All buildings or structures of any nature, including any trailer houses or mobile homes, outbuildings or swimming pools as defined in this code, that are found to be dangerous structures or buildings or dilapidated buildings or buildings calculated to increase the fire hazard, that could injure, hurt, or harm individuals or which endanger health, and which have any one or all of the following defects, shall be deemed dangerous buildings:
(1) 
Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
(2) 
Those which, exclusive of the foundation, show thirty-three percent or more of damage or deterioration of the supporting member or members or fifty percent of damage or deterioration of the nonsupporting enclosure or outside walls or covering.
(3) 
Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
(4) 
Those which have been damaged by fire, wind, or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the city.
(5) 
Those which have become or are so dilapidated, decayed, unsafe, or unsanitary, or which utterly fail to provide amenities essential to decent living, so that they are unfit for human habitation or are likely to cause sickness or disease so as to work injury to the health, morals, safety, or general welfare of those living therein.
(6) 
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
(7) 
Those which, because of their condition, are unsafe, unsanitary, or dangerous to the health, safety, or general welfare of the people of this city.
(8) 
Those which have a foundation that is not so free of holes, cracks, buckling, crumbling, and defects as to support adequately the dwelling structure.
(9) 
Those which do not have a floor, exterior wall and roof that is so free of holes, cracks, and loose, rotten, warped or protruding boards as to protect the occupants of the dwelling or dwelling unit reasonably from weather elements and from danger of collapse.
(10) 
Those which do not have interior walls and ceilings that are so free of holes, cracks, loose plaster, loose and baggy wallpaper, defective materials, and structural deterioration as to reasonably serve their purpose and as to protect the occupants of the structure from danger of collapse and of fire.
(11) 
Those buildings existing in violation of any provision of the building code of the city, or any provision of the city fire code or other ordinances of the city.
(1995 Code, sec. 3-50)
All dangerous buildings within the terms of section 3.11.001 are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided in this article.
(1995 Code, sec. 3-51)
The following standards shall be followed by the building official, the fire marshal, and the building and standards commission, under the terms of this article, in ordering repair, vacation or demolition:
(1) 
If the dangerous building can reasonably be repaired so that it will no longer exist in violation of this article, it shall be ordered repaired.
(2) 
If the dangerous building is in such a condition as to make it dangerous to the health, safety, morals or general welfare of its occupants, it shall be ordered to be vacated.
(3) 
In any case where a dangerous building is fifty percent or more damaged, decayed or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this article, it shall be demolished. In all cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this article or any ordinance of the city or statutes of the state, it shall be demolished. Included in the term “demolished” in this article is the cleaning of the property and removing of all debris and trash.
(1995 Code, sec. 3-52; Ordinance 2022-08-00534 adopted 8/4/2022)
The duties of the building official or fire marshal under this article shall be as follows:
(1) 
Inspect or cause to be inspected annually all public buildings, schools, halls, churches, theaters, hotels, multifamily residences, and commercial manufacturing or loft buildings for the purpose of determining whether any conditions exist which render such places a dangerous building.
(2) 
Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this article.
(3) 
Inspect any building, wall or structure reported by the fire or police departments of the city as probably existing in violation of the terms of this article.
(4) 
Notify in writing, by certified mail, the owner, occupant, lessee, mortgagee, agent, and all other persons having an interest in such building as shown by the city’s tax roll or the deed records of the county clerk, of any building found by them to be a dangerous building, stating that:
(A) 
The owner shall vacate or repair or demolish the building in accordance with the terms of the notice and this article;
(B) 
The occupant or lessee shall vacate the building or may have it repaired in accordance with the notice and remain in possession;
(C) 
The mortgagee, agent or other person having an interest in the building as shown by the deed records of the county clerk may, at his own risk, repair, vacate or demolish the building or have such work or act done;
provided that any person notified under this subsection to repair, vacate or demolish any building shall be given such reasonable time, not exceeding 90 days, as may be necessary to do or have done the work or act required by the notice provided for herein.
(5) 
Set forth in the notice provided for in subsection (4) of this section a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this article within such length of time, not exceeding 90 days, as is reasonable.
(6) 
Report to the city council in its capacity as building commission any noncompliance with the notice provided for in subsections (4) and (5) of this section.
(7) 
Appear at all hearings conducted by the city council in its capacity as building commission and testify as to the conditions of dangerous buildings.
(8) 
Place a notice on all dangerous buildings upon determination, reading as follows:
“This building has been found to be a dangerous building by the City of Lucas Building Official and Fire Marshal. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee, or agent of this building, and all other persons having an interest in said building as shown by the Deed Records in the office of the County Clerk of Collin County, Texas. It is unlawful to remove this notice until such notice is complied with.”
(1995 Code, sec. 3-54)
(a) 
The duties of the building and standards commission under this article shall be as follows:
(1) 
Upon receipt of a report of the building official and fire marshal as provided for in subsection (6) of section 3.11.004, written notice by certified mail is to be given to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in the building as shown by the deed records of the county clerk’s office to appear before the building and standards commission on a date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the building official’s and fire marshal’s notice provided for in subsection (5) of section 3.11.004.
(2) 
Hold a hearing and hear such testimony as the building official and fire marshal and the owner, occupant, mortgagee, lessee or any other person having an interest in the building as shown by the deed records of the county clerk’s office shall offer relative to the determination of the question of whether the building or structure in question is a dangerous building.
(3) 
Make written findings of fact from the testimony offered pursuant to subsection (a)(2) of this section as to whether or not the building in question is a dangerous building.
(4) 
Upon a determination that the building or structure in question does constitute a dangerous building, issue an order based upon findings of fact made pursuant to subsection (a)(3) of this section commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in the building as shown by the deed records of the county clerk’s office to repair, vacate or demolish any building found to be a dangerous building within the terms of this article.
(b) 
If, at the expiration of 60 days from a determination by the building and standards commission that a building or structure is to be demolished, the same has not been destroyed, it may be demolished at the expense of the owner thereof by the city or its contractor. The materials of such building shall be sold and the net cost of the demolition shall be charged to the owner and, if any balance remains, it shall be held for the owner or any other parties entitled thereto. If the cost of the demolition exceeds the value of the materials of such building, such excess shall be charged as a lien upon the real property on which the building is situated and the city may file suit to foreclose and satisfy the lien to the extent allowed by law.
(1995 Code, sec. 3-55; Ordinance 2022-08-00534 adopted 8/4/2022)
In cases, save those that constitute a clear and present danger as determined by the fire marshal and/or building official, where the owner, occupant, lessee or mortgagee is absent from the city, all notices or orders provided for in this article shall be sent by certified mail to the owner, occupant, mortgagee, lessee, and all other persons having an interest in the building as shown by the deed records of the county clerk’s office, to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the building or structure in question. Such mailing and posting shall be deemed sufficient notice for the building commission to hold its hearing.
(1995 Code, sec. 3-56; Ordinance adopting Code)