The International Property Maintenance Code, 2021 edition, and appendix A thereto as published by the International Code Council, Inc. are hereby adopted and made a part of this chapter, except as amended in section 6.02.332.
(Ordinance 2022-22 adopted 9/20/22)
The International Property Maintenance Code, 2021 edition and appendix as adopted in section 6.02.331 are hereby amended as follows:
(1)
Subsection
101.1 is hereby deleted and replaced with the following:
101.1 Title. These regulations shall
be known as the Property Maintenance Code of the City of Buda, Texas,
hereinafter referred to as “this code.”
(2)
Subsection
102.3 is hereby deleted and replaced with the following:
102.3 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 codes adopted by the City of Buda, Texas.
(3)
Subsection
104.1 is hereby deleted and replaced with the following:
104.1 Schedule of permit fees. The fees for work shall be as indicated in the schedule of fees adopted by the city council and attached to the Code of Ordinances as appendix A.
(4)
Subsection
104.2 is hereby deleted and replaced with the following:
104.2 Fee refunds. No portion of any
fee collected under this article shall be returned after a permit
has been issued.
(5)
Sections
107 and 108 are hereby deleted.
(6)
Subsection
302.4 is hereby deleted and replaced with the following:
302.4 Weeds.
Premises and exterior property shall be maintained free of weeds
and plant growth in excess of twelve (12) inches. Noxious weeds shall
be prohibited. Weeds shall be defined as all grasses, annual plants,
and vegetation, other than trees or shrubs provided; however, this
term shall not include cultivated flowers.
Upon failure of the owner or agent having charge of a property
to cut and destroy weeds after service of notice of violation, they
shall be subject to prosecution in accordance with section 109.3 and
as prescribed by the authority having jurisdiction. Upon failure to
comply with the notice of violation, any authorized employee of the
jurisdiction or contractor hired by the jurisdiction shall be authorized
to enter the property in violation and cut and destroy the weeds growing
there on, and the costs of such removal shall be paid by the owner
or agent responsible for the property.
(7)
New
Section 302.4a is hereby added to read as follows:
302.4a Maintenance of Abutting Property. It shall be unlawful for the owner of any lot or premises in the
city to allow or permit weeds, rubbish or any other unsightly, objectionable,
or unsanitary matter of whatever nature to grow, accumulate or remain
on the area between the property line and the curb line of adjacent
streets and alleys, and where no curb exists, the area extending to
the adjacent street or alley surface.
(8)
A new subsection 302.7.1 is hereby
added to read as follows:
302.7.1 Fences. All fences shall be maintained
structurally sound and in good repair. Any of the following conditions
shall be constitute a violation of this Code:
1.
Any
fence, or any portion thereof, out of vertical alignment by more than
fifteen (15) degrees.
2.
Rotted,
fire damaged or broken wooden support posts or cross members.
3.
Broken,
fire damaged or missing wooden slats.
4.
Broken
or bent metal posts or torn, cut or ripped metal fencing materials.
5.
Any
fence, or any portion thereof, having loose bricks, stones, rocks,
mortar, masonry, or similar materials.
(9)
A
new subsection 303.1 is hereby deleted and replaced with the following:
303.1 Swimming pools, spas and hot tubs. Swimming pools, spas and hot tubs shall be maintained in a clean
and sanitary condition, and in good repair.
(10)
Subsection 304.14 is hereby deleted
(11)
New
Subsection 308.4 is hereby added to provide as follows:
308.4 Notice; removal or correction by city.
(a)
Should any owner of a lot or parcel of real property that has places
thereon where stagnant water may accumulate or which are not properly
drained, or should any owner of any premises upon or building in which
carrion, filth or other impure, or unwholesome matter may be, fail
to drain or fill such hole or place in which water may accumulate
or fail to remove such carrion, filth, or other impure or unwholesome
matter, or fail to remove such rubbish, as the case may be, within
ten (10) days after notice to said owner to do so, the city may do
such draining, filling or removal, or cause the same to done and may
pay therefor, and charge the expenses incurred in doing such work
or having such work done to the owner of such lot or other parcel
of real property or real estate, and if such work is done or improvements
made at the expense of the city, such expense or expenses shall be
assessed on such real property upon which such expense was incurred.
(b)
Should any owner of any lot or parcel of real property within the
city, who shall allow weeds to grow or accumulate thereon, fail to
cut down and/or remove such weeds, within ten (10) days after notice
to said owner to do so, the city may do such cutting down and/or removing
of such weeds, or cause the same to be done and may pay therefor,
and charge the expenses incurred in doing such work or having such
work done to the owner of such lot or parcel of real property or real
estate, and if such work is done or improvements made at the expense
of the city then such expense shall be assessed on such real property
upon which such expense was incurred.
(c)
Such notice referenced above shall be given:
(1)
Personally, to the owner in writing.
(2)
By letter addressed to the owner at the owner’s address as
recorded in the appraisal district’s records; or
(3)
If personal service cannot be obtained, notice may be given by:
(A)
Publication at least once.
(B)
Posting the notice on or near the front door of each building
on the property to which the violation relates; or
(C)
Posting the notice 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.
(4)
If a municipality mails a notice to a property owner in accordance
with this subsection (b) 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
as delivered.
(d)
Annual notice.
