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1965-023 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, ESTABLISHING MINIMUM STANDARDS GOVERNING THE CONDITION AND MAINTENANCE OF STRUCTURES, DWELLINGS AND OTHER BUILDINGS, PROVIDING FOR INSPEC- TION OF DWELLINGS AND OTHER BUILDINGS, PROVIDING PRO- CEDURES FOR ENFORCEMENT OF PROVISIONS OF THE ORDINANCE, AUTHORIZING THE MAKING AND ADOPTION OF RULES AND REG- ULATIONS FOR ENFORCEMENT, FIXING CERTAIN RESPONSIBILITIES AND DUTES OF OWNERS AND OCCUPANTS OF DWELLINGS AND OTHER BUILDINGS, AUTHORIZING CONDEMNATION OF SUBSTANDARD AND UNSAFE STRUCTURES AS NUISANCES, AND EXTABLISHING PRO- CEDURE THEREFOR, PROVIDING FOR EMERGENCY ABATEMENT OF DANGEROUS NUISANCES, PRESCRIBING PENALTIES FOR VIOLA- T2ONS, REPEALING CONFLICTING ORDINANCES, PROVIDING A SAVINGS CLAUSE, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS E,CT, I,ON i. That the Code of Ordinances of the Cmty of Denton, Texas, ms hereby amended by adding new Chapter Emghteen to sa~d Code of Ordinances, entmtled "Unsafe Structures", whmch shall here- after read as follows CHAPTER EIGHTEEN UNSAFE STRUCTURES ARTICLE 18 01 - Defmnmt~ons The following defmnmtlons shall apply mn the mnterpretatmon and enforcement of this Chapter {a) Dwel lmng Dwelling shall mean any bumldmng whmch ms wholly or partly used or intended to be used for l~vmng or sleeping purposes by human occupants (b) Extermination Extermmnatmon shall mean the control and elmmmnatmon of insects, rodents or other pests by elmmmnatmng their harborage places, by removing or makmng lnac- cessmble materials that may serve as their food, by poisonmng, spraymng, fummgatmng, trappmng, or by any other recognmzed and legal pest elmmmnatmon methods approved by the Health and Safety Inspector (c) Health and Safety Inspector "Health and Safety Inspector" shall mean the legally designated health and safety authormty of the Cmty of Denton, Texas, who shall be appomnted, and designated as such, by the City Manager (d) Infestation "Infestation" shall mean the presence within or around a building, of any ~nsects, rodents, or other pests (e) Occupant "Occupant" shall mean any person, over 1 year of age, living, sleeping, cooking, or eating in, or having actual possession of, a building, dwelling unit or rooming unit (f) O~erat~ "Operator"shall mean any person who has charge, care or control of a building, or part thereof (g) owner "Owner" shall mean any person who, alone or jointly or severally with others a Shall have legal title to any structure or bu~tdlng with or w~thout accompanying actual possession thereof, or b Shall have charge, care, or control of any building, structure, dwelling un~t, as owner or agent of the owner, or as executor, executrix, adm~nlstrator, admlnlstratrlx, trustee, or guardian of the estate of the owner Any such person thus representing the actual owner shall be hound to comply w~th the provisions of this Chapter, and of rules and regu- latxons adopted pursuant thereto to the same extent as if he were the owner (h) Person "Person" shall mean and include any ~ndlvldual, firm, corporation, association, or partnership (1) Rubbish "Rubbish" shall mean combustible and noncombustible waste materxals, except garbage, and the term shall include the resldue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, excelsior, rubber, leather, tree branches, yard trlmmlngs, tin cans, metals, mineral matter, glass, crockery and dust (]) Supplied "Supplied" shall mean paid for, furnished, or provided by the owner or operator (k) Meaning of certain words "Meaning of certain words" Whenever the words "building", "structure", "dwelling", or "dwelling unit", "rooming house", "rooming unit", or "premises" are used in th~s Chapter, they shall be construed as though they are followed by the words, "or any part thereof" ARTICLE 18 02 - INSPECTION The Health and Safety Inspector Ks hereby authorized and directed to make lnspectlons to determine the condition of all structures, buildings, dwellings, dwelling units, rooming un~ts, temporary housing un~ts, and premises located w~th~n the City of Denton, Texas, ~n order that he may perform his duty of safe- guarding the health and safety of the occupants or of the gen- eral public For the purpose of making such ~nspect~ons, the Health and Safety Inspector ls hereby authorized to enter, examine, and survey at all reasonable t~mes all structures, buildings, dwellings, dwelling un~ts, rooming un,ts, temporary housing units, and premises The owner or occupant of every such structure, or the person in charge thereof, shall give the Health and Safety Inspector free access to same and its premises at all reasonable t~mes for the purpose uFf such ~nspectlon, examin- ation and survey Every Occupant of such structure shall give the owner thereof, or hls agent or employee, access to any part thereof, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of