(a)
Title.
This article shall be known as the dangerous
building code and may be cited as such.
(b)
Purpose.
It is the purpose of the provisions of this
article to provide a just, equitable and practicable method, to be
cumulative with and in addition to any other remedy provided by the
ordinances and codes, rules and regulations of the city or the laws
of the state, by which buildings or structures which from any cause
endanger the life, limb, health, morals, property, safety or welfare
of the general public or their occupants may be required to be repaired,
vacated or demolished.
(c)
Scope.
The provisions of this article shall apply to
all dangerous buildings, as herein defined, which are now in existence
or which may hereafter be constructed in this city.
(1986 Code, ch. 3, sec. 3:A)
All buildings, or portions thereof, which are as hereinafter
defined as “dangerous buildings” are hereby declared to
be public nuisances and shall be abated by repair, rehabilitation,
demolition or removal in accordance with the procedures specified
in this article.
(1986 Code, ch. 3, sec. 3:B)
For the purpose of this article, any uninhabited or unoccupied
dwelling, building or structure which has any or all of the conditions
or defects hereinafter described shall be deemed to be a dangerous
building, provided that such conditions or defects exist to the extent
that the life, health, property, or safety of the public or its possible
occupants are endangered:
(1)
Whenever
the exterior walls or other vertical structural members of said building,
dwelling or structure list, lean or buckle to such an extent that
a plumb line passing through the center of gravity does not fall inside
the middle one-third (1/3) of the base;
(2)
Whenever
the building, dwelling or structure, exclusive of the foundation,
shows thirty-three percent (33%) or more damage or deterioration of
its supporting member or members, or fifty percent (50%) damage or
deterioration of its nonsupporting members, enclosing or outside walls
or coverings;
(3)
Whenever
the building, dwelling or structure has improperly distributed loads
upon the foundation or roofs or when said foundation or roofs are
overloaded or have insufficient strength to be reasonably safe for
the purpose used, the general public or possible occupants;
(4)
Whenever
the building, dwelling or structure 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, or a harbor for vagrants,
criminals or immoral persons, or as to enable persons to resort thereto
for the purpose of committing unlawful or immoral acts;
(5)
Whenever,
for any reason, the building, dwelling or structure, or any portion
thereof, is manifestly unsafe and dangerous to the life, safety or
general health and welfare of possible occupants or the general public;
(6)
Whenever
said building, dwelling or structure, intended to be used for habitation,
because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light and air (artificial
or natural) or inadequate sanitary facilities or otherwise, is determined
by the city officer to be unsanitary, unfit for human habitation or
in such a condition that is likely to cause sickness or disease;
(7)
Whenever
said building, dwelling or structure has inadequate facilities for
egress in case of fire or panic or the door, aisle, passageway, stairway
or other means of exit is not of sufficient width or size or is not
so arranged as to provide safe and adequate means of exit for said
purposes;
(8)
Whenever
any portion or member or appurtenance of said building, dwelling or
structure is likely to fall, or to become detached or dislodged, or
to collapse, and thereby injure persons or damage property;
(9)
Whenever
the building, dwelling or structure, or any portion thereof, because
of dilapidation, deterioration or decay, faulty construction, the
removal, movement or instability of any portion of the ground necessary
for the purpose of supporting such building, the deterioration, decay
or inadequacy of its foundation, or any other cause, is likely to
partially or completely collapse;
(10)
Whenever said building, dwelling or structure has a floor, exterior
wall or roof with holes, cracks or loose, rotten, warped or protruding
boards therein so as not to give reasonable protection to any occupants
or possible occupants thereto from weather elements or danger of collapse;
(11)
Whenever said building, dwelling or structure has interior walls
or ceilings with holes, cracks, loose plaster, defective materials
or structural deterioration to the extent that same is manifestly
unsafe for the purpose for which it is being used or so as not to
give reasonable protection to any occupants of the same from danger
of collapse or fire;
(12)
Whenever any building, dwelling or structure, 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; and
(13)
Whenever any portion of said building, dwelling or structure remains
on a site after the demolition or destruction of the building, dwelling
or structure by natural causes or otherwise, so as to constitute such
building, dwelling or structure, or portion thereof, an attractive
nuisance to children or hazard to the public or their property.
