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OR 107 Establishes minimum requiremnts and standards for buildings that have been vacant for over 90 days ORDINANCE NO. 107 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING MINIMUM REQUIREMENTS AND STANDARDS FOR BUILDINGS AND STRUCTURES WITHIN THE CITY WHICH HAVE BEEN VACANT FOR OVER NINETY (90) DAYS; DEFINING THE PHRASE "NOT REASONABLY RELATED TO THE VALUE OF THE BUILDING"; PROVIDING FOR INSPECTION OF VACANT BUILDINGS; PROVIDING FOR A REPORT OF VIOLATIONS; PRO- VIDING FOR A TIME FOR REINSPECTION OF THE PROPERTY; PROVIDING FOR NOTICE TO PERSONS HAVING AN INTEREST IN THE BUILDING OR STRUCTURE OF SUCH VIOLATIONS; PROVIDING A PROCEDURE TO OBTAIN ADDITIONAL TIME TO ELIMINATE VIOLATIONS; PROVIDING FOR REIN- SPECTION OF THE PREMISES; PROVIDING PROCEDURE TO BE FOLLOWED IF VIOLATION IS NOT ELIMINATED; PROVIDING FOR AN ORDER OF DEMO- LITION IN CASES WHERE THE COST OF ELIMINATING THE VIOLATION IS NOT REASONABLY RELATED TO THE VALUE OF THE BUILDING OR STRUCTURE; PROVIDING NOTICE OF ORDER OF DEMOLITION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1: REQUIREI,~ENTS FOR VACANT BUILDINGS. Every dwelling, house, building or other similar structure (hereinafter referred to as building) within the cor- porate limits of the City of Coppell, Texas, which has been vacant for over ninety (90) days shall comply with the follow- ing requirements: A. All exterior doors and windows shall be kept in sound working condition and free of broken glass; B. All exterior doors shall be equipped with a workable lock or locking device and shall be kept securely locked during the period of time said building is vacant; C. All windows shall be secured by a latch, lock or other means so as to prevent easy entry into said structure by children, vagrants or other unauthorized persons; D. All exterior walls and roof shall be kept in good repair and free of holes, cracks, defective materials and structural deterioration so as to keep such building from be- coming a breeding place ~or rodents, pigeons, cockroaches and disease carrying varmits; E. Both the interior and exterior of said build- ing and the premises thereon shall be kept free of any accumula- tion of paper, hay, moss or other flammable or combustible rub- bish or waste material of sufficient quantity to constitute a danger to said building or any other building or premises in case such waste material should become ignited; F. Both the interior and exterior premises shall be kept free of any accumulation of trash, garbage, rubbish or any waste material of such quantity as to constitute an unsani- tary condition. Section 2: INSPECTION OF VACANT BUILDINGS. The Building Inspector of the City shall make an inspection of every building located with the corporate limits of the City which has remained vacant for over ninety (90) days and it shall be the duty of such inspecting officer to make written notation of any violation of this Ordinance which he discovers and to report such violation to his superior. Section 3: DATE SET FOR REINSPECTION. Whenever a violation of this Ordinance has been discovered and reported by an inspecting officer, the Building Inspector shall determine what reasonable time should be re- quired for the elimination of such violation and shall in ac- cordance with such determination set a time for reinspection of the premises. Section 4: NOTICE OF VIOLATION AND DATE OF REINSPECTION. The Building Inspector shall give written notice to the owner of such building stating the nature of the viola- tion and the date on which a reinspection shall be made to de- termine if the violation has been eliminated. No reinspection shall be made until the person responsible for the violation under the provisions of this Ordinance shall have been given a reasonable time to eliminate the violation. Any owner may elimi- nate the violation regardless of cost or may demolish the build- ing to obtain compliance with the provisions of this Ordinance. Provided, however, when the building is a nonconforming use, as defined by the Zoning Ordinance, that ordinance shall control as to whether such structure should be repaired or demolished. Section 5: POSTPONEMENT OF REINSPECTION DATE TO ALLOW ADDITIONAL TIME TO ELIMI- NATE VIOLATION. Any person receiving written notification of a violation of this Ordinance may request a postponement of the reinspection date to allow additional time to eliminate the violation. Such request shall be made in writing to the Build- ing Inspector ~ho shall forward such request to the City Council. Such