After a property owner has been given
one (1) notice of violation on a lot, tract, or parcel of land, annual
notice may be given to the property owner. If the city opts to provide
annual notice, such notice shall be mailed to the owner at the address
recorded with the appraisal district and posted on the property. Once
the city has given such annual notice, no further notice shall be
required prior to abatement for that lot, tract, or parcel of land
for a one-year period. If the city does not receive notice in a change
of ownership, the city may abate any nuisance contained on the property
covered by this article without further notice and assess expenses
to the owner.
(e)
Contents of notice.
The notice of violation shall at
a minimum contain the following:
(1)
The name of the owner, if known, of the premises proposed to be entered
upon by the city;
(2)
The address or legal description of the premises proposed to be entered
upon by the city;
(3)
The offending conditions existing on the lot, tract or parcel of
land;
(4)
A statement that the recipient has ten (10) days from the date of
notice to correct the violation, that if he/she fails to do so, the
city will enter the premises and remedy the same, and that the city
is entitled to attach a lien to the property to secure payment for
services rendered; and
(5)
A statement that the recipient is entitled to a hearing.
(f)
If annual notice is given, it shall state, in addition to the foregoing,
that the city may enter upon the premises to remedy any violation
at thirty-day intervals during the year.
(g)
Owner requested work.
In the event the owner of any
such property requests that the city do such work as is necessary
in order to abate or prevent a violation of this article, then such
request will negate the requirement for notification of violation
by the city, and the city will have the same remedies as hereinafter
set forth.
(h)
Exception.
Notwithstanding the foregoing provisions,
the city may abate, without prior notice, any weeds that have grown
to a height of forty-eight (48) inches and are an immediate danger
to health, life, or safety of any person. In the event that the city
abates weeds pursuant to this subsection, the requirements set forth
in the Texas Health and Safety Code for such abatement shall govern.
(12)
New Subsection 308.5 is hereby added to provide as follows:
308.5 Filing of statement of city’s expenses;
lien. The mayor or building official of the city shall
file a statement of such expenses incurred under this section, giving
the amount of such expenses, and the date on which said work was done
or improvements made, with the county clerk, and the city shall have
a privileged lien on such lot or other parcel of real property or
real estate upon which said work was done or improvements made to
secure the expenditures so made, in accordance with the provisions
of Texas Health and Safety Code, chapter 342, which lien shall be
second only to tax liens and liens for street improvements; and said
amount shall bear ten percent (10%) interest from the date said statement
was filed. It is further provided that for any such expenditures,
and interest, as aforesaid, suit may be instituted and recovery and
foreclosure of said lien may be had in the name of the city; and the
statement of expenses so made, as aforesaid, or a certified copy thereof,
shall be prima facie proof of the amount expended for such work or
improvements.
(13)
New Section 310 is hereby added to provide as follows:
SECTION 310 PROHIBITED LIVING AND RESIDENTIAL USES.
|
Section 310.1 Prohibited use of recreational vehicles
and utility equipment. No recreational vehicle or utility
equipment shall be used for living, sleeping, or housekeeping purposes.
For purposes of this section, a recreational vehicle is defined as
a motorized dwelling, travel trailer, boat, or similar vehicle. For
purposes of this section, utility equipment is defined as a horse
trailer, portable storage unit, or similar equipment.
|
|
Section 310.2 Prohibited Conversion of structure. It shall be unlawful for a person to convert a structure into a
residence, or use a non-residential structure for residential purposes,
without first meeting the requirements of the International Building
Code and the adopted Unified Development Code.
|
(14)
Subsection 401.2 is hereby deleted and replaced with the following:
401.2 Responsibility. A person shall
not occupy, or permit another person to occupy, any premises that
does not comply with the requirements of this chapter.
(15)
Subsection 501.2 is hereby deleted and replaced with the following:
501.2 Responsibility. A person shall
not occupy, or permit another person to occupy, any premises that
does not comply with the requirements of this chapter.
(16)
Subsection 601.2 is hereby deleted and replaced with the following:
601.2 Responsibility. A person shall
not occupy, or permit another person to occupy, any premises that
does not comply with the requirements of this chapter.
(17)
Subsection 602.3 is hereby deleted
and replaced with the following:
602.3 Heat supply. Every owner and operator
of any building who rents, leases or lets one or more dwelling units
or sleeping units on terms, either expressed or implied, to furnish
heat to the occupants thereof shall supply heat to maintain a temperature
of not less than 68 degrees Fahrenheit (20 degrees Celsius) in all
habitable rooms, bathrooms, and toilet rooms.
Exceptions:
1.
When the outdoor temperature is below the winter outdoor design temperature
for the locality, maintenance of the minimum room temperature shall
not be required provided that the heating system is operating at its
full design capacity. The winter outdoor design temperature for the
locality shall be as indicated in appendix D of the Plumbing Code
of the City of Buda, Texas.
2.
In areas where the average monthly temperature is above 30 degrees
Fahrenheit (-1 degree Celsius) a minimum temperature of 65 degrees
Fahrenheit (18 degrees Celsius) shall be maintained.
(18)
Subsection 602.4 is hereby deleted
and replaced with the following:
602.4 Occupiable work spaces. Indoor
occupiable work spaces shall be supplied with heat during to maintain
a minimum temperature of 65 degrees Fahrenheit (18 degrees Celsius)
during the period the spaces are occupied.
Exceptions:
(19)
Subsection 701.2 is hereby deleted and replaced with the following:
701.2 Responsibility. A person shall
not occupy, or permit another person to occupy, any premises that
does not comply with the requirements of this chapter.
(Ordinance 2022-22 adopted 9/20/22)
