The city hereby adopts chapter 214, subchapter A, of the Texas Local Government Code, as amended, and the following minimum standards for the continued use and occupancy of all buildings regardless of the date of their construction; the following provisions for giving proper notice to the owner of a building; and the following provisions for a public hearing to determine compliance of real property, buildings, structures, premises and vacant lots. In the event that any provision of this article conflicts with chapter 214, subchapter A, or in the event that any provision of chapter 214, subchapter A has been omitted from this section, chapter 214 shall control and the city shall be entitled to pursue its remedies in conformity with state law, as amended.
(Ordinance 658, sec. 2, adopted 11/8/16)
The following terms shall be interpreted as follows:
Dangerous building.
The following specific acts, conditions and things are, each and all of them, hereby defined as and declared to be dangerous buildings or structures and constitute public nuisances:
(1) 
Any building or any portion thereof that is:
(A) 
Dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare;
(B) 
Regardless of its structural condition, 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; or
(C) 
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.
(2) 
Any building that has any or all of the conditions or defects hereinafter described provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants is endangered:
(A) 
Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not arranged so as to provide safe and adequate means of exit in case of fire or panic.
(B) 
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.
(C) 
Whenever the stress in any materials, member 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.
(D) 
Whenever any portion of a 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 a catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location.
(E) 
Whenever any portion of a building, 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.
(F) 
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.
(G) 
Whenever any portion of a building has cracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to wind or earthquakes than is required in the case of similar new construction.
(H) 
Whenever the building, or any portion thereof, is manifestly unsafe because of:
(i) 
Dilapidation, deterioration or decay;
(ii) 
Faulty construction;
(iii) 
The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;
(iv) 
The deterioration, decay or inadequacy of its foundation; or
(v) 
Any other cause, or is likely to partially or completely collapse.
(I) 
Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
(J) 
Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumbline passing through the center of gravity does not fall inside the middle one-third of the base.
(K) 
Whenever the building, exclusive of the foundation, shows thirty-three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) or more damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.
(L) 
Whenever the building has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to:
(i) 
Become an attractive nuisance to children;
(ii) 
Become a harbor for vagrants, criminals or immoral persons; or
(iii) 
Enable persons to resort thereto for the purpose of committing unlawful or immoral acts.
(M) 
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 regulations of this jurisdiction, as specified in the International Building Code or International Property Maintenance Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.
(N) 
Whenever 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 part, member or portion less than sixty-six percent (66%) of the:
(i) 
Strength;
(ii) 
Fire-resisting qualities or characteristics; or
(iii) 
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.
(O) 
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 enforcement officer to be unsanitary, unfit for human habitation or in such a condition that it is likely to cause sickness or disease.
(P) 
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.
(Q) 
Whenever any building is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.
(R) 
Whenever any portion of a building remains on a site after the demolition or destruction of the building or whenever any building is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
(S) 
Whenever water heating facilities are not properly installed or maintained in a safe and good working condition and/or such water heating facilities are not capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than one hundred twenty degrees Fahrenheit (120°). Such water heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of this subsection are not in operation.
(T) 
Whenever any minimum standards provided by the International Building Code, the International Property Maintenance Code, the International Residential Code, the International Fire Code, the International Mechanical Code, the International Plumbing Code, the International Fuel Gas Code or National Electrical Code, as amended, and as adopted by the city council, are not met for any building.
(3) 
Any agricultural structure that fails to meet the minimum standards required for such agricultural structure adopted pursuant to the Occupational Safety and Health Standards for Agriculture, 29 C.F.R. section 1928, as amended.
Mortgagee.
Those parties who hold an unreleased lien recorded in the office of either the county clerk or in the office of the tax collector of any public entity imposing ad valorem taxes in the county.
