[00:00:02]
YOU'RE GOING TO BUY SUPPER YOURSELF.
[*This meeting was joined in progress*]
[ITEM 1: Discuss role of the Building Standards Commission and the powers, duties and responsibilities of the Commission.]
OKAY. SO BACK TO THE FLOW CHART.SO WE'RE GOING TO BREAK THIS DOWN.
SO THE FIRST THREE ACTIONS ON THERE YOU CAN SEE ARE ITEMS THAT TAKE PLACE INSIDE THE BUILDING DEPARTMENT WITH OUR CODE ENFORCEMENT OFFICER TO, I DON'T KNOW, DO ALL OF YOU KNOW RICK DENNY? SO RICK IS RICK IS OUR CODE ENFORCEMENT OFFICER.
HE'S A REGISTERED CODE ENFORCEMENT OFFICER WITH THE STATE OF TEXAS.
I'M A REGISTERED CODE ENFORCEMENT OFFICER AT THE STATE OF TEXAS.
WE'RE WORKING ON GETTING SOME OTHER.
SO HE'S OUT ALL THE TIME, CHECKING ON PROPERTIES, CHECKING ON VIOLATIONS AND FOLLOWING UP ON CALLS AND COMPLAINTS THAT WE GET, THINGS LIKE THAT.
IF. SO OUR FLOWCHART STARTS AT VIOLATIONS DISCOVERED.
NOW, THAT COULD BE A CODE ENFORCEMENT OFFICER OUT MAKING HIS ROUNDS.
IT COULD BE A COMPLAINT THAT COMES IN.
IT COULD BE A QUESTION THAT WAS ASKED BY A BOARD OR COMMISSION OR COUNCIL.
THERE'S LOTS OF AVENUES FOR THAT TO COME IN.
BUT FOR WHATEVER REASON, A VIOLATION IS OUT THERE.
WE GO OUT THERE, WE LOOK AT IT AND SAY, YES, THIS IS A VIOLATION OF THE ORDINANCE.
AT THAT POINT, WE IDENTIFY WHO THE PROPERTY OWNER IS AND MAKE NOTICE ON THEM.
THAT NOTICE IS IS COVERED BY STATE LAW.
IT TELLS US EXACTLY HOW WE NEED TO DO IT.
IT GIVES US SOME OPTIONS ON IT.
AS A MATTER OF FACT, WE USE CERTIFIED MAIL AND REGULAR MAIL.
WHEN WE SEND OUT A VIOLATION, A NOTICE OF VIOLATION, IT GOES OUT TWICE.
IT GOES OUT AS A CERTIFIED LETTER AND IT GOES OUT AS A REGULAR LETTER.
SO ANYTIME YOU WE PUT THAT OUT AND THAT WILL BE INFORMATION THAT WE PROVIDE TO YOU THAT WE PROVIDED NOTICE TO THIS OCCUPANT ON OR THIS OWNER ON THIS DATE. AND THIS IS HOW WE NOTIFY THEM BY REGISTERED LETTER AND BY REGULAR MAIL.
IT'S GOING TO TELL THEM WHAT THE VIOLATION IS, WHERE IT'S AT.
AND A TIME FRAME FOR THEM TO FIX IT IN.
GENERALLY, OUR DATES ARE 30 DAYS.
IF WE NOTIFY YOU OF A VIOLATION, YOU HAVE 30 DAYS TO FIX THIS OR OTHER ACTIONS WILL BE TAKEN.
ALL RIGHT. SO NOW WE'RE GOING TO GET INTO THE AUTHORITY OF THE BUILDING STANDARDS COMMISSION.
SO IT LAYS OUT PRETTY CLEAR WHAT THAT AUTHORITY IS TO HEAR AND DETERMINE CASES CONCERNING ALLEGED VIOLATIONS OF THE CITY ORDINANCES. AGAIN, ALLEGED VIOLATIONS.
IT'S OUR DUTY TO PROVE THOSE THOSE THOSE VIOLATIONS TO GIVE YOU THE ORDINANCES THAT THEY ARE IN VIOLATION OF, TO SHOW YOU THE PICTURES THAT PROVE THAT THEY'RE IN VIOLATION OF THAT AND GIVE YOU THE INFORMATION TO BE ABLE TO DETERMINE WHETHER THAT IS A VIOLATION OR NOT.
ALSO RELATED TO THE FIRE SAFETY OF A BUILDING OR AN IMPROVEMENT.
LOTS OF THINGS THAT ARE ASSOCIATED WITH THAT.
AS FAR AS WARNING DEVICES, SPRINKLERS, FIRE SUPPRESSION, AVAILABILITY OF WATER SUPPLY, FIRE EXTINGUISHERS, DESIGN, EGRESS AND THINGS LIKE THAT, ALSO RELATING TO DANGEROUSLY DAMAGED OR DETERIORATED BUILDINGS AND IMPROVEMENTS RELATING TO CONDITIONS CAUSED BY THE ACCUMULATION OF REFUSE VEGETATION AND OTHER MATTER THAT CREATES BREEDING AND LIVING SPACES FOR INSECTS AND RODENTS, OR RELATING TO A BUILDING CODE OR TO A CONDITION USE OR APPEARANCE OF A PROPERTY IN THE CITY.
NOTICE I PUT THAT OR IN RED, BOLD AND AND INCREASE THE SIZE OF THE FONT ON THERE.
YOU'LL SEE THAT IN SEVERAL PLACES ON THIS.
THOSE ARE THOSE ARE KEY AREAS THAT WE HONE IN ON.
[00:05:04]
THAT MEANS THAT ANY OF THOSE APPLY.OKAY. SO THOSE ARE VERY IMPORTANT.
THOSE ANDS ORS SHELLS MAY YOU'LL SEE SEVERAL PLACES WHERE THOSE ARE HIGHLIGHTED AND CALLED OUT IN THERE BECAUSE SOME OF THESE THINGS ARE CUMULATIVE.
YOU HAVE TO YOU HAVE TO HAVE BOTH CONDITIONS IN ORDER TO MOVE FORWARD.
SURE. HEY, WAYNE, CAN YOU HEAR ME? YES. WE CAN'T HEAR MARK OR THE BOARD MEMBERS AND WE CAN'T SEE THE SCREEN.
SORRY. DIDN'T KNOW YOU WERE WORKING ON THE SCREEN.
I DON'T KNOW WHAT'S GOING ON WITH THAT.
I DIDN'T KNOW YOU WERE LISTENING OR I WOULD HAVE INCLUDED YOU.
ABSOLUTELY. AND I'VE GOT A REALLY IMPORTANT FOLLOW UP QUESTION.
WE'RE NOT RESPONSIBLE FOR NEW BUILDING CODES, ARE WE? THAT'S GOING TO BE COVERED IN OTHER DUTIES.
YES. YOU'RE NOT RESPONSIBLE FOR THEM, BUT YOU'RE RESPONSIBLE FOR MAKING A RECOMMENDATION.
ARE WE QUALIFIED TO DO THAT? IT DOESN'T SEEM LIKE WELL, IT DOESN'T SEEM LIKE WE'RE NOT AS QUALIFIED AS YOU ARE IN TERMS OF OF THE BUILDING CODES AND THE AND THEN THERE'S I GUESS THERE'S LORE ABOUT HOW LONG YOU CAN GO BEFORE YOU.
YEAH, WE CAN BE AHEAD OF THAT.
JUST CAN'T FALL BEHIND ON THAT.
UM, THERE'S SOME OTHER THINGS THAT PERTAIN TO THAT, SUCH AS AN ISO RATING.
AND THOSE THINGS CHANGE AT DIFFERENT TIMES.
WELL, SOMETIMES ALL CODES EXCEPT FOR THE NATIONAL ELECTRIC CODE.
THEY'RE ON A THREE YEAR CYCLE AND THEY ALL CHANGE TOGETHER.
NATIONAL ELECTRIC CODE IS ONE YEAR OFF FROM THOSE.
SO NATIONAL ELECTRIC CODE IS THE 2022 MODEL IS THE CURRENT CURRENT MOST CURRENT ONE THAT'S OUT.
2022. THERE'S A 2023 ICC CODE THAT WILL BE OUT.
I'M SORRY I GOT THAT BACKWARD.
NATIONAL ELECTRIC CODE. THERE'LL BE A 24 ICC CODE.
THERE'S THE. THERE'S THE CONVERSION WITHIN THE CITY OF DECATUR.
OKAY. NOW WE'RE GOING OFF OF THIS YEAR CODE, AND WE'RE GOING ON TO THAT YEAR CODE.
