(a) Purpose.
It is the purpose of this article to provide a just, equitable
and practical method, to be cumulative with and in addition to any
other remedy provided by the residential code, building code, electrical
code, fire code, mechanical code, plumbing code, housing code, property
maintenance code, V.T.C.A., Local Government Code, ch. 214, or otherwise
available at law, whereby buildings, as defined herein, which from
any cause endanger the life, limb, health, property, safety, morals
or welfare of the general public or their occupants, may be required
to be repaired, vacated, demolished, removed or secured.
(b) Scope.
The provisions of this article shall apply to all buildings
which are hereinafter defined as dangerous or substandard, whether
now in existence or whether they may hereafter become dangerous or
substandard.
(Ordinance 1943, § 1, 2-14-12)
Building code
means the International Building Code, as adopted and amended
by the city.
Building
means and includes any building, fence, awning, canopy, sign,
shed, garage, house, tent or other structure whatsoever. The enumeration
of specific types of structures shall not be deemed to exclude other
types of structures to which the sense and meaning of the provisions
hereof in context reasonably have application.
Building official
means the officer or other designated authority charged with
the administration and enforcement of the chapter and the codes adopted
herein, or the building official’s duly authorized representative
such as deputy building official, building inspector, code enforcement
officer, and health officer.
Electric code
means the National Electrical Code, as adopted and amended
by the city.
Fire code
means the International Fire Code, as adopted and amended
by the city.
Fire marshal
means the fire marshal of the City of Euless or his designee.
Housing code
means article X, Euless Minimum Housing Code, of this chapter,
as adopted and amended by the city.
Mechanical code
means the International Mechanical Code, as adopted and amended
by the city.
Person
means any individual, proprietorship, corporation, firm,
association, or other legal entity.
Plumbing code
means the International Plumbing Code, as adopted and amended
by the city.
Residential code
means the International Residential Code, as adopted and
amended by the city.
(Ordinance 1943, § 1, 2-14-12)
(a) General.
(1) Administration.
The building official is hereby authorized
to enforce the provisions of this article. The building official shall
have the power to render interpretations of this article and to adopt
and enforce rules and supplemental regulations in order to clarify
the application of its provisions. Such interpretations, rules and
regulations shall be in conformity with the intent and purpose of
this article.
(2) Inspections.
The building official and the fire marshal
are hereby authorized to make such inspections and take such further
actions as may be required to enforce the provisions of this article.
(3) Right of entry.
When it is necessary to make an inspection
to enforce the provisions of this article, or when the building official
has a reasonable cause to believe that there exists in a building
or upon a premises a condition which is contrary to or in violation
of this article which makes the building or premises unsafe, dangerous,
or hazardous, the building official and his designated assistants
may enter the building or premises at reasonable times to inspect
or perform the duties imposed by this article, provided that if such
building or premises be occupied that credentials be presented to
the occupant and entry requested. If such building or premises are
unoccupied, the building official or his designee shall first make
a reasonable effort to locate the owner or other person having charge
or control of the building or premises and request entry. If entry
is refused, the building official shall have recourse to the remedies
provided by law to secure entry.
(b) Abatement
of dangerous or substandard buildings.
All buildings
or portions thereof which are determined after inspection by the building
official to be dangerous or substandard as defined by this article
are hereby declared to be public nuisances and shall be abated by
repair, vacation, demolition, removal or securing in accordance with
the procedures specified in this article.
(c) Unlawful
to violate article.
It shall be unlawful for any person,
to erect, construct, use, occupy or maintain any building that is
deemed herein to be a nuisance or cause or permit the same to be done
in violation of this article.
(d) Inspection
authorized.
All buildings within the scope of this article
and all construction or work for which a permit is required shall
be subject to inspection by the building official.
(Ordinance 1943, § 1, 2-14-12)
(a) For
the purposes of this article, any building, regardless of the date
of its construction, which has any or all of the conditions or defects
hereinafter described shall be deemed to be a substandard building,
and a nuisance:
(1) Whenever any building is dilapidated, substandard, or unfit for human
habitation and a hazard to the public health, safety and welfare in
the opinion of the building official.
