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HomeMy WebLinkAboutOrdinance - 6846-1974 - Repealing Present Chapter 15A. Adopting The 1973 Uniform Housing Code - 02/28/1974ORDINANCE NO. 6846 AN ORDINANCE REPEALING THE PRESENT CHAPTER 15A OF THE CODE 0 ORDINANCES. CITY OF LUBBOCK, TEXAS (BEING THE HOUSING STANDARDS CODE); PROVIDING FOR A NEW CHAPTER 15A ADOPTING THE ll113 EDITION 0 THE UNIFORM HOUSING CODE; PROVIDING FOR AMENDMENTS TO SUCH EDITION; PROVIDING A sAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHER~S, the City Council of the City of Lubbock has found that the present Housing Standards Code of the City of Lubbock has become obsolete and inadequat and WHEREAS, the City Council has determined that the 1973 Edition of the Unifor Housing Code, with amendments as shown herein, should be adopted; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the present Chapter 15A of the Code of Ordinances, City o Lubbock,. Texas, BE and is hereby repealed. SECTION 2. THAT Chapter 15A of the Code of Ordinances, City of Lubbock, Texas shall hencefc rth read as follows: CHAPTER 15A HOUSING STANDARDS CODE Section 15A-1. Uniform Housing Code, 1973 Edition-Adopted. The 1973 Edition of the Uniform Housing Code, as copyrighted in 1973 by the International Conference of Building Officials, Whittier, California, as here inafter amended, is specifically adopted as the Housing Standards Code of the City of Lubbock, Texas, and a copy is attached hereto and incorporated herein by reference as though set out completely in detail. A copy of this Uniform Housing Code shall be filed with the City Secretary and a copy main tained in the office of the Housing Standards Administrator of the City of Lubbock, Texas, all such copies to be open t<D public inspection during busi- ness hours of the offices where they are maintained with the following amen ments thereto: (a) The administration and enforcement of this Housing Standards Code shall be the responsibility of the Housing Standards Administrator as he ma be directed by this Code and any amendments thereto# the City Manager, th Director of Planning, and the Housing Standards Commission. (b) Whenever reference is made in this Uniform Housing Code to the "Build- ing Official" such reference shall hereafter be to the Housing Standards Administrator. (c) Whenever reference is made in this Uniform Housing Code to the ''Housing Advisory and Appeals Board11 such reference shall hereafter be to the Housing Standards Commission. (d) All "Chapters11 in the Uniform Housing Code, 1973 Edition, whether appearing as a caption or as a reference in text shall henceforth be known as a "Sub-chapter". (e) This Code shall apply to all buildings and structures of whatever nature and shall not be limited to dwelling structures. All sections and provisions in this Code shall be interpreted in this manner. (f) Section 102 of the Uniform Housing Code, 1973 Edition, is hereby amended to read as follows: Sec. 102. The purpose of this Code is to provide minimum requirements fo the protection of life, limb, health, property, safety, and welfare of the general public from the hazards and dangers of substandard structures. (g) Section 103(a) of the Uniform Housing Code, 1973 Edition, is hereby amended to read as follows: Sec. 103(a) Application. The provisions of this Code shall apply to all buildings or portions thereof, all related structures and their premises when located within the corporate limits of the City of Lubbock. Any commercial building not used, or designed or intended to be used for human occupancy must meet all provisions except those provisions properly limited to building which contain living units. Such occupancies in existing buildings may be continued as provided in Section 104(g) of the Uniform Building Code, except such structures as are found to be substandard as defined in this Code. Where any building or portion thereof is used or intended to be used as a com bination apartment ~-hotel, the provisions of this Code shall apply to the separate portions as if they were separate buildings. Every rooming or lodging house shall comply with all the requirements of this Code for dwellings. (h) Section 201 (2) of the Uniform Housing Cbde, 1973 Edition, is hereby amended to read as follows: Sec. 201 (2) Authority. The Administrator of Zoning and Environmental Control or his designee shall be the Housing Standards Administrator and is hereby authorized and directed to administer and enforce all provisions of this Code. 2 I .R·F.W (i) Section 202 of the Uniform Housing Code, 1973 Edition, is hereby amenc ed to read as follows: Sec. 202. All structures or portions thereof which are determined to be substandard as defined in this Code are hereby declared to be public