Approved.
Approved by the building official or other authority having jurisdiction.
Board.
The board of adjustment of the town.
Building.
Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for fifty (50) percent of its perimeter. The term “building” shall be construed as if followed by the words “or part thereof.” For the purpose of this article, each portion of a building separated from other portions by a firewall shall be considered as a separate building.
Building official.
The officer or other designated authority charged with the administration and enforcement of this article, or his duly authorized representative.
Owner.
Any person, agent, firm or corporation having a legal or equitable interest in the property.
Structure.
That which is built or constructed.
(1992 Code, sec. 3.701; 2006 Code, sec. 3.701)
The owner of a property situated within the town is hereby required to vacate, relocate the occupants, secure, repair, remove or demolish a building that is:
(1) 
Dilapidated, substandard or unfit for human habitation; and
(2) 
A hazard to the public health, safety and welfare.
(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.
(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 in the manner described by subsection (3).
(Ordinance 366 adopted 4/8/02; 2006 Code, sec. 3.702)
The minimum standards for continued use and occupancy of all buildings regardless of the date of the construction are as follows:.
(1) 
Any means of egress or portion thereof is not of adequate size or is not arranged to provide a safe path of travel in case of fire or panic.
(2) 
Any means of egress or portion thereof, such as but not limited to fire doors, closing devices and fire-resistive ratings, is in disrepair or in a dilapidated or nonworking condition such that the means of egress could be rendered unsafe in case of fire or panic.
(3) 
The stress in any material, member or portion thereof, due to all imposed loads, including dead load, exceeds the stresses allowed in the International Building Code for new buildings.
(4) 
The building, structure or portion thereof has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the building or structure is less than it was prior to the damage and is less than the minimum requirement established by the International Building Code for new buildings.
(5) 
Any exterior appendage or portion of the building or structure is not securely fastened, attached or anchored such that it is capable of resisting wind, seismic or similar loads as required by the International Building Code for new buildings.
(6) 
If for any reason the building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is being used.
(7) 
The building, structure or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse.
(8) 
The building, structure or portion thereof has been constructed or maintained in violation of a specific requirement of the International codes or of a town, county or state law.
(9) 
Any building, structure or portion thereof that is in such a condition as to constitute a public nuisance.
(10) 
Any building, structure or portion thereof that is unsafe, unsanitary or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or which, in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment.
(1992 Code, sec. 3.703; 2006 Code, sec. 3.703; Ordinance adopting 2021 Code)
The building official shall inspect or cause to be inspected any building, structure or portion thereof which is or may be unsafe. After the building official has inspected or caused to be inspected a building, structure or portion thereof and has determined that such building, structure or portion thereof is unsafe, he shall initiate proceedings to cause the abatement of the unsafe condition by repair, vacation or demolition or combination thereof.
(1992 Code, sec. 3.704; 2006 Code, sec. 3.704)
(a) 
Notice required.
Notice of the intentions of the town with respect to the building or structure shall be given to the owner of such building or structure prior to any action being taken.
(b) 
Contents of notice.
The building official shall prepare and issue a notice of unsafe building directed to the owner of record of the building or structure. The notice shall contain, but not be limited to, the following information:
(1) 
The street address and general description of the building, structure or premises.
(2) 
A statement indicating the building or structure has been declared unsafe by the building official, and a detailed report documenting the conditions determined to have rendered the building or structure in violation of the provisions of this article.
(3) 
A statement advising that any person having any legal interest in the property may attend a public hearing before the board of adjustment, and such notice shall state the time, date and place of the public hearing.
(c) 
Persons entitled to notice.
The notice and all attachments thereto shall be served upon the owner of record and posted on the property in a conspicuous location. A copy of the notice and all attachments thereto shall also be served on any person determined from official public records to have a legal interest in the property. Failure of the building official to serve any person herein required to be served other than the owner of record shall not invalidate any proceedings hereunder nor shall it relieve any other person served from any obligation imposed on him.
(d) 
Service of notice.
