5) A brief statement in ordinary and concise language of the relief sought and the
reasons why it is claimed the protested order or action should be reversed,
modified or otherwise set aside;
(6) The signatures of all parties named as appellants and their official mailing
addresses; and
(7) The verification, by declaration under penalty of perjury, of at least one appellant
as to the truth of the matters stated in the appeal.
The appeal shall be filed within 30 days from the date of the service of such order or
action of the code official; provided, however, that if the building or structure is in such
condition as to make it immediately dangerous to the life, limb, property or safety of the
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public or adjacent property and is ordered vacated and is posted in accordance with
section 17-183 (b), such appeal shall be filed within 10 days from the date of the service
of the notice and order of the code official.
(b) Processing of appeal. Upon receipt of any appeal filed pursuant to this article and receipt
of the filing fee, the building official shall present the appeal at the next available regular
or special meeting of the health and building standards commission.
(c) Scheduling and noticing appeal for hearing. As soon as practicable after receiving the
written appeal, the health and building standards commission shall fix a date, time and
place for the hearing of the appeal by the commission. Such date sha11 be not less than 10
days, or more than 60 days, from the date the appeal was filed with the building official.
Written notice of the time and place of the hearing shall be given at least 10 days prior to
the date of the hearing to each appellant either by causing a copy of such notice to be
delivered to the appellant personally or by mailing a copy thereof, postage prepaid,
addressed to the appellant at his address shown on the appeal.
Sec. 17-189. Staying of order under appeal.
Except for vacation orders made pursuant to section 17-190(a)(3), enforcement of any
notice and order of the code official issued under this division shall be stayed during the
pendency of an appeal therefrom which is properly and timely filed.
Sec. 17-191. Public hearing required for order of demolition.
(a) Hearing required. In cases where the building official has determined that a building or
structure should be demolished, a public hearing before the health and building standards
commission shall be held, regardless of whether or not an appeal from such determination
has been filed by any person.
(b) Diligent effort must be made to locate the owner, lien holder, or a mortgagee on the
property. Diligent effort is met if the city follows the procedures of Tex. Local
Government Code §§54.035 or 214.001, as amended.
(c) Notice of hearing. Notice of the hearing shall be given as in cases where an appeal has
been filed. In addition, the secretary of the commission shall cause a notice to be
published in the official newspaper of city at least 10 days prior to the scheduled hearing
date. The published notice shall be directed to any person having any interest in the
property, stating the names of such persons, if known. The notice shall include the
following:
(1) The street address and a legal description sufficient for identification of the
premises upon which the structure is located;
(2) A statement that the code official has found the building or structure located
thereon to be dangerous and constitutes a hazard to the health, safety and welfare
of the citizens; and
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(3) A statement that a public hearing will be held before the health and building
standards commission on a date and time and at a place therein specified to
determine whether the building or structure should be demolished in accordance
with the notice and order of the code official.
(d) Nuisance determination required to demolish. A notice and order to demolish a building
or structure shall be issued only in those cases where the commission after the hearing
has determined that the building or structure is dilapidated, substandard, dangerous, or
unfit for human occupancy, does not meet minimum standards, and that the building or
structure constitutes a nuisance, in so far as it is a hazard to the health, safety and welfare
of the public and the occupants.
(e) Notice of demolition. Notice of demolition shall be by the following methods within 10
days after the date that the order of the commission is issued:
(1) Notice by mail. Whenever the commission has determined that a building should
be demolished, the commission's notice and order shall be sent to all record
owners, interested parties of record or other persons known to have an interest in
the property informing such persons of the commission's determination and that,
pursuant to the determination, the building will be demolished. The notice shall
state that the costs of demolition shall be assessed against the property. All notices
shall be sent by registered or certified mail, return receipt requested.
(2) Notice by publication. In addition to the notice provided for in subsection (e)(1) of
this section, the code official shall cause to be published in the official newspaper
of the city, a notice of the commission's determination. The notice shall contain:
(i) The street address or legal description of the property;
(ii) The date of the hearing;
(iii) A brief statement indicating the results of the order;
(iv) Instructions stating where a complete copy of the order may be obtained;
and
(v) A statement that the building or structure on the premises will be
demolished and that the cost of demolition will be assessed against the
property.
(3) A copy of the order shall be filed with the office of the city secretary.
(4) A copy of the order shall be filed with the county clerk.
(5) Appeals from Nuisance Determinations of Health and Building Standards
Commission.
(a) Any person entitled to service of a notice issued pursuant to 17-183 may
appeal a determination of nuisance associated with an Order to Demolish
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issued by the Health and Building Standards Commission under this
division, by iiling a verified petition in the municipal court, alleging that
the decision is illegal or unconstitutional, in whole or in part, and
specifying the grounds of the alleged illegality or unconstitutionality.
(b) The petition must be filed by an owner, lienl�older, or mortgagee within 30
calendar days after the respective dates a copy of the final decision of the
Health and Building Standards Commission is personally delivered to
them, mailed to them by first class mail with certified return receipt
requested, or delivered to them by the United States Postal Service using
signature confirmation service, or such decision shall become final as to
each of them upon the expiration of each such 30 calendar day period.
(c) Appeal hearings in the municipal court shall be a de novo determination of
any applicable legal or constitutional impediments to demolition clearly
raised and identified in writing by the owner, lienholder or mortgagee as a
legal basis for appeal, but shall not embrace other matters of fact, such as
feasibility or cost of repair. The court may reverse or affirm the Health
and Building Standards Commission's determination of nuisance, or may
otherwise remand back to the Health and Building Standards Commission
any demolition order found to be unconstitutional or legally deficient,
either in the finding that the building or structure constitutes such an
immediate danger to public health and safety as to constitute a nuisance,
or because the order otherwise fails to satisfy any required legal standard
imposed by State or Federal law to allow demolition.
SECTION 2. Chapter 19 "Municipal Court" of the Code of Ordinances of Denton,
Texas is hereby amended by amending Section 19-2 to clearly declare the limited civil
jurisdiction already conferred upon the City's Municipal Court of record by State law, and
incorporated by municipal Charter by adding Section 19-2(c). Section 19-2 shall read as
follows:
Sec.19-2. Jurisdiction.
(a) Each municipal court division shall have and exercise concurrent jurisdiction with other
municipal court divisions, the jurisdiction being that which is conferred on all municipal
courts of record by state law.
(b) The municipal court divisions may be in concurrent or continuous session, either day or
night.
(c) Each municipal court division shall have civil jurisdiction the fullest extent allowable by
state law.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
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SECTION 4. Save and except as amended hereby, all the provisions, sections,
subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 5. This ordinance shall take effect immediately upon passage and approval.
PASSED AND APPROVED this the ���day of �Q�' , , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
�
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
. �1
BY: I � -s
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