(Ordinance O-06-06-01, sec. 2, adopted 7/11/06; Ordinance 658, sec. 3, adopted 11/8/16)
(a) 
An inspection shall be made of every building or structure located within the city which is suspected of being in violation of this article. The building inspector, codes enforcement officer, city personnel appointed by the city manager or his/her official designee, is hereby authorized to conduct inspections of building suspected of being in violation of this article to determine if any such violation exists, and take such actions as may be required to enforce the provisions of this article.
(b) 
For purposes of initiating an investigation by a designated city official from the public right-of-way, a dangerous building may be identified as such from the public right-of-way if:
(1) 
The entranceway or windows to the building appear to the naked eye to be broken or in such a state of disrepair that they incapable of being secured in their current condition;
(2) 
If the roofline of the structure has sagged in any area to a point 6 inches below the constructed line of the roof;
(3) 
A hole of any size is visible in the roof at any location;
(4) 
A porch has particularly collapsed and the roof has dropped at least 6 inches below the constructed line of the roof;
(5) 
The premises present visible evidence that the plumbing system is no longer discharging sewage from the structure to the main sewer; or
(6) 
Rats, vermin or cockroaches are visible from the public right-of-way.
(c) 
The following nonexclusive list may be utilized by city personnel as support for seeking a search warrant pursuant to the Code of Criminal Procedure in order to identify factors that evidence the existence of a dangerous building:
(1) 
Any matter or condition identified above in subsection (b)(1)–(6);
(2) 
The existence of broken windows with openings large enough to permit rainwater to enter the structure;
(3) 
The existence of trash, debris, old motor vehicles without current license plates and surrounded by weeds in rank profusion more than 12 inches in height on average within the immediate vicinity of the motor vehicles; or
(4) 
Electrical lines that are broken or not properly connected from the service pole to the structure.
(d) 
Any city personnel entering the grounds or the structure after the issuance of a search warrant shall document each and every instance in which the building itself fails to comply with applicable city ordinances pertaining to:
(1) 
Electrical wiring;
(2) 
Plumbing;
(3) 
Water service;
(4) 
Structural condition and integrity; and
(5) 
Health and safety.
(e) 
Buildings found to be in violation may be referred to the city council for a determination as to whether or not such building constitutes a dangerous building.
(Ordinance 658, sec. 4, adopted 11/8/16)
Minimum standards for continued use and occupancy of the building shall be:
(1) 
An electrical service and system that is in full compliance with the electrical code and building code;
(2) 
A plumbing system that is in full compliance with the plumbing code and operates to efficiently discharge sewer water from the property itself to the sewer main;
(3) 
A structure with sufficient structural integrity that there is no reasonable expectation of roof or wall collapse simply from the weight of the building exposed to a 50-mile-per-hour wind; and
(4) 
A structure free of rodents, vermin and cockroaches or their feces.
(Ordinance O-06-06-01, sec. 4, adopted 7/11/06)
Upon the identification of a structure believed to constitute a dangerous building, the city inspector shall determine the names and addresses, where available, of the owners of the property, any entity claiming a lien on the property, any tenant, and the taxing authority if ad valorem taxes are delinquent. In order to secure the names and addresses, the inspector shall search the following records:
(1) 
County real property records;
(2) 
Tax appraisal district records;
(3) 
Records of the secretary of state;
(4) 
County assumed name records;
(5) 
City ad valorem tax records; and
(6) 
Municipal utility records.
(Ordinance O-06-06-01, sec. 5, adopted 7/11/06)
Whenever a violation of this article has been determined and reported by the appropriate city official, building inspector or his/her designee, a public hearing shall be held by the city council to determine whether a building or structure complies with the standards set out in this article. A diligent effort shall be made by the city to determine all owner(s), lienholder(s) and/or mortgagee(s) in accordance with section 3.06.005 above. Once identified, a notice of the hearing shall be sent to the occupant, if any, and all record owner(s), lienholder(s) and/or mortgagee(s). Such notice shall be in writing and shall be served by personal delivery or by certified mail return receipt requested. Additionally, a copy of the notice shall be posted on the front door of each affected structure situated on the property or as close to the front door as practicable. It is not necessary that the notice to the occupant of the property list an occupant by name. Service of the notice may be accomplished by the first class U.S. mail or by personal delivery to any occupant of the property who is above the age of eighteen (18) years. The notice shall include:
(1) 
The names of all persons to whom the notice is being served;
(2) 
The street address or legal description of the premises;
(3) 
The date of the inspection;
(4) 
The nature of the violation;
(5) 
The date, time and location of the public hearing; and
(6) 
A statement that the owner, lienholder, or mortgage 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.
