ORDINANCE 2025-09 AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS, AMENDING THE GATESVILLE CODE OF ORDINANCES BY AMENDING CHAPTER 10 "BUILDINGS AND BUILDING REGULATIONS" BY REPEALING AND REPLACING IN ITS ENTIRETY ARTICLE IV "SUBSTANDARD STRUCTURES" PROVIDING A PENALITY OF FINE NOT TO EXCEED $2,000; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Gatesville is a Home Rule Municipality operating under the laws of the State ofTexas; and WHEREAS, Ordinance 2020-13 was adopted September 22, 2020, establishing the Building Standards Commission; and WHEREAS, the City Council has determined that it would be advantageous and beneficial to the citizens and developers of the City of Gatesville to amend and clarify certain provisions related to the substandard structures and the Building Standards Commission; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF GATESVILLE, TEXAS, THAT: SECTION 1. The tindings set forth in the above preamble to this Ordinance are true and correct and are. hereby adopted and incorporated herein by this reference. SECTION 2. The Code of Ordinances of the City of Gatesville, Texas is hereby amended at Chapter 10 "Buildings and Building Regulations" by repealing and replacing Article IV "Substandard Structures" which shall henceforth read in its entirety as follows: ARTICLE IV. SUBSTANDARD STRUCTURES Sec. 10-159. - Definitions. For the purposes of this article, the following definitions shall apply: Building: The term "building" shall include buildings, appurtenances or other structures or excavations existing above or below the ground level. Building standards: The term "building standards" refers to all standards or requirements set forth in any building or other code adopted by the city's Code of Ordinances including but not limited to article I through article V of chapter 5 of the city's ordinances, which articles are updated from time to time, and which standards and requirements are incorporated herein. Ordinance 2025-09 Page 2 of 11 Sec. 10-160. Compliance; nuisance. All buildings within the city shall comply with the provisions oft the City's Code of Ordinances, including this article. Any building or dwelling constructed, construed, existing, or otherwise maintained in violation thereof constitutes a nuisance, is substandard, and is therefore illegal. Sec. 10-161. = Building Standards Commission. a) There is hereby established a Building Standards Commission. As provided in this article, the building standards commission shall hear any person with respect to the condition, repair, vacation, or demolition of any building or structure which may have been found by the city building inspector to be an uninhabitable or dangerous dwelling, building, or structure. As provided in this article, the building standards commission is authorized to conduct hearings, make determinations, and issue orders as set forth in this ordinance. b) The Gatesville Planning and Zoning Commission is hereby designated as and shall serve as the Building Standards Commission. Accordingly, the Building and Standards Commission shall consist of seven members whose terms shall be coextensive with their respective terms on the Planning and Zoning Commission. c) Members of the Building Standards Commission (the "Commission") shall serve without compensation, except for reimbursement for authorized expenditure as attendant to the performance of their duties and shall not hold any other office or position with the City while serving on the Board. d) Members of the Commission serve at the pleasure of the City Council and may be removed by the Council at any time with or without cause. Members shall be removed by the City Council following three consecutive absences from meetings of the Commission for which the Commission has not, by majority vote, excused such absences. A vacancy on the Commission shall be filled for the unexpired term by majority vote of the Council. e) The Zoning Code Official shall serve as liaison to the Commission. The Zoning Code Official shall have the right to attend all meetings and take part in all discussions but shall not vote on Commission decisions. f) The officers of the Planning and Zoning Commission shall also serve in the same positions as officers for the Building Standards Commission. Sec. 10-162. - Building Standards Commission Meetings and Quorum. a) A quorum for the conduct ofbusiness shall consist of four members, regular or alternate, ofthe board. The board shall meet monthly, unless deemed not necessary, at a regularly Ordinance 2025-09 Page 3 of 11 scheduled time on a regularly scheduled date and shall conduct special meetings and hearings as may be necessary. b) A: minimum of four (4) affirmative votes of members of the Commission is required for any official action of the Commission. When fewer than all members are present for voting and a motion on an agenda item fails, reconsideration of the item may be scheduled for the next regular meeting upon motion carried by a majority of those present. Upon such reconsideration, regardless oft the number of members present, ifthe matter fails, it may be reconsidered again under this subsection. C) An agenda shall be prepared by the Secretary for each meeting of the Commission. A copy ofthe agenda, as official notice of the meeting, shall be posted at City Hall and as otherwise required by law, for a period of 72 hours prior to the date and time of the