The following terms whenever used or referred to in this article shall have the meanings herein set forth:
Appraised Value.
The value given the structure by the county tax assessor’s office.
Building.
Any structure of any kind or any part thereof, erected for the support, shelter or enclosure of persons, animals, chattel or property of any kind.
Building Official.
The city administrator or his designee. If the city administrator designates a building official, such designation shall be approved by the city council.
Building Standards Commission.
The body before which hearings are held, and by which orders shall be entered. It shall consist of not less than three (3) members of the city council appointed by the city council.
City.
The City of Sundown, Texas.
City Council.
The city council of the City of Sundown.
Diligent Effort.
Best or reasonable effort to determine the identity and address of an owner, a lienholder, or a mortgagee including a search of the following records:
(1) 
County real property records of the county in which the building is located;
(2) 
Appraisal district records of the appraisal district in which the building is located;
(3) 
Records of the secretary of state;
(4) 
Assumed name records of the county in which the building is located;
(5) 
City tax records; and
(6) 
City utility records.
Minimum Housing Standards.
Those standards found in the city’s adopted standard building, electrical, plumbing, gas, mechanical, existing building and fire prevention codes.
Owner.
Any person, agent, firm or corporation, named in the real property records of the county as owning the property.
Structure.
That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built or composed of parts joined together in some definite manner, or any part thereof.
(Ordinance 521 adopted 7/8/14)
Any building or structure requiring repair, removal, or demolition, as described in Section 3.605, as well as all buildings or structures within the city, which because of their condition are unsafe, unsanitary, uninhabitable or otherwise dangerous to the health, safety, and general welfare of the citizens of the city are hereby declared to be a public nuisance and are unlawful and subject to the provisions of this article regarding repair, removal, or demolition.
(Ordinance 521 adopted 7/8/14)
An inspection shall be made of every building located within the city which is suspected of being in violation of this article. The building official or his official designee is hereby authorized to conduct inspections of buildings suspected of being in violation of this article and take such actions as may be required to enforce the provisions of this article.
(Ordinance 521 adopted 7/8/14)
(a) 
Whenever a violation of this article has been discovered and reported by the building official, a public hearing shall be held before the building standards commission to determine whether a building complies with the standards set out in this article.
(b) 
Notice:
(1) 
A notice of the hearing shall be sent to the occupant, if any, and any record owner, lienholder or mortgagee of the property. Such notice shall be in writing and shall be served by certified mail, return receipt requested, signature confirmation through the United States Postal Service, or personal delivery to the record owner of the property, lienholder or mortgagee, and all unknown owners, lienholders, or mortgagees, by posting a copy of the notice on the front door of each affected improvement situated on the property or as close to the front door as practicable; and if the owner’s address is different than the address shown for the property involved, to the address of the property, addressed to the occupant of such address. It is not necessary that the notice to the occupant of the property list an occupant by name.
(2) 
The notice shall contain:
(A) 
The names of all person to whom notice is being served;
(B) 
The street address or legal description of the premises;
(C) 
The date of inspection;
(D) 
The nature of the violation;
(E) 
The date, time and location of the hearing; and
(F) 
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 this article and the time it will take to reasonably perform the work.
(Ordinance 521 adopted 7/8/14)
The following standards shall be utilized in determining whether a building should be ordered repaired or demolished. Buildings or structures that meet one or more of the following standards shall be required to be repaired, removed, or demolished:
(1) 
The building or structure is liable to partially or fully collapse.
(2) 
The building or structure was constructed or maintained in violation of any provision of the city’s building code, standard codes, or any other applicable ordinance or law of the city, county, state, or federal government.
(3) 
Any wall or other vertical structural members list, lean or buckle to such an extent that a plumbline passing through the center of gravity falls outside of the middle one-third (1/3) of its base.
(4) 
The foundation or the vertical or horizontal supporting members are twenty-five percent (25%) or more damaged or deteriorated.
(5) 
The nonsupporting coverings of walls, ceilings, roofs, or floors are fifty percent (50%) or more damaged or deteriorated.
(6) 
The structure has improperly distributed loads upon the structural members, or they have insufficient strength to be reasonably safe for the purpose used.
(7) 
The structure of any part thereof has been damaged by fire, water, earthquake, wind, vandalism, or other cause to such an extent that it has become dangerous to the public, health, safety and welfare.
(8) 
The structure does not have adequate light, ventilation, or sanitation facilities as required by the city.
(9) 
The structure has inadequate facilities for egress in case of fire or other emergency or which has insufficient stairways, elevators, fire escapes or other means of ingress or egress.
(10) 
The structure has been found to contain molds which are known to be harmful to humans, and remediation of such mold contamination would exceed fifty percent (50%) of the value of the structure.
(11) 
A portion of a building or structure remains on a site when construction or demolition work is abandoned.
