This article shall be known as the "Housing Maintenance Code"
of the City of Weatherford, and may be cited as such.
1.
The purpose of this article is to promote the public health, safety
and general welfare of the inhabitants of the City of Weatherford,
by establishing basic and uniform standards governing the occupancy,
condition and maintenance of residential premises.
2.
These regulations are required to insure that buildings where people
are housed shall be safe, sanitary and of adequate size and suitability
for human habitation.
3.
The minimum standards herein set forth are provided to arrest the
spread of, and eliminate, residential blight that is caused by dwellings
which are so dilapidated, unsafe, dangerous, unhygienic or unsanitary
as to constitute a menace to public health and safety.
4.
These regulations have performance objectives which are implemented
by specific minimum standards and requirements governing the occupancy
and maintenance of dwellings, rooming houses, mobile homes and other
residential premises and governing supplied utilities and facilities.
5.
Administrative provisions have been established to insure compliance
with the requirements herein set forth. These include the authorization
for the inspection of dwellings, the rehabilitation of dwellings and
the vacation and removal of dwellings which are not suitable for human
habitation.
No person shall occupy as owner-occupant, permit a member of
his family to occupy or let to another for occupancy any dwelling
or dwelling unit which does not comply with the requirements set forth
in this article.
1.
For the purpose of these regulations certain terms and words are
to be used and interpreted as defined hereinafter:
a.
When not inconsistent with the context, words used in the present
tense include the future.
b.
Words in the masculine gender include the feminine and neuter and
words in the feminine and neuter gender include the masculine.
c.
The singular number includes the plural and the plural number includes
the singular.
d.
The word "shall" is mandatory and not directory.
2.
Whenever the words "dwelling," "dwelling unit," "rooming house,"
"rooming unit," "mobile home," "mobile home court" or "premises" are
used in this article, they shall be construed as though they were
followed by the words "or any part thereof."
1.
APPROVED – Means approved by the Housing Official charged with
responsibility for administering this article.
2.
AVAILABLE – Means a water, sewer or electrical system shall
be deemed available when a suitable connection to the system lies
within 250 feet of the premises to be served.
3.
BASEMENT – Means a portion of a building located partly underground
but having less than 1/2 of its clear floor-to-ceiling height below
the average grade of the adjoining ground.
4.
BOARDING HOUSE – Means a rooming house which provides meals
for occupants in a common dining room.
5.
BUILDING – Means any structure intended for shelter, housing
or enclosure for persons, animals or chattel. When separated by dividing
walls without openings, each portion of such structure so separated
shall be deemed a separate building.
6.
CELLAR – Means a portion of a building located partly or wholly
underground which has 1/2 or more than 1/2 of its clear floor-to-ceiling
height below the average grade of the adjoining ground.
7.
DWELLING – Means any building or structure or any part thereof
which used or intended to be used for living or sleeping by human
occupants. Mobile temporary housing as hereinafter defined shall not
be regarded as a dwelling.
8.
DWELLING UNIT – Means any room or group of rooms located within
a dwelling and forming a single habitable unit with facilities which
are used or intended to be used for living, sleeping, cooking and
eating.
9.
ENFORCEMENT OFFICER – See "Housing Official."
10.
EXTERMINATION – Means the control or elimination of insects,
rodents or other pests by eliminating their harboring places; by removing
or making accessible material that may serve as their food; by poisoning,
spraying, fumigating, trapping or blocking their access to a dwelling
or by any other recognized and legal pest elimination methods approved
by the Housing Official of the city.
11.
FAMILY – Means one or more persons related by blood or marriage
including adopted children or a group of not to exceed five persons,
excluding servants, not all related by blood or marriage occupying
the premises and living as a single non-profit housekeeping unit,
as distinguished from a group occupying a boarding or lodging house,
hotel, club or similar dwelling for group use. A family shall be deemed
to include domestic servants employed by such family.
12.
GARBAGE – Means the animal, vegetable or other organic waste
resulting from the handling, preparation, cooking and consumption
of food.
13.
