HomeMy WebLinkAboutORD 1971-032 a ORDINANCE NO. 71-32
AN ORDINANCE PROVIDING FOR 1gIE VACATION,
REMOVAL, REPAIR OR DEMOLITION OF ANY
BUILDING OR STRUCTURE WHICH IS OR
THREATENS TO BECOME A PUBLIC NUISANCE,
DANGEROUS TO THE HF...�ALTH� MORALS, SAFETY
OR GENERAL WEL�ARE OF THE PEOPLE OF THE
CITY OF GRAPEVINE OR WHICH IS OR LIKELY
TO BECOME A FIRE HAZARD, AND FOR THE
ASSESSMENT OF THE COST OF VACATION, RE-
�"' MOVAL, REPAIR OR DEMOLITION AS A MUNICI-
PAL LIEN AGAINST THE PREMISES; AND THE
�� ENFORCEMENT OF SUCH LIEN IN A COURT OF
LAW; PROVIDING FOR AN ADMINISTRATIVE
APPEAL; PROVIDING A SAVINGS CLAUSE; PRO-
VIDING A PENALTY; AND DECLARING AN EMERGENCY.
WHEREAS, in the City of Grap evine, Texas, there exists
or may in the future exist, buildings or structures which are
dilapidated, unsafe, dangerous , unsanitary, a menace to the
health, morals, safety and general welfare of the people of
this City and which are likely to constitute a fire hazard,
and which are a public nuisance thereby creating a situation
that must be remedied.
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THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GRAPEVINE� TEXAS:
SEC�:IIQN I
DANGEROUS BUILDINGS - All buildings or structures of any
nature that are found to be dangerous structures or buildings
or dilapidated buildings or buildings calculated to increase
the fire hazard, that injure, hurt or harm individuals or
that may hurt or annoy the lands, tenements, hereditaments
of another or which endanger lif e or health or violate laws
of decency or obstruct the reasonable and comfortable use of
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property or are subversive of public order, decency or morals
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'� and which have any one or all of the following defects, shall
be deemed ��dangerous buildings.��
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(a� Those whose interior walls or other vertical
structural members 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.
(b) Those which, exclusive of the foundation, show
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thirty-three (33�� percent or more of damage or deterioration
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of the supporting member or members or fifty percent (50�) of
damage or deterioration of the non-supporting enclosing or
outside walls or covering.
. (c) Those which have improperly distributed loads upon
the floors or roofs or in which the same are over-loaded or
which have ins�fficient strength to be reasonably safe for
the purpose used.
(d) Those which have been damaged by fire, wind or
other causes so as to have become dangerous to life, safety,
morals or the general health and welfare of the occupants or
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the people of the City of Grapevine.
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(e) Those which have become or are so dilapidated, de-
cayed, unsafe, unsanitary or which utterly fail to provide
amenities essential to decent living that they are unfit for
human habitation or are likely to cause sickness or disease
so as to work injury to the health, morals, saf ety or general
welfare of those living therein.
(f) Those that have light, air and sanitation facilities
which are inadequate to protect the health, morals, safety or
general welfare of human beings wno live or may live therein.
�,,, (g) Those having inadequate facilities for egress in
� case of fire or panic or those having insufficient stairways,
elevators, fire escapes, or other m�ans of communications .
(h) Those which have parts thereof which are so attached
that they may fall and injure members of the public or property.
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(i) Those which, because of their condition, are un-
safe, unsanitary, or dangerous to the health, morals, safety
or general welfare of the people of this City.
(j) Those which have a foundation that is not so free
of holes, cracks , buckling, crumbling and defects as to
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support adequately the dwelling structure.
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(k) Those which do not have a floor, exterior wall and
roof that is so free of holes, cracks and loose, rotten,
warped or protruding boards as to protect the occupants of
the dwelling or dwelling unit reasonably from weather elements
and from dan ger of collapse.
(1) That which do not have interior walls and ceilings
that are so free of holes, cracks , loose plaster, loose and
boggy wallpaper, defective materials and structural deteriora-
tion as to reasonably serve their purpose and as to protect
the occupants of the structure from danger of collapse and
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of fire.
