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Ord. 0519 08-11-86ORDINANCE NO. 519 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS ENACTING A NEW ARTICLE V. OF CHAPTER 7 (BUILDING) OF THE CODE OF ORDI- NANCES OF THE CITY, BY ADOPTING,THE SOUTHERN STANDARD UNSAFE BUILDING ABATEMENT CODE, 1985 EDITION, AND MAKING CERTAIN AMENDMENTS, MODI- FICATIONS, ADDITIONS AND DELETIONS THERETO; PROVIDING FOR CODIFICATION AT SECTIONS 7-61 AND 7-61.1 OF SAID ARTICLE WITHIN SAID CODE; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, it is deemed appropriate by the City Council of the City of Pearland to enact a remedial code providing certain procedures for the abatement and removal of substandard or unsafe buildings and structures which constitute a hazard to the health, safety and welfare of the citizens of the City of Pearland; and, WHEREAS, by virtue of Article 1175 (36), Vernon's Anno- tated Texas Civil Statutes, the City of Pearland, as a home -rule city,: has the authority to adopt an ordinance to require the re- pair or demolition of such buildings; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That there is hereby created within the Code of Ordinances of the City of Pearland, Texas a new Article V., to be entitled "Unsafe Building Abatement", for the purpose of es- tablishing minimum standards for the continued use and occupancy of buildings: and structures within the territorial limits of the City, and for the further purpose of the codification of such stan- dards within the City Code, within Chapter 7 (Building) of said Code of Ordinances. Section 2. That there is hereby created within said Article V. a new Section 7-61, which shall hereafter read as fol- lows: "Sec. 7-61. Adoption of regulations; conflicting provisions. For the purpose of requiring the repair or demolition of those buildings which are dilapidated, substandard, or unfit for human habitation and which constitute a hazard to the health, safety and welfare of the citizens of the City of Pearland, and for the purpose of establishing minimum standards for the continued use and occupancy of such structures, to apply to buildings regardless of when constructed, there is hereby adopted and incorporated herein by reference as the Unsafe Building Abatement Code of the City that certain unsafe buil- ding abatement code known as the Standard Unsafe Building Abatement Code, 1985 Edition, with revisions, recommended and published by the Southern Standard Building Code Congress International, which code is published in book form and which is referred to, incorporated herein and made a part hereof for all purposes, a true and correct copy of which code is filed of record in the office of the City Secretary. Provided, however, that in the event any conflict may arise between any provision of the unsafe building abatement code adopted by this article and any other applicable provisions of state law or City Ordinance, rule or regulation, the pro- visions of this Code of Ordinances, state law, or city rules and regulations shall be controlling." Section 3. That there is hereby created within said Article V. a new Section 7-61.1, which shall hereafter read as follows: "Sec. 7-61.1. Amendments, modifications, additions, deletions. The unsafe building abatement code adopted in section 7-61 hereof is hereby modified in the following respects: (a) 101.4.3. Chapter 1, Section 101.4, Subsection 101.4.3 of the Standard Unsafe Building Abatement Code, 1985 Edition, with revisions, shall be and the same is hereby expressly amended to read as follows: 101.4.3 Except as otherwise provided in the Building Code, if the occupancy classification of an existing building is changed, the building shall be made to conform to the intent of the Building Code for the new occupancy classification. (b) 105.1. Chapter 1, Section 105, Subsection 105.1 of the Standard Unsafe Building Abatement Code, 1985 Edition, with revisions, shall be and the same is hereby express- ly amended to read as follows: 105.1 - APPOINTMENT The Building Code Board of Adjustments and Appeals shall have the authority to provide for the final interpretation of the provisions of this Code and the application of such provisions to persons and property. (c) 105.2. Chapter 1, Section 105, Subsection 105.2 of the Standard Unsafe Building Abatement Code, 1985 Edition, with revisions, shall be and the same is hereby express- ly amended to read as follows: 105.2 - TERM OF OFFICE The terms of office for members of the Board shall be as provided in the Building Code. (d) 302.1.5. There is hereby added to Chapter 3, Section 302 of the Standard Unsafe Building Abatement Code, 1985 Edition, with revisions, a new Subsection 302.1.5, which shall hereafter read as follows: 302.1.5 Whenever the owner of record of the building or structure cannot be located or refuses service of notice provided for herein, the Building Official shall provide for publication of notice in the official newspaper of the City prior to final action being taken on the subject property. (e) 302.1.6. There is hereby added to Chapter 3, 302 of the Standard Unsafe Building Abatement Edition, with revisions, a new Subsection 302 shall hereafter read as follows: Section Code, 1985 1.6, which 302.1.6 Any person, firm or corporation which fails to respond to notice published in the official newspaper of the City as provided herein shall be deemed to have waived all right, title and interest to and in the subject property as regards action taken pursuant to this Code relative to such property. (f) 405. There is hereby added to Chapter 4 of