nuisancE s and shall be abated in accordance with the procedures specified in Chapter 1 of this Code, as amended. (j) Section 203 of the Uniform Housing Code~ 1973 Edition, is hereby amended to read as follows: Sec. 203. In order to provide for final interpretation of the provisions of this Code and to hear appeals provided for hereunder, there is hereby estab- lished a Housing Standards Commission consisting of five (5) members who are not employees of the City. The Housing Standards Administrator shall be an eX""officio member of and shall act as Secretary to said Commission. The Commission members shall be appointed by the City Council and shall serve for terms of three (3) years unless appointed to serve the remainder of an unexpired term. The Commission members serving at the time of the adoption of this 1973 Code shall continue to serve their present terms. The Commission may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appeJ ~ lant and also to the Housing Standards Administrator. Appeals to the Com- mission shall be processed in accordance with the provisions contained in Chapter 12 of this Code. Copies of all rules or regulations adopted by the Commission shall be delivered to the Housing Standards Administrator who shall make them freely accessible to the public. (k) Chapter 3 of the Uniform Housing Code, 1973 Edition, is hereby deleted. (1) Section 401 of the Uniform Housing Code, 1973 Edition, is hereby amended by deleting the definition of "Mechanical Code'' and of "Uniform Building Code'' and substituting the following therefore: Mechanical Code shall mean the Uniform Me chanical Code as it has been adopted by the City of Lubbock. Uniform Building Code shall mean the Uniform Building Code as it has been adopted by the City of Lubbock. (m) Section 401 of the Uniform Housing Code, 1973 Edition, is hereby amended by adding the following definitions to the topic word, "NUISANCE11 : 9. Any materials or conditions which will have an adverse effect on adjacent premises by reducing the desirability of living conditions in the immediate neighborhood and cause a substantial depreciation in property values. 3 '1 .R·F.W 10. Any portion of a building or structure remaining on a site after the demo- lition or destruction of that building or structure. 11-. Any building or structure which has been abandoned and is open, permit- ting the unauthorized entry of any person, and if such entry or entries have in fact occurred as evidenced by such signs as vandalism. (n} Section 502 of the Uniform Housing Code, 1973 Edition, is hereby amended to read as follows: Sec,. 502(a) Scope. This section shall apply to yards and courts having required windows opening there:in • . ' (b) Yards. Every yard shall be not less than the minimum dimensions specified by the City of Lubbock Zoning Ordinances for property of that type. (c) Courts. Every court shall be not less than the minimum dimensions specified by the City of Lubbock Zoning Ordinances for property of that type. (d) Projection into Yards. Eaves and cornices may project into any required yard not more than the maximum distance specified by the City of Lubbock Zoning Ordinances for property of that type. (o) Section 505 of the Uniform Hous:ing Code, 1973 Edition, is hereby amended by adding subsection (h) to read as follows: (h) Every window, door, and other openings to outdoor space in the exterior of every structure shall be effectively protected against the entrance of insects. Every opening except bulkheads used for ingress and egress from a structure used for human habitation directly to or from outdoor space shall be supplied with either a self-closing device or a self-closing screen door and every windoVI :in every habitable room, bathroom, toilet room or compartment and every othe 0 opening to outdoor space shall be equipped with approved screening, provided that such screening is necessary for effective protection against insects. (p) Sectibn 1101 (b) 3 (i) of the Uniform Housing Code, 1973 Edition, is here- by amended to read as follows: (i) If the Housing Standards Administrator has determined that a property owne ~-> is entitled as a matter of right to recondition his substandard structure, this . statement of action must specify in detail the minimum measures needed to eliminate the substandard conditions., as def:ined in this Code. This statement of action is to be accompanied by an order stating that before any owner com- ~ mences work on his property all required permits must be secured therefor€ an that the work must be physically commenced within such time (not to exceed60 days from the date of the orded, and completed within such time as the Housing Standards Administrator shall determine is reasonable under the circumstances 4 T .'R•F.W (q) Section 1101 (d) of the Uniform Housing Code, 1973 Edition, is hereby amended to read as follows: {d) Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll of the County or as known to the Housing Standards Administrator. If such certified letter is not deliverable to the addressee, service may be by publica- tion two {2) times within ten (10) consecutive days in a newspaper of general circulation within this County. If no address of any such person so appears or is known to the Housing Standards Administrator, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the build ing involved in the proceedings. The failure of any such person to receive sue notice shall not affect the validity of any proceedings taken under this Section. Delivery by certified mail in the manner herein provided shall be effective service on the date of mailing. (r} Section 1102 of the Uniform Housing Code, 1973 Edition, is hereby deleted. (s) Section 1103 of the Uniform Housing Code, 1973 Edition, is hereby amended to read as follows: Sec. 1103(a) Standards to be Followed. The following standards shall be followed by the Housing Standards Administrator, (and by the Housing Standard~ Commission if an appeal is taken), in ordering the repair, vacation, demolition or removal of any sul:s.tandard building or structure: 1. Once a structure has been found to be substandard, as defined within this Code, a determination must be made whether the property owner is entitled as a matter of right to the opportunity to recondition his property and thus eliminate the substandard conditions by some manner other than demolition or removal. (i) If the substandard conditions can be eliminated only by demolition, removal or repairs constituting a substantial reconstruction of the structure, the property owner is not entitled as a matter of right to recondition his structure and may be required to either demolish the structure, or to remove it to an area not closer than five thousand (5, 000) feet outside the corporate limits of the City, such election to be the right of the property owner. (ii) If the substandard conditions can be eliminated by some restora- tive procedure other than repairs constituting a substantial reconstruc tion of the structure, the property owner is entitled as a matter of right to perform at his option any abatement procedure effecting com- pliance with this Code. 5 LR·F.W 2. If the conditions which cause the structure to be substandard, (as define< within this Code), are so immediately and substantially dangerous to the life~ safety, or property of the public as to create a dire emergency, the Housing Standards Administrator may summarily abate those conditions and may do so by using whatever measures are necessary under the circumstances with- out the necessity of meeting any other standards proscribed in this Section 1103. (t) Chapter 13 of the Uniform Housing Code, 1973 EditiJDn, is hereby amended by deleting Subsection (a) of Section 1301; deleting Subsection (b) of Section 1303; and deleting Subsections (b), (c), {d), (e) and {f) of Section 1305. The intention of these deletions are to eliminate hearings before an examiner since all appeals shall be heard by the Commission and all related sections shall be interpreted in this manner. (u) Section 1401(c)3 of the Uniform Housing Code, 1973 Edition, is hereby amended to read as follows: 3. In addition to any other remedy herein provided, if the Housing Stand ards Administrator required the notice and order be for demolition-remo al the Housing Standards Administrator, (or the Housing Standards Commis sion, if an appeal was taken), may choose either demolition or removal as desired, (the property owner having waived the right to this election), and may effect the same within ten (10) days after notice is effective and cause the materials therefrom to be removed and the lot cleaned. Any such work shall be accomplished and the cost thereof paid and recover~d in the manner hereinafter provided in this Code. Any surplus realized from the abatement of a substandard property, over and above the cost of abatement shall be paid over to the person or persons lawfully entitled thereto. It is further required that the Housing Standards Administrator must receive authorization from the City Attorney before any demolition pursu ant to this Section 140l(c)3 may be effected. This authorization shall be given upon completion of a case file which shall include, but not be limite i to, the following items: documents indicating the procedures specified h this Code have been performed, Fire Marshal, Health, and Housing Standards Inspector's reports documenting the substandard conditions of the property, and photographs which also substantiate the substandard conditions