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HomeMy Public PortalAboutOrdinance No. 1231-12 06-19-2012CITY OF RICHLAND HILLS ORDINANCE NO. 1231-12 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING CHAPTER 14 OF THE CITY CODE BY ADOPTING ARTICLE XV, ENTITLED "VACANT BUILDINGS", COMPOSED OF SECTIONS 14-481 THROUGH 14-500; DEFINING TERMS; PROVIDING REQUIREMENTS, PROCEDURES AND FEES FOR THE REGISTRATION AND INSPECTION OF VACANT BUILDINGS IN THE CITY; PROVIDING DEFENSES; PROVIDING AN APPEAL PROCESS FOR THE DENIAL OR REVOCATION OF A CERTIFICATE OF REGISTRATION; PROVIDING INSURANCE REQUIREMENTS; REQUIRING A VACANT BUILDING PLAN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, in the City of Richland Hills there are buildings that are vacant and if an owner fails to monitor and maintain a vacant building, the building may become a blight on the city, dilapidated and substandard, and a haven for criminal activity; and WHEREAS, buildings that remain vacant discourage economic development, become an attractive nuisance for children, a harborage for rodents, and an invitation to vagrants and criminals, and affect nearby businesses and residences and their property values; and WHEREAS, vacant buildings that are unsecured are extremely vulnerable to damage by arsonists, vandals, and vagrants and are public nuisances; and WHEREAS, with increased demand for copper, vacant buildings attract copper thieves, and removal of copper and other materials from buildings may pose environmental risks; and WHEREAS, to address these concerns, and so protect the health, safety, welfare, and morals of the residents of the City of Richland Hills, the City Council wishes to establish a vacant building registration program so that the City may monitor vacant buildings, their occupancy or demolition and ensure their maintenance, security, repair, and return to economic usefulness; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. All recitals stated herein above are found to be true and correct and are incorporated by reference as if copied in their entirety; SECTION 2. Article XV, Sections 14-481 through 14-496, is hereby added to Chapter 14 ofthe Richland Hills City Code, and shall provide as follows: ARTICLE XV. VACANT BUILDINGS DIVISION 1. GENERAL PROVISIONS Section 14-481. Definitions Building means a structure for the support or shelter of any use or occupancy. Certificate of Registration means a certificate of registration issued by the building official under this article to the owner or operator of a vacant building. Building Official means the person designated by the city manager to enforce and administer this article and includes any representatives, agents, or department employees designated by the official to enforce the terms of this ordinance. Dwelling Unit means one or more rooms designed to be a single housekeeping unit to accommodate one family and containing one or more kitchens, one or more bathrooms, and one or more bedrooms. Nonresidential use means any principal use of a building, structure, or portion thereof which is an occupancy type or use group other than a residential use group having less than four dwelling units. Occupied means that one or more persons lawfully conduct business in or reside in at least fifty (50%) percent of the total area of a building (excluding stairwells, elevator shafts, and mechanical rooms) as the legal or equitable owner, operator, lessee, or invitee on a permanent, nontransient basis pursuant to and within the scope of a valid certificate of occupancy; or within an occupancy use that is authorized for the building or structure. Owner means a person in whom is vested the ownership or title of real property: (A) including but not limited to: VACANT PROPERTY REGISTRATION ORDINANCE page 2 W:Utichland Hills\Ordinance\Vacant Buildings\Vacant Building Registration Ordinance.tgs.6.13. l2.wpd (i) the holder of fee simple title; (ii) the holder of a life estate; (iii) the holder of a leasehold estate for an initial term of five years or more; (iv) the buyer in a contract for deed; (v) a mortgagee, receiver, executor, or trustee in control of real property; and (vi) the named grantee in the last recorded deed; and (B) not including the holder of a leasehold estate or tenancy for an initial term of less than five (5) years. Person means any individual, corporation, organization, partnership, association, governmental entity, or any other legal entity. land. article. Premises or Property means a lot, plot, or parcel of land, including any structures on the Registrant means a person issued a certificate of registration for a vacant building under this Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Vacant Building means a building located in the city that, regardless of its structural condition, is not occupied. Section 14-482. Authority of Building Official The building official shall implement and enforce this article and may by written order establish such rules, regulations, or procedures, not inconsistent with this article, as the building official determines are necessary to discharge any duty under or to effect the policy of this article. Section 14-483. Delivery of Notices Any written notice that the building official is required to give an applicant or registrant under this article is deemed to be delivered: (1) on the date the notice is hand delivered to the applicant or registrant; or (2) three (3) business days after