request shall specifically set forth the time extension needed and requested. Section 6: REINSPECTION OF PR~4ISES. At the time set for reinspection of the premises whether the same be the time first established by the Building Inspector or the time extended by action of the City Council, the Building Inspector shall make his reinspection of the premises. If the Building Inspector finds, upon such reinspec- tion of the premises, that the violation has not been eliminated, the Building Inspector shall make a written report, including therein his findings, his estimate of the cost of eliminating the violation by repairs; the assessed valuation of the build- ing as the same appears on the tax rolls of the City and whether or not, in his opinion, such a violation presents an immediate danger to the public. Section 7: ISSUANCE OF ORDER OF DEMOLITION. If the report of the Building Inspector shows that the cost of repairs necessary to eliminate the violation is more than 50% of the assessed valuation of the buidling as shown on the tax records of the City, such repairs shall be deemed not reasonably related to the value of the building. If the cost to eliminate the violation is not reasonably related to the value of the building and the Building Inspector has determined that such violation presents an i~ediate danger to the public, the Building Inspector shall forward such report to the City Council and if the City Council, after due consideration, con- curs in such findings, said building shall be deemed a public nuisance and the City Council may issue an order that such building be demolished. A copy of such Order of Demolition shall be served upon the owner, lessee, mortgagee and any other person having an interest in the building or structure to be demolished, as shown by the Deed Records of the County. Service of such Order shall be by Certified Mail, Return Receipt Requested. If, at the expiration of thirty (30) days from the date of such notice, as shown on the return receipt, the building ordered demolished has not been demolished, the City Council may direct the City Attorney to file suit in any Court of competent jurisdiction and if such Court shall de- termine said building to be a public nuisance, the same shall be demolished at the expense of the owner by the City, or its contractor. The City shall in each such case receive bids to demolish, which shall include sale to the contractor making such bid all salvageable materials from such building. The net cost of the demolition shall be charged to the owner, and, if any balance remains, it shall be held for the owner or other parties entitled thereto. If the cost of demolition exceeds the value of materials of such building or structure, such ex- cess shall be charged as a lien upon the real property on which the building is situated. In addition to the cost of demolition the City shall also recover its administrative costs, court costs and reasonable Attorney's fees which shall be charged as a lien upon the real property on which the building or structure is located. SECTION 7. REPEALING CLAUSE All ordinances or parts of ordinances in so far as they are inconsistent wi~ or in conflict with the provisions of this ordinance are hereby repealed. However, the repeal of existing Ordinances by this ordinance shall not effect or prevent the prosecution or the punishment of any person for any act done or committed prior to the effective date of this ordinance in violation of any ordinance hereby repealed; and prosecution for such offenses may be instituted and causes presently pending proceeded with in all respects as if such prior ordinance or ordinances had not been repealed. SECTION 8. SEVERABILITY CLAUSE. If any article, paragraph or sub-division, clause, phrase or provision of this Ordinance shall be adjudged in- valid 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 uncon- stitutional. SECTION 9. PENALTY CLAUSE. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a mis- demeanor and, upon conviction, shall be fined not to exceed the sum of two hundred ($200.00) dollars for each offense and each and every day such offense is continued shall constitute a new and separate offense. SECTION 10. EMERGENCY CLAUSE The fact that the present City regulations are in- adequate to properly protect the public health, safety and welfare, creates an urgency and an emergency and requires that this Ordinance shall take effect immediately from and after the publication of its caption as the law in such cases pro- vides. Coppell, AT ~ST: IT SEq APP OVED AS TO FORM: