Chapter 214, Tex. Loc. Gov’t. Code, is hereby adopted
by the city and made a part of this article. In the event of any conflict
or inconsistency between the terms and provisions of this article
and chapter 214, the terms and provisions of chapter 214 shall govern
and control.
(Ordinance 2016-4-26B, sec. 4, adopted 4/26/16)
As used in this article the following terms shall have the meanings
given below:
Building.
Any building or structure built for the support, shelter,
use or enclosure of persons, animals, chattels or property of any
kind.
Code enforcement authority.
The person designated by the city for purposes of making
inspections, sending notices, and otherwise enforcing the provisions
of this article.
County.
The County of Williamson, Texas.
Dangerous building, unsafe building, and substandard building.
Any building located within the incorporated limits of the
city that is:
(1)
In such a state or condition of repair or disrepair that all
or any of the following conditions exist:
(A)
Walls or other vertical structural members list, lean, or buckle;
(B)
Damage or deterioration exists to the extent the building cannot
be used or occupied without risk of injury, or to the extent the building
poses a danger to persons on the property or adjacent property;
(C)
Loads on floors or roofs are improperly distributed or the floors
or roofs are of insufficient strength to be reasonably safe for the
purposes used;
(D)
Damage by fire, wind, or other cause has rendered the building
or structure dangerous to life, safety, morals or the general health
and welfare of the occupants or the people of the city;
(E)
The building or structure is so dilapidated, substandard, decayed,
unsafe, unsanitary or otherwise lacking in the amenities essential
to decent living or use that the same is unfit for human habitation
or occupancy, or is likely to cause sickness, disease or injury or
otherwise to constitute a detriment to the health, morals, safety
or general welfare of those persons assembled, working, or living
therein or is a hazard to the public health, safety and welfare;
(F)
Light, air, and sanitation facilities are inadequate to protect
the health, morals, safety, or general welfare of persons who assemble,
work, or live therein;
(G)
Stairways, fire escapes, and other facilities of egress in case
of fire or panic are inadequate;
(H)
Parts or appendages of the building or structure are so attached
that they are likely to fall and injure persons or property;
(I)
The floors, exterior walls, or roof fail to protect occupants
of the building or structure from weather, injury, and the danger
of collapse due to the presence of holes, cracks, and loose, rotten,
warped, or protruding boards or other similar damage in floors, exterior
walls or the roof;
(J)
Conditions of the structure or building constitute a material
violation of provisions of the city’s building codes, plumbing
code, fire prevention code, or electrical code (the “codes”).
For the purposes of this section, a “material” violation
is a violation of any provision or provision of the codes that creates
a significant risk of personal injury, death, or property damage;
(2)
Dilapidated, substandard, or unfit for human habitation and
a hazard to the public health, safety, and welfare of the city’s
residents;
(3)
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
(4)
Boarded up, fenced or otherwise secured in any manner if:
(A)
The building constitutes a danger to the public even though
secured from entry;
(B)
The means used to secure the building are inadequate to prevent
unauthorized entry or use of the building to the extent 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
(C)
Defined as a dangerous or unsafe building by the 2012 International
Property Maintenance Code, published by the International Code Council,
Inc.
Responsible parties.
The owner, and any mortgagee or lienholder identified by
the owner or by search of the public tax records and real property
records of the county, and any occupant or person residing within,
or in custody of, the building or structure.
(Ordinance 2016-4-26B, sec. 4, adopted 4/26/16)
(a) It
shall be unlawful for any person to maintain or permit the existence
of any dangerous building in the city; and it shall be unlawful for
any person to permit same to remain in such condition.
(b) All
dangerous buildings, unsafe buildings, and substandard buildings are
hereby declared to be public nuisances and shall be abated by repair,
rehabilitation, demolition, or removal in accordance with the procedures
provided in this article.
(c) The
code enforcement authority shall enforce the provisions of this article.
(Ordinance 2016-4-26B, sec. 4, adopted 4/26/16)
The code enforcement authority shall inspect, or cause to be inspected, every building, or portion thereof, reported to be dangerous. If such building, or any portion thereof, is determined to be dangerous, the code enforcement authority shall give the responsible parties notice in accordance with the requirements set forth in section
4.04.005 of this article. The code enforcement authority shall also:
(1) Inspect
or cause to be inspected, when necessary, any building or structure
within the incorporated limits of the city, including public buildings,
schools, halls, churches, theaters, hotels, tenements, or apartments,
multifamily residences, single-family residences, garages, warehouses,
and other commercial and industrial structures of any nature whatsoever
for the purpose of determining whether any conditions exist which
render such places a “dangerous building” as defined in
this article.