(2) Whenever any building, regardless of its structural condition, is
unoccupied by its owners, lessees or other invitees and is unsecured
from unauthorized entry to the extent that it could be entered or
used by vagrants or other uninvited persons as a place of harborage
or could be entered or used by children.
(3) Any building that is boarded up, fenced or otherwise secured in any
manner if:
a. The building constitutes a danger to the public even though secured
from entry; or
b. The means used to secure the building are inadequate to prevent unauthorized
entry or use of the building.
(4) Whenever any building, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire-resistive
construction, faulty electric wiring, gas connections or heating apparatus,
or other cause, is determined by the fire marshal to be a fire hazard.
(5) Whenever any building is in such a condition as to create a public
nuisance known under common law or in equity jurisprudence.
(6) Whenever any portion of a building remains on a site after the demolition
or destruction of the building.
(7) Whenever any building is abandoned so as to make such building or
portion thereof an attractive nuisance or hazard to the public.
(8) Any building existing in violation of any provision of the residential
code, building code, fire code, plumbing code, mechanical code, electrical
code, housing code, or property maintenance code of the city to the
extent that the life, health or safety of the public or any occupant
is endangered.
(b) For
the purposes of this article, any building, regardless of the date
of its construction, which has any or all of the conditions or defects
hereinafter described to an extent that endangers the life, limb,
health, property, safety, morals or welfare of the public or the occupants
of the building shall be deemed and hereby is declared to be a substandard
building, and a nuisance:
(1) Whenever any door, aisle, passageway, stairway or other means of
exit is not of sufficient width or size or is not so arranged as to
provide safe and adequate means of exit in case of fire or panic.
(2) Whenever the walking surface of any aisle, passageway, stairway or
other means of exit is so warped, worn, loose, torn or otherwise unsafe
as to not provide safe and adequate means of exit in case of fire
or panic.
(3) Whenever the stress in any materials, or members or portion thereof,
due to all dead and live loads, is more than one and one half times
the working stress or stresses allowed in the building code for new
buildings of similar structure, purpose or location.
(4) Whenever any portion of the building has been damaged by fire, earthquake,
wind, flood or by any other cause, to such an extent that the structural
strength or stability thereof is materially less than it was before
such catastrophe and is less than the minimum requirements of the
building code for new buildings of similar structure, purpose or location.
(5) Whenever any portion or member or appurtenance thereof is likely
to fail, or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
(6) Whenever any portion of a building, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength
or stability, or is not so anchored, attached or fastened in place
so as to be capable of resisting a wind pressure of one half of that
specified in the building code for new buildings of similar structure,
purpose or location without exceeding the working stresses permitted
in the building code for such buildings.
(7) Whenever any portion of a building has wracked, warped, buckled or
settled to such an extent that walls or other structural portions
have materially less resistance to winds or earthquakes than is required
in the case of similar new construction.
(8) Whenever the building, or any portion thereof, is likely to partially
or completely collapse because of:
a. Dilapidation, deterioration or decay;
c. The removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building;
d. The deterioration, decay or inadequacy of its foundation; or e. Any
other cause.
(9) Whenever, for any reason, the building, or any portion thereof, is
manifestly unsafe for the purpose for which it is being used.
(10) Whenever the exterior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity does not fall inside the middle one third of
the base.
(11) Whenever the building, exclusive of the foundation, shows 33 percent
or more damage or deterioration of its supporting member or members,
or 50 percent or more damage or deterioration of its non-supporting
members, enclosing or outside walls or coverings.
(12) Whenever the building has been so damaged by fire, wind, earthquake,
flood or any other cause, or has become so dilapidated or deteriorated
as to become:
a. An attractive nuisance to children; or
b. A harbor for vagrants, criminals or immoral persons.
(13) Whenever any building has been constructed, exists or is maintained
in violation of any specific requirement or prohibition applicable
to such building provided by the building code, or of any law or ordinance
of this state or city relating to the condition, location or structure
of buildings.
