The URL can be used to link to this page

Home My WebLink AboutORD 1987-063 C I TY OF GRAPEV I DTE, TEXAS ORDINANCE NO. 87-63 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING CHAPTER 7 OF THE GRAPEVINE CODE OF ORDINANCES BY AMENDING SECTION 7-21 RELATING TO STANDARDS FOR REPAIR, VACATION OR DEMOLITION OF DANGEROUS BUILDINGS; BY AMENDING SECTION 7-23 RELATING TO �.� INSPECTIONS, NOTICES AND REPORTS; BY AMENDING SECTION 7-24 RELATING TO SERVICE OF NOTICE WHERE OWNER IS ABSENT FROM THE CITY; BY AMENDING SECTION 7-25 RELATING TO HEARINGS AND ABATEMENT; BY AMENDING SECTION 7-27 REGARDING PENALTIES FOR VIOLATIONS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That Chapter 7 of the Grapevine City Code is hereby amended in the below described particulars and all other sections, subsections, paragraphs, sentences, words and phrases of Chapter 7 are not amended but are hereby ratified, verified and affirmed. Section 2 . Section 7-21 of the Grapevine City Code is hereby amended as follows : "Sec . 7-21 . Standards for repair, vacation or demolition. The following standards shall be � followed in substance by the building official, and the Building Board of Adjustment under the terms of this article, `��"'' in ordering repair, vacation or demolition: " Section 3 . Section 7-23 of the Grapevine City Code is hereby amended to read as follows : "Sec . 7-23 Inspections; notices and reports . (a) The building official or his designee shall inspect or cause to be inspected, semi-annually, all public buildings, schools, halls, churches, theaters, hotels, tenements or apartments, other multi-family residences, and commercial manufacturing or loft buildings, for the purpose of determining whether any conditions exist which render such places a dangerous building within the terms of section 7-20 . - (b) The building official or his designee shall inspect any building, wall or +�°" structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this article. (c) The building official or his designee shall inspect any building, wall or structure reported (as hereinafter provided for) by the fire department or police department as probably existing in violation of the terms of this article. (d) The building official or his designee shall notify in writing, by certified mail , return receipt requested, the owner, occupant, lessee, mortgagee, agent an all other persons having and interest in said building as shown by the city' s tax roll or the deed records of the county clerk, of any building found to be a dangerous building within the terms of section 7-20 , stating that : (1) The owner ,�,� must vacate, or repair, or demolish, said building in accordance with the terms of such notice and this article; (2) the occupant or lessee must vacate said building �� or may have it repaired in accordance with the notice and remain in possession; (3) the mortgagee, agent or other person having an interest in said building as shown by the deed records of the county clerk may at said person' s own risk, repair, vacate, or demolish said building or have such work or act done, provided that any person notified under this subsection to repair, vacate or demolish any building shall be given such reasonable time, not exceeding sixty (60) days as may be necessary to do or have done, the work or act required by the notice provided for herein. (e) The building official or' his designee shall set forth in the notice provided for in Subsection (d) hereof, a description of the building or structure deemed unsafe, a statement of the particulars which make the building or �- - structure a dangerous buildings and an order requiring the same to be put in such condition as to comply with the terms of �"`� this article within such length of time not exceeding sixty (60) days as is reasonable. (f) If the owner, occupant, lessee, mortgagee, agent or any other person with an interest in the building fails to comply with the order provided for in Subsection (e) hereof, the building official or his designee shall give notice of a public hearing before the Building Board of Adjustment to consider repair, vacation or demolition of the structure. Notice of the public hearing shall be sent to the owner , occupant, lessee, mortgagee, agent or any other person with an interest in the building and said notice shall be in writing, by certified mail , return receipt requested, at least 15 days prior to the date of the hearing. Notice of the public hearing shall be posted in accordance with law. � (g) The building official or his designee shall appear at all hearings conducted by the Building Board of Adjustment and testify as to the conditions of dangerous buildings . (h) The building official or his designee shall place a notice on all dangerous buildings within the City, - 2 - oisic pursuant to Subsection (d) above, which shall state as follows : 'This building has been found to be a dangerous building by the City of Grapevine Building Official . This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, � occupant, lessee, mortgagee or agent of this building and all other persons having an interest in said building as shown by the Deed Records in the Office �`�°" of County Clerk of Tarrant or Dallas County, Texas . It is unlawful to remove this notice until this building is in compliance with Article II , Chapter 7, - Grapevine City Code. "' Section 6 . That Section 7-24 of the Grapevine City Code is hereby amended to read as follows : _ "Sec . 