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Home My WebLink AboutOrdinance - 2002-O0143 - Amending Chapt 29; Adding Sect. 29-30(E)(F)(2); Moving Modular Housing - 12/19/2002First Reading December 19, 2002 Item No. 37 Second Reading January 9, 2003 Item No. 16 ORDINANCE NO. 2002-D0143 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING SECTIONS 29- 30(e) AND 29-28 (f) (2); REQUIRING A SPECIAL EXCEPTION FOR THE MOVING I OF BUILDINGS OTHER THAN MOBILE HOMES, MANUFACTURED HOUSING, MODULAR HOUSING, OR NEW READY BUILT HOUSING, AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES TO ADD A NEW SECTION Til TO CHAPTER I OF THE UNIFORM BUILDING CODE WITH REGARD TO BUILDINGS TO BE MOVED; AND AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, TO ADOPT THE 2003 PROPERTY MAINTENANCE CODE WHICH INCLlJDES HEARING PROCEDURES FOR FAILURE TO COMPLY WITH A MOVING PERMIT; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best interest of the health, safety, and welfare of the citizens of Lubbock to make the following amendments to Chapter 29 of the Code of Ordinances with regard to moving ofbuildings other than mobile homes, manufactured housing, modular housing, or new ready built housing, and providing special exception for same, Chapter 6 with regard to buildings to be moved, and Chapter 13 with regard to adopting the 2002 Property Maintenance Code; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 29-30(e) of the Code of Ordinances of the City of Lubbock, Texas, is hereby added to read as follows: (e) Moving of buildings, other than mobile homes, manufactured housing, modular housing, or new ready built housing. No building, other than mobile homes, manufactured housing, modular housing, new ready built housing, accessory buildings, or temporary buildings as described by the Building Code in Section 111.6 shall be moved into or within the City of Lubbock without the issuance of a special exception. SECTION 2. THAT Section 29-28(f)(2)j. of the Code of Ordinances of the City of Lubbock, Texas, is hereby added to read as follows: j. Permit a building to be moved from an existing location to any location within the City limits, subject to conditions: 1. This section does not apply to mobile homes, manufactured housing, modular housing, new ready built housing, accessory buildings, or temporary buildings as described by the Building Code in Section 111.6. 2. No building that is more than ten (1 0) years old shall be moved into the city limits of the City of Lubbock unless a licensed engineer certifies to the Board that the building is structurally sound. 3. The Board shall make a determination that the proposed building to be moved is in harmony with the area that said building is purposed to be located. Factors to be considered in this determination shall include, but not be limited to the following: (a) The structural and appearance characteristics of the building purposed to be moved. Said building shall be described within a report from the Building Official as a result of an investigative inspection as described in Section 111.1 of the Uniform Building Code. The Board shall utilize the information supplied by said report in making its determination as to the appropriateness of the special exception request. (b) Structural and appearance characteristics of the homes within the block face of the lot where the building is proposed for relocation. Such characteristics shall include but not be limited to: (i) Number of homes on the block face, both sides of the street. When no homes are present on the block face, a radius of 300 feet will be used for comparison; (ii) Average square footage of the living area for the homes on both block faces of the same block where the relocation is proposed as depicted by the records of Lubbock Central Appraisal District. When no homes are present on the block face, a radius of 300 feet will be used for comparison; (iii) Exterior treatment of the homes on the block face; and (iv) Number of homes with garage or carport on the block face. 2 4. If the Board determines the building is compatible with the new location, the Board shall establish written requirements for any building approved for relocation, addressing each of the following items: a. Foundation b. Siding/exterior repairs c. Window replacement d. Roof replacement e. Addition of garage or carport f. Provision of two onsite paved parking spaces per residential unit. Apartments and commercial buildings shall meet the applicable standards of the appropriate district. g. Provision of sidewalks unless waived by the Building Board of Appeals. h. Any other site or construction related details that the Board deems necessary. 5. Any and all requirements that the Board establishes for the building shall be incorporated into the building permit that is issued pursuant to the moving of said building and be made legal requirements for the purposes of compliance. SECTION 3. THAT Section 6-27 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6-27. Section 111. Building to be moved. A new Section 111 is hereby added to Chapter 1 of the Uniform Building Code, which shall read as follows: 111.1 Permit required and fees. No person or persons shall hereafter move any building within the limits of the city, where the same shall be moved in, through or upon the streets, alleys, avenues or public grounds, unless said person shall before said house or building is moved secure a permit to do so from the Building Official. No permit will be required of contractors for moving tool or storage houses, but same shall be removed from building site upon completion of contract. 3 The mover shall apply for issuance of a permit. Prior to issuance of such permit, the owner of the building shall apply to the Zoning Board of Adjustment for a special exception allowance of the purposed move pursuant to Section 29- 28(f)(2)j. ofthis Code of Ordinances when required. Prior to the Zoning Board of Adjustment hearing to consider the special exception, the Building Official shall issue a report as a result of an investigative inspection of the building purposed to be moved and the site plans of the building owner or mover. The building owner or mover shall pay an investigative inspection fee. This report shall describe the structural and appearance characteristics of said building and include, but not be limited to, information on the following: 1. Foundation style; 2. Square footage of total living area; 3. Condition of foundation and/or flooring; 4. Condition of interior walls; 5. Exterior wall covering; 6. Condition of exterior walls; 7. Roof material; 8. Condition of roof covering and decking; 9. Window conditions; 10. Condition ofbathroom area and fixtures related thereto; 11. Condition ofkitchen area and fixtures related thereto; and 12. Presence of garage. If the Zoning Board of Adjustment grants the special exception, the Building Official may issue the permit subject to any and all requirements placed on the special exception by the Zoning Board of Adjustment. Any and all requirements that the Zoning Board of Adjustment establishes for the special exception shall be incorporated into the permit and be made legal requirements for the purposes of compliance with this section. If the Zoning Board of Adjustment denies the special exception, then no permit shall be issued and the building at issue may not be moved within the City limits. The Building Official may issue a permit to move a building at least 5000 feet outside of the City limits without a special exception granted by the Zoning Board of Adjustment. In cases of buildings where a special exception from the Zoning Board of Adjustment is not required, this section shall apply to said buildings as if the Zoning Board of Adjustment has approved a special exception for said buildings. The Building Official may refuse to issue a removal permit in a case where such work will necessitate the removal or cutting of any wires belonging to a public 4 utility company, or to the city, until such time as the party making application for such permit shall have made satisfactory arrangements with the party or parties owning or controlling such wires, either by written agreement or by deposition with said company a sufficient amount of money to cover the cost of such work, that is, cutting and replacing the wires so removed or cut, to the satisfaction of the parties owning or controlling same. 111.2 Site maintenance. The mover shall perform the following acts at the location the building is to be moved from and shall perform them during removal operation or immediately thereafter: L Disconnect and plug all utilities, electricity, water, gas and sewer. 2. Provide proper and adequate safeguards to the public, employees and adjoining property during removal and while lot is being cleared. 3. Fill all excavations with clear fill dirt (no rubble or trash to be used). 4. Restore lot after removal to establish grades to provide proper drainage. 5. Clear the lot of all trash, rubbish, dead shrubbery and tree limbs, etc. 111.3 Moving on public way. No building or portion thereof shall be moved from one site to another or along any public way within the city if such moving would require the removal or moving of a traffic signal mast arm. (Buildings which exceed the height of seventeen (17) feet when mounted on trucks, trailers or dollies will ordinarily require the removal of traffic signal mast arms). 111.4 Minimum standards: 1. A building to be moved to a new location within the city limits of the city must meet the minimum code standards for the type of structure. Procedures for assuring compliance with minimum code standards are: a. A structural inspection will be made by the Building Official to determine the specific repairs or additional structural requirements. The owner or contractor will be apprised of the work that must be accomplished. b. A permit for repairs and alteration shall be issued upon application and prior to issuance of a moving permit to an insured contractor. 