(14) Whenever any building which, whether or not erected in accordance
with all applicable laws and ordinances, has in any non-supporting
part, member or portion less than 50 percent, or in any supporting
part, member or portion less than 66 percent of the strength, fire-resisting
qualities or characteristics, or weather-resisting qualities or characteristics
required by law in the case of a newly constructed building of like
area, height and occupancy in the same location.
(15) Whenever a building, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air or sanitation facilities,
or otherwise, is determined by the building official to be unsanitary,
unfit for human habitation or in such a condition that is likely to
cause sickness or disease for reasons including, but not limited to,
the following:
a. Lack of, or improper water closet, lavatory, bathtub or shower in
a dwelling unit.
b. Lack of, or improper water closets, lavatories and bathtubs or showers
per number of guests in a hotel.
c. Lack of, or improper kitchen sink in a dwelling unit.
d. Lack of hot and cold running water to plumbing fixtures in a hotel.
e. Lack of hot and cold running water to plumbing fixtures in a dwelling
unit.
f. Lack of required heating facilities.
g. Lack of, or improper operation of, required ventilating equipment.
h. Lack of minimum amounts of natural light and ventilation required
by this code.
i. Room and space dimensions less than required by this code, the building
code, or the housing code.
j. Lack of required electrical lighting.
k. Dampness of habitable rooms.
l. Infestation of insects, vermin or rodents.
m. General dilapidation or improper maintenance.
n. Lack of connection to required sewage disposal system.
o. Lack of adequate garbage and rubbish storage and removal facilities.
p. Accumulation of animal or human urine or feces, mold, or any condition
that could likely harbor or spread disease.
(c) For
purposes of this article, any building, regardless of its date of
construction, which exists in violation of chapters 3 through 7 of
the property maintenance code, or similar provisions in any later
version of the property maintenance code which may hereafter be adopted
or amended by the city, to an extent that endangers the life, limb,
health, property, safety, or welfare of the public or the occupants
thereof, shall be deemed and hereby is declared to be a substandard
building and a nuisance.
(Ordinance 1943, § 1, 2-14-12)
When the building official has inspected or caused to be inspected
any building and has found and determined that the building is substandard,
the building official may take any or all of the following actions,
as he deems appropriate:
(1) Issue
notice to the record owner that the building is substandard and must
be repaired, listing the deficiencies, or issue notice to the record
owner that the building is substandard, and that the nature and/or
the extent of the deficiencies make repair infeasible, so that the
building must be demolished, listing the deficiencies;
(2) Issue
citation(s) for violation(s) of this article;
(3) Secure the building if permitted by subsection
14-342(a) of this article;
(4) Recommend to the board that abatement proceedings be commenced pursuant to section
14-336 below.
(Ordinance 1943, § 1, 2-14-12)
(a) Commencement
of proceedings.
When the building official has found
and determined that a building is a substandard building, the building
official may commence proceedings to cause the repair, vacation, relocation
of occupants, removal, demolition or securing of the building.
(b) Public
hearing to be held.
Except when the building official finds that a building is likely to immediately endanger persons or property, a public hearing before the board shall be held to determine whether a building complies with the standards set out in section
14-334 of this article. If the building official determines that the building constitutes an immediate danger, the procedures set forth in section
14-342(b) of this article shall be followed.
(c) Notice.
Not less than ten days prior to the date on which the hearing
is set, the building official shall issue a notice of the public hearing
directed to the record owner of the building and to all mortgagees
and lienholders. The city shall use diligent efforts to determine
the identity and address of any owner, lienholder or mortgagee of
the building through search of the county real property records; appraisal
district records; records of the secretary of state; assumed name
records of the county; tax records of the city; and utility records
of the city. The notice shall contain:
(1) The name and address of the record owner;
(2) The street address or legal description sufficient for identification
of the premises upon which the building is located;
(3) A statement that the building official has found the building to be substandard or dangerous, with a brief and concise description of the conditions found to render the building dangerous or substandard under the provisions of section
14-334 of this article.
(4) 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.
(5) Notice of the time and place of the public hearing.
