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O-1754-8-99ORDINANCE NO. 1754-0-99 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 4, BUILDINGS AND BUILDING REGULATIONS TO ADD ARTICLE IH ESTABLISHING A BUILDING AND STANDARDS COMMISSION AND PROCEDURES; PROVIDING FOR NOTICE AND REVIEW; AMENDING CHAPTER 6, ARTICLE IV, PROPERTY MAINTENANCE CODE, AMENDING THE DEFINITIONS; PROVIDING FOR THE VACATING, SECURING, REPAIRING, REMOVAL OR DEMOLITION OF UNSAFE BUILDINGS AND RELOCATION OF TENANTS; PROVIDING FOR NOTICE AND HEARING; PROVIDING FOR CIVIL PENALTIES, LIENS AND INJUNCTIVE RELIEF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. Chapter 4, of the Code of Ordinances of the City of Allen, Collin County, Tens, be and ' the same is hereby amended in part to add Article In, to read as follows: "ARTICLE M. BUILDING AND STANDARDS COMMISSION Sec. 4.47. Commission created. (a) There is hereby created in accordance with Chapter 54 of the Texas Local Government Code, as amended, a Building and Standards Commission ("Commission") to hear and determine cases concerning alleged violations of ordinances. The Commission shall consist of five members, each of which must be a resident of the City and should be knowledgeable and/or experienced with the building, plumbing, mechanical, electrical and fire codes adopted by the City. Members will be appointed for a term of two years and in the event of a vacancy, a replacement will be appointed for the remaining unexpired term. Each year the members of the Commission shall select a Chairperson and Vice Chairperson of the Commission and panels. (b) The City Council may remove any member of the Commission for cause on a written charge. Before a decision regarding the removal is made, the City Council most hold a public hearing on the matter if requested by the member subject to the removal action. (c) The creation of the Commission does not affect the ability of the City to proceed ' under the jurisdiction of the Municipal Court. (d) The Building and Standards Commission shall consist of the regular and alternate members of the Allen Board of Adjustment, and its alternate members, who shall independently perform the duties and functions of the Building and Standards Commission. 1 E The alternate members of the Board of Adjustment shall serve in the absence of one or more of the regular members when requested to do so by the Mayor or City Manager. Sec. 448. Scope of the Commission. (a) The Commission can only hear and determine cases concerning alleged violations of ordinances: (1) For the preservation of public safety, relating to the materials or methods used to construct a building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances or exits; (2) Relating to the fire safety of a building or improvement, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design or width of entrances or exits; (3) Relating to dangerously damaged or deteriorated buildings or improvements; (4) Relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; (5) Relating to a building code or to the condition, use, or appearance of property in the city. (b) When the Building and Standards Commission acts as the board of appeals under the building, plumbing, mechanical, electrical, housing, dangerous building, and fire codes as adopted and/or amended by the City, it shall be in accordance with such code unless such appeal concerns an alleged violation as set forth above and when such provisions are contrary to Subchapter (C) Chapter 54 of the Texas Local Government Code, as amended, in which event the procedures set forth herein under Chapter 54 of the Texas Local Government Code shall control. See. 4.49. Powers and duties of the Commission. (a) The Commission shall have the following powers and duties: (1) Perform the functions and powers specified in Subchapter (C) of Chapter 54 of the Texas Local Government Code, as amended; (2) Declare a building substandard in accordance with the powers granted by this code and Subchapter (C), of Chapter 54 of the Texas Local Government Code, as amended; (3) Determine the amount and duration of civil penalty the City may recover as provided by Section 54.017 of the Texas Local Government Code, as amended; ORDINANCE NO. 1754-8-99 Page (4) Order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure the removal if it is determined that conditions exist on the property that ' constitute a violation of an ordinance. The removal may be accomplished by use of City forces or a private transfer company if the owner of the personal property is not known, or the whereabouts of the owner cannot be ascertained, or the owner fails to remove the personal property. The Commission may cause any personal property removed to be stored in the cue and custody of a bonded warehouse facility. The cost of removal and storage are the responsibility of the owner of the personal property; and order action to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist; (5) Issue orders or directives to any peace officer of the state, including a sheriff, constable or the chief of police of the City to enforce and carry out lawful orders or directives of the Commission