5 c. No reference to sidewalks or setbacks made by the building code shall be construed as contravening the requirements of the Code of Ordinances. d. Plumbing, mechanical, and electrical systems shall be brought up to minimum code standards by the same procedures as for the building structure. 2. Provisions in the code pertaining to fire resistive requirements will be strictly observed in the issuance of moving permits. 3. Buildings to be moved into the city limits of the City of Lubbock must be inspected in the same manner as in paragraph 1.a above and in Section 111.1. An investigative inspection fee shall be paid in addition to a mileage fee as required by ordinance. 111.5 Compliance. Said building shall be made to be in compliance with all relevant sections of all city codes within ninety (90) days after the move is completed, as determined by the Building Official. Failure to do so shall be a violation of the code and the building shall constitute a nuisance and is a hazard to the public's health safety and welfare. The Building Official shall refer all such buildings to the structural standards administrator. Disposition of such buildings shall be conducted in accordance with Section 1102 of the property maintenance code as set forth in Chapter 13 of this code of ordinances. 111.6 Temporary structures. Temporary structures shall be limited in time to not more than six (6) months, with a six-month extension upon written request, if approved by the Building Official and the code enforcement administrator. At the end of six ( 6) months, if no extension is requested, the structure shall be removed or demolished with proper permits. The structure shall be removed upon termination of a twelve-month period when an extension has been granted. For purposes of this chapter, a temporary structure is defined as: 1. A building or structure used in conjunction with a construction project and used for the storage of building materials; 2. A building or structure used for any purpose that does not exceed a period of thirty (30) days, or is allowed under Section 111.5 of the Uniform Building Code. Note: Any building used for the transaction of business or used as a business shall not be classified as a temporary building and shall meet all local requirements for a permanent structure. SECTION 4 THAT Section 13-1 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: 6 Sec. 13-1. Property Maintenance Code adopted; amendments. The 2003 Property Maintenance Code of the City of Lubbock is specifically adopted to replace the previous 1994 Structural Standards Code of the City of Lubbock, Texas, and a copy is attached to the Ordinance from which this section is derived and incorporated herein by reference as though set out completely in detail. A copy of the 2003 Property Maintenance Code of the City of Lubbock shall be filed with the City Secretary and a copy maintained in the office of the Structural Standards Administrator of the City; all such copies to be opened to public inspection during business hours of the offices where they are maintained. SECTION 5. THAT violation of any provision ofthis Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars ($200.00) as provided by Section 1-4 of the City Code of Ordinances. SECTION 6. THAT should any paragraph, section, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of the Ordinance shall not be affected thereby. SECTION 7. THAT the City Secretary of the City of Lubbock, Texas, is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative means of publication provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 19th day of December , 2002. Passed by the City Council on second reading this 9th ATTEST: 7 APPROVED AS TO FORM: ccdocs/Zone-moving.ord December 9, 2002 8 Ordinance No. 2002-D0143 CITY OF LUBBOCK, TEXAS 2003 PROPERTY MAINTENANCE CODE CHAPTER I TITLE AND SCOPE §PM 101.1 Title. This Code shall be known as the "Property Maintenance Code of the City of Lubbock," may be cited as such, and will be referred to herein as "this Code." It is adopted under the authority of Chapter 214 of the Texas Local Government Code and pursuant to the authority of the City of Lubbock as a Home Rule municipality. §PM 101.2. Purpose. The purpose of this Code is to provide minimum requirements for the protection of life, limb, health, property, safety, and welfare ofthe general public insofar as they are affected by the continued occupancy and maintenance of structures and premises. To establish minimum standards for the continued use and occupancy of all structures, regardless of the date of their construction; to provide for giving proper notice to the owner of a structure; and to provide for a public hearing to determine whether a structure is substandard. §PM 101.3 Application. The provisions of this Code shall apply to all structures, buildings or portions thereof, regardless of the date of construction, 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 buildings which contain living units. Such occupancies in existing buildings may be continued as provided in the 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 combination apartment house-hotel, the provisions of this Code shall apply to the separate portions as if they were separate buildings. Every rooming house or lodging house shall comply with all the requirements of this Code for dwellings. §PM 101.4 Alteration. Existing structures which are altered or enlarged shall be made to conform to this Code insofar as the new work is concerned and in accordance with the Building Code. APPLICABILITY §PM102.1 General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth herein. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern. §Pl\H02.2 Maintenance Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-2 devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises. §PM102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Building Code, Plumbing Code, Mechanical Code, Fuel Gas Code and the Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Zoning Code. §PM102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the City of Lubbock or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary. §PM102.5 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions. §PMl 02.6 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated by the state or local jurisdiction as historic buildings when such buildings or structures are judged by the Structural Standards Administrator to be safe and in the public interest of health, safety and welfare. §PM102.7 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. §PMl 02.8 Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the Structural Standards Administrator. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-3 CHAPTER2 ENFORCEMENT §PM201.1 Authority. The Business & Neighborhood Development Administrator, or his designee, shall be the Structural Standards Administrator and is hereby authorized and directed to administer and enforce all of the provisions of this Code. §PM201.2 Rights of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Structural Standards Administrator, or his authorized representative, has reasonable cause to believe that there exists in any structure or upon any premises, any condition which makes it substandard, as defined in §PM401.6 of this Code, the Structural Standards Administrator, or his authorized representative, may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Structural Standards Administrator by this Code; provided that if such structure or premises be occupied, he shall first make a reasonable effort to locate the owner, or persons having charge or control of the building or premises, and demand entry. If such entry is refused, the Stmctural Standards Administrator, or his authorized representative, shall have recourse to every remedy provided by law to secure entry. §Pl\-1201.3 Responsibilities Defined. Every owner remains liable for violations of duties imposed upon him by this Code, even though an obligation is also imposed on the occupants of his building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this Code. Every owner, or his agent, shall be responsible for maintaining his structure in a sound structural condition. The owner, or his agent, shall be responsible for keeping that part of the structure or premises which he occupies or controls in a clean, sanitary, and safe condition, including the shared or public areas in a building containing two or more dwelling units. Where required by this Code, the health ordinances, or the Health Officer, every owner shall furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment, or facilities for the prevention of insect and rodent infestation. Where infestation has taken place, the owner, or his agent, shall be responsible for the extermination of any insects, rodents, or other pests. Every occupant of a dwelling unit, shall be responsible for keeping that part of the dwelling or dwelling unit or premises which he occupies and controls in a clean, sanitary, and safe condition Occupant shall dispose of all his rubbish, garbage, and other organic waste in a manner required by the health ordinances and approved by the Health Officer. Where required by this Code, the health ordinances or the Health Officer, every occupant shall furnish and maintain approved devices, equipment or facilities necessary to keep his premises safe and sanitary. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE·4 SUBSTANDARD STRUCTURE §PM202.1. Any structure or portion thereof, which is determined to be an unsafe structure in accordance with the Property Maintenance Code; or any structure or any portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, which fails to meet the requirements of this Code is substandard and shall be abated in accordance with the procedures specified in this Code. STRUCTURAL STANDARDS COMMISSION §PM202.2. There is hereby established a Structural Standards Commission, hereinafter referred to as "the Commission," which shall provide for final interpretation of the provisions of this Code and provide for hearings and the issuance of Orders. The Commission shall consist of five ( 5) members who are not employees of the City. The Structural Standards Administrator, or his designee, 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 two (2) years unless appointed to serve the remainder of an unexpired term. The Commission members serving at the time of the adoption of this Code shall continue to serve their present terms. Additionally, the City Council may appoint up to four ( 4) alternate members, who shall serve in the absence, disability, or disqualification of one or more members. The alternate members shall serve for the same term as regular members. Commission members may be removed for cause by the City Councjl on a written charge. Before a decision regarding removal is made, the City Council must hold a public hearing on the matter, if requested by the Commission member subject to the removal action. The Commission may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the property owner and also the Structural Standards Administrator. Hearings before the Commission shall be provided for in accordance with the provisions contained in this Code. Copies of all rules or regulations adopted by the Commission shall be delivered to the structural Standards Administrator who shall make them freely accessible to the public. VIOLATIONS §PM203.1 Violation. No person, firm, or corporation, whether as owner, lessee, sublessee, or remove, demolish, equip, use, occupy, or maintain any building, structure, or premises, or cause or permit the same to be done contrary to or in violation of any of the provisions of this Code or any order issued by the Commission hereunder. Any person violating the provisions of this Section shall be guilty of a misdemeanor and may be fined up to $2,000.00. Each day the violation continues shall constitute a separate offense. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-5 CHAPTER3 PERMITS AND INSPECTIONS §PM301.1. General. No building or structure regulated by this Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the Building · Official in the manner and according to the applicable conditions prescribed in the Building Code §PM301.2. Fees. Whenever a building permit is required by §PM301.1 of this Code, the appropriate fees shall be paid to the Building Official as specified in the Building Code. §PM301.3 Inspection. All buildings or structures within the scope of this Code and all construction or work for which a permit is required shall be subject to inspection by the Building . Official in accordance with and in the manner provided by this Code and the Building Code. UNSAFE STRUCTURES AND EQUIPMENT §PM302.1 General. When a structure or equipment is found by the Structural Standards Administrator to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. §PM302.2 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible. §PM302.3 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. §PM302.4 Structure unfit for human occupancv. A structure is unfit for human occupancy whenever the Structural Standards Administrator finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. §PM302.5 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. CITY OF LUBBOCK. TEXAS PROPERTY MAINTENANCE CODE PAGE-6 CHAPTER4 DEFINITIONS §PM401.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter. §PM401.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. §PM401.3 Terms defined in other codes. \Vhere terms are not defined in this code and are defined in the Building Code, Fire Code, Zoning Code, Plumbing Code, Mechanical Code, ASME A 17.1 or the Electrical Code as said Codes have been adopted by the City of Lubbock, such terms shall have the meanings ascribed to them as in those codes. §PM401.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. §PM401.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof." §PM401.6 GENERAL DEFINITIONS APPROVED. As to materials and types of construction, refers to approval by the building official as the result of investigation and tests conducted by him or her or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations. BASEMENT. That portion of a building, which is partly or completely below grade. BATHROOM. A room containing plumbing fixtures including a bathtub or shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes. BUILDING CODE. Building Code shall mean the Building Code as same is adopted by the City of Lubbock. CONDEMN. To adjudge unfit for occupancy. DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. EFFICIENCY LIVING UNIT. Efficiency living unit is any room having cooking facilities used for combined living, dining, and sleeping purposes and meeting the requirements of §PM604.7 of this Code. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-7 EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises. EXTERMINATION. The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. ELECTRICAL CODE. Electrical Code shall mean the Electrical Code as same has been adopted by the City of Lubbock. FIRE CODE. Fire Code shall mean the Fire Code as same has been adopted by the City of Lubbock. GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. HEALTH OFFICER. Health Officer shall be the legally designated head of the Department of Health of the City ofLubbock or his designee. HOT WATER. Hot water shall be water at a temperature of not less than 1200 Fo IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time. INCOMPLETE CONSTRUCTION. The cessation of construction of a structure, with the lapse of inspections and expired permits, amounts to a public nuisance. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. LABELED. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENA]';'CE CODE PAGE-8 LET FOR OCCUPANCY OR LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. l\1ANUFACTURED HOUSING. See Mobile horne. MECHANICAL CODE. Mechanical Code shall mean the Mechanical Code as same has been adopted by the City of Lubbock. MOBILE HOME. Mobile horne shall mean a structure that is transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent ·chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term "mobile home" specifically includes the term "manufactured housing." NIDSANCE. A nuisance shall include but not be limited to the following: 1 Any public nuisance known at common law or in equity jurisprudence. 2. Any attractive nuisance which may prove detrimental to children, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris, or vegetation which may prove a hazard for inquisitive minors. 3. Whatever is dangerous to human life or is detrimental to health, as determined by the Health Officer. 4. Insufficient ventilation or illumination. 5. Inadequate or unsanitary sewage or plumbing facilities. 6. Uncleanliness, as determined by the Health Officer. 7. Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer. 8. Any materials or conditions which will have adverse effect on adjacent premises by reducing the desirability ofliving conditions in the immediate neighborhood and cause a depreciation in property values. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-9 9. Any portion of a structure or foundation remaining on a site after the demolition or destruction of a structure. 10. Any structure which has been abandoned and is open, permitting the unauthorized entry of any person. OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building. OCCUPIED SPACE. Occupied Space shall mean the total of all buildings or structures on any lot or parcel of ground projected on a horizontal plane excluding permitted projections as allowed by this Code. OPEN ABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERA TOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control ofthe property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON. An individual, corporation, partnership or any other group acting as a unit. PLUMBING CODE. Plumbing Code shall mean the Plumbing Code as same has been adopted by the City of Lubbock. PREMISES. A lot, plot or parcel ofland including any structures thereon. ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one-or two-family dwelling. ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-10 STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. STRUCTURE. That which has been or is under construction; including, but not limited to, all buildings, incomplete construction, mobile homes, manufactured housing, accessory structures, basements, fences, walls, septic tanks, foundations or sidewalks. STRUCTURAL STANDARDS ADMINISTRATOR. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. SUBSTANDARD STRUCTURE. A structure that is dilapidated, substandard, or unfit for human habitation; and a hazard to the public health, safety, and welfare. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work. YARD. An open space on the same lot with a structure. ZONING CODE. Zoning Code shall mean the Zoning Code as the same is adopted by the City of Lubbock. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-II CHAPTERS GENERAL REQUIREMENTS §PM501.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. §PM501.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises which they occupy and control. §PM501.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. EXTERIOR PROPERTY AREAS §PM502.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. §PM502.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. EXCEPTION: Approved retention areas and reservoirs. §PM502.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. §PM502.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. §PM502.5 Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-12 §PM502.