(a)
Title.
These regulations shall be known as the city
substandard building code, and may be cited as such and will be referred
to herein as “this code.” This code is being adopted pursuant
to the authority granted by chapter 54 and chapter 214 of the Texas
Local Government Code, as it may be amended.
(b)
Purpose.
The purpose of this code is:
(1)
To protect the health, safety, and welfare of the citizens of the
city by establishing minimum standards applicable to residential and
specific nonresidential structures. Minimum standards are established
with respect to utilities, facilities, and other physical components
essential to make structures safe, sanitary, and fit for human use
and habitation. Demolition of structures is provided for as a last
resort when compliance with standards cannot reasonably be achieved.
(2)
To create and establish a building and standards commission which
shall have jurisdiction and authority to administer and enforce this
code.
(3)
This code is found to be remedial and essential to the public interest,
and it is intended that this code be liberally construed to effect
its purpose.
(c)
Scope.
The provisions of this code shall apply to all
buildings and structures or portions thereof intended or used for
human habitation and occupation, unless otherwise specified, which
exist on the effective date of this code or constructed thereafter.
(d)
Application to existing buildings and structures.
(1)
Additions, alterations, or repairs.
Additions, alterations
or repairs required by this code will be done in accordance with,
and meet, the requirements of the current building, plumbing, mechanical,
or electrical code, as amended, whichever is applicable, unless a
variance is granted as provided herein.
(2)
Relocation.
Buildings or structures moved into, or existing
within, the city shall comply with the requirements of the current
building, plumbing, mechanical or electrical code for new buildings
and structures, as amended, whichever is applicable, unless a variance
is granted as provided herein.
(e)
Application of zoning ordinance.
Nothing in this code
shall be construed to cancel, modify, or set aside any provision of
the city’s comprehensive zoning ordinance of the city’s
Code of Ordinances, as amended.
(Ordinance O-10-10 adopted 6/21/10)
(a)
Adoption.
The International Property Maintenance Code, 2015 edition with amendments, including appendix A “boarding standard,” a copy of which is on file in the office of the city secretary, is hereby adopted and designated as the property maintenance code of the city, the same as though such code were copied in full herein.
(b)
Amendments to the International Property Maintenance Code, 2015 edition.
The following sections of the International Property Maintenance
Code, 2015 edition, are hereby amended to read as follows:
(1)
Section 101.1; change to read as follows:
101.1 Title. These regulations shall
be known as the International Property Maintenance Code of the City
of Glenn Heights, Texas.
(2)
Section 101.3; change to read as follows:
101.3 Intent. This code shall be constructed
to secure its expressed intent, which is to ensure public health,
safety and welfare insofar as they are affected by the continued occupancy
and maintenance of structures and premises. Existing structures and
premises that do not comply with these provisions shall be altered
or repaired to provide a minimum level of health and safety as required
within. Repairs, alterations, additions to and change of occupancy
in existing buildings shall comply with the building codes as adopted
by the city.
(3)
Section 103.4; delete the section.
(4)
Section 103.5; change to read as follows:
103.5 Fees. The fees for activities and
services performed by the department in carrying out its responsibilities
under this code shall be as indicated in the city’s master fee
schedule.
(5)
Section 104.1; change to read as follows:
104.1 General. The building official,
code official or the city manager’s designee(s) shall enforce
the provisions of this code.
(6)
Section 106.2; delete the section.
(7)
Section 106.3; delete the section.
(8)
Section 106.4; delete the section.
(9)
Section 106.5; delete the section.
(10)
Section 107.1; change to read as follows:
107.1 Notice to person responsible. Whenever
the code official determines that there has been a violation of this
code or has grounds to believe that a violation has occurred, notice
shall be given in the manner prescribed in sections 107.2 and 107.3
to the person responsible for the violation as specified in this code
as a matter of due process. Notices for condemnation procedures shall
also comply with section 108.3.
(11)
Section 107.5; delete the section.
(12)
Section 110.1; change to read as follows:
110.1 General. The code official or buildings
standards commission shall order the owner of any structure, which
in their judgment is so old, dilapidated or has become so out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
habitation or occupancy, and such that it is unreasonable to repair
the structure, to demolish and remove such structure; or if such structure
is capable of being made safe by repairs, to repair and make safe
and sanitary or to demolish and remove at the owner’s option;
or where there has been a cessation of normal construction of any
structure for a period of more than two years, to demolish and remove
such structure.
(13)
Section 111.1; change to read as follows:
111.1 Application for appeal. Any person
directly affected by a decision of the code official or a notice under
this code shall have the right to appeal to the building standards
commission, provided that a written application for appeal is filed
within 20 days after the day the decision, notice or order was served.
An application for appeal shall be based on a claim that the intent
of this code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or the
requirements of this code are adequately satisfied by other means.
A person’s exercise of an appeal does not preclude or abate
criminal enforcement for a violation of this code.
(14)
Section 111.2 through section 111.8; delete these sections.
