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(A) Emergency arising from sudden acts or occurrences.
(1) Where it appears to the Fire Marshal, Director of Community Development, Director of Municipal Services, or Chief Building Official or their designees, that due to structural defects or conditions arising from, but not limited to, fire, accident, water damage, vandalism, or other sudden act or occurrence thereby threatening the structural integrity of a building, there is clear and imminent danger to the life, safety or property of any person unless the building is immediately demolished, either of these aforesaid officials shall declare its immediate vacation and demolition regardless of the date of construction. The concurrence of two other aforesaid officials shall be required prior to execution of the commencement of the demolition. Such concurrence shall include a determination that under the circumstances no other abatement procedure is reasonably available except demolition.
(2) Notice that the structure has been determined to be a clear and imminent danger to life, safety or property of any person shall be issued:
(a) By placard affixed to the property or by stake driven into the ground. It shall be unlawful for any person to remove the posted notice without written permission from the Fire Marshal and no unauthorized person shall enter the building for any purpose;
(b) Via hand-delivery to the owner(s) of record per the Galveston County Appraisal District records for owner(s) residing within Galveston County is not able to be accomplished after reasonable efforts are made, notice may be given in whatever means are available to afford the owner(s) with such notice as determined by the City Attorney; and
(c) By email to the Mayor.
(3) Within 72 hours of notice, a plan of action to stabilize the structure, secure the structure, and/or bring the structure up to all current adopted city codes and ordinances must be developed and presented to the Fire Marshal, the Director of Community Development, Director of Municipal Services or Chief Building Official. Said plan of action shall then be approved by the Director of Engineering and Planning or their designee.
(a) If the plan is approved, said plan must be implemented within 48 hours of approval or as soon thereafter as is reasonable and as soon as possible for any commercial structure(s) after consideration of any environmental issue(s) and/or compliance with other applicable law(s). If stabilization and securing of the structure is begun within 48 hours of approval, the structure shall be scheduled for the next available hearing before the Texas City Municipal Court of Record for presentation of a scope of work with dates certain for completion of rehabilitation; or
(b) If the plan is determined to be infeasible by the Fire Marshal, the Director of Community Development, Director of Municipal Services or Chief Building Official the required affidavits shall be executed for commencement of the emergency demolition or if there is a pending case regarding the structure in the Texas City Municipal Court of Record, an order from the Court authorizing the emergency demolition.
(c) The emergency demolition process shall commence not later than 96 weekday hours, exclusive of weekends and holidays, after the last required written concurrence is made.
(d) After execution of the emergency demolition, the officials responsible shall:
1. File copies of the affidavits or court order in the real property records of Galveston County, Texas; and
2. Provide notice to the owner(s) and lienholders/mortgagees of record.
(e) The historical designation, location or significance of a building or structure shall not prohibit, prevent, or stay an emergency demolition of a dangerous building or structure determined to be a clear and imminent danger to the life, safety or property of any person. Demolition shall be the remedy of last resort and if the structure can be vacated and secured and feasibly repaired or the condition remedied so that the structure shall no longer be an imminent danger it shall first be ordered.
(f) The city, as a home-rule city, adopts the foregoing emergency abatement action pursuant to Tex. Local Gov’t Code § 214.002, and the powers of self-rule granted by the voters under the City Charter as authorized by the Constitution of the State.
(4) The city has the same authority to assess expenses incurred under this section as it has to assess expenses under Tex. Local Gov’t Code § 214.001(n). A lien is created under this section in the same manner that a lien is created under Tex. Local Gov’t code § 214.001(n) and is subject to the same conditions as a lien created under that section.
(Ord. 21-34, passed 11-17-2021; Ord 2023-28, passed 9-6-2023)
BUILDING CODE
(A) There is hereby adopted for and by the city a standard code known as the International Building Code, 2021 edition, with appendices and amendments thereto, passed and recommended by the International Code Council, Inc., which code is published in book form and which is referred to, incorporated in this section and made a part of this section for all purposes. A copy of such code is filed of record in the office of the City Secretary. Adoption of subsequent amendments, supplement or new edition(s) is automatic upon publication by the International Code Council, Inc.
(B) In the event of any conflict between the provisions of the Building Code and the provisions of this code of ordinances, state law or city ordinances, rules or regulations, the provisions of this code of ordinances, state law or city ordinances, rules or regulations shall prevail and be controlling.
(1998 Code, § 22-31) (Ord. 93-52, passed 9-22-1993; Ord. 93-57, passed 9-22-1993; Ord. 98-1, passed 1-7-1998; Ord. 01-65, passed 1-17-2002; Ord. 04-15, passed 5-19-2004; Ord. 07-48, passed 12-19-2007; Ord. 15-42, passed 12-16-2015; Ord. 2023-39, passed 11-15-2023)
The code adopted by this subchapter is amended as provided in this section.
(A) Section 104.4, Issuing Permits, is amended by adding subsection 5., to read as follows:
104.4.5. No permit shall be issued for a construction project in which a trench excavation will exceed a depth of five feet, unless the applicant shall indemnify and hold harmless the city from all claims or causes of actions arising because of property damage, injury or death allegedly sustained by any person as a result of such excavation.
(B) Section 1803.1, Scope, is amended to read as follows:
1803.1 Scope
(a) When excavating for buildings or excavations accessory thereto, such excavations shall be properly assured against any danger to life and property. Permanent excavations shall have retaining walls of sufficient strength, made of steel, masonry or reinforced concrete, to retain embankments, together with any surcharged loads. Excavations for any purpose shall not extend within one foot of the angle of repose or natural slope of the soil under any footing or foundation, unless such footing or foundation is first properly underpinned or protected against settlement.
(b) Within the city limits and its extraterritorial jurisdiction, on construction projects in which trench excavation will exceed a depth of five feet, the bid documents and the contract must include detailed plans and specifications for trench safety systems that meet Occupational Safety and Health Administration standards, and these plans and specifications must include a pay item for such safety systems; provided, this section does not apply to a contract entered into by a person subject to the safety standards adopted under Vernon’s Ann. Civ. St. art. 6053-1, and the administrative penalty provisions of Vernon’s Ann. Civ. St. art. 6053-2.
(1998 Code, § 22-32) (Ord. 93-57, passed 9-22-1993; Ord. 98-1, passed 1-7-1998; Ord. 01-65, passed 1-17-2002; Ord. 15-42, passed 12-16-2015)
It shall be the duty of every contractor of builder, who shall make contracts for the erection or construction or repair of buildings for which a permit is required, and every contractor or builder making such contracts and subletting same, or any part thereof, to provide liability insurance (minimum $300,000) with the city as certificate holder or to give good and sufficient bond in the sum of $5,000 to be approved by the City Attorney, conditioned on conformance to the building regulations of the city code and other ordinances or laws of an applicable governing body in reference to buildings.
(1998 Code, § 22-33) (Ord. 04-15, passed 5-19-2004; Ord. 15-42, passed 12-16-2015)
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