The 2018 edition of the International Property Maintenance Code
(“IPMC”, as amended at time of adoption) has been adopted
as the baseline (or “floor”) of regulation regarding the
subject matter set forth therein, and has been amended in certain
particulars by city ordinance. Provisions of the city code, where
they concern the same or similar subject matter as provisions of the
IPMC, shall constitute local amendments to such model code and have
controlling effect to the extent of any conflict. Copies of the IPMC,
and certain prior amendments thereto, are on file in the office of
the city secretary. The provisions of the 2018 IMPC (as amended) is
hereby adopted by reference and in combination with other regulations
relating to property maintenance found in this article, is designated
as the property maintenance code of the city, the same as though such
code were copied at length herein.
(Ordinance 859-2020 adopted 5/26/20; Ordinance 963-2022 adopted 3/8/22)
(a)
This
article, together with any materials incorporated by reference, may
be referenced by the abbreviation “PMC”. The provisions
of this PMC apply to all existing residential and nonresidential structures
and all existing premises and constitute minimum requirements and
standards for premise, structures, equipment, and facilities for light,
ventilation, space, heating, sanitation, protection from the elements,
safety of lives, safety from any hazards, and for safe and sanitary
maintenance; the responsibility of owners, operators, and occupants;
the occupancy of existing structures and premises, and for administration,
enforcement, and penalties.
(b)
The
PMC shall be construed to secure its expressed intent, which is to
ensure public health, safety and welfare insofar as they are affected
by the continued occupancy and maintenance of structures and premises.
Existing structures and premises that do not comply with these provisions
shall be altered or repaired to provide a minimum level of health
and safety as required herein. Repairs, alterations, additions to
and change of occupancy in existing buildings shall comply with most
recent edition of the International Existing Building Code and/or
International Property Maintenance Code which has been adopted by
the city (as amended).
(Ordinance 240-2005 adopted 11/22/05; 2008 Code, pt. II, art. 8, sec.
1.02–1.03; Ordinance 963-2022 adopted 3/8/22)
(a)
Generally.
The provisions of this code shall apply to
all matters affecting or relating to structures and premises, as set
forth in this article. Where, in a specific case, different provisions
of this PMC or an incorporated code specify different requirements
for the same subject matter, the most restrictive provision shall
govern.
(b)
Maintenance.
Equipment, systems, devices and safeguards
required by this PMC or a previous regulation or code under which
the structure or premises was constructed, altered or repaired shall
be maintained in good working order. 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 structure, except for such temporary interruption as necessary
while repairs or alterations are in progress. The requirements of
this PMC are not intended to provide the basis for removal or abrogation
of fire protection and safety systems and devices in existing structures.
Except as otherwise specified herein, the owner or the owner’s
designated agent for property management shall be primarily responsible
for the maintenance of buildings, structures and premises. Occupants
may also be subject to citations or other enforcement action if violations
of this PMC are not timely remedied.
(c)
Application of other codes.
Repairs, additions or alterations
to a structure, or changes of occupancy, shall be done in accordance
with the procedures and provisions of all International Model Codes
adopted and amended by the city, including without limitation the
International Electrical Code, International Energy Conservation Code,
International Existing Building Code, International Fuel Gas Code,
International Fire Code, International Mechanical Code, International
Plumbing Code, International Residential Code.
(d)
Existing remedies.
The provisions of the PMC shall not
be construed to abolish or impair existing remedies available–at
law or in equity–to the city or its officers or agents relating
to the removal or demolition of any structure which is unsafe or unsanitary.
(e)
Workmanship.
Repairs, maintenance work, alterations
or installations which are caused directly or indirectly by the enforcement
of this PMC shall be executed and installed in a workmanlike manner
and installed in accordance with the manufacturer’s installation
instructions.
(f)
Historic buildings.
The provisions of the PMC shall
not be mandatory for existing buildings or structures designated as
historic buildings, so long as such buildings or structures are judged
by the code official to be safe and their condition remains in the
public interest of health, safety and welfare. A person claiming exception
from criminal enforcement of the PMC bears the burden of proof that
the building or structure constitutes a historic building in the same
manner as an affirmative defense. Unless otherwise required by state
law, only the following shall qualify as historic buildings which
may be granted waivers from mandatory compliance with the PMC:
(1)
Those buildings and structures located in places or areas designated
for their historical, cultural, or architectural importance under
the National Historic Preservation Act;
(2)
Buildings and structures certified as historic under an applicable
city landmark ordinance and meeting the requirements of the state
historical commission;
(3)
Building located in areas designated as a historic district on the
National Register of Historic Places;
(4)
Buildings designated as a recorded state historic landmark;
(5)
Buildings designated as a state archeological landmark or state antiquities
landmark;
(6)
A building located in an area designated for development, restoration,
or preservation in a main street city under a main street program.
(g)
A historic building exemption under subsection (f) above shall not be construed or applied to reduce the city’s authority to regulate building products, materials, and methods.
(h)
Referenced codes and standards.
The codes and standards
incorporated into this PMC shall be those that are listed in, and
considered part of, the requirements of this PMC to the prescribed
extent of each such reference. Where differences occur between provisions
of this PMC and the referenced and incorporated standards, the provisions
of this PMC shall apply.
(i)
Requirements not covered by code.
Requirements necessary
for the strength, stability or proper operation of an existing fixture,
structure or equipment, or for the public safety, health and general
welfare, not specifically covered by this PMC, shall be determined
by the code official in a manner consistent with advancing the interest
of public health and safety.
(Ordinance 240-2005 adopted 11/22/05; 2008 Code, pt. II, art. 8, sec.
1.05; Ordinance 963-2022 adopted 3/8/22)
(a)
Generally.
The department of property maintenance inspection
is hereby created and the executive official in charge thereof shall
be known as the code official.
(b)
Appointment of code official.
The code official shall
be appointed by the city manager as an at-will employee or independent
contractor.
(c)
Deputies and other employees.
Subject to the approval
of the city manager, the code official shall have the authority to
appoint deputy code officials, other related technical officers, inspectors
and other employees.
(d)
Liability.
The code official, officer or employee charged
with the enforcement of this PMC, while acting for the city in the
lawful discharge of duties and under the provisions of this PMC, shall
not thereby be rendered liable personally, and is hereby relieved
from all personal liability for any damage accruing to person or property
as a result of an act required or permitted in the discharge of official
duties.
(e)
Defense.
