An uninhabitable and dangerous building or dwelling is defined as any building or dwelling:
(1) 
Whose walls or other vertical structural members list, lean or buckle in excess of one-eighth (1/8) inch horizontal measurement for each one foot of vertical measurement;
(2) 
Which, exclusive of the foundation, shows thirty-three (33) percent or more of damage or deterioration of the supporting member or members, or fifty (50) percent of damage or deterioration of the nonsupporting enclosing or outside walls or covering;
(3) 
Which has been damaged by fire, explosion, wind, vandalism or elements of nature so as to have become dangerous to life, safety, or the general health and welfare of the occupants thereof or the people of the city;
(4) 
Which has inadequate facilities for egress in case of fire or panic or which has insufficient stairways, elevators, fire escapes or other means of ingress or egress;
(5) 
Which has parts thereof which are so attached that they may fall and injure members of the public or property;
(6) 
Which, because of its condition, is unsafe, or unsanitary, or dangerous to the health, morals, safety, or general welfare of the people in this city; or
(7) 
Which exists in violation of any material provision of the city’s building code, plumbing code, fire prevention code, or electrical code, the International Property Maintenance Code, or the statutes of the state as revised, or that fails to comply with any material provision of this code. For the purposes of this section, a violation of a “material” provision is a violation of any section that involves a significant risk of personal injury, death, or property damage.
(Ordinance 2005-09-12-006, sec. 3-76, adopted 9/12/05)
The following guide shall be followed by the building official in determining whether to order or recommend the repair or vacation or demolition of any uninhabitable and dangerous building or dwelling:
(1) 
Repair.
If a building can reasonably be repaired so that it will no longer exist in violation of the terms of this code, the building official shall order it repaired within a reasonable time. A reasonable time shall be as defined in section 3.04.032(8) of this article. If the owner or occupant fails to make such repairs within the time frame allowed by section 3.04.032(8), the building official may recommend that the city council order repairs, impose fines, order the demolition of a building, or take other appropriate action to implement this article.
(2) 
Vacation.
If a building is in such condition as to make it a danger to the health, safety or general welfare of its occupants or the citizens of the city, the building official shall order it vacated. If the owner or occupant fails to vacate a building after proper notice, the building official may recommend that the city council order the vacation of the structure, impose a fine, or take other appropriate action to implement this article.
(3) 
Demolition.
The building official shall recommend that the city council order a building demolished if it:
(A) 
Is at least fifty (50) percent damaged or deteriorated, on either a structural or original value basis;
(B) 
Is an immediate danger to the life or safety of any person;
(C) 
Is in need of repair under subsection (1) above and is not repaired within the reasonable time set forth therein; or
(D) 
Is in such condition as to make it dangerous to the health, safety, or general welfare, has been ordered vacated by the building official, and has not been cured of the defects within a reasonable time.
(Ordinance 2005-09-12-006, sec. 3-77, adopted 9/12/05; Ordinance adopting Code)
If, at the expiration of the time allowed for compliance with the provisions of this code, a building or dwelling ordered demolished under the provisions of this article has not been demolished, it shall be demolished by the city or its agents or contractor at the expense of the owner. 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 had been situated. Notice of the assessment shall be given to the owner of the property as per the tax rolls of the city by registered or certified mail. If the assessment is not timely paid, the city may foreclose on the lien under section 214.004 of the Local Government Code.
(Ordinance 2005-09-12-006, sec. 3-78 adopted 9/12/05)