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OR 89-460 Enforcement of health and safety ordinances AN ORDINANCE OF THE CITY OF COPPELL, TE XAS ORDINANCE NO. 89460 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, BY ADDING THERETO A NEW ARTICLE 2-6 IMPLEMENTING SUBCHAPTER C OF CHAPTER 54, LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS; CREATING A BUILDING AND STANDARDS COMMISSION FOR THE CITY OF COPPELL, TEXAS; PROVIDING THAT SAID BOARD SHALL HAVE THE QUASI-JUDICIAL JURISDICTION AUTHORIZED BY SUBCHAPTER C TO ENFORCE THE HEALTH AND SAFETY ORDINANCES OF THE CITY OF COPPELL; PROVIDING PROCEDURE FOR HANDLING OF CASES AND CONDUCTING HEARINGS; DESIGNATING AN APPROPRIATE OFFICIAL OF THE CITY TO PRESENT CASES BEFORE THE COMMISSION; PROVIDING FOR NOTICE OF COMMISSION PROCEEDINGS; ESTABLISHING THE COMMISSION'S AUTHORITY TO ISSUE ORDERS AND DETERMINE AND IMPOSE CIVIL PENALTIES; PROVIDING FOR JUDICIAL REVIEW; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE, EXCEPT THAT THE PENALTY SHALL BE THAT FIXED BY STATE LAW WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE AND FOR ANY OFFENSE WHICH IS A VIOLATION OF ANY PROVISION OF THIS ORDINANCE THAT GOVERNS FIRE SAFETY, ZONING, PUBLIC HEALTH AND SANITATION, INCLUDING THE DUMPING OF REFUSE AS THAT TERM IS DEFINED BY SECTION 2.09 OF THE TEXAS LITTER ABATEMENT ACT, ARTICLE 4477-9A, VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, BY ADDING THERETO A NEW ARTICLE 2--6 Chapter 2 of the Code of Ordinances of the City of Coppell, Texas, is hereby amended by adding thereto a new Article 2-6 which shall read as follows: "ARTICLE 2 - 6 BUILDING AND STANDARDS COMMISSION Sec. 2-6-1 IMPLEMENTATION OF STATE STATUTE The City Council of the City of Coppell, Texas, by this adoptive ordinance, hereby implements Subchapter C of Chapter 54, Local Government Code of the State of Texas. Sec. 2-6-2 CREATION OF BUILDING AND STANDARDS COMMISSION A. A City of Coppell Building and Standards Commission is hereby established in accordance with the provisions of Subchapter C, Chapter 54 of the Local Government Code of the State of Texas. The Commission is established to hear and determine cases concerning alleged violations of the ordinances of the City of Coppell relating to: 1. The preservation of public safety, relating to the materials or methods used to construct a building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances or exits; 2. The fire safety of building or improvement, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design, or width of entrances or exits; 3. Relating to dangerously damaged or deteriorated buildings or improvements; or 4. Relating to conditions caused by accumulation of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents. B. Appointment. Members of the Commission shall be appointed by the City Council of the City of Coppe]l. Members shall meet the requirements for qualification established by the City Charter. The Commission shall be composed of five (5) members and four (4) alternate members. C. Terms of Members. Each member of the Building and Standards Commission shall be appointed for a two (2) year term. Provided, however, in order to establish staggered terms of office, two (2) of the initial members and two (2) of the initial alternate members shall be appointed for a one (1) year term. Thereafter, all appointments, except for an appointment to fill a vacancy which shall be filled for the unexpired term, shall be for two (2) year terms. D. Meetings. The Commission shall hold its meetings on the call of the Chairman, or upon written request of at ]east one (1) member of the Commission or at the request of the City Council. All meetings shall be open to the public. E. Quorum. All cases to be heard by the Commission must be heard by at least four (4) members. F. Chairman and Vice Chairman. A Chairman and a Vice Chairman shall be selected by the members of the Commission. After the initi8l selection of Chairman and Vice Chairman, such selection shall be conducted following the annual appointment of new members. G. Secretary. The Building Official of the City of Coppell, or authorized representative, shall serve as the Secretary of the Commission, but shah not be a member thereof. The Secretary shah keep a record of the cases, activities, and actions of the Commission and its determinations, give notice of the date and time of hearings, and perform such other duties as are consistent with or may be necessary for the enforcement of this article, as required by the Commission. H. Vote. The concurring vote of four (4) members of the Commission shall be necessary for the adoption of any motion, the issuance of any order or the determination of the amount and duration of any civil penalty. I. Rules and Regulations. The Commission shall adopt rules in accordance with this article and pursuant to Subchapter C, Chapter 54, Local Government Code. The rules shah establish procedures for use in hearings, providing ample opportunity for presentation of evidence and testimony by respondents or persons opposing charges brought by the municipality or its Building Officials relating to alleged violations of ordinances. See. 2-6-3 JURISDICTION AND AUTHORITY A. Jurisdiction. The Building and Standards Commission shall have the quasi judicial authority authorized by said Subchapter C to enforce the health and safety ordinances of the City of Coppell, Texas. (lOth) day before the date of the hearing before the Commission and must state the date, time, and place of the hearing. In addition, the notice must be published in the official newspaper of the City on one (1) occasion before the tenth (lOth) day