(15)
Section 112.4; change to read as follows:
112.4 Failure to comply. Any person who
shall continue any work after having been served with a stop-work
order, except such work as that person is directed to perform to remove
a violation or unsafe conditions, shall be criminally liable for such
offense in a fine amount not to exceed the sum of two thousand dollars
($2,000.00).
(16)
Section 302.4; delete the section.
(17)
Section 303.2; change to read as follows:
303.2 Enclosures. Private swimming pools,
hot tubs and spas, containing water more than 24 inches (610 mm) in
depth shall be completely surrounded by a fence or barrier at least
48 inches (1,219.2 mm) in height above the finished ground level measured
on the side of the barrier away from the pool. The maximum height
for the fence or barrier shall not exceed 96 inches (2,438.4 mm).
Gates and doors in such barriers shall be self-closing and self-latching.
Where the self-latching device is less than 54 inches (1,372 mm) above
the bottom of the gate, the release mechanism shall be located on
the poolside of the gate. Self-closing and self-latching gates shall
be maintained such that the gate will positively close and latch when
released from an open position of 6 inches (152 mm) from the gatepost.
No existing pool enclosure shall be removed, replaced or changed in
a manner that reduces its effectiveness as a safety barrier.
(Text of exception unchanged)
(18)
Section 304.3.1 and 304.3.2; add to read as follows:
304.3.1 Building numbers required. For
multifamily dwellings, each building shall have the building number
placed in a position to be plainly legible and visible. Each building
number shall be illuminated so that the number is plainly visible
from the street level at night.
304.3.2 Unit/apartment numbers on front doors. For multifamily dwellings, each apartment or unit number shall be
plainly legible and visible on the front door of each unit. These
numbers shall contrast with their background.
(19)
Section 304.14; change to read as follows:
304.14 Insect screens. Every door, window
and other outside opening required for ventilation of habitable rooms,
food preparation areas, food service areas or any areas where products
to be included or utilized in food for human consumption are processed,
manufactured, packaged or stored shall be supplied with approved tightly
fitting screens of not less than 16 mesh per inch (16 mesh 25 mm),
and every screen door used for insect control shall have a self-closing
device in good working condition.
(Text of exception unchanged)
(20)
Section 304.18.1; change to read as follows:
304.18.1 Doors. Doors providing access
to a dwelling unit, rooming unit or housekeeping unit that is rented,
leased or let shall be equipped with a deadbolt lock designed to be
readily openable from the side from which egress is to be made without
the need for keys, special knowledge or effort and shall have a lock
throw of not less than 1 inch (25 mm). Such deadbolt locks shall be
installed according to the manufacturer’s specifications and
maintained in good working order. For purposes of this section, a
sliding bolt shall not be considered an acceptable deadbolt lock.
Front doors shall also be equipped with a 180° peephole.
(21)
Section 602.3; change to read as follows:
602.3 Heat supply. Every owner and operator
of any building who rents, leases or lets one or more dwelling units
or sleeping units on terms, either expressed or implied, to furnish
heat to the occupants thereof shall supply heat to maintain a temperature
of not less than 68°F (20°C) in all habitable rooms, bathrooms
and toilet rooms. (Text of exceptions 1 and 2 unchanged)
(22)
Section 602.4; change to read as follows:
602.4 Occupiable work spaces. Indoor
occupiable work spaces shall be supplied with heat to maintain a temperature
of not less than 65° during the period the spaces are occupied.
(Text of exceptions 1 and 2 unchanged)
(Ordinance O-09-16 adopted 8/2/16)
There is hereby created in accordance with Texas Local Government
Code, chapter 54, a building and standards commission, composed of
seven members.. The members of the city's planning and zoning commission
shall serve as and perform the duties and functions of members of
the building and standards commission. In accordance with state law,
all members of the building and standards commission shall be appointed
to serve two-year terms and may be reappointed following an initial
term. In the event that a vacancy occurs on the building and standards
commission which is not filled by a member of the planning and zoning
commission, the city council will, by majority vote, appoint an individual
to fill that vacancy.
(Ordinance O-10-10 adopted 6/21/10; Ordinance
O-07-22 adopted 6/7/2022)
The commission has the following powers and duties:
(1)
To
require the reduction in occupancy load of an overcrowded structure
or vacation of a structure that is reasonably dangerous to the health,
safety or welfare of the occupants;
(2)
To
require, as an alternative to demolition of a structure found to be
an urban nuisance, the repair of the structure by the owner or by
the city;
(3)
To
require the demolition of a structure found to be an urban nuisance;
(4)
To
require the removal of personal property from a structure ordered
vacated or demolished. 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 care and
custody of a bonded warehouse facility. Such stored personal property
shall be held for 60 days so that the owner may pay the costs of removal
and storage and reclaim the property. Should the owner fail to reclaim
the property within 60 days, the commission shall give the owner notice
in writing and by publication one time in the city’s official
newspaper at least ten days prior to placing such property on sale
at a public auction advertised for that purpose. The city may auction
such personal property at a sale called to auction abandoned personal
property otherwise acquired by the city. Should the owner fail to
reclaim the property, it will be sold at the public auction and the
proceeds from its sale will be applied to pay the costs of removal
and storage and for any expenses incurred by the city in the demolition
or removal of the structure from which it was removed. Cost of removal
and storage are the responsibility of the owner of the personal property.