IS THAT ISN'T THAT APPROVED BY ORDINANCE BY THE CITY COUNCIL? IT IS. IT IS.
BUT THEY'RE LOOKING WHAT THEY WOULD BE LOOKING FOR.
WE'RE GETTING AHEAD OF THAT CURVE.
OKAY. WE WE CAN HOLD PUBLIC INPUT AT THOSE TIMES ALSO SO THAT IF ANYBODY'S UPSET WITH ANY OF THE CODE VERSIONS THAT ARE COMING OUT, THEY COULD COME FORWARD AND SPEAK WITH THAT AT THE SAME TIME.
THAT WAY WE'VE HELD SOME PUBLIC INPUT TO THAT AND THE BOARD CAN LOOK AT IT AND SAY OR THE BUILDING STANDARDS COMMISSION WOULD LOOK AT IT AND SAY, OKAY, WE DIDN'T HAVE ANY INPUT ON THIS.
WHAT'S THE IMPACT ON THIS? I'M GOING TO GIVE YOU A HIGHLIGHT OF WHAT THE REVISIONS ARE COMING OUT TO THESE WHAT THE POSITIVE IMPACTS ARE FOR IT AND WHAT THE NEGATIVE IMPACTS ARE THAT WE SEE COMING FORWARD WITH THIS.
AND MY UNDERSTANDING IS THAT THEY TAKE ACTION TO SAY EFFECTIVE DATE.
YES, DECATUR IS NOW ON THIS NEW CODE.
YES, IT APPLIES TO CONSTRUCTION HENCEFORTH.
YOU DON'T HAVE TO GO BACK AND CHANGE YOUR BUILDING.
BUT IT'S JUST A THIS IS JUST A RECOMMENDATION.
OKAY. I THINK WE CAN HAVE PUBLIC HEARINGS AND WE CAN ALLOW PEOPLE A CHANCE TO SPEAK.
[00:10:07]
BUT BUT WE DON'T DO THAT.BUT WE DON'T DO IT. I JUST WANT TO BE CLEAR.
WE MAY YOU MAKE A RECOMMENDATION THAT THE CODES THAT THE BUILDING DEPARTMENT IS MOVING FORWARD.
WE AGREE THAT THERE'S NOT AN ISSUE MOVING THESE FORWARD.
COUNCIL TAKES ACTION LEGISLATIVELY, PASSES IT THEN THAT CITY ORDINANCE THAT'S LAW AND OUR JOB AS A JUDICIAL BOARD IS TO JUST LOOK AND OKAY, IS THAT LAW BEEN VIOLATED? WELL, YOU'RE ALSO THAT ALSO CAN YOU SAY MORE THAN THAT WITH WHAT BUILDING CODES ARE AND HOW THEY APPLY? AND SO THERE'S A LOT OF INFORMATION THAT GOES INTO THAT.
OKAY. AND THAT'S WHERE I WOULD BRING TO YOU AND SAY, HERE'S THE CODE SECTION THAT WE'RE IMPLEMENTING OR THAT WE ARE ENFORCING, AND CONTRACTOR X HAS AN ISSUE WITH THIS.
AND THEY WOULD BE THEY WOULD COME FORWARD AND TALK TO YOU ABOUT THAT.
BUT IT KEEPS YOU UP TO DATE WITH WHERE WE'RE AT IN OUR CODES ON THAT.
YEAH, I JUST I GOT AN ISSUE WITH US ACTUALLY.
HAVING THE AUTHORITY TO ADOPT CODE CITY COUNCIL WOULD ADOPT THEM.
WE DON'T ADOPT. WE JUST MAKE A RECOMMENDATION.
AND YOU CAN YOU CAN RECOMMEND THAT WE DON'T MOVE FORWARD.
OKAY. THE IMPLICATION OFF OF THAT IS GOING TO BE AND I'LL I'LL GIVE YOU THE IMPLICATIONS, OKAY.
IF WE DON'T MOVE FORWARD, HERE'S WHAT WE'RE LOOKING AT.
YEAH. MY TAKE ON IT IS WE ARE THE FIRST STEP.
CITY GOVERNMENT APPOINTED COMMISSION.
WELL, THE FIRST STEP AND THEN IT GOES BEYOND US.
WELL, I FEEL LIKE WE HAVE SOME TEETH TO GO AFTER SOME OF THESE PEOPLE, BUT WE ARE THE FIRST STEP.
SORRY. YEAH. SO MAINLY WHAT I'M TRYING TO COVER RIGHT NOW IS DANGEROUS AND DILAPIDATED STRUCTURES.
SO WE WE HAVE ALREADY MADE CONTACT BEFORE ANYTHING GOES OUT, BEFORE ANYTHING COMES HERE TO THIS COMMISSION, WE WILL HAVE ALREADY MADE CONTACT AND ASKED THEM TO MAKE CORRECTIONS TO THE VIOLATION IS.
YEAH, WE UNDERSTAND THIS IS THE SECOND STEP ON THAT.
AND THEN WE PROVIDE YOU THE INFORMATION.
SO WE'VE TRIED TO GAIN COMPLIANCE VOLUNTARILY LIKE THIS.
WE WOULD LIKE WE WOULD LIKE SOMETHING FROM THE COMMISSION TELLING THEM THAT THEY HAVE TO DO THIS.
YOU'RE PROBABLY PURSUING REMEDIES BOTH WITH MUNICIPAL COURT AND WITH US.
THIS WILL GO FROM THIS COMMISSION TO CITY COUNCIL.
IT WILL NOT IT WILL NOT GO TO CITY COUNCIL, NOT FOR DILAPIDATED STRUCTURES.
SHE SAID THAT THEY STILL COULDN'T SEE THAT ON.
THEY CAN NOW. OKAY, GOOD DEAL.
AND AGAIN, YOU HAVE THE POWERS OF A COURT IN THERE.
OKAY. AND THAT'S IN CHAPTER 54.
AGAIN, ANYBODY WANTS TO SEE THAT, I HAVE A COPY OF IT.
THERE IT GOES. SO THIS IS THE AUTHORITY CONTINUED.
I'VE GOT ANOTHER SLIDE IN THERE WITH THIS.
THIS IS A LOT OF OTHER THINGS.
I'M JUST TRYING TO STAY ON THE DILAPIDATED AND DANGEROUS STRUCTURES FOR THE TIME BEING.
WE'LL CIRCLE BACK AROUND TO THESE OTHER AUTHORITIES AS WE MOVE THROUGH THIS.
AUTHORITY CONTINUED SUBSTANDARD HOUSING.
THE BUILDING STANDARDS COMMISSION MAY HEAR CASES REGARDING A SUBSTANDARD STRUCTURE IF THE STRUCTURE IS DILAPIDATED, SUBSTANDARD OR UNFIT FOR HUMAN HABITATION, AND A HAZARD TO THE PUBLIC HEALTH, SAFETY OR WELFARE, OR REGARDLESS OF ITS STRUCTURAL CONDITION.
UNOCCUPIED BY ITS OWNERS, LESSEES OR OTHER INVITEES, AND IS UNSECURED FROM UNAUTHORIZED ENTRY TO THE EXTENT THAT IT COULD BE ENTERED OR USED BY VAGRANTS OR OTHER UNINVITED PERSONS AS A PLACE OF HARBORAGE OR COULD BE ENTERED OR USED BY CHILDREN.
[00:15:05]
I'M SORRY. THE MEANS USED.THE BUILDING CONSTITUTES A DANGER TO THE PUBLIC.
EVEN THOSE SECURED FROM ENTRY OR THE MEANS USED TO SECURE THE BUILDING ARE INADEQUATE TO PREVENT UNAUTHORIZED ENTRY OR USE OF THE BUILDING IN A MANNER DESCRIBED IN SECTION TWO ABOVE.
THE THING THAT COMES TO MIND ON THAT.
OKAY. THE DAY WE AFTER WE HAD THE FIRE, THERE WAS A FENCE THAT WENT UP AROUND THAT.
OKAY. AND IT'S BEEN SECURED EVER SINCE.
I MAKE WEEKLY STOPS AT THE BUILDING ITSELF.
MAKE SURE THAT THE THE FENCE STAYS IN PLACE, THAT THERE'S NO ISSUES THERE MOVING FORWARD.
THEY'RE HANDLING THIS BUSINESS.
THEY'RE WORKING ON TRYING TO COME TO A REMEDY, BUT IT'S REMAINED SECURE.
THEY'RE KEEPING PEOPLE OUT OF IT.
WE DO NOT RECEIVE ANYTHING FROM THEM.
WE DO NOT HEAR ANYTHING FROM THEM.
