The provisions of this division shall apply to all existing structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other 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.
(Ordinance 2019-08-26-02 adopted 8/26/19)
This division 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 all existing 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 and all applicable regulations. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with this article.
(Ordinance 2019-08-26-02 adopted 8/26/19)
Equipment, systems, devices and safeguards required by this division or a previous regulation or ordinance 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 division to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress, or as permitted by the Texas Property Code section 92.008. The requirements of this division 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 shall be responsible for the maintenance of buildings, structures and premises.
(Ordinance 2019-08-26-02 adopted 8/26/19)
The following is an enumeration of public nuisances subject to the provision of this division:
(1) 
Maintaining any premises in a manner that is unsafe or constitutes a hazard to safety, health, or public welfare, or the structure is unfit for human occupancy, is an unlawful structure or is an unsafe structure, as defined herein, because of inadequate maintenance, unsanitary conditions, dilapidation, obsolescence, fire hazard, disaster, or abandonment.
(2) 
Any object, item, situation, or condition specifically identified as a public nuisance in any other statute or ordinance for with the city is responsible for enforcing.
(3) 
Allowing the storage, disposal, or keeping on any premises for more than 60 days of any new or used building materials, without a permit from the city providing that nothing herein shall:
(A) 
Prohibit such storage without a permit when held in conjunction with the construction, refurbishment, or remodeling project for which a permit has been issued and that is being diligently prosecuted by the responsible person to completion.
(B) 
Prohibit such storage without a permit on the premises of a dealer in building materials or other commercial enterprise when the same is permitted under any other ordinance.
(C) 
Make lawful any such storage, disposal, or keeping when it is prohibited by any other ordinances or laws.
(4) 
The existence of any fence or other structure or other like thing on private property abutting or fronting upon any public street, sidewalk or place that is in a sagging, leaning, fallen, decayed, or other dilapidated or unsafe condition, or otherwise prohibited by ordinance or statute.
(5) 
Allowing a dangerous building, billboard, or other structure, either partially destroyed or unfinished to remain on any premises.
(6) 
A structure or building, regardless of its structural condition, 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 boarded up, fenced, or otherwise secured in any manner if:
(A) 
The building constitutes a danger to the public even though secured from entry; or
(B) 
The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by subsection (6) above.
(Ordinance 2019-08-26-02 adopted 8/26/19)
(a) 
A person commits an offense if that person causes, permits, allows, or maintains a public nuisance as defined in section 24.02.484 on premises under the person’s ownership, occupancy, or control.
(b) 
The municipal court may order abatement and removal of the nuisance, in addition to any criminal penalty allowed herein.
(c) 
A person commits an offense if the person maintains a public nuisance described in section 24.02.484. Such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of this division is continued or committed.
(d) 
An offense under this division is a misdemeanor punishable by a fine in accordance with the general penalty provision found in section 24.02.005 of this article.
(e) 
Any person violating this division is subject to a suit for injunction and civil penalties, as well as prosecution for criminal violations.
(Ordinance 2019-08-26-02 adopted 8/26/19)
(a) 
Whenever the code official or authorized designee determines that a public nuisance exists upon any premises, the official may require or provide for the abatement thereof pursuant to this division. The code official or authorized designee, upon personal observation or receipt of a written complaint of any public nuisance, and upon verification that such a violation may exist, shall cause any owner or other responsible person to be notified of the existence of a public nuisance on any premises and shall direct the owner or other responsible person to abate the condition within ten (10) calendar days after notice, or other reasonable period.
(b) 
In case the owner shall fail, neglect, or refuse to comply with the notice to repair, improve or to demolish and remove said building or structure, the municipal court may order the owner or responsible person to comply with this article, and vacate the property, and/or repair, improve or demolish the building or structure or portion thereof.
(c) 
On or before the tenth day before the hearing date before the municipal court to determine that the building is a public nuisance as defined herein or is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare, and impose penalties as prescribed herein, notice of the hearing must be and shall be deemed to be properly served if a copy thereof is:
(1) 
Personally delivered or mailed, by certified mail, return receipt requested, or by delivery by the United States Postal Service using signature confirmation service to the record owners of the affected property, and each holder of a recorded lien against the property, as shown by the records in the office of the county clerk of the county in which the property is located if the address of the lienholder can be ascertained from the deed of trust establishing the lien or any other applicable instruments on file in the office of the county clerk.
(2) 
In addition to personal service the city must:
(A) 
Publish notice on one occasion in a newspaper of general circulation in the city; and
(B) 
Post the notice on or near the front door of each building on the property to which the violation relates; or on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings.