(1986 Code, ch. 3, sec. 3:C; Ordinance
adopting Code)
The term “uninhabited building, dwelling or structure,”
as used in this article, shall mean any house, building, dwelling
or structure, shed, barn, warehouse or other such structure, and any
appurtenances thereto, which has been unused, unoccupied, abandoned,
vacant or vacated as a regular place of residence, abode, living,
storage or business activity for a period of not less than thirty
(30) days.
(1986 Code, ch. 3, sec. 3:D)
(a)
Inspect
any uninhabited building, dwelling or structure as herein defined
when in the opinion of the building official or other city official
said building, dwelling or structure is or may be a dangerous building
within the terms of this article.
(b)
Inspect
any uninhabited building, dwelling or structure as herein defined
reported by the fire department, police department or any other administrative
department of the city as being a dangerous building within the terms
of this article.
(c)
If, upon inspection and investigation, it is found that an uninhabited building, dwelling or structure, as defined, is a dangerous building within the terms of this article, the building official shall issue a notice and order, in accordance with section 3.05.009 hereof, which notice and order shall contain the following:
(1)
Street address and legal description sufficient for identification
of the premises upon which the building is located;
(2)
A statement that the building official has found the building to be dangerous, with a brief and concise description of the conditions found to render the building dangerous under the provisions of section 3.05.003 of this article;
(3)
A statement of the action required to be taken as determined by the
building official. If it has been determined that the building or
structure must be repaired, the order shall require that all required
permits be secured therefor and the work physically commenced within
such time (not to exceed sixty (60) days from the date of the order)
and completed within such time as the building official shall determine
is reasonable under all of the circumstances. If it has been determined
that the building or structure must not be occupied, then the order
shall require that the building or structure must not be occupied,
and that the building or structure remain unoccupied or vacant until
such time as is determined that the building or structure must be
demolished (in the event that the same cannot possibly be repaired).
The order shall require that the building continue in its vacated
and unoccupied state, that all required permits be secured, and that
the demolition be completed within such time as the building official
shall determine is reasonable.
(d)
Place
a notice on said dangerous building reading substantially as follows:
This building has been found to be dangerous. No person shall
occupy this building until such time as the same has been brought
to standards in accordance with the written request of the Building
Official of the City of Cameron, Texas. It is unlawful to remove this
notice until such requirements are complied with. This notice is to
remain on this building until it is repaired or demolished in accordance
with the notice and order which has been given the record owner.
(1986 Code, ch. 3, sec. 3:E; Ordinance
adopting Code)
(a)
The
city council, upon the filing of an appeal, shall perform the following:
(1)
Upon receipt of a report of the building official or other city official, as provided for hereinabove, written notice is to be given by the council as provided in section 3.05.009 of this article to appear before them 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 or demolished or remain unoccupied in accordance with the statement of particulars set forth in the building official’s or other city official’s notice hereinabove provided. The date of such hearing shall be set not less than ten (10) days after giving notice as hereinabove stated;
(2)
Hold a hearing and hear such testimony as the building official or
other city official and mortgagee, lessee or any other person having
an interest in said building, as shown by the deed records of the
county clerk’s office and/or the tax rolls of the city, shall
offer relative to the determination of the question of whether or
not the building or structure in question is a dangerous building
as defined herein;
(4)
Upon determination that the building or structure in question does constitute a dangerous building within the meaning of section 3.05.003 herein, issue an order based upon findings of facts made pursuant to subsection (3) above, commanding and ordering the owner, mortgagee, lessee, agent or any other persons having an interest in said building, as shown by the deed records of the county clerk’s office and/or the city tax rolls, to immediately prohibit occupancy, or, if occupied, to require that the premises be vacated within fifteen (15) days, and during the same fifteen-day period to secure or cause to be secured all points of entry (i.e., windows, doors and other openings of any nature) with 1/2" exterior plywood covering the entire opening, and within sixty (60) days to repair to minimum standards, as specified in section 3.03.004, or to demolish any building found to be a dangerous building within the terms of this article; and
(5)
Within fifteen (15) days (excluding Saturday, Sunday and holidays)
from the date the building official issues his order, the owner, mortgagee,
lessee, agent or any other person having an interest in said building,
as shown by the deed records and/or city tax rolls, may file with
the city secretary a written application for appeal to the city council
stating his objections to the building official’s order and
requesting a hearing. A hearing date shall be set and notice given
to the person whose signature appears on said application. At said
hearing, the appellant shall present testimony, evidence or argument
in support of his objections to the findings and order and the building
official shall defend the same. The city council shall either reject,
modify or uphold the building official’s findings and order.
