HomeMy WebLinkAboutOrdinance - 2311-1957 - Amending The Lubbock City Code By Adding New Chapter (40) - 09/12/1957; .
. ?-1J 1 ~~ . ORDINANCE NO. 2'lll ~ ORDINANCE AME ING THE L BO CITY OODE BY ING _
THERETO A NEW CHAPTER TO BE DESIGNATED AS1CHAPTER 40, HOUSING
STANDARDS CODE11 DEFINING AND ESTABLISHING STANDARDS AND
PROCEDURES FOR REGUlATING AND CONTROLLING THE CONDITION AND
MAINTENANCE OF ALL DWELLINGS, IN RENDERING THEM SAFE, SANITARY
AND FIT FOR HUMAN HABITATION! PROVIDING FOR THE VACATION. RE-
MOVAL, REPAIR OR DEMOLITION OF ANY BUILDING OR DWELLING WHICH
IS OR THREATENS TO BE A PUBLIC NUISANCE OR DANGEROUS TO THE
HEALTH, MORALS~ SAFETY OR GENERAL WELFARE OF THE PEOPLE OF
THE CITY OF LUBBOCK, TEXAS~ OR WHICH MIGHT TEND TO CONSTITUTE
A FIRE MENACE1 ESTABLISHING A HOUSING STANDARDS COMMISSION AS
A FIVE (5) MEMEER BODY1 PROVIDING FOR INSPECTION AND ENFORCE-
MENT; PROVIDING PENALTIES FOR VIOLATIONS OF ANY OF THE PROVISIO
THEREOF; CONTAINING A VALIDITY AND SEVERABILITY CLAUSE; PROVID•
ING FOR THE EFFECTIVE DATE AND PUBLICATION OF THIS ORDINANCE.
' WHEREAS, in the City of Lubbock, Texas~ there are or may be in the
kiuture, dwellings, buildings or structures which are delapidated, unsafe,
\lcWangerous, insanitary, or a menace to the health, morals, safety and general
welfare of the people of this City, and which might tend to constitute a fire
~.nace or public nuisance; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
THAT the Lubbock City Code be amended by adding thereto a new
chapter which shall be designated Chapter 40, which shall read as follows:
nc.HAPTER 40 --
HOUSING STANDARDS CODE
This Ordinance shall be known as the Lubbock !!C?...~ in..s~.2!.L~-So~·
SECTION 40-.Z. DEFINITIONS. -......-...~---~----~
The following terms whenever used or referred to in this Ordinance shall
have the following respective meanings unless a different meaning clearly appears
ftom the context:
A. nHousing Standards Inspectoru shall mean any authorized person
employed by the City of Lubbock andcwsigned or designated by the
City Manager to carry out certain primary duties as set forth
in thb Ordinance.
B. ttPublic Authority" shall mean an officer in charge of any depart•
ment or branch of the Government of the City of Lubbock relating
to health, fire, housing, building regulations or other activities
concerning dwellings or buildings in the City of Lubbock.
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0. UOwnertt shall m.ean the holder of the title in fee simple aa recorded
in the D.eed Record, or De.od of T .ru•t Rec::9rda of the Qffiee of the
clerk of ~e County Cour~ of Lubbo~k County, Telt&IJ. .or any party
kn.Qwn to have an ownership intere•t.
D. "Parties. in lnterestK •hall mean all individuals .. associations and
corporations who have a.n in~ereat of record in a dwelling or
building 4)r any who are in posseasion hereof.
E. t«Dwelllngatt shall mean any building or structure or part thereof,
used for human habitation, or intended to be ~ed., ~;Lnd shall inc.lude
any outhou.e and a.ppurtenanee• belonging thereto or used customarily
therewith.
F. MButlding" shall mean any s~uc:t.ur·e or par~ thereof not a. dwelling
~ ,_))Qve defined.
G. ••Uninhabitable and .Dangerous .Dwelling or Building" shall mean any
dwelling o.r builcling or 1tru.Gtu.re whic:h baa any 'Or all of the defects
and deficlenaies &J liated und~r SEGTIO.N8 40-3 and 40•4 of this
Ordinance.
H. JtUnfit for Human Occ:upation" shall mean easentially the same as
the term -"Uninhabitable and Dang~rous .Dwelling or Building" as
defined above.
L ••Dwelling Unit" 11ball mean any room or group of rooms located
within a. dwelling or building and forming a .single habitable unit
us.ed or inf,ended 't9 be us.ed for hum.an occupancy.
J. -"Habita.ble. RoQm." •hall mean a room or enc:Ioaed flo~r space within
a dwelling used or intended~ be uaed for living, sleeping, cooking
.or eating pu.rpofJes. exeluding bathrooms, wa.ter cloaet c:ompartznents,
laundries, pantrlea,. foyerf:'~ or communicating corridors, cloaets,
and storage ~pacef.