Any suit instituted against any officer or
employee because of an act performed by that officer or employee in
the lawful discharge of duties and under the provisions of this PMC
shall be defended by the city attorney or the designee of the city
attorney until the final termination of the proceedings. The code
official or any subordinate shall not be liable for costs in an action,
suit or proceeding that is instituted in pursuance of the provisions
of this PMC, and the code official or any subordinate, acting in good
faith and without malice, shall be free from liability for acts performed
under any of its provisions or by reason of any act or omission in
the performance of official duties in connection therewith, subject
to the statutory limits applicable to state municipalities.
(Ordinance 240-2005 adopted 11/22/05; 2008 Code, pt. II, art. 8, sec.
1.06; Ordinance 963-2022 adopted 3/8/22)
The fees for activities and services performed by the department in carrying out its responsibilities under this PMC shall be as indicated in the fee schedule in appendix A of this code.
(Ordinance 240-2005 adopted 11/22/05; 2008 Code, pt. II, art. 8, sec.
1.07; Ordinance 963-2022 adopted 3/8/22)
(a)
Generally.
The code official shall enforce the provisions
of this PMC.
(b)
Rulemaking authority.
The code official shall have no
rulemaking authority. However, with the approval of the city manager,
the code official may make recommendations to the city council to
amend this PMC in the interest of public health, safety and general
welfare.
(c)
Inspections.
The code official shall make all of the
required inspections, or shall accept reports of inspection by approved
deputies. All reports of such inspections shall be in writing and
be signed by the person who performed the inspection and by the code
official if someone other than the code official performed the inspection.
With the approval of the city manager, the code official is authorized
to engage such expert opinion as deemed necessary to report upon unusual
technical issues that arise.
(d)
Right of entry.
The code official is authorized to enter
the structure or premises at reasonable times to inspect, subject
to constitutional restrictions on unreasonable searches and seizures.
If entry is refused for any reason, the code official is authorized
to pursue recourse as provided by law to gain entry, subject to the
prior approval of the city manager and the city attorney.
(e)
Identification.
The code official shall carry proper
identification when inspecting structures or premises in the performance
of duties under this PMC.
(f)
Notices and orders.
The code official shall issue all
necessary notices or orders to ensure compliance with this PMC.
(g)
Department records.
The code official shall keep official
records of all business and activities of the department specified
in the provisions of this PMC. Such records shall be retained in the
official records as long as the building or structure to which such
records relate remains in existence, unless otherwise provided for
by other regulations.
(h)
Coordination of inspections.
Whenever in the enforcement
of this PMC or another code or ordinance, the responsibility of more
than one code official of the city is involved, it shall be the duty
of the code officials involved to coordinate their inspections and
administrative orders as fully as practicable so that the owners and
occupants of the structure shall not be subjected to visits by numerous
inspectors or multiple or conflicting orders. Whenever an inspector
from any agency or department observes an apparent or actual violation
of some provision of some law, ordinance or code not within the inspector’s
authority to enforce, the inspector shall report the findings to the
code official or other law enforcement officer having jurisdiction.
(i)
Inspections during declared disaster.
While a declaration
of disaster by the governor of the state, or a declaration of local
disaster under chapter 418, Government Code is in effect, a building
inspection for compliance with municipal regulations or chapter 214
of the Texas Local Government Code may be performed by any person
authorized to conduct such inspections under Texas Local Government
Code, sec. 214.220 (as amended).
(Ordinance 240-2005 adopted 11/22/05; 2008 Code, pt. II, art. 8, sec.
1.08; Ordinance 963-2022 adopted 3/8/22)
(a)
Modifications.
Whenever there are undue burdens involved
in carrying out the provisions of this PMC, the code official shall
have the authority to grant modifications for individual cases, provided
the code official shall first find that special individual reasons
make the strict letter of this PMC unduly burdensome and the modification
is in compliance with the intent and purpose of this PMC and that
such modification does not lessen health, life and fire safety requirements.
The details of action granting modifications shall be recorded and
entered in the department files.
(b)
Alternative materials, methods and equipment.
The provisions
of this PMC are not intended to prevent the installation of any material
or to prohibit any method of construction not specifically prescribed
by this PMC, provided that any such alternative has been approved.
An alternative material or method of construction shall be approved
where the code official finds that the proposed design is satisfactory
and complies with the intent of the provisions of this PMC, and that
the material, method or work offered is, for the purpose intended,
at least the equivalent of that prescribed in this PMC in quality,
strength, effectiveness, fire resistance, durability and safety.
(c)
Required testing.
Whenever there is insufficient evidence
of compliance with the provisions of this PMC, or evidence that a
material or method does not conform to the requirements of this PMC,
or in order to substantiate claims for alternative materials or methods,
the code official shall have the authority to require tests to be
made as evidence of compliance at no expense to the city.
(d)
Test methods.
Test methods shall be as specified in
this PMC or by other recognized test standards. In the absence of
recognized and accepted test methods, the code official shall be permitted
to approve appropriate testing procedures performed by an approved
agency.
(e)
Test reports.
Reports of tests shall be retained by
the code official for the period required for retention of public
records.
(f)
Material and equipment reuse.
Materials, equipment and
devices shall not be reused unless such elements are in good repair
or have been reconditioned and tested when necessary, placed in good
and proper working condition and approved. Equipment which was previously
determined to be dangerous equipment under this code by the code official
which is reused in any manner shall constitute a nuisance, and an
offense in violation of this article, unless the city receives satisfactory
documentation of the repair or reconditioning of the equipment at
issue and the code official provides a written authorization for its
reuse which unambiguously identifies the equipment authorized for
reuse. Reuse of material refurbished from a dangerous condition may
require an inspection from a qualified technician in the discretion
of the city.
(Ordinance 240-2005 adopted 11/22/05; 2008 Code, pt. II, art. 8, sec.
1.09; Ordinance 963-2022 adopted 3/8/22)
(a)
Unlawful acts.
It shall be unlawful for a person, firm
or corporation to be in conflict with or in violation of any of the
provisions of this PMC or to create, allow, or maintain a condition
of property that is in violation of any of the provisions of this
PMC.
(b)
Notice of violation.
The code official shall serve a
notice of violation or order in accordance with the applicable notice
provision of this PMC.
(c)
Prosecution of violation; specific penalties.
