O85 (Substandard Buildings)f
f
L
..
C~ ~~~~'~A~Y
~~~IC~A~. ~iL~ COPY
ORDINANCE NO. 85
AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 15 OF THE
KENNEDALE CITY CODE, AS AMENDED, BY ESTABLISHING
REGULATIONS APPLICABLE TO DANGEROUS AND SUBSTANDARD
BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL,
SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD
BUILDINGS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas is a Type A general-law municipality
located in Tarrant County, created in accordance with the provisions of Chapter 6 of the
Local Government Code and operating pursuant to the enabling legislation of the State of
Texas; and
WHEREAS, the City Council of the City of Kennedale deems it necessary to adopt
this ordinance providing minimum standards to safeguard the health, property and welfare
of the citizens of Kennedale by regulating and controlling the use, occupancy, maintenance,
repair, vacation, removal, demolition, and abatement of substandard or dangerous buildings
within the City of Kennedale; and
WHEREAS, Chapter 214 of the Local Government Code authorizes a municipality
to regulate substandard buildings and establishes procedures thereof; and
WHEREAS, it is the intention of the City Council of the City of Kennedale to
establish minimum standards for the continued use and occupancy of all buildings regardless
of the date of their construction and to provide for the giving of proper notice to the owner
of a building and to provide for a public hearing to determine whether a building complies
with the standards set out in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION I.
That Article II of Chapter 15 of the Kennedale City Code, as amended, is hereby
amended to read as follows:
f:\files\kennedal\ordinanc\substand.rl5 (10-11A5)
"ARTICLE II. DANGEROUS AND SUBSTANDARD BUILDINGS
Sec. 15-46 Purpose and Scope
(1) Purpose. It is the purpose of this Article to provide a just,
equitable and practical method, to be cumulative with and in addition to any
other remedy provided by the Building Code, Chapter 214 of the Local
Government Code, or otherwise available at law, whereby buildings, as defined
herein, which from any cause endanger the life, limb, health, morals, property,
safety or welfare of the genera] public or their occupants and maybe required
to be repaired, vacated, demolished, removed or secured.
(2) Scope. The provisions of this Article shall apply to al] buildings
which are hereinafter defined as dangerous or substandard buildings whether
now in existence as such or whether they may hereafter become dangerous.
Sec. 15-47 Definitions
(1) Building means and includes any building, fence, awning,
canopy, sign, shed, garage, house, tent or other structure whatsoever and the
enumeration of specific types of structures shall not be deemed to exclude
other types of structures to which the sense and meaning of the provisions
hereof in context reasonably have application.
(2) Building Code is the Uniform Building Code promulgated by the
International Conference of building officials, as amended and adopted by the
City of Kennedale.
(3) Fire Code is the Uniform Fire Code promulgated by the
International Fire Code Institute as adopted and amended by the City of
Kennedale.
(4) Building Board of Appeals (sometimes referred to as "the
Board") is the Board created by Ordinance No. 86.
Sec. 15-48 Enforcement
(1) General.
f:\files\kennedal\ordinanc\substand.rl5 (10-i1-95) 2
(a) Administration. The building official is hereby
authorized to enforce the provisions of this Article. The building
official shall have the power to render interpretations of this Article
and to adopt and enforce rules and supplemental regulations in order
to clarify the application of its provisions. Such interpretations, rules
and regulations shall be in conformity with the intent and purpose of
this Article.
(b) Inspections. The building official and the fire marshal or
their designees are hereby authorized to make such inspections and
take such actions as may be required to enforce the provisions of this
Article.
(c) Right of Entry. When it is necessary to make an
inspection to enforce the provisions of this Article, or when the
building official or his designee has a reasonable cause to believe that
there exists in a building or upon a premises a condition which is
contrary to or in violation of this Article which makes the building or
premises unsafe, dangerous, or hazardous, the building official or his
designee may enter the building or premises at reasonable times to
inspect or perform the duties imposed by this Article, provided that if
such building or premises be occupied that credentials be presented to
the occupant and entry requested. If such building or premises be
unoccupied, the building official or his designee shall first make a
reasonable effort to locate the owner or other person having charge or
control of the building or premises and request entry. If entry is
refused, the building official shall have recourse to the remedies
provided by law to secure entry.
(2) Abatement of Dangerous or Substandard Buildings. All
buildings or portions thereof which are determined after inspection by the
building official to be dangerous or substandard as defined by this Article are
hereby declared to be public nuisances and shall be abated by repair, vacation,
demolition, removal or securing in accordance with the procedures specified
in this Article.
(3) Unlawful to Violate Article. It shall be unlawful for any person,
firm or corporation to erect, construct, or use, occupy or maintain any building
or cause or permit the same to be done in violation of this Article.
f:\files\kennedal\ordinanc\substand.rl5 (10-11-95) 3
(4) Inspection Authorized. All buildings within the scope of this
Article and all construction or work for which a permit is required shall be
subject to inspection by the building official.
Sec. 15-49 Substandard Buildings Declared
For the purposes of this Article, any building, regardless of the date of
its construction, which has any or all of the conditions or defects hereinafter
described shall be deemed to be a substandard building:
(1) Any building that is dilapidated, substandard, or unfit for human
habitation and a hazard to the public health, safety and welfare.
(2) Any building that, regardless of its structural condition, 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.
(3) Any building that is boarded up, fenced or otherwise secured in
any manner if:
(a) The building constitutes a danger to the public even
though secured from entry; or
(b) The means used to secure the building are inadequate to
prevent unauthorized entry or use of the building in the manner
described by Section IV(2) above.
(4) Whenever any door, aisle, passageway, stairway or other means
of exit is not of sufficient width or size or is not so arranged as to provide safe
and adequate means of exit in case of fire or panic.