An appeal by the owner for a judicial review of the commission’s
decision shall not stay the proceedings, but the district court, on
application, on notice to the commission and for due cause shown,
may grant a restraining order or injunction;
(5)
To
require a vacant structure or vacant portion of a structure constituting
a dangerous condition or nuisance be securely closed and made safe;
(6)
To
require or cause the correction of a dangerous condition on the land.
Correction of a dangerous condition may be accomplished by city forces
or private contract. Costs of correction are the responsibility of
the owner;
(7)
To
grant a variance when, in the opinion of the commission, a literal
interpretation of this article would result in the imposition of an
unnecessary or unreasonable hardship;
(8)
To
assess a civil penalty, not to exceed $1,000.00 a day, against a property
owner for each day or part of a day that he fails to repair or demolish
a structure in compliance with a commission order issued under this
article;
(9)
To
cause an action to be brought in district court in accordance with
Texas Local Government Code section 214.003, as amended, for the appointment
of a receiver for property found to be an urban nuisance;
(10)
To require relocation of the occupants of a structure found to be
an urban nuisance;
(11)
To declare a building substandard in accordance with the powers granted
by Texas Local Government Code, ch. 54, subchapter C, as amended;
(12)
To administer and enforce the provisions of this code; and
(13)
To issue orders or directives to any peace officer of the state,
including a sheriff or constable or the chief of police of the city,
to enforce and carry out the lawful orders or directives of the commission.
(Ordinance O-10-10 adopted 6/21/10)
(a)
A
person commits an offense if he fails to correct a violation of this
article in compliance with a commission order that has become final.
(b)
It is a defense to prosecution under subsection (a) of this section that the commission order has been appealed to the state district court.
(c)
If, after the expiration of the time allotted under section 3.13.007 below, the owner fails to satisfy any requirement or mandate set forth therein, the city may:
(1)
Proceed with the hearing, in the absence of the owner if the city
sent the proper notices and performed the requisite due diligence
to ascertain the owners, lienholders and mortgagees of the property;
(2)
Vacate, remove, secure or demolish, or cause to be vacated, removed,
secured or demolished, the building and/or relocate the occupants
at its own expense, should the owner fail to do so within the allotted
time. The expense may be assessed as a lien against the property as
allowed by law;
(3)
Repair or cause to be repaired the building only to the extent necessary to bring the structure 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 the minimum standards, as defined by this code, and expenses may be assessed, as provided in section 3.13.006 below; or
(4)
Assess a civil penalty against the property owner for failure to
repair, remove, demolish, or secure the building, as provided herein.
(Ordinance O-10-10 adopted 6/21/10)
(a)
Generally.
(1)
Authority.
The building official is hereby authorized
and directed to enforce all provisions of this code. For such purposes,
he/she is empowered to make interpretations and rulings of this code.
(2)
Inspections.
For the purpose of ascertaining whether
violations of this code exist, the building official, or his/her designee,
is authorized to inspect:
(A)
The exterior of a structure and premises which contain no structure;
and
(B)
The interior of a structure, if permission of the owner, occupant,
or person in control is given. If such entry is refused, the building
official shall have every recourse provided by law, including but
not limited to an administrative search warrant or an injunction to
secure entry.
(C)
If the structure is unoccupied and open for unauthorized entry or
use, and/or the owner, occupant, or person in control cannot be identified
or located, the building official may enter the property to the extent
allowed by law.
(b)
Substandard buildings.
All buildings or portions thereof
which are determined to be substandard as outlined in this code are
hereby declared to be public nuisances and shall be abated by repair,
rehabilitation, demolition, or removal.
(c)
Hearings.
The building and standards commission, with
the assistance of the city attorney, shall provide reasonable interpretations
of the provisions of this code, mitigate specific provisions of this
code which create practical difficulties in their enforcement and
to hear cases and make determinations, as provided in this code.
(d)
Violations.
(1)
Criminal.
(A)
A person who violates a provision of this code, or who fails to perform
an act required of him by this code, commits a misdemeanor offense.
A person commits a separate offense each day or portion of a day during
which a violation is committed, permitted, or continued.
(B)
An offense under this code is punishable by a fine not to exceed
two thousand dollars ($2,000.00).
(C)
Allegation and evidence of a culpable mental state is not required
for the commission of an offense under this code.
(2)
Civil.
(A)
The city may, in accordance with chapter 54, subtitle B of the Texas
Local Government Code, as amended, bring a civil action against a
person violating a provision of this code relating to dangerously
damaged or deteriorated structures or improvements.
