Chapter 6: Health & Sanitation
HEALTH & SANITATION
SEC. 1: LITTER CONTROL
A. Unwholesome Conditions Specified; Unlawful to Maintain
It shall be unlawful for the owner, lessee, or occupant of any land, tract, or lot, parcel or any portion thereof, regardless of size, within the corporate limits of the City of Electra, to fail to maintain said property free of weeds, grass and undergrowth over twelve (12) inches tall, or to fail to maintain said property free from household trash, garbage, used building materials and supplies, used and or discarded household fixtures or appliances, toxic materials, stagnant water, dead animals, brush piles, debris, rubbish, materials which constitute a fire hazard, or any other matter which may be detrimental to the health, safety and welfare of the citizens of the City. This said property to include to the center line of any alley, street or public right-of-way abutting or adjoining the property and trees, hedges, and bushes that may overhang such alley’s, streets, and public right-of-ways; and to be unlawful for the owner, lessee, or occupant of any land, tract, or lot, or parcel to place or cause to place any rubbish, garbage, debris, brush, grass, weeds, trash or lawn strippings on such property.
(1) Should any owner of any lot or lots within the City of Electra allow weeds, rubbish, brush, or any other unsightly, objectionable or unsanitary matter to remain upon the property, in violation of this Ordinance, following seven (7) days notice of a violation, the City of Electra may:
- do the work, hire it done or make the improvements required; and
- pay for the work done or improvements made and charge the expenses, including an administrative fee to the owner of the property;
- file a lien statement in accordance with Section 1.F.
(2) Notice shall be given:
- personally to the owner in writing;
- by letter, mailed by certified mail return receipt requested, addressed to the owner at the owner’s post office address as recorded in the records of the Wichita County Appraisal District; or
- if personal service cannot be obtained or the owner’s post office address is unknown:
- i. by publication at least once in a newspaper of general circulation within the City of Electra; and
- ii. by posting the notice on or near the front door of each building on the property to which the violation relates; or
- iii. by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings.
(3) If a notice to a property owner is mailed in accordance with this section or Section 1.C and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered as delivered.
C. Alternate Method of Notice
(1) As an alternative method of notice to that provided in Section 1.B, the City of Electra may deliver notice by certified mail return receipt requested. The notice shall contain the following:
- a statement that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city without further notice may correct the violation, or hire it done at the owner’s expense, and assess the expense against the property.
(2) If a violation covered by this sub-section occurs within the one-year period, and the City of Electra has not been informed of a change of ownership, the City of Electra may without further notice to the owner, take action permitted by Section 1.B and assess its expenses as provided in Section 1.F.
Upon completion of notice as required by Section 1.B or 1.C above, the owner may, within seven (7) days, request a hearing before the City Commission to appear and show cause why the alleged nuisance should not be abated. If a timely request for hearing is received, the City Commission shall hold a hearing within seven (7) days of the request. The purpose of the hearing shall be to determine whether the property is in violation of this ordinance and whether it should be abated. Following completion of the hearing, the City Commission may issue such orders regarding the property as it, in the Commission’s sole discretion, deems appropriate under the circumstances.
E. Emergency Abatement
(1) The City of Electra may abate, without notice, weeds that:
- have grown higher than 48 inches; and
- are an immediate danger to the health, life, or safety of any person.
(2) Not later than the 10th day after the date the City abates weeds under this section, notice shall be given to the property owner in the manner required by Section 1.B.
(3) The notice shall contain:
- an identification, which is not required to be a legal description, of the property;
- a description of the violations of the ordinance that occurred on the property;
- a statement that the municipality abated the weeds; and
- an explanation of the property owner's right to request an administrative hearing about the municipality's abatement of the weeds before the City Commission.
(4) The City Commission shall conduct the hearing on the abatement of weeds under this section if, not later than the 30th day after the date of the abatement of the weeds, the property owner files with the City Secretary a written request for a hearing.
(5) The administrative hearing conducted under this section shall be conducted not later than the 20th day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the municipality's abatement of the weeds.
(6) The City may assess expenses and create liens under this section as it assesses expenses and creates liens under Section 1.F.
F. Filing of Lien Statement
The Mayor, City Administrator or municipal official designated by the mayor shall file a statement of expenses incurred under Section 1.B with the County Clerk of Wichita County, Texas. The lien statement shall state the name of the owner, if known, the legal description of the property, a description of the work performed and the amounts claimed. The lien attaches upon the filing of the lien statement with the County Clerk. The lien shall accrue interest at a rate of 10% per annum from the date the City pays for the work or improvements. The lien is inferior only to tax liens and liens for street improvements. The City of Electra may bring a suit for foreclosure to recover the expenditures and interest due. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the municipality in doing the work or making the improvements.
Any person, firm or individual who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined in a sum not exceeding Two Thousand Dollars ($2,000.00). Each and every day the violation continues shall constitute a separate and distinct offense.
That any part of any other ordinance of the City of Electra in conflict with this ordinance is repealed to the extent of the conflict.
The City Secretary is hereby authorized and directed to cause the publication of the caption and penalty for violation of this ordinance as required by law.
J. Effective Date
This ordinance shall take effect immediately upon completion of publication as provided by law.
SEC. 2: CONVENIENCE CENTER REGULATIONS
A. Use of Convenience Center Site
No person except employees of the City of Electra, acting in behalf of the City of Electra, shall empty or cause to be emptied, any garbage or trash from any vehicle, trailer or other receptacle, in or at the convenience center site of the City of Electra unless such person pays the fee provided in this section. The convenience center of the City of Electra may not be used for any purpose by any non-resident of the City of Electra and, in conformity with State law, may not be used by any commercial hauler or anyone hauling for hire for the disposal of demolition or construction debris.
B. Convenience Center Charges
(1) Fees for Use of City Convenience Center for Disposal of Trash, Debris, Brush, Construction and Demolition Debris
Residents of the City of Electra may use the City’s convenience center to dispose of their own trash, debris, brush, construction and demolition debris upon the payment of the following fees, in advance:
Car or pickup load $ 12.00 including tax
Trailers up to 8 feet $ 12.00 including tax
Trailers over 8 feet $ 12.00 including tax,
plus $2.00 per foot over 8 ft.
Dump truck, 5 yard or less $ 40.00 including tax
Dump trucks over 5 yards $ 40.00 including tax,
plus $5.00 per yard over 5 yards
(2) All discarded tires shall be taken by the owners thereof to the convenience center of the City of Electra during its regular hours of operation. The charge for disposing of said tires shall be as follows:
(a) Automobile, motorcycle, or pickup tires - $5.00, including tax
(b) Truck tires - $10.00, including tax
(c) Tractor tires may not be disposed of within the
City of Electra
Any person, firm corporation or institution which discards, abandons, or disposes of any tire within the City of Electra other than at the convenience center of the City of Electra, or through another authorized disposal source, such as, but not limited to, placing said tires in a dumpster or alley, shall be deemed guilty of a misdemeanor and may be fined a sum of not less than Fifty Dollars ($50.00), nor more than Five Hundred Dollars ($500.00) for each violation.
(3) All fees and charges assessed for use of the convenience center site shall be paid before use of the convenience center site shall be allowed and all fees shall be payable to the authorized attendant in charge of the convenience center site.
(4) The City of Electra reserves the right to refuse to accept material at its convenience center site which the City of Electra, at its sole discretion, deems disadvantageous to accept.
C. City Not to be Held Liable for Injuries or Damages at Convenience Center
Any person entering the convenience center site for any reason shall be conclusively presumed to know the hazards and the extent of the damage which accompanies the disposal of solid waste materials and the use of trucks, vehicles and heavy machinery to move, remove, bury and dispose of same, and by entering upon such site for and in consideration of the permission granted by the City to enter upon such site, every person shall covenant and be deemed to have covenanted not to sue and to indemnify, hold harmless, and defend the City of Electra, its agents, officers, and employees from and against any and all claims of any nature whatsoever for injury or damage to persons or property arising out of or resulting from such entry.
D. Unlawful to Scavenge at Convenience Center
It shall be unlawful for any person to take, remove, or carry away from the convenience center site any garbage, rubbish, trash, or other solid waste material, whether or not same has monetary value, without prior written approval of the City Commission of the City of Electra, or its duly authorized representative.
E. City Reserves the Right to Refuse or Curtail Private Disposal Operations
The City Commission of the City of Electra, or its duly authorized representative shall have authority to curtail, temporarily suspend, or permanently halt any solid waste disposal operation conducted by any private person, firm, or corporation which does not conform to the requirements of the City of Electra, or regulations promulgated by the City of Electra, the County of Wichita, the State of Texas, or the United States of America, or shall in any manner jeopardize the public health, safety, or welfare.