(5) Whenever the walking surface of any aisle, passageway, stairway
or other means of exit is so warped, worn, loose, torn or otherwise unsafe as
to not provide safe and adequate means of exit in case of fire or panic.
(6) Whenever the stress in any materials, or members or portion
thereof, due to all dead and live loads, is more than one and one half times
f:\riles\kennedal\ordinanc\substand.rl5 (10-11-95) 4
the working stress or stresses allowed in the Building Code for new buildings
of similar structure, purpose or location.
(7) Whenever any portion thereof has been damaged by fire,
earthquake, wind flood or by any other cause, to such an extent that the
structural strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the Building Code
for new buildings of similar structure, purpose or location.
(8) Whenever any portion or member or appurtenance thereof is
likely to fail, or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
(9) Whenever any portion of a building, or any member,
appurtenance or ornamentation on the exterior thereof is not of sufficient
strength or stability, or is not so anchored, attached or fastened in place so as
to be capable of resisting a wind pressure of one half of that specified in the
Building Code for new buildings of similar structure, purpose or location
without exceeding the working stresses permitted in the Building Code for
such buildings.
(10) Whenever any portion thereof has wracked, warped, buckled or
settled to such an extent that walls or other structural portions have materially
less resistance to winds or earthquakes than is required in the case of similar
new construction.
(11) Whenever the building, or any portion thereof, because of (a)
dilapidation, deterioration or decay; (b) faulty construction; (c) the removal,
movement or instability of any portion of the ground necessary for the
purpose of supporting such building; (d) the deterioration, decay or
inadequacy of its foundation; or (e) any other cause, is likely to partially or
completely collapse.
(12) Whenever, for any reason, the building, or any portion thereof,
is manifestly unsafe for the purpose for which it is being used.
(13) Whenever the exterior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through the
center of gravity does not fall inside the middle one third of the base.
f:\files\kennedal\ordinanc\substand.rl5 (10-11-95) 5
(14) Whenever the building, exclusive of the foundation, shows 33
percent or more damage or deterioration of its supporting member or
members, or 50 or more percent damage or deterioration of its non-
supporting members, enclosing or outside walls or coverings.
(15) Whenever the building has been so damaged by fire, wind,
earthquake, flood or other causes, or has become so dilapidated or
deteriorated as to become (a) an attractive nuisance to children; or, (b) a
harbor for vagrants, criminals or immoral persons.
(16) Whenever any building has been constructed, exists or is
maintained in violation of any specific requirement or prohibition applicable
to such building provided by the building regulations of this jurisdiction, as
specified in the Building Code, or of any law or ordinance of this state or
jurisdiction relating to the condition, location or structure of buildings.
(17) Whenever any building which, whether or not erected in
accordance with all applicable laws and ordinances, has in any non-supporting
part, member or portion less than 50 percent, or in any supporting part,
member or portion less than 66 percent of the (a) strength, (b) fire-resisting
qualities or characteristics, or (c) weather-resisting qualities or characteristics
required by law in the case of a newly constructed building of like area, height
and occupancy in the same location.
(18) Whenever a building, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage,
faulty construction or arrangement, inadequate light, air or sanitation facilities,
or otherwise, is determined by the building official to be unsanitary, unfit for
human habitation or in such a condition that is likely to cause sickness or
disease for reasons including, but not limited to, the following:
(a) Lack of, or improper water closet, lavatory, bathtub or
shower in a dwelling unit or lodging house.
(b) Lack of, or improper water closets, lavatories and
bathtubs or showers per number of guests in a hotel.
(c) Lack of, or improper kitchen sink in a dwelling unit.
f:\files\kennedal\ordinanc\substand.rl5 (10-11-95) 6
(d) Lack of hot and cold running water to plumbing fixtures
in a hotel.
(e) Lack of hot and cold running water to plumbing fixtures
in a dwelling unit or lodging house.
(f) Lack of adequate heating facilities.
(g) Lack of, or improper operation of, required ventilating
equipment.
(h) Lack of minimum amounts of natural light and
ventilation required by this code.
(i) Room and space dimensions less than required by this
ordinance or the building code.
(j) Lack of required electrical lighting.
(k) Dampness of habitable rooms.
(1) Infestation of insects, vermin or rodents.
(m) General dilapidation or improper maintenance.
(n) Lack of connection to required sewage disposal system.
(o) Damaged connections to a sewage disposal system that
results in flow of sewage on the ground.
(p) Lack of adequate garbage and rubbish storage and
removal facilities.
(19) Whenever any building, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient fire-
resistive construction, faulty electric wiring, gas connections or heating
apparatus, or other cause, is determined by the fire marshal to be a fire
hazard.
f:\files\kennedal\ordinanc\subsland.rl5 (10-11AS) 7
(20) Whenever any building is in such a condition as to make a
public nuisance known to the common law or in equity jurisprudence.
(21) Whenever any portion of a building remains on a site after the
demolition or destruction of the building.
(22) Whenever any building is abandoned so as to constitute such
building or portion thereof an attractive nuisance or hazard to the public.
(23) Any building constructed and still existing in violation of any
provision of the Building Code or Uniform Fire Code to the extent that the
life, health or safety of the public or any occupant is endangered.
(24) Whenever the building is in violation of Chapter 4, Article IV
of this Code.
Sec. 15-50 Determination by Building Official
When the building official has inspected or caused to be inspected any
building and has found and determined that the building is substandard, the
building official may take any or all of the following actions, as he or she
deems appropriate:
(1) Issue notice to the record owner that the building is substandard
and must be repaired or demolished; or
(2) Issue citation(s) for violation(s) of this Article; or
(3) Secure the building if permitted by Subsection XII(1) below; or
(4) Recommend to the Board that abatement proceedings be
commenced pursuant to Section VI below.