HABITABLE FLOOR AREA – Means the square footage in a habitable
room which shall be used in computing maximum permissible occupancy.
At least 1/2 of the habitable floor area shall have a height of at
least seven feet, and the floor area of that part of any room where
the ceiling height is less than five feet shall not be considered
in computing habitable floor areas.
14.
HABITABLE ROOM – Means a room or enclosed floor space used
or intended to be used for living sleeping, cooking or eating purposes,
excluding bathrooms, water closet compartments, laundries, pantries,
foyers or communicating corridors, closets and storage spaces.
15.
HOUSING OFFICIAL – Means the legally designated enforcement
authority of the city or its authorized representative.
16.
INFESTATION – Means the presence within or around a dwelling
or anywhere on the premises of insects, rodents or other pests in
such numbers as to constitute a hazard to health.
17.
MOBILE HOME – Means a movable living unit equipped with a chassis
and provided with the following mechanical system and equipment; plumbing,
heating, electrical, cooking and refrigeration.
18.
MOBILE HOME COURT – Means a parcel of land which has been planned
and improved for the placement of one or more mobile homes.
19.
MOBILE TRAILER, TRAVEL TRAILER, OR VACATION TRAILER – Means a movable living unit equipped with a chassis, but lacking any of the following systems and equipment: plumbing, heating, electrical, cooking and refrigeration or containing any or all of the systems and equipment herein listed but containing less than 150 square feet of habitable floor area as limited by Section 4-83, "Habitable Floor Area" of this article. Such units shall be considered mobile temporary housing.
20.
MOBILE OR TRANSPORTABLE TEMPORARY HOUSING – Means any tent,
trailer, travel trailer, vacation trailer or structure other than
a mobile home used for human shelter which is designed to be primarily
transportable and which is not attached to the ground to any utility
system on the same premises for more than 30 consecutive days.
21.
MULTIPLE-FAMILY DWELLING – Means any dwelling containing more
than two dwelling units.
22.
OCCUPANT – Means any person living, sleeping, cooking or eating
in or having possession or use of a dwelling unit or rooming unit.
For the purpose of this definition, a person under one year of age
shall not be counted as an occupant.
23.
OPERATOR – Means any person who has charge, care or control
of a building or part thereof in which dwelling units are left.
24.
OWNER – Means any person who, alone or jointly or severally,
with others:
a.
Shall have legal equitable title to any dwelling or unit with or
without actual possession thereof; or
b.
Shall have charge, care or control of any dwelling or dwelling unit
as owner, agent of the owner, executor, administrator, trustee or
guardian of the estate of the owner. Any such person thus representing
the actual owner shall be bound to comply with provisions of this
article and with rules and regulations adopted pursuant thereto, to
the same extent as if he were the owner.
25.
PLUMBING – Means and includes all of the following supplied
facilities and equipment: gas pipes, gas-burning equipment, water
pipes, mechanical garbage disposal units, waste pipes, water closets,
sinks, installed dishwashers, lavatories, bathtubs, shower baths,
installed clothes-washing machines, catch basins, drains, vents and
any other similar supplied fixtures, together with connections to
water, sewer or gas lines.
26.
PREMISES – Means a lot, plot or parcel of land including the
buildings or structures thereon.
27.
PUBLIC SPACE – Means space within a commercial building for
public use, such as lobbies; lounges; reception halls; meeting, lecture
and recreation rooms; banquet and dining rooms and their kitchens;
and swimming pools.
28.
REFUSE – Means all waste substances, other than garbage, including
but not limited to the following trash or waste materials: paper,
rags, cartons, boxes wood, excelsior, rubber, leather, tree branches,
yard trimmings, tin cans, metal, mineral matter, glass crockery, plastics,
ceramic material and dust.
29.
ROOMING UNIT – Means any room or group of rooms in a rooming
house or dwelling, forming a single habitable unit used or intended
to be used for living or sleeping but not for cooking, storing food
or eating purposes.
30.
STRUCTURE – Means anything constructed or erected, the use
of which requires location on the ground or attachment to something
having a location on the ground.
31.