(B)
The civil action may include, but is not limited to, a suit to recover
a civil penalty not to exceed $1,000.00 for each day or portion of
a day during which the violation is committed, continued, or permitted
by the owner or occupant of the property, as provided below.
(C)
The city, by order of the commission, may assess and recover a civil
penalty against a property owner, if the owner fails to take the requisite
action as ordered by the commission, after an administrative hearing
on the matter. The civil penalty may not exceed $1,000.00 a day for
each violation or, if the owner shows that the property is the owner’s
lawful homestead, in an amount not to exceed $10.00 a day for each
violation, if the city proves:
(D)
A determination by the building and standards commission which involves
the establishment of an amount and duration of a civil penalty shall
be final and binding and constitute prima facie evidence of the penalty
in any court of competent jurisdiction in a civil suit brought by
the city for final judgment in accordance with the established penalty.
(E)
To enforce any civil penalty under this section, the city secretary
must file in the Dallas or Ellis County district clerk’s office,
as appropriate, a certified copy of the order of the commission establishing
the amount and duration of the penalty. No other proof is required
for a district court to enter final judgment on the penalty.
(3)
Other available remedies.
The city shall have all other
available remedies at law and in equity to enforce the provisions
of this article.
(4)
Municipal court proceedings not affected.
Action taken
by the city under this article shall not affect the ability of the
city to proceed under the jurisdiction of the city’s municipal
court.
(e)
Authority to impose fees.
If the city does or causes to be done any work pursuant to a commission order, including but not limited to the abatement, repair, demolition, or securing of a structure or lot, the city may proceed to secure payments for actual costs plus the administrative fee, as described in subsection (f) below, and as otherwise allowed by law. The building official shall keep an itemized account of any expenses incurred in abating, repairing, demolishing, or securing of a structure or lot or in abating any other condition on the property.
(f)
Administrative fee.
In addition to the actual costs
incurred in abating, repairing, demolishing, or securing a structure
or lot, there shall be an administrative fee assessed on each lot,
tract, or parcel of property to cover the actual cost of clerical
work, title searches, publications, and filing fees estimated to be
twenty percent (20%) of the value of the property.
(g)
Fee and due date.
The actual cost of abating, repairing,
demolishing, or securing a structure or lot, or abating any other
condition on the property, plus the attendant administrative fee,
shall become due and payable upon the completion of the repairing,
demolishing, or securing of the structure or other abatement procedure.
The building official shall send by certified mail, return receipt
requested, and an optional second copy by regular mail, an itemized
billing to the owner or owners of record, describing the work done.
Any money recovered by payment of the charge or assessment or from
the sale of property at foreclosure sale, to the extent allowed by
law, shall be paid to the city treasurer, who shall credit the same
to the repair and demolition fund. If after thirty (30) days from
the billing date, payment in full has not been made, then the city
may proceed to collect all monies and fees due by filing a lien upon
real property. All such charges shall bear interest at the rate of
ten percent (10%) per annum from the date the owner of the real property
receives the aforementioned notice of demand for payment of such charges.
The city may bring suit in a court of competent jurisdiction to foreclose
its liens and collect all monies and fees due. The written statement
of such charges, or a certified copy thereof, shall be prima facie
evidence of the city’s claim for charges or right to foreclose
the lien.
(h)
Filing.
The city shall file its notice of lien in the
office of the county clerk of Dallas or Ellis County, as appropriate.
The notice shall contain the name and address of the owner if that
information can be determined with a reasonable effort, a legal description
of the property on which the building was located, the amount of expenses
incurred by the city and the balance due.
(i)
Extinguishment of lien.
The lien is extinguished if
the property owner or other person having an interest in the legal
title to the property reimburses the city for the expenses.
(j)
Homestead exemption.
Real property protected by the
state constitution as a homestead shall not be subject to assessment
of liens resulting in expenses involved in the abatement, repair,
demolition, or in securing a structure or lot as described in the
process of this code.
(Ordinance O-10-10 adopted 6/21/10)
(a)
(1)
The commission may adopt rules not inconsistent with this article.
Meetings of the commission will be held at the call of the chairman,
or in his absence the acting chairman, or as the board may determine
from time to time. The chairman, or in his absence the acting chairman,
may administer rolls and compel the attendance of witnesses. All meetings
are open to the public.
(2)
The building official or his designated representative shall act
as 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
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.
(3)
Whenever the building official has inspected or caused to be inspected
any structure or lot and has found and determined that such structure
or lot is substandard, he/she may commence proceedings to cause repair,
rehabilitation, vacation, or demolition of the structure or lot.
(b)
Notice and administrative order to abate.
The building
official shall issue a notice and administrative order to abate a
substandard structure or lot. The notice and administrative order
shall contain:
(1)
The street address and a legal description sufficient for identification
of the premises upon which the structure is located.
(2)
A statement that the building official has found the structure or
lot to be substandard with a brief and concise description of the
conditions found to render the structure or lot substandard under
the provisions of this code.