thls Chapter, or with any lawful ordinance or regulation adopted or any lawful order ~ssued pursuant to the provisions of th~s Chapter ARTICLE 18 03 - ENFORCEMENT (a) Notice Whenever the Health and Safety Inspector determines that there are reasonable grounds to believe that there has been a v~olatlon of any prov~slon of this Chapter or of any rule or regulation adopted pursuant thereto, notlce shall be glven of such alleged violation to the person or persons responsible therefor, as hereinafter provided Such not~ce shall (1) Be in wrltlng, and shall clearly state the nature of the violation, (2) Allow a reasonable time for the performance of any act ~t requires ~n order to eliminate the noted violation, sa~d t~me not to exceed thirty (30) days, (3) Include a statement of the reasons why ~t ~s being issued, (4) Be served upon the owner or his agent, and the occupant Such notice shall be deemed to be properly served upon an owner or agent and occu- pant, if served personally, or if a copy thereof is sent by registered or certified mall to the last known address, or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if such notice is served by any other method authorized or required under the laws of this state Such notice will contain an outline of remedial action, which, if taken, will effect compliance with the provisions of this Chapter and with rules and regulations adopted pursuant thereto (b) Hearing and Appeal Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this Chapter, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Council of the City of Denton, provided that such person shall file, within ten (10) days after the day the not.ce was served, in the office of the City Secretary, a written petition requesting such hearing and setting forth a brief state- ment of the grounds therefor Upon receipt of such petition, said Council shall set a time and place for such hearing and shall give the petitioner written notice thereof At such hearing the petitioner shall be given the opportunity to be heard and to show why such notice should be modified or withdrawn The hearing shall commence not later than the first regular meeting of the Council held after the date on which the peti- tion was filed, however, the Council may postpone the date of the hearing for a reasonable time, if in its judgment there is good and sufficient reason for such postponement After such hearing, the Council shall sustain, modify or withdraw the notice, depending upon its finding as to whether the provisions of this Chapter and of the rules and regulations adopted pursuant thereto have been complied with If the Council sustains or modifies such notice, it shall be deemed to be an order Any notice served purusant to this Article shall automat- ically become an order if a written petition for a hearing is not filed an the office of the C~ty Secretary within ten (10) days after such notice is served The proceedings at such hearings, including the findings and decisions of the Council, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the City Secretary Such record shall also include a copy of every notice or order issued in connection w~th the matter Any person ag- grieved by the decision of the Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state (c) Emergency Action Whenever the Health and Safety Inspector finds that an emergency exists which requires lr~nedlate action to pro- tect the public health or safety, he may, without notice or hearing, issue an order reciting the exis- tence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency Notwithstanding the other provisions of this Chapter, such order shall be effective immediately Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Council shall be afforded as soon as possible, a hearing After such hearing, depending upon the findings as to whether the provisions of this Chapter and of the rules and regulations adopted pursuant thereto have been complied w~th, the Health and Safety Inspector shall continue such order in effect, or modify It, or revoke it ARTICLE 18 04 - Adoption of Rules and Regulations by the Health and Safety Inspector The Health and Safety Inspector is hereby authorized to make, subject to approval by the Council of the City of Denton, and, after a public hearing has been bald by said Council, to adopt such written rules and regulations as may be necessary for the proper enforcement of the provisions of this Chapter provided that such rules and regulations shall not be in conflict with the provisions of this Chapter The Health and Safety Inspector shall file a certified copy of all such rules and regulations which he may adopt with the City Secretary of the City of Denton, Texas ARTICLE 18 05 - General Requirements Relating to the Safe and Sanitary Maintenance of Dwelling, Parts of Dwellings and Dwelling Units