K. "Heating Facilitie•"· alua.ll mean any stove. wall heater. central
heater, h9t water r•dia:t;o~., steam radiator, solar sy~Jtem, el~ctrical
radiant heater., electrical heat pump. or any other device capable
of $Afely conve%11ng fuel to heat energy, or of transferring hea~ from
one ambient t() another,.. and approved by Vnderwritert·a Laboratory,
American Qa,_ .AaJOc:iatton,. or other nationally recognized testing
laboratory.
L. «M.obHe Homes.'" s.hall mean any currently llcen,ed vehicle or •tructur
de~igned and capable of travel on the highwar-of the State of Texas.
Page Two
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SEGTION 40-3. CONDITIONS OR DEFECTS CONSTITUTING AN
•UNIN:HA'BITABLE AND .DANGEROUS bWELLiNG'oit J§ufi))ING'~: --.......... ~~~----..........................
Any Qr all of the following conditions or defects shall constitute an '1Unin-
bitable and Dangerou~ Dwelling or Building" and ~JUCh dwelling or building shall
e declared as unfit for human occupation and a violation of this Ordinance•
A. {1) All buildings, including dwellings or dwelling units, where,
on a vertical structural section designed as a gravity member
there occurs a lateral displacement which causes the resultant
pressure to fall beyond the middle third of the base of such
gravity member, it shall ca'U$e said section to be considered
unsafe and .subject to correction or demolition.
(2) All building:!!., including dwellings or dwelling units whose
walls, vertfcal structural members, or horizontal structural
members, other than gravity type walls, list, lean, or buckle
from their designed position, or show other visual signs of
deterioration to such a degree that. in the opinion of the
Housing Standards Inspector, an imminent hazard to the build•
ing, dwelling or dwelling unit or its/their occupants is present
shall cause said section to be considered unsafe and 8ubject to
correction or demolition.
B. All buildings* dwellings, or dwelling unit,s which exclusive of the
foundation, show thirty three-per centum (33%)~ or more, of damage
or deterioration of the .supporting member or members or fifty per
centum (50o/o) of damage or deterioration of the non-supporting enclos-
ing or outside walls or covering.
C. All buildings, dwellings or dwelling units which have improperly
distributed loads upon the floors or roofs or in which the same are
overloaded, or which have insufficient ,strength to be reasonable safe
for the purpose, as defined by Chapter 31 and 32 inclusive of the
Building Code of the City of Lubbock, Texas, as amended.
D. All buildings, dwellings or dwelling units which have been damaged
by fire, explosion, wind, vandalism or elements of Nature so as to
have become dangerous to life, safety, morals or the general health
and welfare of the occupants thereof or the people of the City of
Lub1>ock.
E. All buildings, dwellings or dwelling Wlits which have outside walls
which are not finished with a protective coating or covering sufficient
to protect $aid building, dwelling or dwelling unit from deterioration
and the actipn of the elements.
F. All buildings, dwellings or dwelling units which have become or are
so delapidated, or decayed. and unsafe, or insanitary, or which so
utterly fail to provide the amenities essential to decent living that
they are unfit for human habitation, or are likely to cause ~Jickness
Page Three
or di~ease. so a~ to work injury to the health, morals, safety or
general welfare of tho~e living therein.
G. All buildings, dwellings, or dwelling units having inadequate light,
air and IJanitation facilities, as, defined in Section 40-4, Subsections
A and C of thi~ Ordinance, to protect the health, morals, safety or
general welfare of human beings who live or may live therein.
H. All buildings, dwellings or dwelling units having inadequate facilities
for egress in case of fire or panic <;»r those having insufficient stair•
ways, elevators, fire escapes or other mealS of ingress or egress,
as defined in Section 4()-4, Subsection B of thi.s Ordinance.
L All buildings, dwellings or dwelling units which have parts thereof
which a.re so attached that they may fall and injure members of the
public or property.
J. All buildings, dwellings or dwelling units, which, because of their
condition are insanitary, or dangerous t9 the health, safety or
general welfare of the people of this City.
K. All buildings., dwellings or dwelling units existing in violation of any
provision of the Lubbock City Code or the general State of Texas
Sanitation Code of 1945, as amended. __.,_.. ____ 41111111t_.,. .
SECTION 40·4. MINIMUM STANDARDS. -------.
In order to eliminate the existence of and to prevent in the future all
nuninhabitable and Dangerous Dwellings or Building~u the following Minimum
Standards are hereby established and all the existing buildings, new construction
and future installations shall be in accordance with the applicable ordinance {s)
of the City of Lubbock regulating the same.
A. Basic Equinmen~ and Facilities. All dwelling units shall comply
With thefo oWing requrrements:
I.
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There shall be provided a kitchen sink, in all dwelling units
where cooking facilities. exist, which kitchen sink shall be
installed in compliance with the Lubbock City Code as. amended.
There s.hall be provided a flush water closet, a lavator~ basin
and a bathtub or shower, which flusli water closet, lava ory
ba$in and bathtub or' shower shall be installed in compliance
with the Lubbo-ek City Code, as amended·, and said flush water
closet, lavatory basin and bathtub or shower shall be enclosed
in a separate room to afford privacy to a person within said
room.