Sec. 15-51 Public Hearing For Abatement of Substandard Buildings
(1) Commencement of Proceedings. When the building official has
found and determined that a building is a substandard building, the building
official shall commence proceedings to cause the repair, vacation, relocation
of occupants, removal, demolition or securing of the building.
f:\riles\kennedal\ordinanc\substand.d5 (10-11-95) g
(2) Public Hearing to be Held. Except when the City Council finds
that a building is likely to immediately endanger persons or property, a public
hearing before the Board shall be held to determine whether a building
complies with the standards set out in Section IV above. If the City Council
determines that the building constitutes an immediate danger, the procedures
set forth in Section XII shall be followed.
(3) Notice. Not less than ten (10) days prior to the date on which
the hearing is set, the building official shall issue a notice of the public hearing
directed to the record owner of the building, and to all mortgagees and
lienholders. The city shall use best efforts to determine the identity and
address of any owner, lienholder or mortgagee of the building through the
records of the county clerk in the county in which the building is located and
through any other source available to the city. The notice shall contain:
(a) The name and address of the record owner;
(b) The street address or legal description sufficient for
identification of the premises upon which the building is located;
(c) A statement that the building official has found the
building to be substandard or dangerous, with a brief and concise
description of the conditions found to render the building dangerous
or substandard under the provisions of Section IV above;
(d) A statement 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 this Article, and the time it will
take to reasonably perform the work;
(e) Notice of the time and place of the public hearing; and
(f) A statement that if the building is found to be in
violation of this Article, the Board may order that the building be
vacated, secured, repaired, removed or demolished within a reasonable
time.
(4) Additional Notice of Public Hearing. Prior to the public
hearing, the City may file a copy of the notice mailed pursuant to Section
IV(3) above in the official public records of real property in the county in
f:\riles\kennedal\ordinanc\substand.rl5 (10-11-95) 9
which the property is located. If such notice is not filed of record, each
identified mortgagee and lienholder must be notified of any abatement order
issued by the Board at the public hearing, prior to any remedial action by the
City.
(5) Burden of Proof. At the public hearing, the owner, lienholder
or mortgagee has the burden of proof to demonstrate the scope of any work
that may be required to comply with this Article, and the time it will take to
reasonably perform the work.
(6) Conduct of Public Hearing. At the public hearing, the owner
of the building, and all other interested persons may make their appearance
and be heard. Any evidence may be received and considered by the Board.
The chairman of the Board, or in his absence, any officer designated by rules
adopted by the Board to preside at meetings, shall preside and shall determine
all questions of order. The hearing may be adjourned from day to day or
continued upon a majority vote of the Board.
Sec. 15-52 Order of Building Board of Appeals
(1) Findings of the Board. If the Board, by a majority vote, finds
upon evidence presented at the public hearing that the building is in violation
of standards set out in Section IV, the Board may order that the building be
repaired, vacated, removed or demolished, secured, or the occupants
relocated, by the owner, mortgagee or lienholder within a reasonable time as
provided herein.
(2) Time Allowed to Complete Work.
(a) The order must require the owner, lienholder or
mortgagee of the building to within 30 days:
(i) Secure the building from unauthorized entry;
and/or
(ii) Repair, remove or demolish the building unless
the owner or lienholder establishes at the hearing that the work
cannot reasonably be performed within 30 days.
f:\files\kennedal\ordinanc\substand.rl5 (10-11-95) ) O
(b) If the Board allows the owner, lienholder or mortgagee
more than thirty (30) days to repair, remove or demolish the building,
the Board 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 Board.
(c) The Board may not allow the owner, lienholder or
mortgagee more than ninety (90) days to repair, remove or demolish
the building or fully perform all work required to comply with the
order unless the owner lienholder or mortgagee:
(i) Submits a detailed plan and time schedule for the
work at the hearing; and
(ii) Establishes at the hearing that the work cannot be
reasonably completed within ninety (90) days because of the
scope and complexity of the work.
(d) If the Board 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 building, the Board shall require the
owner, lienholder or mortgagee to regularly submit progress reports to
the building official 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 Board or
the building official to demonstrate compliance with the time schedules.
(3) Contents of order. The order of the Board must contain at
minimum:
(a) An identification which is not required to be a legal
description, of the building and the property on which it is located; and
(b) A brief description of the violation of minimum standards
present in the building; and
f:\riles\kennedal\ordinanc\substand.rl5 (10-11-95) 11
(c) A description of the ordered actions, including a
statement that the owner may repair, if feasible, or demolish or remove
at his option; and
(d) A statement that the City will vacate, secure, remove or
demolish the building or relocate the occupants of the building if the
ordered action is not taken within the time allowed, and charge the
cost to the property; and
(e) If the Board has determined that the building will
endanger persons or property, or if the building is a dwelling with 10
or fewer dwelling units, a statement that the city may repair the
building and charge the costs to the property if the ordered action is
not taken within the time allowed.
Sec. 15-53 Notice of Order of Building Board of Appeals
(1) Order Shall be Mailed. After the public hearing, the building
official shall promptly mail, by certified mail, return receipt requested, a copy
of the order to the record owner of the building, and each identified
lienholder and mortgagee of the building.
(2) Order Shall be Filed with City Secretary. Within ten (10) days
after the date that the order is issued by the Board, the building official shall
file a copy of the order in the office of the City Secretary.