(12) 
The building or structure, because of its condition, is unsafe, unsanitary, or dangerous to the health, safety or general welfare of the city’s citizens including all conditions conducive to the harboring of rats or mice or other disease carrying animals or insects reasonably calculated to spread disease.
(Ordinance 521 adopted 7/8/14)
(a) 
The date of the hearing shall not be less than ten (10) days after notice is made, as described in Section 3.604.
(b) 
If a building is found to be in violation of this article, the city shall require the owner, lienholder, or mortgagee of the building to within thirty (30) days repair or demolish the building, unless it is proven at the hearing that the work cannot reasonably be done in thirty (30) days.
(c) 
If the city allows more than thirty (30) days for the building to be repaired or demolished, the city shall establish specific time schedules for the work to be commenced and finished 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 building standards commission.
(d) 
The city shall not allow the owner, lienholder or mortgagee more than ninety (90) days to repair or demolish the building unless a detailed plan and time schedule for the work are submitted at the hearing and it is proven at the hearing that the work cannot reasonably be completed within ninety (90) days. Additionally, the owner, lienholder, or mortgagee must submit work progress reports to demonstrate compliance with the time schedule established. If the owner, lienholder, or mortgagee owns property, including structures or improvements on property, within the city’s boundaries that exceeds $100,000.00 in total value, the city 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. In lieu of a bond, the city 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. The bond must be posted, or the letter of credit or third-party guaranty provided, not later than the thirtieth (30th) day after the date the city issues an order.
(e) 
In any case where fifty percent (50%) or more of the value or structure is damaged or deteriorated, a building shall be demolished or removed, and in all cases where a structure cannot be repaired so that it will no longer exist in violation of the provisions of this article, it shall be demolished or removed.
(Ordinance 521 adopted 7/8/14)
(a) 
After the public hearing, if a building is found to be in violation of this article, the city may order that the building be repaired or demolished by the owner within a reasonable time, as established under Section 3.606.
(b) 
If the building is ordered to be repaired or demolished, the city shall promptly mail by certified mail, return receipt requested, signature confirmation through United States Postal Service, or personal delivery, a copy of the order to the owner of the building and to any lienholder or mortgagee of the building. The city shall make a diligent effort to discover each mortgagee and lienholder having an interest in the building or property on which the building is located.
(c) 
If the ordered action is demolition of the building or structure, demolition shall not occur until the time for appeal of the order to district court under Section 3.609 has expired and no appeal has been taken; or, in the alternative, the order was appealed to district court but the appeal has been finally resolved in a manner that does not prevent the city from proceeding with demolition.
(Ordinance 521 adopted 7/8/14)
(a) 
In addition to the order, each identified mortgagee or lienholder shall be sent a notice containing:
(1) 
An identification of the building and property on which it is located (this does not have to be a legal description);
(2) 
A description of the violation of this article; and
(3) 
A statement that the city will demolish the building if the ordered action is not taken.
(b) 
If the notice is returned “refused” or “unclaimed,” the validity of the notice is not affected and the notice shall be deemed delivered.
(c) 
Within ten (10) days after the date that the order is issued, the city shall:
(1) 
File a copy of the order in the office of the city secretary; and
(2) 
Publish a notice in a newspaper where the building is located stating:
(A) 
The street address or legal description of the property;
(B) 
The date of the hearing;
(C) 
A brief statement indicating the results of the order; and
(D) 
Instructions as to where a complete copy of the order may be obtained.
(Ordinance 521 adopted 7/8/14)
The owner, lienholder, or mortgagee of record of property jointly or severally aggrieved by an order of the building standards commission issued under this article may file in state district court a verified petition setting forth that the building standards commission’s decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be filed by an owner, lienholder, or mortgagee within thirty (30) calendar days after the date a copy of the order of the building standards commission is served on the owner, lienholder, or mortgagee by certified mail, return receipt requested, signature confirmation through the United States Postal Service, or personal delivery; otherwise, said order shall become final as to each owner, lienholder, or mortgagee of the property.
(Ordinance 521 adopted 7/8/14)
(a) 
Whenever it is discovered upon reinspection that the owner, mortgagee or lienholder has failed to either repair or demolish the building within the allotted time, the city, or its authorized agent, may repair or demolish and remove said building or cause the same to be done and charge the expenses incurred in doing such work or having the same done to the owner, mortgagee or lienholder of said land.
(b) 
If such work is done at the expense of the city, then the said expense shall be assessed against any salvage resulting from the demolition of the building and against the lot, tract, or parcel of land, or the premises upon which such expense was incurred.
(c) 
For the purposes of this section, any repair, alteration or improvement made to a building by the city will only be to the extent necessary to bring the building into compliance with the minimum housing standards and only if the building is a residential building with ten (10) or fewer dwelling units; provided, however, the city may elect to obtain a judicial determination by a decree of a court of competent jurisdiction of the existence, in fact, of a public nuisance in cases contemplated by this article. Such judicial determination may include any available remedy for the abatement of such a nuisance.