the date the notice is placed in the United States mail with proper postage and properly addressed to the applicant or registrant at the address provided for the applicant or registrant in the most recent registration application. VACANT PROPERTY REGISTRATION ORDINANCE Page 3 W:Utichland Hills\Ordinance\Vacant Buildings\Vacant Building Registration Ordinance.tgs.6. l3. l2.wpd Section 14-484. Violations and Penalty (a) A person who violates a provision of this article, or who fails to perform an act required of the person by this article, commits an offense. A person commits a separate offense each day or portion of a day during which a violation is committed, permitted, or continued. (b) An offense under this article is punishable by a fine not to exceed Two Thousand Dollars and no cents ($2,000.00). (c) The penalties provided for in Subsection (b) are in addition to any other enforcement remedies that the city may have under city ordinances and state law. Section 14-485. Issuance and Denial of Certificate of Registration (a) Upon payment of all required fees, the building official shall issue a certificate of registration for a vacant building to the applicant if the building official determines that: (1) the applicant has complied with all requirements for issuance of the certificate of registration; (2) the applicant has not made a false statement as to a material matter in an application for a certificate of registration; and (3) the applicant has no outstanding fees assessed under this article. (b) If the building official determines that the requirements of Subsection (a) have not been met, the building official shall deny a certificate of registration to the applicant. (c) If the building official determines that an applicant should be denied a certificate of registration, the building official shall deliver written notice to the applicant that the application is denied and include in the notice the reason for denial and a statement informing the applicant of the right of appeal. Section 14-486. Revocation of Registration (a) The building official shall revoke a certificate of registration for a vacant building if the building official determines that: (1) the registrant failed to comply with any provision of this article or any other city ordinance or state or federal law applicable to the building; (2) the registrant intentionally made a false statement as to a material matter in the application or in a hearing concerning the certificate of registration; or VACANT PROPERTY REGISTRATION ORDINANCE Page 4 W:Utichland Hills\Ordinance\Vacant Buildings\Vacant Building Registration Ordinance.tgs.6.13.12.wpd (3) the registrant failed to pay a fee required by this article at the time it was due. (b) Before revoking a certificate of registration under Subsection (a), the building official shall deliver written notice to the registrant that the certificate of registration is being considered for revocation. The notice must include the reason for the proposed revocation, action the registrant must take to prevent the revocation, and a statement that the registrant has ten (10) days after the date of delivery to comply with the notice. (c) If, after ten (10) days from the date the notice required in Subsection (b) is delivered, the registrant has not complied with the notice, the building official shall revoke the certificate of registration and deliver written notice of the revocation to the registrant. The notice must include the reason for the revocation, the date the building official orders the revocation, and a statement informing the registrant of the right of appeal. Section 14-487. Appeal (a) If the building official denies the issuance or renewal of a certificate of registration or revokes a certificate of registration, the action is final unless the registrant files a written appeal to the Vacant Property Registration Appeal Board within seven (7) calendar days of delivery of the notice of revocation. (b) The Zoning Board of Adjustment shall serve as the Vacant Property Registration Appeal Board unless the City Council creates and appoints a separate Vacant Property Registration Appeal Board. (c) If a written request for an appeal hearing is filed with the building official within the seven-day period, the Vacant Property Registration Appeal Board shall hear the appeal within thirty (30) days from the city's receipt of the appeal unless otherwise agreed by the city and the appellant. (d) Failure to file an appeal in accordance with this section is a waiver of appeal and the building official's decision shall be final. (e) The revocation of a certificate of registration is stayed pending appeal. (f) Atthe appeal hearing, the Vacant Property Registration Appeal Board is limited to affirming or reversing the denial or revocation based upon proof by the appellant that there was error as of the date of the revocation or denial. Subsequent repair, renovation, correction, or payment of a fee shall not form the basis of the board's decision. Otherwise, the appeal shall be handled in accordance with Section 112 of the 2003 International Building Code. The decision of the board is final as to administrative remedies, and no rehearing or appeal may be granted. VACANT PROPERTY REGISTRATION ORDINANCE page g W:\Richland Hills\Ordinance\Vacant Buildings\Vacant Building Registration Ordinance.