SUPPLIED – Means paid for, arranged for, furnished by, provided
by or under control of the owner or operator.
1.
Minimum Standards for Basic Equipment and Facilities. Every dwelling
shall have supplied water-heating and storage facilities which are
properly installed, maintained in safe and good working conditions
and properly connected to furnish hot water to every sink, lavatory
bathtub or shower required therein.
a.
Water-heating facilities shall be capable of delivering at every
required outlet at a temperature of not less than 120° F.
b.
Hot water storage facilities shall be provided and shall be able
to store amounts at least equal to or greater than the amount given
in the following schedule:
|
Minimum per dwelling unit
|
20 gallons
|
|
Minimum per occupant
|
4 gallons
|
(1)
Every dwelling unit shall contain the following facilities:
(a)
A kitchen sink in good working condition and properly connected
to hot and cold water lines and sewage disposal system.
(b)
A flush water closet, located within a room affording privacy,
which shall be properly connected to a water line and sewage disposal
system.
(c)
A bathtub or shower, located within a room affording privacy,
which shall be supplied by both hot and cold water lines and connected
to a sewage disposal system.
(d)
A laboratory which shall be supplied by both hot and cold water
lines and connected to a sewage disposal system.
(2)
Where both a city water supply and a sanitary sewer are available,
no septic tank shall be installed. When a sanitary sewer is not available,
a septic tank may be installed which is in compliance with the rules
and regulations of the State Health Department and the standards and
regulations governing septic tank construction of the city.
(3)
All plumbing fixtures and facilities shall conform to standards
established in the Plumbing Code adopted by the city.
(4)
Every dwelling unit shall have safe unobstructed means of egress
leading to safe and open space at ground level.
2.
Minimum Standards for Light, Ventilation and Heating. Every habitable
room shall have at least one window or skylight facing directly to
the outdoors. The minimum total window area, measured between stops,
shall be 10% of the habitable floor area of such room. If the only
window in the room is a skylight-type window in the top of such room,
the total window area of such skylight shall equal at least 15% of
the habitable floor area of the room it serves.
a.
In every habitable room at least 40% of the window or skylight required
shall be easily opened unless one of the following methods of ventilating
the room is approved:
(1)
For inside habitable rooms, a wall area equivalent to 20% of
the floor area must open into a room with adequate light and ventilation,
provided that in such cases the window area shall be at least 8% of
the total floor area to be served by such windows.
(2)
Kitchens may be equipped with a ventilation system capable of
continuous operation.
b.
Bathrooms and water closet compartments may be equipped with a ventilation
system which is capable of continuous operation.
c.
Whenever walls or other portions of structures face a window of any
room and such light obstruction structures are located less than three
feet from the window and extend to a level above that of the ceiling
of the room, such a window shall not be deemed to face directly to
the outdoors and shall not be included as contributing to the total
required window area.
(1)
Where there is electric service available the dwelling shall
be supplied with electricity and shall meet the following requirements:
(a)
Every habitable room shall contain at least two separate well
type electric convenience outlets or one such convenience outlet and
one ceiling-type electric light fixture.
(b)
Every water closet compartment, bathroom, laundry room and public
hall shall contain at least one ceiling or wall-type electric light
fixture.
(c)
Every public hall or stairway in or leading to every multiple
dwelling shall have a minimum of one foot candle of illumination measurable
with a standard light meter at floor level in halls and at tread level
on stairways when the structure is occupied.
(2)
Every dwelling unit shall have heating facilities which are
properly installed, maintained in safe and good working condition
and capable of safely and adequately heating all habitable rooms,
bathrooms, and water closet compartments, therein.
3.
Minimum Requirements Relating to the Safe and Sanitary Maintenance
of Parts of Dwellings and Dwelling Units:
a.
Every foundation, floor, wall, ceiling and roof shall be reasonably
weather- tight, waterproof and rodent-proof, shall be capable of affording
privacy and shall be kept in good repair.
b.
Every window, exterior door and basement hatchway shall be reasonably
weather-tight, waterproof and rodent-proof, shall be capable of affording
privacy and shall be kept in good repair.
c.