(2) Inspect
any building, wall or structure about which complaints have been filed
by any person to the effect that a building, wall or structure is
or may be existing in violation of this article.
(3) Report
to the board of adjustments and appeals any noncompliance with the
minimum standards set forth in this article. The city code enforcement
authority shall obtain from the secretary of the board of adjustments
and appeals a hearing date for a public hearing by the board of adjustments
and appeals on any building believed to be a dangerous building and
shall provide the secretary of the board of adjustments and appeals
with copies of the written notice to persons with interests in the
property as required under this article.
(4) Appear
at all hearings conducted by the board of adjustments and appeals
and testify as to the conditions of dangerous buildings within the
city.
(5) Place
a notice on all dangerous buildings reading as follows: “This
building has been found to be a dangerous building by the City of
Jarrell Code Enforcement Authority. This notice is to remain on this
building until it is repaired, vacated, or demolished in accordance
with the notice which has been given to the owner(s), occupant(s)
and person(s) with interests in the property as shown by the records
of the city secretary and the tax appraisal district. It is unlawful
to remove this notice until such notice is complied with.”
(6) Request
the mayor, city administrator, or city manager, as applicable, to
have the building inspector, or an appropriate engineer or building
inspector, provide additional inspections, reports and act as an expert
witness at hearings for buildings that appear marginally dangerous.
(7) Make
a diligent effort to determine the identity and address of each owner,
lienholder, or mortgagee. The code enforcement authority satisfies
the requirements of this subsection to make a diligent effort, to
use best efforts, or to make a reasonable effort to determine the
identity and address of an owner, a lienholder, or a mortgagee if
the code enforcement authority searches the following records:
(A) County real property records of the county in which the building
is located;
(B) Appraisal district records of the appraisal district in which the
building is located;
(C) Records of the secretary of state;
(D) Assumed name records of the county in which the building is located;
(E) Tax records of the city; and
(F) Utility records of the city.
(8) Perform
the other requirements with respect to notification of public hearings
as are set forth more specifically in this article.
(Ordinance 2016-4-26B, sec. 4, adopted 4/26/16)
(a) Should
the code enforcement authority determine that a building within the
city is a dangerous building, he/she shall, in the manner provided
for in this article, attempt to identify all the responsible parties
that have an interest in the building, and give written notification
of the dangerous building or condition by certified mail return receipt
requested and regular U.S. mail to each of the identified responsible
parties that are identified by the search made pursuant to subsection
(4) below. Such notice shall include:
(1) The address or legal description of the property where the building
or structure deemed unsafe is located;
(2) A statement of the specific conditions, violations, or defects which
make the building or structure a dangerous building;
(3) Notice of the date and time of a public hearing before the board
of adjustments and appeals to determine whether the building complies
with the standards set out in this article; and
(4) A statement that the owner, lienholder, mortgagee, or persons with
a legal interest in the building will be required to submit at the
hearing proof of the scope of any work that may be required to comply
with the article and the amount of time it will take to reasonably
perform the work.
(b) The
notice required under this section must be either personally delivered
or mailed on or before the 10th day before the date of the hearing
unless the code enforcement authority determines that the property,
building, or structure is in immediate need to be secured, repaired,
or abated and the property, building, or structure presents an immediate
threat to the health, safety, and welfare of the public. For purposes
of providing the minimum notice under this subsection, the notice
of dangerous building or dangerous condition of property shall be
deemed served upon the responsible parties on the date the notice
is deposited with the U.S. Postal Service.
(c) Such
notice shall be served upon the responsible parties both by certified
mail and regular U.S. mail as required in this section.
(Ordinance 2016-4-26B, sec. 4, adopted 4/26/16)
(a) Should
the code enforcement authority determine that any building or structure
within the incorporated limits of the city is a dangerous building,
or is unoccupied and unsecured, or is occupied only by persons who
do not have a right of possession of the building, he/she shall cause
the building to be secured.
(b) Before
the 11th day after the date the building is secured, the municipality
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 building
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 building if personal
service cannot be obtained and the owner’s post office address
is unknown.