(3) 
The code official or authorized designee may file in the official public records of real property in the county in which the affected property is located a notice of the municipal court hearing that contains the following information:
(A) 
The name and address of the property owner, if that information can be determined;
(B) 
A legal description of the property; and
(C) 
Description of the hearing.
(4) 
A notice filed in compliance with subsection (3) above binds any subsequent grantee, lienholder, or other transferee of an interest in the property who acquires the interest after the filing of the notice and constitutes notice of the hearing to any subsequent recipient of any interest in the property who acquires the interest after the filing of the notice.
(d) 
Form of notice.
At a minimum, the form of notice required by this division shall contain the following information:
(1) 
Be in writing;
(2) 
State the date, time, and place of the hearing;
(3) 
An identification, which is not required to be a legal description, of the structure and the property on which it is located;
(4) 
A description of the alleged violation or violations of minimum standards that are present on the property;
(5) 
A statement that the owner, lienholder, or mortgagee must submit at the hearing proof of the scope of any work that may be required to comply with this division and the time it will take to reasonably perform the work; and
(6) 
Include a statement that, if such repairs, reconstruction, alterations, removal or demolition are not voluntarily completed within the stated time as set forth in the notice, the official shall institute legal proceedings charging the person or persons, firm, corporation or agents with a violation of this division, or that the city may cause the abatement of the public nuisance and assess the expenses thereof against the subject property.
(7) 
Contain the following statement: According to the real property records of Travis 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 received this notice. If you do not send the affidavit, it will be presumed that you own the property described in this notice.
(e) 
If any notice required by this division is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the eleventh day after the date of return.
(f) 
The municipal court shall conduct hearings under the procedures adopted under this division.
(g) 
The abatement of a public nuisance does not preclude the right of any person to recover damages for its past existence.
(Ordinance 2019-08-26-02 adopted 8/26/19)
(a) 
The municipal court has the power and duty to hold a public hearing to determine whether or not the building is unsafe in accordance with the standards set forth in this division.
(b) 
A petition filed with the municipal court by the city prosecutor initiates a civil proceeding under this article. The proceeding must be kept and organized separately from the criminal dockets of the municipal court.
(c) 
The petition must include:
(1) 
Identify the structure and the property on which it is located (not required to be a legal description); and
(2) 
A description of the alleged violation or violations of minimum standards that are present on the property.
(d) 
The proceeding will be styled “City of Lakeway, Plaintiff v. (property description), Defendant.” The municipal court shall set the matter for a hearing not less than 30 days or more than 60 days after the filing of the petition.
(e) 
A public hearing to consider repair, demolition, vacation, reduction of occupancy load, securing of a structure, or the assessment of a civil penalty against the owner, or the relocation of the occupants of the structure, or any combination of those actions, must be before the municipal court after notice of the hearing has been given to the owner, lienholder, and mortgagee in compliance with this division. If the record shows that the notice was received by a person designated in this section less than five days before the hearing, the person shall, upon request at the hearing, receive a resetting of the hearing. Written notice of the rescheduled hearing may be given personally to persons in attendance at that time. Notice of the rescheduled hearing to any person not in attendance must be given in the same manner required for an initial hearing under section 24.02.486.
(f) 
At the hearing, the city prosecutor shall present evidence of the condition of a structure and other relevant issues. An owner, lienholder, or mortgagee shall present evidence of the scope of work and time required to comply with this division and may present evidence and witnesses on other relevant issues and may cross-examine witnesses. A lessor, an occupant, or any other interested person may present evidence and witnesses on relevant issues and cross-examine witnesses. City prosecutor may cross examine or rebut any evidence offered by an opposing party or other witness.
(g) 
At any hearing to determine whether a structure complies with the minimum standards set out in this article, the city attorney has the burden of proof to demonstrate the existence of each alleged violation of those standards described in the notice of the hearing. The owner, lienholder, or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with this article and the time it will take to reasonably perform the work, The municipal court shall make its decision based on a preponderance of the evidence presented at the hearing.