(3)
A statement of the action recommended to be taken, as determined
by the building official, as follows:
(A)
If the building official has determined that the structure or lot
must be repaired, the administrative order shall require that all
required permits be secured and work physically commenced within thirty
(30) days from the date of the administrative order.
(B)
If the building official has determined that the structure or lot
must be vacated, the administrative order shall require that the structure
or lot must be vacated within thirty (30) days of the date of the
administrative order.
(C)
If the building official has determined that the structure or lot
must be demolished, the administrative order shall require that all
required permits be secured and work physically commenced within thirty
(30) days from the date of the administrative order.
(4)
A statement advising that a notice of hearing is forthcoming and
a description of the hearing. The hearing shall provide the commission
the means to consider or determine whether a structure or lot complies
with the standards set forth herein and to consider or determine whether
a structure or lot must be repaired or demolished, as recommended
by the building official, in the notice and administrative order.
(5)
Statements advising that if the owner or owners of record are in
full agreement with a demolition order, and that if the owner or owners
of record are financially unable to abate such nuisance, then the
owner or owners of record may grant the city written permission to
abate said nuisance, and, in doing so shall grant the city a lien
against the real property as described in this code.
(c)
Notice of hearing.
The building official shall give
notice of a public hearing to all known owners, lienholders, or mortgagees
for the commission to consider or determine whether a structure or
lot complies with this code and to consider or determine whether a
structure or lot must be repaired, secured or demolished. The notice
shall be mailed and posted as provided herein, and published in the
official newspaper of the city on one (1) occasion, on or before the
tenth (10th) day before the date of the hearing. The notice of hearing
shall contain:
(1)
The name and address of the owner of the affected property, if known;
(2)
A legal description of the property, as well as the physical address;
(3)
A description of the hearing;
(A)
The date, time, and place of the public hearing. This date shall
be established not less than ten (10) days from the date of the administrative
order;
(B)
A statement advising that securing the required permits and physically
commencing the required action shall be considered as intent to comply
with the administrative order to abate, and that the hearing shall
be temporarily postponed. Should abatement halt, or not progress at
a rate determined to be reasonable by the building official, the hearing
shall be recalled;
(C)
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 this article and the time it will take to
reasonably perform the work.
(d)
Service of notice and administrative order to abate and notice of
hearing.
The notice of the administrative order to abate,
the notice of hearing and any supplemental notices or orders shall
be served upon the owner, lessor, lienholder, and mortgagees of record
and occupant, if different than the owner of the structure or lot.
Service of these notices and orders shall be made upon all persons
entitled thereto either personally or by mailing a copy of such notice
by certified mail, return receipt requested, and an optional second
copy by regular mail, to each such person at his/her address as it
appears on the county tax rolls, or as discovered by due diligence,
as defined by subsections (1) through (6) herein, and the notice shall
be posted on the front door of each improvement situated on the affected
property or as close to the front door as practical. The following
of these procedures shall be prima facie evidence of notification.
If a certified notice is returned as “refused” or “unclaimed,”
the validity of the notice is not affected, and the notice shall be
deemed delivered. The city has satisfied the requirements of this
section to make a diligent effort to determine the identity and address
of an owner, a lienholder, or a mortgagee if the city searches the
following records:
(1)
County real property records of the county in which the building
is located;
(2)
Appraisal district records of the appraisal district in which the
building is located;
(3)
Records of the secretary of state;
(4)
Assumed name records of the county in which the building is located;
(5)
City tax records; and
(6)
City utility records.
(e)
Filing of notice and administrative order at the county.
A copy of the notice and any administrative orders, or such orders
as may be issued pursuant to these provisions, shall be filed with
Dallas or Ellis County deed records, as appropriate. The notice must
contain the name and address of the owner of the affected property
if that information can be determined from a reasonable search of
the instruments on file in the office of the county clerk, or upon
a due diligence search as set forth herein, a legal description of
the affected property, and a description of the proceeding. The filing
of said notice and any said orders, is binding on subsequent grantees,
lienholders, or other transferees of an interest in the property who
acquire such interest after the filing of said notice or any said
orders, and constitutes notice of said hearing and notice of any said
orders, on any subsequent recipient of any interest in the property
who acquires such interest after the filing of said notice or filing
of any said orders.
(f)
Meeting/public hearing procedures.
During an officially
convened meeting, the commission shall hold a public hearing on each
case and shall hear such testimony as may be presented by any department
of the city, the building official, inspector, or the owner, occupant,
mortgagee or any other person having an interest in such building
to determine whether a building complies with the standards of this
code. The owner, lienholder, or mortgagee has the burden of proof
to demonstrate the scope of any work that may be required to comply
with this code and the time it will take to perform the work. After
all testimony has been received, the public hearing shall be closed
and the commission shall deliberate on the case in open session. The
commission shall make written findings of fact from the testimony
offered as to whether the building complies with the standards of
this code.
