The City of Hillsboro hereby declares every substandard building
or structure as herein defined, to be a public nuisance and as such,
subject to repair, vacation, removal or demolition for the purpose
of abating such nuisance in order to protect the health, safety and
welfare of the citizens of the City of Hillsboro.
(Ordinance 94-12-20 adopted 12/20/94)
The purpose of this article is to protect the health, welfare
and safety of the citizens of the City of Hillsboro by establishing
minimum standards governing the construction, use, occupancy and maintenance
applicable to all residential and commercial structures. Minimum standards
are established with respect to utilities, facilities and physical
components essential to ensuring a structure be safe, sanitary and
fit for human use and habitation. Demolition of structures is provided
for as a last resort, when compliance with standards cannot be achieved.
This article is remedial and essential to the public welfare, and
thus it is intended that this article be liberally construed to effect
its purpose. All structures within the corporate limits of the City
of Hillsboro on the effective date of this article, or constructed
thereafter, must comply with the provisions of this article.
(Ordinance 94-12-20 adopted 12/20/94)
For the purposes of this article, the following terms and phrases
shall have the meaning ascribed to them in this section, with the
exception of where the context clearly and unambiguously indicates
a different meaning:
The City of Hillsboro
The building and standards commission, established herein
and appointed by the city council.
An individual or individuals, from time to time designated
by the city manager to carry out the inspection, regulation, enforcement
and all other provisions of this article.
All buildings or structures which are: unsafe, unsanitary
or unfit for human use or habitation; or not provided with adequate
egress; or which constitute a fire hazard; or are otherwise dangerous
to human life; or which, in relation to an existing use, constitute
a hazard to safety or health by reason of inadequate maintenance,
dilapidation, obsolescence or abandonment.
(Ordinance 94-12-20 adopted 12/20/94)
All building or structures shall be deemed substandard buildings
if they have any or all of the following defects:
(1)
buildings
or structures which are in danger of collapse because of dilapidation,
deterioration, decay or structural inadequacy;
(2)
buildings
or structures which do not have sufficient and adequate plumbing systems
to conform with the requirements of the ordinances of the City of
Hillsboro;
(3)
buildings
or structures which do not have sufficient and adequate electrical
systems to conform with the requirements of the ordinances of the
City of Hillsboro.
(4)
buildings
or structures which do not have sufficient and adequate natural or
propane gas systems to conform with the requirements of the ordinances
of the City of Hillsboro.
(5)
buildings
or structures which do not conform with the construction standards
and requirements of the ordinances of the City of Hillsboro.
(6)
buildings
or structures which constitute a fire hazard or which do not have
sufficient and adequate fire protection and prevention systems to
conform with the requirements of the ordinances of the City of Hillsboro.
(7)
buildings
or structures constructed or maintained in such a manner as to constitute
a menace to health or safety, including all conditions conducive to
the harboring of rats, mice or other disease carrying animals or insects
reasonably calculated to spread diseases.
(Ordinance 97-01-04 adopted 1/21/97)
For the purposes of enforcement of this article, Chapter 54,
Subchapter C of the Texas Local Government Code and Chapter 214, Subchapter
A of the Local Government Code, including any amendments thereto which
may from time to time occur, are hereby adopted by reference as though
set out at length herein.
(Ordinance 97-01-04 adopted 1/21/97)
The city manager shall, from time to time as he deems necessary,
designate officials to carry out the inspection, regulation, enforcement
and all other provisions of this article.
(Ordinance 97-01-04 adopted 1/21/97)
Pursuant to the authority vested by Chapter 54, Subchapter C
of the Texas Local Government Code, as adopted by this article, a
building and standards commission is herein created. The building
and standards commission shall be composed of five regular members,
appointed to serve for two-year terms. In making the initial appointments,
the city council shall appoint two regular members for one-year terms,
and the remaining members for two-year terms. Thereafter, all appointments
to the commission shall be for two-year terms. The city council may
remove a commission member for cause on a written charge. If requested
by the commission member, a public hearing shall be heard on the removal
action. The city council may provide for the appointment of alternate
members of the commission to serve in the absence of one or more regular
members. Any alternate members shall serve for the same period as
regular members and are subject to removal in the same manner. The
commission shall appoint from its members a chairperson who shall
serve in such capacity for a term of one year.
(Ordinance 97-01-04 adopted 1/21/97)
The official or officials designated pursuant to this article,
shall have the right to inspect any building or structure to determine
whether conditions exist which render the building or structure substandard,
as defined in Section 3.1504. Cause for inspection may be based on
any of the following:
(1)
A complaint
filed by any person;
(2)
A report
filed by the police department, fire department, or any other city
department, relating to any building or structure which is or may
be substandard, as defined in Section 3.1504; or
(3)
General
information or knowledge about the building or structure.
(Ordinance 97-01-04 adopted 1/21/97)
If the official upon conducting an inspection, deems the building
to be uninhabitable and potentially dangerous, he shall place a placard
on the structure with appropriate warnings. No person shall enter
or occupy any building posted with such a placard and it shall be
a violation of this article to do so. In addition, it shall be a violation
of article to deface, destroy or remove any such placard.