3. Every kitchen sink, lavatory basin and b'athtub or shower
required under the provisions of paragraphs 1 and 2 of Subsection
A of this section of this Ordinance shall be connected with both
hot .and cold water lines. --
Page Four
B.
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4. There shall be provided water heating equipment and facilities
of a minimum. ofltorage capacity of twenty (20) gallons for each
dwelling unit, which facilities are ins.talled in compliance with
the Lubbock City Code, as amended, and connected with water
lines a.s required under the pr()visions of paragraph 3 of this
subsection of this Ordina,nce and are capable of heating water to
such a temperature as to permit hot water to be drawn at every
required kitchen sink, lavatory basin and batlblb or shower at a
temperature of not les,s than 12.00 F. Such water heating facilities
shall be capable of meeting the requirements of this paragraph
regardless of whether or not the heating facilities of the build-
in'S, dwelling or dwelling unit are in operation.
In all buildings, dwellings or dwelling unib there shall be provided
:Jafe and unobstructed means of egress leading to safe and open
space at -ground level.
Lig~f. and Ventilation R?;uirements. All buildings, dwellings 9r
dwe 1ngUnits to be use for tfle .... p-urpose of human habitation or
rellidence, ~ball comply with the following requirements:
1. Every habitable room shall have at least one window or
skylight facing diTectly to the outdoors. The minimum total
window area, meast1red between stops, for every habitable
room shall be ten per centum {1 O%) of the flo<;>r area of such
rooxn. Whenever walls or other portions of structures face a
w'indow qf any such room and such light .. obstruction structures
are located less than three (3) feet from the window and extend
to a level above that of the ceiling of the room, such a window
shall not be deemed to face directly to the outdoors and shall
not be included as contributing to the required minimum total
window area. Whenever the only window in a room is s.ky-
light-type window in the top of such room, the total window area
of such skylight shall equal at least fifteen {15) per cent of the
total floor area of such room.
2. Every habitable room shall have .at,least one window or skylight,
which can be opened easily. or such other device as will adequat
ventilate the room. The total of ope~ble window area in every
habitable room .shall be equal to at least forty-five (45} per cent
of the-minttnwn window area si~e or minimun1 sky-light-type
window size, as required in paragra.ph I of Subsection C of
Section 40-4 of this Ordinance, except where there is supplied
some other device affording adequate ventilation and approved
by the Housing Standards Inspect9r.
3. Every bathroom and water closet compartment shall C()mply with
the light and ventilation requirements for habitable rooms
contained in pa.raQraphs 1 and 2 of Subsection C of SectiEm 40-4 of
thil!l Ordinance except that no window or skylight shall be required
Page Five
in adequately ventilated bathrooms and water closet compart~
ments equipp~d with a ventilation system which is ke}t in
operating condition and approved by the Houslng Standards
Inspector.
4. Every habitable room of each dwelling shall be wired for
electricity in compliance with the Electrical Code of the
City of Lubbock (being Ordinance 1568 of the City of Lubbock),
and every water closet compartm~nt, bathroom, laundry room,
furnace room, and public hall shall cc;>ntain at least one electric
light fixture controlled by a wall ~witch. Every S\lCh .outlet
and fixture shall be properly installed, shall be maintained in
good and safe working condition.
5. Every dwelling shall be supplied with effective protecti.on against.
the entry of flies, mosquitoes, other insects and rodents.
D. Heating Reguirement.s,. All buildings,dwellings or dwelling ud.ts
used for the purpose of human habitation and residence therein,
shall comply with the following requirements:
). Every dwelling shall have heating facilities in compliance
with the standards and regulations set forth in the Lubbock
City Code, which heating facilities shall be maintained in a
safe and good working condition, and are capable of safely
and adequately beating all habitable rooms, bathrooms, and
water closet compartm.ents in every dwelling unit located there-
in to a temperature of at least 70° F., at a distance three feet
above floor level, under ordinary minimum winter conditions.
E. Space Use an!f Location .Requirem.ents. All buildings, dwellings
anOd. dwe1Ii'ng ·units used for ihe purpose of human habitation and
re.ISidence therein shall comply with the following requirements:
1.. Every dwelling unit shall contain a.t least 2..50 square feet of
floor tipace of habitable room area for the first one and/ or
two occupant(s) thereof and at least 60 additional square feet
of habitable room area for every additional oc.cupant thereof.
For the purpose of computing habitable room area in this
su"Qaection, children under the age of one shall not be counted.
2.. In every dwelling unit of two or more r .ooms, every room
occupied for sleeping purpos4;!S by one occupant shall contain
at leaet 70 square feet of flo9r space, of habitable room area,
and every room occupied for sleeping purposes by two occupants
shall contain at least 30 additional square feet of habitable room
area, and every room occupied for sleeping purposes by more
than two (2) occupants shall c9ntain at least 2.0 additional square
feet of floor space of. habitable r .oom area for each additional
occupant thereof. For the purpose of computing habitable room.
area in this subsection, children under the age of one shall not
be counted.