meeting. d) All meetings of the Commission shall, except as allowed by law, be open to the public. The Commission shall hold a regular monthly meeting at City Hall on the first Thursday oft the month at the time established by the Commission. The Commission chairperson may call special meetings at such times and on such dates as s/he determines is necessary for conducting the business oft the Commission. e) Minutes shall be kept of all Commission meetings. The chairman shall call the Commission to order, and the members present and absent shall be recorded. The minutes of any meeting shall be submitted for approval. g) A member of the Commission is prohibited from voting on or participating in a matter involving a business entity or real property in which the official (or any person related by blood or consanguinity within the first degree to the official) has a substantial interest if an action on the matter will result in a special economic effect on the business that is distinguishable from the effect on the public, or in the case of substantial interest in real property, where it is reasonably foreseeable that the action will have a special economic effect on the value of the property, distinguishable from its effect on the public. A member of the Commission having such interest is required to file, before a vote or decision on the matter, an affidavit with the Secretary, stating the nature and extent ofthe interest. The member is required to abstain from participation and vote on the matter. Sec. 10-163. - Substandard Buildings Defined; Building Standards Commission Authority. a) The building standards commission is authorized to determine whether any of the conditions or defects set forth in subsection (b) of this section exist and to determine what action, if any, is appropriate if such conditions or defects are found to exist. The building standards commission is authorized to take such actions, as authorized by this article or by state law. Specifically, the building standards commission is authorized: Ordinance 2025-09 Page 4 of 11 to order the closure and vacation of a building; the relocation of its occupants; the demolition of the building; and/or the repair or removal ofa building. b) The following buildings are in violation of the city's building standards and, in such condition, are unfit for human occupation or are considered dangerous and in violation ofthis article and are deemed substandard buildings: 1. All buildings that violate the International Building Code, International Residential Code, or any other International Code or building standards adopted by the city as set forth in section 10-22 to the extent that such building is in a condition that is unsafe, unsanitary, or dangerous; 2. All buildings, dwellings, or dwelling units in which the interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls more than 50 percent outside of the middle width ofi its base; 3. All buildings, dwellings, or dwelling units in which, exclusive of the foundation, show 33 percent or more, of damage or deterioration ofthe supporting member or members, or 50 percent of damage or deterioration ofthe non-supporting enclosing or outside walls or covering; 4. Those which have improperly distributed loads upon the roof or floor or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose, 5. All buildings, dwellings, or dwelling units which have been damaged by fire, wind, or other causes SO as to have become dangerous to life, safety or the general health and welfare of the occupants thereof or the citizens of the city; 6. All buildings, dwellings, or dwelling units which have become or are sO dilapidated, decayed, unsafe, unsanitary or which SO utterly fail to provide the essentials to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, SO as to work injury to the health, safety or general welfare of those living therein. 7. Those having height, air and sanitation facilities which are: inadequate to protect the health, safety, or general welfare ofl human beings who live or may live therein. 8. Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication. 9. Those which have parts thereof which are SO attached that they may fail and injure members oft the public or property. 10. Those which because of their condition, are a public nuisance, unsafe, unsanitary or dangerous to the health, safety or general welfare. c) The employees ofthe fire, police, health and other administrative departments, finding any ofthe conditions identified in subsection (b) oft this section, shall make a report in Ordinance 2025-09 Page 5 of 11 writing to the building inspector of all buildings or structures which are, may be, or are suspected to be substandard buildings within the terms of this article. Sec. 10-164. - Standards of repair, vacation or demolition. The following standards shall be followed in substance by the building inspector, code compliance official, and the building standards commission in making any order under this article, including an order for repair, closure, securing, vacation, or demolition: 1) Ifthe substandard building" can reasonably be repaired SO that it will no longer exist in violation of the terms of this article, it shall be ordered repaired and, as may be appropriate, closed and made secure pending the commencement ofs such repair. 