Failing to comply with a notice of violation or order issued under section 4.04.010 or section 4.04.054 is a class C misdemeanor, punishable by a fine not to exceed $1,000.00. Notwithstanding the foregoing, at the sole discretion of the municipal prosecutor, any such failure to comply or other violation of this PMC may be prosecuted as a class C misdemeanor punishable by a fine not to exceed $500.00, and if so prosecuted the failure to comply or violation shall be deemed a strict liability offense. A violation of section 4.04.053 is a class C misdemeanor punishable by a fine not to exceed $200.00. Subject to the municipal prosecutor’s option to prosecute any violation as a class C misdemeanor strict liability violation punishable by a fine not to exceed $500.00, any violation of this PMC–other than failure to comply with a notice of violation or order issued under section 4.04.010 or 4.04.054 or a violation of section 4.04.053–is a class C misdemeanor punishable by a fine not to exceed $2,000.00 or the maximum amount otherwise established by law. It is no defense to prosecution for any violation of this PMC that the city or its agents did not adhere to the notice and hearing procedures set forth in this PMC. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(d)
Other remedies.
If a notice of violation or order issued
under this PMC is not complied with, 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 PMC or of the order or direction made pursuant thereto.
(e)
Lien.
Any action taken by the authority having jurisdiction
on such premises shall be charged against the real estate upon which
the applicable violation or structure is located and shall be a lien
upon such real estate. To obtain a lien against the property, the
mayor, municipal health authority, or municipal official designated
by the mayor must file a statement of expenses with the county clerk.
The lien statement must state the name of the owner, if known, and
the legal description of the property. The lien attaches upon the
filing of the lien statement with the county clerk. The lien obtained
by the city is security for the expenditures made and interest accruing
at the rate of 10% on the amount due from the date of payment by the
city. In order to obtain a release of lien from the city, the current
property owner shall pay to the city the lien amount plus any accrued
interest, all filing fees, and any expenses to be incurred by the
city for preparing and filing the release of lien. The lien is inferior
only to:
(f)
Foreclosure.
Subject to the approval by the city council,
the city attorney may bring a suit for foreclosure in the name of
the city to recover the expenditures and interest due. The statement
of expenses or a certified copy of the statement is prima facie proof
of the expenses incurred by the city in doing the work or making the
improvements. The remedies provided by this section are in addition
to all other remedies. The city may foreclose a lien on property under
this subsection in a proceeding relating to the property brought under
subchapter E, chapter 33, Tax Code.
(g)
Abatement of violation.
The imposition of the penalties
herein prescribed shall not preclude the city attorney from instituting
appropriate action to restrain, correct or abate a violation, or to
prevent illegal occupancy of a building, structure or premises, or
to stop an illegal act, conduct, business or utilization of the building,
structure or premises.
(Ordinance 240-2005 adopted 11/22/05; Ordinance 498-2010 adopted 5/25/10; 2008 Code,
pt. II, art. 8, sec. 1.10; Ordinance 963-2022 adopted 3/8/22)
(a)
Notice to person responsible.
Except in cases where the code official determines that a violation of this PMC arises under section 4.04.010 (dangerous structures), 4.04.053 (junked vehicles) or 4.04.054 (swimming pool enclosures), a code official that determines that there has been a violation of this PMC or has grounds to believe that a violation has occurred, shall give notice–in the manner prescribed in subsections (b) and (c) of this section–to the property owner or person responsible for the violation and other persons, if any, as specified in this PMC. In cases involving dangerous structures, the notice shall be served and be in the form prescribed by the provisions of section 4.04.010 or in any other manner authorized by state law.
(b)
Form.
The notice prescribed in subsection (a) of this section shall be in accordance with all of the following:
(1)
Be in writing;
(2)
Include a description of the real estate sufficient for identification;
(3)
Include a statement of the violation or violations and why the notice
is being issued;
(4)
Include a directive that if the violation(s) is not corrected within
10 days, the city may enter the property to abate or otherwise correct
the violation;
(5)
Include a statement of the city’s right to file a lien in accordance with section 4.04.009(e);
(6)
Include a statement that if the owner commits another violation of
the same kind or nature that poses a danger to the public health and
safety on or before the first anniversary of the date of the notice,
the city without further notice may correct the violation at the owner’s
expense and assess the expense against the property.
(c)
Method of service.
Such notice shall be deemed to be
properly served if a copy thereof is given:
(1)
Personally to the owner in writing;
(2)
By regular mail to the owner at the owner’s address as recorded
in the appraisal district records of the appraisal district in which
the property is located; or
(3)
If personal service cannot be obtained:
(A)
By publication at least once in a newspaper of general circulation
in the city;
(B)
By posting the notice on or near the front door of each building
on the property to which the violation relates; or
(C)
By posting the notice on a placard attached to a stake driven into
the ground on the property to which the violation relates.
(d)
Undelivered notice.
If the code official mails a notice
to a property owner in accordance with this section and the United
States Postal Service returns the notice as “refused”
or “unclaimed,” the validity of the notice is not affected,
and the notice is considered to have been delivered.
(e)
Penalties.
Unless otherwise made compulsory by state law, penalties for noncompliance with orders and notices shall be as set forth in section 4.04.009.
(f)
Abatement by city.
If the owner of property in the city
does not comply with this PMC by abating the violation within 10 days
of notice of a violation, the city may do the work or make the improvements
required and/or pay for the work done or improvements made, and in
either event may charge the expenses to the owner of the property.
(1)
In the event the violation is abated by the city, an administrative cost in the amount set forth in section A4.016 of the fee schedule in appendix A of this code shall be added to total cost of abatement.
(2)
Where city employees are required to abate a violation (except for
abating weeds and tall grass violations), the city’s actual
costs shall include the administrative cost, plus the charges set
forth in section A4.016 of the fee schedule.
(3)
Where city employees are required to abate weeds and tall grass violations,
the city’s actual cost shall include the administrative cost,
plus the charges set forth in section A4.016 of the fee schedule.
(g)
Subsequent violations within one year.
If another violation
covered by a notice under this section occurs within the one-year
period, and the city has not been informed in writing by the owner
of an ownership change, then the city without notice may take any
action permitted by in this section and assess its expenses in accordance
with this PMC.
(Ordinance 240-2005 adopted 11/22/05; Ordinance 498-2010 adopted 5/25/10; 2008 Code,
pt. II, art. 8, sec. 1.11; Ordinance adopting 2019
Code; Ordinance 963-2022 adopted 3/8/22)
(a)
Generally.
When a structure is found to be a dangerous structure by the code official, the structure may be addressed pursuant to the provisions of this section 4.04.010, providing for notice and a public hearing.