THEN THAT'S WHEN WE WOULD ENGAGE THE BUILDING STANDARDS COMMISSION.
AT THAT POINT, WE'RE GOING TO MAKE ALL OUR NOTICES FOR THE PUBLIC HEARING ON THERE.
THE NOTIFICATIONS ARE SENT TO ALL OWNERS, LIEN HOLDERS.
SO THAT NOTICE AS FAR AS OUR ORDINANCE AND THIS FOLLOWS STATE LAWS.
NOTICE OF ALL PROCEEDINGS BEFORE THE COMMISSION SHALL BE GIVEN BY CERTIFIED MAIL.
WE DON'T USE THOSE. WE USE THE CERTIFIED MAIL AND SEND IT AS REGULAR MAIL.
ALSO SHALL BE SENT TO THE RECORD OWNERS OF THE AFFECTED PROPERTY AND EACH HOLDER OF A RECORDED LIEN AGAINST THE AFFECTED PROPERTY. THAT MEANS AND I'M SORRY, THAT'S A TRICKY POINT.
IT DOES NOT HAVE TO GO TO EVERY SHAREHOLDER DOES NOT? NO, SIR. TALK TO THE CITY ATTORNEY ON THAT TO VERIFY IT AND DOES NOT.
IT CAN GO TO THE REGISTERED AGENT.
THE REGISTERED AGENT OF THE CORPORATION.
GOOD. BUT YOU CAN SEE HERE, WE GOT AN AND THAT'S UP THERE ON THIS ONE TO ALL UNKNOWN OWNERS BY POSTING A COPY OF THE NOTICE ON THE FRONT DOOR OF EACH IMPROVEMENT SITUATED ON THE AFFECTED PROPERTY.
THAT'S THAT'S WHY WE DO THE CERTIFIED MAIL AND HAVE THAT ABILITY TO POINT THAT BACK AND SAY WE SENT THIS OUT TEN DAYS BEFORE, 12 DAYS BEFORE, WHETHER WE RECEIVE IT BACK OR NOT.
THE NOTICE IS CONSIDERED AFFECTED ONCE YOU SEND THAT REGISTERED LETTER OUT.
AND GIVE IT THE PROPER AMOUNT OF TIME TO COME BACK.
IT'S THE CITY'S RESPONSIBILITY TO PROVE THAT THE STANDARD, THE STRUCTURE IS SUBSTANDARD.
SO WE'LL BE WORKING THROUGH THAT, GIVING YOU ALL OF THE INFORMATION THAT WE'VE DONE THIS I'VE DONE THIS BEFORE IN OTHER MUNICIPALITIES, AND THERE'S A LOT OF INFORMATION THAT'LL COME AT YOU WHENEVER YOU RECEIVE ONE OF THESE.
AND SO YOU'LL YOU'LL SEE ALL THAT.
BUT I WANT TO GIVE YOU ALL OF THE INFORMATION TO BE ABLE TO DETERMINE THAT THIS IS A SUBSTANDARD STRUCTURE AND THAT WE'VE MADE ALL OF THE NOTIFICATIONS THAT ARE REQUIRED FOR THIS. SO LET'S GO TO PROCEEDINGS OF THE BUILDING STANDARDS COMMISSION.
GENERALLY, THE BUILDING STANDARDS COMMISSION SHALL ADOPT RULES TO GOVERN ITS PROCEEDINGS, SO LONG AS THOSE RULES ARE NOT INCONSISTENT WITH THIS ARTICLE AND THE LAWS OF THE STATE OF TEXAS.
SO THE RULES SHALL ESTABLISH PROCEDURES FOR USE IN HEARINGS AND PROVIDE AMPLE OPPORTUNITY FOR PRESENTATION OF EVIDENCE AND TESTIMONY BY RESPONDENTS OR PERSONS OPPOSING CHARGES BROUGHT BY THE CITY OR ITS OFFICIALS RELATING TO ALLEGED VIOLATIONS OF ORDINANCES.
[00:20:09]
THE ORDINANCE GOES ON TO PROVIDE THE CRITERIA FOR DETERMINING A SUBSTANDARD STRUCTURE.A STRUCTURE SHALL BE CONSIDERED SUBSTANDARD IF IT IS IN A CONDITION SUCH THAT IT FAILS TO COMPLY WITH THE MINIMUM STANDARDS SET FORTH IN THE CITY'S ORDINANCES, INCLUDING, BUT NOT LIMITED TO THOSE STANDARDS SET FORTH IN THIS CHAPTER.
WE'LL GET TO THOSE THOSE SPECIFIC ITEMS AS WE MOVE THROUGH THIS SPECIFYING THE MINIMUM PROPERTY STANDARDS AS WELL AS THE CITY'S BUILDING PLUMBING, ELECTRICAL, MECHANICAL HOUSING, RESIDENTIAL PROPERTY MAINTENANCE OR FIRE CODES.
AND. SUCH CONDITIONS EXIST TO THE EXTENT THAT THE LIFE, HEALTH, PROPERTY OR SAFETY OF THE PUBLIC OR ITS OCCUPANTS ARE ENDANGERED HAS TO MEET BOTH OF THOSE CONDITIONS.
WE HAVE TO SHOW THAT IT DOES NOT MEET MINIMUM STANDARDS FOR EITHER THE MINIMUM STANDARDS, MINIMUM PROPERTY STANDARDS SET OUT IN THIS CHAPTER OR ONE OF THE BUILDING CODES THAT APPLIES TO THIS AND THAT IT CREATES.
SO WE'RE GOING TO GO INTO THIS.
WE'VE GOT MINIMUM PROPERTY STANDARDS.
WE'VE GOT TWO SECTIONS ON THIS.
SO THERE'S SIX OF THESE ELIMINATION OF A WHOLE EXCAVATION, SHORT PROTRUSION OR OTHER OBJECT REASONABLY CAPABLE OF CAUSING INJURY TO A PERSON.
TO SECURELY COVER OR CLOSE A WELL CESSPOOL OR CISTERN.
PROVIDE SOLID, SOLID WASTE RECEPTACLES OR CONTAINERS.
PROVIDE DRAINAGE TO PREVENT STANDING WATER.
AND FLOODING, REMOVE DEAD TREES AND TREE LIMBS THAT ARE REASONABLY CAPABLE OF CAUSING INJURY TO A PERSON AND KEEP ALL DOORS AND WINDOWS OF A VACANT STRUCTURE SECURELY CLOSED TO PREVENT UNAUTHORIZED ENTRY.
THE STRUCTURAL STANDARDS ARE A WHOLE LOT MORE.
THERE'S 30, 30 OR 31 OF THOSE THINGS.
AND SO WE'RE GOING TO RUN THROUGH THEM JUST REAL QUICK.
JUST HIGHLIGHTS TO PROTECT THE EXTERIOR SURFACES FILL HOLLOW MASONRY SUPPORTING PIERS, PROVIDE MINIMUM RAILINGS FOR STAIRS, STEPS, BALCONIES AND PORCHES, REPAIR HOLES, CRACKS AND OTHER DEFECTS IN STAIRS, PORCHES, STEPS AND BALCONIES TO MAINTAIN A STRUCTURE AND IT AND ITS STRUCTURES USED FOR ACCESSORY.
IN A WEATHERTIGHT AND WATERTIGHT CONDITION.
MAINTAIN FLOORS, WALLS AND CEILINGS.
PROVIDE CROSS VENTILATION, REPAIR AND REPLACE A CHIMNEY FLUE OR ATTACHMENTS.
OOPS. REPAIR HOLES, CRACKS, BREAKS AND LOOSE SURFACES.
PROVIDE AND MAINTAIN A MOISTURE RESISTANT FINISH OF EACH BATHROOM, SHOWER ROOM AND TOILET ROOM.
PROVIDE EVERY HABITABLE ROOM WITH A WINDOW OR SKYLIGHT.
PROVIDE A HABITABLE ROOM WITH AT LEAST ONE WINDOW OR SKYLIGHT THAT CAN BE OPENED FOR VENTILATION.
PROVIDE EVERY BATHROOM WITH LIGHT AND VENTILATION.
PROVIDE A COMMON HALL FOR OTHER THAN SINGLE FAMILY DWELLINGS.
ADEQUATE LIGHTING AT ALL TIMES.
PROVIDE AND MAINTAIN THE BUILDING FOUNDATION.
PROVIDE EVERY EXTERIOR WALL FREE OF HOLES AND BREAKS OR LOOSE OR ROTTING BOARDS.
PROVIDE ROOFS THAT ARE STRUCTURALLY SOUND AND MAINTAINED.
