All vacant structures, dwellings, dwelling units, and accessory
structures which have any or all of the following defects shall be
deemed unsafe substandard structures. Determination of unsafe substandard
structures shall be governed by the 2021 International Property Maintenance
Code.
(Ordinance 85-56, sec. 1, adopted 5/14/85; Ordinance 91-53, sec. 1, adopted 6/11/91; Ordinance 98-34, sec. 1, adopted 5/12/98; Ordinance 05-019, sec. 1, adopted 2/8/05; 1978 Code, sec. 14-50; Ordinance 10-059, sec. 2, adopted 8/3/10; Ordinance 17-008, sec. 23, adopted 2/7/17; Ordinance 24-011 adopted 3/19/2024)
All unsafe substandard structures within the terms of section 24.04.001 are hereby declared to be public nuisances and shall be repaired, removed, or demolished as hereinafter provided.
(Ordinance 85-56, sec. 1, adopted 5/14/85; 1978 Code, sec. 14-51; Ordinance 10-059, sec. 3, adopted 8/3/10; Ordinance 17-008, sec. 24, adopted 2/7/17; Ordinance 24-011 adopted 3/19/2024)
The following standards shall be followed by the building official or designated enforcing officer and the city council in ordering repair or demolition of an unsafe substandard structure within the terms of section 24.04.001:
(1)
If, after inspection by the building official or designated
enforcing officer and support inspections from other concerned departments
or divisions, if necessary, a determination is made that the structure
is an unsafe substandard structure, the building official or designated
enforcing officer shall tag the structure and the owner shall be ordered
by a certified letter to contact the building official or designated
enforcing officer within fifteen (15) days from the date of said letter.
The owner shall be ordered, by letter, to enroll in an official work
program to repair the structure or demolish said structure within
thirty (30) days.
(2)
If a permit to repair or demolish said structure is not obtained from building codes and repairs or demolition are not completed within forty-five (45) days of the date of the letter provided for in subsection (1) above, the building official or designated enforcing officer shall give notice, by letter, to the owner of said structure to appear before the city council to show cause why said structure should not be demolished and at the cost of the owner. Building permits issued to repair a structure under an official work program shall have the same expiration date as the work program.
(3)
If a structure is to be repaired such that it is no longer an unsafe substandard structure under the terms of this article, said structure shall be brought into compliance with the provisions of the 2021 International Property Maintenance Code adopted by the city. Except as outlined in subsection (9), repairs to such structures shall be completed and a certificate of occupancy issued within a period not exceeding one hundred fifty (150) days from the date of initiating a work program. Upon failure to obtain substantial completion, as defined in the work program, within ninety (90) days from the date of initiating said program or failure to obtain a certificate of occupancy within the one hundred fifty (150) day period, the structure may be brought before the city council for a condemnation order without further notice to the owner. Owner who initiates a work program hereunder shall agree that unless the structure is brought into compliance with the 2021 International Property Maintenance Code it may be immediately brought before city council for condemnation order without further notice.
(4)
Any vacant structure found to be an unsafe substandard structure,
as defined herein or substandard under this article, shall be posted
as provided in this chapter to prevent occupancy. It shall be unlawful
for any person to occupy, or allow others to occupy, a structure that
has been tagged as an unsafe substandard structure in accordance with
this section. It shall be unlawful for any person to violate or fail
to comply with any provision of this code. Each such person deemed
guilty of a violation shall be punished by a fine not exceeding two
thousand dollars ($2,000.00); provided, where such fine is for an
offense for which the state law imposes a fine, the fine imposed by
the municipal court shall be the same as the fine for each such like
offense under the state law. Each day any violation of any provision
of this code continues after due notice has been served shall constitute
a separate offense.
(5)
All notices, as provided herein, shall be served by delivering
same to the owner or agent in person, or by mailing the same certified
to the residence or business address, if known, of such owner or agent,
or by posting the same in a prominent place upon such structure.
