§ 4-19. Neighborhood integrity code.
(a)
General.
(1)
Title. This shall be known as the Neighborhood Integrity Code and shall be hereinafter referred to in this article as the "code."
(2)
Purpose. The purpose of this code is to provide minimum standards to protect the health, safety, morals, and welfare of the citizens of the City of Terrell by establishing minimum standards applicable to the use, occupancy and maintenance of all structures, buildings and properties. Minimum standards are established with respect to utilities, facilities, and other physical components essential to make structures safe, sanitary, and fit for human use and habitation. It is further declared to be the purpose and intent of this code to regulate and control public nuisances and other conditions or circumstances that adversely affect the health, safety or welfare of the general public. It is not intended that this Code be interpreted or enforced to require the city to intervene in matters which are primarily personal or private in nature and which may appropriately be resolved between or among private interests without material damage to the public health, safety, or welfare.
(3)
Compliance. This code is found to be remedial and essential to the public interest, and it is intended that this code be liberally construed to effect its purpose. All structures within the city on the effective date of this code, or constructed thereafter, must comply with the provisions of this Code.
(4)
Scope. This code shall apply to all zoning districts, land, properties, structures, and buildings within the city, including all vacant, occupied, residential, nonresidential, improved or unimproved land, properties, structures and buildings.
(5)
Other ordinances. If any other ordinances or codes of the city conflict with this code and the standards or regulations established herein, the higher or stricter standard or regulation shall prevail.
(b)
Definitions. The following definitions shall apply in the interpretation and enforcement of this code. When terms are not defined in this code, they shall have their ordinary accepted meanings within context with which they are used.
Building means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for 50 percent of its perimeter.
Building code means the International Residential Code, for cases involving one- and two-family dwellings, or the International Building Code for all other structures, both promulgated by the International Code, as adopted by this jurisdiction.
Enforcement authority means the chief building official of Terrell or his designee.
Graffiti means words, phrases, designs, symbols, letters, or drawings written, painted, scratched or applied in any other way to any sidewalk, fence, wall, window, walls of buildings, tree, or other structure or item or to any portion or element thereof, whether the property is public or private, regardless of its content or nature and regardless of the nature of the material of the structural component or property.
Lateral clearance means the dimension measured horizontally and perpendicular to a sidewalk, street, paved alley, or easement within which no encroachment is allowed; or the dimension measured horizontally and perpendicular to an alley or easement line beyond which no encroachment is allowed.
Minimum housing code means the International Property Maintenance Code, 2006 edition as amended herein.
Nuisance. The following shall be defined as nuisances:
(1)
Any public nuisance known at common law.
(2)
Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may be hazardous for children;
(3)
Whatever is dangerous to human life or is detrimental to health, as determined by the health officer;
(4)
Graffiti of any type;
(5)
Any tree, shrub, or other plant which creates a hazard or risk of damage or destruction to persons or property;
(6)
Any substandard condition under this code.
Owner means a person claiming, or in whom invested, the ownership, dominion, or title of real property, including but not limited to:
(1)
Holder of fee simple title;
(2)
The holder of a life estate;
(3)
The holder of a leasehold estate for an initial term of five years or more;
(4)
The buyer in possession, or having right of possession under a contract for deed;
(5)
The mortgagee, receiver, executor, or trustee in possession or control or having the right of possession or control of real property; but not including the holder of a leasehold estate or tenancy for initial term of less than five years; and
(6)
In the case of a cooperation or partnership, "owner" includes an officer, partner, or manager of the entity.
Person means any individual, corporation, organization, partnership, association, or any other legal entity.
Premises means a lot, plot or parcel of land including the buildings, structures, landscaping or trees thereon.
Property means a lot, plot, or parcel of land, including any structures on the land.
Repair means the replacement of existing work with the same kind of material used in the existing work, not including additional work that would change the structural safety of the building, or that would affect or change required exit facilities, a vital element of an elevator, plumbing, gas piping, wiring or heating installations, or that would be in violation of a provision of law or ordinance. The term "repair" or "repairs" shall not apply to any change of construction.
Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Structure shall include but is not limited to any residential building, non-residential building, dwelling, condominium, townhouse, apartment unit, detached garage, shed, awning, fence, screening wall, sign, swimming pool, excavation.
Tenant means any person or their agent who occupies a structure or property.
Unauthorized means without the permission of the owner or the person in control of the property, whether public or private.
(c)
Enforcement.
(1)
The enforcement authority for this code shall be the chief building official of Terrell or his designee.
(2)
The enforcement authority is authorized at reasonable times to inspect:
a.
Premises which contain no structure; and
b.
The exterior of a structure and premises which contain a structure, provided, however, if such structure is occupied, the enforcement authority shall first present proper credentials and request entry on the premises;
c.
The interior of a structure, if the permission of the owner, occupant, or person in control is given.