19 PROVIDE EVERY DWELLING UNIT UNOBSTRUCTED MEANS OF EGRESS.
PROVIDED MAINTAIN PROTECTIVE RAILINGS.
PROVIDED MAINTAIN EVERY WINDOW SUBSTANTIALLY WEATHERTIGHT AND WATERTIGHT.
PROVIDE EVERY EXTERIOR DOOR, BASEMENT AND CELLAR DOOR.
SUBSTANTIALLY WATERTIGHT WEATHER TIGHT AND RODENT PROOF.
PROVIDE EVERY EXTERIOR DOOR WITH PROPERLY INSTALLED HARDWARE.
PROVIDE EXTERIOR DOOR FRAMES TO BE PROPERLY MAINTAINED.
RIGHT EXTERIOR DOOR JAMS, STOPS, HEADERS AND MOLDINGS SECURELY ATTACHED TO THE STRUCTURE.
PROVIDE ALL EXTERIOR WOOD SURFACES.
PROTECTION. PROTECTION FROM THE ELEMENTS.
[00:25:03]
PROVIDED MAINTAINED GARAGES, STORAGE BUILDINGS AND ALL OTHER ACCESSORY STRUCTURES IN GOOD REPAIR.PROVIDE EVERY FLOOR, INTERIOR, WALL AND CEILING TO BE STRUCTURALLY, SUBSTANTIALLY RODENT PROOF.
MAINTAIN EVERY STRUCTURAL ELEMENT OF THE DWELLING STRUCTURALLY SOUND.
PROVIDE AND MAINTAIN INTERIOR STAIRS AND STAIRWELLS.
MORE THAN FOUR RISERS IN HEIGHT WITH HANDRAILS.
THERE'S A LOT OF ELEMENTS THAT GO INTO THAT, BUT THEY'RE ALL LIFE SAFETY ISSUES.
THEY'RE ALL THINGS THAT HAVE BEEN IN BUILDING CODES SINCE THE BEGINNING OF BUILDING CODES.
THESE ARE NOT ISSUES THAT THAT YOU'RE GOING TO HAVE ON A REGULAR BASIS.
WE'RE NOT GOING TO BRING TO YOU SOMEONE THAT THAT HASN'T PAINTED THEIR HOUSE FOR A COUPLE OF YEARS.
YEAH, YOU'RE GOING TO SEE ME UP HERE WITH LIMBS ON MY.
WE'RE LOOKING FOR HEALTH AND SAFETY ISSUES.
BUT IF THEY'RE NOT, THEN THE END IS THEY'VE GOT TO BE A PUBLIC HEALTH SAFETY.
THAT'S THAT AND PORTION OF THAT.
A LOT OF SINGLE FAMILY HOMES, YOU KNOW.
YEAH. THE ONLY PEOPLE THAT ARE POTENTIALLY ENDANGERED THERE ARE THE PEOPLE WHO LIVE IN THE HOUSE.
A RENTED PROPERTY LIKE A DUPLEX.
OKAY? MIGHT NOT BE OTHERWISE, BECAUSE THAT'S KIND OF PUBLIC.
HOTEL, YOU KNOW, THAT KIND OF THING.
BED AND BREAKFAST. OKAY, MOST PEOPLE WANT TO MAINTAIN THEIR PROPERTIES, BUT IF YOU'VE GOT SOMEBODY, YOU KNOW, IF IF YOU HAVE A NEIGHBOR AND THEY HAVE A WALL THAT IS SAY IT GOT HIT BY A CAR.
ABSOLUTELY. YOU KNOW, WE NEED TO FIX THAT.
OKAY. WE'RE GOING TO GIVE THEM SOME SOME SOME TIME TO FIX THAT.
THAT'S NOT REASONABLE ON MY PART.
OKAY. BUT BUT IF WE'VE WORKED THROUGH THIS AND HERE WE ARE SIX MONTHS DOWN THE LINE, YOU'VE GOT TO FIX THIS AND GIVE SHOW YOU WHERE WE'VE PROVIDED THEM NOTICE OVER AND OVER AGAIN, HEY, IT'S RAINED IN THE HOUSE.
THE BOARDS ARE FALLING OFF AGAIN.
THIS IS THIS IS A THIS IS AN ISSUE.
WE'RE GOING TO BRING THAT TO YOU AND SHOW YOU THOSE THINGS.
PRIVATE PROPERTY. CUT THAT LIMB DOWN.
IT STILL APPLIES. THAT'S STILL A DECISION THAT THAT THIS BOARD WOULD NEED TO MAKE.
IF IT DID, TREE IS OUT ON THE PROPERTY LINE LEANING OVER THE STREET.
HERE'S YOUR TIME FRAME TO DO IT.
SO ONCE YOU DETERMINE THAT THAT PROPERTY IS SUBSTANDARD, ONCE WE'VE BROUGHT IT TO YOU AND SAID THIS PROPERTY, WE FEEL THAT THIS PROPERTY IS SUBSTANDARD, HERE'S THE ORDINANCES OR THE BUILDING CODES THAT IT'S IN VIOLATION OF.
HERE ARE THE ITEMS THAT SUBMITTED FOR YOUR REVIEW.
HERE ARE THE PICTURES THAT GO WITH THIS.
[00:30:02]
REPAIR OF THE SUBSTANDARD STRUCTURE IN A FIXED PERIOD OF TIME, ORDER IN AN APPROPRIATE CASE, THE IMMEDIATE REMOVAL OF PERSONS OR PROPERTY FOUND ON PRIVATE PROPERTY IN OR ON PRIVATE PROPERTY TO SECURE THE REMOVAL.IF IT IS DETERMINED THAT CONDITIONS EXIST ON THE PROPERTY THAT CONSTITUTE A VIOLATION OF AN ORDINANCE AND ORDER ACTION TO BE TAKEN AS NECESSARY TO REMEDY, ALLEVIATE OR REMOVE ANY SUBSTANDARD BUILDING FOUND TO EXIST.
IF THE STRUCTURE IS NOT VACATED, SECURED, REPAIRED, REMOVED OR DEMOLISHED, OR THE OCCUPANTS ARE NOT RELOCATED WITHIN THE TIME ALLOTTED BY THE COMMISSION, THE CITY MAY VACATE, SECURE, REMOVE OR DEMOLISH THE BUILDING OR RELOCATE THE OCCUPANTS AT THE CITY'S EXPENSE.
AT THAT POINT, WE WOULD ASSESS LIEN IF THEY DO NOT REIMBURSE US FOR WHAT'S DONE.
HERE'S PART OF THE QUASI-JUDICIAL PART OF IT.
THE BOARD. THE COMMISSION CAN ISSUE ORDERS OR DIRECTIVES TO ANY PEACE OFFICER OF THE STATE, INCLUDING A SHERIFF CONSTABLE OR THE CHIEF OF POLICE AND THE CITY'S BUILDING OFFICIAL AND CHIEF CODE ENFORCEMENT OFFICER TO ENFORCE AND CARRY OUT THE LAWFUL ORDERS OR DIRECTIVES OF THE COMMISSION.
SO YOU HAVE THE AUTHORITY TO ASSESS CIVIL PENALTIES.
SO. YOU HAVE THE DIRECTIONS WHICH DIRECTIONS WE NEED TO GO.
DO WE NEED TO VACATE THAT BUILDING? DO WE NEED TO BOARD IT UP? DO WE NEED TO DEMOLISH IT? WHAT NEEDS TO HAPPEN WITH THAT BUILDING? AND YOU CAN WEIGH THAT EVIDENCE THAT WE BRING FORWARD TO YOU AS TO WHAT NEEDS TO HAPPEN WITH THAT.
SO THE NEXT PORTION OF THIS IS THE CIVIL PENALTIES.
CIVIL PENALTIES COME IN MANY FORMS. OKAY. AND SO THERE'S A LOT TO THAT.
BUT THE CIVIL PENALTIES ARE AN OPTION THAT WOULD INCLUDE ADDITIONAL LEGAL ADVICE AND REPRESENTATION.
SO IN INSTANCES WHERE THE VALUE OF THE CORRECTION IS EXCESSIVE OR THE REMOVAL OF THE VIOLATION IS COMPLICATED AND EXTENSIVE, CIVIL PENALTIES PROVIDE AN ALTERNATIVE TO INCUR A JUDGMENT OR ORDER FROM A HIGHER COURT.
SO IT'S SOMETHING THAT WE CAN USE IF, OF COURSE, WE DON'T HAVE THE MEANS TO TEAR DOWN A LOT OF BUILDINGS IN DECATUR, THAT'S WE JUST DON'T HAVE A LARGE BUDGET FOR THAT.
