(a) 
2021 International Building Code.
(1) 
Adopted.
There is hereby adopted the 2021 International Building Code, including appendices “C,” “F” and “I,” as may be amended from time to time as such amendments are not in conflict with state or federal laws, as the building code for the City, for the purpose of establishing rules and regulations for the erection, construction, alteration, enlargement, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance, of buildings or structures within the corporate limits of the City, and within its extraterritorial jurisdiction. One (1) copy of said Code is on file in the office of building inspection and the same is hereby adopted and incorporated as fully as if set out at length herein.
(2) 
Amendments.
The 2021 International Building Code shall be amended to read as follows:
(A) 
Section 101.1 Title
- These regulations shall be known as the Building Code of the City of Cedar Park. Texas, hereinafter referred to as "this Code."
(B) 
Section 105.2 Work exempt from permit
- Subsection 2 under the heading "building" shall be amended to read as follows:
(ii) 
Fences not over 8 feet (2438 mm) high.
(C) 
Section 109.2 Schedule of permit fees
- On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with Appendix A, Article 2.000 of the City of Cedar Park Code of Ordinances, as it may be amended.
(D) 
Section 109.3 Building permit valuations
- Shall be amended to add the following to the existing text:
Valuation shall be determined using the most recent building valuation data as published by the International Code Council.
State law references–Building and residential codes, V.T.C.A., Local Government Code, sec. 214.211 et seq.; adoption of rehabilitation codes or provisions, V.T.C.A., Local Government Code, sec. 214.215; International Building Code adopted as municipal commercial building code, V.T.C.A., Local Government Code, sec. 214.216.
(b) 
2021 International Residential Code.
(1) 
Adopted.
There is hereby adopted the 2021 International Residential Code, including appendices "AA," "AB," "AC," "AE, "AG," "AH," "AJ," "AK," "AN" and "AP" as may be amended from time to time as such amendments are not in conflict with state or federal laws, as the residential code for the City, for the purpose of establishing rules and regulations for the erection, construction, alteration, enlargement, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures within the corporate limits of the City, and within its extraterritorial jurisdiction. One (1) copy of said Code is on file in the office of building inspection and the same is hereby adopted and incorporated as fully as if set out at length herein.
(2) 
Amendments.
The 2021 International Residential Code shall be amended to read as follows:
(A) 
Section R101.1 Title
- These provisions shall be known as the Residential Code for One- and Two-Family Dwellings of the City of Cedar Park, Texas, and shall be cited as such and will be referred to herein as "this Code."
(B) 
Section R104.10.1 Flood hazard areas
- Deleted.
(C) 
Section R105.2 Work exempt from permit
- Subsection 2 under the heading "Building" shall be amended to read as follows:
(ii) 
Fences not over 8 feet (2438 mm) high.
(D) 
Section R108.2 Schedule of permit fees
- On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with Appendix A, Article 2.000 of the City of Cedar Park Code of Ordinances, as it may be amended.
(E) 
Section R110 Certificate of occupancy
- Deleted.
(F) 
Table 301.2 Climatic and geographic design criteria:
Winter Design Temp
Ice Barrier Underlayment Required
Flood Hazards
Air Freezing Index
Mean Annual Temp
32 degrees
No
As defined by most current FEMA/FIRM map
30
68.1
Ground Snow Load
WIND DESIGN
Seismic Design Category
Speed (mph)
Topographic effects
Special wind region
Windborne debris zone
5 psf
115 mph
none
 
 
A
SUBJECT TO DAMAGE FROM
Weathering
Frost line depth
Termite
Negligible
Less than 6 inches
Moderate to heavy
(G) 
Section R314.3 Location
- is amended to add subsection 6:
(vi) 
Media and game rooms with doors that isolates the spaces from adjoining rooms or hallways and have no code compliant means of emergency egress to the exterior.