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. §PM502.7 Fence Maintenance. All fences and walls, shall be maintained structurally sound and in good repair, which shall include, but not be limited to, the following conditions. A. No privately owned fence or guy wires, braces or any other part of a.privately owned fence shall be constructed upon or caused to protrude over property owned by the city. B. Repairs of any nature shall be made with materials of comparable composition, color, size, shape, and quality of the original fence to which the repair is being made. Products manufactured for other uses such as plywood, corrugated steel, or fiberglass panels are prohibited as fencing materials. Nothing herein shall be construed so as to prohibit the complete removal of a fence, unless such fence encloses a swimming pool or spa. C. Any and all broken, loose, damaged, insect damaged, or missing parts (i.e., slats, posts, wood rails, bricks, panels) having a combined total area of twenty feet or more of said fence shall be replaced or repaired within sixty ( 60) days of notification of a violation. §PM502.8. Gates. Gates which are required to be self-closing and self-latching in accordance with the Building Code shall be maintained such that the gate will positively close and latch when released from a still position of 6 inches (152 mm) from the gatepost. · §PM502.9 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, in good repair, and in accordance with the City of Lubbock's Code of Ordinances relating to swimming pools where applicable. §PM502.10 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. EXTERIOR STRUCTURE §PM503.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. §PM503.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-13 maintained weather resistant and watertight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. §PM503.3 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. §PM503.4 Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. §PM503.5 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. §PM503.6 Roofs and drainage .. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. §PM503.7 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. §PM503.8 Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. §PM503.9 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. §PM503.10 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. §PM503.11 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE·l4 §PM503.12 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. §PM503.12.1 Glazing. All glazing materials shall be maintained free from cracks and holes. §PM503.12.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. §PM503.13 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition. EXCEPTION: Screen doors shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. §PM503.14 Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with §PM702.3 §PM503.15 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. §PM503.16 Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. INTERIOR STRUCTURE §PM504.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. §PM504.2 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. §PM504.3 Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. CITY OF LUBBOCK, TEXAS PROPERTY MAfNTENANCE CODE PAGE-15 §PM504.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. §PM504.5 Handrails and Guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. §PM504.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. RUBBISH AND GARBAGE §PM505.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. §PM505.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. §PM505.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. EXTERMINATION §PM506.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. §PM506.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. §PM506.3 Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises. §PM506.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination. §PM506.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condit\on of the structure. EXCEPTION: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-16 CHAPTER6 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS GENERAL §PM601.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. §PM601.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter. §PM601.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Building Code shall be permitted. LIGHT §PM602.1 Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. EXCEPTION: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 mt\2). The exterior glazing area shall be based on the total floor area being served. §PM602.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one-and two-family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet ( 19 mA2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of 1 foot-candle (11 lux) at floors, landings and treads. §PM602.3 Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-17 VENTILATION §PM603.1 Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in §PM602.1. EXCEPTION: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m"2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated. §PM603.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by §PM603J, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. §PM603.3 Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit. EXCEPTION: Where specifically approved in writing by the Structural Standards Administrator. §PM603.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. §PM603.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions. OCCUPANCY LIMITATIONS §PM604.1 Applicabilitv. To the extent this Chapter conflicts with the Zoning Code, the Zoning Code shall govern. §PM604.2 Privacy. Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. §PM604.3 Minimum room widths. A habitable room, other than a kitchen, shall not be less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than 3 feet (914 mm) behveen counterfronts and appliances or counterfronts and walls. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-18 §PM604.4 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7 feet (2134 rnrn). EXCEPTIONS: 1. In one-and two-family dwellings, beams or girders spaced not less than 4 feet ( 1219 mm) on center and projecting not more than 6 inches ( 152 mm) below the required ceiling height. 2. Basement rooms in one-and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear height under beams, girders, ducts and similar obstructions. 3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least 7 feet (2134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of 5 feet (1524 mm) or more shall be included. §PM604.5 Bedroom requirements. Every bedroom shall comply with the requirements of §PM604.4.1 through §PM604.4.5. §PM604.5.1 Area for sleeping purposes. Every bedroom occupied by one person shall contain at least 70 square feet (6.5 rn/\2) of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6 m/\2) of floor area for each occupant thereof. §PM604.5.2 Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. EXCEPTION: Units that contain fewer than two bedrooms. §PM604.5.3 Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story. §PM604.5.4 Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes. §Pl\'1604.5.5 Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of Chapter PM 7; the heating facilities and electrical receptacle requirements of Chapter PM 8; and the smoke detector and emergency escape requirements of Chapter PM 9. CITY OF LUBBOCK, TEXAS PROPERTY MA])lTENANCE CODE PAGE-19 §PM604.6 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table PM604.6. SPACE Living room { a,b } Dining room {a,b} Kitchen{b} Bedrooms TABLEPM604. 6 MINIMUM AREA REQUIREMENTS MINIMUM AREA IN SQUARE FEET 1-2 occupants 3-5 occupants No requirements 120 No requirements 80 50 50 Shall comply with §PM604.3 For SI: 1 square foot= 0.093 m"2 {a} See §PM604.5.2 for combined living room/dining room spaces. 6 or more occupants 150 100 60 {b} See §PM604.5.1 for limitations on determining the minimum occupancy area for sleeping purposes. §PM604.6.1 Sleeping area. The minimum occupancy area required by Table PM604.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with §PM604.4. §PM604.6.2 Combined Spaces. Combined living room and dining room spaces shall comply with the requirements of Table PM604.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room. §PM604. 7 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements: 1. A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 m"2). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 m"2). These required areas shall be exclusive of the areas required by Items 2 and 3. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-20 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. 3. The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower. 4. The maximum number of occupants shall be three. §PM604.8 Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-21 CHAPTER7 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS GENERAL §PM701.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. §PM701.2 Responsibilicy. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this chapter. REQUIRED FACILITIES §PM702.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. §PM702.2 Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. §PM702.3 Hotels. Where private water closets, lavatories, and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants. §PM702.4 Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees. §PM702.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler, or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. TOILET ROOMS §Pl\1703.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. §PM703.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. CITY OF LUBBOCK, TEXAS PROPERTY MArNTENANCE CODE PAGE-22 §PM703.3 Location of employee toilet facilities. Toilet facilities shall have access from within the employees' regular working area. The required toilet facilities shall be located not more than one story above or below the employees' regular working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152m). Employee facilities shall either be separate facilities or public customer facilities. EXCEPTION: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities. PLUMBING SYSTEMS AND FIXTURES §PM704.1 General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. §PM704.