(b)
Reference to state law.
This section is adopted pursuant
to chapter 54, subchapter C, of the Texas Local Government Code, and
for enforcement of ordinances adopted under chapter 214, Texas Local
Government Code.
(c)
Definitions.
(1)
Dangerous structure means a structure that is in an unsafe condition
that could injure, hurt, or damage individuals or property and that:
(A)
Regardless of its structural condition, is unoccupied by its owners,
lessees, or other invitees and is unsecured from unauthorized entry
to the extent that it could be entered or used by vagrants or other
uninvited persons as a place of harborage or could be entered or used
by children;
(B)
Is boarded up, fenced, or otherwise secured in any manner if the
structure constitutes a danger to the public even though secured from
entry, or if the means used to secure the structure are inadequate
to prevent unauthorized entry or use of the structure; or
(C)
Is dilapidated, substandard, or unfit for human habitation and a
hazard to the public health, safety, and welfare, and which:
(i)
Contains one or more interior walls or other vertical structural
members that list, lean, or buckle to such an extent that a plumb
line passing through the center of gravity falls outside of the middle
third of its base;
(ii)
Exclusive of the foundation, shows 33% or more damage/deterioration
to the supporting member(s) or 50% or more damage/deterioration to
the nonsupporting enclosure(s) or to outside walls or coverings;
(iii)
Has one or more improperly distributed loads upon the floors
or roofs, or in which the same are overloaded, or which have insufficient
strength to be reasonably safe for the purpose used;
(iv)
Has been damaged by fire, wind, or other causes so as to have
become dangerous to persons or property;
(v)
Has become or is so dilapidated, decayed, unsafe, or unsanitary,
or which utterly fails to provide amenities essential to decent living
so that they are unfit for human habitation, or are likely to cause
sickness, disease, or injury to the health or welfare of those living
therein;
(vi)
Has parts thereof which are attached in a manner that they have
or could fall and injure persons or property;
(vii)
Has a foundation that is not so free of holes, cracks, buckling,
crumbling, and defects as to adequately support the structure;
(viii)
Does not have a floor, exterior wall and roof
that is so free of holes, cracks and loose, rotten, warped or protruding
boards necessary to reasonably protect the occupants of the structure
from weather elements and from danger of collapse;
(ix)
Does not have interior walls and ceilings that are so free of
holes, cracks, loose plaster, loose and baggy wallpaper, defective
materials and structural deterioration as to reasonably serve their
purpose and as to protect the occupants of the structure from danger
of collapse and of fire; or
(x)
Exists in violation of any provision of any applicable building
code(s) of the city, any provision of the city’s fire code,
or other ordinances of the city as such provisions relate to minimum
standards for buildings or structures.
(D)
Regardless of its structural condition, is an incomplete building,
or part of a building (e.g., foundation/framing), or flatwork construction
site (forms and/or rebar) where there is no currently valid city-issued
building permit relating to the construction, renovation, modification,
or demolition of the structure, or said incomplete construction site
is not sufficiently monitored or secured against unauthorized access.
(2)
Occupant means any individual living or sleeping in a residential
building or residential structure or having a right to possession,
use, or occupancy of any premises, including persons with a contractual
right to enter and use a structure or building for storage purposes.
However, this definition shall not be satisfied solely through a contract
for storage or transport of personal or commercial property with the
owner of a parcel of real property which does not provide any rights
of control over the premises (i.e., storage facilities, commercial
parking facilities, and similar bailments).
(d)
Declaration of nuisance.
All structures that are found
to be dangerous structures, after notice and hearing as provided for
under the provisions of this section are hereby declared to be public
nuisances and shall be secured, repaired, vacated, or demolished as
provided in this section.
(e)
Designation of official.
The code official or that person’s
designee shall–with or without the assistance of other city
personnel, officials, or consultants–present all cases at hearings
presided over by the commission.
(f)
Building and standards commission established; procedures.
A building and standards commission (“commission”) is hereby established, which shall be constituted by the same members appointed by the city council to serve as the city’s board of adjustment. The purpose of the commission is to hear and determine cases under this section 4.04.010. A majority of the regular members of the commission must be present for any hearing. Vacancies shall be filled in the same manner that vacancies are filled on the board of adjustment and the regular membership of the commission and the regular membership of the board of adjustment shall be the same. A majority of the entire regular commission members shall adopt, as necessary, all rules for hearings and other commission matters in accordance with this section. The city council shall have the authority to review and modify such rules at its discretion. All meetings and hearings conducted by the commission shall be open to the public and minutes shall be kept of all such meetings and hearings, recording the vote of each member. Said minutes shall be filed immediately in the offices of the city as public records. A majority vote of the commission members voting on a matter is necessary to take any action.
(g)
Building and standards commission functions.
After the
public hearing required under this section, the commission may do
any or all of the following:
(1)
Declare a structure to be a dangerous structure;
(2)
Order the repair, within a fixed period as set forth in this section,
of a structure it determines to be a dangerous structure or a structure
it determines to be in violation of applicable health and safety ordinances,
code provisions, or other regulations adopted by the city;
(3)
Order, in an appropriate case, the immediate 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 dangerous structure, and order action to be taken
as necessary to remedy, alleviate, or remove any dangerous structure
found to exist;
(4)
Issue orders or directives to any peace officer of the state, including
a sheriff, or constable, or the chief of police of the city, to enforce
and carry out the lawful orders or directives of the commission;
(5)
Determine the amount and duration of the civil penalty the city may
recover as provided for under the Texas Local Government Code, chapter
54, subchapter B, by filing a certified copy of the order with the
district clerk for the county; or
(6)
Take any other appropriate action as set forth under this section.
(h)
Pre-hearing notice.
Except as otherwise stated in this section 4.04.010, when a structure is found to be a dangerous structure by the code official, the code official must send or deliver written notice of a public hearing regarding the dangerous structure. The notice must be sent or delivered on or before the 10th day before the date of the hearing by personal delivery, by certified mail with return receipt requested, or by delivery by the United States Postal Service using signature confirmation service, to the record owner(s) of the affected property, and each holder of a recorded lien against the affected property, as shown by the records in the office of the county clerk of the county in which the affected property is located if the address of the lienholder can be ascertained from the deed of trust establishing the lien or other applicable instruments on file in the office of the county clerk. The notice must also be provided to the public and to all unknown owners on or before the 10th day before the date of the hearing, by:
(1)
Publishing the notice in a newspaper of general circulation in the
city, and
(2)
Posting a copy of the notice on the front door of each improvement
situated on the affected property or as close to the front door as
practicable. The notice must contain the name and address of the known
owner(s) of the structure, a legal description of the property, and
the date, time, and place of the public hearing.