Page Six
3. At lea.JJt one-hal£ of the floor area of every habitable room
shall have a ceiling height of at least. 7 feet; and the flo'l)r area
of that part of any room where the ceiling height is less than 5
feet shall not be considered aa part of the floor area in computing
the total flOQr area of the room for the purpose of determining the
maximum permissible occupancy thereof.
4. The requirements of Secti()n 40•4, Subsection E do not apply to
any hotel, motel, tourist court. where the occupant in question
bas a residence elsewhere, or does not occupy local quarters for
a period .of l9nger than 15. consecutive days. Neither do the
requirements of this subsection E, Section 40-4 apply to mobile
homes as that term has be~n defined herein.
The provisions of Section 40·4. Subsection E shall apply to the construction of
all buildings, dwellings and dwelling units within the city limits from and after
the effective date of this ordinance. The provisions of Section 40•4, Subsection E
shall apply to all existing buildings, dwellings and dwelling units from and after
the date of classification of any area as an enforcement area within which it is
determined by the City Commission at a public hearing that said designated area
requires, in addition to all other requir~ments of this ordinance., for the pre&erva•
tion of the public health and safety, the prevention of crime and the correction of
condition.s contributing to the cause of juvenile delinquency, and the reduction of
economic and social instability within the area so designated, that the provisions
of this subsection be enforced.
In the event any peT,Son or group of pe:r_~ons requests a determination of the
existence of such conditions for any area not so. designated, the City Commission,
under such rules and regulations as it may determine, shall set a date for a
public hea.ring and publish a notice thereof at least once at least three days prior
to the date of such public hearing, in a newspaper published in the City o£ Lub:pock
and determine at such hearing whether or not such area is an area in which the
conditions exist whiCh require the application and enforcement. of the standards,
provisions and restrictions set forth in this section. No such area shall be less
than five (5) acre trac~ including public streets and public owned property therein
and no more than 800 acres fo.r the consideration at any public hearing to be held
by the OommisJ~ion on any one date.
SECTION 40 .. 5. P~OOEDURE FO!i ~.fAIR.k VAqATIO~. OR D~OLITION
The fo).lowing procedures shall be followed in substance by the Housing
Standards. Inspector in ordering repair, vacation or demolition of said dwelling
or building:
A. If the "Uninhabitable and Dangerous Dwelling or Building" can
reasonably be repaired so that it will no longer exist in violation
of the terms of this Ordinance. it shall be ordered repaired.
Page Seven
B. If. the ttUninhabitable and Dangerous Dwelling or Building" is
fifty per centwn (50%) damaged or decayed, or deteriorated,
it shall be ordered demoli.Shed.
c. H the ttUninhabita.ble and Dangerous Dwelling or Building" cannot
be repaired so that it will no longer exi.St in violation of the terms
of thia Ordinance, it shall be ordered demolished.
D. H the uuninhabitable and Dangerous Dwelling or Buildi,ng" is a
fire hazard existing or erected in violation of the terms ()f this
Ordinanc.e or of any ordinance of this City or S~tute of the State
of Texas, it shall be demolished, provjding the said fire hazard
is not eliminated by the owner or other interest~d persons within
a rea,sonable time.
SECTION 40-6. UNINHABITABLE AND DANGEROUS DWELLING OR
B.UILDllm NUISA~. --------------.....,_ ~ -.,......,...
All Uninhabitable and Dangerous Dwellings or Buildings within the terms
of Sections 40-3 and 40-4 of this Ordinance are hereby declared to be public
nuisances, and shall be vacated and eitle:' repaired or demolished as hereinbef~re
or hereinafter provided.
SECTION 40-7. HOUSING STANDARDS COMMISSION • --~ ----~-......,._._...
A. MEMBERSHIP
There is hereby created and established a Commission to be
known as the Housing Standards Commission of the City of Lubb()ck,
which shall be composed of five members., each of whom shall be a
resident of the City of Lubbock.
B. APPOINTMENT AND SELECTION, ............ ,....__ .... _,....._...__
Such m.embers shall be appointed by the City Commission qf the
City of Lubbock in staggered terms of one member appointed for one
year, two .members .for two years, and two members for three years,
and shall serve until their respective successors shall have been duly
appointed and qualified, Members appointed by the Oi.ty Commisaion
sub~equent to the first appointment under this Ordinance shall be
appointed for a term of three years unless an appointt;nent is made to
fill out an unexpired term. Selection of membership shall. be made as
near as practical from ·persons qualified in one or more of the fields
of building construction, architecture, engineering, sanitation or
health.
At leaat ten days prior to the expirati_pn date of any term of the
Housing Standards Commission. or within ten days of the death,
resignation or removal of any member, his successor shall be named
and appointed by the City Commis-Sion of the City of Lubbock by means
of the adopting of a resolution naming such member, providing. however1
Page Eight
that should ihe City Commission of the City of Lubbock fail to act within ten
daya. .. such member except for reason of death shall continue as a member
of the Housing Standards Commission until an appointm·ent is made by the
City Commisaion of the City of Lubbock.
Any member of the Housing Standards Commission shall be eligible for
reappointment to s.aid commission.