(6)
If, upon hearing, the city council finds that the structure is in violation of section 24.04.001 hereof, the city council shall order the structure to be razed or repaired at such time and under such conditions as the city council may, in its discretion, stipulate at said hearing. Such owner or his/her agent shall forthwith comply with said order of the city council. Any owner or his/her agent who fails to comply with such order within the time therein stipulated shall be deemed guilty of a misdemeanor and punished as provided in this code. If the owner obtains a permit and voluntarily demolishes his/her structure under this program, such owner shall be exempt from payment of the landfill disposal fee for the debris resulting from such demolition.
(7)
If any such structure condemned by the order of the city council,
as provided herein, is not razed or repaired within the time and under
the condition specified in such order, the city council may, at its
discretion, proceed to have the same razed and charge the actual expense
to the owner of the real estate or lot as shown on the tax roll. A
statement of expenses incurred by the city in the demolition and removal
of such structure under this section shall be mailed to the property
owner shown on the tax roll at the time of service. The statement
of expenses shall, in addition to giving the amount of such expense,
provide the date upon which such work was done, and description of
the lot or premises upon which such work was done. Payment is due
and is considered delinquent if not received by the city within thirty
(30) days. If payment is not made within ninety (90) days, the city's
authorized agent is hereby authorized to charge such costs and expenses
as a lien against the property upon which such structure was situated,
and upon all other property situated in the city belonging to the
owner of such structure.
(A)
The lien obtained by the city is security for the expenditures
made and interest shall accrue at the rate of ten (10) percent annually
on the unpaid balance due from the date of payment by the city.
(B)
The city may bring a suit for foreclosure in the name of the
city to recover the expenditures and interest due.
(C)
The statement of expenses or a certified copy of the statement
is prima facie proof of the expenses incurred by the city in doing
the work or making the improvements and of proper notices as required
by this article.
(D)
The governing body of a city may foreclose a lien on property
under this section in a proceeding relating to the property brought
under subchapter E, chapter 33, Texas Tax Code.
(8)
Judicial review of council's order shall be governed by section
214 of the Texas Local Government Code.
(9)
Structures that have been tagged as an unsafe and/or substandard
structure, which may be of historical significance, shall be provided
reasonable time for repairs and/or restoration. In order to qualify
under the historical structure requirement, the structure must meet
one (1) of the following criteria:
(A)
Existing or proposed recognition as a national historic landmark,
or state historic landmark, or entry, or proposed entry into the national
register of historic places.
(B)
Identification as the work of a designer, architect, or builder
whose work has influenced the growth or development of the city.
(C)
Embodiment of elements of architectural design, detail, materials,
or craftsmanship which represents a significant architectural innovation
or an outstanding example of a particular historical, architectural
or other cultural style or period.
(E)
The process for obtaining a historical designation will include
the submittal of an application to the planning division. An application
for an amendment to the zoning ordinance shall also be submitted with
the historical designation application. A letter to be included with
the application shall provide the necessary documentation that supports
at least one (1) of the above criteria. Additional information may
be submitted or requested by the city that may be appropriate to support
or verify the historical designation.
(F)
The property owner of a tagged structure that meets one (1)
or more of these criteria will be provided one (1) year from the date
the structure is tagged to substantially complete repairs, as currently
defined by the city, and one (1) additional year to obtain a certificate
of occupancy (CO), provided the city's historic landmark commission
approves a detailed work program outlining the work to be performed
and a timeline for completion. If either one of these time frames
is not met, the structure may be razed.
(Ordinance 85-56, sec. 1, adopted 5/14/85; Ordinance 91-53, sec. 2, adopted 6/11/91; Ordinance 92-50, sec. 1, adopted 6/30/92; Ordinance 94-15, sec. 1, adopted 3/22/94; Ordinance 98-34, sec. 2, adopted 5/12/98; Ordinance 05-019, sec. 2, adopted 2/8/05; Ordinance 05-032, sec. 1, adopted 3/22/05; 1978 Code, sec. 14-52; Ordinance 10-059, sec. 4, adopted 8/3/10; Ordinance adopting Code; Ordinance 17-008, sec. 25, adopted 2/7/17; Ordinance
24-011 adopted 3/19/2024)
Standard for repair of a residential structure shall comply
with appendix J, existing buildings and structures, of the 2021 International
Residential Code.
(Ordinance 10-059, sec. 5, adopted 8/3/10; Ordinance 17-008, sec. 26, adopted 2/7/17; Ordinance 24-011 adopted 3/19/2024)
All commercial unsafe substandard structures shall be repaired
or replaced to comply with the 2021 International Building Code and
the 2021 International Existing Building Code as required for existing
buildings.
(Ordinance 10-059, sec. 6, adopted 8/3/10; Ordinance 17-008, sec. 27, adopted 2/7/17; Ordinance 24-011 adopted 3/19/2024)
Notwithstanding all other provisions of this article, nothing
herein shall be deemed a limitation on the duty of the city to summarily
order the demolition of any vacant structure where it is apparent
that the immediate demolition of such structure is necessary for the
preservation of life and property in the city.
(Ordinance 85-56, sec. 1, adopted 5/14/85; 1978 Code, sec. 14-53; Ordinance 10-059, sec. 7, adopted 8/3/10; Ordinance
24-011 adopted 3/19/2024)
The building official or his designee, hereinafter referred
to as "enforcing officer," is charged with the duty of enforcing this
article.
(1)
Neither the enforcing officer nor any employee of the department
shall be financially interested in the furnishing of labor, material,
or appliances for the construction, alteration, or maintenance of
unsafe substandard structure or in the making of plans and specifications
for a profit unless such person is the owner of such structure.
(2)
Neither the enforcing officer nor any employee of the department
shall engage in any work which is in conflict with their duties or
the interest of the department.
(3)
The enforcing officer shall enforce this article in the following
manner:
(A)
The enforcing officer shall inspect or cause to be inspected, when necessary, all structures of any kind which are unoccupied or apparently abandoned, for the purpose of determining whether any condition exists which renders such place an unsafe substandard structure within the terms of section 24.04.001.
(B)
The enforcing officer shall inspect any structure about which
a complaint is filed by any person to the effect that a structure
is or may be existing in violation of this article.
(C)
The enforcing officer shall notify in writing, by certified mail, the owner and/or all persons having an interest, as shown by the tax rolls of the city, in any structure found by the enforcing officer to be an unsafe substandard structure within the standards set forth in section 24.04.001. Said notice shall state:
(i)
A description of the structure;
(ii)
A statement of the particulars which make the
structure an unsafe substandard structure;
(iii)
That the owner must repair or demolish said structure;
(iv)
That any person notified under this subsection
to repair or demolish any structure shall be given reasonable time,
as provided in this code, to do or have done the work required by
the notice; and
(v)
That the owner of said structure shall appear before
the city council to show cause why said structure should not be repaired,
removed, or demolished.
(D)
The enforcing officer shall also file a notice of declaration
of unsafe substandard structure in the deed records of the county.
Such notice will provide lawful notice to any proposed purchaser of
the property that the structure thereon has been declared an unsafe
substandard structure, may not be lawfully occupied, is subject to
demolition and may not be eligible for building permits necessary
to rehabilitate the structure.
(Ordinance 85-56, sec. 1, adopted 5/14/85; Ordinance 98-34, sec. 3, adopted 5/12/98; Ordinance 05-019, sec. 2, adopted 2/8/05; 1978 Code, sec. 14-54; Ordinance 10-059, sec. 8, adopted 8/3/10; Ordinance 17-008, sec. 28, adopted 2/7/17; Ordinance
24-011 adopted 3/19/2024)
The enforcement officer is to seek the assistance of the fire
department, the health department, and the police department in order
to effectively enforce the terms of this article, and said departments
are to assist the enforcing officer in any way possible in said enforcement.