Every inside and outside stair, every porch and every appurtenance
thereto shall be so constructed as to be safe to use and capable of
supporting the load the normal use may cause to be placed thereon
and shall be kept in sound condition and good repair.
d.
Every plumbing fixture and water and waste pipe shall be properly
installed and maintained in good sanitary working condition and free
from defects, leaks, and obstructions.
e.
Every water closet compartment floor surface and bathroom 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 supplied facility, piece of equipment or utility which is required
under this article shall be so constructed or installed that it will
function safely and effectively and shall be maintained in satisfactory
working condition.
g.
No owner, operator or occupant shall furnish or use any cooking equipment
which does not comply with the following minimum standards:
(1)
Every piece of cooking equipment shall be so constructed and
installed that it will function safely and effectively and shall be
maintained in sound working condition.
(2)
Portable cooking equipment employing flame and cooking equipment
using gasoline or kerosene as fuel for cooking are prohibited.
h.
No owner, operator or occupant shall cause any service, facility
equipment or utility which is required under this article to be removed
from or shut off from or discontinued for any occupied dwelling, let
to 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 when discontinuance of service is approved
by the Housing Official.
i.
No owner shall occupy or let to any other occupant any vacant dwelling
unit unless it is clean and in sanitary condition.
(1)
Exterior property areas - general: A person shall not occupy
as owner-occupant or let to another for occupancy any structure or
premises which do not comply with the following requirements and the
building official of the jurisdiction shall cause periodic inspections
to be made of all premises to secure compliance with the requirements:
(a)
Sanitation. All exterior property areas shall be maintained
in a clean and sanitary condition free from any accumulation of rubbish
or garbage.
(b)
Grading and drainage. All premises shall be graded and maintained
so as to prevent the accumulation of stagnant water thereon, or with
any building or structure located thereon.
(c)
Noxious weeds. All exterior property areas shall be kept free
from species of weeds or plant growth which are noxious or detrimental
to the public health.
(d)
Insect and rodent harborage. Every owner of a structure or property
shall be responsible for the extermination of insects, rodents, vermin,
or other pests in all exterior areas of the premises of a single-family
dwelling.
(2)
Accessory structures: All accessory structures, including detached
garages, shall be maintained structurally sound and in good repair.
(3)
Motor vehicles: Motor vehicles shall be subject to the following
requirements:
(a)
Not more than one currently unregistered and/or uninspected
motor vehicle shall be parked on any property in a residential district,
and said vehicle shall not at any time be in any state of major disassembly,
disrepair, nor shall it be in the process of being stripped or dismantled
for a period of no longer than two weeks after notice is given by
the Housing Officer, or unless it is in a completely enclosed building.
(b)
Not more than two currently unregistered and/or uninspected
motor vehicles shall be permitted on any property in any business,
commercial or industrial zone, and said vehicles shall not at any
time be in any state of major disassembly, disrepair, nor shall it
be in the process of being stripped or dismantled, except at an approved
automobile establishment.
4.
Minimum Space and Location Requirements.
a.
Every dwelling unit shall contain at least 150 square feet of habitable
floor space of the first occupant thereof and at least 100 additional
square feet of habitable floor space for every additional occupant,
provided, however, that a dwelling unit, exclusive of mobile homes,
shall contain at least one habitable room having a minimum horizontal
dimension of 10 feet, and further provided that the amount of area
allowed as habitable floor area for the purpose of complying with
these regulations shall not be in excess of 80% of the gross floor
area. Gross floor area shall include all of the area encompassed by
measuring from the outside face of the exterior walls.
b.
In every dwelling unit of two or more rooms, every room occupied
for sleeping purposes by one occupant shall contain at least 70 square
feet of floor space and every room occupied for sleeping purposes
by more than (1) occupant, including buildings operated as clubs,
dormitories, sororities or fraternity houses, shall contain at least
50 square feet of floor space for each occupant thereof.
c.