panel; (6) Require the reduction of occupancy load, or the number of tenants or occupants of an overcrowded structure or vacation of a structure that is reasonably dangerous to the health, safety, or welfare of the tenants or occupants; (7) Order the removal or demolition of a structure found to he in violation of an ordinance; or as an alternative to demolition, order repair of the structure by the owner, lienholder or mortgagee and grant a reasonable period of time, in which the owner, lienholder or mortgagee is to comply ' with the determination or order; (8) Require a vacant structure or vacant portion of a structure constituting a dangerous condition or nuisance be securely closed and made safe; (9) Require or cause the correction of a dangerous condition on land. Correction of a dangerous condition may be accomplished by City forces or private contract. Costs of correction are the responsibility of the owner; (10) Uphold the determination and order of the appropriate enforcement authority of the City; (11) Find that a structure or building is not substandard and/or an unsafe building and refer the matter to the appropriate enforcement authority of the City for further appropriate action; (12) Adopt rules not inconsistent with the ordinances of the City adopted pursuant to Subchapter (C) of Chapter 54 of the Texas Local Government Code, as amended; (13) Serve as the board of appeals to hear and decide appeals of orders, decisions and determinations made by the building official, fire marshal, or ' the fire chief, as the case may be, relative to the application and interpretation of the building, plumbing, mechanical, electrical, housing, dangerous buildings, swimming pool and fire codes adopted by the City. ORDINANCE NO. 1754-8-99 Page (g) If no appeals are taken from the decision of the Commission panel within the required period, the decision is in all things, final and binding. Sec. 451. Notice of proceedings before the Commission. (a) Notice of all proceedings before the Commission panels must be given: ORDINANCE NO. 1.754-11-99 Page (b) Notwithstanding the above, the Commission shall have no authority to interpret the administrative organization and enforcement provisions to, nor shall it be empowered to ' waive any requirements of the building, plumbing, mechanical, electrical, housing, dangerous building, swimming pool, life safety, health, or fire codes, as adopted and/or amended by the City. Sec. 450. Proceedings of the Commission. (a) All cases to be heard by the Commission may be heard by any panel of the Commission but at least four (4) members of a Commission panel most be present to hear a case and the concurring votes of four (4) members of the Commission panel is necessary to take any action under this ordinance. (b) A majority of the members of the Commission shall adopt rules for the entire Commission in accordance with any ordinances adopted by the City pursuant to Subchapter (C) of Chapter 54 of the Texas Local Government Code, as amended. (c) Each Commission panel shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. Each Commission panel shall keep records of its examinations and other official actions. The records and minutes shall be filed immediately in the office of the Commission as public records. (d) Each Commission panel shall be held at the call of the Chairperson, or in his absence the Vice Chairperson of each panel, or at other times as determined by the ' Commission. Each Chairperson, or in his absence, the Vice Chairperson of a panel may administer oaths and compel the attendance of witnesses. All meetings of the Commission and its panel shall be opened to the public. (e) Any Commission member having any personal or financial interest in a case or hearing before the Commission shall, upon filing a declaration of such fact with the Secretary of the Commission, be automatically excused from the meeting in which the interests are involved. It shall be considered misconduct and cause for removal from the Commission for any member to participate in any case or hearing which he or she has a personal or financial interest. (f) The building official or his designated representative shall present all cases before the Commission panels and shall act as the Secretary to the Commission, but shall not be a member. The secretary shall keep a record of the cases, activities, and actions of the Commission panels and its determinations, give notice of the date and time of hearings, and perform such other duties as are consistent with or may be necessary for the enforcement of this article. (g) If no appeals are taken from the decision of the Commission panel within the required period, the decision is in all things, final and binding. Sec. 451. Notice of proceedings before the Commission. (a) Notice of all proceedings before the Commission panels must be given: ORDINANCE NO. 1.754-11-99 Page (a) Once a decision is made by a Commission panel, the person affected by it may appeal the decision to the State District Court by filing a petition with the District Court, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality, within thirty (30) calendar days after the date a copy