(Ordinance 521 adopted 7/8/14)
(a) 
When the city incurs expenses to repair or demolish and remove the building, the city places a lien against the property on which the building is located, unless it is a homestead as protected by the Texas Constitution. The lien arises and attaches to the property when the building standards commission or the building official records and indexes notice of the lien with the county clerk. The notice shall contain:
(1) 
The name and address of the owner, if that information can be determined with a reasonable effort;
(2) 
A legal description of the property on which the building was located;
(3) 
The amount of expense incurred by the city;
(4) 
The balance due; and
(5) 
The date on which said work was done or improvements made.
(b) 
The city shall have a privileged lien on such lot, lots, or other premises or real estate upon which said building was located, to secure the expenditure so made, which said liens shall be second only to tax liens and liens for street improvements; and said amount shall bear ten percent (10%) interest from the date such statement was filed. It is further provided that for any such expenditure and interest, as aforesaid, suit may be instituted and recovered, and foreclosure of said lien may be made in the name of the city; and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or expense.
(c) 
The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the city for the expenses.
(Ordinance 521 adopted 7/8/14)
(a) 
In addition to all other powers and authority elsewhere set forth, the building official shall have the authority to immediately and without prior notice secure, by boarding up, locking, or other appropriate and effective means, any building that:
(1) 
Is in violation of this article and the minimum standards set forth herein; and
(2) 
Is unoccupied or is occupied only by persons who do not have a right of possession to the building.
(b) 
Before the 11th day after the date the building is secured, the municipality shall give notice to the owner by:
(1) 
Personally serving the owner with written notice;
(2) 
Depositing the notice in the United States mail addressed to the owner at the owner’s post office address;
(3) 
Publishing the notice at least twice within a ten (10) day period in a newspaper of general circulation in the county if personal service cannot be obtained and the owner’s post office address is unknown; or
(4) 
Posting the notice on or near the front door of the building if personal service cannot be obtained and the owner’s post office address is unknown.
(c) 
The notice must contain:
(1) 
An identification, which is not required to be a legal description, of the building and the property on which it is located;
(2) 
A description of the violations of this article that are present at the building;
(3) 
A statement that the city will secure or has secured, as the case may be, the building; and
(4) 
An explanation of the owner’s entitlement to request a hearing about any matter relating to the city’s securing of the building.
(d) 
The city shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the city’s securing of the building if, within thirty (30) days after the date the city secures the building, the owner files with the city secretary a written request for a hearing. The city shall conduct the hearing within twenty (20) days after the date the request is filed.
(e) 
The city has the same authority to assess expenses under this section as it has to assess expenses under Section 3.610.
(f) 
A lien is created under this section in the same manner that a lien is created under Section 3.611 and is subject to the same conditions as a lien created under that section.
(Ordinance 521 adopted 7/8/14)
(a) 
For the purpose of this section, an emergency is hereby defined as any case where it reasonably appears there is immediate danger to the health, life, safety, or welfare of any person because of a dangerous condition which exists in violation of this article.
(b) 
In any emergency case, the building official shall have the power to take emergency measures to abate or to correct such dangerous condition. The emergency power herein granted shall include the power to cause the immediate vacation of any building and the summary correction of any emergency condition which exists in violation of this article, including but not limited to demolition of dangerous buildings.
(c) 
The city has the same authority to assess expenses under this section as it has to assess expenses under Section 3.610, and is authorized to create a lien as provided for in Section 3.611.
(Ordinance 521 adopted 7/8/14)
(a) 
The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby deemed to be a nuisance.
(b) 
Criminal Prosecutions.
Any person violating any provision of this article shall, upon conviction, be fined a sum not exceeding two thousand dollars ($2,000.00). Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(c) 
Civil Remedies.
(1) 
Any person violating any provision of this article may be assessed a civil penalty, after a hearing on the violations, in a sum not exceeding one thousand dollars ($1,000.00) for each and every day of violation or, if the owner shows the property is the owner’s lawful homestead, in an amount not to exceed ten dollars ($10.00) per day for each violation, provided that:
(A) 
The owner was notified of the requirements of this article and the owner’s need to comply with the requirements; and
(B) 
After notification, the owner committed an act in violation of this article or failed to take action necessary for compliance with this article.
(2) 
If such a civil penalty is assessed, the city secretary shall file a certified copy of the order containing such penalty with the county clerk’s office no later than three (3) working days after such order.
(d) 
Other Remedies.
The remedies provided herein shall be available to the city in addition to any penal or other remedy provided by law or equity which the city, state, or any other person may have to remedy the unsafe building condition.
(e) 
The city may bring a civil action in a court of competent jurisdiction to collect the amount due plus all associated costs and fees.
(Ordinance 521 adopted 7/8/14)
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.
(Ordinance 521 adopted 7/8/14)