The notice shall be served either personally or by certified mail, postage prepaid, return receipt requested, to each person at the address as it appears on the official public records. If addresses are not available on any person required to be served the notice, the notice addressed to such person shall be mailed to the address of the building or structure involved in the proceedings. The failure of any person to receive notice, other than the owner of record, shall not invalidate any proceedings under this section. Service by certified or registered mail as herein described shall be effective on the date the notice was received as indicated on the return receipt.
(e) 
Proof of service of notice.
Proof of service of the notice shall be by written declaration indicating the date, time and manner in which service was made and signed by the person served on by the return receipt.
(f) 
Public hearing.
(1) 
A public hearing shall be conducted to determine whether a building complies with the standards set out in section 4.15.003 of this article. The hearing shall take place before the board of adjustment of the town.
(2) 
The public hearing shall offer all persons a reasonable opportunity to be heard on the specific matters relevant to the board of adjustment’s determination of the building official’s decision.
(3) 
A notice of hearing sent to an owner, lienholder, or mortgagee under this section shall include 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.
(4) 
A permanent record shall be made of all public hearings before the board of adjustment concerning this article.
(5) 
Four (4) members of the board shall constitute a quorum. In varying the application of any provisions of this article or in modifying an order of the building official, an affirmative vote of the majority present, but not less than four (4) votes, shall be required. A board member shall not act in a case in which he or she has a personal interest.
(6) 
The building official shall be an ex-officio member of the board, act as secretary and shall make a detailed record of all its proceedings. The record shall set forth the reasons for the board’s decisions the vote of each member to vote [sic].
(1992 Code, sec. 3.705; Ordinance 366 adopted 4/8/02; 2006 Code, sec. 3.705)
After a public hearing, as set forth in section 4.15.005, if a building is found in violation of the standards set out in this article, the building official may order that the building be vacated, secured, repaired, removed or demolished by the owner within a reasonable time. The building official may also order that the occupants be relocated within a reasonable time. If the owner does not take the ordered action within the allotted time, the building official shall make a diligent effort to discover each mortgagee and lienholder having an interest in the building or in the property on which the building is located. The building official shall send to each identified mortgagee and lienholder a notice containing:
(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 violation of municipal standards that is present at the building; and
(3) 
A statement that the building official will vacate, secure, remove, or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time.
(1992 Code, sec. 3.706; 2006 Code, sec. 3.706)
(a) 
As an alternative to the procedures set forth in section 4.15.006, the building official may make a diligent effort to discover each mortgagee and lienholder before conducting a public hearing and may give them a notice of and an opportunity to comment at the hearing. In addition, the town may file notice of hearing in the official public records of real property in the county in which the property is located. The notice must contain the name and address of the owner of the affected property if that information can be determined, a legal description of the affected property, and a description of the hearing. The filing of the notice is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after the filing of the notice, and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice. If this procedure is followed, the order issued by the board of adjustment shall specify a reasonable time for the building to be vacated, secured, repaired, removed or demolished by the owner or for the occupants to be relocated by the owner and an additional reasonable time for the ordered action to be taken by any of the mortgagees or lienholders in the event the owner fails to comply with the order within the time provided for action by the owner. Under this article, the building official is not required to furnish any notice to a mortgagee or lienholder other than a copy of the order in the event the owner fails to timely take the ordered action.
(b) 
Within 10 days after the date that the order is issued, the town shall:
(1) 
File a copy of the order in the office of the municipal secretary or clerk; and
(2) 
Publish in a newspaper of general circulation in the town in which the building is located a notice containing:
(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 stating where a complete copy of the order may be obtained.
(c) 
After the hearing, the town shall promptly mail by certified mail, return receipt requested, a copy of the order to the owner of the building and to any lienholder or mortgagee of the building. The town shall use its best efforts to determine the identity and address of any owner, lienholder, or mortgagee of the building. If a notice is mailed according to this subsection and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice shall be deemed as delivered.
(d) 
In conducting a hearing authorized under this section, the town shall require the owner, lienholder, or mortgagee of the building to within 30 days:
(1) 
Secure the building from unauthorized entry; or
(2) 
Repair, remove, or demolish the building, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days.
If the town allows the owner, lienholder, or mortgagee more than 30 days to repair, remove, or demolish the building, the order shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder, or mortgage to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the hearing official.
(e) 
The owner, lienholder, or mortgagee shall not be allowed 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.