of the property and corroborate the abovementioned reports. The purpose of this file being to substantiate that the City acted within its police power limitations, such file shall be prepared so that it may be introduced as evidence into a court of law and shall be kept for that purpose. If a ppe ale d to the Commission, all the Commission 1 s jurisdic- tional facts shall be certified by the City Attorney. {v) The caption of Chapter 15 of the Uniform Housing Code, 1973 Edition, is hereby amended to read as follows: PERFORMANCE OF DEMOLITION OR OTHER WORK 6 T.H•EW \ (w) Section 1501 of the Uniform Housing Code, 1973 Edition, is hereby amended to read as follows: Sec. 1501 (a) Procedure. When any demolition or other work is to be done pursuant to Section 1401 (c)3 of this Code, the Housing Standards Administra fur _ shall cause the work to be accomplished by City personnel or by a private contractor under his direction. (b) Costs. The cost of such work shall be paid from the Special Project:; Fund established for that purpose, and such CRst shall be made a special assessment against the property involved. (x) Section 1502 of the Uniform Housing Code, 1973 Edition, is hereby amended to read as follows: DEMOLITION (a) General. The City Council shall establish a Special Projects FUnd for the payment of abatement costs. Payments shall be made from said fund upon the demand of the Housing Standards Administrator with the approval of the Director of Planning to defray the costs and expenses which may be incurred by the City in doing or causing to be done the nee- essary demolition and related labors. (b) Maintenance of Fund. The City Council may at any time transfer to this Special Projects Fund, from any money in the General Fund of the City, such sums as it may deem necessary to expedite the performance o the work of abatement. All proceeds received in payment for money expended from this Special Projects Fund, as hereinafter provided for, shall be paid to and deposited in the General Fund of the City. (y} The entire contents of Chapter 16 of the Uniform Housing Code, 1973 Edition, are hereby deleted and the following substituted therefore: RECOVERY OF COST OF DEMOLITION OR OTHER WORK Account of Expense, Filing of Statement: Contents Sec. 1601. The Housing Standards Administrator shall keep an itemized account of the expense incurred by the City for demolition or removal of any structure and the cleaning of the lot where the structure was located, pursuant to the provisions of Section 1401(c)3 of this Code, as amended. Upon completion of this abatement, the Housing Standards Administrator shall prepare a statement specifying the work done, the itemized and tota cost of the work, a description of the real property upon which the struct ure was located, and the names and addresses of the persons entitled to notice pursuant to Section llOl(c) of this Code, as amended. 7 Report Transmitted to Mayor Sec. 1602. Upon completion of this statement it shall be sent to the Mayor for his signature thereon, whereupon it shall then be recorded wit the County Clerk as an assessment against and a lien upon the property. Lien of Assessment Sec. 1603 (a). Priority. Immediately upon recordation .. the amount assessed shall be payable, and the assessment shall be a lien against the parcel of land where the work was performed and against any remaining improvements thereon. The lien shall be subordinate only to tax liens and liens to s e cure the cost of street improvements after they have been so made. (b) Interest. All such assessments remaining unpaid after thirty (30) days from the date of recordation shall become delinquent and shall bear interest at the rate of ten (10) percent per annwn from and after said date Collections of Assessment: Penalties for Foreclosure Sec. 1604. For any such expenditures and interest, as aforesaid, suit may be instituted and foreclosure had in the name of the City of L'!lbbock; and the statements so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in any such work. Repayment of Money Expended Sec. 1605. All money recovered by payment of the charge or asBessme , including any interest thereon, or from the sale of the property at fore- closure sale shall be paid to the City Treasurer who shall credit the same to the General Fund. SECTION 3. Should any section, paragraph, sentence, clause, phrase, or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized to cause publica- tion of the descriptive caption of this Ordinance as an alternative method provided by law. 8 AND IT IS SO ORDERED. Passed by the Council on first reading this 28th day of February 11 1974. Passed by the Council on second reading this 14th day of Mlrch 11 1974. MORRIS W. TURNER, MAYOR ATTEST: APPROVED AS TO FORM: 9