Chapter 214, Texas Local Gov’t. Code, is hereby adopted by the city and made a part of this article. In the event of any conflict or inconsistency between the terms and provisions of this article and chapter 214, the terms and provisions of chapter 214 shall govern and control.
(Ordinance 2015-12-14-01, sec. 4, adopted 12/14/15)
As used in this article, the following terms shall have the meanings given below:
Building
means any building or structure built for the support, shelter, use or enclosure of persons, animals, chattels or property of any kind.
Code enforcement authority
means the person designated by the city for purposes of making inspections, sending notices, and otherwise enforcing the provisions of this article.
County
means the County of Falls, Texas.
Dangerous building, unsafe building, and substandard building
mean any building located within the incorporated limits of the city that is:
(1) 
In such a state or condition of repair or disrepair that all or any of the following conditions exist:
(A) 
Walls or other vertical structural members list, lean, or buckle;
(B) 
Damage or deterioration exists to the extent the building cannot be used or occupied without risk of injury, or to the extent the building poses a danger to persons on the property or adjacent property;
(C) 
Loads on floors or roofs are improperly distributed or the floors or roofs are of insufficient strength to be reasonably safe for the purposes used;
(D) 
Damage by fire, wind, or other cause has rendered the building or structure dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the city;
(E) 
The building or structure is so dilapidated, substandard, decayed, unsafe, unsanitary or otherwise lacking in the amenities essential to decent living or use that the same is unfit for human habitation or occupancy, or is likely to cause sickness, disease or injury or otherwise to constitute a detriment to the health, morals, safety or general welfare of those persons assembled, working, or living therein or is a hazard to the public health, safety and welfare;
(F) 
Light, air, and sanitation facilities are inadequate to protect the health, morals, safety, or general welfare of persons who assemble, work, or live therein;
(G) 
Stairways, fire escapes, and other facilities of egress in case of fire or panic are inadequate;
(H) 
Parts or appendages of the building or structure are so attached that they are likely to fall and injure persons or property;
(I) 
The floors, exterior walls, or roof fail to protect occupants of the building or structure from weather, injury, and the danger of collapse due to the presence of holes, cracks, and loose, rotten, warped, or protruding boards or other similar damage in floors, exterior walls or the roof;
(J) 
Conditions of the structure or building constitute a material violation of provisions of the city’s building codes, plumbing code, fire prevention code, or electrical code (the “codes”). For the purposes of this section, a “material” violation is a violation of any provision or provision of the codes that creates a significant risk of personal injury, death, or property damage;
(2) 
Dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare of the city’s residents;
(3) 
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
(4) 
Boarded up, fenced or otherwise secured in any manner if:
(A) 
The building constitutes a danger to the public even though secured from entry; or
(B) 
The means used to secure the building are inadequate to prevent unauthorized entry or use of the building to the extent 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;
(C) 
Defined as a dangerous or unsafe building by the 2012 International Property Maintenance Code, published by the International Code Council, Inc.
Responsible parties
means the owner, and any mortgagee or lienholder identified by the owner or by search of the public tax records and real property records of the county, and any occupant or person residing within, or in custody of, the building or structure.
Structure
means that which is constructed.
(Ordinance 2015-12-14-01, sec. 5(1.01), adopted 12/14/15)
(a) 
It shall be unlawful for any person to maintain or permit the existence of any dangerous building in the city, and it shall be unlawful for any person to permit same to remain in such condition.
(b) 
All dangerous buildings, unsafe buildings, and substandard buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures provided in this article.
(c) 
The code enforcement authority shall enforce the provisions of this article.
(Ordinance 2015-12-14-01, sec. 5(2.01), adopted 12/14/15)
The code enforcement authority shall inspect, or cause to be inspected, every building, or portion thereof, reported to be dangerous. If such building, or any portion thereof, is determined to be dangerous, the code enforcement authority shall give the responsible parties notice in accordance with the requirements set forth in this article. The code enforcement authority shall also:
(1) 
Inspect or cause to be inspected, when necessary, any building or structure within the incorporated limits of the city, including public buildings, schools, halls, churches, theaters, hotels, tenements, or apartments, multifamily residences, single-family residences, garages, warehouses, and other commercial and industrial structures of any nature whatsoever for the purpose of determining whether any conditions exist which render such places a “dangerous building” as defined in this article.
(2) 
Inspect any building, wall or structure about which complaints have been filed by any person to the effect that a building, wall or structure is or may be existing in violation of this article.
(3) 
Report to the board of adjustments and appeals any noncompliance with the minimum standards set forth in this article. The city code enforcement authority shall obtain from the secretary of the board of adjustments and appeals a hearing date for a public hearing by the board of adjustments and appeals on any building believed to be a dangerous building and shall provide the secretary of the board of adjustments and appeals with copies of the written notice to persons with interests in the property as required under this article.
