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HomeMy WebLinkAboutOrdinance No. 14_018 Amending the Code of Ordinances - Abatement of Public NuisancesORDINANCE NO. 141018 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY AMENDING SECTION 3.03.001 TO ADD SUBPARAGRAPH (d) TO ADOPT SUBCHAPTER C, CHAPTER 54, TEXAS LOCAL GOVERNMENT CODE, AND TO APPOINT THE BOARD OF ADJUSTMENT TO ACT AS A BUILDING AND STANDARDS COMMISSION UNDER THE PROVISIONS OF SAID SUBCHAPTER; AMENDING SECTION 3.03.002 TO PROVIDE PROCEDURES FOR ABATEMENT OF PUBLIC NUISANCES; AMENDING SECTION 3.03.003 TO PROVIDE FOR APPEALS FROM A DECISION OF THE BOARD OF ADJUSTMENT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Article 3.03 "Abatement of Dangerous Buildings and Premises" of the Code of Ordinances of the City of University Park, Texas, is hereby amended in part as follows: "ARTICLE 3.03 ABATEMENT OF DANGEROUS BUILDINGS AND PREMISES Sec. 3.03.001 Nuisances defined; abatement required; Building and Standards Commission appointed (d) The provisions of Subchapter C, Chapter 54, Texas Local Government Code, are hereby adopted for the City of University Park. The provisions of this Article shall be applied in accordance with the requirements of Subchapter C. The Zoning Board of Adjustment of the City of University Park is hereby appointed as the Building and Standards Commission for the City of University Park to hear and determine cases concerning alleged violations of this Article. The provisions of Section 54.033 of the Texas Local Government Code shall apply to the Zoning Board of Adjustment while sitting as a Building and Standards Commission under this Article. Sec. 3.03.002 Procedures (d) The Community Development Director may notify the Board of Adjustment of the complaint and the fact that the owner or occupant has failed, neglected or refused to comply with the notice from the Community Development Director. The Board may, after notice to the owner or occupant of such building, structure or premises, hold a public hearing and order the Community Development Director to proceed to carry out the work specified in such notice in order that such 66257 building or structure or premises may be repaired, rehabilitated, demolished or changed to comply with the terms of this Article. The Board shall set the time for such public hearing and give written notice by delivering such notice in person, by certified mail with 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 affected property, as shown by the records in the office of the Dallas County Clerk if the address of the lien holder can be ascertained from the Deed of Trust establishing the lien or other applicable instruments on file in the office of the County Clerk, and to all unknown owners, by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable. The notice must be posted and either personally delivered or mailed on or before the tenth day before the date of the hearing before the Board and must state the date , time, and place of the hearing. In addition, the notice must be published in a newspaper of general circulation in the City on one occasion on or before the tenth day before the date fixed for the hearing. The Board shall also file notice of the proceeding in the official public records of real property in Dallas County. Such notice must contain the name and address of the owner of the affected property, a legal description of the affected property, and a description of the proceeding. The filing of the notice is binding on subsequent grantees, lien holders, or other transferees of an interest in the property who acquire such interest after the filing of the notice and constitutes notice of the proceeding on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice. The City shall exercise due diligence to determine the identity and address of a property owner, lien holder, or registered agent to whom the City is required to give notice. Due diligence is established by search of the records listed in Section 54.035 of the Texas Local Government Code. If a notice is mailed and the notice is returned by the United States Postal Service marked as "refused" or "unclaimed", the validity of the notice is not affected, and the notice is considered delivered. (e) Upon a public hearing of the complaint, the Board may order the Community Development Director to proceed with the work specified in such notice or may grant additional time for the owner or occupant of such building, structure or premises to carry out the terms of such notice, or may render such other Order which may seem necessary and proper after a hearing thereon. The Board may order the repair, within a fixed period, of buildings found to be in violation of this Article; may declare a building substandard in accordance with the provisions of Subchapter C; may order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure the removal if it is determined that conditions exists on the property that constitute a violation of this Article, and order action to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist; may issue orders or directives to any peace officer of the State, including the Chief of Police or his designee, to enforce and carry out the lawful orders or directives of the Board; and may determine the amount and duration of a civil penalty to be imposed on the owner of the property. A majority vote of the members of the