SO IF WE GET A COMPLICATED STRUCTURE THAT HAS TO BE HAVE ABATEMENT AND IS GOING TO TAKE SEVERAL THOUSAND DOLLARS TO TO REMOVE, WE'RE GOING TO WANT TO TRY TO PLACE THAT PRESSURE ON THAT PROPERTY OWNER IN ORDER FOR THEM TO REMOVE THAT.
THERE'S SOME SOME OTHER WAYS THAT WE CAN MOVE THROUGH THAT.
THE BURDEN TO DO THAT ON THE OWNER? ABSOLUTELY. THE BURDEN WILL ALWAYS GO TO THE PROPERTY OWNER INITIALLY.
BUT IF HE IF THEY JUST REFUSE.
BUT IF THEY REFUSE, ARE WE FORCING THE CITY NOW TO STEP INTO IT, FORCING IT? BUT THERE ARE SOME REMEDIES IN HERE, AND THAT'S WHENEVER YOU TAKE ON THAT.
THINGS THAT THAT ARE THAT ARE GOING TO APPLY MORE PRESSURE TO THEM, BECAUSE I GUARANTEE YOU, YOU DON'T WANT TO END UP IN A SITUATION WHERE WE KNOW ABOUT SOMETHING AND WE'VE WE'VE DONE THE ACTION.
AND THEN THEY HAD TO COLLAPSE ON THAT BUILDING AND NOTHING WAS TAKEN FORWARD WITH THAT.
THEY THEY HAD A THEY HAD AN ORDER TO VACATE.
DON'T KNOW WHAT THAT ORDER ENTAILED.
DON'T KNOW IF IT WENT TO A BUILDING STANDARDS COMMISSION.
SO SO WE'RE CREATING SOME SOME REQUIREMENTS ON OUR PART OF THE CITY TO FIX A PROBLEM.
[00:35:05]
WE PROBABLY HAVE INCURRED SOME LIABILITY FOR THE CITY TO TAKE.I WOULDN'T THINK THAT WE'VE INCURRED ANY LIABILITY ON THAT.
WE'VE IDENTIFIED IT AND WE'RE PURSUING THOSE ACTIONS.
BUT. IT GIVES US A MEANS TO DO.
I'M SORRY IF WE DON'T FOLLOW THROUGH.
IF WE DON'T FOLLOW THROUGH. AND THAT'S THAT'S PART OF OUR OFFICES REQUIREMENTS IS TO FOLLOW THROUGH WITH THAT AND TO TO SECURE THAT WHATEVER MEANS IS NECESSARY TO DO THAT.
IF IT COMES DOWN TO TO NOTICES THAT GO THROUGH COURT, THAT'S WHAT WE NEED TO DO.
THE PERSON THAT WE ARE THAT'S BEING COMPLAINED ABOUT.
WE CAN FILE SUIT AGAINST AGAINST THAT PROPERTY OWNER ALSO.
FOR INSTANCE, IF WE DECIDE. OKAY.
THE PROPERTY OWNER FOR ALL THOSE COSTS AND EXPENSES.
AND THEN WE'VE GOT SOME REMEDIES THAT YOU'LL SEE YOU'LL SEE IN THERE THAT I THINK WE CAN USE.
ALL RIGHT. SO THIS SECTION COVERS THE THE MUNICIPAL THE CIVIL PENALTIES.
CIVIL PENALTIES. THE COMMISSION MAY ASSESS CIVIL PENALTIES AGAINST THE PROPERTY OWNER FOR FAILURE TO REPAIR, REMOVE OR DEMOLISH A SUBSTANDARD STRUCTURE UPON PROOF PRESENTED BY THE CITY THAT THE PROPERTY OWNER WAS NOTIFIED OF THE REQUIREMENTS OF THE CITY'S SUBSTANDARD BUILDING ORDINANCE, ALONG WITH NOTIFICATION OF THE OWNER'S NEED TO COMPLY. AND THE OWNER CONTINUED TO VIOLATE THE ORDINANCE AFTER RECEIVING THAT NOTICE.
SO WE HAVE TO PROVE BOTH OF THOSE THINGS.
THE AMOUNT OF THE CIVIL PENALTY IS SET BY LOCAL GOVERNMENT CODE 54 017.
THE BEST I CAN TELL IN THERE, THAT'S $1,000 PER VIOLATION PER DAY.
THERE'S SEVERAL THERE'S CRITERIA FOR ASSESSING THE PENALTIES TO TAKE INTO CONSIDERATION THE SEVERITY OF THE VIOLATIONS, PRESENT THE HISTORY OF THE COMPLIANCE OF THE PROPERTY OR THE OWNERS AND ANY EFFORTS THAT WERE TAKEN BY THE OWNERS.
THE DETERMINATION MADE UNDER THIS SECTION IS FINAL AND BINDING.
ENFORCEMENT OF THE CIVIL PENALTIES TO ENFORCE A CIVIL PENALTIES UNDER THIS SECTION.
AND SO THAT WOULD BE SOMETHING.
AND IF YOU'LL SEE DOWN THERE ON F REMEDIES ARE CUMULATIVE.
THE REMEDIES AUTHORIZED UNDER THIS ARTICLE ARE INCLUSIVE AND NOT EXCLUSIVE AND SHALL IN NO WAY PREVENT THE CITY FROM EXERCISING ALL OTHER REMEDIES AT LAW TO WHICH THEY MAY BE ENTITLED, INCLUDING PROCEEDINGS UNDER THE JURISDICTION OF THE MUNICIPAL COURT OR INJUNCTIVE OR OTHER CIVIL RELIEF AS ALLOWED BY LAW, SO WE CAN PURSUE THESE ALL AT THE SAME TIME.
WE DON'T HAVE TO GO TO ONE AND THEN THE OTHER AND MOVE FORWARD LIKE THAT.
WHAT THE CORRECTIVE ACTION IS, WHETHER THERE ARE CIVIL PENALTIES INVOLVED.
YOU CAN ALWAYS COME BACK WITH THE CIVIL PENALTIES ON THAT.
THAT'S NOT A ONE TIME AND DONE SITUATION.
AND THE ORDINANCE PROVIDES SPECIFIC TIME FRAMES AND CONDITIONS WHEN ALLOWING FOR CORRECTIVE ACTION.
SO ONCE IT'S DETERMINED TO BE A SUBSTANDARD STRUCTURE, IT'S THEIR RESPONSIBILITY TO SAY, WE'RE GOING TO AND YOU GIVE THAT THAT TIME FRAME FOR THEM TO SET THAT IN AND THEY SAY, NO, WE CAN'T DO IT IN THAT AMOUNT OF TIME.
[00:40:01]
SHOW US WHY YOU CAN'T DO IT IN THAT AMOUNT OF TIME.I DON'T I WANT I WANT YOU TO PROVIDE THAT PROOF.
OKAY. SO ACTIONS BY THE BY THE COMMISSION AS FAR AS FRAMES TIME TIMEFRAMES FOR COMPLIANCE AFTER MAKING A FINDING THAT A BUILDING IS SUBSTANDARD, THE COMMISSION SHALL COMPLY WITH THE FOLLOWING TIME FRAMES A 30 DAY TIME PERIOD EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, THE COMMISSION SHALL REQUIRE THE OWNER LIENHOLDER OR MORTGAGEE OF A SUBSTANDARD BUILDING TO WITHIN 30 DAYS OF THE DATE OF THE HEARING.
ONE SECURE THE BUILDING FROM UNAUTHORIZED ENTRY OR TO REMOVE, REPAIR OR DEMOLISH THE BUILDING UNLESS THE OWNER OR LIENHOLDER ESTABLISHES AT THE HEARING THAT THE WORK CANNOT REASONABLY BE PERFORMED WITHIN 30 DAYS.
IF THE COMMISSION ALLOWS THE OWNER OR LIEN HOLDER OR MORTGAGEE MORE THAN 30 DAYS TO REPAIR, REMOVE OR DEMOLISH THE BUILDING, THE COMMISSION SHALL ESTABLISH SPECIFIC TIME SCHEDULES FOR THE COMMENCEMENT AND PERFORMANCE OF THE WORK AND SHALL REQUIRE THE OWNER, LIEN, HOLDER OR MORTGAGEE TO SECURE THE PROPERTY IN A REASONABLE MANNER FROM UNAUTHORIZED ENTRY.
WHILE THE WORK IS BEING PERFORMED AS DETERMINED AT THE HENRY HEARING.
SO IT GIVES A LITTLE BIT MORE TIME, BUT IT REQUIRES A LITTLE BIT MORE ACTION ON THEIR PART.