of the final decision of the Commission panel is mailed by first class mail, certified return receipt requested, to all persons whom notice is required to be sent. The Commission panel shall mail that copy promptly after the decision becomes final. In addition, an abbreviated copy of the decision shall be published one (1) time in a newspaper of general circulation in the City within ten (10) calendar days after the date of the mailing of the copy, as provided herein, including the street address or legal description of the property, the date of the hearing, a brief statement indicating the results of the order, and instructions stating where ORDINANCE NO. 1754-8-99 Pages (l) By certified mail, return receipt requested, to the record owners of the affected property, sent to the last known address, and each holder of a recorded lien against the affected property, as shown by the records in the ' office of the county clerk of the county in which the affected property is located, if the address of the lienholder can be ascertained from the deed of trust establishing the lien and/or other applicable instruments on file in the office of the county clerk; and (2) To all unknown owners, by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the from door as practicable. (b) The notice shall be mailed and posted on or before the tenth (10th) day before the date of the hearing before the Commission panel. In addition, the notice must be published in a newspaper of general circulation in the City on one occasion on or before the tenth (10th) day before the date fixed for the hearing; (c) Notice of the proceeding shall contain the following: (1) The street address and legal descriptions sufficient for identification of the premises upon which the building or structure is located; (2) A description of the alleged violation present at the building or structure which renders it dangerous and substandard; (3) The date, time and place of the hearing before the Commission panel; and (4) A statement that the City will seek the repair, removal, closure or demolition of the building or structure or seek the vacation or relocation of the tenants or occupants of the building or structure. (d) If the notice sent to the last known address of the person being notified is returned undelivered, the building official may serve the notice personally if the whereabouts of said person is known. If the notice sent to an owner is returned undelivered, and after diligent search, the building official is unable to discover a correct address for the owner, or is unable to serve the owner personally, then the building official shall serve the notice by publication in the official newspaper of the City at least five (5) days before the hearing. Sec. 452. Judicial review. (a) Once a decision is made by a Commission panel, the person affected by it may appeal the decision to the State District Court by filing a petition with the District Court, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality, within thirty (30) calendar days after the date a copy of the final decision of the Commission panel is mailed by first class mail, certified return receipt requested, to all persons whom notice is required to be sent. The Commission panel shall mail that copy promptly after the decision becomes final. In addition, an abbreviated copy of the decision shall be published one (1) time in a newspaper of general circulation in the City within ten (10) calendar days after the date of the mailing of the copy, as provided herein, including the street address or legal description of the property, the date of the hearing, a brief statement indicating the results of the order, and instructions stating where ORDINANCE NO. 1754-8-99 Pages a complete copy of the order may be obtained, and a copy shall be filed in the office of the City secretary. ' (b) On presentation of the petition, the District Court may allow a writ of certiorari, pursuant to Subchapter (C), Chapter 54 of the Texas Local Government Code, as amended, directed to the Commission panel to review the decision of the Commission panel and shall prescribe in the writ the time, which may not be less than ten (10) days, within which a return of the writ must be made and served on the relator or the relator's attorney. (c) The Commission panel may not be required to return the original papers acted on by it. It shall be sufficient for the Commission panel to return certified or sworn copies of the papers or parts of the papers, as may be called for by the writ. (d) The return on the writ must concisely set forth other facts as may be pertinent and material to show the grounds for the decision appealed from and shall be verified. (e) The allowance of the writ does not stay proceedings on the decision appealed from. (f) The District Court's review shall be limited to a hearing under the substantial evidence rule. The court may reverse or affirm, in whole or in part, or may modify the decision brought up for review. (g) Costs shall not be imposed against the Commission. (h) If the decision of the Commission panel is affirmed or not substantially reversed but only modified, the District Court shall