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(m� Those buildings existing in violation of any pro-
vision of' the Building Code of the City of Grap evine or any
provision of the City of Grapevine' s Fire Code or other
ordinances of the City of Grap evine.
SECTION II
STANDARDS FOR REPAIR, VACATION OR DEMOLITION. - The
following standards shall be followed in substance by the
Buitd;i_ng Inspector, Fire Marshal and the City Council, acting
in its capacity as Suilding Commission under the terms of
� this ordinance, in ordering repair, vacation or demolition:
' (a� If the +�dangerous building�� can reasonably be re-
paired so that it will not longer exist in violation of this
ordinance, it shall be ordered repaired.
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(b} If the x'dangerous building�� is in such a conditian
as to make it dangeraus to the health, safety, morals or
general welfaxe of its occupants, it shall be ordered to be
vacated.
(c� In any case where a ��dangerous buildin�" is sixty
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percent (60%) or more damaged, decayed or detera.ora�ed aErom
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its original value or staructure, it shall be demolished and
in all ca�es wk�ere a building cannot be repaireci sa tha� it
will no longer exist in violation o�' the terms of tk�is ordi-
nance, it shall be demolisheci. In a11 cases where a �Tdangerous
building" is a fire hazard existing ar erected in violation of
the terms of this ordinance or any ordinance of the Ci�y or
S�tatutes af the S�ate of Texas , a.t shall be demolished. In-
cluded in the term deznolished in thi.� ordinance is the clean-
ing o�' the property and removing all debxis and trash.
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SECTI4N III
�" DANGEROLIS BUILDZNGS. - AlI t'dangerous buildings" within
the terms of Section 1 af this Ozdinance are hereby decl.ared
to be public nuisances and shalZ be repaired, vacated or de-
molished as here�.nbefore and hexeinafter provided.
SECTIQN IV
DUTIES OF THE BUILDING TNSFECTC7R AND FIRE MARSHAL.
(a� Inspect or cause to be inspected, semi-annually,
all public buildings , schools, Yaalls , churckaes, theaters,
hatels, tenements or apaxtments , otkaer mu.lti-family residences,
� commercial manufacturing or lof� buildings for �he purpose of
�,,, dE?term,ining whettaer any conditians exis� which render such
places a ��dangercaus buildingt� within the term of Sectian I af
tk�is ordinance.
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{b} Inspect an� building, wa11 or structure about
w�ich compla�nts are filed by any person to the effect that
a building wa11 or structure is ar may be existing in viola-
tion of this ordinance.
(c� Inspect any buildzng, wall or structure reported
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�as �ereinafter provided for) by the Fire or Police Departments
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o� the City as prabably existing in violation o� the terms of
this ardinance.
{d� Notify in writing, by certified mail, the owner,
occupant, lessee, mortgagee, agent and all c�thex persons
having an interest in said building as s�own by the Ci�y' s
Tax Roll ar �he Deed Records of the County Clerk of Tarrant
or Dallas County, Texas, of any building found by them to be
a ��dangerous building�T wa.thin tk�e standards set forth in
Section 7. of this ordinance, stating that: (1) The owne r
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must vacate oz repair, or demolish said building in ac�ordance
� wi.th the terms of this notice and t�ais ordinance; (2� the
occupant or lessee mu.st vacate said building or may have it
repai�'ed a.n acco�'dance with �he notice and remaa.n in possession;
(3� �he mortgagep, agent or otk�er persons �aving an interest
in said building as shown by the Deed Records of tk�e County
C7.erk of the County of T�r_�ant ar Dallas, Texas, may at his
own ra.sk, repair, vacate, or demolish said building or have
su.ch work or act done, provided that any person notified under
�his subsection to repair, vacate or demalish any building
shall be given su.ch xeasonable t�.me, not exceeda.ng 60 days as
�» may be necessary to do ar have done, the work ar act requixed
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�, by the natice provided for herein.
(e) Setfor-�k� in the notice provided for in Subseetion
(d) hereof, a description of the bui�ing or structure deemed
u.nsa�e, a statement o.z` tk�e particulars which make the }auild-
ing oz s�ruc'ture a t�dangerous build�.ng" and an arder requir-
ing the same to be pu.t in su.ch condition as to comply with
the terms of this ordinance witk�in such length af time not
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exceeding sixty {60} day� as is reasonable.