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The notice must contain a general description of the condition(s)
of the dangerous structure(s) that must be remedied and must state
that the owner, lienholder, or mortgagee will be required to submit
at the hearing proof of the scope of any work that may be required
to comply with the applicable standards set forth in this PMC or referenced
in this section and the time it will take to reasonably perform the
work.
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(i)
Hearing and order.
A hearing under this section 4.04.010 must be held by the commission. After the public hearing, if a structure is found by the commission to be a dangerous structure according to the standards set forth or referenced in this section, the commission may order that the structure be vacated, secured, repaired, removed, or demolished by the owner within a reasonable time as provided by this section. The commission also may order that the occupants, if any, be relocated within a reasonable time. In a public hearing to determine whether a structure complies with the standards set out in this section 4.04.010, the owner, lienholder, or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with the applicable standards set forth in this PMC or referenced in this section and the time it will take to reasonably perform the work.
(j)
Content of order; time limit.
The commission’s
order shall be in writing and shall require the owner of the structure
to within 30 days vacate, secure, repair, remove, or demolish the
structure, unless the owner or lienholder establishes at the hearing
that the work cannot reasonably be performed within 30 days.
(k)
Allowing more than 30 days to complete work.
If the
commission allows the owner more than 30 days to repair, remove, or
demolish the structure, the commission shall establish specific time
schedules for the commencement and performance of the work (said schedules
must be incorporated into the order) and shall require the owner to
secure the property in a reasonable manner from unauthorized entry
while the work is being performed, as determined by the commission.
(l)
Allowing more than 90 days to complete work.
The commission
may not issue an order allowing the owner more than 90 days to repair,
remove, or demolish the structure or fully perform all work required
to comply with the order unless the owner:
(m)
Progress reports; bond.
If the commission allows more
than 90 days to complete any part of the work required to repair,
remove, or demolish the structure, the order shall require the owner
to regularly submit progress reports to the commission to demonstrate
compliance with the time schedules established for commencement and
performance of the work. The order may require that the owner appear
before the code official or the code official’s designee to
demonstrate compliance with the time schedules. If the owner owns
property, including structures or improvements on property, within
the municipal boundaries that exceeds $100,000.00 in total value,
the commission may include in the order a requirement that the owner
post a cash or surety bond in an amount adequate to cover the cost
of repairing, removing, or demolishing a structure under this section.
In lieu of a bond, the commission may require the owner, lienholder,
or mortgagee to provide a letter of credit from a financial institution
or a guarantee from a third party approved by the commission. The
bond must be posted, or the letter of credit or third-party guarantee
provided, not later than the 30th day after the date the commission
issues the order.
(n)
Post-hearing notice.
If the owner was not present at
the public hearing, the commission shall send a copy of the order
to the owner by certified mail, return receipt requested. If the owner
or responsible party does not take the ordered action within the time
allotted in the order, the commission shall make a diligent effort
to discover each mortgagee and lienholder having an interest in the
structure or in the property on which the structure is located. The
commission satisfies the requirements to make a diligent effort, to
use its best efforts, or to make a reasonable effort to determine
the identity and address of an owner, a lienholder, or a mortgagee
if the following records are searched:
(1)
Real property records of the county in which the structure is located;
(2)
Records of the appraisal district in which the structure is located;
(3)
Records of the secretary of state;
(4)
Assumed name records of the county in which the structure is located;
(5)
Tax records of the municipality; and
(6)
Utility records of the municipality.
(o)
Content of post-hearing notice.
Once steps have been taken to identify each mortgagee and lienholder as referenced in subsection (n) of this section, the code official shall obtain personal delivery on or shall send by certified mail, return receipt requested, to each identified mortgagee and lienholder a notice containing:
(1)
An identification, which is not required to be a legal description,
of the structure and the property on which it is located;
(2)
A description of the violation of the city’s standards that
is present at the structure; and
(3)
A statement that the city will vacate, secure, remove, or demolish
the structure or relocate the occupants of the structure if the ordered
action is not taken within a reasonable time.
(p)
Alternative procedure.
As an alternative to the procedure prescribed by subsections (n) and (o) of this section, the city may make a diligent effort to discover each mortgagee and lienholder before conducting the public hearing referenced in subsection (i) of this section and may give them a notice of and an opportunity to comment at the hearing. The notice must be sent certified mail, return receipt requested, and must state that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with this the applicable standards set forth in this PMC or referenced in this section and the time it will take to reasonably perform the work. In addition, the city may file notice of the hearing in the official public records of real property in the county in which the property is located. The notice must contain the name and address of the owner of the affected property if that information can be determined, a legal description of the affected property, and a description of the hearing including the time and place it is to be held. The filing of the notice is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after the filing of the notice, and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice. If the city operates under this subsection (p), the order issued by the commission as a result of the public hearing may specify a reasonable time as provided by this section 4.04.010 for the structure to be vacated, secured, repaired, removed, or demolished by the owner or for the occupants to be relocated by the owner and an additional reasonable time as provided by this section for the ordered action to be taken by any of the mortgagees or lienholders in the event the owner fails to comply with the order within the time provided for action by the owner.
(q)
Filing and publication of order.
Regardless of which
of the two procedures set forth above is exercised by the city, the
commission shall within 10 days after the date that the order is issued:
(r)
Mailing or personal delivery of order.
If the city did not proceed under the alternative procedure described in subsection (p) of this section, then, after the public hearing, the code official shall promptly mail by certified mail, return receipt requested, or personally deliver a copy of the order to the owner of the structure and to any lienholder or mortgagee of the structure. The city shall use its best efforts to determine the identity and address of any owner, lienholder, or mortgagee of the structure.
(s)
Remedies in the event of noncompliance; assessment of expenses.
If the structure is not vacated, secured, repaired, removed, or demolished or the occupants are not relocated within the allotted time, the city may vacate, secure, remove, or demolish the structure or relocate the occupants at its own expense. This section does not limit the ability of the city to collect on a bond or other financial guaranty that may be required elsewhere in this PMC. If the city incurs expenses under this section 4.04.010, the city may assess the expenses on, and the city has a lien against, unless it is a homestead as protected by the state constitution, the property on which the structure was located. Any expenses incurred by the city relating to the relocation of any personal property may be included in the lien. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the city for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the county clerk in the county in which the property is located. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the structure was located, the amount of expenses incurred by the city, and the balance due.
