Section
General Provisions
150.001 Fire limits
150.002 Water conservation and drought contingency plan
Building and Standards Commission
150.020 Quasi-judicial enforcement of health and safety ordinances
150.021 Presumption of notice
150.022 Creation of Building and Standards Commission
150.023 Proceedings of the Commission
150.024 Notice
150.025 Functions
150.026 Vote
150.027 Judicial review
150.028 Lien; abstract
150.029 Commission panel decision final
150.030 Municipal Court proceeding not affected
150.031 Civil remedies not affected
150.032 Additional authority regarding substandard buildings
150.033 Minimum standards substandard buildings
150.034 Enforcement procedures
150.035 Hearing before the Building and Standards Commission
150.036 Additional authority to secure
150.037 Occupancy of dangerous buildings
150.038 Emergency demolitions
Building Code
150.050 International Building Code adopted; conflicting regulations
150.051 Amendments to International Building Code
150.052 Contractor’s bond required
Other Codes Adopted
150.065 International Amusement Device Code adopted; conflicting regulations
150.066 International Property Maintenance Code; amendments
150.067 International Energy Conservation Code adopted; conflicting regulations
150.068 Technical Code; exemptions; inspections
150.069 International Residential Code; amendments
150.070 International Existing Building Code adopted; conflicting regulations
150.071 International Housing Code; conflicting regulations; amendments
150.999 Penalty
GENERAL PROVISIONS
The City Commission hereby finds it in the best interest of the city to adopt the Water Conservation and Drought Contingency Plan - August 2009 and the same is hereby, adopted as the official policy of the city. A copy of the Water Contingency Drought Contingency Plan - August 2009 shall remain on file in the office of the City Secretary.
(1998 Code, § 50-3) (Ord. 05-16, passed 5-18-2005; Ord. 13-23, passed 8-7-2013) Penalty, see § 150.999
BUILDING AND STANDARDS COMMISSION
(A) The city hereby implements Tex. Local Gov’t Code Ch. 54, Subch. C.
(B) This subchapter shall apply only to ordinances:
(1) For the preservation of public safety, relating to the materials or methods used to construct a building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances or exits;
(2) Relating to the fire safety of a building or improvement, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires or location, design or width of entrances or exits;
(3) Relating to dangerously damaged or deteriorated buildings or improvements;
(4) Relating to conditions caused by accumulations of refuse, vegetation or other matter that creates breeding and living places for insects and rodents; and/or
(5) Relating to a Building Code or to the condition, use or appearance of property in a municipality.
(1998 Code, § 22-301) (Ord. 04-35, passed 9-1-2004)
(A) (1) Where the city is required by statute, rule, regulation or ordinance to send a notice to an owner of real property for the purpose of enforcing a municipal ordinance, the city may include the following statement in the notice:
“According to the real property records of Galveston County, you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 20th day after the date you received this notice. If you do not send the affidavit, it will be presumed that you own the property described in this notice, even if you do not.”
(2) The notice must be delivered in person or by certified mail, return receipt requested.
(B) If the city sends a notice to the owner of the property to which the notice relates, as shown on or after the tenth day before the date notice is sent by the real property records of the county, and the record owner no longer owns the property, the record owner shall execute an affidavit provided with the notice by the city, stating:
(1) The record owner no longer owns the property; and
(2) The name and last known address of the person who acquired the property from the record owner.
(C) The record owner shall deliver the affidavit in person or by certified mail, return receipt requested, to the city not later than the twentieth day after the date the record owner receives the notice.
(D) If the city receives an affidavit under division (C) above, the city shall send the appropriate notice to the person named in the affidavit as having acquired the property. A notice sent under this division (D) must include the statement authorized by division (A) above.
(E) If the city receives an affidavit under division (C) above, it shall:
(1) Maintain the affidavit on file for at least two years after the date the entity receives the affidavit; and
(2) Deliver a copy of the affidavit to the chief appraiser of the County Central Appraisal District.
(F) The city is considered to have provided notice to a property owner if the city complies with the statute, rule, regulation or ordinance under which the notice is sent and if it:
(1) Complies with division (A) above and does not have an affidavit from the record owner; or
(2) Complies with division (D) above and does not receive an affidavit from the person to whom the notice was sent under division (D) above.
(G) If the city complies with this section and does not receive an affidavit under division (C) above, the record owner is presumed to be the owner of the property for all purposes to which the notice relates.
(H) For the purposes of this section, “real property” does not include a mineral interest or royalty interest.
(1998 Code, § 22-302) (Ord. 04-35, passed 9-1-2004)
(A) A Building and Standards Commission is hereby created to hear and determine cases under this subchapter. The Commission shall be composed of the five members of the Board of Adjustments, who shall be appointed by the City Commission for terms of two years. A separate appointment to the Building and Standards Commission is not required. The Commission shall be a board that is separate and distinct from the Board of Adjustments; provided, however, that, combined meetings and agendas shall be allowed, as permitted by law.
(B) The City Commission may remove a Commission member for cause on a written charge. Before a decision regarding removal is made, the City Commission must hold a public hearing on the matter if requested by the Commission member subject to the removal action. Removal of a Commission member shall mean the person is also removed as member of the Board of Adjustments.
(C) A vacancy shall be filled for the unexpired term.
(D) The City Commission, by Charter or ordinance, may provide for the appointment of eight or more alternate members of the Commission who shall serve in the absence of one or more regular members when requested to do so by the Mayor. The alternate members serve for the same period as the regular members. A vacancy is filled in the same manner as a vacancy among the regular members.
(1998 Code, § 22-303) (Ord. 04-35, passed 9-1-2004)
(A) A majority of the members of the Commission must hear a case.
(B) A majority of the Commission shall adopt rules for the Commission in accordance with any ordinances adopted pursuant to this subchapter. The rules shall establish procedure for use in hearings, providing ample opportunity for presentation of evidence and testimony by respondents or persons opposing charges brought by the city or its Building Officials relating to alleged violations of ordinances.
(C) The Director of Community Services, or designee, is designated as the appropriate official to present all cases before the Commission.
(D) Meetings shall be held at the call of the Chairperson of the Commission, and at other times as determined by the Commission. All meetings of the Commission shall be open to the public. The Chairperson of the Commission, or in the Chairperson’s absence the acting Chairperson, may administer oaths and compel the attendance of witnesses.
(E) The Commission shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. The Commission shall also keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the office of the City Secretary as public records.
(1998 Code, § 22-304) (Ord. 04-35, passed 9-1-2004)
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