(3)
The enforcement authority shall have the power to obtain search warrants allowing the inspection of any specified premises to determine the presence of a health hazard or unsafe building condition, including but not limited to any structural, property, or utility hazard, or in violation of any health or building regulation, statute, or ordinance.
(d)
Violation; penalty.
(1)
In addition to imposing a criminal penalty the city may, in accordance with the state law bring a civil action against a person violating a provision of this code. The civil action may include, but is not limited to a suit to recover a civil penalty authorized by state law for each day or portion of a day during which the violation is committed or continued.
(2)
The civil penalties provided for in subsection (1) above and any criminal penalties are in addition to any other enforcement remedies including injunctive relief that the city may have under city ordinances and state law.
(e)
Responsibility.
(1)
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any premises, building or structure, or cause or permit the same to be done in violation of this code.
(2)
Every owner and tenant of any premises shall maintain such premises in compliance with this code and in a clean, sanitary, and safe condition; and shall dispose of rubbish, garbage, junk or other waste in a lawful manner.
(3)
An owner shall not let, rent, or lease any premises for occupancy or use which does not comply with this code.
(f)
International Property Maintenance Code.
(1)
The International Property Maintenance Code, 2006 edition, a copy of which is attached hereto and made a part of this code for all purposes, the same as if copied in full herein, with the exception of such sections thereof as are hereafter deleted, modified, or amended, is hereby adopted as the official standards of the city in addition to the minimum standards established in this code.
(2)
Whenever the term "board of appeals" is used in the International Property Maintenance Code, the same shall mean the building and standards commission appointed by the city council. Whenever the term "code official" is used in the International Property Maintenance Code it shall mean the chief building official of the City of Terrell.
(g)
Minimum standards; exterior grounds.
(1)
Sanitation. All exterior property areas shall be maintained in a clean, safe, and sanitary condition.
(2)
Grading and drainage . No filling, excavation or other improvement shall be performed or constructed on any property which will have an adverse effect on an existing drainage pattern on an adjacent property.
(3)
Glare . Exterior lights placed or erected on private property shall be shielded, placed or erected so as not to create a traffic hazard or a public nuisance.
(4)
Trees, shrubs and plants.
a.
Trees, shrubs, and plants shall not obstruct the access to or from any door or window of any structure which is used, or is required by city codes and ordinances to be used, for ingress or egress.
b.
Trees, shrubs, or plants that are dead and which are hazardous to persons or property shall be removed.
(5)
Nuisances . All properties shall be maintained free of any nuisances.
(6)
Erosion control. The unpaved areas of the front yard shall be maintained with grass, ground cover, or other type of landscaping to such an extent that the soil, when wet, will not be picked up and spread to sidewalks or adjacent private or public property and is not subject to erosion during rains.
(7)
Antennas, towers, stacks, etc. Antennas, towers, stacks, satellite dishes, and similar structures must be maintained structurally sound, free of deterioration, firmly secured, and must comply with applicable requirements of the City of Terrell Zoning Ordinance, as amended.
(8)
Accessory structures . Carports, awnings, patio covers, garages, sheds, storage buildings, and other accessory structures shall be maintained structurally sound, and free of deterioration.
(9)
Swimming pools and spas . Swimming pools, spas, and similar structures shall be maintained safe, secure, free of stagnant water, and structurally and mechanically sound in accordance with the City of Terrell Code of Ordinances.
(10)
Graffiti. It shall be unlawful for any person who shall be in any place, public or private, to deface, write or mark, cut, print, stamp, indent or display any word, sentence, symbol, or figure on public or privately owned buildings, permanent structures, or places located on or within the city without the authorization of the property owner.
(h)
Minimum standards; exterior structure maintenance.
(1)
General . The exterior of a structure shall be maintained structurally sound.
(2)
Structural members . All supporting structural members of all structures shall be kept structurally sound, free of deterioration, and maintained capable of safely bearing the dead and live loads upon them.
(3)
Exterior surfaces . The foundation, exterior wall, floor, roof, and all exterior surfaces of every structure shall be maintained in a state of repair sufficient to exclude rats, rodents, birds, vermin, and other animals.
(4)
Foundation walls . All foundation walls shall be maintained so as to safely carry applicable dead and live loads that are imposed upon the foundation walls.
(5)
Exterior walls . The exterior wall of every structure shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain or dampness to the interior portions of the walls or to the interior of the structure. The exterior wall surface materials of every structure shall be maintained weatherproof or the surface protected as required to prevent deterioration.
(6)
Roofs . The roof of every structure shall be structurally sound, tight, and free of leaks, and roof drainage shall be adequate to prevent rain water from causing dampness in the walls or interior portion of the structure.
(7)
Decorative features . The cornices, entablatures, belt courses, corbels, terra cotta trim, wall facings and similar decorative features of every structure shall be maintained in good repair with proper anchorage and in a safe condition.
(8)
Exterior attachments . All exterior canopies, marquees, signs, awnings, stairways, fire escapes, standpipes, rain gutters, exhaust ducts and similar overhang extensions attached to a structure shall be maintained in good repair and be properly anchored so as to be kept in a safe and sound condition, and their exterior surface materials shall be maintained weatherproof and shall be surface coated or protected as required to prevent deterioration.
(9)
Chimneys . All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe, sound, properly mortared and in good repair, and their exterior surface materials shall be maintained weatherproof and shall be surface coated or protected as required to prevent deterioration.
(10)
Stairs and porches . Every stair, porch, balcony, and all appurtenances attached thereto shall be so constructed as to be safe to use and capable of supporting the loads to which it is subjected and shall be kept in sound condition and good repair, and their exterior surface materials shall be maintained weatherproof and shall be surface coated or protected as required to prevent deterioration.
(11)
Window and door frames . The windows, doors, and frames of every habitable structure shall be constructed and maintained in such relation to the adjacent wall construction so as to exclude rain as completely as possible from entering the dwelling or structure.
(12)
Weathertight . The windows and exterior doors of every habitable structure shall be fitted in their frames so as to be reasonably weathertight and shall be kept in sound condition and good repair.
(13)
Glazing . Every window and/or window sash shall be fully supplied with approved glazing materials which are without open cracks and holes. A window and/or window sash may be temporarily secured and/or closed with alternate materials approved by the enforcement authority for periods during actual construction, remodeling, or repairs, provided the period of time does not exceed 30 days. The enforcement authority may grant extensions of time due to extenuating circumstances.
(14)
Door hardware . The exterior doors, door hinges, and door latches of every habitable structure shall be maintained in good condition. Door locks in exterior doors of dwelling units shall be maintained in good repair and capable of tightly securing the door. A door may be temporarily secured and/or closed with alternate materials approved by the enforcement authority for periods during actual construction, remodeling, or repairs, provided the period of time does not exceed 30 days. The enforcement authority may grant extensions of time due to extenuating circumstances.
(15)
Burglar bars . Burglar bars shall comply with requirements of the building code and other codes or ordinances of the city. Burglar bars on windows of bedrooms of residential structures shall be constructed and mounted in such a way so as to be operable and openable from the interior of the residence without special knowledge or the need of tools.
(16)
Garage doors . Garage doors shall be capable of being closed reasonably plumb, and shall be kept in sound condition and good repair.
(i)
Substandard property; repair; vacate.
(1)
Any structure, building or premises in violation of the minimum standards set forth herein or in violation of the International Property Maintenance Code is substandard and declared to be a nuisance. The failure of the owner or tenant to maintain any premises or structure in accordance with the minimum standards set forth in this code, the apartment code and the International Property Maintenance Code shall be grounds for the enforcement authority to declare the property substandard.
(2)
All buildings or portions thereof which are determined to be substandard as defined in this code are declared to be prima facia public nuisances to the extent of such substandard condition, and shall be abated by repair, rehabilitation, demolition, or removal, in accordance with the procedure provided in this code.
(3)
Whenever an occupied structure, building or property is determined to be substandard and is in such condition as to make it immediately dangerous to the life, limb, property, safety, or welfare of the public or of the occupants, the enforcement authority shall order such building, structure or property vacated.
(j)
Enforcement procedures; appeal.
(1)
When a building, structure or premises or portions thereof have been determined by the enforcement authority as substandard and a nuisance as defined in this code, the nuisance shall be abated by repair, rehabilitation, demolition, removal, or vacation in accordance with the determination of the enforcement authority.
(2)
Any party aggrieved by an order of the enforcement authority, may, prior to the expiration of the period for compliance in said order, appeal said order to the building and standards commission in accordance with the procedures for an appeal to the building and standards commission.
(3)
There shall be a filing fee for an appeal to the building and standards commission in an amount determined by resolution of the city council.
(4)
The enforcement of orders issued by the enforcement authority and/or building and standards commission shall be in accordance with the provisions of the International Property Maintenance Code unless contrary to Chapter 54 of the Texas Local Government Code, as amended, in which event the latter shall control; and the enforcement authority and the building and standards commission shall have, exercise and perform all the powers, duties and functions of the code official and the board of appeals, respectfully, as set forth in the minimum housing code.
(5)
Except in cases where vacation orders are made to protect the immediate safety and welfare of the inhabitants, any order appealed hereunder shall be stayed until such appeal is decided by the building and standards commission, but shall not be stayed after a decision pending appeal to the courts except on proper order of such court or as otherwise required by state law.
(k)
Recovery of costs.
(1)
If the building, structure or premises is not vacated, secured, repaired, removed, or demolished, or if the occupants are not relocated within the allotted time, the city may vacate, secure, remove, or demolish the building, structure or premises or relocate the occupants at its own expense.
(2)
If the city incurs expenses under this subsection, the city may assess the expenses on and has a lien against the property on which the building or structure was located, unless it is a homestead and is protected by the Texas Constitution. The lien is extinguished if the property owner or another person having 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 lien is recorded and indexed in the office of the county clerk of Kaufman County. The notice must 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 was located, the amount of expenses incurred by the city and the balance due.
(3)
If notice is given and the opportunity to repair, remove or demolish the building or structure is afforded to each owner, mortgagee and lienholder, the city's lien is a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens attached to the real property to which the city's lien attaches.
(4)
The assessment and recovery of costs to repair or demolition shall be in accordance with the procedure prescribed by the International Property Maintenance Code.
(5)
Whenever the enforcement authority determines that graffiti is located on publicly or privately owned permanent structures so as to be capable of being viewed by any person utilizing any public right-of-way of this city, the authority is authorized to abate or cause to be abated, the graffiti and, in the case of privately owned property, bill the owner for the costs thereof. If the owner fails to pay such billing within 30 days, or otherwise refuses to reimburse the city for such costs, the city may file a mechanic's lien against the property for said costs.
(l)
Building and standards commission.
(1)
Whenever the term "board of appeals" is used in the International Property Maintenance Code, it shall mean the Building and Standards Commission of the City of Terrell. The building and standards commission shall have, exercise and perform the powers, duties and functions of the board of appeals as set forth in the International Property Maintenance Code.
(2)
The building and standards commission shall have by majority vote, authority to:
a.
Uphold the determination and order of the enforcement authority;
b.
Find that the structure or building is not substandard and/or a nuisance and refer the matter to the enforcement authority for further appropriate action;
c.
Grant a reasonable period of time in which to comply with the determination or order of the enforcement authority;
d.
Authorize an alternate method of compliance with the order of the enforcement authority if it can be demonstrated that such alternate method substantially complies with this code;
e.
When it is determined that due to the peculiarities of the property, a literal enforcement of the code would result in an unnecessary hardship, allow minor variations necessary to relieve the hardship which will not result in danger to persons or property and will not adversely impact the maintenance, appearance or value of surrounding properties.
f.
Find the building or structure is substandard and order demolition; repair or correction of the structure within a specified period of time; repair or correction of the structure within a specified period of time and demolition of the structure if the repair or correction is not timely effected; repair or correction of the structure by the owner, mortgagee, or lienholder within a specified period of time and repair or correction by the city if not timely effected by the owner, mortgagee or lienholder; repair, correction or demolition of the structure within a specified period of time and the assessment of a civil penalty against the owner for each day or part of a day that the owner fails to repair, correct or demolish the structure; vacation of the structure as necessary; or closure of an open and vacant structure.
(m)
Notice of violation; abatement.
(1)
When a nuisance, as defined by this code, or a substandard building or structure is found to exist on any property within the city, the enforcement authority shall provide written notice to any person, firm or corporation owning, claiming, occupying or having supervision or control of such property that a nuisance exists on the property and that the same must be abated in accordance with the determination of the enforcement authority within ten days of receipt of the notification. If such person, firm or corporation fails or refuses to comply with such notification, or if such person, firm or corporation maintains a building, structure or other property in violation of the standards set forth in this code, they shall be deemed in violation of the standards established herein and are subject to the penalties as provided herein.
(2)
To determine the identity and address of a property owner or lienholder the enforcement authority shall search the following records:
a.
County real property records of Kaufman County;
b.
Appraisal district records of Kaufman County;
c.
Records of the secretary of state, if the property owner or lienholder is a corporation, partnership, or other business association;
d.
Assumed name records of Kaufman County;
e.
Tax records of the City of Terrell; and
f.
Utility records of the City of Terrell.
(3)
When a notice is mailed via certified mail, return receipt requested, to a property owner or lienholder and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered.
(4)
If the order of the enforcement authority is not complied with, the city, after appropriate notice and hearing, may vacate, secure, remove, or demolish the building or relocate the occupants at its own expense.
(5)
Notification - Prior to the issuance of a citation issued for failure of a person to remove graffiti from property under his or her control under the provisions of this chapter, the owner must be given notice of the violation. Notice may be made personally to the owner in writing or by publication in the official newspaper at least twice within seven consecutive days. If no action is taken by the owner, a citation may be issued seven days after notification of violation."
(n)
Penalties; violation. It shall be unlawful for any person, corporation or other entity to rent, offer for rent, or permit occupancy by human beings of any building having been declared substandard under this section, and anyone found guilty of such an offense shall be punished by a fine, and each and ever day's violation shall constitute a separate and distinct offense.
(Ord. No. 2343, §§ I, II, 10-16-07)