grant to the City all attorney's fees and other costs and expenses incurred by it and shall enter a judgment for those items, which may be entered against the property owners, as well as persons found to be in occupation of the property subject to the proceedings before the Commission panel. Sec. 453. Failure to comply with the order of the Commission. (a) A person commits an offense if he fails to comply with the Commission panel order. (b) It is the defense to prosecution under subsection (a) of this section that the Commission panel order has been appealed to the State District Court." SECTION 2. The Code of Ordinances of the City of Allen, Collin County, Texas, be and is hereby amended by amending Chapter 6, Article IV, Property Maintenance Code, in part to read as follows: "ARTICLE IV. PROPERTY MAINTENANCE CODE Sec. 6-82. Definitions. ORDINANCE NO. 1754-8-99 Page 6 Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls of fifty (50) percent of its perimeter. Building Oficial. The building official of the City of Allen or designee. Commission. The Buildings and Standards Commission of the City of Allen. Nuisance. (1) Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of the building or upon an occupied premise, including but not limited to, any abandoned wells, shafts, basements, excavations, discarded refrigerators, unsecured vacant building, motor vehicles, unprotected swimming pools, or any structurally unsound fences or structures, or any gasoline, chemicals, lumber, trash, debris or vegetation which may prove a hazard for inquisitive children. (13) Any public nuisance known at common law or in equity jurisdiction or as defined by Codes or City ordinances. (14) Overcrowding a room with tenants. Unsafe building. A building which is dilapidated, substandard, structurally unsound or dangerous and unfit for human habitation and is a hazard to the public health, safety and welfare or is unoccupied by its owners, lessees, 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. Sec. 6-88. Unsafe building; repair, demolition and receivership; notice and hearing; Bens; and civil penalties. (a) If the building official finds that a building is unsafe and most be vacated, secured, repaired, removed or demolished or the tenants relocated, the building official shall give notice to an owner, lienholder or mortgagee of the building that a hearing will be held to determine whether the building is an unsafe building. The notice must include a statement that the owner, lienholder, 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 ordinance and the time it will take to reasonable perform the work. The notice shall be served by certified mail, return receipt requested and sent to the last known address of the persons described above. If the certified mail is returned undelivered, the building official may serve the notice ORDINANCE NO. 1754-8-99 Pagel personally if the person is located in Collin County and his address is (mown. If the notice sent to an owner is returned undelivered, and after diligent search, the building official is unable to discover a correct address for the owner or is unable to serve the owner personally, then the building official shall give notice by publication of the order once in a newspaper of general circulation in the City at least five(5) days before the hearing. (b) A hearing to determine whether a building is unsafe shall be held before the Commission and is open to the public. At the hearing, the building official shall present testimony and evidence of the condition of the building and the owner, lessor, tenant, mortgagee or lienholder may present testimony and evidence. (c) The Commission, after the public hearing, may: (1) Find that the building is not an unsafe building and refer the matter to building official for further appropriate action; (2) Grant a variance in order to avoid the imposition of an unreasonable hardship; (3) In the case of a single family dwelling occupied by the owner where the health, safety and welfare of other persons will not be affected, grant an exception to any provision of this article to avoid the imposition of an unreasonable hardship; or (4) Find the building is an unsafe building and order: ' (a) Demolition of the building; (b) Repair or correction of the building within a specified period of time; (c) Repair or correction of the building within a specified period of time and demolition of the building if the repair or correction is not timely effected; (d) Repair or correction of the building by the owner, mortgagee or lienholder within a specified period of time and repair or correction by the City if not timely effected by the owner, mortgagee or lienholder; (e) Repair, correction or demolition of the building within a specified period of time and the assessment of a civil penalty against the owner for each day or part of a day that the owner fails to repair, correct or demolish the building; (f) An action be brought in district court in accordance with the Texas Local Government Code § 214.03, as amended, for the appointed of a receiver of the property; ' (g) Vacation of the building within a specific period of time; (h) Securing