2) Ifthe "substandard building" isi in such condition as to make it dangerous to the health, safety, or general welfare ofits occupants, it shall be ordered to be vacated and, as may be appropriate, closed and made secure to prevent entry. 3) In any case where a substandard building" is 50 percent damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired SO that it will no longer exist in violation of the terms of this article, it shall be ordered demolished and, as may be appropriate, closed and secured pending the commencement of such demolition. In all cases where a 'substandard building" is a fire hazard existing or erected in violation of the terms of this article or any ordinance of the city or statute of the state, it shall be demolished or repaired to the extent that the fire hazard will be eliminated. Sec. 10-165, - Inspections. The building inspector shall: 1) Inspect or cause to be inspected annually, all public buildings, schools, halls, churches, theaters, hotels, tenements, and commercial, manufacturing, or loft buildings, for the purpose of determining whether any conditions exist which render such places a "substandard building" within the terms of this article. 2) Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation ofthis article. 3) Inspect any building, wall or structure reported, as hereinafter provided, by the fire or police or other departments ofthis city as probably existing in violation ofthe terms of this article. Sec. 10-166. = Pre-hearing Notices; Identification of owner, lienholder, and mortgagee. a) The building inspector shall, within a reasonable time of the reported violation of the building standards, use his best and most diligent efforts to locate all owners, lienholders, and mortgagees through a search ofthe following records: Coryell County Ordinance 2025-09 Page 6 of 11 real property records; Coryell Central Appraisal District records; Texas Secretary of State records; assumed named records oft the county; and/or utility records. b) Before the building standards commission conducts a public hearing on a reported violation of the city's building standards, the commission shall send, via certified mail/return receipt requested and regular mail, notice including: 1) The name and address ofthe owner, ifknown; 2) A description ofthe suspected or reported violation; 3) The street or legal address oft the affected property; 4) The date, time, and place oft the public hearing; 5) A conspicuous statement to all owners, lienholders, and mortgagees of the subject property, to the effect of: "THE OWNER, LIENHOLDER, OR MORTGAGEE AS APPLICABLE, WILL BE REQUIRED TO SUBMIT AT THE HEARING PROOF OF THE SCOPE OF ANY WORK THAT MAY BE REQUIRED TO COMPLY WITH THE CITY'S MINIMUM BUILDING STANDARDS AND THE AMOUNT OF TIME IT WILL TAKE TO REASONABLY PERFORM SUCH WORK." c) Reasonably promptly after the building standards commission sends its notice under subsection (b) above, the city building inspector shall place a notice on the front door (or as near as practicable) of the building which notice shall be sufficient ifit follows the intent of this form: WARNING The City of Gatesville Building Inspector has determined this structure is in violation of the city's minimum building standards and, as such deems this building to be an uninhabitable and dangerous structure. This building is to be vacated immediately and remain vacant, and this notice is to remain in place until the condition(s) of this building has been addressed by the City of Gatesville Building Standards Commission, and/or this building has been repaired, removed, or demolished as determined by the building standards commission at a public hearing - notice ofwhich has been sent to all known persons having an interest in the building or property. Unauthorized removal of this notice is punishable by a fine of up to $2,000.00. Building Inspector, City of Gatesville d) Before the building standards commission conducts a hearing on a violation ofthe city's minimum building standards, the building inspector shall file a notice with the Coryell County Clerk (as the office ofOfficial Public Records of real property) containing: Ordinance 2025-09 Page 7 of 11 1) The name oft the owner; 2) A legal description ofthe property affected; and 3) The date, time, and location ofthe public hearing. Sec. 10-167. - Notice to utility companies. The building inspector shall issue notice to the utility companies to discontinue service on any building determined in accordance with this article to be a dangerous building under section 10- 171 or any other relevant provisions of this article. Sec. 10-168. - Hearing; Procedures. a) A public hearing on a violation of the city's minimum building standards shall be conducted by the Commission prior to an order being entered thereon. The commission shall have the power to administer oaths/affirmations and to certify official acts as permitted under Texas law. The issues pertaining to a hearing under this section shall be limited to: 1) Whether the affected building is in violation ofthe city's building standards; 2) If a violation is found, the scope of work required, and the progress to bring the substandard building into compliance with the city's building standards whether by repair, removal, or demolition of such structure; and 3) As necessary, the closure and/or vacation of the building and/or the removal and/or relocation of any occupants b) The following procedures shall apply to the hearing under this section: 1) An audio tape recording of the entire proceeding shall be made. 2) A copy of the record of the proceeding shall be made available after payment of a reasonable fee to all parties upon request. If there is no judicial review of the City Council's final decision, the city shall maintain a record ofthe proceeding for two years. If there is judicial review of the Commission's final decision, the city shall maintain the record of the proceeding until all court proceedings - including any additional/further appeals are exhausted. 