(1)
After the meeting, if a building is found in violation of standards
set forth herein, the commission may order that the building be vacated,
secured, repaired, removed, or demolished by the owner within a reasonable
time as provided herein. The commission also may order that the occupants
be relocated within a reasonable time, at the cost of the owner, lienholders
or mortgagees. The commission reserves the right to determine what
is a reasonable amount of time to perform the ordered work or what
is a reasonable amount of time to relocate occupants.
(2)
The commission shall require the owner, lienholder, or mortgagee
of the building to, within thirty (30) days:
(A)
Secure the building from unauthorized entry or use; or
(B)
Repair, remove, or demolish the building, unless the owner, lienholder,
or mortgagee establishes at the hearing that the work cannot reasonably
be performed within thirty (30) days.
If the commission allows the owner, lienholder, or mortgagee
more than thirty (30) days to repair, remove, or demolish the building,
the commission shall establish specific schedules for the commencement
and performance of the work and shall require the owner, lienholder,
or mortgagee to secure the property in an approved manner from unauthorized
entry while the work is being performed, as determined by the commission.
(3)
The commission may not allow the owner, lienholder, or mortgagee
more than ninety (90) days to repair, remove, or demolish the building
or fully perform all work required to comply with the order unless
the owner, lienholder, or mortgagee:
(A)
Submits a detailed plan and time schedule for the work at the hearing;
and
(B)
Establishes at the hearing that the work cannot justifiably be completed
within ninety (90) days because of the scope and complexity of the
work. If the commission allows the owner, lienholder, or mortgagee
more than ninety (90) days to complete any part of the work required
to repair, remove, or demolish the building, the commission shall
require the owner, lienholder, or mortgagee to regularly submit progress
reports to the building official and to the commission to demonstrate
that the owner, lienholder, or mortgagee has complied with the time
schedules established for commencement and performance of work. The
order may require that the owner, lienholder, or mortgagee appear
before the commission to demonstrate compliance with the time schedule.
(g)
After the meeting.
(1)
After the meeting, the city secretary shall, within ten (10) days
after the date the order is issued:
(A)
File a copy of the order in the office of the city secretary;
(B)
Publish in a newspaper of general circulation in the city a notice
containing:
(C)
Shall promptly mail by certified mail, return receipt requested,
and an optional second copy by regular mail, a copy of the order to
the owner, any lienholder(s), and any mortgagee(s) of the building,
as determined by due diligence, as defined herein.
(h)
Repair
of a structure may be accomplished by an owner, mortgagee or lienholder
as compliance with this section or by the city, but only to the extent
necessary to bring the structure into compliance with minimum standards
and only if the structure is a residential structure with not more
than ten dwelling units. Demolition of a structure may be accomplished
by an owner, mortgagee or lienholder as compliance with this section
or by the city. Voluntary demolition may be accomplished as follows:
(1)
If a structure is determined by the building official to be in violation
of the provisions of this article and an urban nuisance, and if the
building official determines that the structure should be demolished,
the owner may submit a written statement to the building official
on a form supplied by the city stating that the owner consents to
the demolition of the structure, that the costs of demolition would
present an undue financial hardship on the owner, and that the owner
waives further notice and public hearing by the commission. Upon receipt
of such written consent, the city may proceed with demolition without
further notice, without public hearings, and without commission action.
(2)
If the owner submits a the written consent described in the this
subsection and demolition would not present an undue financial hardship
on the owner, the owner may proceed with demolition, after obtaining
any necessary permits, at the owner’s expense, waiving further
notice, public hearings, and commission action.
(i)
The
expense of repair, vacation, removal, closure or demolition of a structure
when performed under contract with the city or by city forces, and
any civil penalty assessed against the owner, constitutes a nontransferable
lien against the real property on which the structure stands or stood,
unless it is a homestead protected by the state constitution, and
the lien runs with the land. The city’s lien attaches when notice
of the lien is recorded and indexed in the office of the county clerk
in the county in which the property is located. Notice must contain
the name and address of the owner, if reasonably determinable, a legal
description of the real property, the amount of expenses incurred
by the city and the balance due. The city’s lien for demolition,
vacation, removal and closure expenses is a privileged lien subordinate
only to tax liens and all previously recorded bona fide mortgage liens
attached to the property, if each mortgagee and lienholder is given
notice and an opportunity to repair or demolish the structure. The
city’s lien for repair expenses or civil penalties is inferior
to any previously recorded bona fide mortgagee lien attached to real
property if the mortgage lien was filed for record in the county clerk’s
office of the county in which the real property is located before
the date the civil penalty is assessed or the repair is begun by the
city, but is superior to all other previously recorded judgment liens.
A lien acquired by the city under this subsection for repair expenses
may not be foreclosed if the structure upon which the repairs were
made is the residential homestead of a person 65 years of age or older
and is occupied by that person.
(j)
The
city may use lawful means to collect repair, vacation, removal, closure
and demolition costs and civil penalties from an owner. Any civil
penalty or other assessment imposed on [under] this section accrues
interest at the rate of ten percent a year from the date of the assessment
until paid in full. In any judicial proceeding regarding enforcement
of city rights under this article, the prevailing party is entitled
to recover reasonable attorney’s fees from the nonprevailing
party.