No dwelling or dwelling unit containing two or more sleeping rooms
shall have such room arrangements that access to a bathroom or water
closet compartment intended for use by occupants of more than one
sleeping room can be had only by going through another sleeping room;
nor shall room arrangements be such that access to a sleeping room
can be had only by going through another sleeping room or a bathroom
or water closet compartment.
d.
No basement or cellar space shall be used as a habitable room or
dwelling unit unless:
e.
No temporary housing shall be used without the written permission
of the Housing Official.
5.
Responsibilities of Owners and Occupants.
a.
Every owner of a dwelling containing three or more dwelling units
shall be responsible for maintaining in a clean and sanitary condition
the shared or public areas of the dwelling and the premises thereof.
b.
Every occupant of a dwelling or dwelling unit shall be responsible
for maintaining in a clean and sanitary condition that part of the
dwelling, dwelling unit and premises thereof which he occupies and
controls.
d.
The owners are responsible for extermination of any insects, rodents
or other pests, when such infestation exists, in the following cases:
e.
The occupant is responsible for extermination of any insects, rodents
or other pest, when such infestation exists, in the following cases:
(1)
Every occupant of a dwelling unit in a dwelling containing one
or more dwelling units shall be responsible when his dwelling unit
is the only one infested.
(2)
Every occupant of a dwelling containing only one dwelling unit
shall be responsible for extermination if the owner of the dwelling
has kept it in insect, rodent, or pest-proof condition.
f.
Every occupant of a dwelling, dwelling unit or rooming unit shall
give the owner thereof or his agent or employee access to any part
of such dwelling, dwelling unit, rooming unit or its premises at any
reasonable hour for the purpose of making such repairs or alterations
as are necessary to effect compliance with the provisions of this
article or any lawful order issued pursuant to the provisions of this
article.
1.
Specific Standards for Rooming Houses. Rooming houses shall conform
to all the regulations adopted pursuant thereto, with the following
exceptions or additions:
a.
At least one flush water closet, one lavatory basin and one bathtub
or shower, properly connected to a water and sewer system approved
by the Housing Official and in good working condition, shall be supplied
for each six persons or fraction thereof residing within a rooming
house, including members of the operator's family whenever they share
the use of the said facilities. In a room house in which rooms are
let only to males, flush urinals may be substituted for not more that
1/2 of the required number of water closets.
(1)
All such facilities shall be so located within the dwelling
as to be reasonably accessible from a common hall or passageway to
all persons sharing such facilities.
(2)
Every lavatory basin and bathtub and/or shower shall be supplied
with hot water at all times.
(3)
No such facilities shall be located in a basement except by
written approval of the Housing Official.
b.
Every room occupied for sleeping purposes by one person shall contain
at least 70 square feet of floor space and every room occupied for
sleeping purposes by more than one person shall contain at least 50
square feet of floor space for each occupant thereof.
c.
The preparation and cooking of food shall not take place in any rooming
unit.
d.
The operator of every rooming house shall change supplied bed linen
and towels therein at least once a week and prior to the letting of
any room to any occupant. The operator shall be responsible for maintaining
all supplied bedding in a clean and sanitary manner.
e.
The operator of every rooming house shall be responsible for the
sanitary maintenance of all walls, floors and ceiling, and for maintenance
of a sanitary condition in every other part of the rooming house;
he shall be further responsible for the sanitary maintenance of the
entire premises where the entire structure or building is leased or
occupied by the operator.
f.
Every rooming unit shall have safe, unobstructed means of egress
leading to safe and open space at ground level as required by the
laws of the state and of this city.
g.
Every provision of this article which applies to rooming houses shall
also apply to hotels, except to the extent that such provision may
be found in conflict with the laws of this state or with the lawful
regulations of any state board or agency.
2.
Rooming House Permit: Issuance; Suspension; Procedure for Appeal.
a.
Every person operating a rooming house shall secure from the Housing
Official a rooming house permit. Such permit shall be issued only
when the Housing Official finds that the rooming house is structurally
sound, free from fire hazards and in conformance with all provisions
of this article and any rules and regulations adopted pursuant thereto.
(1)
This permit shall be displayed at all times in a conspicuous
place within the rooming house.