Board voting on a matter is necessary to take any action under this Article and under Subchapter C. The Order is enforceable in the same manner as provided m Sections 214.001(k), (m), (n), and (o), ofthe Texas Local Government Code . (f) If the owner or occupant of the building, structure or premises on which a complaint has been filed shall appear before the Board, no further notice or order of the Board made at such hearing shall be required to be furnished to the owner or occupant thereof. In the event the owner and/or occupant of said building or premises fails to appear at the public hearing before the Board, 66257 the Board may order the Community Development Director to comply with the work specified in the notice in order to bring the building, structure or premises into compliance with the terms of this Article, and levy the costs of such work as a tax against the premises, which shall be immediately due , and in that event a copy of the Order of the Board made at such hearing shall be delivered to the owner or occupant of said premises in person or. by a letter to the last known address by certified or registered mail , return receipt requested, and by publication of a copy of such Order, at least one time, in the publication designated as the official publication of the City. (g) Upon the expiration of 30 days after a ·copy of the Order of the Board has been delivered to the owner or occupant of said premises in person or sent by letter to his last known address by certified or registered mail and by publicatio11 of a copy of such Order as required above, the Community Development Director shall proceed to carry out the work called for by Order of the Board and the cost of such work shall be levied as a tax against the premises and the owner and/or occupant thereof, which shall be and become immediately due thereon. (h) In the event the owner or occupant of the premises shall fail or refuse to discharge the expense incurred and correct any violation of this Article within 30 days after receiving notice to pay such expense or within 30 days after such notice is published, the City may bring an action in any Court having jurisdiction to recover the expenses which were assessed against the owner or occupant of such premises by the Board. Sec. 3.03.003 Appeals Any owner, lien holder, or mortgagee of record jointly or severally aggrieved by any decision of the Board may present a petition to a district court, duly verified, setting forth that the decision is illegal , in whole or in part, and specifying the grounds of the illegality. The petition must be presented to the Court within 30 calendar days after the date a copy of the final decision of the Board is personally delivered, mailed by first class mail with certified return receipt requested, or delivered by the United States Postal Service using signature confirmation service, to all persons to whom notice is required to be sent. The Board shall 0eliver or mail that copy promptly after the decision becomes final. In addition, an abbreviated copy of the Order shall be published one time in a newspaper of general circulation in the City within ten calendar days after the date of the delivery or mailing of the copy as provided by this Section, including 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. On presentation of the petition, the court may allow a writ of certiorari directed to the Board to review the decision of the Board and shall prescribe in the writ the time, which may not be less than ten days, within which a return on the writ must be made and served on the relator or the relator's attorney. The Board may not be required to return the original papers acted on by it. It is sufficient for the Board to return certified or sworn copies of the papers or parts of the papers as may be called for by the writ. The return must concisely set forth other facts as may be pertinent and material to show the grounds for the decision appealed from and shall be verified. The district court's review shall be a de novo review. The court may reverse or affirm, in whole or in part, or may modify the decision of the Board brought up for review. Costs may not be allowed against the Board. If the decision of the Board 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 in defense of the Board's order and shall enter a judgment for those items, which may be entered against the property owners 66257 as well as all persons found to be in occupation of the property subject to the proceedings before the Board." SECTION 2. That all ordinances of the City of University Park m conflict with the provisions of this ordinance are hereby repealed. SECTION 3. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances, as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or a provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. Any person, violating any of the provisions of this ordinance or the Code of Ordinances as amended hereby shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day any such violation shall continue shall constitute a separate offense. Nothing herein contained shall prevent the City of University Park from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. s+ DULY PASSED by the City Council ofthe City ofUniversity Park, Texas, on this _f_ day of~2014. · APPROVED AS TO FORM: ~~~ APPROVED: OLIN LANE, J ., MAY ATTEST: CHRISTINE GREEN CITY SECRETARY 66257