F. Hours of Operation
The hours of operation of the convenience center site shall be those established from time to time by the City Commission of the City of Electra. Said hours of operation shall be published in a newspaper of general circulation within Wichita County, Texas, by the City Secretary of the City of Electra. Such hours are 10:00 a.m. to 4:00 p.m. on Saturday only. (Ordinance No. 2008-4, March 25, 2008)
G. Specifying Charges for Disposal of Solid Waste for Governmental Entities
The City Commission of the City of Electra shall be authorized to adjust the fees charged for the use of the convenience center site by govetrnmental entities.
H. Penalty for Violation
Any individual, private business, or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not less than $10.00 and not to exceed $500.00 for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense.
(Ordinance No. 2008-1; 2/12/2008)
SEC. 3: GARBAGE COLLECTION
A. Garbage and Trash to be Kept in Container with Closed Lid
All garbage and trash must be kept in a closed container.
B. City to Collect and Dispose of Garbage
The City of Electra is hereby designated as the agency responsible for the collection and ultimate disposal of said garbage and trash, and such collection and ultimate disposal of said garbage and trash shall be done by the duly authorized employees, agents, or contract haulers of said city. Collections of said garbage and trash shall be made as often as the City Health Officer of the City of Electra shall direct and shall be at least twice a month.
C. Billing Customers
(1) Residential Service – A collection fee is hereby levied to defray the expense of the collection and ultimate disposal of said garbage and trash. Said fee for residential customers shall be collected by the City of Electra through the water department and all revenue so collected shall be credited to the City of Electra’s utility fund and all expenses of maintaining said collection and disposal service shall be paid from said City of Electra utility fund. Said collection fee shall be assessed as part of the water service bill and shall be payable on or before the 10th of each month, without discount; and provided further that if the City Commission of the City of Electra at any time changes the time of payment of the water bills, garbage service payments shall become due and payable at the same time; and provided further that in the event any person or persons, firm or corporation shall fail and refuse to pay said garbage collection fee, the City of Electra shall have the right and authority to discontinue the further use of water service to said person or persons, firm or corporation as the City of Electra would have if said water bill had not been made. A collection fee for garbage and trash will be made for all occupied residences and for all residences with water service.
(2) Commercial Service – A collection fee is hereby levied to defray the expense of collection and ultimate disposal of said garbage and trash and said fee for garbage and trash to commercial customers shall be billed and collected by the contract hauler of the City of Electra. Such collection fee shall be due and payable to the contract hauler on or before the 10th day of each month and promptly remitted by the contract hauler to the City of Electra. In the event that any person or persons, firm or corporation shall fail and refuse to pay for such commercial garbage service, the City’s contract hauler is hereby authorized to remove said person or persons, firm or corporation’s garbage container until such time as the fees have been paid in full.
(Ordinance of July 12, 1948; Ordinance No. 84-2 of January 10, 1984; Ordinance No. 97-15 of November 11, 1997; Ordinance No. 2008-4, March 25, 2008)
D. Garbage Rates
The following schedule of rates is to be charged by the City of Electra for the collection of garbage to residential and commercial users within the corporate limits of the City of Electra, as follows:
(1) Residential Rates
(a) A residential refuse collection charge will be assessed at $21.90 per residence for one polycart, picked up one time per week, $30.42 for two polycarts, picked up one time per week, or $38.94 for three polycarts, picked up one time per week. Hereafter the City of Electra shall charge $3.95 per container in addition to the amount billed to the City of Electra by its commercial hauler.
(b) Bulk pickup – Residential customers shall be entitled, at no additional charge, to curbside bulk pickup one time per week upon notification of the City’s commercial hauler. Such bulk pickup shall be in accordance with the policies set by the City’s commercial hauler.
(2) Commercial Rates
(a) A commercial refuse collection charge shall be assessed as follows:
Polycart collected once per week $ 19.50
2-yard dumpster collected once per week 36.11
4-yard dumpster collected once per week 67.72
4-yard dumpster collected twice per week 127.47
6-yard dumpster collected once per week 99.33
6-yard dumpster collected twice per week 188.96
8-yard dumpster collected once per week 130.94
8-yard dumpster collected twice per week 250.44
(b) Additional or extra collection will be billed to a customer at a rate of $4.00 per cubic yard, plus $4.50 per additional collection.
(c) While commercial containers may be shared by two or more businesses for the mutual convenience of the customer, the City of Electra, and the City’s commercial hauler, there shall be no rate for a shared commercial container.
(d) The rates provided in this section are applicable only to those customers whose disposal needs are customarily reasonably met by no more than two collections per week. Rates for customers having disposal needs exceeding two times per week collection will be established by the City Administrator in consultation with the City’s contract hauler for each such customer.
(e) Hereafter the City of Electra shall charge $4.50 per container in addition to the amount billed to the City of Electra by its commercial hauler.
(3) Fuel Surcharge
The City’s contract hauler is authorized to bill the City of Electra a monthly fuel cost when the average monthly price of diesel fuel exceeds $3.50 per gallon, established using the United States Department of Energy diesel fuel pricing for the gulf coast region. When the cost of diesel fuel exceeds $3.50 per gallon, residential and commercial customers, in addition to the rates hereinabove provided, will be billed according to the following schedule two times per year, in April and October, beginning October 1, 2008:
Diesel Fuel Cost Fuel Surcharge
$3.50 per gallon to $4.00 per gallon $ 1.00
$4.01 per gallon to $4.50 per gallon $ 2.00
$4.51 per gallon to $5.00 per gallon $ 3.00
$5.01 per gallon to $5.50 per gallon $ 4.00
$5.51 per gallon to $6.00 per gallon $ 5.00
The fuel charge adjustment shall be based on the average cost of fuel as established above for the months of February and August of each year.
The City Commission of the City of Electra may, by majority vote, elect not to bill said fuel surcharge for any period.
(Ordinance No. 97-15 of November 11, 1997; Ordinance No. 2000-05 of September 12, 2000; Ordinance No. 2001-14, November 27, 2001; Ordinance No. 2004-1, January 27, 2004; Ordinance No. 2006-05, April 25, 2006; Ordinance No. 2007-2, March 27, 2007; Ordinance No. 2008-1, February 12, 2008; Ordinance No. 2008-4, March 25, 2008)
E. Illegal to Dump Garbage, Brush, or Yard Debris on Vacant Lot, Street, or Alley, or Use Someone Else’s Container
It shall be illegal to dump garbage, brush, yard debris, or trash on any vacant lot, street, or alley within the limits of the City of Electra and it shall also be illegal for any person or persons, firm, or corporation to dump garbage or trash into the garbage or trash container used by any commercial establishment upon which a collection fee is being paid by another or into any residential container located further than two hundred feet (200’) from the property line used as a place of abode by the person dumping garbage or trash into such container.
(Ordinance No. 97-19 of November 25, 1997; Ordinance No. 2006-05, April 25, 2006; Ordinance No. 2008-1, February 12, 2008))
F. Penalty for Violations
Any person or persons, firm or corporation who violates any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than $1.00 nor more than $500.00, and a failure to comply with this section shall be deemed a continuing offense and each day’s continuance of a failure to comply therewith shall constitute a separate and distinct offense for each of said days.
(Ordinance of July 12, 1948; Ordinance No. 84-2 of January 10, 1984; Ordinance No. 2000-04 of May 23, 2000)
G. Applicability of Garbage Charges
The City shall assess a solid waste or garbage fee each month for each occupied structure which is serviced by City water, or is being renovated or repaired.
(Ordinance No. 96-20 of November 26, 1996)
H. Fees for Use of City Convenience Center for Disposal of Construction and Demolition Debris
(Ordinance No. 97-18 of November 11, 1997)
REPEALED by Ordinance No. 2008-1, February 12, 2008
I. Prohibited Uses of Convenience Center
(Ordinance No. 97-18 of November 11, 1997)
REPEALED by Ordinance No. 2008-1, February 12, 2008
J. Polycart Service
(a) All polycarts shall be placed at curbside by 6:45 a.m. on the designated collection day and may not be placed at curbside earlier than 5:00 p.m. on the day prior to the scheduled collection. Polycarts shall not be stored at curbside. Polycarts not placed within four feet (4’) of the street will not be served, nor will overloaded carts or trash placed outside of the cart. Polycarts must be removed from curbside no later than noon on the first business day after collection.
(b) Placing a polycart at curbside earlier than 5:00 p.m. on the day prior to the scheduled collection or failure to remove a polycart from curbside no later than noon on the first business day after collection is hereby forbidden. Failure to comply is punishable by a fine in the Municipal Court of the City of Electra in an amount not less than $25.00, nor more than $500.00, plus applicable court costs, and each day the violation continues shall be considered to be a separate offense.