(2)
This permit is non-transferable. Every person holding such a
permit shall give notice in writing to the housing official within
10 days after having sold, transferred, given away or otherwise disposed
of, interest in or control of any rooming house. Such notice shall
include the name and address of the person succeeding to the ownership
or control of the rooming house.
(3)
Every rooming house permit shall expire at the end of one year
following its date of issuance, unless suspended or revoked as hereinafter
provided.
b.
Whenever upon inspection of any rooming house, the Housing Official
finds that conditions or practices exist which are in violation of
any provision of this article or of any rule or regulation adopted
pursuant thereto the Housing Official shall give notice in writing
to the operator that the latter's permit has been suspended. Upon
receipt of notice of suspension, such operator shall immediately cease
operation of such rooming house, and no person shall occupy, for sleeping
or living purposes, any rooming unit therein.
c.
Any person whose permit to operate a rooming house has been denied or suspended unless existing conditions or practices at this rooming house are correct, may request and shall be granted a hearing on the matter before the Housing Board of Appeals under the procedure provided by Section 4-86 of this article; provided, that no petition for such hearing is filed within 10 days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked.
1.
Designation and Duties of Housing Official.
a.
The rehabilitation counselor, or such other person as may be designated
by the City Commission is hereby designated as the Housing Official.
He and his authorized representatives are hereby directed to enforce
this article.
b.
The Housing Official, for the purpose of enforcing this article,
shall maintain written records and make inspections and surveys and
examine property, buildings and structures. Whenever the Housing Official
in the conduct of his responsibilities under the terms of the housing
code, deems it necessary to enter upon privately owned property or
to enter buildings or structures, he shall first obtain the permission
of the owner, occupant, tenant or person in charge of the premises
or buildings or structures, or shall have a court order issued by
a court of competent jurisdiction.
2.
Enforcement: Serving of Notices and Orders.
a.
Whenever the Housing Official determines that there has been a violation
of any provision of this article, he shall give notice of such violation
to the person or persons responsible therefor and order compliance
with the housing code as hereinafter provided. Such order and notice
shall:
(1)
Be in writing;
(2)
Include a description of the real estate sufficient for identification;
(3)
Include a list of violations referring to the sections violated;
(4)
Order remedial action to be taken which will effect compliance
with the provisions violated;
(5)
Specify a reasonable time for performance; and to his last known
address. If the violator cannot be located personally and his address
is unknown, the notice may be posted in a conspicuous place on the
premises or published in the city, or if no newspaper be published
therein, then in a newspaper of general circulation in the city.
3.
Orders to Vacate Premises.
a.
Where a notice of violation and an order to comply has been served pursuant to Section 4-86, part 2 of this article, and upon inspection at the end of the time specified for compliance, if no petition for a hearing has been filed and it is found that the violation or violations continue to exist, the Housing Official may order the habitation affected by the continued violations vacated in accordance with the following procedure:
(1)
A habitation shall be vacated within a reasonable time which
shall not exceed 60 days.
(2)
Vacated habitations shall have all outer doors firmly locked
and basement, cellar, and first story windows barred or boarded to
prevent injury.
(3)
If a habitation is not vacated within the time specified in
a vacation order the Housing Official may seek an order in court of
competent jurisdiction to require compliance with the order.
(4)
Vacated habitations shall not again be used for human occupancy
until the violations have been corrected and an occupancy permit has
been issued by the Housing Official.
4.
Condemnation.
a.
Any habitation shall be condemned as unfit for human occupancy if
it is found to be in one or more of the following conditions:
(1)
So damaged, decayed, dilapidated, unsanitary, unsafe or vermin
infested that it creates a serious hazard to the health of safety
of the occupants or of the public;
(2)
So deficient in illumination, sanitation or ventilation facilities
that it jeopardizes the health or safety of the occupants or of the
public.
(3)
So located as to be dangerous to the health or safety of the
occupants or of the public;
b.
Whenever the Housing Official determines that a habitation is unfit
for human occupancy as defined above, he shall give notification for
vacation by the following procedure:
(1)
He shall affix upon the door or entrance to such habitation
that such is unfit for human occupancy as defined above, he shall
give notification for vacation by the following procedure prescribed
in paragraph c herein.