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. §PM704.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. WATER SYSTEM §PM705.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Plumbing Code. §PM705.2 Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets, and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker. §PM705.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-23 §PM705.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount ofwater to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 120°F ( 49°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. SANITARY DRAINAGE SYSTEM §PM706.1 General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system. §PM706.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. STORM DRAINAGE §PM707.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-24 CHAPTERS MECHANICAL AND ELECTRICAL REQUIREMENTS GENERAL §PM80l.l Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. §PM801.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter. HEATING FACILITIES §PM802.1 Facilities reguired. Heating facilities shall be provided in structures as required by this section. §PM802.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 65°F (l8°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in the Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. §PM802.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 65°F (18°C) in all habitable rooms, bathrooms, and toilet rooms. EXCEPTION: When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in the Plumbing Code. §PM802.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 65°P (18°C) during the period the spaces are occupied. EXCEPTIONS: I. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-25 §PM802.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. MECHANICAL EQUIPMENT §PM803.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. §PM803.2 Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent. EXCEPTION: Fuel-burning equipment and appliances which are labeled for unvented operation. §PM803.3 Clearances. All required clearances to combustible materials shall be maintained. §PM803.4 Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation. §PM803.5 Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel- burning equipment. §PM803.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. ELECTRICAL FACILITIES §PM804.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and §PM805. §PM804.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the ICC Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes. §PM804.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the Structural Standards Administrator shall require the defects to be corrected to eliminate the hazard. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-26 ELECTRICAL EQUIPMENT §PM805.1 Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. §PM805.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. §PM805.3 Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture. ELEVA TORS, ESCALATORS AND DUMBWAITERS §PM806.1 General. Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate properly, and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter; or the certificate shall be available for public inspection in the office of the building operator or owner. §PM806.2 Elevators. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied. EXCEPTION: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for a reasonable period of time for testing or servicing. DUCT SYSTEMS §PM807.1 General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. CITY OF LUBBOCK, TEXAS PROPERTY' MAfNTENANCE CODE PAGE-27 CHAPTER9 FIRE SAFETY REQUIREMENTS GENERAL §PM901.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided. §PM901.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this chapter. MEANS OF EGRESS §PM902.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. §PM902.2 Aisles. The required width of aisles in accordance with the Fire Code shall be unobstructed. §PM902.3 Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the Building Code. §PM902.4 Emergency escape openings. Required emergency escape and rescue openings shall be operational from the inside of the room without the use ofkeys or tools. Bars, grilles, grates, or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the Building Code and such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening. Where such bars, grilles, grates, or similar devices are installed in existing buildings, smoke detectors shall be installed in accordance with §PM904. FIRE-RESISTANCE RATINGS §PM903.1 Fire-resistance-rated assemblies. The required fire-resistance rating of fire- resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. §PM903.2 Opening protective. Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. CITY OF LUBBOCK, TEXAS PROPERTY MA!l'\TENANCE CODE PAGE-28 FIRE PROTECTION SYSTEMS §PM904.1 Smoke detectors. Existing Group R occupancies not already provided with single- station smoke alarms shall be provided with approved single-station smoke alarms. §PM904.2 Installation. Approved single-station smoke alarms shall be installed in existing dwelling units, congregate residences, and hotel and lodging house guestrooms. Installation shall be in accordance with the Fire Code. §PM904.3 Power source. In Group R occupancies, single-station smoke alarms shall be battery operated or shall receive their primary power from the building wiring provided that such wiring is served from a commercial source. When power is provided by the building wiring, the wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-29 CHAPTER 10 NOTICES OF STRUCTURAL STANDARDS ADMINISTRATOR GENERAL §PMIOOl.l. Commencement of Proceedings. Whenever the Structural Standards Administrator, or his designee, has inspected or caused to be inspected any structure and has found and determined that such structure is dilapidated, substandard, or unfit for human habitation; and a hazard to the public health, safety, and welfare, he may commence proceedings to require the vacation, relocation of occupants, securing, repair, removal, or demolition of the structure. §PM1001.2. Notice Contents. The Structural Standards Administrator or his designee shall post at each entrance thereto a Notice reading: "STRUCTURE IS SUBJECT TO A HEARING BEFORE THE STRUCTURAL STANDARDS COMMISSION UNLAWFUL TO OCCUPY It is a misdemeanor punishable by up to a $2,000 fine to occupy this structure, or to remove or deface this Notice. Structural Standards Administrator City of Lubbock." §PM1001.3 Failure to Obey Notice. No person shall occupy any building which has been posted as specified in this Chapter. No person shall remove or deface any such notice so posted until the Structure meets required standards of the ordinance. §PM1001.4 Notice. The Structural Standards Administrator or his designee shall make a diligent effort to discover the name and address of each owner, mortgagee or lienholder of the structure. He shall then issue a notice to each owner, mortgagee or lienholder which shall contain the following: 1 The street address and legal description sufficient for identification of the premises upon which the structure is located. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-30 2. A statement that the Structural Standards Administrator believed the structure to be in violation of the terms of the Property Maintenance Code with a brief and concise description of the conditions found to render the structure substandard. The Administrator may comply with this section by attaching a copy of any report of the inspection of the structure to the notice. 3. A statement advising that a hearing has been set before the Structure Standards Commission for the purpose of making a final determination of whether the structure is Substandard, naming a specific hearing date to be not less than ten (10) days hence. Statement shall be adequate if in substantially the following form: "You are hereby notified that a hearing will be held before the Structural Standards Commission at on the day 20 at ____ m. The purpose of the hearing is to make a final determination as to whether the structure described is substandard and in violation of the Property Maintenance Code of the City of Lubbock. You may be present at the hearing. You may be, but need not be, represented by legal counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit thereof with the Structural Standards Commission." 4. The following statements: (A) that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the Code and the time it will take to reasonably perform the work. (B) that in the event the owner seeks to obtain more than thirty (30) days to complete the project, the owner will be required to reasonably establish that the work cannot be completed within thirty 30 days. (C) that in the event the owner seeks to obtain more than ninety (90) days to complete the work, the owner will be required to submit a detailed plan and time schedule for the work at the hearing and establish that the work cannot be completed within ninety (90) days. 5. A statement advising that the Commission may issue an order requiring the vacation, relocation of occupants, securing, repair (with or without vacation), removal, or demolition of the structure if the structural standards Commission finds that any of the following conditions exist: (A) the structure in question is dilapidated, substandard, or unfit for human habitation; and a hazard to the public health, safety, and welfare; CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-31 (B) that regardless of its structural condition, the structure is unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; or (C) if boarded up, fenced or otherwise secured in any manner if: (i) the building constitutes a danger even though secured from entry; or (ii) the means used to secure the building are inadequate to prevent unauthorized entry or use of the manner described in (B) above. 