(3) Order Shall be Published. Within ten (10) days after the date
the order is issued by the Board, the building official shall publish in a
newspaper of general circulation within the City a notice containing:
(a) The street address or legal description of the property;
and
(b) The date the hearing was held; and
(c) A brief statement indicating the results of the order; and
(d) Instructions stating where a complete copy of the order
may be obtained.
f:\tiles\kennedal\ordinanc\substand.rl5 (10-11-95) 12
Sec. 15-54 Enforcement of the Order of Building Board of Appeals
(1) If order not complied with, City may take action. If the building
is not vacated, secured, repaired, removed or demolished within the time
specified by the order, the City may vacate, secure, repair, remove or demolish
the building or relocate the occupants at its own expense, provided however:
(a) The City may not act to remove or demolish a building
until after the Board has found:
(i) That such defects or conditions exist to the extent
that the life, health, property or safety of the public or the
occupants of the building are endangered; and
(ii) The building is infeasible of repair; or
(iii) There is no reasonable probability that the
building will be repaired within a reasonable period of time if
additional time is given.
(b) The city may only repair a building as provided herein to
the extent necessary to correct the conditions which render the building
dangerous, and may not act to repair a building unless:
(i) The Board has made a determination that the
building is likely to endanger person or property; and
(ii) The building is a residential dwelling with ten (10)
or fewer dwelling units.
(2) Posting of Notice to Vacate Building. If the order requires
vacation or if compliance is not had with the order within the time specified
therein, the building official is authorized to require that the building be
vacated. Notice to vacate shall be mailed by certified mail, return receipt
requested to the occupant of the building and it shall be posted at or upon
each entrance to the building and shall be in substantially the following form:
f:\files\kennedal\ordinanc\substand.rLS (10-11-95) 13
"SUBSTANDARD BUILDING
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this
building or to remove or deface this notice.
Building Official
City of Kennedale"
(3) Remedial Action by City. Any repair or demolition work, or
securing of the building shall be accomplished and the cost thereof paid and
recovered in the manner hereinafter provided. Any surplus realized from the
sale of such building, or from the demolition thereof, over and above the cost
of demolition and cleaning of the lot, shall be paid over to the person or
persons lawfully entitled thereto.
(4) Failure to Obey Order. Any person to whom an order pursuant
to Section VII is directed who fails, neglects or refuses to comply with such
order shall be guilty of a misdemeanor and may be prosecuted in municipal
court in addition to any other remedies available to the City provided herein.
(5) Interference Prohibited. No person shall 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 the
building which has been ordered repaired, vacated, demolished, removed or
secured under the provisions of this Article; or with any person to whom such
building has been lawfully sold pursuant to the provisions of this Article,
whenever such officer, employee, contractor or authorized representative of
the City, person having an interest or estate in such building, or purchaser is
engaged in the work of repairing, vacating and repairing, or demolishing,
removing or securing any such building pursuant to the provision of this
Article, or in performing any necessary act preliminary to or incidental to such
work or authorized or directed pursuant to this Article.
f:\riles\kennedal\ordinanc\substand.rl5 (10-11-95) 14
(6) Permit Required. Any work of closure, repair, removal or
demolition by the property owner or any lienholder or mortgagee or their
agents must be performed pursuant to valid unexpired permits issued by the
City. All permits issued pursuant to an order of the Board shall expire upon
expiration of the time for compliance set forth in the order.
Sec. 15-55 Performance of Work by the City
(1) Procedure. When any work of repair, removal, demolition or
securing is to be performed by the City pursuant to the provisions of any
order of the City Council or the Board, the work maybe accomplished by City
personnel or by private contract as may be deemed necessary. Rubble and
debris shall be removed from any premises and the lot cleaned if removal or
demolition is ordered. The building or building materials may be sold if
removal or demolition is ordered, and the proceeds shall be used to offset
other costs of the work.
(2) Costs. The cost of such work shall be paid from City funds and
shall constitute a special assessment and a lien against such property to secure
payment thereof, together with ten percent (10%) interest on such amount
from the date on which the work is performed.
(3) Repair to Minimum Standards Only. The City may repair the
building at its own expense and assess the expenses on the land on which the
building stands or is attached to only to the extent necessary to bring the
building into compliance with minimum standards.
Sec. 15-56 Recovery of Cost of Securing, Repair, Removal or Demolition
(1) Itemized Account and Notice of Lien. The building official shall
keep an itemized account of the expenses incurred by the City in the securing,
repair, removal or demolition of any building pursuant to this Article. Upon
completion of the work, the Building Official shall prepare and file with the
City Secretary a sworn account and Notice of Lien containing the following
information:
(a) The name and address of the owner if that information
can be determined with a reasonable effort;
f:\ffiles\kennedal\ordinanc\substand.rl5 (10-11-95) IS
(b) A legal description of the real property on which the
building is or was located;
(c) The type of work performed; and
(d) The amount of expenses incurred by the city in
performing the work and the balance due.
(2) Notice Filed in County Records. The City Secretary shall file
the Notice of Lien along with a copy of the order of abatement issued by the
Board in the deed records of the county in which the premises are located.
(3) Personal Obligation of Property Owner. The expenses incurred
by the City as set forth in the sworn account of the building official shall be
a persona] obligation of the property owner in addition to a priority lien upon
the property. The City Attorney may bring an action in any court of proper
jurisdiction against the owner or property to recover the costs incurred by the
City.
(4) Lien Shall be Valid and Privileged. Upon filing of the Notice
of Lien in the Deed Records of Tarrant County, Texas, the lien shall be valid
against the property so assessed. The lien shall be privileged and subordinate
only to tax liens, and shall be paramount to all other liens. The lien shall
continue until the assessment and all interest due and payable thereon has
been paid.
(5) Assessment Must be Paid. No utility service, building permit or
certificate of occupancy shall be allowed on any such property until the
assessment is paid and such lien is released by the City.
