The text
Sec. 22-1. - Minimum standards for vacant and unoccupied structures and buildings.#
(a)
Owner of a vacant or unoccupied structure or building. The owner of a vacant or unoccupied structure or building located within a retail, commercial or industrial zoning district shall within 30 days of such vacancy comply with the following standards to secure said structure or building, preserve its structural integrity, maintain its appearance, and abate any condition that poses a threat to the public health, safety or general welfare:
(1)
The structure or building shall be secured from unauthorized entry by vagrants or other uninvited persons including children. Securing the premises shall be accomplished by boarding up all means of entry or maintaining structurally sound locked doors and windows. All broken windows and doors shall be replaced or securely boarded.
(2)
The exterior of the structure or building shall be maintained so as to be visually compatible to adjacent buildings. Painting of the structure or building in order to preserve a pleasing appearance shall be performed as determined necessary by the city building official. All siding including brick or masonry shall be kept in a state of repair so as to prevent the seepage of water into the premises, and to keep insects and vermin from gaining entry into the structure or building.
(3)
The property shall be kept free of debris and litter and the owner shall cause the grass to be kept mowed, the trees and shrubs trimmed, and all landscaping maintained.
(4)
The roof of such structure or building shall be kept in a good state of repair so as to prevent the entry of water or other elements.
(5)
All utilities to the structure or building shall be maintained in good working order or they shall be disconnected by the utility providing the service. Whether utilities are connected or disconnected, the internal plumbing, electrical wiring and fixtures shall be maintained so as to meet the minimum requirements of the city plumbing and electrical codes.
As used herein the term "vacant" shall mean a structure not intended for human occupation that contains little or no content of value. A structure primarily containing content consisting of scrap material or junk shall be considered vacant under the terms of this section. The term "unoccupied" shall mean a building not actively being utilized for any human actively for which it was originally designed, built or zoned.
(b)
Notice to maintain. Should the building official notice that any building or structure within a commercial, retail or industrial zoning district is vacant or unoccupied and the owner has failed to implement the requirements of this section, he/she shall cause written notice to be sent certified mail, to each owner, lien holder, mortgagee or other individual or entity having an ownership interest in the structure or building. Such notice shall:
(1)
Contain a description of the structure or building and its location.
(2)
Contain a statement of the conditions that must be met in order to come into compliance with this ordinance and state a date not later than 30 days when compliance must be achieved.
(3)
Include a statement that the owner, lien holder, mortgagee or other person or entity having an ownership interest in the structure or building may appeal the decision of the building official to the board of appeals as provided by Chapter 22 of the Code of Ordinances City of Burnet, Texas.
(c)
Board of appeals. Notice of appeal to the board of appeals as provided herein must be filed with the city secretary in writing on or before the compliance date specified by the building official in his/her initial notice. Upon receipt of a timely received appeal, the board of appeals shall hold a public hearing and hear testimony from the building official and any other persons having an interest in the vacant or unoccupied structure or building. The board of appeals shall follow the procedures specified in section 22-28 of the Code of Ordinances concerning dangerous buildings to the extent that such procedures can be made applicable to vacant or unoccupied structures or buildings and the requirements of this ordinance. Decisions of the board of appeals shall be final.
(d)
Penalties. It shall be unlawful for the owner of any vacant or unoccupied structure or building to fail to comply with any final directive of the building official or notice of decision given by the board of appeals. The violation of any provision of this section shall be unlawful and a misdemeanor punishable by fine not to exceed $2,000.00. Each day of violation shall be deemed a separate offense.
(e)
Additional requirement. The terms, conditions, provisions and requirements of this section shall be in addition to and not in lieu of the requirements set forth in any other section or part of the Code of Ordinances, and of all other ordinances and codes of the city.
(f)
Open meetings. That it is hereby officially found and determined that the meeting at which this section is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapt. 551, Loc. Gov't. Code.
(Ord. No. 2002-07, §§ 2—7, 6-11-02)