(f} Repart ta the City Council in its capacity as
Buil��.�.ng Comma.ssian any non-compliance with the "no�Gice�'
pravided for in Subsection (d� and (e) hereof.
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(g} Appear at all heara.ngs conducted by the City
Council in i�� capacity as Builda.ng Commission and testify
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a� to the conditions of ��dangerous builda.ngs�'.
(h) Place a notice on all f�dangeraus building��' upon a
judicial detexmination, reading as follows:
"This buil��i.ng has been found to be a dangerous
bui'+.ding by the City of Grapevine Building Zn-
�pector and Fire Marshal. Tk�is no�ice is �o re-
main on this building unti]. it i.s repaired,
vacated or demolished in accordance wi�h the
notice wk�ich has been given the owner, ;�ccupant,
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lessee, mor�gagee, or agent of this buildi.ng,
and all other pexsons having an interest in said
building as shown by the Deed Recoxds a.n tk�e O�'fice
of the Cc�unty Clerk of Tarxant or Dallas County,
Texa�. Zt is unlaw�'ul to remove this notice until
such no�ice is compl.ied witk� .tt
SEC2IC}N V
DUTIES UF THE CITY COUNCIL ACTING IN ITS CAPAGITY
AS BUILDING COMMISSION. -
(a� Upan receipt of' a report of the Building Inspectar
and Fire Marshal as provi.ded foz in Section 4, Su.b-secta.an
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i, (f) hereaf, wratten notice by certified mail is ta be given
� to the owner, accuparat, mortgagee, lessee, agent and all
ather persons having an intex'est in said building as shown
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by the Deed Records of the County Clerk' s Office of Tarrant or
Dallas County, Texas, to appear before said Commission on a date
specified in the notice to show cause why the building or structure
reported to be a "dangerous building" should not be repaired,
vacated or demolished in accordance with the statement of particu-
lars set forth in the Building Inspector's and Fire Marshal' s
notice provided for herein Section 4, Subsection (e) .
(b) Hold a hearing and hear such testimony as the Building
Inspector and Fire Nlarshal and the owner, occupant, mortgagee,
lessee or any other person having an interest in said building
as shown by. the Deed Records of the County Clerk's Office of
Tarrant or llallas County, Texas, shall offer relative to the de�-
termination of the question of whether the building or structure
in question is a dangerous building.
(c) Make written finding of fact from the testimony offered,
pursuant to subsection (b) as to whether or not the building in
question is a "dangerous building�� within the terms of Section 1
hereof.
(d) Upon a determination that the building or structure
in question does constitute a "dangerous building�� within the
meaning of Section 1 hereof, to issue an order based upon find-
ings of facts made pursuant to subsection (c) commanding the
owner, occupant, mortgagee, less�e, agent and all other persons
having an interest in said building as shown by the Deed Records
of the County Clerk's Office of Tarrant or Dallas County, Texas,
to repair, vacate or demolish any building found to be a
��dangerous building�� within the terms of this ordinance.
(e) In the event the owner, occupant, mortgagee or lessee
�'"" fails to comply with the order provided for in subsection (d)
hereof within thirty (30) days, the Building Commission shall
report the fact of non-compliance to the Office of the City
Attorney; it shall be the duty of the City Attorney to file
an appropriate action for injunction in the District Court of
�' Tarrant or Dallas County to compel said owner, occupant,
mortgagee or lessee to abide by the Commissions order or take
whatever legal action the City Attorney deems expedient to
enforce the order.
(f) If at the expiration of thirty (30) days from a
final judicial determination that a building or structure is
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to be demolished and same has not been destroyed, it shall
be demolished at the expense of the owner thereof by the
City or its contractor. The materials of such building
shall be sold and the net cost of the demolition s�all be
charged to the owner, and, if any balance remains , it shall
be held for the owner or an y other parties entitled thereto.
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If the cost of the demolition exceeds the value of the
materials of such building, such excess shall be charged as
a lien upon the real property on which the building is
situated.