(h) 
After hearing evidence from each interested person present, the municipal court may do one or more of the following:
(1) 
Find that the structure is not a nuisance as defined herein and refer the matter to the director or designee of the city manager for appropriate action, if any;
(2) 
Find that the structure is a nuisance as defined herein, specifically describing each minimum standard found to be violated, and order one or more of the following:
(A) 
Demolition of the structure by the owner, lienholder, or mortgagee within thirty days, unless an extension is granted under subsection (j) of this section;
(B) 
Demolition of the structure by the city if demolition by the owner, lienholder, or mortgagee is not timely effected in compliance with a municipal court order issued under this section, provided that this order may not be issued as a default action except in conjunction with a demolition order issued by the municipal court. If the city incurs expenses under this division, the expenses may be assessed and a lien shall be placed on the property on which the building was located, unless the property is a homestead as protected by the Texas Constitution;
(C) 
Repair of the structure by the owner, lienholder, or mortgagee as needed to correct every violation of minimum standards found by the municipal court to exist at the structure, the repair to be accomplished within thirty days, unless an extension is granted under subsection (j) of this section;
(D) 
Repair of the structure by the city as needed to correct every violation of minimum standards found by the municipal court to exist at the structure, if repair by the owner, lienholder, or mortgagee is not timely effected in compliance with a municipal court order issued under this section. Repairs performed by the city may only be done to the extent necessary to bring the building into compliance with the minimum standards and only if the building is a residential building with ten or fewer dwelling units. The repairs may not improve the building, to the extent that the building exceeds minimum standards as set forth in this article. If the city incurs expenses under this division, the expenses may be assessed and a lien shall be placed on the property on which the building was located, unless the property is a homestead as protected by the Texas Constitution;
(E) 
Vacation of the structure by the owner, lienholder, or mortgagee, within a specified period of time;
(F) 
Vacation of the structure by the city if vacation by the owner, lienholder, or mortgagee is not timely effected in compliance with a municipal court order issued under this section. If the city incurs expenses under this division, the expenses may be assessed and a lien shall be placed on the property on which the building was located, unless the property is a homestead as protected by the Texas Constitution;
(G) 
The assessment of a civil penalty against the owner for each day or part of a day that the owner fails to repair or demolish the structure in compliance with a municipal court order issued under this section; or
(H) 
Direct the city prosecutor that a cause of action be brought in district court in accordance with section 214.003 of the Texas Local Government Code for the appointment of a receiver of the property;
(3) 
Find that the structure is open and vacant and order one or more of the following:
(A) 
Securing of the structure by the owner, lienholder, or mortgagee from entry by unauthorized persons within thirty days; or
(B) 
Securing of the structure by the city if the securing by the owner, lienholder, or mortgagee is not timely effected in compliance with a municipal court order.
(i) 
If delinquent taxes are owed on the property, the municipal court may defer any final action on the property pending settlement of the delinquent taxes if such deferral would not further endanger public health, safety and welfare. The owner(s) and/or lienholder(s) must agree to secure the premises and maintain it securely. The municipal court will specify the conditions that would require the property to be referred back to the municipal court by the director or designee of the city manager.
(j) 
Time extensions for complying with an order to repair or demolish a structure:
(1) 
The municipal court may allow more than thirty days to comply with an order to repair or demolish a structure, if the owner, lienholder, or mortgagee establishes at the hearing that the work cannot reasonably be performed within thirty days. The municipal court shall establish a specific time schedule for the commencement and performance of the work and require the owner, lienholder, or mortgagee to secure the property from unauthorized entry while the work is being performed.
(2) 
The municipal court may not allow more than ninety days to comply with a municipal court order unless the owner, lienholder, or mortgagee:
(A) 
Submits at the hearing a detailed plan, which may include plot plan(s), floor plan(s), sections and architect and/or engineer recommendations, as determined by the municipal court and time schedule for the work; and
(B) 
Establishes at the hearing that the work cannot reasonably be completed within ninety days because of the scope and complexity of the work.
(3) 
If the municipal court allows more than ninety days to complete any part of the work required to repair or demolish the structure, it shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the code official or authorized designee demonstrating compliance with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder, or mortgagee appear before the municipal court or the director or designee of the city manager to demonstrate compliance with the time schedules.
(4) 
If the owner, lienholder, or mortgagee owns property, including structures and improvements on property, within the city boundaries that exceeds one hundred thousand dollars ($100,000.00) in total value, the municipal court may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing or demolishing the structure. In lieu of a bond, the municipal court may require the owner, lienholder, or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party approved by the city. The bond must be posted, or the letter of credit or third-party guaranty provided, not later than the thirtieth day after the date the panel issues the order. The municipal court shall establish rules and procedures, to be approved by the city prosecutor, governing when a bond, letter of credit, or third-party guaranty will be required under this section.