(c) The
notice must contain:
(1) Identification, which is not required to be a legal description,
of the building and the property on which it is located;
(2) A description of the violation of the city standards that is present
at the building;
(3) A statement that the city will secure or has secured, as the case
may be, the building; and
(4) An explanation of the owner’s entitlement to request a hearing
about any matter relating to the municipality’s securing of
the building.
(d) The
board of adjustments and appeals shall conduct a hearing at which
any of the responsible parties may testify and present witnesses and
written information about any matter relating to the city’s
securing of the building, if, within 30 days after the date the code
enforcement authority secures or causes to be secured the building,
a responsible party files a written request for the hearing. The board
of adjustments and appeals shall conduct the hearing within 20 days
after the date the request is filed with the city.
(e) The
city shall impose a lien against the land on which the building stands,
unless it is a homestead, to secure the payment of the cost of securing
the building. Promptly after the imposition of the lien, the city
shall file for record, in recordable form in the official public records
of the county, a written notice of the imposition of the lien. The
notice shall contain a legal description of the land.
(Ordinance 2016-4-26B, sec. 4, adopted 4/26/16)
(a) A
notice of dangerous building or dangerous condition of property as
required under this article shall include notice of the date and time
of a public hearing and shall be deemed properly served upon the responsible
parties if a copy thereof is:
(1) Served upon him/her personally;
(2) Sent by registered or certified mail, return receipt requested, and
regular U.S. mail to the last known address of such person as shown
on the records of the city; or
(3) Posted in a conspicuous place in or about the building affected by
the notice.
(b) When
the city mails a notice in accordance with this section to a property
owner, lienholder, or mortgagee, and the United States Postal Service
returns the notice “refused” or “unclaimed,”
the validity of the notice is not affected, and the notice is considered
delivered.
(c) The
city shall file notice of the hearing in the official public records
of real property of the county.
(Ordinance 2016-4-26B, sec. 4, adopted 4/26/16)
The city council shall serve and act as the board of adjustment
and appeals of the city.
(Ordinance 2016-4-26B, sec. 4, adopted 4/26/16)
The board of adjustments and appeals shall:
(1) Schedule
and conduct a hearing and hear testimony from the code enforcement
authority, the owner and other persons having an interest in the dangerous
building, and any person desiring to present factual evidence relevant
to the dangerous building. Such testimony shall relate to the determination
of the question of whether the building or structure in question is
a dangerous building and the scope of any work that may be required
to comply with this article and the amount of time it will take to
reasonably perform the work. The owner or a person having an interest
in the dangerous building shall have 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.
(2) Upon
conclusion of the hearing, the board of adjustments and appeals shall
determine by majority vote whether the building or structure in question
is a dangerous building. Upon a determination that the building or
structure in question constitutes a dangerous building, the board
of adjustments and appeals shall issue a written order:
(A) Containing an identification of the building and the property on
which it is located;
(B) Making written findings of the minimum standards violations that
are present at the building;
(C) Requiring the owner and persons having an interest in the building
to secure, repair, vacate, and/or demolish the building within thirty
(30) days from the issuance of such order, unless the owner or a person
with an interest in the building establishes at the hearing that the
work cannot reasonably be performed within thirty (30) days, in which
instance the board of adjustments and appeals shall specify a reasonable
time for the completion of the work; and further provided that the
board of adjustments and appeals may require the owner and occupants
to vacate the building within a shorter period of time if the building
has fallen, is at risk of immediate collapse, or is in such a condition
that life is endangered by further occupation of the building; and
(D) Containing a statement that the city will vacate, secure, remove
or demolish the dangerous building and relocate the occupants of the
building if the ordered action is not taken within the time specified
by the board of adjustments and appeals and it is found and determined
by the board of adjustments and appeals in its order that there is
an immediate clear and present danger to other property or the public.
(3) If
repair or demolition is ordered, the board of adjustments and appeals
shall send a copy of the order by certified mail to the owner and
all persons having an interest in the property, including all identifiable
mortgagees and lienholders within a reasonable period of time after
the hearing. Within 10 days after the date that the order is issued,
the city shall:
(A) File a copy of the order in the office of the municipal secretary
or clerk; and
(B) Publish in a newspaper of general circulation in the municipality
in which the building is located a notice containing:
(i) The street address or legal description of the property;
(iii)
A brief statement indicating the results of the order (may be
a copy of the order); and
(iv)
If not provided in the notice, instructions stating where a
complete copy of the order may be obtained.
