Code Adoptions: Implications and Challenges
Delve into the complexities of code adoptions, exploring legal consequences, appeals processes, unintended consequences, retroactive requirements, state laws, and considerations for apartment complexes.
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Presentation Transcript
Code Adoptions: What You Don t Know Can Hurt You Derra Mattina, Attorney 13th Annual Local Government Seminar January 19 2017
What do our laws actually say? It is illegal to take more than three sips of beer at a time while standing. It is illegal to dust any public building with a feather duster in one city. It is illegal to idle or loiter anyplace within the corporate limits of one city for the purpose of flirting.
Consequences of Code Adoption Issues Unenforceable requirements Noncompliant development Slowed enforcement methods Requirements that conflict with state law Ineffective safety measures Increased legal expenses Lawsuits
Appeals Did your City delete the Appeals section of Chapter 1? Has a Board of Appeals been designated in your code adoptions? Do you have a Board of Appeals appointed? How soon could that Board meet if an appeal was filed?
Blanks and Unintended Consequences See sample ordinance in front of code books for blank spots If not filled in, the section becomes unenforceable Carefully read Chapter 1 of any code you adopt E.g., do you intend to create a Department of Fire Prevention? Appendices are now left out unless specifically adopted by ordinance
Retroactive Requirements Are you aware of requirements in new code editions that negate grandfather status? Do you have these occupancies in your jurisdiction? Balance your City s desire to encourage development with costs of imposing retroactive requirements
State Laws Sprinkler requirement for single family housing leaves a loophole because of preemption Define one or two family dwelling unit to close the loophole
Apartment Complexes Times you want to treat apartments as individual buildings Other times you want to treat the complex as a single building Make it clear in your code adoption when each situation applies
Enforcement Options Do you know ALL of your enforcement options? Do you use all of them? Do you have an internal hierarchy or policy on the order you apply enforcement options? Do your enforcement options work?
Substandard Buildings There are three places requirements for this process come from: 1. The Texas Local Government Code Chapter 54 and 214 2. The City s adopted life safety Codes (e.g., ICC Codes) 3. Other places in the City s Code of Ordinances
Substandard Buildings (Continued) Is your process clear? Is your timeline clear, incorporating all 3 places that impose deadlines? Are your forms standardized to avoid even the appearance of discrimination? Do your notice letters include all the required information? Do your internal process include evidence production and maintenance?
Substandard Buildings (Continued) View the substandard building process through several lenses: Clarity Alternatives Notice Equity
Field Code Books Are your Code Books for enforcement officials updated to include your local amendments? If you contract out your code enforcement, does the contract reference your local amendments?
Cross References Does your City Code of Ordinances include old references in Chapters besides your building, fire, etc. code adoption Chapter? Examples: References to old codes in the nuisance definitions Designation of fire or building code officials that do not match reality Unrealistic qualifications for Board members in the Board of Appeals creation Chapter
Summary WHO can do WHAT? HOW do they do it? WHEN does it have to be done? 3 places for timeline requirements WHERE is the process in the Code so the public knows also? WHY do you do what you do? Don t wait for litigation to review your code adoptions and internal processes
Questions dmattina@olsonllp.com 713-533-3800