(H) 
P2503.5.1 Rough plumbing
- Shall be amended to add the following to the existing text:
When weather conditions make it impractical to test tightness of joints in a drainage system using a water test, the system may be tested with air at a pressure between 3 and 5 psig for a period of no less than 10 minutes. Test gauge type shall be Grade/Class 1A diaphragm. In all other instances, testing shall be per section P2503. Air testing shall only be permitted on piping systems utilizing materials that are rated for pressures consistent with these testing requirements or otherwise expressly permitted by the manufacturer.
(I) 
P2903.10 Hose bibb
- Deleted.
State law references–International Residential Code adopted as a municipal residential building code, V.T.C.A., Local Government Code, sec. 214.212; building and residential codes, V.T.C.A., Local Government Code, sec. 214.211 et seq.
(c) 
2021 International Plumbing Code.
(1) 
Adopted.
There is hereby adopted the 2021 International Plumbing Code, including appendices "C," "D," and "E" as may be amended from time to time as such amendments are not in conflict with state or federal laws, as the plumbing code for the City, for the purpose of establishing rules and regulations for the erection, construction, alteration, enlargement, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures within the corporate limits of the City, and within its extraterritorial jurisdiction. One (1) copy of said Code is on file in the office of building inspection and the same is hereby adopted and incorporated as fully as if set out at length herein.
(2) 
Amendments.
The 2021 International Plumbing Code shall be amended to read as follows:
(A) 
Section 101.1 Title
- These regulations shall be known as the International Plumbing Code of the City of Cedar Park, Texas, hereinafter referred to as "this Code."
(B) 
Section 106.1.1 Annual permit - Deleted.
(C) 
Section 106.1.2 Annual permit records - Deleted.
(D) 
Section 109.2 Schedule of permit fees
- Shall be amended to add the following, to the existing, text:
Permit fees shall be as stated in Appendix A, Article 2.000 of the City of Cedar Park Code of Ordinances, as it may be amended.
(E) 
Section 109.5 Refunds
- Deleted.
(F) 
Section 115.4 Violation penalties
- Any person who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair plumbing, work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this Code, shall be guilty of a class C misdemeanor offense, punishable by a fine in accordance with section 1.01.009 of the Cedar Park Code of Ordinances, as it may be amended. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(G) 
Section 114 Means of appeal
- Original text shall be deleted and replaced in its entirety to read as follows:
Appeals shall be made pursuant to Chapter 3, section 3.01.004 of the City of Cedar Park Code of Ordinances, as it may be amended.
(H) 
Section 305.4.1 Sewer depth
- Building sewers that connect to private sewage disposal systems shall be installed not less than twelve (12) inches below finished grade at the point of septic tank connection. Building sewers shall be installed not less than twelve (12) inches below grade.
(I) 
Section 312.2 Drainage and vent water test
- Shall be amended to add the following, to the existing, text:
When weather conditions make it impractical to test tightness of joints in a drainage system using a water test, the system may be tested with air at a pressure between 3 and 5 psig for a period of no less than 10 minutes. Test gauge type shall be Grade/Class 1A diaphragm. In all other instances, testing shall be per section 312.2 and 312.3. Air testing shall only be permitted on piping systems utilizing materials that are rated for pressures consistent with these testing requirements or otherwise expressly permitted by the manufacturer.
(J) 
Section 903.1.1 Roof extension unprotected
- Open vent pipes that extend through a roof shall be terminated not less than six (6) inches above the roof.
State law reference–Adoption of plumbing codes and amendment of codes by municipality, V.T.C.A., Occupations Code, sec. 1301.255.
(d) 
2021 International Fuel Gas Code.
(1) 
Adopted.
There is hereby adopted the 2021 International Fuel Gas Code, including appendices "A," "B" and "C," as may be amended from time to time as such amendments are not in conflict with state or federal laws, as the fuel gas code for the City, for the purpose of establishing rules and regulations for the erection, construction, alteration, enlargement, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures within the corporate limits of the City, and within its extraterritorial jurisdiction. One (1) copy of said code is on file in the office of building inspection and the same is hereby adopted and incorporated as fully as if set out at length herein.
(2) 
Amendments.