(Ordinance No. 2008-04, March 25, 2008)
SEC. 4: FOOD HANDLERS
A. Food Products Establishment Defined
The words or term “Food Products Establishment,” as used in this section shall mean and shall include any place or establishment occupied, used, or maintained for the purpose of selling, offering for sale, exposing, or keeping with the intention of sale or the manufacture or processing of any food products, such as cafes, restaurants, meat markets, butcher shops, bakeries, confectioneries, ice cream parlors, dairies, milk creameries, and other business selling, servicing, or offering for sale any food products or liquids not completely enclosed or sealed in their original containers.
B. Permit Required for Handling Food Products Not in Original Containers
(1) All persons handling food or food products not sold in their original containers must have a current food handler’s permit.
(2) A food handler’s permit will be issued for a one year period after the applicant has been examined by a medical doctor and an x-ray of the chest has been taken and said applicant has been found free of communicable disease.
C. Unlawful to Work Near Food with Contagious or Infectious Disease; Medical Examination Required
It shall hereafter be unlawful for any person afflicted with or having any contagious, communicable, or infectious disease to accept employment to work in, around, or about any food products establishment; and every person applying for or accepting such work or employment shall first be examined by a medical doctor or physician duly licensed by the State of Texas as a doctor of medicine, and residing in the City of Electra, Texas, and procure a statement from said doctor signed by said doctor, that said applicant is free from said diseases.
D. Unlawful for Owner or Manager to Allow Anyone to Work Without Certificate of Health
It shall be unlawful for any person, firm, partnership, or corporation maintaining or operating a food products establishment to permit to be employed or work any person who does not have a valid certificate of health, and this shall include all persons so employed in such establishments, including the owner or owners, managers, officers, or agents.
E. Penalty for Violations
Any person deemed guilty or found guilty of a violation of this section shall be fined in an amount not less than $5.00, nor more than $2,000.00, and each separate violation shall be a separate offense.
(Ordinance of January 22, 1951; Ordinance of March 13, 1962; Ordinance of September 8, 1964; Ordinance No. 84-2 of January 10, 1984; Ordinance No. 2000-04 of May 23, 2000)
CITY OF ELECTRA
STRUCTURAL STANDARDS CODE
CHAPTER 6, SECTION 5; Unsafe, Dangerous, or Hazardous Buildings and Structures
- Title. This Code shall be known as the Structural Standards Code of the City of Electra, and may be cited as such, and is referred to herein as "the Code." It is adopted under the authority of Chapter 214 of the Texas Local Government Code.
- Purpose. The purpose of this Code is to provide minimum requirements for the protection of life, health, property, safety, and welfare of the general public from the hazards and dangers of substandard structures; to establish minimum standards for the continued use and occupancy of all structures, regardless of the date of their construction; to provide for giving proper notice to the owner of a structure; and to provide for a public hearing to determine whether a structure complies with the standards set out in this Code.
- Application. The provisions of this Code shall apply to all structures, buildings or portions thereof, regardless of the date of construction, all related structures and their premises when located within the corporate limits of the City of Electra. Any commercial building not used, or designed or intended to be used for human occupancy must meet all provisions except those provisions properly limited to buildings which contain living units.
- Alteration. Existing structures which are altered or enlarged shall be made to conform to this Code insofar as the new work is concerned and in accordance with the Building Codes.
- Relocation. Existing buildings which are moved or relocated shall be considered as new buildings and shall comply with all the requirements of this Code and any applicable Building Codes as adopted by the City of Electra.
- Authority. The City Administrator or his designated Building Official is hereby authorized and directed to administer and enforce all of the provisions of this Code.
- Rights of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Code, or when there is reasonable cause to believe that there exists in any structure or upon any premises, any condition which makes it substandard, as defined in this Code, the City Administrator, or his authorized representative, may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed by this Code; provided he shall first make a reasonable effort to locate the owner, or persons having charge or control of the building or premises, and request permission to enter the premises. If such entry is refused, the City Administrator, or his authorized representative, shall obtain an administrative search warrant as provided in Section 18.05 of the Texas Code of Criminal Procedure.
- Responsibilities Defined. Every owner remains liable for violations of duties imposed upon him by this Code, even though an obligation is also imposed on the occupants of his building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this Code. Every owner, or his agent, shall be responsible for maintaining his structure in a sound structural condition. The owner, or his agent, shall be responsible for keeping that part of the structure or premises which he occupies or controls in a clean, sanitary, and safe condition, including the shared or public areas in a building containing two or more dwelling units.
Where required by the Building Codes, this Code or the health ordinances, every owner shall furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment, or facilities for the prevention of insect and rodent infestation. Where infestation has taken place, the owner, or his agent, shall be responsible for the extermination of any insects, rodents, or other pests.
Every occupant of a dwelling unit shall be responsible for keeping that part of the dwelling or dwelling unit or premises which he occupies and controls in a clean, sanitary, and safe condition. Every occupant shall dispose of all rubbish, garbage, and other organic waste in a manner required by the health ordinances.
Where required by the Building Codes, this Code or the health ordinances, every occupant shall furnish and maintain approved devices, equipment or facilities necessary to keep the premises safe and sanitary.
Where sections of this Code have requirements that conflict with the Building Codes, this Code shall apply.
- Substandard Structure. Any structure or portion thereof, which fails to meet the requirements of this Code is substandard and shall be abated in accordance with the procedures specified in this Code.
- Interpretation. The Building Commission of the City of Electra shall provide the final interpretation of the provisions of this Code and provide for hearings and the issuance of orders. The Commission may adopt reasonable rules and regulations for conducting its hearings under this Code and shall render all decisions and findings in writing to the property owner(s), mortgagees and lien holders. Hearings before the Building Commission shall be provided for in accordance with the provisions contained in Section 5.J & 5.K of this Code.
- Violations. No person, firm, or corporation, whether as owner, lessee, sub lessee, or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building, structure, or premises, or cause or permit the same to be done contrary to or in violation of any of the provisions of this Code or any order issued by the Building Commission hereunder. Any person violating the provisions of this Section shall be guilty of a misdemeanor and may be fined up to $2,000.00. Each day the violation continues shall constitute a separate offense.
- PERMITS AND INSPECTIONS
- General. No building or structure regulated by this Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained in accordance with the applicable provisions of the Building Codes.
- Fees. Whenever a building permit is required by Section 6.E of this Code, the appropriate fees shall be paid as specified in the Building Codes.
- Inspection. All buildings or structures within the scope of this Code and all construction or work for which a permit is required shall be subject to inspection.
Definitions. For the purpose of this Code, certain abbreviations, terms, phrases, words, and their derivatives shall be construed as specified in the Building Code. Additional phrases are defined as follows:
Building Official. The City Administrator or the person designated by the City Administrator to be the Building Official.
Health Officer. Health Officer shall be the legally designated representative of the Texas Department of Health.
Hot Water. Hot water shall be water at a temperature of not less than 120 F.
Building Code. The term “Building Code” for structures shall mean the International Building Codes, including the International Building Code, the International Plumbing Code, the International Fuel Gas Code, the International Property Maintenance Code, the International Fire Code, the International Residential Code, the International Mechanical Code, the International Existing Building Code and the International Energy Conservation Code.
Structure. That which has been or is under construction; including but not limited to all buildings, basements, fences, walls, septic tanks, foundations or sidewalks.
- OCCUPANCY STANDARDS
- Location on Property
Location. All structures shall be located with respect to property lines and to other structures on the same property as required by the Building Code or any zoning ordinance hereafter adopted by the City of Electra.
- General. Buildings or structures may be of any type of construction permitted by the Building Code. Roofs, floors, walls, foundations, and all other structural components of buildings shall be capable of resisting any and all forces and loads to which they may be subjected. All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the Building Code. Buildings of every permitted type of construction shall comply with the applicable requirements of the Building Code.
- Shelter. Every building shall be weather protected so to provide shelter for the occupants against the elements and to exclude dampness.
- Protection of Materials. All wood shall be protected against termite damage and decay as provided in the Building Code.
- Heating and Ventilation
- Heating. Every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a room temperature of 70 F., at a point three (3) feet above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition and in accordance with the Building Code, and all other applicable laws. No unvented fuel burning heaters shall be permitted unless expressly approved by the Building Official. All heating devices or appliances shall be of an approved type.
- Electrical Equipment. All electrical equipment, wiring, and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type.
- Ventilation. Ventilation for rooms, areas and for fuel-burning appliances shall be provided as required in the Building Code and in this Code.
- Fire Protection. All buildings or portions thereof shall be provided with the degree of fire-resistive construction required by the Building Code for the appropriate occupancy, type of construction, and location on property; and shall be provided with the appropriate fire-extinguishing systems or equipment required by the Building Code.
- SUBSTANDARD BUILDINGS
- General. Any building, structure or portion thereof, including any dwelling unit, guest room or suite of rooms, or premises on which the same is located, in which there exists any of the following listed conditions is a substandard building as defined in Section 5.D.4 of this Code:
- Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit.