(2)
Any habitation which has been condemned, placarded and vacated
shall not again be used for human occupancy until written approval
is secured from, and such placard is removed by, the Housing Official.
He shall remove the placard only upon the elimination of the defects
upon which the condemnation was placed.
c.
Order for repair or demolition. If an owner, occupant or lessee fails to comply with an order of the Housing Official issued under Section 4-86 of this article or an order or decision of the Housing Board of Appeals made under this article, the Housing Official shall cause such habitation to be vacated and, if delay will be dangerous to health, morals, safety or the general welfare of the people, after obtaining authorization from the governing body of the city, may cause it to be repaired or demolished.
d.
No habitation shall be so occupied until a certificate of occupancy
is obtained from the Housing Official upon his finding that the habitation
is in compliance with the provisions of this article. If the Housing
Official determines that there is a violation of this article, he
shall cancel the certificate of occupancy and proceed with the enforcement
thereof.
1.
The Board of Adjustment shall be the Housing Board of Appeals for
the City of Weatherford.
2.
Membership and organization of the Weatherford Board of Adjustment is defined in Chapter 18, Article 2, of this Code.
3.
Procedure.
a.
The Board shall adopt rules of procedure necessary to carry out the
provisions of the housing code. The rules shall fix the time and place
for regular meetings of the Board. Special meetings may be called
by the chairman by giving notice thereof to each member at his address.
b.
All meetings of the board shall be open to the public.
c.
The City Clerk or a deputy appointed by him shall serve as secretary
for the board.
d.
The secretary shall keep the minutes of all proceedings of the board,
and shall show the vote of each member upon each question. He shall
keep records of all its official action. All minutes and records shall
be kept in the office of the City Clerk and shall be open to the public.
4.
Appeals.
a.
When the literal application of the requirements of this article
would appear to cause undue and unique hardship on an owner or tenant
or when it is claimed that the intent and meaning of this article
has been misconstrued or wrongly interpreted, the owner of such premises,
building or structure, or his duly authorized agent, may appeal from
the decision or interpretation of the Housing Official, to the Housing
Board of Appeals, as set forth herein. Such appeal shall be taken
within 10 days from the date of filing with the Housing Official and
the City Clerk, a written notice of appeal specifying the grounds
thereof and by paying a filing fee at the office of the City Clerk
at the time the notice is filed.
b.
The Housing Official, upon receipt of an appeal, shall transmit to
the Board the papers and information constituting the record upon
which the action appealed was taken from. An appeal shall stay all
proceedings in furtherance of the action from which the appeal is
taken unless the Housing Official certifies to the Board that by reason
of facts stated in the certification, in his opinion, a stay would
cause imminent peril to life or to property. In such cases, proceedings
shall not be stayed other than by a restraining order granted by the
Board or by a court of competent jurisdiction. Written notice shall
be given to the housing official of any application for a stay to
the Board.
c.
The Board shall fix a time for hearing of the appeal. It shall give
written notice to the parties in interest at least 10 days before
the date set for the hearing. Such notice shall contain the date,
the hour and the place for the hearing. The Board also shall publish
notice of the date, time and place of the hearing once each week for
two successive weeks in a newspaper published in the city, or if no
newspaper be published therein, then in a newspaper of general circulation
in the city. Upon the hearing, parties interested may appear in person
or by agent or attorney.
d.
The Board shall render a decision within 45 days from the date on
which the appeal is filed.
e.
Upon hearing an appeal, the Board shall have power to affirm or if
it finds erroneous action, to reverse, set aside or modify the order
under appeal. In authorizing a modification or an order, the Board
may make requirements which will alleviate undue hardship and which
will carry out the spirit and purpose of the regulations contained
in this article.
5.
Appeal to court. An appeal for any action or decision, ruling, judgment
or order of the Board may be taken by any person or persons jointly
or severally, or by any taxpayer or any officer, department, board
or bureau of the city to a court of competent jurisdiction.