The 2021 International Fuel Gas Code shall be amended to read as follows:
(A) 
Section 101.1 Title
- These regulations shall be known as the Fuel Gas Code of the City of Cedar Park, Texas, hereinafter referred to as "this Code."
(B) 
Section 106.1.1 Annual permit - Deleted.
(C) 
Section 106.1.2 Annual permit records - Deleted.
(D) 
Section 109.2 Schedule of permit fees
- Original text shall be deleted and replaced in its entirety to read as follows:
Permit fees shall be as stated in Appendix A, Article 2.000 of the City of Cedar Park Code of Ordinances, as it may be amended.
(E) 
Section 109.6 Refunds
- Deleted.
(F) 
Section 115.4 Violation penalties
- Persons who shall violate a provision of this Code, fail to comply with any of the requirements thereof or erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this Code, shall be guilty of a class C misdemeanor, punishable by a fine in accordance with section 1.01.009 of the Cedar Park Code of Ordinances, as it may be amended. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(G) 
Section 113 (IFGC) Means of appeal
- Original text shall be deleted and replaced in its entirety to read as follows:
Appeals shall be made pursuant to Chapter 3, section 3.01.004 of the City of Cedar Park Code of Ordinances, as it may be amended.
(H) 
Section 406.4.2 Test duration
- Original text shall be deleted and replaced in its entirety to read as follows:
The minimum test duration shall be 10 minutes.
(e) 
2021 International Mechanical Code.
(1) 
Adopted.
There is hereby adopted the 2021 International Mechanical Code, including appendix "A," as may be amended from time to time as such amendments are not in conflict with state or federal laws, as the mechanical code for the City, for the purpose of establishing rules and regulations for the erection, construction, alteration, enlargement, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures within the corporate limits of the City, and within its extraterritorial jurisdiction. One (1) copy of said Code is on file in the office of building inspection and the same is hereby adopted and incorporated as fully as if set out at length herein.
(2) 
Amendments.
The 2021 International Mechanical Code shall be amended to read as follows:
(A) 
Section 101.1 Title
- These regulations shall be known as the mechanical code of the City of Cedar Park, Texas, hereinafter referred to as "this Code."
(B) 
Section 103 Code Compliance Agency
- Deleted.
(C) 
Section 106.1.1 Annual permit - Deleted.
(D) 
Section 106.1.2 Annual permit records - Deleted.
(E) 
Section 109 Fees
- The original text shall be deleted and replaced in its entirety to read as follows:
Permit fees shall be as stated in Appendix A, Article 2.000 of the City of Cedar Park Code of Ordinances, as it may be amended.
(F) 
Section 109.6 Refunds
- Deleted.
(G) 
Section 115.4 Violation penalties
- Persons who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved provisions of this Code, shall be guilty of a class C misdemeanor, punishable by a fine in accordance with section 1.01.009 of the Cedar Park Code of Ordinances, as it may be amended. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(H) 
Section 113.4 Failure to comply
- Shall be amended by causing the last sentence of the section to read as follows:
Any person who shall continue any work on the system after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine in accordance with section 1.01.009 of the Cedar Park Code of Ordinances, as it may be amended.
(I) 
Section 114 Means of appeal
- Original text shall be deleted and replaced in its entirety to read as follows:
Appeals shall be made pursuant to Chapter 3, section 3.01.004 of the City of Cedar Park Code of Ordinances, as it may be amended.
(f) 
2021 International Existing Building Code.
(1) 
Adopted.
There is hereby adopted the 2021 International Existing Building Code as may be amended from time to time as such amendments are not in conflict with state or federal laws, as the existing building code for the City, for the purpose of establishing rules and regulations for the erection, construction, alteration, enlargement, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures within the corporate limits of the City, and within its extraterritorial jurisdiction. One (1) copy of said code is on file in the office of building inspection and the same is hereby adopted and incorporated as fully as if set out at length herein.
(2) 
Amendments.