- Lack of, or improper window screens as necessary to prevent the entry of insects.
- Lack of, or improper kitchen sink in a dwelling unit.
- Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
- Lack of adequate heating facilities.
- Lack of, or improper operation of required ventilating equipment.
- Lack of minimum amounts of natural light and ventilation required by the Building Code.
- Room and space dimensions less than required by the Building Code.
- Lack of required electrical lighting.
- Dampness of habitable rooms.
- Infestation of insects, vermin or rodents as determined by the health officer or his designee.
- General dilapidation or improper maintenance.
- Lack of connection to a required sewage disposal system.
- Deteriorated or inadequate foundations.
- Defective or deteriorated flooring or floor supports.
- Flooring or floor supports of insufficient size to carry imposed loads with safety.
- Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
- Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.
- Members of ceilings, roofs, ceiling and roof supports or other horizontal members, which sag, split, or buckle due to defective material or deterioration.
- Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.
- Fireplaces or chimneys which list, bulge, or settle, due to defective material or deterioration.
- Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
- Electrical Wiring. All wiring, except that which conformed to all applicable laws in effect at the time of installation, and which has been maintained in good condition and is being used in a safe manner.
- Hazardous Plumbing. All plumbing except that which conformed to all applicable laws in effect at the time of installation, and which has been maintained in good condition and which is free of cross connections and siphonage between fixtures.
- Hazardous Mechanical Equipment. All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation, and which has been maintained in good and safe condition.
- Faulty Weather Protection. Weather protection which shall include, but not be limited to the following:
- i. Deteriorated, crumbling, or loose plaster.
- ii. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors.
- iii. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
- iv. Broken, rotted, split, or buckled exterior wall coverings or roof coverings.
- Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the Fire Marshall or his deputy, is in such a condition as to cause a fire or explosion, or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
- Faulty Materials of Construction. All materials of construction, except those which are specifically allowed or approved by this Code and the Building Code, and which have been adequately maintained in good and safe condition.
- Hazardous or Unsanitary Premises. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions which constitute fire, health, or safety hazards.
- Inadequate maintenance. Any building or portion thereof which is determined to be an unsafe building as a result of improper or inadequate maintenance.
- Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities as required by the Building Code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction, and which have been adequately maintained and increased in relation to increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of exits, additional exits may be required to be installed.
- Inadequate Fire protection or Firefighting equipment. All buildings or portions thereof which are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this Code, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
- Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies.
- Commencement of Proceedings. Whenever the Building Official, or his designee, has inspected or caused to be inspected any structure and has found and determined that such structure is a substandard structure, he may commence proceedings to require the vacation, relocation of occupants, securing, repair, removal, or demolition of the structure.
- Notice. The Building Official or his designee shall make a diligent effort to discover the name and address of each owner, mortgagee or lien holder of the structure as found in the real property records of the county clerk. He shall then issue a notice to each owner, mortgagee or lien holder which shall contain the following:
- The street address and legal description sufficient for identification of the premises upon which the structure is located.
- A statement that the Building Official believes the structure to be in violation of the terms of the Structural Standards Code with a brief and concise description of the conditions found to render the structure in violation. The Building Official may comply with this section by attaching a copy of any report of the inspection of the structure to the notice.
- A statement advising that a hearing has been set before the Building Commission as follows:
"You are hereby notified that a hearing will be held before the Building Commission of Electra, Texas, at City Hall, 101 N. Main Street, Electra, Texas 76360 on the _____day of ___________ 20__ at ______a.m. The purpose of the hearing is to make a final determination as to whether the structure described is in violation of the Structural Standards Code of the City of Electra, Texas. You may be present at the hearing and may be, but need not be, represented by legal counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit thereof with the Building Commission. At the time of the hearing, you (whether you be the owner, lien holder, or mortgagee) will be required to submit at the hearing proof of the scope of any work that may be required to comply with the Code and the time it will take to reasonably perform the work. In the event you seek to obtain more than thirty (30) days to complete the project, you will be required to reasonably establish that the work cannot be completed within thirty 30 days. In the event you seek to obtain more than ninety (90) days to complete the work, you will be required to submit a detailed plan and time schedule for the work at the hearing and establish that the work cannot be completed within ninety (90) days.”
Following the hearing the Building Commission may issue an order requiring the vacation, relocation of occupants, securing, repair (with or without vacation), removal, or demolition of the structure if the Building Commission finds that any of the following conditions exist:
- The structure in question is dilapidated, substandard, or unfit for human habitation; and a hazard to the public health, safety, and welfare;
- The structure is unoccupied by its owners, 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;
- If boarded up, fenced or otherwise secured in any manner, the building constitutes a danger even though secured from entry; or the means used to secure the building are inadequate to prevent unauthorized entry or use of building in the manner described above;
- Following entry of the order, any person affected by the order may appeal, the order to the State District Court for relief within thirty (30) days, and upon failure to do so within such period of time, the order shall become final.
- Service of Notice. The notice and any amended or supplemental notice shall be served upon the record owner, and posted on the property; and one (1) copy thereof shall be served on each of the following if known to the Building Official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record, the owner or holder of any lease filed of record and the holder of any other estate or legal interest filed of record in or to the building or the land on which it is located. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this code.
- Method of Service. Service of the notice shall be made upon all persons entitled thereto, either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, to each person at his address as it appears in the official records of the county clerk , any appraisal district records, or as known to the Building Official. If such certified letter is not deliverable as addressed, service may be by publication two (2) times within ten (10) consecutive days in a newspaper of general circulation within this county. If no address of any such person so appears, or is known to the Building Official, then a copy of the notice shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Delivery by certified mail in the manner herein provided shall be effective service on the date of mailing.
- Proof of Service. Proof of service of the notice shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice retained by the Building Official.
- General. Before any order is issued by the Building Commission or any work is performed by the Building Official on any building or part thereof which is in violation of this code, except under Section 5.J.5 dealing with emergency remedies, there shall first be a hearing conducted by the Building Commission.
- Standards to be followed. The following standards shall be followed by the Building Commission in ordering the repair, vacation, relocation of occupants, demolition or removal of a structure:
- The Building Commission may issue an order requiring the vacation, relocation of occupants, securing, repair (with or without vacation), removal, or demolition of the structure if the Commission finds that any of the following conditions exist:
- i. the structure in question is dilapidated,
substandard, or unfit for human habitation;
and a hazard to the public health, safety,
ii.that regardless of its structural condition, the structure is unoccupied by its owners, 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; or
iii.if boarded up, fenced or otherwise secured in any manner if:
- the building constitutes a danger even though secured from entry; or
- the means used to secure the building are inadequate to prevent unauthorized entry or use of the manner described in (ii) above.
- If the Building Commission finds that the structure is in violation, then the Commission shall require the owner, lien holder, or mortgagee of the building to within thirty (30) days:
- iv. secure the structure from unauthorized entry;
- v. repair, remove or demolish the structure
within thirty (30) days, unless the owner or lien
holder establishes at the hearing that the
work cannot be reasonably performed within
thirty (30) days.
- vi. If the owner establishes that the work cannot
be reasonably completed in thirty (30) days
and the Commission determines that
additional time is necessary, 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.
- vii. The Building Commission shall not allow an
owner, lien holder or mortgagee more than
ninety (90) days to repair, remove or
demolish the structure or fully perform all
work required to comply with the order unless
the owner, lien holder 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 be completed within ninety (90) days because of the scope and complexity of the work.
- If the Building Commission allows the owner, lien holder, or mortgagee more than ninety (90) days to complete any part of the work required to repair, remove or demolish the structure, the Commission shall require the owner, lien holder, or mortgagee to regularly submit progress reports to the Building Official to demonstrate that the owner, lien holder, or mortgagee has complied with the time schedules established for commencement and performance of the work. The order may require that the owner, lien holder or mortgagee appear before the Building Official to demonstrate compliance with the time schedules.
- In the public hearing to determine whether a structure complies with the standards set out in the code, the owner, lien holder or mortgagee has the burden of proof to demonstrate the scope of work that may be required to comply with the code and the time it will take to reasonably perform the work.
- Right to Appeal. Any person affected by any order may seek to appeal the order within thirty (30) days, to the State District Court for relief and upon failure to do so within such period of time such order shall be final.
- Findings of Fact. Following the hearing, any person wishing to appeal the decision of the Building Commission may request that the Commission make such findings as the Commission believes necessary to support its Order. In the event a party fails to request such findings within thirty (30) days, it shall be presumed that the Commission made such findings as are necessary to support its decision.
- Emergency Abatement. In the event that a structure constitutes a substantial and immediate hazard to the public health, safety and welfare as a result of fire, civil disobedience or natural disaster to the extent that an imperative public need exists to abate a portion or all of the structure, the Building Official may immediately, without prior hearing before the Building Commission abate that portion of the structure which causes the hazard provided:
- The Building Official has made a reasonable effort to determine the name and location of each owner and lien holder or mortgagee and has attempted to give each owner, lien holder and mortgagee notice of the impending action by the Building Official. The notice may be given orally and a record shall be kept of the time and date of each communication.