The members of Commission shall elect one of themselves to serve as
Chairman of s-uch commisaion.
When any member of the Housin·gSiandards Commission has been absent
from the regular meeting of said Commission for more than three consecutive
times, 1:is office shall become vacant and the Chairman or acting Chairman
of this Commission shall certify such record of absence and vacancy to the
City Commission and the City Commission shall appoint a new member of said
Commission to fill such vacancy. Any member of said Commis•ion may be
removed at any time by a 'Inajority vo.te of the City Commission for inefficiency,
neglect of duty or malfeasance in office. ·
C. Powers.
Said Housing Standards Commiss.ion shall have the power, and it i s
hereby authorized, to· hear any person, persons, firm, partnership or corpora-
tion which may appeal the decision of the Housing Standards ~pector with
respect to the vacation order and orde.r to either repair or demolish any dwell-
ing, dwellings.,. building, buildings. walls or stract.ures which may have been
found by said Housing Standards Inspector to be an "Uninhabitable and Dangerous
Dwelling or Building" under the provisions of Sections 40 .. 3 and 40-4 of this
Ordinance. Such appeal shall be made by written statement to the Co~is•ion
within five days after the final written decision from the Housing Standards
Inspector,, as provided in this Ordinance~ and after notice of hearing, as provide
in this Ordinance~ .aaid Commission shall render a decision as to whether or
not such dwelling, dwellings, building, buildings, walls or structures are
uninhabitable and dangerous dwelling or ba.ittlng. Said Commission is given
the power to make rules and regulations governing the conduct of such hearing.
If the decision of the Housing Standards Inspector is based on struc~ral
defects, then any owner who has perfected. ita or his appeal from the decision
of the Housing Standards Inspector to the Housing Standards Commis•ion shall
have the right to request an inspection of said building or dwell~ng by a com•
mittee consisting of three registered technicians in the construction industry,
one member to be appointed by the City Manager of the City of Lubbock, one
by the appellant and one appointed by the other two members.. The Housing
Standards Commission shall accept a written report of such committe~, executed
by 4lll three members thereof over their respective seals, if any, as expert
testimony without the necessity of Jaid three m~mbers of the Committee being
present at the hearing before the Housing Standards Commis.sion.
Page Nine
D. PROCEDURES OF HEARING. ..... .....,_ ----.-
Upon reeeipt of a report of the Housing Sta.ndard.s Inspector, the
Housing Standards Commission shall give a written notice, sent via
registered mail or certified mail to the owner, occupant, mortgagee,
and all other persons having an interest in said dwellitttg or building
as shown by the Deed Records and Deed of Trust Records of Lubbock
County, Texas, and any other parties known to have an ownership
intere'St to appear before it on the date specified in :the notice to show
cause why the building, dwelling or structure reported to be an ••t)lin-
habitable and Dangerous Dwelling or Buildingtf should not be vacated,
repaired, or demolia.hed in accordance with the statement of particulars
set forth in the Housing Standards Inspectorrs notice.
On such date, the Housing Sta.ndard11 Commisaion shall hold a hearing
to bear testimony regarding whether or not the structure under considera•
tion is an 1'1Uninhabitable and Dangerous Dwelling or Building". At the
conclusion of such hearing, the Housing Standards Commissien sball
m.ake written findings of fact as to whether or not the structure in questi-on
is an "Uninhabitable and Dangerous Building or Dwelling'\ within the term
of Sections 40-3 and 40 .. 4 of this Ordinance. Such written findings of fact
shall be made and concurred in by a. majority vote of such Commisliion.
Upon making a determination that such structure is an "Uninhabitable
and Dangerous Dwelling or Building", the ,Housing Standards Commission
shall issue a request to the City Attorneyfs Office of the City of Lubbock
to institute suit, within 30 day11 after determination and failure by the
appellant, to comply with such decision, in the District Court of Lubbock
County to show that such structure is a nuisance and a hazard and thereby
enforce the action taken by the Housing Standards Oommis.,ion.
Upon final judgment by the District Cour.t of Lubbock County tbat such
structure is a nuisance, and on failure of such owne~ to, take. st-ep.s. to _
i:etn:edf aame, · wi~n Wrty (30) days after rend-ering such final judgment,
then the City of Lubbock is authorized to proceed with the neces5ary repai~
vacating or demolishing of such structure, and the costs of such repair,
vacation or demolition shall be a lien charged against the land on which
said structure existed, in favor of the City of Lubbock.