The 2021 International Existing Building Code shall be amended to read as follows:
(A) 
Section 101.1 Title
- These regulations shall be known as the Existing Building Code of the City of Cedar Park, Texas, hereinafter referred to as "this Code."
(B) 
Section 108.2 Schedule of permit fees
- Original text shall be deleted and replaced in its entirety to read as follows:
Permit fees shall be as stated in Appendix A, Article 2.000 of the City of Cedar Park Code of Ordinances, as it may be amended.
(C) 
Section 112 Means of appeals
- Original text shall be deleted and replaced in its entirety to read as follows:
Appeals shall be made pursuant to Chapter 3, section 3.01.004 of the City of Cedar Park Code of Ordinances, as it may be amended.
(g) 
2021 International Energy Conservation Code.
(1) 
Adopted.
There is hereby adopted the 2021 International Energy Conservation Code as may be amended from time to time as such amendments are not in conflict with state or federal laws, as the energy conservation code for the City, for the purpose of establishing rules and regulations for the erection, construction, alteration, enlargement, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures within the corporate limits of the City, and within its extraterritorial jurisdiction. One (1) copy of said Code is on file in the office of building inspection and the same is hereby adopted and incorporated as fully as if set out at length herein.
(2) 
Amendments.
The 2021 International Energy Conservation Code shall be amended to read as follows:
(A) 
Sections C101.1 Title and R101.1 Title
- This Code shall be known as the International Energy Conservation Code of the City of Cedar Park, Texas, and shall be cited as such. It is referred to herein as "this Code."
(B) 
Sections C104.2 Schedule of permit fees and R104.2 Schedule of permit fees
- Original text shall be deleted and replaced in its entirety to read as follows:
Permit fees shall be as stated in Appendix A, Article 2.000 of the City of Cedar Park Code of Ordinances, as it may be amended.
(C) 
Sections C110 Board of appeals and R110 Means of appeals
- Original text shall be deleted and replaced in its entirety to read as follows:
Appeals shall be made pursuant to Chapter 3, section 3.01.004 of the City of Cedar Park Code of Ordinances, as it may be amended.
(D) 
Sections C301.1 General and R301.1 General
- Shall be amended to add the following to the existing text:
For purposes of this Code, the applicable climate zone shall be 2A with designation as a warm/humid location.
State law reference–Adoption of building energy efficiency performance standards, V.T.C.A., Health and Safety Code, sec. 388.003.
(h) 
2021 International Property Maintenance Code.
(1) 
Adopted.
There is hereby adopted the 2021 International Property Maintenance Code, including appendix A as may be amended from time to time as such amendments are not in conflict with state or federal laws, as the property maintenance code for the City, for the purpose of establishing rules and regulations for the erection, construction, alteration, enlargement, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures within the corporate limits of the City, and within its extraterritorial jurisdiction. One (1) copy of said Code is on file in the office of building inspection and the same is hereby adopted and incorporated as fully as if set out at length herein.
(2) 
Amendments.
The 2021 International Property Maintenance Code shall be amended as follows:
(A) 
Section 101.1 Title
- These provisions shall be known as the International Property Maintenance Code of the City of Cedar Park, Texas, hereinafter referred to as "this Code."
(B) 
Section 102.3 Application of other codes
- The last sentence in this section shall be amended to read as follows:
Nothing in this Code shall be construed to cancel, modify or set aside any provision of Chapter 11 Zoning of the Cedar Park Code of Ordinances.
(C) 
Section 104.1 Fees
- The original text shall be amended to read as follows:
The fee for activities and services performed by the department in carrying out its responsibilities under the property maintenance code shall be as indicated in Chapter 3, Article 3.02 Permits and Fees of the City of Cedar Park Code of Ordinances, as it may be amended.
(D) 
Section 109.3 Prosecution of violation
- Any person failing to comply with any provision of this Code shall be deemed guilty of a class C misdemeanor, punishable by a fine in accordance with section 1.01.009 of the Cedar Park Code of Ordinances, as it may be amended. The code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this Code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(E) 
Section 111.4 Notice
- Shall be amended to read as follows:
Whenever the code official determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, notice shall be given to the owner of the property or the person or persons responsible therefore in the manner prescribed in sections 111.4.1 and 111.4.2.