(f) 
If the town 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 town shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the town 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 town 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 town may require the owner, lienholder, or mortgage to provide a letter of credit from a financial institution or a guaranty from a third party approved by the town. 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 town issues the order.
(g) 
In a public hearing to determine whether a building complies with the standards set out in section 4.15.003 hereof, the owner, lienholder, or mortgage has the burden of proof to demonstrate the scope of any work that may be required to comply with this article and the time it will take to reasonable perform the work.
(h) 
If the building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated, within the allotted time, the town may vacate, secure, remove, or demolish the building or relocate the occupants at its own expense. This subsection does not limit the ability of the town to collect on a bond or other financial guaranty that may be required.
(i) 
If the town incurs expenses under this article, the town may assess the expense on, and the town has a lien against, unless it is a homestead as protected by the state constitution, the property on which the building is, or was, located. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the town for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the county clerk in the county in which the property is located. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the town, and the balance due.
(j) 
If the notice is given and the opportunity to relocate the tenants of the building or to repair, remove, or demolish the building is afforded to each mortgagee and lienholder as authorized by section 4.15.006 or subsection (a) or (c) of this section, the lien is a privileged lien subordinate only to tax liens.
(k) 
A hearing under this section may be held by a civil municipal court.
(l) 
The requirements of this section to make a diligent effort, to use its best efforts, or to make a reasonable effort to determine the identity and address of an owner, a lienholder, or a mortgagee shall be deemed satisfied if the town searches 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) 
Tax records of the town; and
(6) 
Utility records of the town.
(Ordinance 366 adopted 4/8/02; 2006 Code, sec. 3.707)
If the building is not vacated, secured, repaired, removed or demolished, or the occupants are not relocated, within the allotted time, the building official may vacate, secure, remove, or demolish the building or relocate the occupants at the town’s expense subject to reimbursement and lien described in section 4.15.009.
(1992 Code, sec. 3.708; 2006 Code, sec. 3.708)
The provisions of section 214.001, subsections (f) and (g) [subsections (m) and (n)] of V.T.C.A., Local Government Code of the state, are hereby adopted for the establishment of a lien upon the property.
(1992 Code, sec. 3.709; 2006 Code, sec. 3.709)
In addition to the other authority granted herein and by the provisions of section 214.001, V.T.C.A., Local Government Code of the state, and after the expiration of the time allotted therein for the repair, removal or demolition of a building, the town may repair the building at its expense and assess the expenses on the land on which the building stands or to which it is attached after first giving ten (10) days’ notice to the owner by registered, return receipt mail at the last known address of the owner. The expenses incurred by the town then shall constitute a lien upon the property as herein provided and, if not paid, the town may proceed under the applicable law to enforce the same; or in the alternative, the town may assess a civil penalty against the property owner for failure to repair, remove or demolish the building in an amount of the estimated cost of repairing, removing or demolishing the building. Notice of the assessment shall be given to the owner by registered, return receipt mail at its last known address and giving the owner a reasonable time in which to commence the repair, removal or demolition from the date of the notice. In the event the owner fails to do so, a civil penalty then shall be established as a lien upon the land bearing interest at the rate of ten (10) percent per annum, all in accordance with the provisions of section 214.0015, V.T.C.A., Local Government Code of the state.
(1992 Code, sec. 3.710; 2006 Code, sec. 3.710)
(a) 
If the building official finds that a building, fence, shed, awning or other structure or part of a structure is likely to fall and endanger persons or property, he/she shall report the same to the town council and the council may:
(1) 
Order the owner of the building, fence, shed, sign, awning or other structure or part of a structure, the owner’s agents or the owner or occupant of the property on which the building, fence, shed, sign, awning or other structure or part of a structure is located to remove or demolish the building, fence, shed, sign, awning, or other structure or part of a structure, within a specified time; or
(2) 
Remove or demolish the building, fence, shed, sign, awning or other structure or part of a structure at the expense of the town, on behalf of the owner of the building, fence, shed, sign, awning or other structure or part of a structure or the owner of the property on which the building, fence, shed, sign, awning or other structure or part of a structure is located and assess the removal or demolition expenses on the property on which the building, fence, shed, sign, awning or other structure or part of a structure was located.