(Ordinance 97-01-04 adopted 1/21/97)
(a)
Investigative
Finding.
Upon completion of an inspection, as authorized
by Section 3.1508, the official shall make investigative findings
which result in a determination regarding the condition of the building
or structure. If the official finds that the building or structure
is a substandard building, as described in Section 3.1504; the official
shall prepare a case to go before the commission.
(b)
Notice
to Property Owner.
The official shall be required to
give notice of all proceedings before the commission by certified
mail, return receipt requested, to the record owners of the affected
property, and to each holder of a recorded lien against the property,
as documented in the county clerk's records, if the identity and address
can be reasonably obtained by the city using its best efforts. The
official shall also give notice to all unknown owners by posting a
copy of the notice on the front door of any building or structure
deemed substandard, as practical. The official shall mail and post
each required notice at least ten days prior to the date of the scheduled
hearing before the commission. In addition, the notice must be published
in a newspaper of general circulation in the City of Hillsboro on
one occasion, on or before the tenth day before the date of the hearing
before the commission. The notice must contain the following information:
(1)
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;
(2)
the
street address and legal description of the affected property;
(3)
a
general description of the improvements;
(4)
a
list of the defects on the property;
(5)
a
brief statement of the actions to be considered by the commission;
and
(6)
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 article and the time that it will take
to perform the work on the structure, so as to come into compliance
with the article.
(c)
Presenting
Cases to the Commission.
The official, designated pursuant
to the terms of this article, upon finding that a building or structure
is a substandard building, as described in Section 3.1504, shall prepare
and present information, evidence and testimony relating to the building
to the commission for a final determination.
(d)
Public
Hearing and Proceedings of Commission.
The commission
shall hold a public hearing, after the proper notice has been given
in the manner provided in Section 3.1510(b), to make a formal ruling
and issue an order on any building or structure alleged to be a substandard
building by the official. The commission shall provide ample opportunity
for the presentation of evidence and testimony by the designated city
official and respondents, as well as any other parties opposing the
charges brought by the city, acting through its designated official.
All cases heard by the commission must be heard by at least four members
of the panel. All hearings of the commission shall comply with the
statutory requirements of Chapter 54, Subchapter C of the Local Government
Code, as previously adopted.
(e)
Vote
of the Commission.
The concurring vote of at least four
members of the commission panel is necessary to take any action under
this article.
(f)
Authority
of the Commission.
The building and standards commission,
after conducting a public hearing and providing proper notice as provided
for by this article, may:
(1)
order
repair of the buildings found to be in violation of this article within
a reasonable time;
(2)
declare
a building substandard, in accordance with the powers granted by Chapter
54, Subchapter C of the Local Government Code, as previously adopted;
(3)
order,
in appropriate cases, the immediate removal of persons or property
found on private property, enter on private property to secure the
removal if it is determined that conditions exist on the property
that constitute a violation of article, and order action be taken
as necessary to remedy, alleviate or remove any substandard building
found to exist;
(4)
issue
orders or directives to any peace officer of the state, including
a sheriff or constable or the chief of police of the City of Hillsboro,
to enforce and carry out the lawful orders or directives of the commission
panel; or
(5)
determine
the amount and duration of a civil penalty the city may recover. A
civil penalty under this subsection may not exceed $1,000 a day for
a violation of the article.
(g)
Minutes
and Records of the Commission Proceedings.
The commission
shall be required to keep minutes of its proceedings, showing the
vote of each member on each issue and noting a members absence or
failure to vote. The commission shall also be required to keep records
of its official actions and determinations. The aforementioned minutes
and records shall be maintained in the office of the city secretary
and shall be available as public records.
(Ordinance 97-01-04 adopted 1/21/97)
If after a thorough review of all available evidence, the commission
finds that a building or structure is a substandard building, as defined
in Section 3.1504, and that the condition of the building or structure
warrants repair or restoration, the commission shall allow the property
owner 30 days to repair or restore the building. If the property owner
establishes at the hearing that the work cannot be reasonably performed
within 30 days, the commission may grant the property owner an extended
period of time to complete the repair; however, if the owner is granted
more than 30 days to repair or restore the structure, the commission
shall establish specific time schedules for the commencement and performance
of the work, and shall require the owner to secure the property in
a reasonable manner from unauthorized entry while the work is in progress.
The commission shall not allow a property owner more than 90 days
to accomplish the repair, unless the property owner establishes at
the hearing that the work cannot reasonably be performed in 90 days
because of the scope and complexity of the work and the property owner
submits a detailed plan and time schedule for performance of the work.
The official shall be responsible for monitoring the progression of
work where specific timetables are established and shall report compliance
failures to the commission.
In the event the commission orders the repair or restoration
of any substandard building or structure, the following steps shall
be taken:
(1)
After
issuance of the commission's order, the official shall promptly mail
by certified mail, return receipt requested, a copy of the order to
the owner, lienholder, or any mortgagee of the building, if the identity
and address can be reasonably obtained by the city using its best
efforts. The official shall also post a copy of the order on the building.