(4) If
repair or demolition is ordered and notice of public hearing was not
filed in the official public records of real property of the county,
the city may file and record a copy of the order in such records of
the county.
(5) If
the board of adjustments and appeals allows the owner or a person
with an interest in the dangerous building more than thirty (30) days
to repair, remove, or demolish the building, the board of adjustments
and appeals in its written order shall establish specific time schedules
for the commencement and performance of the work and shall require
the owner or person to secure the property in a reasonable manner
from unauthorized entry while the work is being performed. The securing
of the property shall be in a manner found to be acceptable by the
city code enforcement authority. Any required permits or approvals
shall be obtained prior to commencing the repair, removal, or demolition
of the building.
(6) The
board of adjustments and appeals may not allow the owner or person
with an interest in the dangerous building more than ninety (90) days
to repair, remove, or demolish the building or fully perform all work
required to comply with the written order unless the owner or person:
(A) Submits a detailed plan and time schedule for the work at the hearing;
and
(B) Establishes at the hearing that the work cannot reasonably be completed
within ninety (90) days because of the scope and complexity of the
work.
(7) If
the board of adjustments and appeals allows the owner or person with
an interest in the dangerous building more than ninety (90) days to
complete any part of the work required to repair, remove, or demolish
the building, the board of adjustments and appeals shall require the
owner or person to regularly submit progress reports to the board
of adjustments and appeals to demonstrate that the owner or person
has complied with the time schedules established for commencement
and performance of the work. The written order may require that the
owner or person with an interest in the building appear before the
city code enforcement authority to demonstrate compliance with the
time schedules.
(8) In
the event the owner or a person with an interest in a dangerous building
fails to comply with the order within the time specified therein,
the city may cause any occupants of the dangerous building to be relocated,
and may cause the dangerous building to be secured, removed, or demolished
at the city’s expense. 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 dangerous building
was located. The lien is extinguished if the property owner or a person
having an interest in the building 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 with the property is located. The notice of lien
must contain:
(A) The name and address of the owner of the dangerous building if that
information can be determined by a diligent effort;
(B) A legal description of the real property on which the building was
located;
(C) The amount of expenses incurred by the city; and
(9) Such
lien is a privileged lien subordinate only to tax liens and all previously
recorded bona fide mortgage liens attached to the real property.
(10) In addition to the authority set forth in subsection
(8) above, after the expiration of the time allotted in the order for the repair, removal, or demolition of a dangerous building, the city may repair the building at its expense and assess the expenses on the land on which the building stands or to which it is attached. The repairs contemplated by this section may only be accomplished to the extent necessary to bring the building into compliance with the minimum standards established by city ordinance, and to the extent such repairs do not exceed minimum housing standards. This section shall be applicable only to residential buildings with ten (10) or fewer dwelling units. The city shall follow the procedures set forth in subsection
(8) above for filing a lien on the property on which the building is located.
(Ordinance 2016-4-26B, sec. 4, adopted 4/26/16)
(a) Any
responsible party affected by a board of adjustments and appeals order
who desires to appeal the decision of the board of adjustments and
appeals or the findings set forth in the board of adjustments and
appeals order, must appeal the order of the board of adjustments and
appeals to city council in accordance with the following procedures:
(1) The responsible party shall file a written notice of appeal with
the board of appeals and the code enforcement authority within 30
calendar days of receiving the board of adjustments and appeals order.
(2) The notice of appeal must set forth and describe the factual and
legal grounds why the board of adjustment and appeals decision is
in error, wrong, or incorrect.
(3) The responsible party must request a public hearing before the city
council.
(4) The responsible party has the burden of proof of demonstrating at
a public hearing before city council that the board of adjustment
and appeals order is in error, wrong, or incorrect.
(5) City council shall only consider evidence that was available to the
board of adjustments and appeals at the time of the hearing before
the board of adjustments and appeals.
(6) The board of adjustments and appeals order shall be deemed final
and nonappealable if a responsible party fails to timely submit an
appeal in accordance with this section.
(b) In
conducting its review of a board of adjustments and appeals order,
the city council shall by ordinance either affirm the order or reverse
the order.
(c) If
the city council affirms the board of adjustments and appeals order,
the findings and decision set forth in the board of adjustments and
appeals order shall be deemed final and the city council’s ordinance
shall include the following:
(1) Findings of fact as to the specific conditions which make the building
or structure a dangerous building;
(2) If city council orders the demolition of the dangerous building,
the ordinance ordering the demolition of the dangerous building must
include:
(A) A finding that there is an immediate clear and present danger to
other property or the public; and
(B) The ordinance must specify that the demolition of the dangerous building
cannot occur earlier than 35 calendar days from the date of the city
council’s order affirming the board of adjustments and appeals.