(t)
Undelivered notice.
When the code official or other
city agent mails a notice in accordance with this section to a property
owner, lienholder, or mortgagee and the United States Postal Service
returns the notice as “refused” or “unclaimed,”
the validity of the notice is not affected, and the notice is considered
delivered.
(u)
Additional authority to secure substandard structure.
The city may secure a structure that the code official determines:
(v)
Notice pertaining to securing structure.
Before the 11th day after the date a structure is secured under subsection (u) of this section, the city shall give notice to the owner by:
(1)
Personally serving the owner with written notice;
(2)
Depositing the notice in the United States mail addressed to the
owner at the owner’s post office address;
(3)
Publishing the notice at least twice within a 10-day period in a
newspaper of general circulation in the county in which the structure
is located if personal service cannot be obtained and the owner’s
post office address is unknown; or
(4)
Posting the notice on or near the front door of the structure if
personal service cannot be obtained and the owner’s post office
address is unknown.
(w)
Content of notice pertaining to securing structure.
The notice referenced under subsection (v) of this section must contain:
(1)
An identification, which is not required to be a legal description,
of the structure and the property on which it is located;
(2)
A description of the violation of the city standards that is present
at the structure;
(3)
A statement that the city will secure or has secured, as the case
may be, the structure; and
(4)
An explanation of the owner’s entitlement to request a hearing
about any matter relating to the city’s securing of the structure.
(x)
Hearing regarding securing of structure.
After securing a substandard structure under subsection (u) of this section, the commission shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the city’s securing of the structure if the owner files a written request for a hearing with the commission within 30 days after the date the city secures the structure. The commission shall conduct the hearing within 20 days after the date the request is filed.
(y)
Expenses for securing of structure.
The city has the same authority to assess expenses for securing a substandard structure under subsection (u) of this section as it has to assess expenses under subsection (s) of this section. A lien is created under this subsection (y) in the same manner that a lien is created under subsection (s) of this section and is subject to the same conditions as a lien created under that subsection.
(z)
Seizure and sale of property to recover expenses.
The city may foreclose a lien on property under this section 4.04.010:
(1)
In a proceeding relating to the property brought under subchapter
E, chapter 33, Tax Code (V.T.C.A., Tax Code section 33.91 et seq.);
or
(2)
In a judicial proceeding, if:
(A)
A building or other structure on the property has been demolished;
(B)
A lien for the cost of the demolition of the structure or other structure
on the property has been created and that cost has not been paid more
than 180 days after the date the lien was filed; and
(C)
Ad valorem taxes are delinquent on all or part of the property.
(aa)
Sale of salvage materials.
When any structure has been
ordered demolished or removed, the city or its agent(s) shall have
the right to sell the salvage and valuable materials at the highest
price obtainable. The net proceeds of such sale, after deducting the
expenses of such demolition, removal and sale, shall be promptly remitted
with a report of such sale or transaction, including the items of
expense and the amounts deducted, to the owner, subject to any order
of a court. If such a surplus does not remain to be turned over, the
report shall so state.
(bb)
Additional notice content.
The city may include the
following statement in any notice sent certified mail, return receipt
requested, or which is delivered in person and which relates to the
enforcement of this article: “According to the real property
records of the county, you own the real property described in this
notice. If you no longer own the property, you must execute an affidavit
stating that you no longer own the property and stating the name and
last known address of the person who acquired the property from you.
The affidavit must be delivered in person or by certified mail, return
receipt requested, to this office not later than the 20th day after
the date you receive this notice. If you do not send the affidavit,
it will be presumed that you own the property described in this notice,
even if you do not.” If a suitable affidavit is received within
the required period, it will be maintained in city files for no less
than two years after the date of receipt, and a copy will be delivered
to the chief appraiser of the county.
(Ordinance 240-2005 adopted 11/22/05; 2008 Code, pt. II, art. 8, sec.
1.12; Ordinance 963-2022 adopted 3/8/22)
(a)
Generally.
Unsafe equipment includes any boiler, heating
equipment, elevator, moving stairway, electrical wiring or device,
flammable liquid containers or other equipment on the premises or
within the structure which is in such disrepair or condition that
such equipment is a hazard to life, health, property or safety of
the public or occupants of the premises or structure.
(b)
Procedure and remedies.
Regarding equipment that is deemed dangerous, the provisions of section 4.04.010 shall apply as if set forth here in full, except that the word “equipment” shall take the place of the words “structure” and “building.” Further, with respect to dangerous equipment, the words “abate” or “demolish” shall include any measure necessary to mitigate the hazard presented (including without limitation those which are destructive), and the term “remove” shall include the transfer of property to another location.
(Ordinance 240-2005 adopted 11/22/05; 2008 Code, pt. II, art. 8, sec.
1.13; Ordinance 963-2022 adopted 3/8/22)
(a)
Imminent danger.
When, in the opinion of the code official,
there is imminent danger of failure or collapse of a building, structure,
or equipment which endangers life, or when any structure or part of
a structure has fallen and life is endangered by the occupation of
the structure, or when there is actual or potential danger to the
building occupants or those in the proximity of any structure because
of explosives, explosive fumes or vapors or the presence of toxic
fumes, gases or materials, or the operation of defective or dangerous
equipment, the code official is hereby authorized and empowered to
order and require the occupants to vacate the premises forthwith.
The code official shall cause to be posted at each entrance to such
structure a notice reading as follows: “This structure is unsafe
and its occupancy has been prohibited by the code official.”
It shall be unlawful for any person to enter such structure except
for the purpose of securing the structure, making the required repairs,
removing the hazardous condition or demolishing the same.
(b)
Temporary safeguards.
Notwithstanding other provisions
of this PMC, whenever, in the opinion of the code official, there
is imminent danger due to an unsafe condition, the code official shall
order the necessary work to be done, including the closing or securing
of openings, to render such structure temporarily safe, the removal
of dangerous materials or debris, or the abatement of some other unsafe
condition, whether or not the legal procedure herein described has
been instituted, and shall cause such other action to be taken as
the code official deems necessary to meet such emergency.
(c)
Closing structures and adjacent streets.
When necessary
for public safety, the code official shall temporarily close structures
and close, or order the authority having jurisdiction to close, sidewalks,
streets, public ways and places adjacent to unsafe structures, and
prohibit the same from being utilized.
