This article is enacted to promote the health, safety, and welfare
of the citizens of this city by requiring the demolition or repair
of buildings which are dilapidated, substandard, or which are unfit
for human habitation.
(1991 Code, sec. 3.601)
For the purpose of this article, certain words, phrases, and
terms shall be construed as follows, in addition to any definition
as set out in the Uniform Building Code, duly adopted by the city
by its Code of Ordinances:
Any structure built for the support, shelter, or enclosure
of persons, animals, chattels, or property of any kind which has enclosing
walls for fifty (50) percent of its perimeter. The term “building”
shall be construed as if followed by the words “or part thereof”
(for the purpose of this article each portion of a building separated
from other portions by a firewall shall be considered a separate building).
The officer charged with the administration and enforcement
of this article.
All vacant structures, buildings, dwellings, dwelling units,
and accessory structures which have any or all of the following defects
shall be deemed dangerous structures:
All vacant buildings or structures whose walls or other vertical
structural members list, lean or buckle in excess of three-fourths
(3/4) inch of horizontal measurement for each foot of vertical measurement.
All vacant buildings or structures which show thirty-three (33)
percent or more damage or deterioration of the supporting members,
or fifty (50) percent or more damage or deterioration of the nonsupporting
or outside walls or coverings.
All vacant buildings or structures which have parts thereof
which are so attached that they may fall or injure members of the
public or property.
All vacant buildings or structures which, by reason of dilapidated
or deteriorated conditions, have unsafe or defective electrical wiring
devices or equipment, unsafe or defective gas piping, or appliances
which are liable to cause or promote fires.
All vacant buildings or structures which have been damaged by
fire, explosion, wind, vandalism or elements of nature so as to have
become dangerous to the life, safety or the general health and welfare
of the occupants thereof or inhabitants of the city.
Those vacant structures which have become so dilapidated, decayed,
unsafe, unsanitary or which utterly fail to provide amenities essential
to decent living such that they are unfit for human habitation or
likely to cause sickness or disease so as to work injury to the health,
safety or general welfare of those living thereabout.
Those buildings and structures existing in violation of any
provision of the building code of the city or any provision of the
city fire code or other ordinances of the city, to such an extent
that they are dangerous to the health, safety, and welfare of the
citizens of the city.
Any building, shed, fence or other manmade structure, which
because of its condition or because of lack of doors or windows is
available to and frequented by malefactors or disorderly persons who
are not lawful occupants of such structures.
A building which, by reason of neglect or misuse, has been
allowed to deteriorate into a condition of decay or partial ruin.
The record title holder of the building, his duly authorized
agent or attorney, a purchaser, devisee, fiduciary, and a person having
a vested or contingent interest in the property in question.
A natural person, his heirs, executors, administrators, or
assigns, and also includes a firm, partnership, or corporation, its
or their successors or assigns, or the agent of any of the aforesaid.
A building which, by reason of faulty construction, age,
or lack of repair, fails to meet the minimum construction standards
imposed by applicable provisions of the building code heretofore duly
adopted by the city by its Code of Ordinances.
(1991 Code, sec. 3.602)
(a)
The
building official or person so designated, hereinafter referred to
as “enforcing officer,” is charged with the duty of enforcing
this article.
(b)
Neither
the enforcing officer nor any employee of his division nor any member
of the building standards, plumbing, adjustments and appeals board
shall be financially interested in the furnishing of labor, material
or appliances for the construction, alteration or maintenance of a
building or in the making of plans and specifications therefor for
a profit unless such person is the owner of such structure.
(c)
Neither
the enforcing officer nor any employee of his division nor any member
of the building standards, plumbing, adjustments and appeals board
shall engage in any work which is in conflict with their duties or
the interest of the city.
(d)
The
enforcing officer shall enforce this article in the following manner:
(1)
The enforcing officer shall inspect or cause to be inspected, when necessary, all buildings or structures of any kind which are unoccupied or apparently abandoned, for the purpose of determining whether any condition exists which renders such place a “dangerous structure” within the terms of section 3.08.002.
(2)
The enforcing officer shall inspect any building or structure about
which complaints are filed by any person to the effect that a building,
wall or structure is or may be existing in violation of this article.
(1991 Code, sec. 3.603)
It shall be unlawful for any person to maintain or permit the
existence of a dilapidated or substandard building which constitutes
a hazard to the health, safety, and welfare of the citizens; and it
shall be unlawful for the owner, occupant, or person in custody of
any such building to permit the same to remain in such condition,
or to occupy such building or permit it to be occupied while it is
or remains in such condition.
(1991 Code, sec. 3.604)
The following procedures shall be followed in substance by the enforcing officer and the building standards, plumbing, adjustments and appeals board in ordering repair, removal or demolition of a “dangerous building” within the terms of section 3.08.002:
(1)
The
chief enforcement officer shall be followed in substance by the enforcing
officer in the city to determine whether the building is dangerous
as hereinabove set out.
(2)
If, upon inspection, the building officer determines the building to be dangerous, as set out in section 3.08.002, written notice shall be served on all persons having an interest in the property by certified mail. Such notice shall be in the following form:
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“To__________ (owner/occupant of premises) of the premises
known and described as __________. You are hereby notified that __________
(describe building) on the premises above mentioned has been found
to be a dangerous building after inspection by __________. The reasons
for this decision are__________ (here insert the facts as to the dangerous
condition).”
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“A hearing will be held by the Building Standards, Plumbing,
Adjustments and Appeals Board on __________, 20___, in which the City
of Granbury will request that the building be repaired and/or vacated,
and/or demolished. The hearing will take place at_________ (location).”