(d) If
the city council reverses the board of adjustment and appeals order,
the city council shall set forth in factual findings in the ordinance
the grounds and reasons for the reversal.
(e) The
board of adjustments and appeals order shall be deemed final:
(1) In the absence of a timely filed appeal in accordance with the appeal
procedures established in this section; or
(2) Due to a failure of an appealing party to comply with the appeal
procedures set forth in this section.
(Ordinance 2016-4-26B, sec. 4, adopted 4/26/16)
If the responsible parties that have an interest in a building
or structure that is ordered to be repaired, rehabilitated, demolished,
or removed, fail to timely comply with such order, the city council
may:
(1) Authorize
the code enforcement authority to obtain the repair and/or securing
of the building or structure, and to file a lien against such property
for the cost and expense of such work;
(2) By
ordinance, assess a civil penalty of up to $1,000.00 per day against
the owners and persons having an interest in the property; and
(3) Authorize
and take such other action as contemplated by this article, or chapter
214, as is necessary or advisable in the judgment of the city council
to protect the public health, safety or welfare.
(Ordinance 2016-4-26B, sec. 4, adopted 4/26/16)
(a) Any
owner, lienholder, or mortgagee of record of property jointly or severally
aggrieved by an order of a city council issued under this article
and section 214.001 [of the Texas Local Government Code] may file
in district court a verified petition setting forth that the decision
is illegal, in whole or in part, and specifying the grounds of the
illegality. The petition must be filed by an owner, lienholder, or
mortgagee within 30 calendar days after the respective dates a copy
of the final decision of the municipality is personally delivered
to them, mailed to them by first class mail with certified return
receipt requested, or delivered to them by the United States Postal
Service using signature confirmation service, or such decision shall
become final as to each of them upon the expiration of each such 30
calendar day period.
(b) On
the filing of the petition, the court may issue a writ of certiorari
directed to the municipality to review the order of the municipality
and shall prescribe in the writ the time within which a return on
the writ must be made, which must be longer than 10 days, and served
on the relator or the relator’s attorney.
(c) The
city may not be required to return the original papers acted on by
it, but it is sufficient for the municipality to return certified
or sworn copies of the papers or of parts of the papers as may be
called for by the writ.
(d) The
return must concisely set forth other facts as may be pertinent and
material to show the grounds of the decision appealed from and shall
be verified.
(e) The
issuance of the writ does not stay proceedings on the decision appealed
from.
(f) Appeal
in the district court shall be limited to a hearing under the substantial
evidence rule. The court may reverse or affirm, in whole or in part,
or may modify the decision brought up for review.
(g) Costs
may not be allowed against the city.
(h) If
the decision of the municipality is affirmed or not substantially
reversed but only modified, the district court shall allow to the
city all attorney’s fees and other costs and expenses incurred
by it and shall enter a judgment for those items, which may be entered
against the property owners, lienholders, or mortgagees as well as
all persons subject to the proceedings before the city.
(Ordinance 2016-4-26B, sec. 4, adopted 4/26/16)
(a) If
the time allotted for the repair, removal or demolition of a building
under this article has expired, then the city council may, in addition
to the authority granted under chapter 214, Tex. Loc. Gov’t.
Code, and the foregoing sections of this article:
(1) Order the repair of the building at the city’s expense and
assess the expenses on the land on which the building stands or to
which it is attached;
(2) Assess a civil penalty of up to $1,000.00 per day against the responsible
party for failure to repair, remove, or demolish the building; or
(3) Authorize the city code enforcement authority to invite at least
two (2) or more building contractors to make estimates pertaining
to the needed repair, removal or demolition of a building. The code
enforcement authority shall cause to be made an assessment of expenses,
and may also recommend civil penalties, based on such estimates. The
code enforcement authority shall endeavor to minimize the expenses
of any building repairs, removal or demolitions order pursuant to
this article.
(b) The
city shall impose a lien against the land on which the building stands
or stood, unless it is a homestead as protected by the state constitution,
to secure the payment of the repair, removal, or demolition expenses
or the civil penalty. Promptly after the imposition of the lien, the
city shall file for record, in recordable form in the office of the
county clerk, a written notice of the imposition of the lien. The
notice shall contain a legal description of the land.