(4) 
Appear at all hearings conducted by the board of adjustments and appeals and testify as to the conditions of dangerous buildings within the city.
(5) 
Place a notice on all dangerous buildings reading as follows: “This building has been found to be a dangerous building by the City of Rosebud Code Enforcement Authority. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given to the owner(s), occupant(s) and person(s) with interests in the property as shown by the records of the City Secretary and the Tax Appraisal District. It is unlawful to remove this notice until such notice is complied with.”
(6) 
Request the mayor or city administrator, as applicable, to have the building inspector, or an appropriate engineer or building inspector, provide additional inspections and reports and act as an expert witness at hearings for buildings that appear marginally dangerous.
(7) 
Make a diligent effort to determine the identity and address of each owner, lienholder, or mortgagee. The code enforcement authority satisfies the requirements of this subsection to make a diligent effort, to use best efforts, or to make a reasonable effort to determine the identity and address of an owner, a lienholder, or a mortgagee if the code enforcement authority searches the following records:
(A) 
County real property records of the county in which the building is located;
(B) 
Appraisal district records of the appraisal district in which the building is located;
(C) 
Records of the secretary of state;
(D) 
Assumed name records of the county in which the building is located;
(E) 
Tax records of the city; and
(F) 
Utility records of the city.
(8) 
Perform the other requirements with respect to notification of public hearings as are set forth more specifically in this article.
(Ordinance 2015-12-14-01, sec. 5(2.02), adopted 12/14/15; Ordinance adopting 2018 Code)
(a) 
Should the code enforcement authority determine that a building within the city is a dangerous building, he/she shall, in the manner provided for in this article, attempt to identify all the responsible parties that have an interest in the building, and give written notification of the dangerous building or condition by certified mail return receipt requested and regular U.S. mail to each of the identified responsible parties that are identified by the search made pursuant to subsection (4) below [section 3.03.004(7)]. Such notice shall include:
(1) 
The address or legal description of the property where the building or structure deemed unsafe is located;
(2) 
A statement of the specific conditions, violations, or defects which make the building or structure a dangerous building;
(3) 
Notice of the date and time of a public hearing before the board of adjustments and appeals to determine whether the building complies with the standards set out in this article; and
(4) 
A statement that the owner, lienholder, mortgagee, or persons with a legal interest in the building 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 amount of time it will take to reasonably perform the work.
(b) 
The notice required under this section must be either personally delivered or mailed on or before the 10th day before the date of the hearing unless the code enforcement authority determines that the property, building, or structure is in immediate need to be secured, repaired, or abated and the property, building, or structure presents an immediate threat to the health, safety, and welfare of the public. For purposes of providing the minimum notice under this subsection, the notice of dangerous building or dangerous condition of property shall be deemed served upon the responsible parties on the date the notice is deposited with the U.S. Postal Service.
(c) 
Such notice shall be served upon the responsible parties both by certified mail and regular U.S. mail as required in this section.
(Ordinance 2015-12-14-01, sec. 5(2.03), adopted 12/14/15)
(a) 
Should the code enforcement authority determine that any building or structure within the incorporated limits of the city is a dangerous building, or is unoccupied and unsecured, or is occupied only by persons who do not have a right of possession of the building, he/she shall cause the building to be secured.
(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 10-day period in a newspaper of general circulation in the county in which the building is located 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) 
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 violation of the city standards that is 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 municipality’s securing of the building.
(d) 
The board of adjustments and appeals shall conduct a hearing at which any of the responsible parties may testify and present witnesses and written information about any matter relating to the city’s securing of the building, if, within 30 days after the date the code enforcement authority secures or causes to be secured the building, a responsible party files a written request for the hearing. The board of adjustments and appeals shall conduct the hearing within 20 days after the date the request is filed with the city.
(e) 
The city shall impose a lien against the land on which the building stands, unless it is a homestead, to secure the payment of the cost of securing the building. Promptly after the imposition of the lien, the city shall file for record, in recordable form in the official public records of the county, a written notice of the imposition of the lien. The notice shall contain a legal description of the land.
(Ordinance 2015-12-14-01, sec. 5(2.04), adopted 12/14/15)
(a) 
A notice of dangerous building or dangerous condition of property as required under this article shall include notice of the date and time of a public hearing and shall be deemed properly served upon the responsible parties if a copy thereof is:
(1) 
Served upon him/her personally;
(2) 
Sent by registered or certified mail, return receipt requested, and regular U.S. mail to the last known address of such person as shown on the records of the city; or
(3) 
Posted in a conspicuous place in or about the building affected by the notice.
(b) 
When the city mails a notice in accordance with this section to a property owner, lienholder, or mortgagee, and the United States Postal Service returns the notice “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered delivered.
(c) 
The city shall file notice of the hearing in the public records of real property of the county.
(Ordinance 2015-12-14-01, sec. 5(2.05), adopted 12/14/15)