[gs.6.13.12.wpd Section 14-488. Expiration and Renewal of Registration (a) A certificate of registration for a vacant building expires the earlier of: (1) one (1) year after the date of issuance; (2) the date the vacant building changes controlling ownership, as determined by the building official; (3) the date the vacant building becomes occupied, as determined by the building official; or (4) the date the vacant building is demolished, as determined by the building official. (b) A certificate of registration may be renewed by making application in accordance with this article and paying the registration fee and inspection fee required by this article. The building official shall notify a registrant in writing at least sixty (60) days prior to the expiration of an existing certificate of registration of the impending expiration and the process for renewal. A registrant shall apply for renewal at least thirty (30) days before the expiration of an existing certificate of registration. Section 14-489. Transfer of Certificate of Registration A certificate of registration for a vacant building is not transferable. Section 14-490. Inspection (a) For the purpose of ascertaining whether violations of this article or any other city ordinance or state or federal law applicable to the building exist, the building official is authorized at a reasonable time to inspect: (1) the exterior of a vacant building; and (2) the interior of a vacant building, subject to the conditions provided by this Article. (b) The building official shall inspect a vacant building at least as frequently as provided in this Article. (c) An applicant or registrant shall permit representatives of the police department, the fire department, the department of code compliance, and the building official to inspect the interior and exterior of a vacant building, for the purpose of ensuring compliance with the law, at reasonable times upon request, and to attend, in person or by representative, such inspection. The applicant or registrant commits an offense if he, either personally or through VACANT PROPERTY REGISTRATION ORDINANCE Page 6 W:1Richland Hills\Ordinance\Vacant Buildings\Vacant building Rebdstration Ordinance.tgs.6.13.12.wpd an agent or employee, refuses to permit a lawful inspection ofthe vacant building as required by this subsection. (d) Whenever a vacant building is inspected by the building official and a violation of this article or any other city ordinance or state or federal law applicable to the building is found, the building or premises will, after the expiration of any time limit for compliance given in a notice or order issued because of the violation, be reinspected by the building official to determine that the violation has been eliminated. Section 14-491. Emergency Response Information (a) An owner, operator, or other person in control of a vacant building shall provide the building official with the name, street address, mailing address, e-mail address (if applicable), and telephone number of a person or persons who can be contacted twenty-four (24) hours a day, seven (7) days a week, in the event of an emergency condition in or on the premises of the vacant building. An emergency condition includes any fire, natural disaster, collapse hazard, burst pipe, serious police incident, or other condition that requires an immediate response to prevent harm to property or the public. (b) The owner, operator, or other person in control of the vacant building shall notify the building official within five (5) days after any change in the emergency response information. (c) The owner, operator, or other person in control of a vacant building, or an authorized agent, must arrive at the premises within one (1) hour after a contact person named under this section is notified by the city or emergency response personnel that an emergency condition has occurred on the premises. Section 14-492. Insurance Prior to the issuance of a certificate of registration for any vacant building, the registrant shall maintain in full force and effect at all times during the registration period property casualty insurance in an amount not less than the value of the building according to the last Tarrant County Appraisal District assessment and with a deductible not to exceed Five Thousand Dollars and no cents ($5,000.00), and, for property zoned for residential use or last used for residential purposes, liability insurance for the vacant building in an amount of not less than Twenty-Five Thousand Dollars and no cents ($25,000.00), and for property zoned for non-residential use or last used for non-residential purposes, liability insurance for the vacant building in an amount of not less than two times the value of the building according to the last Tarrant County Appraisal District assessment. The policy shall designate the city as an additional insured and cover any loss or damage resulting from damages to persons or property resulting from the owner's supervision, management, and maintenance of the vacant building, the use of the building, or a condition of the vacant building. The insurance policy shall require notice to the building official within thirty (30) days of the VACANT PROPERTY REGISTRATION ORDINANCF. Page 7 W:\Richland Hills\Ordinance\Vacant Buildings\Vacant Building Registration Ordinance.tgs.6.13.12.wpd policy's lapse, cancellation, or change in coverage. The insurance policy must be written by an insurance company approved by the State of Texas and issued in a standard form