(d)
Emergency repairs.
For the purposes of this section,
the code official shall employ the necessary labor and materials to
perform the required work as expeditiously as possible.
(e)
Costs of emergency repairs.
Costs incurred in the performance of emergency work shall be paid by the city. The city may file a lien in accordance with the provisions of section 4.04.008(e) or institute appropriate action against the owner of the premises where the unsafe structure or unsafe condition is or was located, or take any other action allowed in law or in equity, for the recovery of such costs.
(f)
Hearing.
Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter be afforded a hearing under the procedures described in section 4.04.052(h) of this PMC.
(Ordinance 240-2005 adopted 11/22/05; Ordinance 498-2010 adopted 5/25/10; 2008 Code,
pt. II, art. 8, sec. 1.14; Ordinance 963-2022 adopted 3/8/22)
It shall be unlawful for the owner of any dwelling unit, structure
or premises who has been served with a compliance order or upon whom
a notice of violation has been served under any part of this PMC,
to sell, transfer, mortgage, lease or otherwise dispose of such dwelling
unit, structure or premises to another until the provisions of the
compliance order or notice of violation have been complied with, or
until such owner shall first furnish the grantee, transferee, mortgagee
or lessee a true copy of any compliance order or notice of violation
issued by the code official and shall furnish to the code official
a signed and notarized statement from the grantee, transferee, mortgagee
or lessee, acknowledging the receipt of such compliance order or notice
of violation and fully accepting the responsibility without condition
for making the corrections or repairs required by such compliance
order or notice of violation.
(Ordinance 240-2005 adopted 11/22/05; 2008 Code, pt. II, art. 8, sec.
1.15; Ordinance 963-2022 adopted 3/8/22)
(a)
Generally.
Unless otherwise expressly stated, the following
terms shall, for the purposes of this PMC, have the meanings shown
in this section.
(b)
Interchangeability.
Words stated in the present tense
include the future; words stated in the masculine gender include the
feminine and neuter; the singular number includes the plural and the
plural, the singular.
(c)
Terms defined in other codes.
Where terms are not defined
in this PMC and are defined in the International Building Code, International
Fire Code, International Zoning Code, International Plumbing Code,
International Mechanical Code, International Existing Building Code
or the ICC Electrical Code, such terms shall have the meanings ascribed
to them as in those codes.
(d)
Terms not defined.
Where terms are not defined through
the methods authorized by this section, such terms shall have ordinarily
accepted meanings such as the context implies.
(e)
Parts of premises.
Whenever the words “dwelling
unit,” “dwelling,” “premises,” “building,”
“structure,” “rooming house,” “rooming
unit,” “housekeeping unit” or “story”
are stated in this PMC, they shall be construed as though they were
followed by the words “or any part thereof or any premises on
which they are located.”
(f)
Geographic scope.
To the extent that this PMC prohibits
nuisances, it applies within the city and within 5,000 feet outside
the corporate limits. In this PMC, references to conditions or areas
as being “in the city” or “within the city”
or similarly described conditions or areas include all areas within
the city’s jurisdiction, including both the corporate limits
and within 5,000 feet outside the corporate limits of the city.
(Ordinance 240-2005 adopted 11/22/05; 2008 Code, pt. II, art. 8, sec.
1.17; Ordinance 963-2022 adopted 3/8/22)
To eliminate by removal, repair, rehabilitation, or demolition.
Any structure containing three or more dwelling units used
as a home, residence or sleeping place by one person, or more than
one person maintaining a common household, to the exclusion of others,
under a lease or rental contract or arrangement with one or more owners
of the structure.
An apartment building or more than one adjacent apartment
buildings, which are under common ownership and management.
To approve by the code official.
That portion of a building which is partly or completely
below grade.
A room containing plumbing fixtures including a bathtub or
shower.
Any room or space used or intended to be used for sleeping
purposes.
The official who is charged with the administration and enforcement
of this PMC, or any duly authorized representative.
To adjudge unfit for occupancy.
A structure that:
Is dilapidated, substandard, or unfit for human habitation and
a hazard to the public health, safety, and welfare;
Regardless of its structural condition, is unoccupied by its
owners, lessees, or other invitees and is unsecured from unauthorized
entry to the extent that it could be entered or used by vagrants or
other uninvited persons as a place of harborage or could be entered
or used by children; or
Is boarded up, fenced, or otherwise secured in any manner if
the building constitutes a danger to the public even though secured
from entry or the means used to secure the building are inadequate
to prevent unauthorized entry or use of the building.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s)
of the property. The easement shall be permitted to be for use under,
on or above a lot or lots.
The open space on the premises and on adjoining property
under the control of owners or persons of such premises.
The control and elimination of insects, rats or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that serve as their food; by poison spraying, fumigating,
or trapping; or by use of any other approved pest elimination methods.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
The building component or a system of building components
located at or near the open sides of elevated walking surfaces that
minimizes the possibility of a fall from the walking surface to a
lower level.
The space in a structure for living, sleeping, eating or
cooking. Bathrooms, toilet rooms, closets, halls, storage or utility
spaces, and similar areas are not considered habitable spaces.
A room or group of rooms forming a single habitable space
equipped and intended to be used for living, sleeping, cooking and
eating which does not contain, within such a unit, a toilet, lavatory
and bathtub or shower.
A condition which could cause serious or life-threatening
injury or death at any time.
The presence, within or contiguous to a structure or premises,
of insects, rats, vermin or other pests.
A vehicle that is self-propelled and:
Devices, equipment, appliances, or materials to which has
been affixed a label, seal, symbol or other identifying mark of a
nationally recognized testing laboratory, inspection agency or other
organization concerned with product evaluation that maintains periodic
inspection of the production of the above-labeled items and by whose
label the manufacturer attests to compliance with applicable nationally
recognized standards.
To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premises or structure
by a person who is or is not the legal owner of record thereof, pursuant
to a written or unwritten lease, agreement or license, or pursuant
to a recorded or unrecorded agreement or contract for the sale of
land.