6. A statement advising that any person affected by any order may seek to appeal, within thirty (30) days, said order to the state District Court for relief, and upon failure to do so within such period of time, the order shall become final. §PMlOOI.S Diligent Effort. The Structural Standards Administrator satisfies the requirements of this section to make a diligent effort, to use its best efforts, or to make a reasonable effort to determine the identity and address of an owner, a lienholder, or a mortgagee if the municipality searches the following records: (1) Lubbock County Real Property Records; (2) Lubbock Central Appraisal District records; (3) records of the secretary of state; (4) assumed name records ofLubbock County; (5) tax records of the City of Lubbock; and (6) utility records of the City of Lubbock. §PM1001.6 Service of Notice. The notice and any amended or supplemental notice shall be served upon the record owner, and posted on the property; and one (1) copy thereof shall be served on each of the following if known to the Structural Standards Administrator or disclosed from official public records; the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease filed of record; and the holder of any other estate or legal interest filed of record in or to the building or the land on which it is located. The failure of the Structural Standards Administrator to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this section. §PMl 001.7 Method of Service. Service of the notice shall be made upon all persons entitled thereto, either personally or by mailing a copy of such notice by certified mail, postage prepaid, CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-32 return receipt requested, to each person at his address as it appears on the last equalized assessment roll of the County or as known to the Structural Standards Administrator. If such certified letter is not deliverable to the addressed, service may be by publication 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 Structural Standards Administrator, then a copy of the notice shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such 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. If a notice is mailed in accordance with this section to a property owner, lienholder, or mortgagee and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered. The Structural Standards Administrator may also file notice of the hearing in the Lubbock County Real Property Records. The notice must contain the name and address of the owner of the affected property if that information can be determined, a legal description of the affected property, and a description of the hearing. The filing of the notice is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after the filing of the notice, and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice. §PM1001.8 Proof of Service. Proof of service of the notice shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice retained by the Structural Standards Administrator. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-33 CHAPTER 11 HEARINGS §PM1101.1 Hearing. Before any order is issued by the Commission or any work is performed by the Structural Standards Administrator on any building or part thereof which is in violation of this Code, except under §PM 11 0 1.5 dealing with emergency remedies, there shall first be a hearing conducted by the Commission. STANDARDS TO BE FOLLOWED §PM1101.2. Standards to be followed. The following standards shall be followed by the Commission in· ordering the repair, vacation, relocation of occupants, demolition or removal of a structure: (a) The Commission may issue an order requiring the vacation, relocation of occupants, securing, repair (with or without vacation), removal, or demolition of the structure if the Structural Standards Commission finds that any of the following conditions exist: ( 1) the structure in question is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare; (2) that regardless of its structural condition, the structure is unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place ofharborage or could be entered or used by children; or (3) if boarded up, fenced or otherwise secured in any manner if: (A) the building constitutes a danger even though secured from entry; or (B) the means used to secure the building are inadequate to prevent unauthorized entry or use of the manner described in (2) above. (b) If the Commission finds that the structure is in violation, then the Commission shall require the owner, lienholder, or mortgagee of the building to within thirty (30) days: ( 1) secure the structure from unauthorized entry; or (2) repair, remove or demolish the structure within thirty (30) days, unless the owner or lienholder establishes at the hearing that the work cannot be reasonably performed within thirty (30) days. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-34 (3) If the owner establishes that the work cannot be reasonably completed in thirty (30) days and the Commission determines that additional time is necessary, the Commission shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the Commission. ( 4) The Commission shall not allow an owner, lienholder or mortgagee more than ninety (90) days to repair, remove or demolish the structure or fully perform all work required to comply with the order unless the owner, lienholder or mortgagee: A. submits a detailed plan and time schedule for the work at the hearing; and B. establishes at the hearing that the work cannot be reasonably be completed within ninety (90) days because of the scope and complexity of the work. (5) If the Commission allows the owner, lienholder, or mortgagee more than ninety (90) days to complete any part of the work required to repair, remove or demolish the structure, the Commission shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the Structural Standards Administrator to demonstrate that the owner, lienholder, or mortgagee has complied with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder or mortgagee appear before the structural standards Administrator to demonstrate compliance with the time schedules. If the owner, lienholder, or mortg~gee owns property, including structures or improvements on property, within the municipal boundaries that exceeds $100,000 in total value, the Commission may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing, or demolishing a building under this subsection. In lieu of a bond, the Commission may require the owner, lienholder, or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party approved by the Commission. The bond must be posted, or the letter of credit or third party guaranty provided, not later than the 30th day after the date the Commission issues the order. (6) In the public hearing to determine whether a structure complies with the standards set out in the Ordinance, the owner, lienholder or mortgagee has the burden of proof to demonstrate the scope of work that may be required to comply with the Ordinance and the time it will take to reasonably perform the work. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-35 §PM1101.3:. Right to appeal. Any person affected by any Order may seek to appeal the Order within thirty (30) days, to the State District Court for relief and upon failure to do so within such period of time such Order shall be final. §PM1101.4. Findings of fact. Following the hearing, any person wishing to appeal the decision of the Board may request that the Board make such findings as the Board believes necessary to support its Order. In the event a party fails to request such findings within thirty (30) days, it shall be presumed that the Commission made such findings as are necessary to support its decision. §PM110l.5. Emergency abatement. In the event that a structure constitutes a substantial and immediate hazard to the public health, safety and welfare as a result of fire, civil disobedience or natural disaster to the extent that an imperative public need exists to abate a portion or all of the structure, the Structural Standards Administrator may immediately, without prior hearing by the Structural Standards Commission abate that portion of the structure which causes the hazard provided: (a) The Structural Standards Administrator has made a reasonable effort to determine the name and location of each owner and lienholder or mortgagee and has attempted to give each owner, lienholder and mortgagee notice of the impending action by the Administrator. The notice may be given orally and a record shall be kept of the time date of each communication. (b) The structure shall be abated only to the extent required to remove the immediate hazard to the public health, safety and welfare. Once the immediate threat has been abated the structure shall proceed through the abatement process in the same manner as provided for any other structure. MOVEDSTRUCTURESREFERREDTOSTRUCTURALSTANDARDS ADMINISTRATOR PURSUANT TO UNIFORtVI BUILDING CODE §PMll 02.1 Referal of structure from Building Official. Pursuant to Chapter 6 of the City of Lubbock's Code of Ordinances, in instances where the City's Building Official has referred a structure for failure to comply with a moving permit to the structural standards administrator in accordance with Section 111.5 ofthe Uniform Building Code as set forth in Section 6-27 of the City of Lubbock's Code of Ordinances, the person who held the moving permit, herein called the mover, and the owner of the structure at issue, ifknown, shall be subject to a hearing before the Structural Standards Commission to determine if the structure shall be repaired, removed or demolished. §PM1102.2 Notices of hearing. In cases where the Board is hearing a referral of a structure by the Building Official for failure to comply with a moving permit issued in accordance with Chapter 6 of the City ofLubbock's Code of Ordinances, the Board is not subject to the notice requirements of Chapter 10 of this Code. The Board shall issue notice of the time, place and date of the hearing of the appeal to the mover and the owner ofthe structure at issue, ifknown. The notice of hearing to the Appellant shall be in the following form: CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-36 1. The street address and legal description sufficient for identification ofthe premises upon which the structure at issue in the appeal is located. 