(k)
The
building official shall give notice of demolition, repair by the city
or the assessment of the civil penalty if the building official determines
that the owner has not complied with an order to repair.
(l)
The
building official shall give notice of an order of the commission
and notice of demolition, repair by the city or the assessment of
a civil penalty, at the time of issue, to each person required to
receive notice and shall file each order of the commission in the
deed records. If an order to demolish or repair is timely effected,
the building official or his designated representative shall, upon
request and payment of the cost by the owner, file a notice of compliance
in the deed records.
(m)
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 property after an
order has been so filed is subject to the requirements of the order.
Provisions of this subsection shall be included as part of each order.
(n)
The
building official or his designated representative shall serve notice
required by this section by certified United States mail, return receipt
requested, sent to the last known address of the person being notified.
If the certified mail is returned undelivered, the building official
or his designated representative may serve the notice personally if
the person to be notified can be found in Dallas County or Ellis County,
Texas. If the notice sent to an owner is returned undelivered, and
after diligent search, the building official or his designated representative
is unable to discover a correct address for the owner or is unable
to serve the owner personally, then the building official or his designated
representative shall give notice by publication of the order once
in the official newspaper of the city at least five days before the
hearing.
(o)
At
each hearing of the commission, an owner, lessor, occupant or lienholder
may present witnesses in his own behalf and is entitled to cross-examine
any witnesses appearing against him.
(p)
After
a public hearing, the decision of the commission is final as to the
administrative remedies.
(Ordinance O-10-10 adopted 6/21/10)
(a)
When
the building official or his designated representative has given notice
of a hearing to consider vacation of a structure, the building official
or his designated representative shall place a sign on the structure
or dwelling unit. The sign shall serve as a warning of the unsafe,
unsanitary and dangerous condition of the structure. A person commits
an offense if he or she:
(1)
Without authority from the building official, moves or destroys a
sign placed by the building official;
(2)
Occupies a vacant structure or dwelling unit on which the building
official has placed such sign;
(3)
As the owner of a structure or dwelling unit, authorizes a person
to occupy a vacant structure or dwelling unit on which the building
official has placed such sign.
(b)
Each
occupant of a structure or dwelling unit that has been ordered vacated
shall vacate the structure or dwelling unit within a specified time
determined by the commission. No person shall occupy a structure or
dwelling unit that has been ordered vacated.
(Ordinance O-10-10 adopted 6/21/10)
When the building official or designated representative gives
notice of a hearing to consider closure of the structure, the building
official or his designated representative may place a sign on the
open and vacant structure or portion of a structure warning of its
condition.
(1)
No
person, without authority from the building official, shall remove
such sign;
(2)
No
person shall occupy an open and vacant structure in which such sign
has been placed.
(Ordinance O-10-10 adopted 6/21/10)
(a)
Buildings,
structures or dwellings that do not meet one or more of the minimum
standards, set forth in the International Building Code, Mechanical,
Plumbing Codes, and National Electrical Code as adopted by city council
and as amended, such that conditions or defects exist that endanger
the life, health, property or safety of its occupants or the general
public, constitute uninhabitable, dangerous and substandard buildings,
structures or dwellings. Such structures or buildings may be declared
as unfit for human occupation, in violation of this article and subject
to the procedures set forth herein.
[Text missing]
to remain in the absence of a primary use, for a fixed period
of time provided that plans to construct a primary structure are submitted
and attendant building permit application is issued within ninety
(90) days of the demolition.
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Editor’s note–The provisions above
are as they appear in Ord. O-10-10.
|
(e)
If the owner, lienholder or mortgagee requests a variance from
the current code requirements, the commission may grant such a variance,
if:
(1)
Evidence or information is submitted by the owner, lienholder or
mortgagee generated by a certified inspector or registered structural
engineer that such a variance will have no adverse impact on the integrity
of the structure or facilities, to the satisfaction of the building
official.
(2)
This evidence must be presented at the public hearing and falls within
the owner’s burden of proof that the structure can be repaired.
(3)
In no event shall the variance permitted be less than the minimum
standard required at the time of original construction.
The commission shall make specific findings of [and] financial
hardship, in and of itself, is not sufficient basis for granting a
variance.
(Ordinance O-10-10 adopted 6/21/10)
(a)
Generally.
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 from the building
official or his/her designee in the manner and according to the applicable
conditions prescribed in the current building code.
(b)
Fees.
Whenever a building permit or demolition permit
is required by this code, the appropriate fees shall be paid to the
city as specified in the city’s fee schedule for building permits.
(c)
Inspections.
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 by the building official
in accordance with, and in the manner provided by, this code and the
current building code.
(Ordinance O-10-10 adopted 6/21/10)
(a)
Purpose.
The owner or person in control of an unoccupied
structure shall ensure that the building is in such condition that
an unauthorized person cannot enter the structure through missing
or unlocked doors or windows, or through other openings into the building.