(Ordinance 658, sec. 5, adopted 11/8/16)
(a) 
At the time of the noticed hearing, the city council shall consider the evidence presented from both the city and owner, tenant, or lienholder as to the condition of the property and shall enter a finding as to whether or not such structure constitutes a dangerous building. Should the city council find that the structure constitutes a dangerous building, the city council shall hear evidence from such owner, tenant, or lienholder as to their desire to either demolish or remediate the property and any proposed timetable for completion.
(b) 
In entering an order on a hearing authorized under this section, the city council shall require the owner, lienholder, or mortgagee of a dangerous building to, within 30 days:
(1) 
Secure the building from unauthorized entry; and
(2) 
Repair, remove, or demolish the building, unless the owner or lienholder establishes at the hearing that work cannot reasonably be performed within 30 days.
(c) 
If the city council allows the owner, lienholder, or mortgagee more than 30 days to repair, remove, or demolish the building, the city council shall establish specific time schedules 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, as determined by the hearing official.
(d) 
The city council 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:
(1) 
Submits a detailed plan and time schedule for the work at the hearing; and
(2) 
Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.
(e) 
If the city council 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 city council shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the city council to demonstrate compliance 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 hearing official or the hearing official’s designee to demonstrate compliance with the time schedules. If the owner, lienholder, or mortgagee owns property, including structures or improvements on property, within the municipal boundaries that exceeds $100,000.00 in total value, the city council may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing, or demolishing a building under this subsection. In lieu of a bond, the city council may require the owner, lienholder, or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party approved by the city council. The bond must be posted, or the letter of credit or third party guaranty provided, not later than the 30th day after the date the city council issues the order.
(Ordinance O-06-06-01, sec. 7, adopted 7/11/06; Ordinance 658, sec. 6, adopted 11/8/16)
Within 10 days of entry of the order, a copy of such order shall be filed in the office of the city secretary, and the city shall publish in a newspaper of general circulation in the city a statement of:
(1) 
The street address or legal description of the property;
(2) 
The date the hearing was held;
(3) 
A statement of the result; and
(4) 
Instructions where a copy of the order may be secured.
(Ordinance O-06-06-01, sec. 8, adopted 7/11/06)
(a) 
The order shall be posted by U.S. mail, certified, to each owner, tenant or lienholder.
(b) 
The validity of any notice or order mailed in accordance with this article to a property owner, lienholder, or mortgagee is not affected by a return of the notice by the United States Postal Service as “refused” or “unclaimed,” and the notice or order shall be considered as delivered.
(Ordinance O-06-06-01, sec. 9, adopted 7/11/06)
Should the owner, tenant or lienholder fail to comply with the terms of the order in that there is a failure to vacate, secure, repair, remove or demolish as directed by the order, the city may proceed at its own expense to bring the property into compliance with the order and assess its cost upon the property and impose its lien for recovery, consistent with section 214.001 et seq. of the Local Government Code, as it exists or may hereafter be amended.
(Ordinance O-06-06-01, sec. 10, adopted 7/11/06)
The building inspector, code enforcement officer, or the city personnel charged with enforcing this article, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the such city officer, or his designated representative(s), because of such act or omission performed in the enforcement of any provision of this article shall be defended by legal counsel provided by the city until final termination of such proceedings.
(Ordinance 658, sec. 7, adopted 11/8/16)