(6) Release of Lien. After the expenses incurred by the City, as set
forth in the sworn account of the building official, have been fully paid with
interest of ten percent (10%) per annum from the date the work was
performed, the building official shall execute a release of lien which shall be
filed in the Deed Records of Tarrant County, Texas.
Sec. 15-57 Additional Authority to Secure Certain Substandard Buildings
Prior to Public Hearing and Secure, Demolish, Repair or Remove Certain
Dangerous Buildings
f:\files\kennedal\ordinanc\substand.rl5 (10-11-95) 16
(1) Securing of Unoccupied, Substandard Building.
Notwithstanding any other provisions of this Article the City may secure a
building if the building official determines:
(a) That the building violates the minimum standards set
forth in Section IV above; and
(b) That the building is unoccupied or is occupied only by
persons who do not have the right of possession to the building.
(2) If Building Creates Immediate Danger. Notwithstanding any
other provisions of this Article, if the City Council finds that a building is likely
to immediately endanger persons or property the City Council may:
(a) Order the owner of the building, the owner's agent, or
the owner or occupant of the property on which the structure is located
to repair, remove, or demolish the structure, or the dangerous part of
the structure, within a specified time; or
(b) Repair, remove, or demolish the structure, or the
dangerous part of the structure, at the expense of the municipality, on
behalf of the owner of the structure or the owner of the property on
which the structure is located, and assess the repair, removal, or
demolition expenses on the property on which the structure was
located.
(3) Before the eleventh (11th) day after the date the building is
secured pursuant to Subsection XII(1) above, or action is ordered pursuant
to Subsection XII(2)(a) above, or the building is repaired, removed or
demolished pursuant to Subsection XII(2)(b) above, the building official shall
give notice to the owner by:
(a) Personally serving the owner with written notice; or
(b) Depositing the notice in the United States mail addressed
to the owner at the owner's post office address; or
(c) Publishing the notice at least twice within a ten (10) day
period in a newspaper of general circulation in the county in which the
f:\files\kennedal\ordinanc\substand.rl5 (10-11-95) 17
building is located, if personal service cannot be obtained and the
owner's post office address is unknown; or
(d) Posting the notice on or near the front door of the building if
personal service cannot be obtained and the owner's post office
address is unknown; and
(e) In addition to the above, depositing notice in the United
States mail to all lienholders and mortgagees who can be determined
from a reasonable search of instruments on file in the office of the
county clerk.
(4) The notice must contain:
(a) An identification, which is not required to be a legal
description, of the building and the property on which it is located;
(b) A description of the violation of the minimum standards
present in the building;
(c) A statement that the city will secure or has secured, as
the case may be, the building, or that the City has taken or will take
the action ordered pursuant to Subsection XII(2) above;
(d) An explanation of the owner's entitlement to request a
hearing about any matter relating to the City's securing, removing,
demolishing or repairing of the building.
(5) The City Council shall conduct a hearing at which the owner
may testify or present witnesses or written information about any matter
relating to the City's securing, repairing, removing or demolishing of the
building, if, within thirty (30) days after the date the City has taken action
pursuant to Subsections XII(1) or (2) above, the owner files with the City a
written request for the hearing. The hearing shall be conducted within twenty
(20) days after the date the request is filed.
(6) If the City incurs expenses under this Subsection, such expenses
incurred shall be a personal obligation of the property owner in addition to
a priority lien upon the property, and costs shall be recovered as provided by
Section X of this Section.
f:\files\kennedal\ordinanc\substand.rl5 (10-11-95) I8
(7) It shall be unlawful to fail to comply with an order issued
pursuant to this Section.
Sec. 15-58 Civil Penalty
(1) Civil Penalty Authorized. In addition to any other enforcement
authority provided for by law, the Board may, by order, at an administrative
hearing assess a civil penalty against a property owner as provided for herein
for failure to comply with an order issued by the Board pursuant to Section
VII of this ordinance.
(2) Showing Required. The civil penalty maybe assessed if it shown
at the administrative hearing that:
(a) the property owner was notified of the contents of the
order issued pursuant to Section VII of this ordinance; and
(b) the property owner committed an act in violation of the
order or failed to take an action necessary for compliance with the
order.
(3) Amount of Penalty. The civil penalty may be assessed in an
amount not to exceed $1000.00 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
$10.00 a day for each violation.
(4) Notice of Administrative Hearing. Not less than ten (10) days
prior to the date on which the administrative hearing is set, the property
owner shall be sent a notice of the hearing by certified mail/return receipt
requested. The notice shall contain:
(a) a copy of the order issued by the Board pursuant to
Section VII of this ordinance;
(b) a statement that the building official has determined that
the property owner committed an act in violation of that order, or
failed to take an action necessary for compliance with that order;
(c) a statement that at the administrative hearing the Board
may assess a civil penalty not to exceed $1000.00 a day for each
L•\files\kennedal\ordinanc\substand.rl5 (10-11-95) I9
violation or, if the owner shows that the property is the owners' lawful
homestead, in an amount not to exceed $10.00 a day for each violation;
and
(d) notice of the time and place of the hearing.
(5) Copy of Order Filed with District Clerk. After the civil penalty
is assessed, the city secretary shall file with the district clerk of the county in
which the property is located, a certified copy of the order assessing the civil
penalty and stating the amount and duration of the penalty.
(6) Enforcement. The civil penalty may be enforced by the city in
a suit brought by the City in a court of competent jurisdiction for a final
judgment in accordance with the assessed penalty. A civil penalty under this
subsection is final and binding and constitutes prima facie evidence of the
penalty in any suit.
Sec. 15.59 Authority not Limited
Notwithstanding all other provisions of this Article, nothing herein shall
be deemed a limitation on the duty of the City to summarily order the
demolition of any building or structure where it is apparent that the
immediate demolition of such building or structure is necessary to the
protection of life, property or general welfare of the people in the city."