No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following require- ments (a) Every foundation, floor, wall, ceiling, and roof shall be reasonably weathertlght, watertight, and rodentproof, shall be capable of affording privacy, and shall be kept in good repair, (b) Every window, exterior door, and basement hatchway shall be reasonably weathertlght, watertight, and rodentproof, and shall be kept in sound working condition and good repair, (c) Every inside and outside stairway and steps, every porch, and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair, (d) Every plumbing fixture and water&waste pipe shall be properly installed and maintaIned in good sanitary worklng condition, free from defects, leaks, and obstructions, (e) Every water closet compartment floor surface and bath- room floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condItion, (f) Every faollity, piece of equipment, or utility which is required under this chapter shall be so constructed or installed that it will function safely and effectively, and shall be maintained in satisfactory working condlt~on~ (g) No owner, operator, or occupant shall cause any service, facility, equipment, or utility which is required under this chapter to be removed from or shut off from or discontInued for any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies, (h) No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is safe, clean, sanitary, fit for human occupancy, and which does not consltute a fire hazard ARTICLE 18 06 - Designation of Unsafe Structures and Legal Procedure of Condemnation IThe deslgnatlon of structures, buildings, dwellings, or dwelling units as unsafe, and the procedure for the condemnation and placarding of such unsafe bulldlngs, dwellings, dwelling units or other structures shall be carried out in compliance with the following requirements (a) Any building, dwelling, dwelling unit or other structure which shall be found to have any of the following de- fects shall be condemned as unsafe and shall be so designated by the Council of the City of Denton and placarded by the Health and Safety Inspector (1) One which is so damaged, decayed, dilapidated, un- sanitary, unsafe, or vermln-~nfested that it creates a serious hazard to the health or safety of any occupant, ad]olnlng structure, or to the public, or (2) One which lacks illumination, ventilation, or sanitary facilities adequate to protect the health or safety of any occupant or the public, or (3) One which because of its general condition or loca- tIon is unsanitary, or otherwise dangerous, to the health or safety of any occupant or of the public, or (4) One which constitutes a fire hazard to any occupant, adjoining structure, or to the public (b) Any bu~ldang, dwelling, dwelling unit or other structure condemned as unsafe, and so designated and placarded, shall be vacated w~than a reasonable time as ordered by the Councal of the Caty of Denton (c) No dwelling or dwelling unit whach has been condemned and placarded as unfat for human habatat~on shall agaan be used for human habatataon until written approval as secured from and such placard ~s removed by order of the said Council The Health and Safety Inspector shall remove such placard whenever the defect or defects upon which the condemnataon and placarding actaon were based have been elam~nated (d) No person shall deface or remove the placard from any buildang, dwelling, dwelling unat or other structure which has been condemned as unsafe and placarded as such, except as provided an Subsectaon (c) above (e) Any person affected by any not.ce or order relatang to the condemndmng and placarding of a bualdang, dwellzng, dwelling unit or other structure as unsafe may request and shall be granted a hearzng on the matter before the Councal under the provisions set forth above (f) Ail structures condemned under thzs Article are con- s~dered nuisances an fact and shall be abated as pro- v~ded below ARTICLE 18 07 - Procedure for Removal of Condemned Buald~ngs, Dwellangs, Dwelling Unats or other Structures (a) Emergency Removal (1) By Owner If any building, dwelling, dwelling unit or other structure condemned under the provasaons of thas Chapter ls, or becomes, a publmc hazard or health nuisance whach constztutes an emergency, as defaned below, at shall be removed by the owner thereof wlthln thlrty (30) days of recelvlng proper notlce an wr~tang from the Health and Safety Inspector for such removal, unless same ~s removed under the pro- v~saons of Article 18 03 (c), above (2) By Health and Safety Inspector If the owner of any such bulldzng, dwelling, dwellzng unit or other structure whach constitutes an emergency, as defzned below, falls or refuses to remove same withln thirty (30) days of receiving the not.ce to remove, or ~f such owner cannot be reached to serve with notace, and the provzsaons of Artacle 18 03 (c) above, have not been