(6) A statement that if the building is found to be in violation of this
article, the board may order that the building be vacated, secured,
repaired, removed or demolished within a reasonable time.
(d) Additional
notice of public hearing.
Prior to the public hearing, the city may file a copy of the notice mailed pursuant to subsection
(c) above in the official public records of real property in the county.
(e) Burden
of proof.
At the public hearing, the city has the burden
of proof to establish that the building or structure at issue is not
in compliance with applicable city codes, and is substandard as defined
by this article, and to identify the specific deficiencies or code
violations; and the owner, lienholder and mortgagee have the burden
of proof to establish the scope of any work that may be required to
comply with this article, the time it will take to reasonably perform
the work, and the financial ability and willingness of the owner,
lienholder and/or mortgagee to perform the work with diligence and
dispatch.
(f) Conduct
of public hearing.
At the public hearing, the owner of
the building, and all other interested persons may make their appearance
and be heard. Any evidence may be received and considered by the board,
provided, however, that the board shall not consider evidence as to
the existence or extent of any deficiencies or code violations which
were not identified in the notice to the record owner described in
this section. The chairman of the board, or in his absence, any officer
designated by rules adopted by the board to preside at meetings, shall
preside and shall determine all questions of order. The hearing may
be adjourned from day to day or continued upon a majority vote of
the board.
(Ordinance 1943, § 1, 2-14-12)
(a) Findings
of the board.
(1) If the board, by a majority vote, finds upon evidence presented at the public hearing that the building is not in violation of standards set out in section
14-334 of this article, the board shall order that the enforcement action cease; provided, however, that such order shall neither prevent the building official from instituting a new enforcement action for other violations the building official alleges have been determined to exist, nor shall such order prevent the building official from instituting a new enforcement action for the same violations if the building official later determines that the conditions as determined by the board have materially changed as to such violations.
(2) If the board, by a majority vote, finds upon evidence presented at the public hearing that the building is in violation of standards set out in section
14-334 of this article, that such conditions can reasonably be remedied by repair within a reasonable time, and that the owner, lienholder, or mortgagee is financially able and is willing to conduct or cause such repairs to be made within a reasonable time, the board shall identify the specific violations found to exist, and order that the owner, mortgagee and/or lienholder repair such violations, and, if necessary to the public safety, vacate, secure, or relocate the occupants, within such reasonable times as determined by the board to be appropriate, as provided herein.
(3) If the board, by a majority vote, finds upon evidence presented at the public hearing that the building is in violation of standards set out in section
14-334 of this article, and that such conditions cannot reasonably be remedied by repair, or that neither the owner, lienholder, nor the mortgagee are financially able or willing to conduct or cause such repairs to be made within a reasonable time, board shall identify the specific violations found to exist, and order that the owner, mortgagee or lienholder remove or demolish the building, and, if necessary to the public safety, vacate and secure the building and/or relocate the occupants, within such reasonable times as determined by the board to be appropriate, as provided herein, or order such other relief as is permitted by this article.
(b) Time
allowed to complete work.
(1) Unless the owner, lienholder, or mortgagee establishes at the hearing
that the work cannot reasonably be performed within 30 days, the order
shall require the owner, lienholder or mortgagee of the building to,
within 30 days, take one or more of the following actions:
b. Secure the building from unauthorized entry;
c. Repair the violations; and/or
d. Remove or demolish the building.
(2) If the owner, lienholder, or mortgagee establishes at the hearing
that the work cannot reasonably be performed within 30 days, and the
board allows the owner, lienholder or mortgagee more than 30 days
to repair, remove or demolish the building, the board shall establish
specific time schedules as the board determines are appropriate for
the commencement and performance of the work and shall require the
owner, lienholder or mortgagee to secure the property in a reasonable
manner from unauthorized entry while the work is being performed.
(3) The board may not allow the owner, lienholder or mortgagee more than
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 be reasonably completed
within 90 days because of the scope and complexity of the work.
