Article 3.200Amendments to Standard Building Code

Article 3.200Amendments to Standard Building Code

Chapter 3

Table of Contents

BUILDING REGULATIONS

Article 3.100Standard Building Code Adopt3-2

Article 3.200Amendments to Standard Building Code,

1991 Edition3-2

Article 3.300Adoption of Standard Mechanical Code

1991 Edition3-14

Article 3.400Amendments to Standard Mechanical Code

1991 Edition3-15

Article 3.500Electrical Code3-16

Article 3.600Adoption of Plumbing Code3-19

Article 3.700Amendments to Texas Municipal League

Plumbing Code, 1977 Edition3-19

Article 3.800Flood Damage Prevention Regulations3-21

Article 3.900Mobile Homes and Mobile Homes Parks3-36

Article 3.1000Street, Sidewalk and Alley Use Regulations3-42

Article 3.1100Construction Requirements for Streets, Driveways

and Other Public Rights of Way3-45

Article 3.1200Building Officials3-49

Article 3.1300Building Setback Line3-49

Article 3.1400Minimum Slab and /or Foundation Elevation 3-45

ARTICLE 3.100 STANDARD BUILDING CODE ADOPTED

Sec. 3.101: There is hereby adopted by the City of Ganado, Texas, for the purpose of establishing rules and regulations for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures, that certain Building Code known as the Standard Building Code, recommended by the Southern Building Code Congress, being particularly the 1991 Edition thereof, with 19921993 revisions, and the whole thereof, and in addition, the Standard Existing Building Code, being particularly the 1988 Edition with the 1991 revisions, except as herein amended by city ordinance, one (1) copy of said code with revisions of which is on file in he office of the City Secretary, and the same is hereby adopted and incorporated as fully as if set out at length herein, together with any subsequent additions, revisions, modifications or amendments to said Standard Building Code and the Standard Existing Building Code.

Sec. 3.102: The provisions of the Standard Building Code, 1991 Edition, with 19921993 revisions, and the Standard Existing Building Code, 1988 Edition, with 1991 revisions, shall be controlling in the construction of all buildings and other structures within the jurisdictional, and extra jurisdictional, territorial limits of the City of Ganado, Texas.

Sec. 3.103: All fees or charges due the city as established by the Ganado city code shall supersede the fees or charges due the city as set for the same item or service by the Standard Building Code or Standard Existing Building Code.

Sec. 3.104: Within said Standard Building Code, when reference is made to the duties of a certain official named therein, that designated official of the City of Ganado, Jackson County, State of Texas who has duties corresponding to those of the named official in said code shall be deemed to be the responsible official insofar as enforcing the provisions of said code are concerned.

(Ordinance No. 228 of June 1, 1993)

ARTICLE 3.200 AMENDMENTS TO STANDARD BUILDING CODE, 1991 EDITION

The Standard Building Code, 1991 Edition, adopted herein is hereby amended as follows:

AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.200, SECTION 3.203, SUBSECTION 7 (A) HOUSING BOARD OF APPEALS and SUBSTITUTING A BOARD OF CODE ENFORCEMENT and CHAPTER 3, ARTICLE 3.200, SECTION 3.203 SUBSECTION (10) MODIFYING THE PENALTY TO BE IMPOSED.

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF GANADO, TEXAS,

THAT CHAPTER 3, ARTICLE 3.200, SECTION 3.203; SUBSECTION 7 (A) be modified as follows, to-wit:

That there is hereby deleted from the terms, provisions and conditions of Section 3.201, Subsection 7 (a), City of Ganado Code of Ordinances, the following language, to-wit:

(7)HOUSING BOARD OF APPEALS ESTABLISHED.

(a)Creation of Board.There is hereby created a Board of Housing Appeals which shall consist of five (5) members appointed by the Mayor, subject to confirmation by the City Council. Initially, one (1) member shall be appointed to serve one (1) year; two (2) members to serve two (2) years; and two (2) members to serve three (3) years. After the initial appointment of the Board, each member shall be appointed or reappointed to serve a three (3) year term.

And there is hereby substituted in its place and stead the following language, to-wit:

(7) BOARD OF CODE ENFORCEMENT ESTABLISHED.

(a)Creation of Board.There is hereby created a Board of Code Enforcement which shall consist of five (5) members appointed by the Mayor, subject to confirmation by the City Council. Initially, one (1) member shall be appointed to serve one (1) year; two (2) members to serve two (2) years; and two (2) members to serve three (3) years. After the initial appointment of the Board, each member shall be appointed or reappointed to serve a three (3) year term.

(b)Wherein the term Housing Board of Appeals appears in the City of Ganado Code of Ordinances, the Board of Code Enforcement shall be substituted in its place and stead.