(F) 
Section 113 Demolition
- Deleted.
(G) 
Section 111 Means of appeal - The title of section 111 Means of appeal shall be amended to read:
Section 111 Building and Standards Commission.
(H) 
Section 107 Means of appeal
- Shall be amended to read as follows:
The Building and Standards Commission shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code. The Building and Standards Commission is established in section 3.01.004 of the Cedar Park Code of Ordinances, as it may be amended. For the purposes of this Code, "board of appeals" shall be defined as the Building and Standards Commission.
(I) 
Section 108
- Shall be deleted in its entirety.
(J) 
Section 110.4 Failure to comply
- Shall be amended to read as follows:
Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be charged with a class C misdemeanor, and upon conviction shall be assessed a fine in accordance with section 1.01.009 of the Cedar Park Code of Ordinances, as it may be amended.
(K) 
Section 302.4 Weeds
- Deleted.
(L) 
Section 304.14 Insect screens
- Shall be amended to read as follows:
Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
(M) 
Section 602.3 Heat supply
- Shall be amended to read as follows:
Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 65°F (18°C) in all habitable rooms, bathrooms and toilet rooms. Exception: When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
(N) 
Section 602.4 Occupiable work spaces
- Shall be amended to read as follows:
Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.
Exceptions:
(i) 
Processing, storage and operation areas that require cooling or special temperature conditions.
(ii) 
Areas in which persons are primarily engaged in vigorous physical activities.
(i) 
2020 National Electrical Code.
(1) 
Adopted.
The National Electrical Code, 2020 edition, is hereby adopted in its entirety, as may be amended from time to time and as such amendments are not in conflict with state or federal law, as the electrical code of the City, to prescribe regulations to provide minimum electrical installation standards to safeguard life, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City, and within its extraterritorial jurisdiction. One (1) copy of said Code is on file in the office of building inspection and the same is hereby adopted and incorporated as fully as if set out at length herein.
State law reference–National Electrical Code adopted as municipal residential and commercial electrical code, V.T.C.A., Local Government Code, sec. 214.214.
(j) 
2021 International Swimming Pool and Spa Code.
(1) 
Adopted.
There is hereby adopted the 2021 International Swimming Pool and Spa Code, as may be amended from time to time and as such amendments are not in conflict with state or federal law, as the swimming pool and spa code of the City, to prescribe regulations to provide minimum swimming pool and spa installation standards to safeguard life, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all swimming pools and spas within the City, and within its extraterritorial jurisdiction. One (1) copy of said Code is on file in the office of the City Secretary and two (2) copies of said Code are on file in the office of building inspection and the same is hereby adopted and incorporated as fully as if set out at length herein.
(2) 
Amendments.
The 2021 International Swimming Pool and Spa Code shall be amended to read as follows:
(A) 
Section 101.1 Title
- These regulations shall be known as the Swimming Pool and Spa Code of the City of Cedar Park, Texas, hereinafter referred to as "this Code."
(B) 
Section 108.2 Schedule of permit fees
- Original text shall be deleted and shall be replaced in its entirety to read as follows:
Permit fees shall be as stated in Appendix A, Article 2.000 of the City of Cedar Park Code of Ordinances, as it may be amended.
(C) 
Section 108.6 Refunds
- Deleted.
(D) 
Section 113.3 Prosecution of violation
- If any person shall violate any provision of this Code or fail to comply with any of the requirements thereof, the code official shall request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful pool or spa in violation of the provisions of this Code or of the order or direction made pursuant thereto.
(E) 
Section 113.4 Violation penalties
- Any person who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair a pool or spa in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this Code, shall be guilty of a class C misdemeanor, punishable by a fine in accordance with section 1.01.009 of the Cedar Park Code of Ordinances, as it may be amended. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(F) 
Section 114.4 Failure to comply
- Shall be amended by causing the last sentence of the section to read as follows:
Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine in accordance with section 1.01.009 of the Cedar Park Code of Ordinances, as it may be amended.