- The structure shall be abated only to the extent necessary to remove the immediate hazard to the public health, safety and welfare. The structure shall then be treated as any other substandard structure and additional abatement may be done only after notice and hearing as provided in Sections 5.I and 5.J.
- PROCEDURES FOR CONDUCTING MEETING
- Record. A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the Building Commission.
- Oaths - Certification. In any proceedings under this Section, the Building Commission or a Commission member has the power to administer oaths and affirmations and to certify official acts.
- Reasonable Dispatch. The Building Commission and its representatives shall proceed with reasonable dispatch to conclude any matter before it.
- Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
- Oral Evidence. Oral evidence shall be taken only on oath or affirmation.
- Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this State.
- Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.
- Rights of Parties. Each party shall have the following rights, among others:
- To call and examine witnesses on any matter relevant to the issues of the hearing;
- To introduce documentary and physical evidence;
- To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
- To impeach any witness regardless of which party first called him to testify;
- To rebut the evidence against him;
- To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so.
- Hearing Before the Building Commission. Where a contested case is heard before the Building Commission no member thereof who did not hear the evidence or has not read the entire record of the proceedings shall vote on or take part in the decision.
- Form of Decision. The decision shall be in writing and may contain findings of fact; it shall contain a determination of the issues presented, and the requirements for compliance. A copy of the decision shall be delivered to each party personally or sent to each party by United States Mail, certified, return receipt requested, postage prepaid.
- Effective Date of Decision. The effective date of the decision shall be as stated therein. Within the (10) days after the date the order is issued, the Building Official shall:
- file a copy of the order in the office of the City Secretary; and
- serve a copy of the order upon each owner, mortgagee and lien holder by certified mail, return receipt requested.
- publish in a newspaper of general circulation in the City of Electra a notice containing:
- i. the street address and legal description of the property;
- ii. the date of the hearing;
- iii. a brief statement indicating the results of the order; and;
- iv. instructions stating where a complete copy of the order may be obtained.
- General. After any order of the Building Commission pursuant to this Code has become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey such order. Any such person who fails to comply with such an order is guilty of a misdemeanor.
- Failure to Obey order. If, after any order of the Building Commission made pursuant to this Code has become final, the person to whom such Order is directed shall fail, neglect or refuse to obey such Order, the Building Official may, (1) cause such person to be prosecuted under Section 5.L.1 or, (2) take any appropriate action to abate such structure pursuant to the order, including repair, removal or demolition of the structure.
- Notice Contents. The Building Official shall, if ordered by the Building Commission pursuant to Section 5.K.9-11, cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading as follows:
DO NOT OCCUPY
it is a misdemeanor punishable by up to a
to occupy this structure, or to remove
or deface this notice.
City of Electra
- Failure to Obey Notice. No person shall occupy any building which has been posted as specified in this section. No person shall remove or deface any such notice so posted until the repairs, demolition, or removal ordered by the Building Commission have been completed.
Additional Remedies. In addition to any other remedy herein
provided, if a party fails to comply with an order of the
Commission within the time provided then the Building Official
may take such action as is required by the order.
- Repairs By City. If after the expiration of the period of time allowed in an order of the Building Commission, the person to whom the order was directed shall fail, neglect or refuse to obey such order, then the Building Official may repair the building, or hire it done to the extent necessary to meet the minimum requirements of this Code at the expense of the city. Costs incurred shall be assessed against the land on which the building stands or is attached and a Notice of Lien shall be filed as provided by Section 214.0015(d) of the Texas Local Government Code. The Notice of Lien shall be substantially in the form required by this Code or by statute.
- Civil Penalties. At the time of the hearing provided by this Code, the Building Commission may provide that if the person to whom the order is directed shall fail, neglect or refuse to obey any order, then a civil penalty shall be assessed against the property. The Building Commission may set the amount of the penalty at the time of the hearing in an amount not to exceed $1,000.00 per day if the property is not homestead property and in an amount not to exceed $10.00 per day if the property is occupied by the owner as his homestead. The civil penalties shall be assessed against the land on which the building stands or stood and a Notice of Lien shall be filed as provided in Chapter 214.0015(d) of the Texas Local Government Code. The Notice of Lien shall be substantially in the form required by this Code or by statute.
- Interference With Work Prohibited. It shall be a misdemeanor for any person to obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City, or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this Code, whenever such officer, employee, contractor or authorized representative of the City, person having an interest or estate in such building or structure, is demolishing any such building pursuant to the provisions of this Code, or is performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this Code.
- PERFORMANCE OF REPAIR, DEMOLITION OR OTHER WORK
Procedure. When any demolition or other work is to be done pursuant to Section 5.L.4 of this Code, the Building Official shall cause the work to be accomplished by either city personnel or by private contract.
- RECOVERY OF CIVIL PENALTIES, COST OF REPAIR, DEMOLITION OR OTHER WORK
- Account of Expense, Filing of Statement. The Building Official shall keep an itemized account of the expense incurred by the City for administrative cost, demolition or removal of any structure and the cleaning of the lot where the structure was located. Upon completion of this abatement, the Building Official shall prepare a Notice of Lien specifying the work done, and the total cost of the work, a description of the real property upon which the structure was located, and the names and addresses of the persons entitled to notice.
- Lien of Assessment.
- Priority. Immediately upon recordation, the amount assessed shall be payable, and the assessment shall be a lien against the parcel of land where the work was performed and against any remaining improvements thereon. The lien shall be subordinate only to tax liens and liens to secure the cost of street improvements after they have been so made.
- Interest. All such assessments remaining unpaid after thirty (30) days from the date of recordation shall become delinquent and shall bear interest at the rate of ten percent (10%) per annum from and after said date.
- Foreclosure. For any such expenditures and interest, suit may be instituted and foreclosure had in the name of the City of Electra a certified copy of the lien and billing statements shall be prima facie proof of the amount expended in any such work.
- Repayment. All money recovered by payment of the charge or assessment, including any interest thereon, or from the sale of the property at foreclosure sale shall be paid to the Building Official who shall credit the same to the General Fund.
SEC. 6: DEMOLITION OF STRUCTURES
A. Declaration of Purpose
It is the purpose of the provisions of this section to provide a just, equitable, and practicable method, to be cumulative with and in addition to any other remedy available at law, whereby buildings or structures may be demolished or razed in such a manner as to prevent said buildings or structures from becoming unsafe, dangerous, unsanitary, or a menace to the life, limb, health, morals, property, safety, and general welfare of the people of Electra.
B. License Required to Demolish Building or Structure
Anyone wishing or desiring to demolish any building or structure within the city limits of the City of Electra, whether the owner of said building or structure, or any person, firm, corporation, or business employed for such purpose shall, prior to commencing said demolition, file an application with the City Secretary of the City of Electra for a license to demolish said building or structure. Said application shall contain, at a minimum, the following information:
(1) The address of the building or structure to be demolished;
(2) The name and address of the owner of said building or structure;
(3) The name and address of the person, firm, corporation, or business which will demolish said building or structure;
(4) The date upon which said demolition shall commence;
(5) The date by which said demolition will be completed, said date being no later than sixty (60) days after the beginning date above provided;
(6) The location where the debris from said demolition will be deposited.
C. Bond Required
The person, firm, corporation, or business desiring to demolish any structure within the City of Electra, and the owner of the structure to be demolished shall, prior to the granting of the license to demolish said building or structure, present a bond payable to the order of the City of Electra in an amount to be determined by the City Secretary to be sufficient to allow the City of Electra to recover its costs in completing said demolition in the event that said demolition is not completed within the time permitted by the issuance of said license; however, in no event shall said bond be in an amount of less than five hundred dollars ($500.00)
Said bond may be issued by a bonding company, may be in the form of a surety bond executed by the owner of said structure, the person, firm, corporation or business which will actually demolish said building or structure (if applicable) and such other sureties as the City Secretary may require, or in cash.
D. Conditions Precedent to City Secretary’s Issuance of License
(1) Upon receipt of a license application by the City Secretary, the City Secretary shall review the information contained in said application and take such action as he deems necessary to verify the information contained therein. After determining the correctness of the application, the reasonableness of the time requested to complete said demolition, and suitability of the ultimate disposal site of the debris from said demolition, the City Secretary shall determine the amount of bond required under the preceding section and inform the applicant that said license will be issued upon receipt of the bond, or that said license will not be issued. In the event that the City Secretary determines that said license will not be issued, he will so inform the applicant within five (5) business days of the receipt of the application by the City Secretary. Upon the approval of the application by the City Secretary and receipt of the bond, the City Secretary shall issue the license to the applicant.
