The following terms, when used in this article, shall have the meanings set forth below:
Minimum standards.
The criteria used for determining whether a building may be the subject of one or more of the remedies provided in this article. The criteria are:
(1) 
A building does not meet the minimum standards (referred to herein as the “minimum standards”) if any one or more of the following conditions exists with respect to that building or any part thereof:
(A) 
It is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare as defined in the definition of “substandard building” in this section;
(B) 
Regardless of its structural conditions, it is unoccupied by its owners, lessees, or other invitees and is unsecured from authorized 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; or
(C) 
It is boarded up, fenced, or otherwise secured in any manner if:
(i) 
The building constitutes a danger to the public even though secured from entry; or
(ii) 
The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by subsection (B).
(2) 
A building or structure does not meet minimum standards if it is likely to endanger persons or property.
Structure.
Any bulkhead, fence, shed, awning, or other structure, or any part of a structure.
Substandard building.
A building is “dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare” pursuant to subsection (1) in the definition of “minimum standards” above if any one or more of the following conditions exist with respect to that building or any part thereof:
(1) 
Whenever any door, aisle, passageway, stairway or other means of exit from a structure 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, for all persons housed or assembled therein who would be required to, or might, use such door, aisle, passageway, stairway or other means of exit.
(2) 
Whenever any portion or member or appurtenance of a building is likely to fall, or to become detached or dislodged, or to collapse, and thereby injure persons or damage property.
(3) 
Whenever any portion of a structure, 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, as to be capable of resisting a normal wind pressure.
(4) 
Whenever any portion of a structure has settled to such an extent that the walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction.
(5) 
Whenever a building, or any portion thereof, because of dilapidation, deterioration, decay, or faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting same, or some other cause, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.
(6) 
Whenever for any reason whatsoever a building, or any portion thereof, is manifestly unsafe for the purpose for which it is used.
(7) 
Whenever the exterior walls or other vertical structural members of a structure list, lean or buckle to such an extent that a plumbline passing through the center of gravity does not fall inside the middle third of the base.
(8) 
Whenever a building, exclusive of the foundation, shows thirty-three percent (33%) or more damage or deterioration to the member or members, or fifty percent (50%) or more damage or deterioration of a nonsupporting enclosing or outside wall or covering.
(9) 
Whenever a building has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor to vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful or immoral acts.
(10) 
Any building which has been constructed or which now exists or is maintained in violation of any specific requirement or prohibition, applicable to such building, of the building regulations and the fire prevention code of the city, when so determined and reported by any law or ordinance of this state or city relating to the condition, location or construction of such building.
(11) 
Any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than fifty percent (50%), or in any supporting member less than sixty-six percent (66%), of the strength, fire-resisting qualities or characteristics or weather-resisting qualities or characteristics required by law or ordinance in the case of a newly constructed building of like area, height and occupancy in the same location.
(12) 
Whenever a building, used or intended to be used as a dwelling, because of dilapidation, decay, damage, or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease, when so determined by the health officer, or is likely to work injury to the health, safety or general welfare of those living within or in areas near the building.
(13) 
Whenever a building, used or intended to be used as a dwelling, has light, air, and sanitation facilities inadequate to protect the health, safety, or general welfare of the persons living within or the persons who intend to occupy the dwelling.
(14) 
Whenever any building, by reason of obsolescence, dilapidated conditions, deterioration, damage, electric wiring, gas connection, heating apparatus, or other cause, is in such condition to be a fire hazard or is so situated as to provide a ready fuel supply to augment the spread and intensity of fire arising from any cause.
(15) 
Whenever any building is likely to provide breeding places and habitat for snakes, rats, mice and other vermin.
(16) 
Failure of a building to comply with any provision of the building code, the electrical code or the fire prevention code of the city or any applicable statute or regulation of any governmental entity.
(17) 
Inadequate maintenance, neglect, decay, dilapidation, obsolescence or abandonment of a building.
(2004 Code, sec. 3.02.001)
(a) 
Order by city council.