the building within a specific period of time; or ORDINANCE NO. 1754-8-99 Page (i) Relocation of the tenants of the building within a specific period of time. (d) If a building is not vacated, secured, repaired, removed, or demolished or the tenants are not relocated within the specified period of time set forth in the Commission's order, the City may: (1) Vacate, secure, repair, remove or demolish the building at its own expense; or (2) Assess a civil penalty against the property owner for failure to repair, remove or demolish the building. (e) The City may repair a building only to the extent necessary to bring the building into compliance with the minimum standards and only if the building is a residential building with ten (10) or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds minimum housing standards. (f) If the City incurs expenses to vacate, secure, repair, remove or demolish a building or assesses a civil penalty, the City has a lien against the land in which the building stands or sits, unless its a homestead as protected by the Texas Constitution, to secure the payment of said expenses or a civil penalty. The City's lien to secure the payment of a civil penalty or the cost to vacate, secure, remove, repair or demolish the building or relocate the tenants arises and attaches to the property at the time the notice of the lien is recorded and ' indexed in the office of the county clerk in the county in which property is located. The notice most be filed promptly after the imposition of the lien and contain the name and address of the owner, if reasonable determinable, legal description of the real property on which the building was located, the amount of the expenses incurred by the City, and the balance due. The City's lien is a privilege lien subordinate only to tax liens if each mortgagee and lienholder of the building was given notice and an opportunity to repair or demolish the building; otherwise, the City's lien is inferior to any previously recorded bona fide mortgage lien attached to the real property to which the City's lien attaches if the mortgage lien was filed for record in the office of the county clerk of the county in which the real property is located before the date the civil penalty is assessed or the repair, removal or demolition is begun by the City. The City's lien is superior to all other previously recorded judgment liens. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the City for the expenses. (g) A civil penalty or assessment imposed by the City to recover its expense for the repair of a building accrues interest at the rate of ten (10%) percent a year from the date of the assessment until paid in full and the City's right to the assessment lien may not he transferred to third parties. (h) The lien imposed by the City for repair expenses may not be foreclosed if the property on which the repairs are made is occupied as a residential homestead by a person sixty-five (65) years of age or older. ' (i) The City may assess and recover a civil penalty not to exceed a thousand dollars ($1,000) a day for each violation or, if the owner shows that the property is the owner's ORDINANCE NO. 1754-8-99 Page lawful homestead, in an amount not to exceed ten dollars (S10) a day for each violation, if the City proves: (1) The property owner was notified of the requirements of the ordinance and the owner's need to comply with the requirements; and (2) After notification, the property owner committed an act in violation of the ordinance or failed to comply with the Commission's order. Q) The assessment of a civil penalty is final and binding and constitutes prima-facie evidence of the penalty in any suit brought by a City in a court of competent jurisdiction for a final judgment in accordance with the assessed penalty. To enforce a civil penalty the clerk or secretary of the City must file with the district clerk of the county in which the City is located a certified copy of the Commissioner's order stating the amount and duration of the penalty. No other proof is required for district court to enter a final judgment on the penalty. (k) The building official shall, after the hearing, promptly mail by certified mail, return receipt requested, a copy of the order of the Commission to the owner of the building and to any lienholder or mortgagee of the building and shall file a copy of the order of the Commission in the deed records of the county where the property is located. Within ten (10) days after the date the order is issued, the building official shall: (1) File a copy of the order in the office of the City secretary or clerk; and (2) Publish in a newspaper of general circulation in the City in which the building is located a notice containing: (a) The street address or legal description of the property; (b) The date of the hearing; (c) A brief statement indicating the results of the order; and (d) Instructions stating where a complete copy of the order may be obtained. (1) When an order of the Commission has been filed in the county deed records, the execution of the order is not affected by a sale or other transfer of the premises. A person acquiring interest