(Ordinance 85-56, sec. 1, adopted 5/14/85; Ordinance 05-019, sec. 2, adopted 2/8/05; 1978
Code, sec. 14-55; Ordinance 10-059, sec. 9, adopted 8/3/10; Ordinance 24-011 adopted 3/19/2024)
No water, gas, electricity, or sewer services shall be provided
to any dwelling unit or rooming unit found to be an unsafe substandard
structure which is or becomes vacant until such dwelling unit or rooming
unit has been brought into compliance with the provisions of this
article.
(Ordinance 85-56, sec. 1, adopted 5/14/85; 1978 Code, sec. 14-56; Ordinance 10-059, sec. 10, adopted 8/3/10; Ordinance
24-011 adopted 3/19/2024)
(a)
An owner or person in control of an unoccupied structure shall
ensure that the building is in such condition that an unauthorized
person cannot enter into it through missing or unlocked doors or windows,
or through other openings into the building. The city may secure unoccupied,
unsecured structures after the owner(s) fail to do so after reasonable
notice. A lien may be filed on the structures to assure recovery of
the cost of securing.
(b)
An unsecured, unoccupied building is hereby defined to be any
structure that currently has no legitimate occupant or tenant and
which has missing or unlocked doors or windows, or other unsecured
openings into the building through which unauthorized persons can
enter. Any unoccupied, unsecured building is hereby declared to be
a danger to the public health and safety.
(c)
Whenever it is found that an unoccupied building is in such
condition that an unauthorized person can enter it through missing
or unlocked doors or windows or other openings, the city shall cause
a written notice or "notice to secure" to be given to the owner of
the property as such owner appears on the tax rolls of the city or
to the person having the control over the property. Such notice shall
be in writing and shall be given by depositing the notice in the United
States mail addressed to the owner at the owner's post office address.
If notice cannot be obtained by United States mail or the owner's
post office address is unknown, notice may be given by publishing
such notice at least twice within a ten (10) day period in a newspaper
of general circulation in the county. If notice cannot be obtained
by mail or the owner's post office address is unknown, notice may
be obtained by posting the notice on or near the front door of the
structure. The notice must contain the following information:
(1)
An identification which is not required to be a legal description
of the structure and property on which it is located;
(2)
The description of the violation of the municipal standards
that are present at the building;
(3)
A statement that the municipality may secure the building within
thirty (30) days of the date of notice; and
(4)
An explanation that the owner is entitled to request a hearing
within such thirty (30) day period concerning any matter relating
to the municipality's proposed securing of the building.
(d)
Compliance with the provisions concerning the securing of unoccupied
structures does not relieve the owner or occupant of the structure
from the requirement to comply with other provisions of the unsafe
substandard structure ordinance.
(e)
If the owner requests a hearing about the structure, the municipality
shall conduct a hearing at which the owner may testify or present
witnesses or written information about any matter relating to the
proposed securing of the structure by the city. The hearing shall
be conducted within twenty (20) days after the day the owner files
a written request for such hearing. The hearing shall be before a
hearing officer designated by the city manager for such purpose.
(f)
An owner who fails to timely comply with a notice to secure
as set out herein shall be guilty of a misdemeanor and upon conviction
shall be punished by a fine of not less than fifty dollars ($50.00)
nor more than two thousand dollars ($2,000.00). Each day's failure
to comply after the expiration of the notice period shall constitute
a separate offense.
(g)
If the owner fails to comply with a notice to secure, the city
may order the boarding up of all openings so as to prevent entry or
the reasonable securing of the structure by any other reasonable fashion
and may assess the expenses of such securing as a lien on the property
as allowed by section 214.0011(f) of the Texas Local Government Code.