applied, the Health and Safety Inspector shall cause the structure to be removed,and he shall keep a careful account of all expenses ~ncurred, reportzng an writing to the City Secretary the total cost of the work (b) Emergency Defined When it shall appear that a building or structure is substandard under the terms of this article and that such building or structure or the manner of ~ts use constitutes an immediate and serious danger to life or property, the condition shall constitute an emergency (c) Normal Procedure Where an emergency does not ex~st, the following steps may be taken to remove unsafe buildings, dwellings, dwelling units and other structures and to abate same as nuisances (1) The owner, and occupant if any, shall be given notice in writing, either in person or by regis- tered or certified mall to his last known address, that his structure has been declared unsafe and a nuisance and that an order by the City Council has been issued to remove same, and that such owner, and occupant if any, shall have ten (10) days from the date of the notice to appeal the order to the City Council as provided in Article 18 03 (b) of this Chapter (2) If the owner or occupant falls to perfect such appeal, or if the order is affirmed by the City Council, the City Attorney shall enforce such order by filing an appropriate action in the court havln~ ~Fis~ictton zn ~he matter (d) Neither the City of Denton nor any authorized agent or officer acting under the terms of this chapter shall be liable or have any liability by reason of any order issued, or work done, in compliance with the terms of this Chapter ARTICLE 18 08 - Special Assessment for Cost of Removal - Notice and Hearing (a) The C~ty Secretary shall issue either a personal notice, or a notice to be published in the offlclal newspaper in the City of Denton, notifying the owner of any building, dwelling, dwelling unit or other structure removed under the emergency provisions of this Chapter to appear before the City Council for a hearing on a date to be fixed by the Council, said date being at least 10 days after the notice and to show cause why the charge or cost of removal shall not be imposed against said owner and his premises as a special as- sessment (b) If it appears to the Council, upon the hearing, that the sa~d charge is reasonable and covers only the cost and expense required, the Council shall levy a special assessment against the lot, tract or parcel of land from which any such structure was removed, and the sa~d special assessment shall constitute a lien against the sa~d premises, and a personal charge against the sa~d owner, and the same shall be collected by the Tax Collector as other taxes are collected ~n the C~ty of Denton ARTICLE 18 09 - Penalties Any person who shall violate any provls~on of th~s Chapter, or any provision of any rule or regulation adopted pursuant to authority granted by th~s Chapter, shall, upon conviction, be punished by a fine of not less than $1 00 mot mO~snthan $100 00 and each day's failure to comply w~th any such prov~slon shall constitute a separate offense ~ECTION II~ In any case where a provision of th~s ordinance is found to be in conflict with a provls~on of any zoning, bulld~ng, f~re, safety, or halth ordinance or code of the C~ty of Denton, Texa~, existing on the effective date of this ordinance, the provision which establishes the higher standard for the promotion and pro- tectlQn of the health and safety of the paople shall prevail In any case where a provls~on of th~s Chapter ~s found to be ~n con- fl~ct with a provision of any other ordinance or code of the City of Denton, Texas, existing on the effective date hereof which es- tablishes a i~e~vs~n~&~d for the protection and promotion of the health and safety of the people, the provisions of th~s or- dinance shall be deemed to prevail, and such other ordinances and codes are hereby declared to be repealed to the extent that they r0ay be found ~n conflict herewith C~ty of Denton Ordinance 64-27 is hereby expressly repealed and superseded by this enactment SECTION III. If any section, subsection, paragraph, sentence clause, or phrase of this ordinance should be declared invalid for any reason whatsoever, such decision shall not affect the remaln~ng port~ons of this ordinance, which shall remain ~n full force and effect, and to this end the prov~slons of th~s ordinance are hereby de- clare~ to be severable SECTION IV That th~s ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary ~s hereby directed to cause the caption of th~s ordinance to be published twice ~n the Denton Record Chronicle within ten (10) days of the date of ~ts passage PASSED and APPROVED th~s ~ ~ ~tday of ~=~, A D 1965 Warren Whltson, Jr , Mayor City of Denton, Texas ATTESTz/~ Br6o~k~ Holt, C~ty Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM t k Q Barton, C~ty Attorney y of Denton, Texas