(k) 
The municipal court order issued shall include the following:
(1) 
A statement as to whether the structure or part thereof can be made safe;
(2) 
An order providing for the vacation, relocation of occupants, securing, repair, removal, or demolition of the structure or part thereof;
(3) 
A period of time, not less than 30 days during which the record owners shall comply with the orders of the municipal court;
(4) 
An additional period of time during which the mortgagees or lienholders may comply with the orders of the municipal court;
(5) 
A statement that failure of the record owners, mortgagees or lienholders to comply may result in the vacation, relocation of occupants, securing, repair, removal, or demolition of the structure or part thereof by the city at its own expense but for and on account of the owner of such real property, the cost of which account shall become a claim to be secured by a lien against the real estate, due and payable within thirty days of the date of completion of the work;
(6) 
A statement setting forth the penalties for disregarding the municipal court’s order in accordance with this division;
(7) 
A statement that the owner, mortgagee or lienholder shall have a right to appeal within 30 calendar days after notice to a court of competent jurisdiction and that failure to do so within 30 calendar days after receipt of notice shall result in the findings becoming final; and
(8) 
A statement that any civil penalty or assessment imposed will accrue interest at a rate of ten percent a year from the date of the assessment until paid in full.
(l) 
After the municipal court issues an order under this section, the code official or authorized designee shall promptly personally deliver or mail by certified mail, return receipt requested, a copy of the order to each owner, lienholder, and mortgagee of the structure and shall provide a copy of the order to the city secretary, who shall file said order in the deed records of the county in which the property is located. If an order to repair, demolish, vacate, reduce in occupancy load, or secure a structure, or to relocate the occupants of a structure, is timely effected, the code official or authorized designee, upon request and payment of the cost by the owner, shall provide a “notice of compliance” to the city secretary for filing in the deed records of the county in which the property is located. Every notice given under this section must include an identification, which is not required to be a legal description, of the structure and property on which it is located, and a description of the violation of minimum standards that is present at the property.
(1) 
When an order issued by municipal court has been filed in the deed records of the county in which the property is located, execution of the order is not affected by a sale or other transfer of the premises. A person acquiring interest in property after an order has been so filed is subject to the requirements of the order. The provisions of this section must be included as a part of each order.
(2) 
In addition to the notice requirements of this division, within ten days after mailing, a copy of the municipal court order, the code official or authorized designee shall:
(A) 
File a copy of the order in the office of the city secretary; and
(B) 
Publish one time in a newspaper of general circulation in the city an abbreviated copy of the order containing the street address or legal description of the property, the date of the hearing, a brief statement indicating the results of the order, and instructions stating where a complete copy of the order may be obtained.
(m) 
Demolition, vacation, and securing of a structure, and the relocation of the occupants of a structure, may be accomplished by an owner, lienholder, or mortgagee as compliance with this division, or by the city if not accomplished in 90 days by the owner, lienholder, or mortgagee. Repair of a structure may be accomplished by an owner, lienholder, or mortgagee as compliance with this division, or by the city if not accomplished in 90 days by the owner, lienholder, or mortgagee, but only to the extent necessary to bring the structure into compliance with minimum standards and only if the structure is a residential structure with not more than ten dwelling units. Performance of work by the city under this section does not limit the ability of the city to collect on a bond or other financial guaranty that may be required from the property owner, lienholder, or mortgagee under this division.
(n) 
If the code official or authorized designee determines that the owner, lienholder, or mortgagee has not timely complied with a municipal court order issued under this division, and the municipal court order included a provision authorizing the city to perform work or to assess a civil penalty upon failure of the owner, lienholder, or mortgagee to comply with the order, the code official or authorized designee shall promptly give notice to each owner, lienholder, and mortgagee of the demolition, repair, vacation, or securing of the structure by the city, or the relocation of the occupants of the structure by the city, or the assessment of a civil penalty, whichever is applicable. The notice must include:
(1) 
An identification, which is not required to be a legal description, of the structure and the property on which it is located;
(2) 
An identification of the municipal court order affecting the property;
(3) 
A description of each violation of minimum standards found by the municipal court to be present on the property;
(4) 
A description of any work ordered by the municipal court to correct each violation on the property;
(5) 
The amount of any civil penalty ordered by the municipal court if each violation is not corrected in compliance with the municipal court order;
(6) 
A statement that the owner, lienholder, or mortgagee has not timely complied with the municipal court order; and
(7) 
The date and time the city will begin performance of the work or assessment of the civil penalty in accordance with the municipal court order.