SECTION II.
That Section 4-72 of Article IV of Chapter 4 of the Kennedale City Code, as
amended, is hereby amended to read as follows:
"Sec.4-72 Amendments
The 1991 edition of the Uniform Housing Code is amended in the
following respects:
(a) Sec. 202 is amended to read as follows:
Sec. 202. Buildings or portions thereof which are determined
to be substandard as defined in this code are hereby declared
to be public nuisances and shall be abated by repair,
f:\files\kennedal\ordinanc\substand.rl5 (10-11-95) 20
rehabilitation, demolition or removal in accordance with the
procedure specified in Article II of Chapter 15 of the
Kennedale City Code.
(b) Chapters 11 through 16 are repealed."
SECTION III.
CUMULATIVE CLAUSE
This ordinance shall be cumulative of all provisions of ordinances of the City
of Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed. Article II of Chapter 15 is specifically repealed.
SECTION IV.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION V.
PENALTY CLAUSE
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that
a violation is permitted to exist shall constitute a separate offense.
SECTION VI.
SAVINGS CLAUSE
All rights and remedies of the City of Kennedale are expressly saved as to any and
all violations of the provisions of Article II of Chapter 15 of the Code of Ordinance of the
City of Kennedale, as amended, or any other ordinance or code provision affecting
f:\files\kennedal\ordinane\substand.rl5 (10-11-95) 21
+ dangerous substandard buildings which have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be affected
by this ordinance but may be prosecuted until final disposition by the courts.
SECTION VII.
PUBLICATION IN PAMPHLET FORM
The City Secretary of the City of Kennedale is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the
operative provisions of this ordinance as so published shall be admissible in evidence in all
courts without further proof than the production thereof.
SECTION VIII.
PUBLICATION CLAUSE
The City Secretary of the City of Kennedale is hereby directed to publish the caption,
penalty clause, publication clause and effective date clause of this ordinance in every issue
of the official newspaper of the City of Kennedale for two days, or one issue of the
newspaper if the official newspaper is a weekly newspaper, as authorized by Section 52.011.
of the Local Government Code.
SECTION IX.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS ~Z DAY OF LL/G~~Z~~Gy' .1995.
~~~~~~~>
MAYOR
ATTEST:
~~~~~~~~
CITY SECRE ARY
f:\files\kennedal\ordinanc\subs[and.rl5 (10-11-95) 22
~' EFFECTIVE: /~ -/ z - 95
APPROVED AS TO FORM AND LEGALITY:
c~~~~
City Attorney
f:\files\kennedal\ordinanc\substand.rl5 (10-11-95) 23
KENNEDALE -SUBSTANDARD BUILDING CHECKLIST
(Ordinance No. )
ADDRESS:
PROPERTY DESCRIPTION:
OWNER:
INSPECTOR:
CSZ:
Substandard Building Inspection Report completed.
Request research for all lienholders or mortgagees for the
property in question.
Recommend to the Board that abatement proceedings be
commenced.
Set date for public hearing to be held before the Board to
determine whether a building complies with the standards set
out in Section IV of Ord. _. (must allow at least 2 weeks to
provide sufficient time to notify owner).
Deliver agenda and packet information to Board.
10 days or more prior to the date set for the public hearing,
Notify the record owner and all lienholders or mortgagees of
the Public Hearing. (Form 2: Notice of hearing).
Green Cards Returned
Prior to the public hearing file a copy of the notice mailed to
the record owner in the official public records of real property
in the county in which the property is located.
The Board determines at the public hearing time allowed to
complete work and the contents of the order. (Form 3: Order).
Order Completed
Mail the Order certified, return receipt to the record owner,
and each identified lienholder and mortgagee of the building
within ten (10) days after Board action.
[:\Gles\kennedal\subbldckLCrl Yagc I oC g FORM L• CHECKLIST
File the Order with the City Secretary within 10 days after the
Board action.
Publish the Notice of Order within 10 days after the date the
order is issued see Section VIII(3). (Form 4: Notice of Order).
Post notice to vacate building and Mail certified, return receipt
requested to the occupant of the building. (Form 5: Notice to
Vacate, see Ord. _ Sect IX(2)).
Performance of repair work or demolition by property owner.
Assessment of work done (or not) by building official and
authorization of Building Official for performance of work by
City. (Form 6).
If city enforcement required:
Utility services notified to disconnect services (if necessary).
Gas
>/lectric
Cable
Work performed by City:
Demolition:
City may demolish if Board finds that buildings
are a danger and either infeasible of repair or
there is no reasonable expectation that they will
be repaired if additional time is given.
Date of Demolition
Repair:
City may repair to extent necessary if the Board
has determined building likely to endanger person
or property and the building is a residential
dwelling with 10 or fewer units.
Repair completed
L•\[iles\kcnnedal\subbldckl.[rl Page 2 0[ 3 FORM 1: CHECKLIST
Other:
Secured
Vacated
Sworn itemized account prepared by building official, and filed
with city secretary. (Form 6: Sworn Account).
Notice of Lien prepared by building official, and filed with city
secretary. (Form 7: Notice of Lien).
Notice of Lien filed in county records.
Bill sent to property owner.
Bill paid.