THIRD OPTION IS TIME PERIOD IN EXCESS OF 90 DAYS.
THE COMMISSION MAY ONLY ALLOW THE OWNER LIENHOLDER OR MORTGAGEE MORE THAN 90 DAYS TO REPAIR, REMOVE OR DEMOLISH THE BUILDING, OR FULLY PERFORM ALL WORK REQUIRED TO COMPLY WITH THIS ORDER.
IF THE OWNER, LIENHOLDER OR MORTGAGEE SUBMITS A DETAILED PLAN AND TIME SCHEDULE FOR THE WORK AT THE HEARING AND ESTABLISHES AT THE HEARING THAT THE WORK CANNOT BE REASONABLY COMPLETED IN 90 DAYS BECAUSE OF THE SCOPE OR COMPLEXITY OF THE WORK AND REGULARLY SUBMITS PROGRESS REPORTS TO THE MUNICIPALITY TO DEMONSTRATE COMPLIANCE SO PROVIDES SOME OPTIONS TO THEM AS THEY MOVE FORWARD.
THIS IS THE PART I'VE TALKED WITH THE CITY ATTORNEY ON.
THERE IS A PERIOD RIGHT THERE.
YOU CAN SEE IT'S IN RED AT THE END OF TIME SCHEDULES.
THAT IS A SEPARATE SENTENCE UNDER BOND REQUIREMENTS.
IF THE OWNER, LIEN HOLDER OR MORTGAGEE OWNS PROPERTIES, INCLUDING STRUCTURES OR IMPROVEMENTS ON THE PROPERTY WITHIN THE CITY, BOUNDARIES THAT EXCEED $100,000 IN TOTAL VALUE, THE CITY MAY REQUIRE THE OWNER LIEN HOLDER MORTGAGEE TO POST A CASH BOND, CASH OR SURETY BOND IN AN AMOUNT ADEQUATE TO COVER THE COST OF REPAIRING, REMOVING OR DEMOLISHING A BUILDING UNDER THIS ARTICLE.
SO IF YOU BRING IF THEY BRING IN BRING THEM IN HERE, IF THEY OWN PROPERTY THAT'S IN EXCESS OF $100,000, INCLUDING STRUCTURES THAT ARE ON THE PROPERTY, YOU CAN REQUIRE A BOND BE POSTED FOR THAT.
AND THEN WE HAVE THE MONEY TO FIX THE PROBLEM.
RIGHT. BURDEN OF PROOF IS ON THE OWNER TO DEMONSTRATE THE SCOPE OF WORK MAY REQUIRE TIME LIMITS ON THIS. ONCE THAT DETERMINATION IS MADE, WE SEND NOTIFICATION TO THAT PROPERTY OWNER AGAIN OF WHAT THE THE THE BUILDING STANDARDS COMMISSION'S RULING WAS AND ALL THE TIMEFRAMES THAT IT WAS DETERMINED TO BE A SUB STANDARD STRUCTURE, THAT THE BUILDING STANDARDS COMMISSION DETERMINED THAT THIS ACTION NEEDS TO HAPPEN WITH IT IN THIS AMOUNT OF TIME.
AND SO WE SEND THAT TO THEM WHETHER THEY'RE HERE OR NOT.
IT'S A STATE REQUIREMENT TO SEND IT TO THEM.
FINAL DECISION OF THE COMMISSION.
THIS JUST TALKS ABOUT HOW THAT'S THAT'S SENT TO THEM AND HOW MUCH TIME WE HAVE TO SEND IT TO THEM.
THERE IS AN APPEAL PROCESS FROM THE BUILDING STANDARDS COMMISSION.
WITHIN 30 DAYS, THEY HAVE TO FILE THAT APPEAL.
IF THEY DO NOT FILE THAT APPEAL WITHIN 30 DAYS, THE DECISION IS FINAL.
THERE'S ALSO SOME INFORMATION IN HERE ON HOW THAT WORKS FOR JUDICIAL REVIEW.
[00:45:02]
THEY HAVE TO FILE THAT WITHIN 30 DAYS.BUT THE APPEAL THE PROCEEDINGS SHALL NOT BE STAYED BY AN APPEAL OR ISSUANCE OF A WRIT.
AND I'M SORRY, I'M PROBABLY GOING TO BUTCHER THIS WORDS SARTORI.
THE ONLY WAY THAT THAT WOULD HAPPEN.
IF THEY FILE A AN APPEAL TO THE DISTRICT COURT.
THEN COSTS MAY NOT BE ALLOWED AGAINST THE COMMISSION PANEL.
IF THE DECISION OF THE COMMISSION PANEL IS AFFIRMED OR NOT SUBSTANTIALLY REVERSED, BUT ONLY MODIFIED, THE DISTRICT COURT SHALL ALLOW THE CITY ALL ATTORNEY FEES AND OTHER COSTS AND EXPENSES INCURRED.
WE GO BACK AND MAKE AN INSPECTION OF THE PROPERTY AT THE END OF THE TIME FRAME.
DETERMINE IF THE CORRECTIONS THAT NEED TO BE MADE HAVE BEEN MADE.
IF THEY HAVE. WE CLOSE THE CASE.
IF THEY HAVEN'T MADE THOSE CORRECTIONS, THEN WE DETERMINE WHAT THAT NEXT STEP IS.
SOMETIMES THOSE CORRECTIONS WILL BE MADE BY CODE ENFORCEMENT.
OTHER TIMES IT WILL BE THROUGH CIVIL PENALTIES THAT WE WOULD WE WOULD MOVE FORWARD ON.
ONCE THAT'S DONE, NOTICE OF THE ACTION TAKEN BY THE CITY IS SENT TO THE PROPERTY OWNER AGAIN.
WE GIVE THEM NOTICE OF THE LIEN.
WE DO THIS ON A REGULAR BASIS ON MOWING.
ONE OF THE LIENS ON THE MOWING THAT WE DID.
THE PROPERTY WAS TAKEN BACK BY THE BANK.
AND WE'D MOWED IT WHILE IT WAS STILL IN FORECLOSURE PROCEEDINGS.
BUT ONCE THE BANK TOOK IT OVER, THEY CLEARED UP THE.
BUT WE DO HAVE TO SEND NOTIFICATIONS AT ALL OF THESE JUNCTURES IN THERE TO THEM.
IT'S AUTHORIZED BY THE STATE OF TEXAS.
AGAIN, COMPLIANCE IS ALWAYS THE GOAL.
THAT'S ALL WE'RE LOOKING FOR IS COMPLIANCE.
AND IF WE CAN GET IT VOLUNTARILY, WE WILL.
BUT WE WANT TO WE WANT TO USE ALL METHODS AVAILABLE TO US.
BUILDING STANDARDS COMMISSION IS ANOTHER TOOL IN THAT ARSENAL THAT WE WILL BE ABLE TO USE FOR THAT.
SO THAT PRETTY MUCH COVERS THE SUB STANDARD STRUCTURES.
AND YOU CAN SEE THAT IT'S PRETTY MUCH LAID OUT IN THERE AND YOU BE PROVIDED WITH INFORMATION ALONG THE WAY AND YOU HAVE A STRUCTURED STANDARD TO GO BY AS FAR AS WHAT ACTIONS YOU CAN REQUIRE, HOW TO DETERMINE IF IT'S A SUBSTANDARD STRUCTURE, IF IT MEETS THE CRITERIA, IF IT DOES NOT. THAT'S THAT'S A DECISION THAT YOU WOULD HAVE TO MAKE.
BUT ONCE YOU GET PAST THAT, IT TELLS YOU EXACTLY WHAT WHAT ACTIONS YOU CAN REQUIRE FROM THEM, HOW THE TIME FRAMES WORK ON THAT AND WHAT THE ACTIONS TO TAKE AFTER THAT ARE.
AND THERE'S SEVERAL AVENUES THAT CAN BE TAKEN, BUT IT'S ALL THERE IN AVAILABLE TO YOU.
SO. WANTED TO CIRCLE BACK AROUND TO THE AUTHORITY ON THIS.
AND THIS IS SOME OF THE STUFF THAT WE WERE TALKING ABOUT EARLIER.
THIS A IS PRETTY MUCH THE PUBLIC SAFETY PORTION OF IT.
WHAT WE JUST WENT THROUGH RELATED TO DANGEROUS OR DETERIORATED BUILDINGS AND IMPROVEMENTS.
RELATED TO BUILDING CODE VIOLATIONS, CONDITIONS OF USE AND THINGS LIKE THAT.