(o) 
On or before the twentieth day before the city begins performance of work or the assessment of a civil penalty on property subject to a municipal court order, the notice must be:
(1) 
Personally delivered or mailed, by certified mail, return receipt requested, to each owner, lienholder, and mortgagee of the structure;
(2) 
Posted, to all unknown owners, on the front door of each improvement situated on the affected property or as close to the front door as practicable; and
(3) 
Published on one occasion in a newspaper of general circulation in the city.
(Ordinance 2019-08-26-02 adopted 8/26/19)
(a) 
If and when an owner or other responsible person undertakes to abate any condition described in this division, whether by order of the code official or authorized designee or otherwise, all needful and legal conditions pertinent to the abatement may be imposed by the code official or authorized designee. It is unlawful for the owner or other responsible person to fail to comply with such conditions.
(b) 
Nothing in this division shall relieve any owner or other responsible person of the obligation of obtaining any required permit to do any work incidental to abatement.
(Ordinance 2019-08-26-02 adopted 8/26/19)
Whenever any condition on or use of property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public or a significant portion thereof, the code official or authorized designee shall have the authority to summarily and without notice abate the same. The code official or authorized designee 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 is 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.
(Ordinance 2019-08-26-02 adopted 8/26/19)
(a) 
The city council may assess expenses incurred under this section against the real property on which the work is done or improvements made.
(b) 
The city shall keep an accurate record of all expenses incurred for the removal and/or abatement of the public nuisance under this division, including man hours, equipment hours or rental materials, and fuel, among other expenses.
(c) 
Property classified as a homestead as defined in the Texas Constitution and property owned by the city shall be exempt from the provisions of this division relating to the imposition of liens upon property for recovery of city expenses in abating public nuisances.
(d) 
To obtain a lien against the property, the code official or authorized designee designated by the city 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.
(e) 
The lien obtained by the city is security for the expenditures made and interest accruing at the rate of ten (10) percent on the amount due from the date of payment by the city.
(f) 
The council may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due.
(g) 
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.
(h) 
The remedy provided by this section is in addition to the remedy provided by section 24.02.491.
(i) 
The council may foreclose a lien on property under this division in a proceeding relating to the property brought under subchapter E, chapter 33, Tax Code.
(j) 
Any lien placed on the subject property is extinguished if the property owner or another person having interest in the legal title to the property reimburses the city for the expenses. The city manager or his or her designee is authorized to release any lien assessed, subject to full payment of 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. Notice of the lien shall be in recordable form and shall be promptly delivered to the city clerk for filing with the county clerk. 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 building was located, the amount of expenses incurred by the city and the balance due.
(k) 
If the notice is given and the opportunity to relocate the tenants of the building or to repair, remove, or demolish the building is afforded to each mortgagee and lienholder as authorized by this division, the lien is a privileged lien subordinate only to tax liens.
(l) 
The city’s lien is inferior to any previously recorded bona fide mortgage lien attached to the real property if the mortgage lien was filed for record with the county clerk before the date the repair, removal or demolition is begun by the city. The city’s lien is superior to all other previously recorded judgment liens.
(m) 
A lien assessed under this division accrues interest at the rate of ten percent a year from the assessment until paid in full.
(n) 
The city’s right to the assessment may not be transferred to third parties.
(o) 
Seizure and sale of foreclosed property shall be conducted in accordance with Texas Local Government Code section 214.003.
(Ordinance 2019-08-26-02 adopted 8/26/19)
(a) 
Any person violating this division, upon conviction, is punishable by a fine in accordance with the general penalty provision found in section 24.02.005 of this article.
(b) 
Any person violating this division is subject to a suit for injunction as well as prosecution for criminal violations.
(Ordinance 2019-08-26-02 adopted 8/26/19)
(a) 
It shall be the duty of the code official or authorized designee to take the necessary action for the enforcement of this division.
(b) 
City staff or other authorized representatives of the city shall comply with section 1.01.010 and shall only enter private property at reasonable times:
(1) 
With consent of: the owner; or a resident, tenant, or lessee occupying the property; or the owner’s designated agent; or
(2) 
Pursuant to a lawfully issued administrative warrant.
(c) 
The code official shall be the sole code enforcement officer to whom a search warrant may be issued pursuant to the Texas Code of Criminal Procedure article 18.05.
(d) 
A search warrant may be issued to the code official for the purpose of allowing the inspection of any specified premises to determine the presence of any violation of this division that may be classified as a fire or health hazard, or an unsafe building condition.
(e) 
Nothing in this division shall be construed to limit the authority of the code official to enter any premises pursuant to any valid court order.
(Ordinance 2019-08-26-02 adopted 8/26/19)