(G) 
Section 112 Board of appeals
- Original text shall be deleted and replaced in its entirety to read as follows:
Appeals shall be made pursuant to Chapter 3, section 3.01.004 of the City of Cedar Park Code of Ordinances, as it may be amended.
(Ordinance C019-18-03-22-E2 adopted 3/22/18; Ordinance CO16.22.02.24.E1 adopted 2/24/2022)
(a) 
Substandard buildings declared a public nuisance.
The city hereby declares that every building or structure in the city, regardless of the date of its construction, which is dilapidated, substandard, or unfit for human habitation and is a hazard to the public health, safety, and welfare is herein defined to be a public nuisance. A building or structure is substandard if it fails to comply with the minimum standards for continued use and occupancy set forth in the standard building codes adopted in section 3.01.001 of this article, as amended. In order to protect the health, safety, and welfare of the public, the city declares that any substandard building or structure in the city is subject to being repaired, vacated, secured, removed, or demolished to abate such public nuisance.
(b) 
Criminal penalty for violation.
Any violation of this article, including but not limited to the standard building codes adopted in section 3.01.001 of this article, shall be deemed a class C misdemeanor, and upon conviction, punishable by fine not to exceed two thousand dollars ($2,000.00) per day for each violation, pursuant to the general penalty provision in section 1.01.009 of this code, as amended. Continuing violations shall be deemed a separate offense upon each day during or on which a violation occurs or continues, and such fine may be levied for each day that a violation exists.
(Ordinance CO23-14-01-23-C6 adopted 1/23/14)
(a) 
Local Government Code, chapter 54, subchapter C adopted.
There is hereby adopted by the city for the purpose of hearing and determining cases concerning alleged violations of health and safety ordinances, the provisions of Tex. Loc. Govt. Code chapter 54, subchapter C, entitled “quasi-judicial enforcement of health and safety ordinances,” and such subchapter is hereby declared to be implemented, as amended.
(b) 
Local Government Code, chapter 214 adopted.
There is hereby adopted by the city for the purpose of enforcing ordinances relating to dangerous structures, the provisions of Tex. Loc. Govt. Code chapter 214, subchapter A, entitled “dangerous structures,” and such subchapter is hereby declared to be implemented, as amended.
(c) 
Right of inspection.
The building official, fire marshal, or their designated representative shall, after obtaining any necessary search warrant pursuant to state law, inspect any building or structure for the purpose of determining the presence of a violation of a fire, health, or building regulation, statute, or ordinance.
(d) 
Securing substandard building.
(1) 
The building official, fire marshal, or their designated representative may secure any building they determine to be in violation of the minimum standards set forth in this article and is unoccupied or is occupied by persons who do not have a right of possession to the building.
(2) 
Before securing a building under this subsection, the building official, fire marshal, or their designated representative shall post a notice on or near the front door of the building stating that if the owner does not secure the building within forty-eight (48) hours, the city will secure the building at the owner’s expense.
(3) 
Before the eleventh (11th) calendar day after the date the building is secured, the city shall give notice to the owner pursuant to section 214.0011(c) and (d) of the Local Government Code, as amended.
(4) 
A hearing shall be held before the city’s building and standards commission (the “commission”) if, within thirty (30) calendar days after the date the city secures the building, the owner files with the building official or fire marshal a written request for the hearing. The hearing shall be held within twenty (20) calendar days after the date the request is filed and is open to the public. At the hearing, the building official, fire marshal, or their designated representative, shall present evidence of the need to secure the building and the owner may testify or present witnesses or written information about any matter relating to the city’s decision to secure the building.
(5) 
The commission shall uphold the city’s action in securing a building if it finds the building or a portion of the building to be open and potentially dangerous to the health, safety, or welfare of the public. A building is open if a door, window, or other opening is not securely closed to prevent unauthorized entry, and the building is left unattended.
(e) 
Notice of alleged violations, enforcement proceedings, and orders.