THOSE ARE ALL THE SUBSTANDARD STRUCTURE PORTIONS OF IT.
THE OTHER FUNCTIONS THAT ARE LISTED IN THERE A ON THAT IS STUDYING CODE AMENDMENTS AND MAKING RECOMMENDATIONS TO THE CITY COUNCIL REGARDING ANY PROPOSED AMENDMENTS TO THE BUILDING AND FIRE CODES.
SO WHAT WE GENERALLY DO AS FAR AS BUILDING.
[00:50:07]
CODES. ON THAT.SO OUR BUILDING CODES ARE UPDATED EVERY THREE YEARS.
INCLUDES BUILDING CODE, RESIDENTIAL CODE, PLUMBING CODE, MECHANICAL, EXISTING BUILDING CODE, ENERGY CONSERVATION CODE, SWIMMING POOL AND SPA CODE.
FIRE CODE. NATIONAL ELECTRIC CODE.
I THERE ARE SEVERAL INSTANCES WHERE I DO RECOMMEND THAT WE DROP SOME OF THE CODE AMENDMENTS IN THERE SO WE CAN CHERRY PICK WHAT WORKS BEST FOR US IN THOSE AMENDMENTS AND THAT'S WHEN WE BRING IT BACK TO YOU.
AND YEAH, I'VE HEARD ABOUT THAT AND TRYING TO DO THAT.
I'LL GIVE YOU I'LL GIVE YOU A PERFECT EXAMPLE OF THAT.
COG HAS COME OUT WITH A WITH A STANDARD.
I DON'T NECESSARILY AGREE WITH THAT.
THE A SMALL ACCESSORY STRUCTURE DOESN'T NECESSARILY HAVE TO BE ENGINEERED.
QUALIFIED PEOPLE TO BE ABLE TO LOOK AT THAT AND DETERMINE IF IT MEETS THOSE STANDARDS.
IT CAN USE A PRESCRIPTIVE FOOTING TO GO UNDER IT.
AND SO WE WANT TO BE ABLE TO MAINTAIN THAT ABILITY TO MOVE AROUND ON THAT.
OKAY. SO WE'LL BE ADDING SOME SOME CHANGES TO THAT TO MAKE SURE THAT WE'RE GOOD ON THAT.
WE HAVE TO LOOK AT THAT TO DETERMINE DOES IT LESSEN THE MINIMUM STANDARDS? WE HAVE TO MAINTAIN THOSE MINIMUM STANDARDS THAT WE HAVE.
BUT IT GIVES THEM AN AVENUE TO BRING THAT FORWARD AGAIN.
IT WILL BE SOMETHING THEY PRESENT TO YOU THE INFORMATION THAT THEY HAVE.
I'LL PRESENT TO YOU WHAT THE CODE SAYS AND WHY IT SAYS IT, AND WE'LL MOVE FORWARD FROM THERE.
SO WHEN SOMEBODY COMES TO YOU AND SAYS, I DON'T WANT TO SPRINKLE MY BUILDING.
I KNOW IT'S PART OF THE CODE, BUT I DON'T WANT TO DO THAT.
THAT'S COMING TO US, ISN'T IT? IT CAN. I'M GOING TO RECOMMEND THAT THEY DON'T DO THAT.
AND I'LL TELL YOU WHY HERE IN JUST A SECOND AS WE MOVE DOWN THROUGH THIS.
BUT BUT YES, THAT CAN BUT THIS COMMISSION SHOULDN'T BE WHERE EVERYTHING GOES TO.
YOU'RE ABSOLUTELY RIGHT TO BLAME OFF THE STAFF.
NOW AND I'LL TELL YOU EXACTLY WHY WE DO THIS.
IF THEY CHOOSE TO FILE A AN APPEAL TO THE DECISION OF THE BUILDING OFFICIAL, I HAVE TO TAKE THAT.
IS SERVING AS AN ADVISOR TO THE BUILDING OFFICIAL OR FIRE CHIEF.
THERE'S GOING TO BE SOME THINGS AND YOU'LL SEE THEM AS WE MOVE FORWARD.
YOU MENTIONED RENTAL PROPERTIES EARLIER.
WE'VE BEEN LOOKING AT WE'VE HAD SOME ISSUES IN THE CITY OF DECATUR WITH SOME RENTAL PROPERTIES FROM SOME PEOPLE THAT DON'T LIVE HERE AND THEIR RENTAL PROPERTIES HAVE GOTTEN IN PRETTY BAD SHAPE AND WE'RE TRYING TO PUSH THOSE FORWARD.
WE'RE GOING TO BE BRINGING FORWARD A ORDINANCE THAT IS A RENTAL INSPECTION ORDINANCE AT SOME POINT, BRING IT TO YOU, LET YOU LISTEN TO IT.
I WANT TO HEAR YOUR COMMENTS ON IT.
YOU LET ME KNOW IF I NEED TO DO MORE RESEARCH.
IF YOU THINK THAT SOME OF THE SECTIONS IN IT.
[00:55:04]
BUT THAT'S WHERE THAT'S WHERE THAT PORTION OF IT COMES IN.D IS HERE APPEALS TO THE DECISION OF THE BUILDING OFFICIAL OR FIRE CHIEF, MAKING RULINGS PERTAINING TO DECISIONS REGARDING SUBSTANDARD OR DANGEROUS BUILDINGS AS FURTHER PROVIDED IN THIS ARTICLE OR OTHER AREAS AS SPECIFIED IN DULY APPOINTED ORDINANCES OF THE CITY BUILDING STANDARDS COMMISSION SERVES AS THE BOARD OF APPEALS THAT IS SPECIFICALLY CALLED OUT IN BUILDING CODES.
THIS IS ALL INFORMATION THAT'S COMING STRAIGHT OUT OF THE BUILDING CODES.
THE WHENEVER SOMEONE BRINGS A AN APPEAL TO A DECISION THAT I'VE MADE, IT'S GOING TO HAVE TO BE BASED ON A CLAIM THAT THE INTENT, THE TRUE INTENT OF THE ADOPTED CODE CODES HAVE BEEN INCORRECTLY INTERPRETED THAT I JUST MADE A MISTAKE AND AND I DIDN'T.
I'M NOT READING THAT CORRECTLY.
THE PROVISIONS OF THE CODE DO NOT FULLY APPLY.
THEY'RE GOING TO BRING YOU TO SAY, WELL, WE DON'T THINK THAT IT APPLIES BECAUSE OF THIS.
AND I WILL TELL YOU IT APPLIES BECAUSE OF THIS.
AND I SAY, WELL, BRING ME BACK SOME STUDIES ON THIS.
AND THEY SAID, WELL, WE DON'T WANT TO.
AND THEY COULD COME TO THE BUILDING STANDARDS COMMISSION AND SAY, HEY, WE'RE PROPOSING THIS.
WE THINK IT'S JUST AS GOOD BUILDING OFFICIALS SAYING, NO, WE CAN'T USE IT.
AND I'M GOING TO SAY, OKAY, HERE'S THE CRITERIA FOR PROVIDING THAT.
AND THIS IS WHAT I'VE TOLD THEM TO PROVIDE.
THEY SAY THEY DON'T WANT TO MOVE FORWARD WITH THAT.
BUT AGAIN, IT'S MY DUTY TO PROVIDE YOU THE INFORMATION TO BE ABLE TO SAY, HEY, WE'RE FOLLOWING THE STANDARDS AND CODES, NOT JUST BECAUSE I SAY I DON'T LIKE IT, BUT I'M GOING TO PROVIDE YOU A REASON AND SOMETHING TO STAND BEHIND ON THAT.
BUT WE'RE ALMOST FINISHED SERVING THE BOARD TO HEAR APPEALS FOR REVOCATIONS OF REGISTRATIONS.
WE DO REVOKE OR WE DO SUSPEND REGISTRATIONS OCCASIONALLY.
I HAVE NEVER REVOKED A REGISTRATION.
I'VE ALWAYS BEEN ABLE TO GET THEM BACK ON TRACK.
BUT I IT'S WHEN A CONTRACTOR HABITUALLY DOES NOT OBTAIN PERMITS FOR WORK WHEN REQUIRED OR WHEN A CONTRACTOR DOES NOT COMPLETE THE INSPECTION PROCESS OR WHEN THERE'S A DEMONSTRATED PATTERN OF ILLEGAL OR BELOW CODE WORK.
BUT THERE IS A WHOLE PROCESS FOR NOTIFYING THEM AND GIVING THEM THE OPPORTUNITY TO DO THAT.
BUT THEY MAY WANT TO TO FILE AN APPEAL, JUST SO YOU KNOW.