The city may, by order of the city council and in accordance with the procedures set forth in this section:
(1) 
Require the vacation, relocation of occupants, securing, repair, removal, or demolition of a building that does not meet the minimum standards; or
(2) 
Require the repair, removal or demolition of any structure when it finds that such structure is likely to endanger persons or property.
(b) 
Complaint process.
Any person, including any elected or appointed officer or employee of the city, may file a complaint with the city requesting that a building or structure be declared in violation of the minimum standards. The complaining party is permitted, but is not required, to contact the owner of the building or structure and to engage in informal negotiations in an effort to reach an agreement which provides for the abatement of such violation or violations prior to filing a complaint with the city. A complaint shall be heard, and a determination on such complaint made, by the city council in open session.
(c) 
Notice of hearing.
When a complaint is filed, the city shall provide written notice to the owner, lienholder or mortgagee of the subject building or structure as follows:
(1) 
Contents.
The notice must contain:
(A) 
An identification, which is not required to be a legal description, of the building or structure and the property on which it is located;
(B) 
A description of the violation of minimum standards that is present at the building or structure;
(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 the minimum standards and the time it will take to reasonably perform the work.
(2) 
Method of service to owner.
The notice to the owner required by this subsection (c) shall be sent as follows:
(A) 
If the owner has provided the city with an address for notices, the notice shall be sent to that address.
(B) 
If the owner has not provided the city with an address for notices, the notice shall be sent to the address for the owner shown in the latest property tax rolls of the city for the subject building or structure and to the address of the subject building or structure if the owner’s address on the property tax rolls is different from the address of the subject building or structure.
(C) 
All notices mailed to the owner shall be forwarded by certified mail, return receipt requested. In addition, the notice shall be posted on the subject building or structure.
(D) 
In addition to the above, depositing 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. If the required notice is mailed and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice shall be deemed as delivered.
(3) 
Method of service to lienholder or mortgagee.
The city shall make a diligent effort to discover each mortgagee and lienholder with respect to the subject building or structure and property by a search of the records of the county clerk with respect to the property on which the subject building or structure is located. Notice shall be sufficient if sent by the city to the mortgagee or lienholder or servicing agent set forth in:
(A) 
The deed of trust or mortgage relating to the real property on which the subject building or structure is located; or
(B) 
The latest transfer of lien or notice of assignment of such deed of trust or mortgage filed in the records of the county clerk as of the date the notice is mailed.
This notice shall be sent by certified mail, return receipt requested.
(4) 
Timing of notice.
The notice to the owner, lienholder or mortgagee required by this subsection shall be mailed and posted at least seven (7) days prior to the date and time of the hearing.
(d) 
Hearing.
The hearing shall be before the city council. At the hearing, the city council shall hear evidence and determine whether the building or structure complies with the minimum standards. The owner, lienholder or mortgagee has the burden of proof at the hearing to demonstrate the scope of any work that may be required to comply with the minimum standards and the time it will take to reasonably perform the work.
(e) 
Contents of order.
(1) 
Action that may be required.
After the public hearing, if a building or structure is found in violation of the minimum standards, the city may order that the building or structure or any part thereof be vacated, secured, repaired, removed, or demolished by the owner within a reasonable time as provided by this subsection. The city may also order that the occupants be relocated within a reasonable time. If the lienholder or mortgagee has been given notice and an opportunity to comment at the hearing, the city council’s order may specify an additional reasonable time for the building or structure to be vacated, secured, repaired, removed, or demolished by the lienholder or mortgagee or for the occupants to be relocated by the lienholder or mortgagee in the event the owner fails to comply with the order within the time specified in the order for action by the owner.
(2) 
Thirty-day time limit for completing work.
The city shall require the owner, lienholder, or mortgagee of the building or structure within 30 days to secure the building or structure from unauthorized entry or to repair, remove, or demolish the building or structure, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days.
(3) 
Requirements if more than thirty days allowed to complete work.
The city shall not allow the owner, lienholder or mortgagee more than 30 days to repair, remove, or demolish the building or structure unless the city by its order will establish a specific time schedule for the commencement and performance of the work and shall, by its order, require the owner, lienholder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed.
(4) 
Requirements if more than ninety days allowed to complete work.