(1) 
Notice of all alleged violations, enforcement proceedings, and orders shall be provided in accordance with chapter 54, subchapter C, and chapter 214, subchapter A, of the Local Government Code, as amended.
(2) 
When the building official, fire marshal, or their designated representative determines that a building is substandard and occupied by persons having a lawful right to possession, the building official, fire marshal, or their designated representative shall place a sign on the building stating that the building shall be vacated and providing notice of the unsafe, unsanitary, and dangerous condition of the building, as well as the time, date, and place of the scheduled hearing.
(Ordinance CO23-14-01-23-C6 adopted 1/23/14)
(a) 
Commission established.
There is hereby established the building and standards commission of the city (the “commission”), which shall be authorized to enforce ordinances pursuant to chapter 54, subchapter C, and chapter 214, subchapter A, of the Local Government Code, as amended. The commission shall be composed of seven (7) members, each to be appointed by the City Council for staggered terms of two (2) years, with seats 1, 3, and 5 running from August 1st through July 31st of odd-numbered years and seats 2, 4, 6 and 7 running from August 1st through July 31st of even-numbered years and removable for cause by the City Council upon written charge and after a public hearing. Additional alternate members may be appointed by the City Council to serve at the request of the mayor or City Manager in the absence of one (1) or more regular members. Alternate members shall be afforded the same duties, responsibilities, and term of appointment, and are subject to removal in the same manner as regular members.
(b) 
Election of officers; duties.
A majority of the entire commission shall elect by majority vote a chairman and a vice-chairman to serve in the absence of the chairman. The chairman and vice-chairman shall serve for the duration of the term in which each was appointed. The chairman, or in the chairman’s absence, the vice-chairman, may administer oaths and compel the attendance of witnesses to appear before the commission.
(c) 
Authority of commission.
(1) 
The commission shall have all powers, duties and responsibilities authorized by state law, it being the intent of the city to fully implement Tex. Local Govt. Code chapter 54, subchapter C, as amended, relating to quasi-judicial enforcement of health and safety ordinances:
(A) 
For the preservation of public safety, relating to the materials or methods used to construct a building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits;
(B) 
Relating to the fire safety of a building or improvement, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design, or width of entrances or exits;
(C) 
Relating to dangerously damaged or deteriorated buildings or improvements;
(D) 
Relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; or
(E) 
Relating to a building code or to the condition, use, or appearance of property in a municipality.
(2) 
Further, the commission shall have all powers, duties and responsibilities authorized by state law, it being the intent of the city to fully implement Tex. Local Govt. Code chapter 214, subchapter A, as amended, relating to the vacation, relocation of occupants, securing, repair, removal, or demolition of substandard buildings.
(d) 
Commission procedure.
Meetings shall be held at the call of the chairman and at other times as determined by the commission. All meetings of the commission shall be open to the public.
(1) 
The commission shall, by majority vote, adopt rules and procedures for use in hearings. Such rules and procedures must provide ample opportunity for presentation of evidence and testimony by persons opposing charges brought by the city relating to alleged violations of ordinances.
(2) 
The official designated by the city to enforce the provisions of the municipal building regulations shall be the city’s building official, fire marshal, or those persons designated to act under their authority.
(3) 
A majority of members of the commission shall hear any case presented. At the hearing, the commission panel shall hear and consider all information, documentation, and testimony presented by the City Attorney, members of the city staff, and any person claiming to have a legal interest in the property.
(4) 
The commission shall record and maintain minutes of its proceedings. The minutes shall record the presence or absence of commission members, the vote of each member on each question, or the fact that a member fails to vote. Records of the commission’s examinations and other official actions shall be filed immediately in the office of the commission and maintained as public records.
(e) 
Actions by the commission.
(1) 
The concurring simple majority vote of the members voting is necessary to take any action.