approved by the Texas Department of Insurance. The owner shall provide a current certificate of insurance upon application, reinstatement, or renewal of the certificate of registration. Upon a reasonable request by the building official, the owner shall provide the building official such additional information and documents as are necessary to ensure compliance with this section. Section 14-493. Vacant Building Plan (a) Within thirty (30) days after the date a certificate of registration is issued for a vacant building, the registrant shall submit to the building official a vacant building plan complying with this section. (b) The vacant building plan must contain the following: (1) A plan of action and a time schedule for correcting all existing violations of this article or any other city ordinance or state or federal law applicable to the building or its premises. (2) A plan of action for maintaining the building and its premises in compliance with this article and all applicable city ordinances and state and federal laws. (3) A plan of action for maintaining the building and its premises in a safe and secure manner, including but not limited to provisions for pest control, securing the building from unauthorized entry, and, for buildings zoned for non-residential uses or last utilized for non-residential purposes, lighting, security, and maintenance of any existing alarm systems and fire suppression systems. (4) A plan of action for occupying, leasing or selling the building, including a plan for marketing, advertising, or offering the building for sale or lease. If such plan does not provide for listing the property through abona-fide licensed real estate marketing firm or organization, the applicant must provide a specific marketing strategy designed to aggressively market or utilize the property, which plan shall be subject to City Council review. (5) A plan of action and time schedule for any repair, renovation or demolition of the building. (c) A registrant may update the vacant building plan at any time, but shall provide the building official with an updated vacant building plan at least once every six (6) months that the building is required to be registered under this article. DIVISION 2. VACANT PROPERTY REGISTRATION ORDINANCE page g W:U2ichland Hills\Ordinance\Vacant Buildings\Vacant Building Registration Ordina~rce.tgs.6.13.12.wpd BUILDINGS ZONED FOR NON-RESIDENTIAL USES OR LAST USED FOR NON-RESIDENTIAL PURPOSES Section 14-494. Registration required for vacant buildings zoned for non-residential uses or last utilized for non-residential purposes; Defenses (a) A person commits an offense if the person owns a vacant building zoned for non-residential uses or last utilized for non-residential purposes without a valid certificate of registration. A certificate of registration is required for any vacant building, regardless of any separate occupied buildings that may also be located on the same property or at the same street address. If more than one vacant building is located at the same street address, only one certificate of registration is required for all of the vacant buildings. Also, only one certificate of registration is required for a single vacant building that has more than one street address. Suite numbers or unit numbers will not be considered in determining the street address of a vacant building. (b) A building designated for non-residential use or last utilized for non-residential purposes is presumed vacant ninety (90) days after the earlier of the following: (1) the date a valid certificate of occupancy expires; (2) the date one or more necessary utilities are disconnected; (3) the date of a water bill for that address which shows no water usage; or (4) the date the building appears unoccupied based on a physical inspection by the City. (c) It is a defense to prosecution under this section that: (1) the building was occupied within ninety (90) days preceding the date of the alleged offense; (2) at the time of the alleged offense, the building was in the process of being renovated, rehabilitated, repaired, or demolished (pursuant to appropriate and valid permits issued by the building official, if required) and had been occupied at any time within ninety (90) days preceding the date of the alleged offense; (3) within sixty (60) days preceding the date ofthe alleged offense, the building suffered damage or destruction from a fire, flood, storm, or other casualty that rendered the building incapable of being occupied, except that this defense does not apply if the building was rendered incapable of being occupied by the intentional act of the owner, operator, lessee, or other invitee or an agent of the owner, operator, lessee, or other invitee; or (4) the building official has granted a written extension to the time frame for the presumption of vacancy set out in subsection (b) immediately above; or (5) the building is owned by the city of Richland Hills, the State of Texas, or the United VACANT PROPERTY REGISTRATION ORDINANCE Page 9 W:\Richland Hills\Ordinance\Vacant Buildings\Vacant Building Registration Ordinance.tgs.6.13. t 2.wpd States government. Section 14-495. Registration application zoned for non-residential uses or last utilized for non-residential purposes. (a) To obtain a certificate of registration for a vacant building zoned for non-residential uses or last utilized for non-residential purposes, a property owner must submit