(4) If the board allows the owner, lienholder or mortgagee more than
90 days to complete any part of the work required to repair, remove
or demolish the building, the board shall require the owner, lienholder
or mortgagee to regularly submit progress reports to the building
official to demonstrate that the owner, lienholder or mortgagee has
complied with the time schedules established for commencement and
performance of the work. The order may require that the owner, lienholder
or mortgagee appear before the board or the building official to:
a. Demonstrate compliance with the time schedules; and
b. If the owner, lienholder or mortgagee, owns property, including structures
and improvements on property within the city’s boundaries of
a value that exceeds $100,000.00, to post cash, a surety bond, a letter
of credit or third-party guaranty to cover the cost of the work ordered
by the board.
(c) Contents
of order.
The order of the board must contain at minimum:
(1) An identification, which is not required to be a legal description,
of the building and the property on which it is located;
(2) A description of each violation of minimum standards present in the
building; and
(3) A description of each of the ordered actions, including a statement
that the owner may repair, if determined feasible by the board, or
demolish or remove, the building at his option;
(4) A statement that the city will vacate, secure, remove or demolish
the building and/or relocate the occupants of the building if the
ordered action is not taken within the time allowed, and charge the
costs of such actions to the owner, and impose a lien against the
property for all such costs; and
(5) If the board has determined that the building will endanger persons
or property and that the building is a dwelling with ten or fewer
dwelling units, a statement that the city may repair the building
and charge the costs to the to the owner, and impose a lien against
the property if the ordered action is not taken within the time allowed.
(Ordinance 1943, § 1, 2-14-12)
(a) Order
shall be mailed.
After the public hearing, the building
official shall promptly mail, by certified mail, return receipt requested,
a copy of the order to the record owner of the building, and each
identified lienholder and mortgagee of the building.
(b) Order
shall be filed with city secretary.
Within ten days after
the date that the order is issued by the board, the building official
shall file a copy of the order in the office of the city secretary.
(c) Order
shall be published.
Within ten days after the date the
order is issued by the board, the building official shall publish
in a newspaper of general circulation within the city a notice containing:
(1) The street address or legal description of the property;
(2) The date the hearing was held;
(3) A brief statement indicating the results of the order; and
(4) Instructions stating where a complete copy of the order may be obtained.
(Ordinance 1943, § 1, 2-14-12)
(a) If the order is not complied with, the city may take action as provided herein. If the building is not vacated, secured, repaired, removed or demolished within the time specified by the order, the city may vacate, secure, repair, remove or demolish the building or relocate the occupants at its own expense; provided, however that remedial action by the city does not limit the ability of a municipality to collect on a bond or other financial guarantee that may be required by subsection
14-337(b)(4) of this article.
(b) Posting
of notice to vacate building.
If the order requires vacation
and if compliance is not had with the order within the time specified
therein, the building official is authorized to require that the building
be vacated. Notice to vacate shall be mailed by certified mail, return
receipt requested, to the occupant of the building and it shall be
posted at or upon each entrance to the building and shall be in substantially
the following form:
“SUBSTANDARD BUILDING
DO NOT ENTER
UNSAFE TO OCCUPY
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It is a misdemeanor to occupy this building or to remove or
deface this notice.
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____________________
Building Official
City of Euless”
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(c) Remedial
action by city.
Any repair, demolition work, or securing
of the building shall be accomplished and the cost thereof paid and
recovered in the manner hereinafter provided. Any surplus realized
from the sale of such building, or from the demolition thereof, over
and above the cost of demolition and cleaning of the lot, shall be
paid to the person or persons lawfully entitled thereto.
(d) Failure
to obey order.
Any person to whom an order pursuant to section
14-337 of this article is directed who fails, neglects or refuses to comply with such order shall be guilty of a misdemeanor and may be prosecuted in municipal court in addition to any other remedies available to the city provided herein.
(e) Interference
prohibited.