7-24 . Service of notice where owner is absent from City. In cases, except those that constitute a clear and present danger as defined in section 7-26, where the owner , occupant, lessee, agent or mortgagee is absent from the City all notices or orders provided for herein shall be sent by certified mail , return receipt requested, to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said � 5 building as shown by city records or the deed records of the county clerk' s office, to the last known address of each and a copy "�"""" of such notice shall be posted in a conspicuous place on the building in question. Such mail'ing and posting shall be deemed sufficient notice for the Building Board of Adjustment to hold its hearing. " Section 7 . That Section 7-25 of the Grapevine City Code is hereby amended to read as follows : "Sec . 7-25 Hearing; abatement generally. (a) A public hearing shall be held by the Building Board of Adjustment who shall determine the issue of whether the building is dangerous and whether the building should be repaired, vacated or demolished. Written notice of the public hearing shall be sent by certified mail , return receipt requested to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building at least ten (10) �� days prior to the hearing. (b) The Board shall hear testimony from the building official or his designee, owner, occupant, mortgagee, lessee, agent or any person with an interest in the property and any other interested person on the issue of whether the building or structure in question is a dangerous building. - 3 - oisic (c) The Board shall make a written finding of fact from the testimony offered as to whether or not the building in question is a dangerous building within the terms of Section 7-20 . (d) Upon a determination by the Board that a building or structure constitutes a dangerous building it shall issue an order based upon its findings of fact and order �,;,� the owner , occupant, mortgagee, lessee, agent and all persons having an interest in the building to either repair, vacate or demolish said building. The order shall be �"" mailed to said persons by certified mail , return receipt requested. (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 Board shall report the act of noncompliance 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 the appropriate county to compel said owner , occupant, mortgagee, lessee, agent and any person having an interest in said property to abide by the Board' s order and to 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 �t determination that a building or structure is 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 shall be charged to the owner, and, if any balance remains, it shall be held for the owner or any other parties entitled thereto. 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 the appropriate county to satisfy the lien acquired pursuant to subsection (f) of this . section, which may be accomplished in the original suit . " Section 8 . Section 7-27 of the Grapevine City Code is - hereby amended to read as follows : "Sec . 7-27 . Penalties for violation. (a) The owner of any dangerous building who shall fail to comply with any notice to repair, vacate or demolish said building, such notice or order given by the authority of the Board of Building Adjustment, shall be guilty of a misdemeanor and upon conviction thereof shall be fined - 4 - oisic as provided in section 1-6 of this code for each offense, and each day the violation continues shall constitute a new offense. (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 building, given by authority of the Board of Building Adjustment, shall be guilty of misdemeanor and upon conviction thereof shall be fined as provided in section 1-6 of this code for each offense, and each day the violation continues shall �'�'" constitute a new offense. (c) Any person removing the notice provided for in section 7-23 , subsection (h) , shall be guilty of misdemeanor and upon conviction shall be fined as provided in section 1-6 of this Code for each offense. " Section 9 . If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect . Section 10 . The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and �= s general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general ��' welfare of the public which requires that this ordinance become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, this 6th day of October . 1987 • Mayor, City of Grapevine, Texas ATTEST: �� City Secretar � City of Grapevine, Texas ;�,, [SEAL] - 5 - oisic APPROVED AS TO FORM: �� City Attorney City of Grapevine, Texas �:;;,, �:wm � �.� - 6 - oisic