the Standard Unsafe Building Abatement Code, 1985 Edition, with re- visions, a new Section 405, which shall hereafter read as follows: 405 - HEARING OPEN TO PUBLIC The hearing shall be open to the public, and notice of same shall be posted as required by law. (g) 501.1. Subsection 501.1 (Hearing Examiners) of Chapter 5, Section 501 of the Standard Unsafe Building Abate- ment Code, 1985 Edition, with revisions, is hereby ex- pressly deleted in its entirety. (h) 502.1. Chapter 5, Section 502, Subsection 502.1 of the Standard Unsafe Building Abatement Code, 1985 Edition, with revisions, shall be and the same is hereby express- ly amended to read as follows: 502.1 - FILING The Board may obtain the issuance and service of subpoenas for the attendance of witnesses or the production of evidence at. hearings. Subpoenas may be issued upon the request of any member of the Board or upon the written request of any party involved in the hearing. The issuance and service of subpoenas shall be accomplished as provided by law. (i) 503.2.3. Chapter 5, Section 503, Subsection 503.2.3 of the Standard Unsafe Building Abatement Code, 1985 Edition, with revisions, shall be and the same is hereby expressly amended to read as follows: 503.2.3 Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence. (j) 503.3. Chapter 5, Section 503, Subsection 503.3 of the Standard Unsafe Building Abatement Code, 1985 Edition, with revisions, shall be and the same is hereby express- ly amended to read as follows: 503.3 - INSPECTIONS The Board may inspect any building, structure or premise involved in the appeal during the course of the hearing, provided the following are com- plied with: 1. Notice of such inspection is given to prior to making the inspection; and, 2. The parties are allowed to be present inspection; and, the parties during the 3. The inspector states for the record, upon completion of the inspection, the facts observed and any conclusions drawn therefrom. (k) 504. Chapter 5, Section 504 of the Standard Unsafe Building Abatement Code, 1985 Edition, with revisions, shall be and the same is hereby expressly amended to read as follows: 504 - DECISION PROCEDURE Any member of the Board who did not hear the evi- dence presented or who has not read the entire record of the proceedings shall not vote or other- wise take part in the decision. (1) 504.2. Subsection 504.2 (Hearing Before Examiner) of Chapter 5, Section 504 of the Standard Unsafe Building Abatement Code, 1985 Edition, with revisions, including each and every subdivision of said Subsection 504.2, is hereby expressly deleted in its entirety. (m) 601.2.3. Subsection 601.2.3 of Chapter 6, Section 601 of the Standard Unsafe Building Abatement Code, 1985 Edition, with revisions, is hereby expressly deleted in its entirety. (n) 603. Chapter 6, Section 603 of the Standard Unsafe Building Abatement Code, 1985 Edition, with revisions, shall be and the same is hereby expressly amended to read as follows: 603 - INTERFERENCE It shall be unlawful for any person to obstruct, by force or by threat, the implementation of any action required by the final notice of the Building Official or the Board. (o) Chapter 7. Chapter 7 (Recovery of Cost of Repair or Demolition) of the Standard Unsafe Building Abatement Code, 1985 Edition, with revisions, is hereby expressly deleted in its entirety. (p) Penalties. Wherever in said Code a penalty is provided for the violation or failure to comply with the provisions thereof, such penalty shall be expressly deleted from said Code, and the penalty for violation or failure to comply with such provisions shall be as otherwise provided in the City Code of Ordinances. Section 4. Any person, firm or corporation who shall violate or fail to comply with the requirements or provisions of the Unsafe Building Abatement Code herein adopted shall be deemed guilty of a misdemeanor, and shall, upon conviction by a court of competent jurisdiction, be punished as provided in Section 1-11 of the Code of Ordinances of the City. Section 5. If any section, subsection, sentence,clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by a court of competent jurisdiction, such part shall be deemed a separate, distinct and in dependent provision and such holding shall not affect the validity of the remaining portions thereof. Section 6. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. Section 7. It is the intent of the City Council that the provisions of this Ordinances shall be codified as provided herein. Section 8. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City at least once within ten (10) days after its passage on second and final reading. This Ordinance shall thereafter become ef- fective ten (10) days from and after its publication, or the publica- tion of its caption and penalty, in the official city newspaper. PASSED AND APPROVED ON FIRST READING this the G2 ATTEST: / /,LOG+a�• Kay Krou4�e, City Secretary , 1986. ant, Mayor, City of Pearland, Texas PASSED AND APPROVED ON SECOND AND FINAL READING this the II day of ATTEST: Z rt Kay Krouse, City Secretary APPROVED AS TO FORM , 1986. Mayor, City of Pearland, Texas VOTING RECORD (FIRST READING) JULY 28, 1986 Voting "Aye" - Councilmember Roberts, Councilmember Frauenberger, Councilmember Bost and Councilmember Mack. Voting "No" - None. VOTING RECORD (SECOND READING) AUGUST 11, 1986 Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Frauenberger and Councilmember Mack. Voting "No" - None. PUBLICATION DATE: AUGUST 15, 1986 EFFECTIVE DATE: AUGUST 25, 1986 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS.