§ 11. INTERNATIONAL PROPERTY MAINTENANCE CODE

A.

INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED

A certain document, one (1) copy of which is on file in the office of the City Secretary of the City of Santa Fe, being marked and designated as the International Property Maintenance Code, 2012 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Santa Fe, in the State of Texas for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for issuance of permits and the collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City of Santa Fe are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in Subsection B. of this section.

(Ordinance No. 09-2004 of May 13, 2004; Ordinance No. 03-2009 of April 9, 2009, Sec. 13; Ordinance No. 03-2015 of March 26, 2015, Sec. 9)

B.

REVISIONS

The following sections are hereby revised:

Section 101.1 Insert as NAME OF JURISDICTION: "City of Santa Fe".

Section 102.3 Amend by replacing: "International Zoning Code" with "Santa Fe Zoning Ordinance".

Section 103.5 Insert: "Fees shall be those adopted by Resolution by the City Council."

Sections 108 and 109: Insert:

The Code Official shall not proceed with the condemnation process until directed by the Santa Fe Building Standards Commission.

Section 111 Amend by deletion of paragraph 111.2, "Membership of Board" and by adding the following: "Appeals to the interpretations of this section shall be administered according to Section 1, GENERAL, (F) APPEALS, herein."

Section 111.4 Amend by deleting "two-thirds" and by replacing with "four-fifths".

Section 111.6 Amend by deleting "concurring vote of majority" and by replacing with "concurring vote of four-fifths of majority".

Section 302.4 Insert as [JURISDICTION TO INSERT HEIGHT IN INCHES] "the standards established by CHAPTER 6: HEALTH AND SANITATION CITY OF SANTA FE, TEXAS, CODE OF ORDINANCES"

Section 304.14 Insert: "January 1" and "December 31"

Section 602.3 Insert: "November 1" "March 31"

Section 602.4 Insert: "November 1" "March 31"

The provisions of the International Property Maintenance Code are further amended wherever such code is in conflict with the following additional regulations.

(Ordinance No. 09-2004 of May 13, 2004; Ordinance No. 03-2009 of April 9, 2009, Sec. 13; Ordinance No. 03-2015 of March 26, 2015, Sec. 9)

C.

ADOPTION OF SUBCHAPTER C OF CHAPTER 54 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS AND PROVIDING FOR THE IMPLEMENTATION OF SAID CHAPTER WITHIN THE CITY LIMITS

The City of Santa Fee does adopt the provisions of Chapter 54 of the Local Government Code of the State of Texas and Subchapter C thereof, which is entitled "Quasi-Judicial Enforcement of Health and Safety Ordinances of Home-Rule Municipality," and does declare the implementation of that Subchapter and the creation of the Building and Standards Commission which shall be composed of five (5) members and a number of alternate members not to exceed four (4). Such alternates shall serve at the designation of the Mayor or the City Manager.

In addition, the Commission shall have such powers, duties and responsibilities as shall be from time to time provided for and delegated to the City of Santa Fe by the Legislature of the State of Texas, it being the intent of the City of Santa Fe to fully implement Subchapter C of Chapter 54 of the Local Government Code and to further provide to the Building Standards Commission, as well as any other commission, officer or legal authority as provided for under the provisions of state law such powers, privileges and rights as may be from time to time provided for by the Legislature of the State of Texas without restriction or limitation.

(Ordinance No. 09-2004 of May 13, 2004)

D.

BUILDING STANDARDS COMMISSION CREATED

There is hereby created a Building Standards Commission, to be composed of five (5) members and two (2) alternates who shall serve in the event of the absence or resignation of any of the five (5) members of the Commission. The Mayor may designate an alternate to serve in the event of the absence or resignation of a regular member. Neither members nor alternates shall be City Council members or employees of the City. All such members and alternates shall hold office for a period of two (2) years or until their successors are appointed and qualified as required by law.

Members of the Commission shall be qualified in one (1) or more of the fields of fire prevention, building construction, sanitation, health and public safety. However, failure of a person to be qualified in any such fields shall not prevent or disqualify that person from sitting on the Commission.

The members of the City of Santa Fe Board of Adjustment may serve as the Building Standards Commission.

(Ordinance No. 09-2004 of May 13, 2004)

E.

DUTIES OF THE BUILDING OFFICIAL

The Building Official shall perform such duties as are necessary to carry out the directives of the City Council of the City of Santa Fe, as provided herein, and the orders of the Building and Standards Commission of the City of Santa Fe, constituted and acting pursuant to the provisions of Chapter 54 of the Local Government Code of the State of Texas and Subchapter C thereof relating to the Quasi-Judicial Enforcement of Health and Safety Ordinances of Home-Rule Municipality. In addition, the Building Official shall inspect all buildings or structures reported or believed to be substandard and shall present preliminary reports to the Commission. Further, upon proper notice to property owners and occupants and upon direction of the Commission, the Building Official shall present testimony to the Commission in support of any allegations of substandard character of buildings and structures.

The Building Official, in performance of the duties of said office, shall give notices and shall take such actions as shall be from time to time provided for and directed by the Legislature of the State of Texas, as currently set out in the provisions of Chapter 54 of the Local Government Code and Subchapter C thereof, as well as any amendments and changes which shall be from time to time made.

(Ordinance No. 09-2004 of May 13, 2004)

F.

STANDARDS FOR DECLARING SUBSTANDARD BUILDINGS OR STRUCTURES

The Building Standards Commission shall hear evidence and shall, upon finding of the conditions and circumstances as hereinafter set out, declare a building or structure substandard and may order its repair, vacation or demolition as it may deem just, proper and appropriate, taking into consideration the circumstances and conditions found to exist. Such conditions and circumstances are:

(1)

Deteriorated building or structure. A building or structure which has become deteriorated and unsafe through natural causes or by damage as a result of fire or of exposure to the elements, to the extent that the roof, windows and doors or portions of the house, building or structure which protect from the weather will no longer reasonably protect from the elements or to the extent that the building or structure has become structurally unsound, thereby threatening the health, safety and well-being of the residents, citizens and inhabitants of the City.

(2)

Fire hazard. A building or structure which, because of its wiring, construction or present status, constitutes a fire hazard.

(3)

Pestilence. A building or structure which constitutes a menace to the health and safety of the residents, citizens and inhabitants of the City because of the existence of conditions therein which are conducive to the harboring or rats or mice or other disease-carrying animals or insects reasonably calculated to spread disease.

(4)

Structural deformities. A building or structure which has been built and constructed in such a manner as to be hazardous in that the construction of the building or structure is of such a nature that it has placed the same in jeopardy of collapse or that the building or structure will not reasonably withstand customary and ordinary exposure to the elements; a building or structure which, because of the deficiency of its materials, methods or means of construction, including the foundation, structural elements, wiring or apparatus, plumbing and fixtures, entrances or exits, renders the building or structure unsafe and dangerous.

(5)

Inadequate fire safety provisions. A building, structure or improvements which, because of the materials used, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design or width of the entrances or exits, make the structure hazardous.

(6)

Other. The existence of such other conditions or circumstances which may from time to time be delineated under the terms and provisions of law and within the scope of authority of the Building Standards Commission.

(7)

Additional conditions. Violations of the provisions of the International Property Maintenance Code not otherwise set out above.

(Ordinance No. 09-2004 of May 13, 2004)

G.

PROCEDURE

The procedure set out herein shall be the minimum necessary for the Building Standards Commission to enter a valid order concerning any building or structure in the City. A case before the Commission may be commenced by the Building Official or by the Commission on its own initiative; in either case, the following procedures shall apply:

(1)

Upon written report of the Building Official or recommendation of the Building Standards Commission, the Commission shall establish a docket and make inquiry into the present conditions and circumstances of any building or structure alleged to be substandard under the criteria set out herein. If, upon receipt of such information, the Building Standards Commission believes and concludes that there is a reasonable basis upon which to investigate such preliminary allegations and findings, then the Commission shall proceed as herein provided.

(2)

Notice shall be provided to the property owners and all occupants and lienholders of the property, identifying such property owners and occupants and lienholders as can best be determined and further identifying the property, its location and the improvements thought to be substandard. A title examination should occur in order that all owners and lienholders might be identified. Such notice shall state the possible result if the condition(s) described are judged substandard and shall state any deadlines that have been established for the hearing and review process. The owners and occupants shall be given notice of an opportunity to appear and show cause why said building, structure or improvements should not be declared substandard under the criteria set out in this Code and why the Commission should not enter appropriate orders to remedy the conditions determined to exist.

Such notice shall be delivered by certified mail, return receipt requested, to the known owners and occupants and lienholders at their last known business address or place of residence and may also be personally delivered to the owners, tenants or occupants residing upon the property. Notice to all unknown owners shall be given by posting the same by nailing a copy to the front door or as close to the front door as practicable on each structure situated on the affected property. The notice shall be mailed and posted before the tenth day before the date of the hearing before the Commission and must state the date, time, and place of the hearing. In addition, the notice must be published in a newspaper of general circulation in the municipality on one (1) occasion before the tenth day before the date fixed for the hearing.

(3)

On the day set in such citation and notice to show cause, a hearing shall be held before the Building Standards Commission. The Building Official or other designated individual appointed by the City Manager shall present evidence before the Commission, and the Commission shall hear any additional evidence or rebuttal that may be presented. Based upon the evidence and solely under the criteria set out in this Code, the Commission shall then determine whether or not such building or structure is a substandard building or structure.

(4)

The Building Standards Commission shall have the power to order the demolition, partial demolition, repair, renovation or remodeling of any structure found to be substandard under the criteria herein provided. The Commission shall issue an order as to any decision made; and such order shall specify the action to be taken and the time in which such action is to be taken and shall make affirmative findings as to the name of the property owner(s) and/or tenants and lienholders.

A copy of the final order of the Commission shall be served upon the property owners and occupants and lienholders in the same manner as provided for the service of the notice herein required.

(5)

In the event any notice which is required herein to be served in person or by certified mail cannot be served because neither the owner nor occupant can be found, such notice shall be deemed to have been served if the same is published in a newspaper of general circulation. Any notice so published need not be the exact text of the notice intended to be mailed but may be a synopsis thereof so long as the same is of sufficient clarity and content to place all persons on notice as to the intent thereof.

(Ordinance No. 09-2004 of May 13, 2004)

H.

EMERGENCY PROCEDURE

(1)

When it shall appear that a building or structure in the City is a substandard building under the terms of this section and that such building or structure or the manner of its use constitutes an immediate and serious danger to life or property, the condition shall be deemed a condition justifying the use of emergency measures. In such case, the Building Standards Commission or the Building Official may, with the consent and approval of the City Manager, order any of the following emergency measures to be taken:

(a)

Immediate vacation of such building, structure and/or adjoining buildings or structures.

(b)

Vacation of the danger area around such building or structure.

(c)

Such emergency shoring-up and bracing of walls, roofs and supports as are required to render such building or structure safe.

(d)

Destruction of such walls, roofs and supports or the entire structure or so much thereof as cannot be braced or made secure with safety.

(e)

Posting of notices on or near such building or structure or buildings or structures, notifying the public of such order and ordering all persons to keep out of such building, buildings, structure or structures and the areas of danger surrounding it or them.

(2)

When any of the above-mentioned measures are ordered to be taken, notice of such order shall be given as follows:

(a)

Such order shall be directed to the owner of such substandard building or structure or his authorized representative, if the same be known. Where notification can be accomplished without increasing the danger to life or property, notice shall be given by personal service on the owner of the building or structure or his said representative.

(b)

In the event that such notification would create such a delay as would materially increase the danger to life or property, then such notice need not be given.

If the owner or his representative shall fail or refuse to carry out such order or shall fail to carry out such order satisfactorily, the Building Standards Commission or the Building Official may, upon approval of the City Manager, proceed to carry out such orders either by private contract or through an agency of the City, and the cost thus incurred shall constitute a valid lien against the property.

(Ordinance No. 09-2004 of May 13, 2004)

I.

LIABILITY OF CITY

Neither the City nor any authorized agent acting under the terms of this section shall be liable or have any liability by reason of orders issued or work done in compliance with the terms of this section.

(Ordinance No. 09-2004 of May 13, 2004)

J.

FEES

Fees shall be as determined by resolution of the Santa Fe City Council.

(Ordinance No. 09-2004 of May 13, 2004)

K.

PENALTIES

Any person, firm, or corporation who fails to comply with, or violates, any part of this section shall be subject to the penalties pursuant to Section 1 GENERAL (G) PENALTY, herein.

(Ordinance No. 09-2004 of May 13, 2004)