(g) It shall be the duty of the Office of the City
Attorney to file suit in a court of competent jurisdiction
in Tarrant or Dallas County to satisfy the lien acquired
pursuant to Section 5, Subsection (f) hereof which may be
accomplished in the original suit.
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SECTION VI
�` ABATEMENT OF BUILDINGS OR STRUCTURES CONSTITUTING
A CLEAR AND PRESENT MENACE TO THE PUBLIC SAFETY.
Notwithstanding all other provisions of this ordinance,
nothing herein shall be deemed a limitation on the duty of
the City of Grapevine to summarily order the demolition of
any building or structure where it is apparent that the
immediate demolition of such building or structure is
n�cessary to the preservation of life and property in the
City of Grapevine. •
�.. SECTI ON V I I
PENALTIES FOR VIOLATION. -
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A. The owner of any dangerous building who shall fail
to comply with any notice or order to repair, vacate or
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demolish said building, such notice or order given by the
authority of the Building Commission shall be guilty of a
misdemeanor and upon conviction thereof shall be fined not
exceeding TWO HUNDRED DOLLARS ($200.00) for each offense and
each day the violation continues shall constitute a new
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offense.
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B. The 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 build-
ing, given by authority of the Build ing Comm,ission, shall be
guilty of a misdemeanor and upon conviction thereof shall be
fined not exceeding TWO HUNDRED DOLLARS ($200.00) for each
offense and each day the violation continues shall constitute
a new offense.
C. Any person removing the notice provided for in
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Section 4, Subsection (h) hereof shall be guilty of a mis-
demeanor and upon conviction shall be fined not exceeding
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TWO HUNDRED DOLLARS ($200.00) for each offense.
SECTION VIII
WHERE dWNER ABSENT FROM CITY. - In cases, save those that
constitute a clear and present danger as defined in Section 6,
wh�re the owner , occupant, lessee or mortgagee is absent
from the City all notices or orders provided for herein shall
be sent by Certified Mail to the owner, occupant, mortgagee,
lessee an d all other persons having an interest in said build-
ing as shown by the Deed Records of the County Clerks Office
� of Tarrant or Dallas County, Texas , to the last known
� address of each and a copy of such notice shall be posted in
a conspicuous place on the building or structure in question.
Such mailing and posting shall be deemed sufficient notice
for the Build:�ng Commission to hold its hearing.
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SECTION IX
CATCHLINES. - The catchlines of the several sections
of this ordinance immediately following each section number
or subsection letter or number are intended as mere catch-
words to indicate the contents of the section or subsection
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; and shall not be deemed or taken to be titles of such
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sections, nor as any part of the section, nor, unless ex-
pressly so provided, shall they be so deemed when any of
such sections , including t�e catchlines are amended or re-
enacted.
SECTION X
SAVINGS CLAUSE. - It is hereby declared to k�� the in-
tention of the City Council of the City of Grapevine, that
the sections , paragraphs , sentences, clauses and phrases of
this Ordinance are severable and if any phrase, clause,
�"" sentence, paragraph or section of this Ordinance shall be
�'""' declared unconstitutional, such unconstitutionality or
invalidity shall not affect any of the remaining phrases,
clauses, sentences, paragraphs , or sections of this ordinance,
since the same would have been enacted by the City Council
without the incorporation in this ordinance of any such
unconstitutional or invalid phrase, clause, sentence, para-
graph or section. '
SECTION XI
EMERGENCY. - The fact that the present ordinances and
� regulations of the City of Grapevine are inadequate to
� properly control t'dangerous buildinqs" in the City of
Grapevine creates an emergency for the immediate preservation
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of the public business, property, health , safety and
general welfare of the public which requires that this
ordinance shall become effective from and after the date
of its passage as provided by the Charter of the City of
Grapevine.
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PASSED AND APPROVED by the City Council of the City of
Grapevine, Texas, this 19th day of OCt. , A.D. , 1971.
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M A Y O R
ATTEST:
�' f• � �.
� City Secretary
�"`� APPROVED AS TO FORM:
J � .
r' `
ty Attorney
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'�r'
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