(c) The
city’s lien to secure the payment of a civil penalty or the
costs of repairs, removal, or demolition is inferior to any previously
recorded bona fide mortgage lien attached to the real property to
which the city’s lien attaches if the mortgage lien was filed
for record in the office of the county clerk before the date the civil
penalty is assessed or the repair, removal, or demolition is begun
by the city. The city’s lien is superior to all other previously
recorded judgment liens.
(d) Any
civil penalty or other assessment imposed under this section accrues
interest at the rate of 10 percent a year from the date of the assessment
until paid in full. The city may further file with the district clerk
a copy of an ordinance assessing a civil penalty pursuant to this
article.
(e) In
any judicial proceeding regarding enforcement of the city’s
rights under this section, the prevailing party is entitled to recover
reasonable attorney’s fees as otherwise provided by statute.
(f) A
lien acquired under this section by the city for repair expenses may
not be foreclosed if the property on which the repairs were made is
occupied as a residential homestead by a person 65 years of age or
older.
(Ordinance 2016-4-26B, sec. 4, adopted 4/26/16)
(a) The
owner of any dangerous building who shall fail to comply with any
notice or order to repair, secure, vacate or demolish said building
or structure, such notice or order given by the authority of the board
of adjustments and appeals, or the city council, shall be guilty of
a misdemeanor.
(b) An
occupant or lessee in possession of any dangerous building who fails
to comply with any notice or order to vacate such building and fails
to repair such building in accordance with an order given by the board
of adjustments and appeals shall be guilty of a misdemeanor.
(c) Any person removing the notice of a secured building as provided for in section
4.04.006(b)(4), or removing the posted notice described under in section
4.04.007, shall be guilty of a misdemeanor.
(d) The
violation of any provision of this article shall be unlawful and a
misdemeanor offense punishable by a fine of between $1.00 and $2,000.00
dollars. Each day a violation of this article continues shall constitute
a separate offense.
(Ordinance 2016-4-26B, sec. 4, adopted 4/26/16)
Any person who shall violate any of the provisions of this article,
or shall fail to comply therewith, or with any of the requirements
thereof, within the city limits shall be deemed guilty of an offense
and shall be liable for a fine not to exceed the sum of two thousand
dollars ($2,000.00). Each day the violation exists shall constitute
a separate offense. Such penalty shall be in addition to all the other
remedies provided herein. To the extent of any conflict between this
section and a penalty provision in the codes adopted herein, such
penalty provision shall be amended and this section shall control.
(Ordinance 2016-4-26B, sec. 4, adopted 4/26/16)
(a) No
building permit, certificate of occupancy, plumbing permit, electrical
permit, or utility tap shall be issued by the city for or with respect
to any lot, tract or parcel of land within the city limits, after
the effective date of this article, except in compliance with all
then applicable requirements of this article and the above codes.
(b) Whenever
any building work is being done contrary to the provisions of this
article, another controlling ordinance or statute governing the building,
the building official or code enforcement officer designated by the
city manager may order the work stopped by notice verbally or in writing
served on any persons engaged in the doing or causing such work to
be done and the city shall post a stop-work order on the property
adjacent to the posted building permit, and any such persons shall
forthwith stop such work until authorized by the building official
or code enforcement officer to proceed with the work. If no permit
has been issued, all work shall stop until a permit has been properly
issued and all errors corrected to the satisfaction of the building
official or code enforcement officer. The building official or code
enforcement officer may also issue a work correction order, which
shall be served upon any persons who are working on a certain aspect
of the construction project. The work on other aspects of the construction
not in violation of the city’s ordinances may proceed, but work
shall cease as to that aspect in violation of the city’s ordinances.
(c) This
article and any code or provision adopted by this article may be further
enforced by injunction and other judicial proceedings, either at law
or in equity; and, in lieu of or in addition to any other authorized
enforcement or action taken, any person who violates any term or provision
of this article, with respect to any land, building or development
within the city, by fine and penalties as provided herein.
(Ordinance 2016-4-26B, sec. 4, adopted 4/26/16)
This article applies to all special flood hazard areas within
the jurisdiction of the city.
(Ordinance 2024-0702-04 adopted 7/2/2024)
No structure or land shall be located, extended, converted,
or structurally altered without full compliance with the terms of
this article and other applicable regulations.
(Ordinance 2024-0702-04 adopted 7/2/2024)