Means and includes:
A condition or place that is a breeding place for flies;
Spoiled or diseased meats intended for human consumption;
A restaurant, food market, bakery, other place of business,
or vehicle in which food is prepared, packed, stored, transported,
sold, or served to the public and that is not constantly maintained
in a sanitary condition;
Sewage, human excreta, wastewater, garbage, or other organic
wastes deposited, stored, discharged, or exposed in such a way as
to be a potential instrument or medium in disease transmission to
a person or between persons;
A vehicle or container that is used to transport garbage, human
excreta, or other organic material and that is defective and allows
leakage or spilling of contents;
A collection of water in which mosquitoes are breeding in the
limits of a municipality or a collection of water that is a breeding
area for Culex quinquefasciatus mosquitoes that can transmit diseases
regardless of the collection’s location other than a location
or property where activities meeting the definition of section 11.002(12)(A),
Texas Water Code, occur;
A condition that may be proven to injuriously affect the public
health and that may directly or indirectly result from the operations
of a bone boiling or fat rendering plant, tallow or soap works, or
other similar establishment;
A place or condition harboring rats;
The presence of ectoparasites, including bedbugs, lice, and
mites, suspected to be disease carriers in a place in which sleeping
accommodations are offered to the public;
The maintenance of an open surface privy or an overflowing septic
tank so that the contents may be accessible to flies;
An object, place, or condition that is a possible and probable
medium of disease transmission to or between humans; and
Any condition of property or matter prohibited by this PMC.
The purpose for which a building or portion thereof is utilized
or occupied.
Any individual living or sleeping in a building, or having
right of possession of a space within a building for purposes of residence
or property storage.
Part of a window, skylight or door which is available for
unobstructed ventilation and which opens directly to the outdoors.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
An individual, corporation, partnership or any other group
acting as a unit.
Any person, agent, person, firm or corporation having a legal
or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
A permanent swimming pool, permanent wading or reflection
pool, or permanent hot tub or spa over 18 inches deep, located at
ground level, above ground, below ground, or indoors.
An area that contains a pool.
A fence, wall, or combination of fences, walls, gates, windows,
or doors that completely surround a pool.
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
Any premises, structure, building, room, or facility that
is privately owned and operated for profit and that is generally accessible
to the public regardless of whether payment is required for the public
to gain access and includes, but is not limited to, the following:
An inn, hotel, motel, or other place of lodging, except for
an establishment located within a building that contains not more
than five rooms for rent or hire and that is actually occupied by
the proprietor of such establishment as the residence of such proprietor;
A restaurant, bar, or other establishment serving food or drink;
A motion picture house, theater, concert hall, stadium, or other
place of exhibition [or] entertainment;
An auditorium, convention center, lecture hall, stadium, or
other place of public gathering;
A bakery, grocery store, clothing store, hardware store, shopping
center, or other sales or rental establishment;
A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel
service, shoe repair service, funeral parlor, gas station, truck stop,
office of an accountant or lawyer, pharmacy, insurance office, professional
office of a health care provider, hospital, or other service establishment;
A terminal, depot, or other station used for specified public
transportation;
A museum, library, gallery, or other place of public display
or collection;
A park, zoo, amusement park, or other place of recreation;
A nursery, elementary, secondary, undergraduate, or post-graduate
private school, or other place of education;
A day-care center, senior citizen center, homeless shelter,
food bank, adoption agency, or other social service center establishment;
and
A gymnasium, health spa, bowling alley, golf course, or other
place of exercise or recreation.
Any street, alley or similar parcel of land essentially unobstructed
from the ground to the sky, which is deeded, dedicated or otherwise
permanently appropriated to the public for public use.
A building arranged or occupied for lodging, with or without
meals, for compensation and not occupied as a one- or two-family dwelling.
Any room or group of rooms forming a single habitable unit
occupied or intended to be occupied for sleeping or living, but not
for cooking purposes.
Combustible and noncombustible waste materials, if they are
inoperable or not in operation, or discarded, abandoned, dumped or
stored on any exterior property areas in an unsightly, unsafe or unsanitary
manner, except garbage, and including but not limited to:
The residue from the burning of wood, coal, coke and other combustible
materials;
Paper, rags, cartons, boxes, wood, excelsior, rubber, leather,
tree branches, yard trimmings, tin cans, metals, mineral matter, glass,
crockery, lumber, dirt piles, construction debris, containers, and
dust;
Refrigerators, appliances (and similar equipment and other electrical
or motorized appliances or equipment);
Furniture; and
Other similar materials.
An offense punishable by not more than $500.00 in which the
prosecution in a legal proceeding is not required to prove criminal
intent as a part of its case.
That which is built or constructed or a portion thereof.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
A room containing a water closet or urinal but not a bathtub
or shower.
The natural or mechanical process of supplying conditioned
or unconditioned air to, or removing such air from, any space.
Executed in a skilled manner, e.g., generally plumb, level,
square, in line, undamaged and without marring adjacent work.
An open space on the same lot with a structure.
(Ordinance 240-2005 adopted 11/22/05; Ordinance 475-2009 adopted 10/27/09; 2008 Code,
pt. II, art. 8, sec. 1.18; Ordinance 780-2018 adopted 8/14/18; Ordinance
963-2022 adopted 3/8/22)
This section lists the standards that are referenced in various sections of this article. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and title, and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in section 4.04.003(h).
|
Standard Reference Number
|
Title
|
Referenced in Code Section Number
|
|---|---|---|
|
NFPA 70
|
National Electrical Code - Administrative Provisions
|
4.04.014(c), 4.04.154(b)
|
|
IBC-03
|
International Building Code
|
4.04.014(c), 4.04.091(c), 4.04.192(c)
|
|
IEBC-03
|
International Existing Building Code
|
4.04.002, 4.04.003(c), 4.04.014(c)
|
|
IFC-03
|
International Fire Code
|
4.04.014(c), 4.04.192(a)-(b), 4.04.194(a), (c)
|
|
IMC-03
|
International Mechanical Code
|
4.04.014(c)
|
|
IPC-03
|
International Plumbing Code
|
4.04.014(c), 4.04.125(a), 4.04.152(b)-c)
|
|
IZC-03
|
International Zoning Code
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4.04.014(c)
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(Ordinance 240-2005 adopted 11/22/05; 2008 Code, pt. II, art. 8, sec.
1.50; Ordinance 963-2022 adopted 3/8/22)
Any violation of this article is punishable by a fine not to exceed $2,000.00 or the maximum amount allowed by law if that amount is less than $2,000.00, in which case the maximum amount is specified in section 4.04.008 of this article. Each day any such violation shall continue shall constitute a separate offense punishable hereunder.
(Ordinance 240-2005 adopted 11/22/05; 2008 Code, pt. II, art. 8, sec.
1.51; Ordinance 963-2022 adopted 3/8/22)