(2) Any license so issued shall contain the following:
(a) The name and address of the licensee;
(b) The address of the building or structure to be demolished or razed;
(c) The date which such demolition or razing may begin;
(d) The date by which said demolition or razing shall be completed;
(e) The location of the site to which the debris shall be carried and where such debris shall be ultimately disposed;
(f) The amount of the bond;
(g) A statement clearly informing the licensee that if the demolition is not completed by the date provided in said license, the City of Electra may thereafter, at its option, complete said demolition and remove the debris to a location chosen by the City of Electra and that in such event the City of Electra may recover its actual costs from the bond given by the licensee.
(h) A statement signed by the owner of the premises and the licensee (if different from the owner) giving the City of Electra permission, in the event the demolition is not completed within the prescribed time, to go onto the property and complete the demolition and removal of debris and to recover its cost from the bond given by the licensee.
E. Return of Bond
In the event the demolition is completed and all debris removed from the site of such demolition to the satisfaction of the City of Electra within the time prescribed in said license, the City of Electra shall return the bond to the licensee. In the event the licensee shall fail to complete the demolition and removal of debris from the site within the time prescribed in said license, and the demolition and removal is thereafter completed by the City of Electra, at a cost less than the amount of the bond, the City of Electra shall, within ten (10) days of its completion of such demolition and removal refund the remaining amount of the bond to the licensee.
F. Appeal by Applicant of City Secretary’s Refusal to Issue License
In the event the City Secretary shall refuse to issue a license, as hereinabove provided, the applicant may appeal said decision to the City Commission of the City of Electra. The City Commission shall adopt reasonable rules and regulations for conducting its investigation and hearings. All decisions of the City Commission shall be made in writing and provided to the applicant.
Any appeal of the City Secretary’s decision not to issue a license shall be in writing, shall state the substance of the order appealed from, shall be delivered personally to the Mayor or Mayor pro tem of the City of Electra, or mailed to the Mayor or Mayor pro tem by certified mail, addressed to the City Hall, City of Electra. The Mayor of the City of Electra shall set the matter for hearing before the City Commission at a date, hour and place set at least ten (10) days before the actual hearing in the matter and notice of said date, hour and place of hearing shall be personally delivered to the appellant or mailed to him by certified mail to the address on appellant’s application.
At the time stated in the notice, the City Commission shall hold a hearing and hear and consider any relevant evidence offered by the City Secretary, the appellant, the owner, or any other person having any interest in said property. Within thirty (30) days after the conclusion of the hearing, the City Commission shall make written findings of fact and render its decision.
G. Penalty for Violation
Any person, firm, corporation or business which commences the demolition or razing of any building or structure within the City of Electra without first obtaining a license for such purpose, or any owner or any other person who employs a person, firm, corporation, or business to commence demolition or razing of any building or structure without first obtaining a license for such purpose, or who violates any of the provisions of this section, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not less than two hundred fifty dollars ($250.00), nor more than two thousand dollars ($2,000.00), and each day during which such violation continues shall be a separate and distinct offense and each such separate offense shall be deemed a misdemeanor, punishable as aforesaid.
(Ordinance No. 91-5A of June 11, 1991; Ordinance No. 2000-04 of May 23, 2000)
SEC. 7: NO SMOKING AREAS AT CITY HALL
A. Declaration of Purpose
It is the purpose of the provisions of this section to provide for a smoke-free environment for employees at and visitors to the City Hall in the following portions of the City Hall and at the following times.
B. No Smoking Areas and Times
No smoking shall be allowed in the lobby area of the City Hall at any time, nor in the City Commission chambers of the City Hall during any official meeting of the City Commission.
The penalty for violation of this section shall be a fine in the minimum amount of one dollar ($1.00) and a maximum amount of five hundred dollars ($500.00).
(Ordinance No. 94-1 of February 8, 1994; Ordinance No. 2000-04 of May 23, 2000)
Section 8 - LODGING ESTABLISHMENT REGULATIONS
The purpose of these rules is to establish minimum health standards for the construction, operation and maintenance of a lodging establishment within the corporate limits of the City of Electra.
The following words, terms and phrases; when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
Clean means free from dirt, impurities or multiple stains; hygienic conditions and practices that serve to promote or preserve health.
Continual, continued, or repeat violation means a particular condition of construction, operation, or maintenance which is found in violation of these rules on three or more consecutive inspections or laboratory analyses within a twelve month period.
Contagious disease means a diagnosis of an illness due to Norovirus; hepatitis A virus, Salmonella typhi; Shigella spp, shiga toxin-producing Escherichia coli; or similar organism clinically suspected to cause symptoms of vomiting, diarrhea, jaundice or sore throat with fever and considered transmissible.
Easily cleanable means surfaces, which are readily accessible, and made of such materials and finishes and so fabricated that residue, may be effectively removed by normal cleaning methods.
Equipment means any items used in connection with the operation of a lodging establishment including but not limited to any washer, dryer, ice machine, fans, air conditioning units, heaters, refrigerators, or cooking units.
Excessive means more than a usual, multiple or an unreasonable number.
Extended stay means guests that stay for a week or longer in length.
Fixtures means any sinks, bathtubs, showers, toilet fixtures, or any other such items used in connection with the operation of a lodging establishment.
Furnishings means any bedding, furniture, lamps, or any such items used in connection with the operation of a lodging establishment.
Guest means any person who rents and occupies a guest room in a lodging establishment.
Guestroom means any room or unit where sleeping accommodations are regularly offered to the public.
Imminent health hazard means a situation that is likely to cause an immediate threat to human life, an immediate threat of serious physical injury, immediate threat of serious adverse health effects, or a serious risk of irreparable damage to the environment if immediate action is not taken.
Inspect or inspection means an examination by the Director of Health or his/her designee of the lodging establishment structure, facilities, equipment, and operations. The inspection area shall include, but not be limited to, the public and guest rooms; fixtures; furnishings; equipment and utensils; water supply and waste disposal facilities; and the buildings' surroundings. It shall also include a determination of the cleanliness and maintenance of the building, furnishings fixtures, equipment and utensils, and any other examination necessary to determine the degree to which any lodging establishment complies with the provisions of these rules. Inspections are performed on a routine schedule or as a result of a complaint.
Kitchenettes means a small kitchen with refrigeration, vented cooking range, dishwashing sinks and cooking utensil storage.
Law means all federal, state, and local statutes, ordinances, and/or rules.
Linens means the fitted sheets, top sheets, and pillows excluding coverlets and comforters.
Lodging establishment means any building, group of buildings, structure, facility, place, or places of business where two or more guest rooms are provided, which is owned, maintained, or operated by any person and which is kept, used, maintained, advertised or held out to the public for hire. It can be construed to be a hotel, motel, motor hotel, apartment hotel, tourist court, resort, cabins, tourist home, bunkhouse, bed and breakfast, or other similar place by whatever name called, and includes all such accommodations operated for hire as lodging establishments for either transient guests, permanent guests, or for both transient and permanent guests. The term does not include duplexes, four-plexes, dormitories, and apartment complexes.
Manager or operator means the owner's agent or representative, who is directly responsible for operation of the lodging establishment.
Nuisance means any condition as defined in V.T.C.A., Health and Safety Code § 341.011
Numerical score means the score determined by deducting the values of all items found in violation from 100.
Owner means a person(s) who holds legal possession or ownership of a total or partial interest in the structure or property on which exists a lodging establishment.
Regulatory authority means the director of the Wichita Falls-Wichita County Public Health District or his/her designee; including the City of Electra.
Rules shall mean city and county ordinances or state statutes.
Sanitary means free from harmful elements, including pathogens that endanger public health.
Sanitize means the effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemical for sufficient time to reduce the bacterial count, including pathogens, to a safe level on cleaned surfaces.
Sealed means free of multiple cracks or other openings that permit the entry or passage of excessive moisture that causes water damage to the property.
Single service articles or utensils means cups, containers, ice bucket liners, stirrers, paddles, straws, napkins, doilies, wrapping materials and similar articles intended for one time use and then discarded.
It shall be the duty of the regulatory authority to provide inspection records for review. Records shall be kept for a minimum of five years and shall be available for review according to the public information act.
A person may not operate a lodging establishment without a permit issued by the regulatory authority. Permits are not transferable from one person to another or from one location to another location, except as otherwise permitted by these rules. A valid permit must be conspicuously displayed in view of the guests within a common lobby area at all lodging establishments.
Any person desiring a lodging establishment permit must make a written application for a permit on forms provided by the regulatory authority. The application must contain the following:
(3) Phone number.
(4) Emergency contacts included, for each applicant.
(5) Physical location.
(6) Billing information and the applicable fee.