an application on a form provided for that purpose to the building official. The application must contain all of the following information: (1) The name, street address, mailing address, e-mail address (if applicable), and telephone number of the applicant or the applicant's authorized agent. (2) The name, all street addresses, and the main telephone number, if any, of the vacant building, and a description of the last permitted use and the type of property (e.g. a commercial retail building, a warehouse, an office, a hotel), the date on which the vacant building was last occupied, and a description of any hazardous materials, uses or conditions that currently exist or previously existed in the vacant building. (3) The names, street addresses, mailing addresses, e-mail addresses (if applicable), and telephone numbers of all owners of the vacant building and any lien holders and other persons with a financial interest in the vacant building. (4) The name, street address, mailing address, e-mail address (if applicable), and telephone number of a person or persons to contact in an emergency as required by this article. (5) The nature of the business of the applicant; the name, street address, mailing address, e-mail address (if applicable), and telephone number ofthe applicant if an individual or a managerial agent of the applicant if the applicant is anon-corporeal entity; and, if the business is anon-corporeal entity, documentation regarding the legal standing of the business. (6) Proof of insurance as required by this article. (7) The number of buildings (including vacant and occupied buildings), units and other structures located in or on the premises of the vacant building. (8) The total area in square feet of the vacant building, the number of stories contained in the vacant building, the area in square feet of each story, and whether each story is above or below ground level. (9) Such additional information as the applicant desires to include or that the building VACANT PROPERTY REGISTRATION ORDINANCE Page 10 W~.\Richland Hills\Ordinance\Vacan[ Buildings\Vacant building Registration Ordinance.[gs.6.13.12.wpd official deems necessary to aid in the determination of whether the requested certificate of registration should be granted. (10) Consent for the building official to enter at reasonable times, provided that such entry shall either be in the presence of the owner or the owner's representative, or, should the owner or owner's representative fail to appear when requested, based upon a search warrant issued by the municipal court based on a showing of reasonable suspicion that a violation of this ordinance has occurred. (b) If the application for a certificate of registration is being made for multiple vacant buildings located at the same address, then the information required in Subsection (a) must be provided for each vacant building located at that address. (c) A registrant shall notify the building official within ten (10) days after any material change in the information contained in the application for a certificate of registration for a vacant building, including any changes in ownership of the property. Section 14-496. Registration and Inspection Fee The fees for a certificate of registration and required inspection for each vacant occupancy or unit or demised space zoned for non-residential use or last utilized for non-residential purposes are as shown in the City's Fee Schedule. DIVISION 3. BUILDINGS ZONED FOR RESIDENTIAL USE OR LAST USED FOR RESIDENTIAL PURPOSES Section 14-498. Registration required for vacant buildings zoned for residential use or last utilized for residential purposes; Defenses (a) A person commits an offense if the person owns a vacant building zoned for residential use or last utilized for residential purposes without a valid certificate of registration. If more than one vacant building is located at the same street address, only one certificate of registration is required for all of the vacant buildings. Also, only one certificate of registration is required for a single vacant building that has more than one street address. Apartment numbers or unit numbers will not be considered in determining the street address of a vacant building. (b) A building designated for residential use or last utilized for residential purposes is presumed vacant ninety (90) days after the earlier of the following: (1) the date a valid certificate of occupancy expires; (2) the date one or more necessary utilities are disconnected; (3) the date of a water bill for that address which shows no water usage; or (4) the date the building appears unoccupied based on a physical inspection by the City. VACANT PROPERTY RF,GISTRATION ORDINANCE page I1 W~,\itichland Hills\Ordinance\Vacant Buildings\Vacant Building Registration Ordinance.tgs.6. U.12.wpd (c) It is a defense to prosecution under this section that: (1) the building was occupied within ninety (90) days preceding the date of the alleged offense; (2) at the time of the alleged offense, the building was in the process of being renovated, rehabilitated, repaired, or demolished (pursuant to appropriate and valid permits issued by the building official, if required) and had been occupied at any time within ninety (90) days preceding the date of the alleged offense; (3) within sixty (60) days preceding the date of the alleged offense, the building suffered damage or destruction from a fire, flood, storm, or