SECTION 40-8. INSPECTION OF BUilDINGS, DWELLINGS,
DWELLING UNITS AND PREM"Sm:------~-
_....___..~ ._,...._ -
The Housing Standards Inspector is hereby authorized and directed to make
inspections to determine the condition of buildings, dwellings, dwelling units, and
premises located within the City of Lubbock, Texas, in order that he may perform
his duty of safe guarding the •afety, health and welfare of the occupants and of the
general public. For the purpose of making such inspections the H0 using Standards
Inspector is hereby authorized to enter, examine, and survey at aH reasonable
times all buildings. dwellings, dwelling units and premises. The owner or
oc<:upant of every building, dwelling and dwelling unit or the person in charge
thereof, shall give the Housing Standards In:spe.ctor and/or his assistants free
access to such building" dwelling or dwelling unit and its premt.ses, at all reason-
able times for the purpose of such inspection. exami nation and survey. Every
Page Ten
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occupant of a building, dwelling or dwelling unit shall give the owner thereof or
his agent or employee access to any part of such building, dwelling or dwelling
unit, or its prexniaes at all reasonable times for the purpose of tnaking repairs
or alterations or for such other purposes as are necessary to effect compliance
with the provisions of this Ordinance.
shall:
SECTION 40-9. DUTIES OF HOUSING STANDARDS INSPECTOR. ~ _....._ _...._._.
The Housing Standards Inspector and/or his authorizetd representative
A. ~pect ur c.ause to be inspected annually, all public buildings,
schools, halls, churches, theaters, hotels, tenements. commercial,
manufacturing or loft buildings for the purpose of determining
whether .any conditions exist which render such places .an "Unin-
habitable and Dangerous Dwelling or Building11 within the terms of
Sections 40•3 and 40•4 of this Ordinance.
B. Inspect any building, dwelling, dwelling unit, wall or .other part
thereof about which complaints are filed by any person or any -City
Department, Division or Section to the effect that a building, dwelling,
dwelling unit, wall or part thereof i~. ·Or may be, existing in violation
of this. Ordinance.
c. Inspect annually buildings, dwellings and dwelling units in all parts of
this City tQ determine whdher they are "Uninhabitable and Dangerous.
Dwellings or Buildings11 within the terms of SECTIONS 40•3 and 40-"
of this Ordinance.
D. Place a notice on an "Uninhabitable and Dangerous Dwelling or Build-
ing" reading as follows:
"This building has been found to be an' UNINHABITABLE AND
DANGEROUS STRUCTURE' by the Hou.sing Standards Inspector. Thi.s
notice is to remain on the structure until it is repaired ()r demolished
in accordance with the notice dated which
has been mailed to ~owner, occupaiiror-mortgagee of th'TS'b'uilding,
and all other persons having an interest in said building or property
u shown by the. Deed Records. and Deed of Trust Records of Lubbock,
Texas. It f..s a violation of this Ordinance for anyone to remove this
notice until such notice is complied with.
Signed
P.rovided that where dwelling is occupied, written notice ,shall be
given to. the occupant (.s) thereof,. ten (10) days prior to the actual
posting of this uninhabitable and dangerous dwelling notice.
Page Eleven
E. Appear at all hearings conducted gy the Housing Standards Commission
and testify as to the cc;mdition of the "Uninbabita.ble and Dangerous
Dwelling or Buildings".
F. Report to the Housing Standard~) Commission any non-compliance
with the "noticen provided for in SECTION 40-10 of this Ordinance.
SECTION 40•10. NOTICE BY HOUSING STANDARDS INSPECTOR OR
HOUSING STANDAR15l; <2>MMJA'Si6N~ I ----• -• -~
_..... ....., -------
Notice by the Housing Standards Inspector or the Housing Standards
Com.-nis~Jion must be in writing and shall be via registered or certified mail
to the owner, occupant or mt:>rtgagee, and all other persons having an intere~Jt
in the said building or property as shown by the Deed or Deed of Trust Records
of Lubbock County, Texas, of any structure found by the Housing Standards
.Inspector or said Housing Standards Commiss.ion to be an "Uninhabitable and
Dangerous Dwelling or Building'·• within the standards set forth in SECTIONS 40•3
and 40-4 of this Ordinance, and the said notice shall set forth the following
information:
A. Name of owner or other persons interested, as provided hereinabove,.
B. Street address and legal description of the property on which said
building is located ..
c. General description of type of dwelling; building, wall or structure
deemed unsafe.
D. A complete, itemized statem·ent or list of particulars which caused
the dwelling, building, wali or structure to be an "Uninhabitable and
Dangerous Dwelling or Building•• as defined in SECTIONS 40-3 and 40-4
hereinabQve.
E. Whether or not said dwelling or building should be vacated by its
occupants and the date •uch, v•cation shall be effective.
F. Whether or not the conditions set forth in the statement or list of
particulars. as provided for in Paragraph D above, c~n be eliminated
or otherwise complied with.
G. Whether or not the ~aid dwelling or building constitutes a fire menace.
H. Whether or not it is. unreasonable to repair t12said dwelling or building
or otherwise comply with the terms of this ordinance and whether or
not said dwelling or building should be demolished.
I. A sta.tem·ent of .the time considered reasonable for party receiving
notice to commence to make repairs or otherwise comply and/ or
demolish the dwelling or building as provided in said notice. A
reasonable time shall not exceed th1rty (3'0) days, except in cases of an
unusually large building. The tilne to commence ma.y be extended by
the Housing Standards Inspector or said Housing Standards Commis~ion
for an additional period of up to sixty (60) days, provided. however,
Page Twelve
the extension is applied for by the owner, or other person interested in the
property as hereinabove defined, at least five (5) days before the expiration
of the time to commence repair or dem.olition under the said notice.