The city shall not allow the owner, lienholder or mortgagee more than 90 days to repair, remove, or demolish the building or structure or fully perform all work required to comply with the order unless the owner, lienholder, or mortgagee (i) submits a detailed plan and time schedule for the work at the hearing and (ii) establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work. If the owner, lienholder or mortgagee is granted more than 90 days to complete the required work, the city shall require the owner, lienholder or mortgagee to regularly submit progress reports to the city 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 city council or its designee to demonstrate compliance with the time schedules.
(f) 
Notice of entry of order.
(1) 
Filing of order with city secretary.
Within 10 days after the date that the order is issued, the city shall cause a copy of the order or the original order to be filed with the city secretary.
(2) 
Publication of notice.
Within 10 days after the date that the order is issued, the city shall publish in the official newspaper of the city a notice containing:
(A) 
The street address or legal description of the subject property;
(B) 
The date of the hearing;
(C) 
A brief statement indicating the results of the order; and
(D) 
Instructions stating where a complete copy of the order may be obtained.
(3) 
Mailing of copy of order.
After the hearing, the city shall promptly mail by certified mail, return receipt requested, a copy of the order to the owner of the building or structure and to any lienholder or mortgagee of the building or structure. This mailing shall be sent to the address of the owner and mortgagee or lienholder, respectively, determined in accordance with subsection (c) above.
(4) 
Filing of notice with county clerk.
In addition to the notice specified above, the city may also file a notice meeting the requirements of subsection 214.001(e) of the Texas Local Government Code in the official public records of the county clerk to provide notice to any subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after the filing of the notice with the county clerk.
(g) 
Action by city upon failure to comply with order; assessment of expenses; civil penalty.
(1) 
Notice of possible action.
If the owner, lienholder or mortgagee does not fully and completely comply with the order within the time allowed by the order, the city shall send a notice to the owner and any lienholder or mortgagee that the city may, within 10 days of the date such notice is mailed, take one or more of the following actions:
(A) 
Vacate, secure, remove, or demolish the building or structure or relocate the occupants at its own expense and assess the costs incurred against the property on which the building or structure is or was located; or
(B) 
Repair the building or structure at the expense of the city and assess the expenses on the land on which the building or structure stands or to which it is attached; and/or
(C) 
Assess a civil penalty not to exceed $1,000.00 per day for each violation or $10.00 per day for each violation if the owner shows that the property is the owner’s lawful homestead.
(2) 
Request for hearing.
The owner, lienholder or mortgagee may request a hearing for the purpose of explaining any delay in complying with the order and to request additional time to comply with the order. Any such request must be made not later than 10 days after the date the notice referred to in subsection (g)(1) is mailed or sent. Upon receipt of such a request, the mayor shall schedule a hearing before the city council at the earliest time practical.
(3) 
City’s right to secure building or structure prior to hearing.
Prior to the hearing, the city may secure the subject building or structure in accordance with section 3.03.004 of this article.
(4) 
Action as result of hearing.
Following the hearing, the city may take the following action:
(A) 
The city may grant the owner, lienholder or mortgagee additional time to complete the work required by the order, and the revised order shall meet the following requirements:
(i) 
If the additional time granted and the time originally permitted exceeds the time limits set forth in subsection (e)(2), (3) or (4), then the city’s order shall contain the requirements set forth in those subsections; and
(ii) 
The revised order shall specify that the city will have the right, in its sole discretion, to take any one or more of the actions specified in subsection (g)(1)(A), (B) or (C) above without further notice to the owner, lienholder or mortgagee.
(B) 
The city may deny the owner, lienholder or mortgagee additional time to complete the work required by the order and the city may take any one or more of the actions specified in subsection (g)(1)(A), (B) or (C) above.
(5) 
Notice of order.
The city shall send notice of the order entered pursuant to subsection (g)(4) to the owner, lienholder or mortgagee in the manner specified for sending notices pursuant to subsections (c)(2) and (3) above. Other than securing the subject building, the city will take no action until the expiration of 10 days from the date such notice is sent to the owner, lienholder or mortgagee.
(h) 
Restrictions on repairs by city.
The city may repair a building under subsection (g) above only to the extent necessary to bring the building into compliance with the minimum standards and only if the building is a residential building with 10 or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds the minimum housing standards set forth in the city’s building code.