Amended May 13, 2003, Ord. 333

ARTICLE 3.200 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF GANADO, TEXAS, THAT CHAPTER 3, SECTION 3.203; SUBSECTION 10 be modified as follows, to-wit:

That there is hereby deleted from the terms, provisions and conditions of Section 3.201, Subsection (10), City of Ganado Code of Ordinances, the following language, to-wit:

(10)PENALTY. Any person, firm, or corporation who shall own or maintain any dangerous building of structure as those terms are defined herein, and who shall, after notice as provided in paragraph (4), fail to repair or eliminate the conditions which cause such building to be a dangerous building or structure, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in a sum not less than twenty-five ($25.00) no more than Two Hundred Dollars ($200.00), and each and every day's violation shall constitute a separate and distinct offense. In the event the owner or occupant of any dangerous building or structure shall be a corporation, the president, vice-president, secretary, and treasure of such corporation, or the manager, agent, or employee of such corporation also shall be separately liable for the penalties herein provided.

And there is hereby substituted in its place and stead the following language, to-wit:

(10)PENALTY. Any person, firm, or corporation who shall own or maintain any dangerous building of structure as those terms are defined herein, and who shall, after notice as provided in paragraph (4), fail to repair or eliminate the conditions which cause such building to be a dangerous building or structure, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined a sum not more than Five Hundred Dollars ($500.00), and each and every day's violation shall constitute a separate and distinct offense. In the event the owner or occupant of any dangerous building or structure shall be a corporation, the president, vice-president, secretary, and treasure of such corporation, or the manager, agent, or employee of such corporation also shall be separately liable for the penalties herein provided.

Severability Clause

If any portion of this ordinance is held unconstitutional by a court of competent jurisdiction, the remaining provisions hereof shall nevertheless be valid, the same as if the portion or portions held unconstitutional had not been adopted.

All ordinances and resolutions and parts thereof heretofore adopted and in conflict herewith be and the same are hereby expressly repealed in so far as they conflict herewith.

PASSED AND EFFECTIVE on this the 9th day of July, 2003.

Sec. 3.201:Section 102.1(b) of the Standard Building Code is Revised to Read as Follows:

(A)"102.1(b)Office of HousingBuilding Enforcement Official

(1)Creation of Office. There is hereby created the Office of HousingBuilding Enforcement Official. The title of this official shall be "Building Inspector."

(2)Appointment. This official shall be appointed by the Mayor, subject to the confirmation of the City Council. This appointment shall continue during proper conduct and satisfactory service. Such person shall not be removed from office except for cause and then only after full opportunity has been given for such person to be heard on specific charges before the City Council.

(3)Duties. It shall be the duty of the Building Inspector to enforce all laws and provisions specified in the adopted Code and other provisions specified by this section.

(4)Right of Entry. The Building Inspector, in the discharge of official duties and upon proper identification, shall have authority to enter any building, structure, or premises at any reasonable hour."

Sec. 3.202: Section 102.2 of the Standard Building Code is revised as follows:

(a)"The Building Inspector, with the approval of the City Council, may appoint inspectors or other employees as shall be authorized by the City Council."

Sec. 3.203: Section 103.4 of the Standard Building Code is Hereby Revised to Read as Follows: 103.4 - Unsafe and Dangerous Buildings and Structures"

(A)DANGEROUS BUILDINGS AND STRUCTURES PROHIBITED. It shall be unlawful for any person to own, maintain, or permit to stand upon any premises within the city any dangerous buildings and structures, and all such dangerous buildings and structures are hereby declared to be unlawful, and are hereby declared to be a public nuisance.

(1)DEFINITION OF TERMS.

(a)Dangerous Building or Structure. For the purpose of this section, a "dangerous building" or "dangerous structure" is defined as a building or structure which is dilapidated, substandard or unfit for human habitation and is a hazard to the public health, safety and welfare. A building or structure shall be presumed to be substandard and/or dangerous if said building or structure possesses one (1) or more of the following qualities:

(i) Any building or structure with roof, ceiling, floor, seal, or foundation, or any combination thereof which is rotted or decayed and falling apart; with windows out, uninhabitable, untenantable, and/or unsightly due to obsolescence and deterioration caused by neglect, vandalism, fire damage, aging, or the elements.

(ii)Any building or structure in danger of falling and injuring any person, persons, or other property which might be on and about said premises.

(iii)Any building or structure which is a fire menace by virtue of containing in or near said building or structure an accumulation of trash, rubbish, and/or debris; or which, by virtue of abandonment or neglect, is likely to attract children or transients who may start fires on said premises; or which contains an accumulation of combustible material which may take fire either by accident or on purpose.

(iv)Any building or structure which is in the condition or conditions described in (i), (ii), and (iii) above, and which is damp or in an unsanitary condition and is likely to create disease and sickness; or which is likely to provide breeding places and habitat for snakes, rats, mice, and other vermin which are detrimental to the public health.