in the property after an order has been so filed is subject to the requirements of the order. Sec. 6-89. Vacating a building. (a) When the building official has given notice of a hearing to consider vacation of building, the building official shall place a sign on the building. The sign shall serve as a warning of the unsafe, unsanitary, and dangerous condition of the building. A person commits an offense if he does any of the following: (1) Without authority from the building official moves or destroys a sign placed by the building official; ORDINANCE NO. 1754-8-99 Page 10 (2) Occupies a vacant building on which the building official has placed such sign; or (3) As the owner of a building authorizes a person to occupy a vacant building on which the building official has placed such sign. (b) Bach occupant of a building that has been ordered vacated shall vacate the building within a specified time determined by the Commission. No person shall occupy a building that has been ordered vacated. (c) The owner shall provide alternative housing to all tenants of a building which has been ordered vacated. Sec. 690. Securing a building. (a) The City tray secure a building that the building official determines (1) Violates the minimum standards set forth in this article; and (2) Is unoccupied or is occupied by persons who do not have a right of possession to the building. (b) Before securing a building under subsection (a), the City shall post a notice on or near the front door of the building stating that if the owner does not secure the building within forty-eight (48) hours, the City will secure the building at the owner's expense. (c) Before the eleventh (11th) day after the date the building is secured, the City shall give notice to the owner by: (1) Personally serving the owner with written notice; (2) Depositing the notice in the United States mail by certified mail, return receipt requested addressed to the owner at the owner's last (mown address; (3) Publishing the notice at least twice (2) within a ten (10) day period in a newspaper of general circulation in the county in which the building is located if personal service cannot be obtained and the owner's address is unknown; or (4) Posting the notice on or near the front door of the building if personal service cannot be obtained and the owner's address is unknown. (d) The notice issued under subsection (c) must contain: (1) An identification, which is not required to he a legal description, of the building and the property on which it is located; (2) A description of the violation of the City's minimum standards that is present at the building; ORDINANCE NO. 1754-8-99 Page 11 (3) A statement the City that will secure or has secured the building; and (4) An explanation of the owner's entitlement to request a hearing regarding the City's decision to secure the building. (e) A hearing shall be held before the Commission if, within thirty (30) days after the date the City secures the building, the owner files with the building official a written request for the hearing. The hearing shall be held within twenty (20) days after the date the request is filed and is open to the public. At the hearing, the building official shall present evidence of the need to secure the building and the owner may testify or present witnesses or written information about any matter relating to the City's decision to secure the building. (f) The Commission shall uphold the City's action in securing a building if it finds the building or a portion of the building to be open and potentially dangerous to the health, safety, or welfare of the public. A building is open if a door, window, or other opening is not securely closed to prevent unauthorized entry, and the building is left unattended. Sec. 6-91. Penalty. Any person violating any of the provisions of this article or failing to comply with the order of the Commission shall be deemed guilty of a misdemeanor and upon conviction in the municipal court shall be subject to a fine not to exceed to two thousand dollars ($2,000) for each offense, and each day such violation continues, it shall constitute a separate offense. Sec. 6-92. Injunctive relief. In addition to an accumulative of all penalties, the City shall have the right to seek injunctive relief for any and all violations of this article." SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed; provided, however that all other provisions of said ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. Any person, firm or corporation that fails to comply with the order issued by the Building and Standards Commission shall be subject to penalty and upon conviction shall be punished by a fine not to exceed two thousand dollars ($2,000). SECTION 6. This ordinance shall take effect immediately from and after its passage and publication in accordance with its provisions of the Charter of the City of Allen, and its is accordingly so ordained. ORDINANCE NO. 1754-8-99 Page 12 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THE 19TH DAY OF AUGUST '1999. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CM ATTORNEY day Mori6n, CMC, CITY ORDINANCENO. 1754-8-99 Page 13