An incomplete application will not be accepted. Failure to complete required information or falsifying information required may result in denial or revocation of the permit. Renewal of the permit is required on an annual basis and is the responsibility of the owner and manager of the lodging establishment both jointly and separately. The same information is required for a renewal permit as for an initial permit. New and existing lodging establishments shall be in compliance with this ordinance to be issued a permit.
(1) Prior to the approval of an initial permit for lodging establishments or the renewal of an existing permit, the regulatory authority shall inspect the lodging establishment to determine compliance with these rules.
(2) A lodging establishment that does not comply with these rules will not be granted a permit to operate.
(3) The regulatory authority is authorized to conduct inspections, at intervals determined by the regulatory authority, to ensure compliance with all provisions of this article.
(4) The lodging establishment must achieve at minimum a numerical score of 70 to pass an inspection. Demerits will be equally weighted at two points each and multiple violations of the same deficiency shall constitute one violation on the inspection form. The numerical score shall be computed by subtracting the number of demerits from 100.
(5) If a lodging establishment receives a numerical score of 70 or below, there must be immediate corrective actions taken to correct deficiencies to raise the numerical score above a 70 within the following 24-hour period to avoid possible closure.
(6) Inspections will be conducted during normal business hours unless there is a report of a contagious disease or complaint that presents an imminent threat to public health and safety. The regulatory authority shall have the right to enter at any hour upon the premises where a lodging establishment is located as deemed necessary by the director of health.
(7) Occupied rooms may be inspected whenever there is a reasonable risk of a health hazard or imminent threat to the structure that if uncorrected would adversely affect adjoining rooms.
(8) The regulatory authority shall have the authority to collect samples for laboratory analysis.
(9) It shall be a violation to refuse or obstruct the regulatory authority or designee from conducting inspections.
Only persons and entities that comply with the requirements of these rules shall be entitled to receive and retain a permit required by this division. Permits to operate a lodging establishment expire one year after issuance, unless revoked or suspended for noncompliance. All lodging establishments must comply with provisions of this rule upon 30 days from passage, excluding procurement of permits which will be required on January 1, 2007. The permit fee will be paid annually to the regulatory authority. All lodging establishments shall have a minimum of seventy-five percent of their guest rooms in a condition that meet the requirements of this subdivision in order to retain a permit to operate the lodging establishment.
Number of rooms
0 to 10
From 11 to 20
21 and above
Base permit fee
Base plus $2.00 per room
Add $1.00 per room over 21
Example- (35 room motel) Base $75.00
10 rooms x $2.00 = $20.00
15 rooms x $1.00 = $15.00
$75.00 + $20.00 + $15.00 = $110.00 Total permit fee
All lodging establishments shall be maintained to meet the following requirements:
(1) Lodging establishment grounds shall be free of excessive litter and have garbage properly stored in covered containers with tight fitting lids and be free of any collection of items that could harbor rodents, cockroaches or mosquitoes and:
a. Shall have all walking and driving surfaces of the immediate exterior areas surfaced with concrete or asphalt, or other approved material to minimize dust.
b. There shall be no conditions that constitute a public health nuisance as set forth by the State of Texas.
c. Non-essential articles, items, or equipment that cause a public nuisance or harbors roaches, rodents or other vectors shall be removed.
d. Outside garbage containers shall be cleaned at least monthly or as needed to prevent a nuisance or odor. Liquid waste resulting from cleaning the containers shall be disposed in a manner that does not create a nuisance.
e. Animals shall be excluded from the laundry, linen storage, utensil washing, food service, single-service storage and ice machine areas except as provided by law.
(2) Lodging establishments shall be sealed and free of leaks and excessive water damage or mold. Construction surfaces shall be easily cleanable in good physical condition and with carpets and curtains in clean condition and free of excessive stains. Further requirements are as follows:
a. Furnishings shall be maintained in good condition and clean. Items with excessive wear, tears, or stains shall be replaced.
b. Each unit shall have trash removed, be vacuumed, and have smooth surfaces sanitized after each occupancy.
c. Glasses, pitchers, ice buckets, and eating and cooking utensils in the kitchenettes shall be cleaned and sanitized after each occupancy.
d. All rooms and bedding shall be free from an accumulation or infestation of insects or ecto-parasites. If a room becomes infested with insects of any type, the room shall not be occupied until the infestation is controlled.
e. Soap shall be provided with a dispensed liquid or with new, individually wrapped bar soap. Used bar soap shall be removed from the rooms when the guest ends the occupancy. Other toiletries provided by the lodging establishment which are opened by the guest, shall be removed when the guest ends the occupancy. Used soap and toiletries shall be discarded and shall not be used for any other purpose.
f. A dispensed liquid soap shall be provided in all common and public bathrooms and toilets.
g. Single service articles shall be replaced after each occupancy or when visibly damaged or the possibility of contamination exists.
h. All toxic and hazardous substances shall be properly labeled with the common name of the content and appropriately stored to prevent contamination.
(3) Lodging establishments providing ice shall only produce ice from potable water and such shall be handled in a sanitary manner including that:
a. Ice shall be free from visible trash and sediment.
b. Ice shall not be made or stored in an owner's or managers private refrigerator and/or private living areas.
c. Ice that is not produced at the lodging establishment shall be obtained from an approved source, shall be properly labeled and protected from contamination during transportation and storage.
d. Ice machines shall be of sanitary, durable, corrosion-resistant, and easily cleanable construction.
e. Ice machines shall be kept sanitized and in good repair.
f. Ice storage bins shall be drained into an approved sewage system and must have a physical air gap.
g. When replacement of a self-service ice machine becomes necessary or additional machines are added, an automatic self-serve ice dispensing machine shall be installed.
h. Ice machines shall be located in a place, which provides protection from the elements and possible sources of contamination. Exterior storage spaces shall provide, at a minimum, overhead protection. The area shall be kept clean and shall be free of accumulation of excessive moisture, drippage, or trash.
i. Vending and ice machines shall be sanitized; with an ice scoop available and installed with a drain that includes a physical air gap to prevent back-siphonage. All ice machines with storage bins shall be equipped with an ice scoop that is attached to the ice bin with a tether of easily cleanable material. The tether shall be of such a length to prevent the scoop from touching the ground and maintained in a clean and sanitary condition.
j. All lodging establishments with customer service ice machines in common areas prior to the adoption of these rules shall have automatic self service ice dispensing machines upon replacement. This requirement excludes kitchenettes and icemakers in refrigerators.
(4) All linens, towels, and laundry shall be provided in a clean sanitary condition without excessive stains or damage. In addition the following are required:
a. During laundering; clean linens, towels, and laundry shall be kept in separate carts and stored away from soiled linens, towels, and laundry.
b. Shall be protected from dust, dirt, vermin, or other contamination at all times.
c. Linens shall be changed to clean linens after each occupancy in preparation for a different occupancy.
(5) Lodging establishments with non-guest laundry facilities shall be restricted to the washing and drying of linens, towels, uniforms, and aprons necessary to the operation of the lodging establishment. In addition the following are required:
a. If such items are laundered on the premises, a commercial washing machine and dryer shall be provided and used in accordance with subsection c. below of this section.
b. Dryers shall be installed according to manufacturer's instructions.
c. All lodging establishments with on premise laundries prior to adoption of these rules shall have commercial washing machines and dryers within one year after the date of the adoption of this article.
d. Laundry facilities shall be separated from any other permanent living quarters by complete partitioning and solid self-closing doors.
e. Traffic through or use by guests of the non-guest laundry facility is prohibited.
(6) Should separate laundry facilities be provided for the use of the lodging establishment guests, these shall be located in a different room or area of the lodging establishment than those provided for commercial laundry purposes. These facilities shall be clean and maintained in good repair.
(7) Fire safety of lodging establishments shall be the responsibility of the manager/operator and be in accordance with the applicable code and/or ordinance. In addition, the following are required:
a. Shall have proper fire extinguishers available, fully charged, and have current inspections as required by current City Code.
b. Portable outside cooking grills of any type shall be no closer than ten feet from any enclosed or combustible structure.
c. Only professionally installed and inspected cooking ranges with approved venting for kitchenettes shall be allowed in lodging establishments.
d. Individual rooms may have a microwave oven and/or a coffee/tea maker; kitchenettes are exempt from this limitation.
e. Corded cooking or heating devices such as portable hot plates, or crock pots shall not be allowed in rooms. The operator shall either post signs; state this policy verbally; provide in writing during check-in procedures; or provide this information within the guest services book within each guest room to comply with this section.
f. Storage and equipment rooms must be organized with all flammables properly labeled with common names.
g. Rooms where fuel burning appliances are used shall be properly vented in accordance with the manufacturers' specifications and carbon monoxide monitors shall be provided in these rooms.
h. Rooms shall have and maintain, in operating condition, an approved battery, or electrically operated smoke detector device in each guest room. Owner and operators shall be required to test each smoke detector at a minimum of two times each calendar year to determine if each detector is in working order. Records of the testing shall be maintained and provided to the public health inspector upon request.
i. Emergency phone numbers including 911, fire, police, and first aid equipment must be available at the front desk.
j. Records shall be kept of all accidents or injuries of guests and employees that occur on the premises of a lodging establishment.