Release of Lien filed with County. (Form 8: Release of Lien)
Pa e 3 of 3 FORM 1: CHECKLIST
[:\(iles\Aennedal\subhldckLCrl 8
ORDER
OF THE KENNEDALE
BUILDING BOARD OF APPEALS
TO (owner):
DATE:
WHEREAS, a public hearing was held on before the Kcnncdale Building Board of Appeals
("Board") regarding structures present on in Kcnncdale, Texas; and
WIIEREAS, the records of the office of the county clerk indicate that
buildings; and
is the record owner of the
WHEREAS, notice of the public hearing was mailed to the property owner more than ten (10) days prior to the date
o[ the hearing; and
WHEREAS, the Board finds that the defects or conditions set forth on the Substandard Building Inspection Report,
attached hereto as Exhibit "A" and incorporated herein for all purposes, arc present in the buildings; and
WHEREAS, the Board finds from evidence presented at the public hearing that the buildings arc in violation of the
standards set forth in Ordinance No. _ and that the defects or conditions exist to the extent that the life, health, property or
safety oC the public arc endangered; and
WHEREAS, the Board further finds that the buildings arc infeasible of repair.
[or]
WHEREAS, the Board further finds that there is no reasonable probability that the building(s) will be repaired within
a reasonable period of time if additional time is given.
NOW, THEREFORE, THE BUILDING BOARD OF APPEALS HEREBY ORDERS THAT the
structures described as and located on property described as
in Kcnncdale, Texas be demolished and the debris
removed from the property within thirty (30) days of the daft of this order. The owner may demolish or remove the structure
at his option. If the ordered action is not taken within the allotted time, the city will remove or demolish the building and charge
the cost to the property. The costs, together with interest accruing at 10'~o per annum, will be assessed as a charge against the
land and a personal obligation of the Owner. If the city is not promptly reimbursed for its expenses, the city will place a lien
on the property Cor the amount owed.
Chairman, Kcnncdale Building Board of Appeals
ATTEST:
Secretary of the Building Board of Appeals
Filed in the Office of the City Secretary:
(seal)
Date
City Secretary
L•\Gles\kennedal\boa-ord.frm Yage 1 oC 1 FORM 3: DEMOLITION ORDER
INSPECTION OF PROPERTY
Property description:
BBA Case #:
Date of BBA Order:
Description of work completed by owner:
Conditions or defects listed in BBA abatement order corrected:
If no, what work is still required?:
Yes
No
Enforcement action required by city:
Building Official
.Date of Inspection
F:\Cilcs\kennedal\inspcct.trm Page 1 of I FORM G: INSPECTION OF PROPERTY
NOTICE OF LIEN
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, the City of Kenncdalc ("City") is a home rule city acting under its charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 oC the Local
Government Code; and
WHEREAS, the City has adopted ordinances providing Cor the abalcntent of dangerous buildings and
has followed all required procedures and given all notices required law in seeking to abate a nuisance by causing
the securing, removal, repair, or demolition of a substandard structure or structures on private property; and
WHEREAS, a copy of the Order to abatement is attached as Exhibit "A" and incorporated herein for
all purposes; and
WHEREAS, the owner or owners of the private properly have failed to perform the required work
after proper notice, opportunity for hearing, and time for compliance; and
WHEREAS, the City did secure, repair, remove, or demolish the substandard structure or structures
within the City, Tarrant County, Texas, on properly dtscribed as follows:
Address of Property:
Lot:
Block:
Addition:
Work Done:
Amount of Expenses Ltcurred by City:
Balance Remaining:
Owner:
Address of Owner:
Tract:
Abst.:
Survey:
Date:
WHEREAS, the owner has failed to pay the charges levied and assessed against the property
described.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
The City o[ Kenncdalc, for the purpose of perfecting its privileged lien against the above described
property, and in compliance with requirements of law, gives notice to all that the above described work was done
by, or at the direction of, the Cily of Kenncdalc, and the costs described are due and owing to the City of
Page 1 0[ 2 FORM 8: NOTICE' OF LIEN
f: \[i les\kc n n ed a I \ I ien no t. t rm
Kcnncdalc, together with intcrest thereon from the date the work was performed at a rate of ten percent (10%)
per annum. No utility service, building permit or certificate of occupancy shall be allowed on said property until
the assessment is paid and this lien is released by the city.
Said assessment wish intcrest, costs of collection and rcasonablc attorneys' fees, if incurred, is declared
to be a first and paramount lien upon said prcmiscs (except as to tax liens, existing special assessment liens, and
previously recorded Bono fide mortgage liens attached to the same property), and a personal liability of the true
owner or owners payable to said City of Kcnncdalc, its successors or assigns, as set forth above.
The proceedings with reference to performing such demolition or repair have been regularly had in
compliance with the law, the charter o[ the City, and the terms of this Notice of Licn and all prerequisites to
the fixing of the assessment lien against the property herein described and the personal liability of the owner
or owners thereof have been performed.
Said prcmiscs may be sold [or the purpose of realizing any amount then due hereon with interest and
rcasonablc attorneys' fees and costs of collection, if incurred, said salt to be made in the manner provided by
law in the charter of said Gity for the sale of property for the collection of taxes, or the City of Kcnncdalc may
exercise its charter powers to enforce: and collect the assessment by soil in its own name or for the benefit of
any Icgal holder of a Ccrtific:atc of nsscssment covering the properly.
Building Official
Attest:
City 5ecrctary
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS INSTRUMENT was acknowledged before me on this the day of
1995, by
Notary Public in and for the State of Texas
My Commission Expires:
Type or Print Notary's Namc
Pa c 2 of 2 FORM S: NOTICE OF LIL-N
L•\tilcs\kcnncdal\licnnrn.frm 6
RELEASE OF LIEN
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, on the day of 19 ,Building
Official of the City of Kennedale ("City") recorded a Notice of Lien encumbering the following
property:
Address:
Lot:
Block:
Addition:
Tract:
Abst.:
Survey:
WHEREAS, the Lien was imposed to secure the payment of $ together with
interest of ten percent (10%) per annum from the date payment become due for work done on the
property by the city to abate the nuisance of a substandard structure or structures; and
WHEREAS, the city has been paid $ ,which amount fully reimburses the
city for its costs and required interest;
NOW, THEREFORE, I,
that the amount owed the City pursuant to
19 ,and entered in
fiilly paid to the City, and on behalf of the Ci
previously claimed by the City for work done
substandard structure or structures.