ANY APPEAL THAT COMES TO THIS BOARD, THERE'S A $500 APPLICATION FEE AS ESTABLISHED BY ORDINANCE.
AND I'M GOING TO EXPLAIN TO THEM THAT.
IT HAS TO MEET THESE CRITERIA.
YOU HAVE TO TELL WHY YOU'RE GOING TO MEET.
OR GIVE ME YOUR REASONING WHY YOUR YOUR YOUR CONTRACT BETTER BE GOOD BECAUSE THERE'S A $500 CHECK.
YEAH, I'M FAMILIAR WITH THOSE.
THE $500 FEE FOR FOR HEARING THAT.
ALL RIGHT. SO ORDER THE REPAIR WITHIN A FIXED PERIOD OF TIME.
BUILDING STANDARDS COMMISSION MAY NOT GRANT VARIANCES.
OKAY. THEIR CODES ARE MINIMUM STANDARDS.
ZBA GRANTS VARIANCE, RIGHT? SO BUILDING STANDARDS COMMISSION DOES NOT GRANT VARIANCES.
AND THEN I ANYTHING ELSE THAT'S ALLOWED BY LAW WOULD COME TO YOU.
BUT AS YOU CAN SEE RIGHT THERE, ADOPTED CODES ARE CONSIDERED STANDARDS.
THEY'RE THE WORST CONSTRUCTION ALLOWED BY LAW.
AND SO IF YOU'RE MEETING THE MINIMUM STANDARDS LIKE THAT, ANYTHING LESS WOULD BE ILLEGAL.
THAT'S IT. THAT'S ALL I'VE GOT.
[01:00:01]
I AM SORRY THAT THIS RAN AS LONG AS IT DID, BUT I THOUGHT IT WAS VERY IMPORTANT THAT YOU GET THIS INFORMATION AND KNOW WHAT'S OUT THERE.RUN THROUGH THE ORDINANCE IF YOU NEED MORE INFORMATION.
CHAPTER 214 OR CHAPTER 54 OF THE STATE STATUTES.
LET ME KNOW. I WILL GET THEM TO YOU.
WANT TO MAKE SURE THAT WE'RE DOING THIS AND THAT EVERYBODY'S COMFORTABLE WITH WHAT WE'RE DOING HERE.
WE DON'T WE'RE NOT DOING ANYTHING IN THE SHADOWS BEHIND THIS.
THAT'S WHAT THE WHOLE THING IS ABOUT.
WE ARE NOW. READY AND PREPARED FOR THE FIRST CASE.
I KNOW THAT THERE'S GOING TO BE A LOT GOING FOR A LOT OF QUESTIONS GOING FORWARD.
WE FOUND OUT THAT THERE WAS FOUR OTHER PROPERTIES THAT WERE INVOLVED WITH THIS BY THE SAME OWNER.
AND THREE OF THOSE PROPERTIES HAVE DANGEROUS STRUCTURES ON THEM.
AND SO RATHER THAN I'M SORRY, EACH ONE OF THEM HAS.
OH, THAT'S RIGHT. SO THERE IS FOUR.
SO THERE'S EACH ONE OF THOSE WOULD HAVE A STRUCTURE.
SO THERE'S FOUR STRUCTURES THAT WILL BE BRINGING FORWARD WITH THIS.
AND SOME OF THEM ARE PRETTY SEVERE.
AND SO WHILE THE THE ABILITY OF THE CITY TO TO REMEDIATE ANY OF THOSE OR ALL OF THOSE AT ONE TIME IS GOING TO BE VERY LIMITED, I THINK THAT IT'S GOING TO PROVIDE SOME MORE OPTIONS TO US AS FAR AS WHAT CAN BE DONE WITH THEM.
YEAH, I GUESS THAT'S ONE OF MY QUESTIONS EARLIER, WAS THAT'S NOT OUR LIABILITY RIGHT NOW, BUT WHEN WE BRING THIS TO TO A PUBLIC HEARING.
AND THEY DON'T. THEY CHOOSE NOT TO DO IT.
ABSOLUTELY. WHICH MEANS MAYBE US HAVING TO DO THE ABATEMENT IN THE DEMO.
AND I DON'T KNOW THAT THERE'S ANYTHING THAT SAYS THAT THE CITY MAY.
THAT IS NOT OUR RESPONSIBILITY.
IT'S OUR RESPONSIBILITY TO TRY TO GET THEM TO DO SOMETHING ABOUT IT.
BUT ANYTHING THAT HAPPENS ON THAT PROPERTY IS STILL THEM.
NOW, IF THEY'RE IF THEY'RE IN VIOLATION OF COURT ORDERS, BUILDING, STANDING COMMISSION ORDERS, IF THERE ARE MULTIPLE AVENUES TO GET THESE PEOPLE TO DO WHAT THEY NEED TO DO.
AND OF COURSE, THERE'S THERE'S FILINGS AND FEES THAT CAN GO IN THERE.
LIKE I SAID, THE BUILDING STANDARDS COMMISSION HAS THE ABILITY FOR $1,000 A DAY PER VIOLATION.
THESE ALL OF THESE STRUCTURES HAVE AT LEAST TWO VIOLATIONS ON THEM.
AND SO WE WOULD WE WOULD FOLLOW THOSE OUT SEPARATELY.
SOME OF THEM HAVE A LOT MORE THAN THAT.
AND SO WE WOULD ACTUALLY WE WOULD PUSH THROUGH ON THAT.
NOW WE'RE WORKING OUR WAY THROUGH THE SOLUTION TO GET TO THE OTHER SIDE.
NOW, IF WE DROP THE BALL, IF MY OFFICE DROPS THE BALL ON THIS MID COURT AND DOES NOT PICK THAT UP, THEN YES, I THINK THAT THERE'S SOME SOME NEGLIGENCE ON MY SIDE THAT MAY FALL IN THERE, BUT I DON'T WANT ANY NEGLIGENCE.
AND WE DO NOT WANT ANY NEGLIGENCE.
NO. BUT ONCE WE START MOVING THROUGH THIS, WE'RE GOING TO KEEP THESE MOVING FORWARD.
ONE OF THE THINGS THAT WE'RE DOING CURRENTLY IS WE'RE IDENTIFYING STRUCTURES THAT WE'RE GOING TO BE BRINGING FORWARD AS THE MONTHS MOVE FORWARD AND WE'RE GOING TO IDENTIFY THEM AND THEN CLASSIFY THEM AS FAR AS THEIR SEVERITY AND SAY, OKAY, LET'S BRING THIS ONE FORWARD.
SO WE'VE GOT TO DECIDE WHAT LEVEL ARE WE GOING TO OPERATE? YEAH. THING IS, I THINK MOST PEOPLE WE CAN GET THEM FROM.
I MEAN, THERE'S, YOU KNOW, MOST TIMES THEY'RE GOING TO.
YEAH, THESE ARE JUST EXTREME CASES WHERE THE PEOPLE JUST ABSOLUTELY REFUSE TO.
SO WE, WE OUR HANDS ARE TIED WHERE WE HAVE TO DO SOMETHING.
[01:05:03]
YEAH. THEY ARE DANGEROUS AND.BUT WE CAN'T GET ON THE PROPERTY.
WE'RE NOT SUPPOSED TO GO IN THE PROPERTIES.
UNLESS WE HAVE A WARRANT OR I HAVE A DIRECTIVE FROM THE BUILDING STANDARDS COMMISSION.
OH, SO WE CAN GIVE YOU PERMISSION TO NOW THE CITY ATTORNEY.
I'M STILL GOING TO NEED TO GET WITH THE CITY ATTORNEY TO FIGURE OUT WHAT HER VIEW ON THAT IS.
BUT BUT, YES, YOU CAN DO THAT.
AND I CAN TAKE THAT TO A JUDGE EVEN AND SAY, HEY, I NEED A WARRANT TO GET ON HERE.
I'M TAKING PICTURES FROM A PUBLIC WAY AND TRYING TO MOVE FROM THERE.
YES. THIS ONE IN PARTICULAR, I WOULD BE MORE CONCERNED ABOUT SOMEBODY.
BEING INJURED OR WORSE AT ONE OF THESE LOCATIONS, MORE THAN I'M CONCERNED ABOUT A COLLAPSE.
OF THEM. AND THAT'S MY MAIN CONCERN IS WHAT'S HAPPENING INSIDE THAT BUILDING.
WHAT THAT'S A GREAT PLACE FOR FOR PEOPLE TO HIDE THAT DON'T NEED TO BE HIDING.
ALL RIGHT. WELL, I.
* This transcript was compiled from uncorrected Closed Captioning.