before the date fixed for the hearing. Sec. 2-6-6 THE HEARING The Commission shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. The Commission shah keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the office of the Commission as public records. Sec. 2-6-7 RECORDING OF CIVIL PENALTY A determination by the Commission which involves the establishment of an amount and duration of a civil penalty shall be final and binding and constitute prima facie evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the City for final judgment in accordance with the established penalty. Sec. 2-6-8 DUTY OF CITY SECRETARY The City Secretary shall file with the district clerk of the county in which the municipalty and property is located, a certified copy of the order of the Commission establishing the amount and duration of any civil penalty. Thereafter, pursuant to Subchapter C, Chapter 54, Local Government Code, no other proof shall be required for a district court to enter final judgment on the penalty. Sec. 2-6-9 JUDICIAL REVIEW Any persons jointly or severally aggrieved by any decision of the Commission may present a petition to a district court, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the legality. The petition must be presented to the court within thirty (30) calendar days after the date a copy of the final decision of the Commission is mailed by first class mail, certified, return receipt requested, to all persons to whom notice is required to be sent. The Commission shall mail such copy promptly after the decision becomes final. In addition, a copy shall be published one (1) time in the official newspaper of the City within ten (10) calendar days after the date of the mailing of the copy as herein provided, and a copy shah be filed in the office of the City Secretary. On presentation of the petition, the court may allow a Writ of Certiorari pursuant to said Subsection C, Chapter 54, Local Government Code. If no appeals are taken from the decision of the B. Authority and Functions. The Building and Standards Commission may: 1. Order the repair, within a fixed period, of building found to be in violation of a City ordinance; 2. Declare a building substandard in accordance with the powers granted by Subchapter C, Chapter 54, Local Government Code; 3. Order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure the removal if it is determined that conditions exist on the property that constitute a violation of a City ordinance, and order action to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist; 4. Issue orders or directives to any peace officer of the state, including a sheriff or constable or the chief of police of the City, to enforce and carry out the lawful orders or directives of the Commission; 5. Determine the amount and duration of the civil penalty the City may recover against the owner or owner's representative with control over the premises on proof that such party was actually notified of the provisions of the ordinance, and after receiving notice of the ordinance provisions, said party committed acts in violation of the ordinalice or failed to take action necessary for compliance with the ordinance, such civil penalty not to exceed One Thousand Dollars ($1,000.00) a day for violation of such ordinance, all as provided by Section 54.017, Chapter 54, Local Government Code. See. 2-6-4 PRESENTATION OF CASES The Chief Building Official of the City shall present all cases before the Commission. Sec. 2-6-5 NOTICE Notice of all proceedings before the Commission must be given by certified mail, return receipt requested, to the record owner of the affected property, and each holder of a recorded lien against the affected property, as shown by the records of the office of the county clerk of the county in which the affected property is located if the address of the lienholder can be ascertained from the deed of trust establishing the lien or other applicable instruments on file in the office of the county clerk; and to all unknown owners, by posting a copy of the notice on the front door of each improvelnent situated on the affected property or as close to the front door as practical. The notice shall be mailed and posted before the tenth Commission within the required period, the decision of the Commission shall, in all things, be final and binding. Sec. 2-6-10 MUNICIPAL COURT PROCEEDINGS NOT AFFECTED Action taken by the City under this article shah not affect the ability of the City to proceed under the jurisdiction of the City's Municipal Court." SECTION 2. REPEALING CLAUSE All ordinances, or parts of ordinances, inconsistent or in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. SEVERABILITY CLAUSE If any article, paragraph or subdivision, clause or provision of this ordinance shah be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 4. PENALTY CLAUSE Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty of fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and for any offense which is a violation of any provision of this ordinance that governs fire safety, zoning, public health and sanitation, including the dumping of refuse as that term is defined by Section 2.09 of the Texas Litter Abatement Act, Article 4477-9A, Vernon's Annotated Civil Statutes, as amended, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION 5. EFFECTIVE DATE This ordinance shall take effect immediately from and after the publication of its caption as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the 12th day of December, 1989 APPROVED: Mark Wolfe MAYOR ATTEST: Dorothy Timmons , CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY CO89-1205 LWJ/sb