(2) 
At the conclusion of the hearing or as soon as possible thereafter, the commission panel shall find whether a violation has occurred. Upon finding that a violation has occurred, the commission may:
(A) 
Order the repair, within a fixed period, of buildings or structures found to be in violation of any applicable provision of this article;
(B) 
Declare a building substandard;
(C) 
Order the removal of persons or property found on private property, enter on private property to secure the removal if it is determined that conditions exist on the property that constitute a violation of an ordinance, and order action to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist;
(D) 
Issue orders or directives to any peace officer of the state, including a sheriff or constable or the chief of police of the municipality, to enforce and carry out the lawful orders or directives of the commission;
(E) 
Determine the amount and duration of the civil penalty the municipality may recover pursuant to section 54.017 of the Local Government Code, as amended.
(3) 
If the commission determines a building is substandard and in violation of standards set forth in this article, it may order that the building be vacated, secured, repaired, removed, or demolished by the owner, lienholder, or mortgagee within a reasonable time, as provided by section 214.001 of the Local Government Code, as amended:
(A) 
The commission shall, within thirty (30) days of the commission’s determination that the building is substandard, require the building’s owner, lienholder, or mortgagee to: (i) secure the building from unauthorized entry; or (ii) repair, remove, or demolish the building, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days.
(B) 
If the commission allows the owner, lienholder, or mortgagee more than thirty (30) days to repair, remove, or demolish the building, the commission shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder, or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed.
(C) 
The commission may not allow the owner, lienholder, or mortgagee more than ninety (90) days to repair, remove, or demolish the building or fully perform all work required to comply with the order unless the owner, lienholder, or mortgagee:
(i) 
Submits a detailed plan and time schedule for the work at the hearing; and
(ii) 
Establishes at the hearing that the work cannot reasonably be completed within ninety (90) days because of the scope and complexity of the work.
(D) 
If the commission allows the owner, lienholder, or mortgagee more than ninety (90) days to complete any part of the work required to repair, remove, or demolish the building, the commission shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the building official, fire marshal, or their designated representative, to demonstrate compliance with the time schedules established for commencement and performance of the work. The commission may also require a cash or surety bond, letter of credit, or other financial assurances pursuant to section 214.001(k) of the Local Government Code.
(4) 
Pursuant to section 214.001(g) of the Local Government Code, the final decision of the commission shall be in writing and filed in the office of the City Secretary; a copy of the commission’s order shall be promptly mailed or personally delivered to all persons to whom notice is required to each owner, lienholder, and mortgagee; and within ten (10) calendar days after the date the commission’s order is issued, an abbreviated copy of the order shall be published once in a newspaper of general circulation in the city.
(5) 
The City Secretary shall file with the district clerk of the county in which the municipality is located, a certified copy of the order of the commission establishing the amount and duration of any assessed civil penalty.
(f) 
If the building or structure is not vacated, secured, repaired, removed, or demolished within the time allotted by the commission, the City Manager may have the structure vacated, secured, repaired, removed, demolished, or take other action to implement the provisions of this article at the city’s expense. Any expenses incurred by the city in vacating, securing, repairing, removing, or demolishing the structure shall be assessed as a lien against the property upon which the structure was situated, and the assessed amount shall accrue interest at the rate of ten (10) percent per year from the date of the assessment until paid in full. A notice of lien shall be filed in the real property records of the county in which such property is located. A notice of lien and demand for payment shall be mailed by certified mail, return receipt requested, to the record owner of the property. If such owner does not pay the assessed amount within thirty (30) days, the city may file suit in a court of competent jurisdiction to recover such expenses.
(g) 
Civil penalties and remedies cumulative.
The civil penalties and remedies set forth herein in this article are in addition to and cumulative of all legal rights and remedies available to the city pursuant to federal, state, and local law, including but not limited to those set forth under chapter 54 of the Local Government Code.
(h) 
Appeal.
The commission’s final decision may be appealed within thirty (30) calendar days after the date a copy of the final decision is personally delivered or mailed, as provided in section 54.039 or section 214.0012 of the Local Government Code, as amended.
(Ordinance CO33-19-09-12-E2, sec. 2, adopted 9/12/19)