J. A reasonable time to complete the repair or demolition or otherwise
comply ~s provided in said notice, and said reasQnable time for
a.>mpletion ,;hall not exceed ninety (90) days from date of notice
unless the tim·~ is extended by resolution of the Housing Standards
CoiD:misaion of the City of Lubbock.
SEC'IaON ... 4.0~ll.:..-DUTIES OF HOtBING STANDAB,DS COMMISSION. _.._. ........... -~---. ._........-....,......-._....,~........ .---. --~--
The Housing Standards Commission shall:
A. Upon receipt of a report of the Housing Standards Inspector, as
provided for in Section 40-9, Subsecti.on F hereof, give a written
notice, sent via registered mail or certified mail to the owner,.
accupant, mortgagee, and all other persons having an interest
in said dwelling or building as shown by the Deed or Deed of Trust
Records of Lub~ock County, Texas, to appear before it on the date
specified in the notice to ,;how cause why the building, dwelling or
structure reported to be an "Uninhabitable and Dangerous Dwelling or
Building" should not b~ vaca~ed and either repaired or demolished
in accordance with the statement of partic.ulars set forth in the Housin
Standards Inspector's notice provided for herein in SECTION 40-10.
B: H0ld a hearing open to the public to hear such testimony as may be
presented by any Department of the City of Lubbock. the Housing
Standards Inspector or the owner, occupant, mortgagee, or any other
person having an interest in said dwelling or building with relation
to the "Uninhabitable and Dangerous Dwelling or Building''•
o. Make written findings of fact from the testimony offered pursua.nt
io Subsection B above as to whether or not.the dwelling or building
in question is an ,.Uninhabitable and Dangerous Dwelling or Building"
within the term~ of SECTIONS 40-3 and 40-4 of this Ordinance by a
concurring vote of not less than three members of said Com.mission.
D. After deliberation of the fi~dings, issue an order based upon findings
of fact made pursuant to subsection C above and signed by the Chair-
man of said Commission, or acting C.hairman, commanding the
owner, occupant, mortgagee, and all other persons having an interest
in said dwelling or building, as shown by the Deed Records or Deed
of Trust Records of Lubbock County, 'l'exas,. to vacate and either
repair, or otherwise comply and/ or demolish. any dwelling or buil:ling
found to be an "Uninhabitable and Dangerous Dwelling or Building"
within the terms of this Ordinance.
E. J! the owner, occupant, mortgagee, or other person having an interest.
in said dwelling or building fails to c0mply with the order provided
for in Subsection D above, within ten (10) days, or any reasonable
time ordered by said Commission, then said Commission shall cause
such d-yvelling, building .or structure to be repaired c;>r demolished
Page Thirteen
I ,.
as the facts may warrant under the procedures hereinabove provided
in SECTION 40-5 of this Ordinance, and the costs of su.ch repair or
demolition shall be a: lien charged aga~nst the land, on which said
dwelling, building or structure existed, in favor of the City of Lubbock
or such costs shall be attached to the tax statement as an assessment
lien against the land on which the dwelling, building or structure
stands, or did stand, or shall be recovered in a suit at law or equity
against the owner; provided, however, that in cases where such proced-
ure is desirable, and any delay thereby caused will not be dangerous
to the health. morals, safety or general welfare of the people of this
City, said Commission shall notify the City Attorney to take legal
action to force the owner to vacate and either make all necessary repair
or demolish the building Qr structure.
F. Report to the City Attorney the names of all persons not complying
with the order provided for in SECTION 40•11, Subsection D, hereof.
SECTION 4.0-lZ. .DUTIES OF THE CITY ATTORNEY. __.....,...._........_______ _.........,._ __..,.. aaq --~~
The Oity Attorney shall!
A. {1) Take ~he necessary legal action as ;provided in SECTION 40-7,
Subsection D:t hereof.
(z) Prosecute all persons failing to comply with the t.erms. of the
notices provided for herein in SECTION 40-10 and the order provide
fQr herein ;n SECTION 40-11, Subsection D, as m.:;,dified by
SECTION 40 .. 7, Subsection D, hereof.
B. Appear a.t all hearings before the Housing Standards Commission in
regard to nuninha.bitable and Dangerous Dwellings or BuiHings11 •
0. Bring suit to collect .costs. incurred by the Co.mmission in repairing
-or causing to be vacated or demolished said "Uninhabitable and
Dangerous Dwellings or Building~"·
SECTION 40~13. DUTIES 6F THE FIRE.& POUCE AND HEALTH DEPARTMENXB.'"-.-... . ' . I __ _,._
-......,---~~~
T he employees of the Fire and Police Divisions and Health Departm·ent
shall make a report, in writing,. to the Housing Standards Inspector of all dwell-
ings, buildings or structu.res, which are, may be, or are suspected to be
"Uninhabitable and Dangerous Dwellings or Buildings" within the purview of
this Ordinance. Such reports must be delivered to the Housing Standards Inspector
within twenty-four X2.4) hours of the discovery of such dwelling, building or
structure by a:ny employee of the Fire, or Police ,Divisions or Health Department.