3) The Texas Rules ofCivil Procedure and Texas Rules ofEvidence do not apply. Oral testimony given shall be given under oath. Each party shall have the right to testify, introduce documents; call and examine witnesses, cross-examine witnesses, and otherwise rebut evidence offered against the party. 4) The owner, lienholder, and/or mortgagee shall have the burden of proof to demonstrate the scope of any work, and the time required to comply with the city's minimum building standards. 5) The building standards commission may: grant a continuance for good cause shown. Ifa continuance is granted, notice oft the date, time and location ofthe rescheduled hearing shall be stated and acknowledged by all parties on record, and reduced to writing and provided to the parties before they leave the hearing. No other notice Ordinance 2025-09 Page 8 of 11 ofthe rescheduled hearing must be provided other than the posting of the meeting agenda required by the Texas Open Meetings Act. 6) The building inspector and code compliance official shall appear at all hearings conducted by the building standards commission to testify to the condition of substandard buildings and other relevant matters. Sec. 10-169. - The order - Building Standards Commission final-deeisien recommendation. a) After deliberation, the building standards commission decision recommendation shall be reduced to written order with an effective date, and the contents of the order shall be read into the record. The order shall specifically state whether the substandard building(s) shall be repaired, removed, or demolished and the allowable time for the owner, lienholder, and/or mortgagee to repair, remove, or demolish the building(s). The order may also specify vacation and/or closure of the building and vacation, removal and/or relocation of occupants. If removal, vacation and/or relocation of occupants otherwise lawfully entitled to possession of the structure is necessary, the order shall provide appropriate and lawful instructions to that effect. b) Ifthe commission finds the structure to be in violation ofthe city's building standards, the commission shall allow the owner, lienholder and/or mortgagee 30 days to secure the structure from unauthorized entry and accomplish the needed repairs, removal, or demolition oft the substandard structure. c) If supported by information presented by the owner, lienholder, or mortgagee at the public hearing, the commission may allow the owner, lienholder, or mortgagee no more than 90 days to accomplish the needed repairs, removal, or demolition. The order shall stipulate securing the property from unauthorized entry while the work is being performed, and a specific time schedule for the commencement, performance, and completion of the work. The commission's order may require the owner, lienholder, or mortgagee to demonstrate compliance with the established time schedules. d) All recommendations will be forwarded to the City Council for final approval. Sec. 10-170. - Post-Hearing Notice a) After a public hearing under section 10-169, the Council shall promptly send a copy ofits order by certified U.S. mail/return receipt requested, first class U.S. mail, or personally deliver to all owners, lienholders, and mortgagees ofthe subject property. The order shall include the following: 1. An identification, which is not required to be a legal description, of the building and the property on which it is located. 2. A description of the violation of municipal standards that is present at the building; and Ordinance 2025-09 Page 9 of 11 3. A statement that the municipality will vacate, secure, remove, or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time. b) Within ten days after the date that the order is issued, the cemmissien Council shall file a copy of the order in the office of the city secretary and further publish notice in the local newspaper that shall contain the following information: 1. The street address or legal description of the property at which the substandard structure is located; 2. The date that the public hearing took place; 3. A brief statement oft the commission's decision; and 4. Instructions indicating that a copy of the order may be obtained at the office of the city secretary. Sec. 10-171. - Alternative action. As an alternative to the procedure prescribed by section 10-169, the city may make a diligent effort to discover each mortgagee and lienholder before conducting the public hearing and may give them a notice ofand an opportunity to comment at the hearing. In addition, the city may file notice ofthe hearing in the official public records ofreal property in the county. The notice must contain the name and address of the owner of the affected property if that information can be determined, a legal description ofthe affected property, and a description ofthe hearing. The filing ofthe notice is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after