(8) Should swimming pools, spas, and similar facilities be installed; they shall be constructed and maintained in accordance with the applicable code. Swimming pool water shall only be disposed of into an approved sanitary sewer.
(9) Insect and rodent control, in all lodging establishments, shall be kept in such a condition as to prevent the harborage or feeding of insects or rodents. Windows shall be screened and be in good condition without cracks or missing seals and shall be in good working order. Screening material shall be 16 mesh to the inch. Rooms with infestations of insects or rodents shall be subject to closure until treatment has been deemed effective by the regulatory authority. A licensed exterminator company shall provide routine treatment of lodging establishments and receipts shall be kept on file.
(10) Lodging establishments shall in general be kept in a clean and sanitary condition, in good repair, and shall be maintained and operated with strict regard to health and safety of the transient or permanent guest. Extended stay guests at all lodging establishments shall be moved to a new room after seven days to allow cleaning and sanitization of the guest room and bathroom if maid service is not provided at a minimum of once per week or facility repairs are necessary to adhere to these rules.
(11) Records shall be kept for a period of no less than ninety days of the cleaning frequency of rooms that are used for extended guests stays; noting last cleaning performed and any room damage or repairs.
(1) An adequate, accessible supply of potable drinking water approved by the Texas Commission on Environmental Quality shall be provided at all lodging establishments.
(2) Water under pressure at the required temperatures shall be provided to all fixtures and equipment that use water.
(3) Water from a source other than a public water supply shall not be used until the department or other state regulatory authority has approved it.
(1) Sewage and wastewater treatment and disposal shall be accomplished in a manner so as to not create a health hazard, pollute or contaminate groundwater, or create a nuisance. This includes draining swimming pool water and while performing plumbing repairs of any kind.
(2) Sewage and wastewater treatment systems with a discharge shall be installed and maintained in compliance with the state laws and local ordinances.
(1) No employee of a lodging establishment, while infected with a contagious disease that can be transmitted to other employees or the guests, or who is a carrier of organisms that cause such a disease, or who is affected with a boil, an infected wound or acute respiratory infection shall work in a lodging establishment in any capacity in which there is a likelihood of such an employee contaminating ice, clean linens, or single service articles with pathogenic organisms or transmitting the disease to other persons.
(2) Employees working with and handling single service items, such as clean laundry, ice or beverages or performing tasks that would contaminate their hands shall thoroughly wash their hands and exposed areas of their arms before starting work, after smoking, eating or using the toilet. Employees shall keep their fingernails trimmed evenly and clean.
(3) Employees involved in guest services and housekeeping functions shall wear clean clothing, which is in good repair. When performing cleaning functions that could bring the employee into contact with guest's bodily fluids, the employee shall be provided protective gloves for optional use.
(1) When the regulatory authority has reasonable cause to suspect possible contagious disease transmission by an employee of a lodging establishment, it shall immediately secure a medical history of the suspected employee, make other investigations as necessary, and notify the state epidemiologist. The regulatory authority may require any or all of the following measures and any other measures, which is deemed necessary for the protection of the public health:
(a) The immediate exclusion of the employee from employment in lodging establishments.
(b) The immediate closure of the lodging establishment concerned until, in the opinion of the regulatory authority no further danger of disease outbreak exists. Immediate suspension initiated without a hearing shall only occur upon personal order of the director of the Wichita Falls-Wichita County Public Health District.
(c) The restriction of the employee's services to specific areas of the lodging establishment operations where there would be no danger of transmitting disease.
(d) Adequate medical and laboratory examination of the employee and other lodging establishment employees including collection of appropriate medical specimens.
(2) When the regulatory authority has reasonable cause to suspect possible contagious disease transmission by a guest of a lodging establishment, the guest room shall not be occupied again until the regulatory authority has given its approval. The lodging establishment manager shall follow the regulatory authorities' instructions with respect to required cleaning and disinfection of the guest room, bathroom, furnishings, and equipment or the temporary removal of furnishings and equipment.
(3) The regulatory authority may require the immediate closure of any lodging establishment or any portion of a lodging establishment, after proper notice has been given, if just cause to suspect the possibility of transmission of disease or other public health hazard will result from the operation of the lodging establishment or a particular portion of the lodging establishment. Immediate suspension initiated without a hearing shall only occur upon order of the director of the Wichita Falls-Wichita County Public Health District.
(1) There shall be present in lodging establishments only those poisonous or toxic chemical materials necessary for maintaining and cleaning the premises, maintaining the landscaped ground, maintaining the swimming pool/spa(s), washing linens and towels, cleaning and sanitizing equipment and utensils, and controlling insects and rodents.
(2) All containers of chemical materials shall be prominently and distinctly labeled for easy identification and use of the contents.
(3) All chemical materials shall have the appropriate material safety data sheet; (MSDS) kept on file for emergency use.
(4) Storage of materials:
(a) Poisonous or toxic materials consist of the following categories:
1. Insecticides and rodenticides.
2. Detergents, sanitizers and related cleaning or drying agents, caustics, acids, polishes and other chemicals.
3. Landscaping materials.
(b) Each of the three material categories shall be stored separately and kept in chemical cabinets, separate rooms or physically located away from each other to prevent mixing and possible contamination. All poisonous or toxic materials shall be stored in cabinets or in similar physically separated place used for no other purpose. To preclude contamination, poisonous or toxic materials shall not be stored above ice, linens, towels, utensils, or single-service articles, except that this requirement does not prohibit the convenient availability of detergents and sanitizers at utensil or dishwashing stations, or laundry compounds in the vicinity of washing machines or dryers.
(5) Use of materials.
(a) Bactericides, cleaning compounds or other chemicals intended for use on food, beverage, or ice contact surfaces shall not be used in a way that leaves a toxic residue on such surfaces or that creates a hazard to employees or other persons.
(b) Poisonous or toxic materials shall not be used in a way that contaminates ice, linens, towels, single-service articles or utensils, nor in a way that constitutes a hazard to guests, employees or other persons, nor in a way other than in full compliance with the manufacturer's labeling.
(6) Personal articles and medications shall be stored in employee lockers or away from ice, linens, towels, single-service articles or utensils that could become contaminated.
(7) First aid supplies shall be stored away from ice, linens, towels, single-service articles or utensils that could become contaminated.
(1) The regulatory authority may, without warning, notice, or hearing, suspend any permit to operate a lodging establishment if, the operation of the establishment constitutes an imminent health hazard to public health. A supervisor will confirm the hazard before suspension is effective when possible.
(2) Whenever a permit is suspended because of non-compliance or failure to maintain inspection minimum standards the holder of the permit or person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended.
(1) Opportunity for a hearing will be provided if the holder of the permit files a written request with the regulatory authority within ten days. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing as soon as possible and not to exceed 20 days of receipt of the request for a hearing. If no written request for a hearing is filed within ten days, the suspension is sustained.
(2) The regulatory authority may end the suspension at any time if reasons for the suspension no longer exist.
The regulatory authority may, after providing for a hearing, revoke a lodging establishment permit for serious or repeated violations of any of the requirements of this division or for interference with agents of the regulatory authority in the performance of their duties. Prior to revocation, the regulatory authority shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation. The permit shall be revoked at the end of ten days following service of such notice unless the holder of the permit files a written request for a hearing with the regulatory authority within such ten-day period. If no request for a hearing is filed within the ten-day period, the revocation of the permit becomes final.
(1) A notice as required in this subdivision is properly served when it is hand delivered to the general manager and a copy is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. A copy of the notice shall be filed in the records of the regulatory authority.
(2) The regulatory authority shall conduct the hearings provided for in this subdivision at a time and location designated by the director of health. The hearing shall be conducted before a panel including the assistant director of health, who shall preside over the meeting, the health district's director of nursing, and a hotelier chosen by the city manager. This panel shall conduct the hearing with evidence presented by the inspection staff and by the involved lodging property staff to determine whether to recommend to sustain, modify, or rescind any order recommended by the general environmental division. The recommendation of the panel shall be conveyed to the director of health for his/her consideration and based upon the recorded evidence of such hearing; the director of health shall make final findings and shall sustain, modify or rescind any notice or order considered in the hearing. The director of health shall furnish a written report of the hearing to the holder of the permit.
(1) A person commits a Class C misdemeanor if the person violates any part of this subdivision after being given a 72-hour notification of continual violations or allows conditions deemed an imminent health hazard. An offense under this subdivision is a misdemeanor punishable by a fine of no less than $500 and a maximum amount of $2,000 for each offense.
(2) Each day of a continuing violation is a separate offense.