(b) 
The expenses of removal or demolition shall be assessed against the owner. A notice of the assessment shall be given to the owner by delivering it in person or by a registered, return receipt notice at the owner’s last known address. In the event the owner fails to pay, the town may levy a lien upon the property as provided for in this article for other like expenses and proceed to foreclose the same or to proceed to judgment in the civil court having jurisdiction of the same.
(c) 
In the event that the owner, after notice, fails to remove or demolish the building, fence, shed, sign, awning or other structure or part of a structure as set forth herein, he may be punished by a fine in accordance with the general penalty provision in section 1.01.009 of this code per day for each day that he fails to comply with the order of removal or demolition, each day being a separate offense, or by confinement in jail or both until such time as the order set forth herein has been fully complied with.
(1992 Code, sec. 3.711; 2006 Code, sec. 3.711)
(a) 
Compliance.
(1) 
Whenever the required repair, vacation or demolition is not commenced within thirty (30) days after the effective date of the order, the building, structure or premises shall be posted as follows:
UNSAFE BUILDING
DO NOT OCCUPY
It shall be punishable by law to occupy this building or remove or deface this notice. A person shall be punished by a fine in accordance with the general penalty provided in section 1.01.009 of the town’s Code of Ordinances per day for each day that he occupies a building that notice is posted when the owner fails to comply with the order of removal or demolition, each day being a separate offense, or by confinement in jail or both until such time as the order set forth herein has been fully complied with.
Building Official - Town of Sunnyvale
(2) 
Subsequent to posting the building, the building official may cause the building to be repaired to the extent required to render it safe or, if the notice requires demolition, to cause the building or structure to be demolished and all debris removed from the premises. The cost of repair or demolition shall constitute a lien on the property and shall be collected in a manner provided by law.
(3) 
Any monies received from the sale of a building or from the demolition thereof, over and above the cost incurred, shall be paid to the owner of record or other persons lawfully entitled thereto.
(b) 
Extension of time.
The building official may approve one (1) or more extensions of time as he or she may determine to be reasonable to complete the required repair or demolition. Such requests for extensions shall be made in writing stating the reasons therefor. If the extensions of time, in total, exceed one hundred twenty (120) days, they must also be approved by the board of adjustment, which may act without further public hearing.
(c) 
Interference.
No person shall obstruct or interfere with the implementation of any action required by the final notice of the building official or the board of adjustment. Any person found interfering with or obstructing any such actions shall be punished by a fine in accordance with the general penalty provision in section 1.01.009 of this code per day for each day that he fails to comply with the order of removal or demolition, each day being a separate offense, or by confinement in jail or both until such time as the order set forth herein has been fully complied with.
(d) 
Performance of work.
The repair or demolition of a building as required in the notice by the building official or the decision by the board of adjustment shall be performed in an expeditious and workmanlike manner in accordance with the requirements of this article and all other applicable codes and accepted engineering practice standards.
(1992 Code, sec. 3.712; 2006 Code, sec. 3.712; Ordinance adopting 2021 Code)
(a) 
The town may secure a building if the town determines the building:
(1) 
Does not meet the minimum standards set forth in section 4.15.003; and
(2) 
Is unoccupied or is occupied only by persons who do not have a right to possession to the building.
(b) 
Before the 11th day after the date of building is secured, the town 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) 
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 violation of the municipal standards that is present at the building;
(3) 
A statement that the town will secure or has secured, as the case may be, the building;
(4) 
An explanation of the owner’s entitlement to request a hearing about any matter relating to the town’s securing of the building.
(d) 
The town shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the town’s securing of the building if, within 30 days after the date the town secures the building, the owner files with the town a written request for the hearing. The town shall conduct the hearing within 20 days after the date the request is filed.
(e) 
The town has the authority to assess expenses under this section. A lien is created under this section in the same manner that a lien is created under section 4.15.009 and is subject to the same conditions as a lien created under that section.
(f) 
The authority granted by this section is an addition to the authority granted by Local Government Code section 214.001.
(Ordinance 366 adopted 4/8/02; 2006 Code, sec. 3.713)