2. A statement that the Building Official has referred the structure to the Structural Standards Commission for failure to comply with a moving permit and that said structure is alleged to be in violation of the Uniform Building Code. 3. A statement advising that a hearing has been set before the Structure Standards Commission for the purpose of making a final determination of whether the structure is Substandard, naming a specific hearing date to be not less than ten (1 0) days hence. Statement shall be adequate if in substantially the following form: "You are hereby notified that a hearing will be held before the Structural Standards Commission at on the day of ,20 __ at _ m. The purpose of the hearing is to make a final determination as to whether the structure described is substandard and in violation of the Property Maintenance Code of the City of Lubbock and the moving permit issued to the structure by the City of Lubbock Building Official. You may be present at the hearing. You may be, but need not be, represented by legal counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit thereof with the Structural Standards Commission." 4. The following statements: (A) that the mover and the owner of the structure at issue, if known, will be required to submit at the hearing proof of the scope of any work that may be required to comply with the Code and the moving permit, the time it will take to reasonably perform the work, and the reasons, if any, that mover and/or the owner of the structure at issue, if known, has failed to comply with the terms of the moving permit (B) that in the event the mover and/or the owner of the structure at issue, if known, seeks to obtain any additional time to complete the project, the mover and/or the owner of the structure at issue, if known, will be required to reasonably establish that the work could not be completed within the time allotted by the moving permit (C) that in the event the mover and/or the owner of the structure at issue, ifknown, seeks to obtain additional time to complete the work, the mover will be required to submit a detailed plan and time schedule for the work at the hearing. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-37 5. A statement advising that the Commission may issue an order requiring the securing, repair, removal, or demolition of the structure if the Structural Standards Commission finds that any of the following conditions exist: (A) the structure in question is dilapidated, substandard, or unfit for human habitation; and a hazard to the public health, safety, and welfare; (B) the mover and/or the owner of the structure at issue, if known, has unreasonably failed to comply with the terms of the moving permit; and (C) the mover and/or the owner of the structure at issue, if known, is otherwise in substantial non-compliance with the Uniform Building Code. 6. A statement advising that the mover or the owner of the structure at issue, if known, may seek to appeal, within thirty (30) days, said order to the state District Court for relief, and upon failure to do so within such period of time, the order shall become final. §PM1102.3 Method of Service. The Notice of Appeal shall be sent to the mover and the owner of the structure at issue, if known, by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested to the last known address of the mover. The failure of the mover or the owner of the structure at issue, if known, to receive such 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. If a notice is mailed in accordance with this section to the mover and the owner of the structure at issue, if known, and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered. The Structural Standards Administrator may also file notice of the hearing in the Lubbock County Real Property Records. The notice must contain the name and address of the mover and the owner of the structure at issue, if known, a legal description of the affected property, and a description of the hearing. The filing of the notice is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after the filing of the notice, and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice. §PM1102.4. Hearing Standards. The following standards shall be followed by the Commission in hearing a building referred for violation of a moving permit in ordering the repair, demolition or removal of the structure at issue: (a) The Commission may issue an order requiring the securing, repair, removal or demolition ofthe structure if the Structural Standards Commission finds that any of the following conditions exist: (1) the structure in question is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare; CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-38 (2) the mover and/or the owner of the structure at issue, if known, has unreasonably failed to comply with the terms ofthe moving permit; and (3) the mover and/or the owner of the structure at issue, if known, is otherwise in substantial non-compliance with the Uniform Building Code. (b) If the Commission finds that the structure is in violation, then the Commission shall require the mover and the owner ofthe structure at issue, if known, to: (1) secure the structure from unauthorized entry; or (2) repair, remove or demolish the structure within thirty (30) days, unless the mover or the owner of the structure at issue, if known, establishes at the hearing that the failure to comply with the moving permit and/or complete the project within ninety (90) days was due to circumstances beyond mover's and/or the owner ofthe structure at issue's, ifknown, control and that an extension of time on the moving permit is reasonable. (3) if the mover or the owner of the structure at issue, if known, establishes that that the failure to comply with the moving permit and/or complete the project within ninety (90) days was due to circumstances beyond mover's or the owner of the structure at issue's, if known .control and that an extension of time on the moving permit is reasonable, the Commission may allow the mover or the owner of the structure at issue, if known, up to ninety (90) days to comply with the moving permit, if the mover or the owner of the structure at issue, if known, submits a detailed plan and time schedule for the work at the hearing PM§ 1102.5. The procedure brought pursuant to this Section PM§ 1102 shall conform to the provisions of this Code, except to the extent those procedures directly conflict with this Section 1102 or the terms and requirements of the moving permit at issue. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-39 CHAPTER12 PROCEDURES FOR CONDUCT OF HEARING GENERAL §PM1201.1. Record. A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the Commission. §PM1201.2. Reporting. The proceedings at the hearing shall also be reported by a stenographic reporter, if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefore. Such fees may be established by the Commission, but shall in no event be greater than the cost involved. §PM1201.3 Continuances. The Commission may grant continuances for good cause shown. §PM1201.4. Oaths -Certification. In any proceedings under this Chapter, the Commission or any Board member has the power to administer oaths and affirmations and to certify to official acts. §PM1201.5 Reasonable Dispatch. The Commission and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due record shall be shown for the convenience and necessity of any parties or their representatives. SUBPOENAS §PM1202.1. Filing of Affidavit. The Commission may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of evidence at a hearing upon the request of a member of the Commission or upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit. §PM1202.2. Penalties. Any person who refuses, without lawful excuse, to attend any hearing, or produce material evidence in his possession or under his control as required by any subpoena served upon such person as provided herein shall be guilty of a misdemeanor. CONDUCT OF HEARING §PM1203.1. Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. §PM1203.02. Oral Evidence. Oral evidence shall be taken only on oath or affirmation. §PM1203.3. Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-40 §PM1203.4. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. §PM1203.5. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded. §PM1203.6. Rights of Parties. Each party shall have the following rights, among others: 1. To call and examine witnesses on any matter relevant to the issues of the hearing; 2. To introduce documentary and physical evidence; 3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing; 4. To impeach any witness regardless of which party first called him to testify; 5. To rebut the evidence against him; 6. To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so. §PM1203. 7. Official Notice. I. What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision of any fact which may be judicially noticed by the courts of this state or of official records of the Commission or Departments and Ordinances of the City or rules and regulations of the Commission. 2. Parties to be notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto. 3. Otmortunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of which such refutation to be determined by the Commission. 