(2)
Upon
findings and orders of the commission the official shall, within ten
days after the date that the order is issued, perform the following
steps:
(A)
file
a copy of the order of the commission with the city secretary; and
(B)
publish,
in a newspaper of general circulation in the city, a notice containing:
the street address and legal description of the property, the date
of the public hearing, a brief statement indicating the results of
the order, and instructions stating where a complete copy of the order
may be obtained.
|
If after the expiration of 30 days from the date designated
for completion in the commission's order, the work has not been satisfactorily
performed, the city may make repairs on the building at its own expense
and attach a lien on the property to cover the funds expended.
|
(Ordinance 97-01-04 adopted 1/21/97)
If, after a thorough review of all available evidence, the commission
finds that a building or structure is a substandard building as defined
in Section 3.1504, and that due to the extent or severity of the condition
the building the structure should be removed or demolished, the commission
shall allow the property owner 30 days to remove the building and
to bring the lot into an acceptable condition. During the demolition
process, the owner shall reasonably secure the building from unauthorized
entry. If the property owner establishes at the hearing, that the
work cannot be reasonably performed within 30 days, the commission
may grant the property owner an extended period of time to complete
the removal, if the owner is capable of establishing that the property
can be reasonably secured from unauthorized entry and agrees to do
so; however, the commission shall not allow a property owner more
than 90 days to accomplish the removal, unless the property owner
establishes at the hearing that the work cannot reasonably be performed
in 90 days because of the scope and complexity of the work and the
property owner submits a detailed plan and time schedule for performance
of the work.
In the event the commission orders the destruction or removal
of any substandard building or structure, the following steps shall
be taken:
(1)
After
issuance of the commission's order, the official shall promptly mail
by certified mail, return receipt requested, a copy of the order to
the owner, lienholder, or any mortgagee of the building, if the identity
and address can be reasonably obtained by the city using its best
efforts. The official shall also post a copy of the order on the building.
(2)
Upon
findings and orders of the commission the official shall, within ten
days after the date that the order is issued, perform the following
steps:
(A)
file
a copy of the order of the commission with the city secretary; and
(B)
publish,
in a newspaper of general circulation in the city, a notice containing:
the street address and legal description of the property, the date
of the public hearing, a brief statement indicating the results of
the order and instructions stating where a complete copy of the order
may be obtained.
|
If after the expiration of 30 days from the date designated
for completion in the commission's order the work has not been satisfactorily
performed, the city may vacate, secure, remove or demolish the building
at its own expense.
|
(Ordinance 97-01-04 adopted 1/21/97)
If the city incurs expenses under Sections 3.1511, 3.1512 or
3.1515 of this article, the city shall have the power to place a lien
on the property, unless it is a homestead as protected by the Texas
Constitution, pursuant to authority by Chapter 214, Subchapter A of
the Local Government Code, as previously adopted. The lien arises
and attaches to the property at the time a notice of lien is recorded
and indexed with the county clerk. The lien shall be extinguished
upon reimbursement to the city of the expenses incurred.
(Ordinance 97-01-04 adopted 1/21/97)
In each case determined by the commission under this article,
the official shall mail by certified mail with return receipt requested,
to all parties entitled to notice of the original hearing a copy of
the final decision and order of the commission. All persons aggrieved
by as decision of the commission may present a petition to the district
court in Hill County, duly verified, setting forth that the decision
is illegal, in whole or in part, and specifying the grounds of illegality.
The petition must be presented to district court within 30 calendar
days after the date a copy of the final decision and order was mailed
to interested parties. If no appeals are taken from the decision of
the commission within the required period, the decision of the commission
panel is, in all things, final and binding.
(Ordinance 97-01-04 adopted 1/21/97)
When it appears that a building or structure in the City of
Hillsboro is a substandard building, as defined in Section 3.1504
of this article, and such building is deemed by the official to constitute
an immediate and serious danger to life or property, the condition
shall be deemed an emergency case. In an emergency case, the official
shall immediately secure the property in a reasonable manner to prevent
unauthorized entry. In the event that securing the property is not
a practical means of avoiding immediate or serious danger to life
or property, the official shall, with the consent of the city manager
and city attorney, cause the immediate repair or demolition of such
dangerous, substandard building. The costs of such emergency repair
or demolition shall be collected in the same manner provided for in
Section 3.1503.
(Ordinance 97-01-04 adopted 1/21/97)
Any person who willfully refuses or fails to leave a building
which has been ordered vacated by this article or who enters a building
or structure that has been declared dangerous or any person who interferes
with or hinders the vacation, repair or demolition of any building
under the terms of this article; or any person who fails to comply
with the provisions of this article shall be deemed guilty of a misdemeanor
and shall be subject to a fine in accordance with the general penalty
provision set forth in Section 1.109 of this code a day for a violation
of this article.
(Ordinance 97-01-04 adopted 1/21/97)