No person shall obstruct, impede or interfere
with any officer, employee, contractor or authorized representative
of the city or with any person who owns or holds any estate or interest
in the building which has been ordered repaired, vacated, demolished,
removed or secured under the provisions of this article; or with any
person to whom such building has been lawfully sold pursuant to the
provisions of this article, whenever such officer, employee, contractor
or authorized representative of the city, person having an interest
or estate in such building, or purchaser is engaged in the work of
repairing, vacating and repairing, or demolishing, removing or securing
any such building pursuant to the provisions of this article, or in
performing any necessary act preliminary to or incidental to such
work or authorized or directed pursuant to this article.
(f) Permit
required.
Any work of securing, repair, removal or demolition
by the property owner or any lienholder or mortgagee or their agents
must be performed pursuant to valid unexpired permits issued by the
city. All permits issued pursuant to an order of the board shall expire
upon expiration of the time for compliance set forth in the order.
(Ordinance 1943, § 1, 2-14-12)
(a) Procedure.
When any work of repair, removal, demolition or securing is
to be performed by the city pursuant to the provisions of any order
of the board, the work may be accomplished by city personnel or by
private contract as may be deemed necessary. Rubble and debris shall
be removed from any premises and the lot cleaned if removal or demolition
is ordered. The building or building materials may be sold if removal
or demolition is ordered, and the proceeds shall be used to offset
other costs of the work.
(b) Repair
to minimum standards only.
In the event repair by the
city is permitted by this article, the city may repair the building
at its own expense and assess the expenses on the land on which the
building stands or is attached to only to the extent necessary to
bring the building into compliance with minimum standards.
(Ordinance 1943, § 1, 2-14-12)
(a) Costs.
The cost of any work to repair, remove, demolish, or secure
a building shall be paid from city funds and shall constitute a special
assessment and a lien against such property to secure payment thereof,
together with ten percent interest on such amount from the date on
which the work is performed; provided, however that no lien may be
filed against a homestead protected by the Texas Constitution.
(b) Itemized
account and notice of lien.
The building official shall
keep an itemized account of the expenses incurred by the city in the
securing, repair, removal or demolition of any building pursuant to
this article. Upon completion of the work, the building official shall
prepare and file with the city secretary a sworn account and notice
of lien containing the following information:
(1) The name and address of the owner if that information can be determined
with a reasonable effort;
(2) A legal description of the real property on which the building is
or was located;
(3) The type of work performed; and
(4) The amount of expenses incurred by the city in performing the work
and the balance due.
(c) Notice
filed in county records.
The city secretary shall file
the notice of lien along with a copy of the order of abatement issued
by the board in the official public records of real property in the
county.
(d) Personal
obligation of property owner.
The expenses incurred by
the city as set forth in the sworn account of the building official
shall be a personal obligation of the property owner in addition to
a priority lien upon the property. The city attorney may bring an
action in any court of proper jurisdiction against the owner or property
to recover the costs incurred by the city.
(e) Lien
shall be valid and privileged.
Upon filing of the notice
of lien in the official public records of real property in the county,
the lien shall be valid against the property so assessed. The lien
shall be privileged and subordinate only to tax liens and shall be
paramount to all other liens. The lien shall continue until the assessment
and all interest due and payable thereon has been paid.
(f) Assessment
must be paid.
No utility service, building permit or
certificate of occupancy shall be allowed on any such property until
the assessment is paid and such lien is released by the city.
(g) Release
of lien.
After the expenses incurred by the city, as
set forth in the sworn account of the building official, have been
fully paid with interest of ten percent per annum from the date the
work was performed, the building official shall execute a release
of lien which shall be filed in the official public records of real
property in the county.
(Ordinance 1943, § 1, 2-14-12)
(a) Securing
of unoccupied, substandard building.
Notwithstanding
any other provisions of this article, the city may secure a building
if the building official determines:
(1) That the building violates the minimum standards set forth in this
article; and
(2) That the building is unoccupied or is occupied only by persons who
do not have the right of possession of the building.
(b) If
building creates immediate danger.
Notwithstanding any
other provisions of this article, if the building official finds that
a building is likely to immediately endanger persons or property the
building official may:
(1) Order the owner of the building, or the owner or occupant of the
property on which the building is located, to repair, remove, or demolish
the building, or the dangerous part of the building, within a specified
time; or
(2) Repair, remove, or demolish the building, or the dangerous part of
the building, at the expense of the city, on behalf of the owner of
the building or the owner of the property on which the building is
located, and assess the repair, removal, or demolition expenses on
the property on which the building was located.