If the appeal is not filed with the city secretary within fifteen
(15) days (excluding Saturday, Sunday and holidays) from the date
the building official issues his order, the appeal shall be vitiated
and the order of the building official shall become final.
(b)
Pending
appeal, such orders of the building official as shall require the
alleged dangerous building, dwelling or structure to be vacant or
unoccupied or such emergency measures as may have been ordered shall
remain in effect, but all other orders of the committee [building
official] shall be suspended in their operation.
(1986 Code, ch. 3, sec. 3:F; Ordinance
adopting Code)
Once a building is cited as a dangerous building and owner is
so notified in accordance with this article, sixty (60) days hence
a demolition order will be issued on the structure, unless the house
has been brought to minimum standards and so verified by the building
official or the owner has filed an appeal and requested a hearing
before the council. An appeal must be filed at least ten (10) days
before the council meeting in which action is requested. All times
run from the date of first notification, and if the structure still
remains secured [unsecured] on day sixty (60) without either being
brought to standards or an appeal filed, a demolition order will be
issued.
(1986 Code, ch. 3, sec. 3:G; Ordinance
adopting Code)
The following standards shall be followed in substance by the
city council and building official in requesting repair, continued
unoccupancy or demolition:
(1)
If
the dangerous building or structure can reasonably be repaired so
that it will no longer be in a condition which is in violation of
the terms of this article, it shall be so requested and repaired;
otherwise it shall be demolished;
(2)
If
the dangerous building or structure is in such a condition as to make
it dangerous to the health, safety or general welfare of its possible
occupants or the public, it shall be requested to remain unoccupied;
and
(3)
In
all cases where a dangerous building is a fire hazard existing or
erected in violation of the terms of this article or statutes of the
state, it shall be repaired or demolished.
(1986 Code, ch. 3, sec. 3:H; Ordinance
adopting Code)
(a)
The
notices and orders and any amended or supplemental notices and orders
to be given under the provisions of this article shall be served upon
the record owner and posted on the property, and one (1) copy thereof
shall be served on each of the following, if known to any city employee
or any member of the city council or disclosed from the city tax rolls
or deed records of the county: the holder of any mortgage or deed
of trust or other lien or encumbrances of record, the owner or holder
of any lease of record, and the holder of any other estate or legal
interest of record in or to the building or the land on which it is
located. The failure of any city employee or any member of the city
council to serve any person required herein to be served shall not
invalidate any proceedings hereunder as to any other person duly served
or relieve any such person from any duty or obligation imposed on
him by the provisions of this article.
(b)
Service
of the notice and order shall be made upon all persons entitled thereto
either personally or by mailing a copy of such notice and order by
certified mail, postage prepaid, return receipt requested, to each
such person at his address as it appears on the tax rolls of the city
or deed records of the county clerk’s office.
(1986 Code, ch. 3, sec. 3:I)
It shall be unlawful for any owner, lessor, lessee or agent or representative of said owner, lessor or lessee to allow or authorize any person or persons to rent, occupy or use any building, dwelling or structure, as herein defined, when notice, as provided in section 3.05.006, has been given that such building, structure or dwelling is dangerous under the terms of this article, until such time as the owner, lessor or lessee has complied with the requirements specified in said notice and the order of the building official, or the order and notice are dismissed on appeal to the city council as provided in section 3.05.006(a)(5).