The city may secure unoccupied, unsecured structures, or structures
occupied by persons who do not have the right of possession to the
building. A lien may be filed on real property to assure the cost
of securing the structure as set forth in this code.
(b)
Definitions.
(1)
An unsecured structure is hereby defined to be any structure or building
which has missing or unlocked doors or windows, or other unsecured
openings into the building through which unauthorized persons can
enter.
(2)
An unoccupied structure is hereby defined to be any structure or
building that currently has no occupant with the right of possession
of the building and/or appears vacant or abandoned as evidenced by:
no active utility accounts, absence of personal property, general
conditions of neglect and any other substantiated evidence of vacancy
or abandonment that may be presented by the building official.
(3)
Any unoccupied, unsecured structure or building is hereby declared
to be a danger to public health and safety and is hereby declared
to be a public nuisance.
(c)
City may secure.
The building official may secure a
building that (i) violates the minimum standards of this code and
(ii) is an unsecured, unoccupied structure. This authority is in addition
to that regarding substandard buildings.
(d)
Notice.
(1)
Before the eleventh (11th) day after the date the building is secured,
the building official shall give notice to the owner of record by:
(A)
Personally serving the owner with written notice;
(B)
Sending a copy of the notice certified mail, return receipt requested,
and an optional copy by regular mail, at the owner’s post office
or physical address;
(C)
Publishing the notice at least twice within a ten (10) day period
in the city’s official newspaper if personal service cannot
be obtained and the owner’s post office or physical address
is unknown; or
(D)
Posting the notice on or near the front door of the building if personal
service cannot be obtained or the owner’s post office or physical
address is unknown.
(2)
The notice must contain the following:
(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 this code that is present at the
building;
(C)
A statement that the city will secure or has secured, as the case
may be, the building; and
(D)
An explanation of the owner’s entitlement to request a hearing
about any matter relating to the city’s securing of the building.
(3)
The city shall conduct a hearing before the commission at which the
owner may testify or present witnesses or written information about
any matter relating to the city’s securing of the building if,
within thirty (30) days after the date the city secures the building,
the owner files with the city secretary, a written request for the
hearing. The city shall conduct the hearing within twenty (20) days
after the date the request is filed.
(e)
Method of securing.
The securing of windows, doors,
or any other opening allowing access to an unsecured unoccupied structure
shall be done with such material and in such a fashion as to effectively
bar entrance to the structure including but not limited to plywood,
lumber, steel, replacement glass, nails, screws, and bolts. The use
of cardboard, tar paper, window and door screens or any other material
that will not effectively prevent entrance shall not be deemed sufficient
in securing a structure.
(Ordinance O-10-10 adopted 6/21/10)
(a)
Judicial review.
Any owner, lienholder, or mortgagee
of record jointly or severally aggrieved by a decision of the commission
may present a petition to a district court as provided by section
54.039, Texas Local Government Code. The petition must be presented
to the court within thirty (30) days after the date of copy of the
final decision of the commission is personally delivered, mailed by
first class mail with certified return receipt requested, or delivered
by the United States Postal Service using signature confirmation service,
to all persons to whom notice is required to be sent under section
54.035, Texas Local Government Code. On presentation of the petition,
the court may allow a writ of certiorari pursuant to Texas Local Government
Code ch. 54, subchapter C, as amended. If no appeals are taken from
the decision of the commission within the required period, the decision
of the commission shall, in all things, be final and binding. The
appeal in district court shall be limited to a hearing under the substantial
evidence rule. The decision of the commission shall become final as
to each such owner, lienholder or mortgagee upon the expiration of
each such 30-calendar-day period unless otherwise allowed by law.
(b)
Final decision; reconsideration.
If no appeals are taken
from the decision of the commission within the required period, the
decision of the commission shall, in all things, be final and binding.
The commission shall not entertain a reconsideration of the final
order except on motion of the city.
(c)
Continuances.
The commission, at its discretion, may
continue or table a matter for consideration if the commission finds:
(1)
The owner of the property, lienholder or mortgagee has made reasonable
efforts to obtain information and evidence for the hearing but requires
additional time to secure said information; and
(2)
The property is secured from unlawful entry; and
(3)
A delay in the proceedings will not pose a threat or danger to the
general health, safety and welfare of the citizens.
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City staff may request a continuance or a tabling of a matter,
and the commission may continue or table a matter, when deemed to
be necessary and when delay in the proceedings will not pose a threat
or danger to the general health, safety and welfare of the citizens.
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(Ordinance O-10-10 adopted 6/21/10)
No officer, agent or employee of the commission or the city
shall render himself 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 duties under this article. Any suit brought
against the commission or any officer, agent or employee of the city,
as a result of any act required or permitted in the discharge of his
duties under this article, shall be defended by the city attorney
or by such legal counsel engaged by the commission for that purpose
until the final determination of the proceedings herein.
(Ordinance O-10-10 adopted 6/21/10)