(i) 
Interest on civil penalty or assessment.
Any civil penalty or other assessment imposed under subsection (g) above shall accrue interest at the rate of 10 percent per annum from the date of the assessment until paid in full.
(j) 
Lien for abatement costs.
If the city incurs expenses in vacating, securing, removing or demolishing the building or relocating the occupants, the city may assess the expenses on and shall have a lien against the property on which the building is or was located, unless it is a homestead protected by the state constitution. The lien arises and attaches to the property at the time the notice of the lien is recorded in the office of the county clerk. The notice of lien shall contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building is or was located, the amount of expenses incurred by the city and the balance due. This lien shall be a privileged lien subordinate only to tax liens unless notice has not been given to the lienholder or mortgagee of the property.
(2004 Code, sec. 3.02.003)
(a) 
Authority.
The city may secure any building it determines:
(1) 
Violates the minimum standards; and
(2) 
Is unoccupied or is occupied only by persons who do not have a right of possession of the building.
(b) 
Service of notice.
Before the 11th day after the date the building is secured, the city shall give notice to the owner by one or more of the following means:
(1) 
Personally serving the owner with written notice;
(2) 
Depositing the notice in the United States mail addressed to the owner at the owner’s post office address determined in the manner specified in section 3.03.003(c)(2);
(3) 
Publishing the notice at least twice within a 10-day period in the official newspaper of the city if personal service cannot be obtained and the owner’s post office address is unknown; or
(4) 
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.
(c) 
Contents of 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 the violation of the minimum standards that is present at the building;
(3) 
A statement that the city will secure or has secured, as the case may be, the building; and
(4) 
An explanation of the owner’s right to request a hearing about any matter relating to the municipality’s securing of the building.
(d) 
Hearing.
If, within 30 days after the date the city secured the building, the owner files with the city secretary a written request for a hearing, the city will conduct a hearing. The hearing will be within 20 days after the date the request is filed. At the hearing, the owner may testify or present witnesses or written information about any matter relating to the city’s securing of the building.
(e) 
Assessment of city’s expenses; lien.
If the city incurs expenses in securing a building pursuant to this section, the city may assess those costs or expenses against the property, and shall have a lien against the property, in the same manner provided in section 3.03.003(j).
(2004 Code, sec. 3.02.004)
(a) 
Applicability.
This section shall be effective only if the city is designated as a certified local government by the state historic preservation officer as provided by 16 U.S.C. section 470 et seq. at the time a complaint is filed pursuant to section 3.03.003.
(b) 
Review by historic preservation board.
In accordance with section 214.00111 of the Texas Local Government Code, the city’s historic preservation board may review any building which is the subject of a complaint pursuant to section 3.03.003(b) of this code to determine whether such building can be rehabilitated and designated: (i) on the National Register of Historic Places, (ii) as a recorded state historic landmark, or (iii) as historic through a municipal historic designation. If the historic preservation board undertakes the review of a building, the board shall submit a written report to the city council indicating the results of its review before the public hearing described in section 3.03.003(d) of this article.
(c) 
Action by city following review.
If the historic preservation board report determines that the building may not be rehabilitated and designated as historic property, the city may proceed as provided in section 3.03.003 of this article. If the historic preservation board report determines that the building may be rehabilitated as historic property, the city may not permit demolition of the building for at least 90 days after the date the report is submitted. During said 90-day period the city shall notify the owner and attempt to identify a feasible alternative use for the building or locate an alternative purchaser to rehabilitate and maintain the building. If the city is unable to locate the owner or if the owner does not respond within the 90-day period, the city may appoint a receiver as provided by section 214.003 of the Texas Local Government Code.
(d) 
Demolition of building.
The city may require the demolition of a building the subject of this section if, after the expiration of the 90-day period, the city is unable to:
(1) 
Identify a feasible alternative use for the building;
(2) 
Locate an alternative purchaser to rehabilitate and maintain the building; or
(3) 
Appoint a receiver for the building as provided by section 214.003 of the Texas Local Government Code.
(2004 Code, sec. 3.02.005)