SECTION 40-14. EMERGENCY CASES •
.-.. • ~--· ? ,_ ........ ·• -
In cases wh~re it reasonably appears that there is immediate danger tQ the
life or safety of any person unless an "Uninhabitable and Dangerous Dwelling or
Building" as defined herein is immediately repaired, vacated or demolished, the
Housing Standards Inspe~;tor shall report .such facts to the Commis~Jion and the said
Page Fourteen _
I
Commis~Jion shall cause the immediate repair, vacation or demolition of ~Such
ttUninbabitable and Dangerous Dwelling or Building". The costs of such emergency
repair, vacation, demolition or other compliance of such ••.Uninhabitable and
Dangerous Dwelling or Building·" shall be collected in the same manner as provided
in all other cas~s under the terms of this Ordinance.
SECTION 40 ... 15. WHERE OWNER ABSENT FROM THE CITY. _,._,. ----.....--~
In cases, except emergency cases, where the owner, occupan4 lessee or
mortgagee, or other interested party, is absent. from the City, all notices or
orders provided for herein shall be sent via registered mail or cer'tified mail,
to the owner, occupant, mortgagee, lessee and all other persQns having an interest
in said dwelling or building, as described by the Deed Records and Deed of Trust
Records of LubbQck County, Texas, to the last known address of each and a copy
of .such notice shall be posted in a conspicuous place on the ttUninha.bita'ble and
Dangerous Dwelling or Building" to which it relates. Such mailing and posting
shall be deemed adequate service.
SECTION 40-16. ADMINISTRATIVE LIABILITY • ..... _..._.. ----....--.~------~
No .officer, agent or employee of the City of Lub~ock shall render himself
personally liable for any damage that may accrue to persons or property as a
result. of any act required or permitted in the discharge of his duties under this
Ordinance. Any suit brought against any officer, agent or employee of the City
of Lub~ock, as a result ef any act required or permitted in the discharge .of his
duties under this Ordinance, shall be defended by the C.ity Attorney until the final
determination of the proce~dings therein.
SECTION 40•17. PENALTIES.
4W.__ ---.---.-~-
Any person, parties in interest, or corporation who shall violate any of the
provisio-ns of this Ordinance or fail to camply therewith or with any of the require•
ments there of shall be subject U, a misdemeanor prosecution and upon conviction
!1 fine of not less than Five Dollars ($5. 00) nor more than Two Hundred Dollars
($ZOO. 00) shall be imposed, and each day that such violation shall be permitted
to exist or continue shall constitute a separate (()ffense. In the event a corporation
is the violator .of any of the provisions of this Ordinance, each officer, agent
and/ or employee of su.ch corporation who is responsible for or contributes to
such violation in any manner shall be individually and severally liable for the
penalties herein prescribed. Where any person, firm or corporation is acting
solely as agent for the party in ownership, no penalties under this section shall
be assessed against said agent, as such.
SECTION 40-18, INTERPRETATION AND CONFLICT. ~ ' ... .. ---t ------.............
In interpreting and applying the provisions of this Ordinance, they shall be
held to be the minimum requirements for the promotion of the public safety, health,
convenience, comfort, morals, prosperity and general welfare.
Wherever in this Ordinance there may be restrictions or provisions. which
ight conflict, the more restrictive restrictions or provisions shall apply.
Page Fifteen
SECTION 40-19. REPEAL.
---·~-----._....... -------
That all Ordinances or parts of Ordinances of the City of Lubbock, Texas,
in conflict with this Ordinance are hereby repealed, but only to the extent. of
such conflict.
If for any reason any section, paragraph, subsection, clause, phrase or
provision, of this Ordinance shall be adjudged or declared to be invalid or held
to be unconstitutional, the same shall not affect the validity of this Ordinance
as a whole or any part or provision thereof other than the part so decided to
be invalid or unconstitutional.
SECTION 40 ... zl. PUBLICATION. _,._,..... ' ~ ...... .-.. ............... __ ...... .,.......
The City Secretary is hereby authorized and directed to cause the publica•
tion of the descriptive caption of this Ordinance tQgether with the penalties as
set out in Sec. 40•17 o.f this Ordinance, as an alternative method of publication
provided by Chapter 10, Page llZ, Acts 1939 of the 46th Legislature as amended
by Chapter Z64, Page 463, Acts 1947 of the 50th Legislature, and this Ordinance
shall take effect from and after its passage and publication. u
AND IT IS SO ORDERED.
Passed by the City Commi ssion on first reading this 12 day
of September , 1957. oJP :P:V~i~iy9~y~his_~
S:S. FditREST,-JR.,Mayor
ATTEST:
r.Avenia Lowe, cltyTecretary-Treasurer __ _
JWF:gb
ORDINANCE
# d3ll
FIRST READING
ONLY
NO FINAL
PASSAGE