(Ordinance 94-15, sec. 2, adopted 3/22/94; 1978 Code, sec. 14-58; Ordinance 10-059, sec. 12, adopted 8/3/10; Ordinance 17-008, sec. 29, adopted 2/7/17; Ordinance 24-011 adopted 3/19/2024)
The following words and terms, when used in this division, shall,
for the purpose of this division, have the following meanings:
The monies provided for rehabilitation of owner-occupied
dwelling units to be forgiven at a rate of 1/60th of the total loan
per month for a period of five (5) years.
A house, apartment, room or group of rooms occupied or intended
for occupancy as separate living quarters.
The restoration of deteriorated structures to standard housing
codes as established by law, including repair, renovation, conversion,
or remodeling of any structure with energy conservation material and/or
devices.
(Ordinance 79-4, sec. 1, adopted 1/16/79; Ordinance 79-97, sec. 1, adopted 12/18/79; Ordinance 83-132, sec. 1, adopted 10/11/83; Ordinance 92-16, sec. 1, adopted 2/11/92; 1978 Code, sec. 14-71; Ordinance 24-011 adopted 3/19/2024)
Housing services shall make deferred loans to qualified persons
for the rehabilitation of dwelling units. Deferred loans shall also
be made for investor-owned residential property.
(Ordinance 79-4, sec. 2, adopted 1/16/79; Ordinance 92-16, sec. 1, adopted 2/11/92; 1978
Code, sec. 14-73; Ordinance
24-011 adopted 3/19/2024)
There is hereby created a rehabilitation deferred loan fund,
to be funded with Department of Housing and Urban Development funds,
to make deferred loans to owners of dwelling units in project areas
who are unable to secure or qualify for funds from conventional sources
for the purpose of refinancing or rehabilitating such property to
standard housing code requirements.
(Ordinance 79-4, sec. 4, adopted 1/16/79; Ordinance 83-132, sec. 1, adopted 10/11/83; Ordinance 92-16, sec. 1, adopted 2/11/92; 1978 Code, sec. 14-74; Ordinance 24-011 adopted 3/19/2024)
Rehabilitation deferred loans shall be evidenced by a promissory
note in favor of the city and either a mechanic's and materialmen's
lien or by a properly executed real estate lien note and deed of trust
for a period of time not to exceed a period of five (5) years. Deferred
loans shall be forgiven at the rate of 1/60th of the total loan per
month for a period of five (5) years at which time the lien shall
be released. If property is sold prior to the five (5) years the owner
shall reimburse the program the remaining payments based on the sixty
(60) months' amortizations. The obligation to reimburse the loan funds
should the property be sold prior to five (5) years after the commencement
of the loan shall remain an obligation of the heirs of a deceased
deferred loan holder.
(Ordinance 79-4, sec. 10, adopted 1/16/79; Ordinance 83-132, sec. 1, adopted 10/11/83; Ordinance 92-16, sec. 1, adopted 2/11/92; 1978 Code, sec. 14-80; Ordinance 24-011 adopted 3/19/2024)
The city shall have the authority to collect delinquent loans
through any reasonable means permitted by law, including foreclosure
and sale, upon the direction of the city manager.
(Ordinance 79-4, sec. 11, adopted 1/16/79; Ordinance 92-16, sec. 1, adopted 2/11/92; 1978
Code, sec. 14-81; Ordinance
24-011 adopted 3/19/2024)
It is the policy and practice of the city to provide reasonable
accommodations to individuals with disabilities and developers of
housing for persons with disabilities, which allows for the modification
or exception to the city's codes and regulations, to ensure equal
access to housing and to facilitate the development of housing for
individuals with disabilities. A review process exists to consider
requests for reasonable accommodation in order to eliminate barriers
to housing opportunities for persons with disabilities. The policy
as adopted by Resolution 16-146 of the city is incorporated herein
by reference to be used in conjunction with the purposes of this code.
(Ordinance 17-008, sec. 30, adopted 2/7/17; Ordinance
24-011 adopted 3/19/2024)