,Building Official for the city, certify
the Lien noticed on the day of
,has been
ty, I do hereby release and discharge the lien
on the property to abate the nuisance of a
Building Official
City of Kennedale
SWORN AND SUBSCRIBED before me by ,this _
day of , 19 , to certify which witness my hand and seal of office.
Notary Public in and for the State of Texas
Notary Name Typed or Printed
My Commission Expires:
L•\filcs\kenncdal\lienrel.Irm Page 1 of 1 FORM 9: RELEASE OP LIEN
NOTICE OF SUBSTANDARD BUILDING ORDERS
On at 7:00 p.m. public hearings were held before the
Kennedale Building Board of Appeals, where the following Orders were issued:
BBA CASE #_, Substandard Building, being
further known as Owner:
demolished (or repaired, vacated or secured) within
BBA CASE #_, Substandard Building, being
further known as
demolished (or repaired, vacated or secured) within
and
Ordered to be
days.
If the work is not commenced or completed within the time specified, the City may perform
the required work at its own expense and the cost shall be charged against the land and
become a personal obligation of the owner.
A complete copy of each Order may be obtained by contacting the City Secretary's Office
of the City of Kennedale, P.O. Box 268, 209 N. New Hope Road, Kennedale, Texas 76060.
Questions can be directed to the Code Enforcement Officer of the City of Kennedale, phone
478-5418.
and
Ordered to be
days.
Owner:
Pa e 1 oC 1 FORM 4: NOTICE OF ORDCR
(:Miles\kennedale\ordnot.Crm S
NOTICE OF PUBLIC HEARING TO BE HELD BEFORE THE BUILDING BOARD OF APPEALS
ON 1995 AT P.M. IN THE COUNCIL CHAMBERS LOCATED AT
KENNEDALE CITY HALL, P.O. BOX 268, 209 N. NEW HOPE ROAD, KENNEDALE, TEXAS 76060
Name and Address of Record Owner:
According to the records of Tarrant County Appraisal District, you are the owner of property described
as:
Please be advised that on the Building Official of the City of Kennedale
has found and determined that a building located on the above described property is substandard and
proceedings shall commence to cause the repair, vacation, relocation of occupants, removal, demolition
or securing of the building. Attached please find a copy of the Substandard Building Inspection Report
dated ,describing the conditions found to render the building substandard or
dangerous under the provisions of the Uniform Building Code.
A Public Hearing will be held on the date noted above before the Building Board of Appeals to determine
whether the building/structure located at the above described property complies with the standards set
forth in the City Codes.
At the hearing, the owner, lienholder, or mortgagee will be required to submit 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.
If the building is found to be in violation of City Code, the Board may order that the building be repaired,
vacated, removed or demolished, secured, or the occupants relocated, by the owner, mortgagee or
lienholder within thirty days (30 days).
If the Order given to the owner, mortgagee, or lienholder is not complied within the allowed time, the City
may vacate, secure, remove or demolish the building 'or relocate the occupants of the building. The
expenses incurred by the City shall be a personal obligation of the property owner in addition to a priority
lien being placed upon the property to secure payment.
If you should have any questions regarding this notice, or you are not the owner, mortgagee, or lienholder
please call the office of the Building Official at 817/478-5418.
attachment: Substandard Buildings Inspection Report Case No. Dated
f:\filcs\kcnncdal\puhhcar.(rm Pagc l of 1 FORM 2: NOTICE OP HGARING
REPAIR OR DEMOLITION EXPENSE ACCOUNT
FOR
PROPERTY DESCRIPTION:
RECORD OWNER:
DATES OF DEMOLITION:
DESCRIPTION OF WORK PERFORMED:
EOUiPMENT USED COST
LABOR CHARGE COST
OTHER EXPENSES COST
SUBTOTAL
TOTAL EXPENSES
I certify that the above is a true and correct itemization of expenses and costs incurred by the City
of Azle for the demolition of the above described property.
Subscribed and sworn to on this day of
person, to certify which witness my hand and official seal.
My Commission Expires:
Building Official
19_, by the above named
Notary Public, State of Texas
Printed Name
L\filcs\kcnnedal\swnacct.(rm Page 1 of t FORM 7: SWOKN ACCOUNT
B~ ~ •1i Publishing, Inc.
833 East Fnon
P.O. Box 40230
Everman, lX 76140-0230
Phone (817) 478-4661
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS;
COUNTY OF TARRANT:
CITY OF KENNEDALE
Publishers Of:
~' VERhIAN 7'IVIES
KENNEDALE NEWS
FOxEST HILL NEws
SOUTH COUNTY NEWS
BEFORE ME, the undersigned authority, on this day personally appeared JENNIFER CATHEY
who having been duly sworn, says upon her oath:
That she is the Circulation Manager of the newspapers for B&B PUBLISHING, INC.
which are weekly newspapers published in Tarrant County, Texas with a general
circulation in the cities of Everman, Forest Hill, Kennedale, and south Tarrant County
and that a copy of;
Ordinance # 85
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
OCTOBER 19, 1995
EXECUTED THIS, THE 7TH, DAY OF NOVEMBER, 1995
JENNIFER CATHE
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 7TH, DAY OF NOVEMBER, 1995
,,
l~l
;~•....yaA: C u
°""~""'• JOHN EDD BLES IN JbHN EDD BLESSING
-": "= MYCOMMisSiCNEXPIRES NOTARY PUBLIC
~P^~~'~' Jul 10, iG3
o,.,,.~ -- - - ~ TEXAS