(b)Building. For the purpose of this section, the term, "building," shall mean any structure of any kind or character, or any part thereof, which has been erected upon any land within the City limits of the City of Ganado, Texas, irrespective of the material from which such structure has been built.

(c)Structure. For the purpose of this section the term, "structure," shall mean a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile home, manufactured home, detached garage, fence, shed, or awning which has been erected upon any land within the City limits of the City of Ganado, Texas, irrespective of the material from which such structure has been built.

(2)INSPECTION.

An inspection shall be made of every building located within the City which is suspected of being in violation of this section. The Building Inspector and assistants are hereby authorized to conduct inspections of all such buildings suspected of being in violation of this section.

(3)NOTIFICATION OF VIOLATION AND REINSPECTION.

Whenever a violation of this section has been discovered and reported by an Inspector, the owner of the premises involved and the occupant, if any, shall be given a written notification, by the City Secretary, of the nature of the violation, the date on which the public hearing shall be held to determine whether the building or structure complies with the standards set out in this section, and the date on which a reinspection shall be made to determine if the violation has been eliminated. The City shall make a diligent effort to discover each mortgagee and lienholder before conducting the public hearing and shall give a notice of and an opportunity to comment at the hearing. After the public hearing, if a building or structure is found in violation of standards set out in this section, the City may order that the building or structure be vacated, secured, repaired, removed, or demolished by the owner within a reasonable time and an additional reasonable time for the ordered action to be taken by any of the mortgagees or lien holders in the event the owner fails to comply with the order within the time provided for action by the owner. The City shall furnish a copy of the order to a mortgagee or lienholder in the event the owner fails to timely take the ordered action. The City also may order that the occupants be relocated within a reasonable time. No reinspection shall be made until the person responsible for the violation under the provisions of this section has been given a reasonable time to eliminate the condition constituting the violation.

(4)DEMOLITION.

(a)Authority. Whenever a dangerous building or structure has been found to exist, and whenever the owner or occupant thereof has failed to correct the conditions which make such building or structure a dangerous building or structure within the meaning of this section, and when reinspection of such premises by the Building Inspector reveals that the building still constitutes an immediate danger of injury to the occupants of said premises or to adjoining property or persons or to the public, and the cost of alleviating the conditions which go to make said building or structure a dangerous building or structure is not reasonably related to the value of the building or structure, a notice of intent to order the demolition of the building or structure shall be served on the owner by certified mail to such owner's post office address as shown on the City tax rolls by the Inspector; or, if such address is unknown and cannot be ascertained by the exercise of reasonable diligence, such notice shall be served by publication for not less than two (2) times within ten (10) consecutive days in an official newspaper; and, in the event that the violation is not eliminated within thirty (30) days from the date of said notice, the City may demolish and remove said building, or cause the same to be done, and charge the expense incurred in doing such work, or having same done, to the owner of said land; and, if such work is done at the expense of the City, then said expense may be assessed to the lot, tract, or parcel of land, or the premises upon which the expense was incurred, or a civil penalty may be assessed against the property owner for failure to repair, remove or demolish the building or structure.

(b)Definition of Term. "Reasonably Related to Value of Building" For the purposes of this section, any repair, alteration, or improvement which is determined by the Building Inspector to cost more than fifty percent (50%) of the gross assessed valuation of the building, exclusive of land value, shall be deemed not to be "reasonably related to the value of the building."

(5)FILING OF STATEMENT OF EXPENSE AND CREATION OF LIEN.

The Mayor, City Manager, or the Building Inspector of the City shall file with the County Clerk of Jackson County a statement of expenses incurred under the preceding section giving the amount of such expenses and the date on which said work was done or such improvement was made; and the City shall have a privileged lien on such lot, lots, other premises, or real estate upon which said building or structure was located, in order to secure the repayment of the expenditures so made, unless it is a homestead as protected by the Texas Constitution. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the City for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the Jackson County Clerk's office. Said notice shall contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building or structure was located, the amount of expenses incurred by the City, and the balance due. If the notice is given and the opportunity to repair, remove, or demolish the building is afforded to each mortgagee and lienholder, the lien is a privileged lien second only to tax liens and all previously recorded bona fide mortgage liens attached to the real property to which the City's lien attaches; and the said amount shall bear six percent (6%) interest per annum from the date said statement was filed. The City's lien is superior to all other previously recorded judgment liens. It is further provided that suit may be filed by the City for recovery of the expenses so incurred and for the foreclosure of said lien; and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work.

(6)SCOPE OF SECTION.

The provisions of this section shall apply to all buildings or structures or portions thereof used, designed, or intended to be used for human habitation. Where any building or structure, or portion thereof, is used, designed, or intended to be used as a combination apartment hotel, then the provisions of this section shall apply to the separate portions as though they were separate buildings.