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(3)
Written
notice shall be served on each mortgagee and lienholder to give them
a notice of and an opportunity to comment at the hearing before the
building standards, plumbing, adjustments and appeals board. Such
notice shall contain:
(A)
An identification, which is not required to be a legal description,
of the building and the property on which it is located;
(B)
A description of the violation of municipal standards that is present
at the building; and
(C)
A statement that the municipality will vacate, secure, remove, or
demolish the building or relocate the occupants of the building if
the ordered action is not taken within a reasonable time.
(4)
All
hearings shall be held before the building standards, plumbing, adjustments
and appeals board of the city.
(5)
If,
upon hearing, any vacant building is found to be a “dangerous
building” as defined herein, the building shall be posted as
provided to prevent occupancy. The notice shall read as follows:
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“NOTICE
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OCCUPANCY OF THIS STRUCTURE IS PROHIBITED. THIS STRUCTURE HAS
BEEN DETERMINED TO BE UNSAFE.
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NO PERSON MAY OCCUPY THIS STRUCTURE UNTIL SUCH TIME AS THE ORDER
PROHIBITING THE USE HEREOF HAS BEEN RESCINDED. THE ORDER SHALL NOT
BE RESCINDED UNTIL THE HAZARD(S) TO WHICH THE ORDER PERTAINS HAS BEEN
ELIMINATED AND THE OCCUPANCY HAS BEEN APPROVED BY THE CITY OF GRANBURY.
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OCCUPANCY OF THIS BUILDING OR REMOVAL, DEFACING OR DESTROYING
OF THIS NOTICE IS PROHIBITED BY LAW AND PUNISHABLE BY FINE NOT TO
EXCEED $2,000.00
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CITY OF GRANBURY BUILDING OFFICIAL”
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(6)
If, upon hearing, the building standards, plumbing, adjustments and appeals board finds that the building or structure is a dangerous building as defined in section 3.08.002, the board shall order the structure to be razed, removed or repaired. The persons having an interest in the property shall be given a reasonable time to repair the building, not to exceed thirty days unless, in the judgment of the board, it is determined that more time is necessary.
(7)
Upon
hearing, the building standards, plumbing, adjustments and appeals
board may provide for an additional, reasonable time for the ordered
action to be taken by any of the mortgagees or lienholders having
an interest in the property in the event owner fails to comply with
the order of the board within the time provided for action. No further
notice to mortgagees or lienholders shall be furnished by the city
other than the final order of the board in the event the owner does
not comply.
(8)
If
any such structure condemned by order of the board, as provided herein,
is not razed, removed or repaired within the time and under the conditions
specified in such order, then the board may, at its discretion, proceed
to have the same razed and charge the actual expense thereof to the
owner, and such cost and expense shall be charged as a special tax
or lien upon the property upon which such structure is situated.
(1991 Code, sec. 3.605)
All notices, as provided herein, shall be served by delivering
same to the owner and occupant 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 building or structure.
All notices provided for herein shall be deemed sufficient if sent
by United States mail, return receipt requested, to the last known
address of the occupant, owner or persons having an interest in a
structure as required above and if a copy of such notice is posted
in a conspicuous place on the substandard building, dwelling unit,
roominghouse or rooming unit to which it relates.
(1991 Code, sec. 3.606)
(a)
After
any order of the building standards, plumbing, adjustments and appeals
board made pursuant to this article 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 any such order
is guilty of a misdemeanor.
(b)
If,
after any order of the building standards, plumbing, adjustments and
appeals board made pursuant to this article has become final, the
person to whom such order is directed shall fail, neglect or refuse
to obey such order, the enforcing officer may:
(c)
In
addition to any other remedy herein provided, if the order of the
building standards, plumbing, adjustments and appeals board was for
demolition and the person to whom it was directed should fail, neglect
or refuse to obey such order, the enforcing officer may cause the
building to be demolished and the lot cleaned in accordance with applicable
provisions of this article.
(1991 Code, sec. 3.607)
(a)
When any demolition or other work is to be done pursuant to section 3.08.007(c) hereof, the enforcing officer shall cause the work to be accomplished by city personnel or by a private contractor under his or her direction.
(1991 Code, sec. 3.608)
(a)
The enforcing officer shall keep an itemized account of the expense incurred by the city for demolition or removal of any structure and the cleaning of the lot where the structure was located, pursuant to the provisions of section 3.08.007(c) hereof. Upon completion of this abatement, the enforcing officer shall prepare a statement specifying the work done, the itemized and 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 under section 3.08.005 hereof.
(b)
Upon
completion of this statement, it shall be sent to the mayor for his
or her signature thereon, whereupon it shall then be recorded with
the county clerk as an assessment against and a lien upon the property.
(c)
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 thereof. The lien shall be
subordinate only to tax liens and liens to secure the cost of street
improvements after they have been so made.
(d)
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.
(e)
For
any such expenditures and interest, as aforesaid, suit may be instituted
and foreclosure had in the name of the city; and the statement so
made, as aforesaid, or a certified copy thereof, shall be prima facie
proof of the amount expended in any such work.
(f)
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 into and credited to the general fund of the city.
(1991 Code, sec. 3.609)
No officer, agent or employee of the city shall render himself
or herself personally liable for any damage that may accrue to persons
or property as a result of any act required or permitted in the discharge
of his or her duties under this article. Any suit brought against
any officer, agent or employee of the city as a result of any act
required or permitted in the discharge of his or her duties under
this article shall be defended by the city attorney until the final
determination of the proceedings therein.
(1991 Code, sec. 3.610)
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 building or structure where it
is apparent that the immediate demolition of such building or structure
is necessary for the preservation of life and property in the city.
(1991 Code, sec. 3.611)