the filing ofthe notice and constitutes notice oft the hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice. Ifthe city operates under this section, the order issued by the municipality may specify ai reasonable time as provided by this section for the building to be vacated, secured, repaired, removed, or demolished by the owner or for the occupants to be relocated by the owner and an additional reasonable time as provided by this section for the ordered action to be taken by any of the mortgagees or lienholders in the event the owner fails to comply with the order within the time provided for action by the owner. Under this section, the city is not required to furnish any notice to a mortgagee or lienholder other than a copy of the order in the event the owner fails to timely take the ordered action. Sec. 10-172. - City action pursuant to order; Exigent circumstances a) If the owner, lienholder, and/or mortgagee fail to comply with the building standards commission order, and no timely appeal is commenced within the 30-day period set forth in section 10-173, the city may take action set forth in the commission's order at City expense. However, the City may assess a privileged lien against the property for the expenses it incurs in taking such action unless such lien is prohibited by state law (for instance, homestead protections under the State Constitution). The city shall have any such lien recorded and indexed in the office of the county clerk. The lien is extinguished if the Ordinance 2025-09 Page 10 of 11 property owner or some other person having an interest in the legal title to the property reimburses the city for its expenses. b) In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a substandard building is immediately repaired, secured, vacated or demolished, the building inspector is authorized to secure, repair, or abate the removal of the condition ofsuch substandard building without a hearing. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in subsection (a) oft this section. Sec. 10-173. - Enforcement a) After any order ofthe building standards commission made pursuant to this ordinance shall become effective, no person to whom any such order is directed shall fail, neglect or otherwise refuse to obey any such order. Any person who fails to comply with such an order is guilty of a misdemeanor or subject to a civil suit in which the city may seek to enforce the order of the building standards commission and to assert other claims as appropriate under Texas law. b) No person shall obstruct, impede, or otherwise interfere with any owner, lienholder, mortgagee, city officer, employee, or a contractor or other authorized representative oft the same who is affecting or attempting to affect the building standards commission order to repair, vacate, remove, or demolish a substandard building under this article. Any person SO interfering is guilty of a misdemeanor. Sec. 10-174. - Judicial review a) Any owner, lienholder, or mortgagee of record of property jointly or severally aggrieved by an order of the building standards commission issued under this article may file in district court a verified petition against the city setting forth that the order is illegal (in whole or in part) and specifying the grounds of the illegality. An owner, lienholder, or mortgagee must file the petition within 30 calendar days after the respective date a copy of the order is mailed or personally delivered as set forth in section 10-170 or such decision shall become final as to each of them upon the expiration of such 30 calendar day period. b) Any judicial review of the building standards commission order shall be limited to a hearing under the substantial evidence rule. The district court may reverse or affirm (in whole or in part) or may modify the decision brought up for review. c) Costs may not be allowed against the city. However, ifthe building standards commission order is affirmed or not substantially reversed (but only modified) the district court shall allow to the city all attorney's fees and other expenses incurred by it and shall enter a judgement for those items, which may be entered against the property owners, lienholders, or mortgagees or any other person properly before the court." 27 SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance 2025-09 Page 11 of 11 Ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions ofthis Ordinance, and the City Council ofthe City of Gatesville, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 4. It is officially found and determined that the meeting at which this Ordinance was passed was open to the public as required by law, and public notice ofthe time, place and purpose ofthis meeting was given as required by law. SECTION5. This Ordinance shall become effectiveimmediately upon its passage and approval. The foregoing Ordinance No. 2025-09 was read the first time and passed to the second reading this 11th day of March, 2025. The foregoing Ordinance No. 2025-09 was read the second time and passed to the third reading this 25th day of March, 2025. The foregoing Ordinance No. 2025-09 was read the third time and was passed and adopted as an Ordinance to the City of Gatesville, Texas, this gth day of April, 2025. - - BY: % lunky GARY My CHUMLEY, MAYOR 1870 ATTESTED: APPROVED AS TO FORM: zu HOLLY OWENS, T.R.M.C. VICTORIA THOMAS CITY SECRETARY CITY ATTORNEY 4936-8265-9627, V. 1