other casualty that rendered the building incapable of being occupied, except that this defense does not apply if the building was rendered incapable of being occupied by the intentional act of the owner, operator, lessee, or other invitee or an agent of the owner, operator, lessee, or other invitee; (4) the building official has granted a written extension to the time frame for the presumption of vacancy set out in subsection (b) immediately above; or (5) the building is owned by the city of Richland Hills, the State of Texas, or the United States government. Section 14-499. Registration application zoned for residential use or last utilized for residential purposes. (a) To obtain a certificate of registration for a vacant building zoned for residential use or last utilized for residential purposes, a property owner must submit an application on a form provided for that purpose to the building official. The application must contain all of the following information: (1) The name, street address, mailing address, e-mail address (if applicable), and telephone number of the applicant or the applicant's authorized agent. (2) The name, all street addresses, and the main telephone number, if any, of the vacant building, and a description of the type of property (e.g. an apartment complex, a group home, a condominium, or asingle-family residence), the date on which the vacant building was last occupied, and a description of any hazardous materials, uses or conditions that currently exist or previously existed in the vacant building. (3) The names, street addresses, mailing addresses, e-mail addresses (if applicable), and telephone numbers of all owners of the vacant building and any lien holders and other persons with a financial interest in the vacant building. VACANT PROPERTY REGISTRATION ORDINANCE Page 12 W:\Richland Hills\Ordinance\Vacant Buildings\Vacan[ Building Registration Ordinance.[gs.6 13.12.wpd (4) The name, street address, mailing address, e-mail address (if applicable), and telephone number of a person or persons to contact in an emergency as required by Section 14-494 of this article. (5) The nature of the business of the applicant; the name, street address, mailing address, e-mail address (if applicable), and telephone number ofthe applicant if an individual or a managerial agent of the applicant if the applicant is anon-corporeal entity; and, if the business is anon-corporeal entity, documentation regarding the legal standing of the business. (6) Proof of insurance as required by this article. (7) The number of buildings (including vacant and occupied buildings), dwelling units, swimming pools, and spas located in or on the premises of the vacant building. (8) The total area in square feet of the vacant building, the number of stories contained in the vacant building, the area in square feet of each story, and whether each story is above or below ground level. (9) Such additional information as the applicant desires to include or that the building official deems necessary to aid in the determination of whether the requested certificate of registration should be granted. (10) Consent for the building official to enter at reasonable times, provided that such entry shall either be in the presence of the owner or the owner's representative, or, should the owner or owner's representative fail to appear when requested, based upon a search warrant issued by the municipal court based on a showing of reasonable suspicion that a violation of this ordinance has occurred. (b) If the application for a certificate of registration is being made for multiple vacant i~ai-ktirrgs dwelling units located at the same address, then the information required in Subsection (a) must be provided for each vacant dwelling unit located at that address. (c) A registrant shall notify the building official within ten (10) days after any material change in the information contained in the application for a certificate of registration for a vacant building, including any changes in ownership of the property. Section 14-500. Registration and Inspection Fee The fees for a certificate of registration and required inspection for each vacant unit zoned for residential use or last utilized for residential purposes are as shown in the City's Fee Schedule. SECTION 3. VACANT PROPERTY REGISTRATION ORDINANCE Page 13 W:\Richland Hills\Ordinance\Vacant Buildings\Vacant Building Registration Ordinance.tgs.6.13.12.wpd PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. PUBLICATION The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance to the extent required by law. SECTION 7. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. VACANT PROPERTY REGISTRATION ORDINANCE Page 14 W:Utichland Hills\Ordinance\Vacant Buildings\Vacant Building Registration Ordinance.tgs.6.13.12.wpd SECTION 8. PENALTY FOR VIOLATION Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Thousand Dollars and no cents ($2,000.00) for each violation ofthis Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS ~ DAY OF 'V~.n~-~~ , 2012. ~~c t~~ -. E HONORABLE DAV L. RAGAN, MAYOR ATT ST: ``\~`a~~~iiulriiii ~~ , . ~~ INDA CANTU, TRMC, CITY SECRETARY `~~~; '•~~ '••..•~ EFFECTIVE DATE: ~.O I ~• ~ ~ 'v l `"_ APPROVED AS TO FORM AND LEGALITY: •••••• '' ~rllmml~~I~~ BETSY ELA I Y ATTORNEY VACANT PROPERTY REGISTRATION ORDINANCE Page 15 W:Utichland Hills\Ordinance\Vacant buildings\Vacant Building Registration Ordinvice, tgs.6.13.12.wpd