(1986 Code, ch. 3, sec. 3:J; Ordinance
adopting Code)
Notwithstanding all other provisions of this article, nothing
herein shall be deemed a limitation on the duty of the city to summarily
order the demolition of any building or structure where it is apparent
that the immediate demolition of such building or structure is necessary
to the preservation of life, property or general welfare of the people
of the city.
(1986 Code, ch. 3, sec. 3:K)
In cases, save those that constitute a clear and present danger as defined in section 3.05.011, where the owner, occupant, lessee or mortgagee is absent from the city, all notices or orders provided for herein shall be sent by certified mail to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building, as shown by the deed records of the county clerk’s office or tax rolls of the city, 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 city council to hold its hearing.
(1986 Code, ch. 3, sec. 3:L)
(a)
If,
at the expiration of thirty (30) days from a final judicial determination
that a building or structure is to be demolished, the same has not
been destroyed, it shall be demolished at the expense of the owner
thereof by the city or its contractor.
(b)
After
the work has been completed or paid for by the city, a written statement
of expenses incurred by the city to abate such conditions, together
with administrative costs as prescribed by separate ordinance, shall
be mailed to the owner of the premises. Such statement shall be payable
within thirty (30) days.
(c)
Should
said statement not be paid within such period, the city secretary
shall prepare a statement of expenses in a proper format for filing
to be approved by the city attorney, and sign such statement. The
city secretary shall file such statement with the county clerk. The
statement shall consist of the expenses incurred by the city to abate
such dangerous building, together with administrative costs as prescribed
by separate ordinance, and filing fees, together with a legal description
of the property whereon the demolished dangerous building was situated.
By virtue of the filing of such statement, the city shall have perfected
a lien upon the lot or parcel of land described in such statement,
which filed statement and the amount of such lien shall bear interest
at 12% per annum from the date of such statement. Thereafter, should
the amount of said lien not be paid and discharged, suit for recovery
and foreclosure of this lien may be filed and instituted in the district
court of the county. A certified copy of such recorded statement shall
be prima facie proof of the amount expended to accomplish such work
as was performed by the city.
(d)
Should
the owner of any such property request in writing that the city do
such work as is necessary in order to abate or prevent a violation
of this article, then such request shall negate the requirement for
notification of violation by the city, but the city shall have the
same remedies as provided above.
(1986 Code, ch. 3, sec. 3:M)
(a)
The owner, occupant, mortgagee, lessee, agent or any other person having an interest in any dangerous building who shall fail to comply with any notice or order to repair or demolish said building or who violates section 3.05.010 hereof, such notice or order having been given by the authority of the city council, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding one hundred dollars ($100.00) for the first offense and not exceeding two hundred dollars ($200.00) for each offense thereafter, and each day the violation continues shall constitute a separate offense.
(b)
Any person removing the notice provided for in section 3.05.005(d) hereof shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not exceeding one hundred dollars ($100.00) for the first offense and not exceeding two hundred dollars ($200.00) for each offense thereafter.
(c)
In
case the owner, occupant or lessee of any dangerous building ordered
to be repaired or demolished under the terms of this article shall
be a corporation, and shall violate any provisions of this article,
the president, vice-president, secretary and treasurer of such corporation
or any manager, agent or employee of such corporation shall be also
severally liable for the penalties herein provided.
(1986 Code, ch. 3, sec. 3:N)
In addition to any other remedy provided by law, the city and
its officers shall have the right to enjoin any violation of this
article or enforce any order as provided herein by application to
a court of competent jurisdiction. It shall be the duty of the city
attorney to enforce the order of the city council, upon appeal, by
filing such action in the appropriate court of this state, when so
authorized by the city council.
(1986 Code, ch. 3, sec. 3:O)
Neither the city nor any authorized agent acting under the terms
of this article shall be liable or have any liability by reason of
orders issued or work done in compliance with the terms of this article.
(1986 Code, ch. 3, sec. 3:P)