4. Inspection of the premises. The Commission may inspect any building or premises involved in the hearing during the course of the hearing, provided that, (a) the notice of such inspection shall be given to the parties before the inspection CITY OF LUBBOCK, TEXAS PROPERTY MA!NTENANCE CODE PAGE-41 is made, (b) the parties are given an opportunity to be present during the inspection, and (c) the Commission shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party shall then have a right to rebut or explain the matters so stated by the Commission. METHOD AND FOR.M: OF DECISION §PM1204.1. Hearing Before the Commission. Where a contested case is heard before the Commission no member thereof who did not hear the evidence or has not read the entire record of the proceedings shall vote on or take part in the decision. §PM1204.2. Form of Decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements for compliance. A copy of the decision shall be delivered to each party personally or sent to each party by United states Mail, certified, return receipt requested, postage prepaid. §PMI204.3. Effective Date ofDecision. The effective date of the decision shall be as stated therein. §PM1205.1 Filing and delivery of order. Within then (10) days after the date the order is issued, the Structural Standards Administrator shall: (a) file a copy of the Order in the office of the City Secretary; and (b) publish in a newspaper of general circulation in the City of Lubbock a notice containing: 1. the street address and legal description of the property; 2. the date of the hearing; 3. a brief statement indicating the results of the order; and 4. instructions stating where a complete copy of the Order may be obtained. CITY OF LUBBOCK, TEXAS PROPERTY MArNTENANCE CODE PAGE-42 CHAPTER13 ENFORCEMENT OF THE ORDER OF THE STRUCTURAL STANDARDS COMMISSION COMPLIANCE §PM1301.1. General. After any Order of the Commission made pursuant to this Code has become final, no person to whom any such Order is directed shall fail, neglect, or refuse to obey such Order. Any such person who fails to comply with any such Order, is guilty of a misdemeanor. §PM1301.2. Failure to Obey Order. If, after any Order of the Commission made pursuant to this Code has become final, the person to whom such Order is directed shall fail, neglect or refuse to obey such Order, the Structural Standards Administrator may, (1) cause such person to be prosecuted under section §PM1301.1 or, (2) institute any appropriate action to abate such building as a public nuisance. §PM1301.3. Posting. 1. Notice Contents. The Structural Standards Administrator shall, if ordered by the Commission or pursuant to section §PM1101.5, cause the building described in such Notice and Order to be vacated by posting at each entrance thereto a Notice reading: "SUBSTANDARD STRUCTURE UNLAWFUL TO OCCUPY It is a misdemeanor punishable by up to a $2,000 fine to occupy this structure, or to remove or deface this Notice. Structural Standards Administrator City of Lubbock." 2. Failure to Obey Notice. No person shall occupy any building which has been posted as specified in this Subsection. No person shall remove or deface any such notice so posted until the repairs, demolition, or removal ordered by the Structural CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-43 Standards Administrator have been completed and a certificate of Occupancy issued pursuant to the provisions of the Building Code. §PM1301.4. Additional Remedies. In addition to any other remedy herein provided, if the Order was for demolition and the person to whom it was directed shall fail, neglect or refuse to obey such Order, the Structural Standards Administrator may cause the building to be repaired or demolished, and the lot cleaned pursuant to this Code. §PM1302.l Repairs by city. If after the expiration of the period of time allowed in an Order of the Commission, the person to whom the Order was directed shall fail, neglect or refuse to obey such Order, then the Structural Standards Administrator may repair the building to the extent necessary to meet the minimum requirements of this Code at the expense of the Municipality. Costs incurred shall be assessed against the land on which the building stands or is attached and a Notice of Lien shall be filed as provided by section 214.0015(d) ofthe Texas Local Government Code. The Notice of Lien shall be substantially in the form required by this Code or by statute. §PM1303.1 Civil penalties. If after the expiration of the period of time allowed in an Order of the Commission, the person to whom the Order was directed shall fail, neglect or refuse to obey such Order, the Commission may assess a civil penalty as provided in chapter 214 of the Texas Local Government Code for failure to comply with the Order. The civil penalties shall be assessed against the land on which the building stands or stood and a Notice of Lien shall be filed as provided in Chapter 214.0015(d) of the Texas Local Government Code. The Notice of Lien shall be substantially in the form required by this Code or by statute. The Commission by order may assess and recover a civil penalty against a property owner at the time of an administrative hearing on violations of an ordinance, in an amount not to exceed $1,000 a day for each violation or, if the owner shows that the property is the owner's lawful homestead, in an amount not to exceed $10 a day for each violation if it is shown that after notification of this Code's requirements and the owner's need to comply with this Code, the property owner committed an act in violation of the ordinance or failed to take an action necessary for compliance with the ordinance. An assessment of a civil penalty is final and binding and constitutes prima facie evidence of the penalty. To enforce a civil penalty under this Section, the Structural Standards Administrator must file with the district clerk of Lubbock a certified copy of the order issued hereunder stating the amount and duration of the penalty. §PM1304.1 Interference with repair or demolition work prohibited. It shall be a misdemeanor for any person to obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City, or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this Code, or with any person to whom such building has been lawfully sold pursuant to the provisions of this Code, whenever such officer, employee, contractor or authorized representative of the City, person having an interest or estate in such building or structure, is demolishing any such building pursuant to the provisions of this Code, or is performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this Code. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-44 CHAPTER14 PERFORMANCE OF REPAIR, DEMOLITION OR OTHER WORK GENERAL §PM140l.l. Procedure. When any demolition or other work is to be done pursuant to this Code, the Structural Standards Administrator shall cause the work to be accomplished by City personnel or by private contract under the direction of the Structural Standards Administrator. Plans and specifications therefor may be prepared by the Structural Standards Administrator, or he may employ such architectural and engineering assistance on a contract basis as he may deem reasonably necessary. §PM1401.2. Costs. The cost of such work shall be paid from the Special Projects Fund established for that purpose, and such cost shall be made a special assessment against the property involved. DEMOLITION FUND §PM1402.1. 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 request of the Structural Standards Administrator to defray the costs and expenses which may be incurred by the City in doing or cause to be done the necessary demolition and related labors. §PM1402.2. 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 of 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. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-45 CHAPTER 15 RECOVERY OF CIVIL PENALTIES, COST OF REPAIR, DEMOLITION OR OTHER WORK §PMI50I.l Account of expense, filing of statements: contents. The Structural Standards Administrator shall keep an itemized account of the expense incurred by the City for administrative cost, demolition or removal of any structure and the cleaning of the lot where the structure was located, pursuant to the provisions of this Code, as amended. Upon completion of this abatement, the Structural Standards Administrator shall prepare a Notice of Lien specifying the work done, and the total cost of the work, a description of the real property upon which the structure was located, and the names and addresses of the persons entitled to notice pursuant to this Code. PM1501.2. Administrative cost. The administrative cost is defined as the sum of five hundred fifty dollars ($550.00) per occurrence which sum is hereby found to be the cost to the city of administering the terms of this ordinance. The administrative cost will be charged per lot, tract parcel of land, or across the adjacent sidewalk, parkway or alley. The administrative cost shall be adjusted annually commencing October 1, 2002, and each year thereafter, to correspond to the actual cost of providing the applicable services in accordance to section 1-1 0 of the Code of Ordinances for the city. §PM1502.l Notice transmitted to mayor. Upon completion of the Notice of Lien it shall be sent to the Mayor for his signature. The Notice shall then be recorded with the County Clerk as an assessment against and a lien upon the property. LIEN OF ASSESSMENT §PM1503.1. 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 secure the cost of street improvements after they have been so made. §PM1503.2. 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. often percent (1 0%) per annum from and after said date. §PM1504.1. Collection of assessment: penalties and foreclosure. For any such expenditures and interest, as aforesaid, suit may be instituted and foreclosure had in the name of the City of Lubbock; 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. §PM1505.1 Repayment of money expended. All money recovered by payment of the charge or assessment, including any interest thereon, or from the sale of the property at foreclosure sale shall be paid to the City Treasurer who shall credit the same to the General Fund. CITY OF LUBBOCK, TEXAS PROPERTY MAINTENANCE CODE PAGE-46