(c) Notice
of action.
Before the 11th day after the date the building is secured pursuant to subsection
14-342(a) above, or action is ordered pursuant to subsection
14-342(b)(1) above, or the building is repaired, removed or demolished pursuant to subsection
14-342(b)(2) above, the building official shall give notice to the owner by:
(1) Personally serving the owner with written notice; or
(2) Depositing the notice in the United States mail addressed to the
owner at the owner’s post office address; or if personal service
cannot be obtained and the owner’s post office address is unknown,
by:
a. Publishing the notice at least twice within a ten-day period in a
newspaper of general circulation in the county; and
b. Posting the notice on or near the front door of the building if personal
service cannot be obtained and the owner’s post office address
is unknown; and
In addition to the above, the building official shall deposit
notice in the United States mail to all lienholders and mortgagees
who can be determined from a reasonable search of instruments on file
in the office of the county clerk.
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(d) Notice.
The notice must contain:
(1) An identification, which is not required to be a legal description,
of the building and the property on which it is located;
(2) A description of each of the violations of the minimum standards
present in the building;
(3) A statement that the city will secure or has secured, as the case may be, the building, or that the city has taken or will take the action ordered pursuant to subsection
14-342(b) above;
(4) An explanation of the owner’s entitlement to request a hearing
about any matter relating to the city’s securing, removing,
demolishing or repairing of the building.
(e) Hearing.
The board shall conduct a hearing at which the owner, lienholder and mortgagee may testify or present witnesses or written information about any matter relating to the city’s securing, repairing, removing or demolishing of the building, if, within 30 days after the date the city has taken action pursuant to subsections
14-342(a) or
(b) above, the owner, lienholder or mortgagee files with the city a written request for the hearing. The hearing shall be conducted within 20 days after the date the request is filed.
(f) Lien.
If the city incurs expenses under this section, such expenses incurred shall be a personal obligation of the property owner in addition to a priority lien upon the property, and costs shall be recovered as provided by section
14-341 of this article.
(g) Violation.
It shall be unlawful to fail to comply with an order issued
pursuant to this section.
(Ordinance 1943, § 1, 2-14-12)
(a) If
unsanitary conditions create danger.
Notwithstanding
any other provisions of this article, if the building official determines
that the interior of a building is in such an unsanitary condition
as to be unfit for human occupancy because of trash, garbage, filth,
vermin or rat infestation, an accumulation of animal or human urine
or feces, mold, any condition that could likely harbor or spread disease,
or any other condition that is to likely to endanger the health and
safety of occupants or citizens of the City, then the building official
shall order the building immediately vacated and secured from entry
and occupation.
(b) Notice
of hearing.
At the time a building is vacated pursuant to this section, the building official shall personally serve all occupants with written notice of a right to request a hearing with the city manager. The city manager shall conduct a hearing at which the occupant or the occupant’s representative may testify or present witnesses or written information about any matter relating to the city’s vacating and securing of the building, if, within 30 days after the date the city has taken action pursuant to subsection
14-343(a) above, the occupant or the occupant’s representative files with the city manager’s office a written request for the hearing. Written requests for a hearing may only be filed Monday through Thursday during normal city business hours, and the hearing shall be conducted within 24 hours after the date the written request is filed. The city manager will preside over the hearing; however, in the event the city manager is unable to preside, the deputy city manager shall preside, and in the event the deputy city manager is unable to preside, the assistant city manager shall preside.
(c) Hearing.
After considering all information and facts presented, the city
manager or his replacement shall make a determination and issue an
order instructing the building official to do any of the following:
(1) Reverse the order to vacate and secure the building.
(2) Modify the duration of the order to vacate and secure if the occupant
or the occupant’s representative provides evidence that the
interior of a building can be brought into compliance with the minimum
standards of this article.
(3) Continue to enforce the order vacating and securing the building
until a hearing is set with the board.
(4) Initiate proceedings pursuant to Section
14-336 of this article.
(d) Violation.
It shall be unlawful to fail to comply with an order issued
pursuant to this section.
(Ordinance 1943, § 1, 2-14-12)
(a) Any
owner, lienholder, or mortgagee jointly or severally aggrieved by
a board order issued under this article may file in district court
a verified petition setting forth that the order is illegal, in whole
or in part, and specifying the grounds of the illegality. The petition
must be filed by an owner, lienholder, or mortgagee within 30 calendar
days after the respective dates a copy of the final order of the board
is mailed to them by certified mail with return receipt requested,
or such order shall become final as to each of them upon the expiration
of each such 30 calendar day period.
(b) On
the filing of the petition, the court may issue a writ of certiorari
directed to the city to review the order of the board and shall prescribe
in the writ the time within which a return on the writ must be made,
which must be longer than ten days, and served on the relator or the
relator’s attorney.
(c) The
city may not be required to return the original papers acted on by
it, but it is sufficient for the city to return certified or sworn
copies of the papers or of parts of the papers as may be called for
by the writ.
(d) The
return must concisely set forth other facts as may be pertinent and
material to show the grounds of the order appealed from and shall
be verified.
(e) The
issuance of the writ does not stay proceedings on the order appealed
from.
(f) Appeal
in the district court shall be by trial de novo. The court may reverse
or affirm, in whole or in part, or may modify the order brought up
for review.
(g) Costs
may not be allowed against the city.
(h) If
the order of the board is affirmed or not substantially reversed but
only modified, the district court shall allow to city all attorney’s
fees and other costs and expenses incurred by it and shall enter a
judgment for those items, which may be entered against the property
owners, lienholders, or mortgagees as well as all persons subject
to the proceedings before the board.
(Ordinance 1943, § 1, 2-14-12)
(a) Civil
penalty authorized.
In addition to any other enforcement authority provided for by law, the board may, by order, approved after a hearing, assess a civil penalty against a property owner as provided for herein for failure to comply with an order issued by the board pursuant to section
14-337 of this article.
(b) Showing
required.
The civil penalty may be assessed if it shown
at the hearing that:
(1) The property owner was notified of the contents of the order issued pursuant to section
14-337 of this article; and
(2) The property owner committed an act in violation of the order or
failed to take an action necessary for compliance with the order.
(c) Amount
of penalty.
The civil penalty may be assessed in an amount
not to exceed $1,000.00 per day for each violation or, if the owner
shows that the property is the owner’s lawful homestead, in
an amount not to exceed ten dollars per day for each violation.
(d) Notice
of hearing.
Not less than ten days prior to the date
on which the hearing is set, the property owner shall be sent a notice
of the hearing by certified mail/return receipt requested. The notice
shall contain:
(1) A copy of the order issued by the board pursuant to section
14-337 of this article;
(2) A statement that the building official has determined that the property
owner committed an act in violation of that order, or failed to take
an action necessary for compliance with that order, together with
a description of the acts that violated the order, or a description
of what actions the owner failed to take that were necessary for compliance
with the order;
(3) A statement that at the hearing the board may assess a civil penalty
not to exceed $1,000.00 per 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 per day for each violation; and
(4) Notice of the time and place of the hearing.
(e) Copy
of order filed with district clerk.
If a civil penalty
is assessed, the city secretary shall file with the district clerk
of the county in which the property is located, a certified copy of
the order assessing the civil penalty stating the amount and duration
of the penalty.
(f) Enforcement.
The civil penalty may be enforced by the city in a suit brought
by the city in a court of competent jurisdiction for a final judgment
in accordance with the assessed penalty. A civil penalty under this
subsection is final and binding and constitutes prima facie evidence
of the penalty in any suit.
(Ordinance 1943, § 1, 2-14-12)
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 building or structure where it is apparent
that the immediate demolition of such building or structure is necessary
to the protection of life, property or general welfare of the people
in the city.
(Ordinance 1943, § 1, 2-14-12)