(a)
This
article shall be known as the substandard building ordinance.
(b)
This
article covers the responsibilities of owners or property subject
to this article and the city’s authority to direct the securement,
occupancy, repair, removal, and demolition of such properties; establishes
a building and standards commission to hear and determine cases concerning
alleged violations; prescribes procedures for notice to owners, hearings,
appeals and other procedural requirements, and establishes civil and
criminal penalties for violations of this article.
(c)
This
article is hereby declared to be remedial, and is intended to promote
the beneficial interests and purposes hereof, which are to promote
public health, safety and welfare insofar as they are affected by
the continued occupancy and maintenance of buildings, structures and
premises.
(d)
This
article shall apply to all existing residential and nonresidential
properties, and it is intended to enforce applicable codes and ordinances
and established minimum standards for the continued use and occupancy
of all properties, regardless of when they were constructed or when
their occupancy began, including, without limitation: the minimum
requirements and standards for light, ventilation, heating, sanitation,
protection from the elements, life safety, safety from fire and other
hazards, and for safe and sanitary maintenance.
(e)
All
property covered by this article, both existing and new, and all parts
thereof, shall be maintained in a safe and sanitary condition. All
devices or safeguards which are required by this article or other
applicable ordinances in a property when erected, altered or repaired
shall be maintained in good working order. The owners shall be responsible
for the maintenance of properties and compliance with all other requirements
of this article.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
To eliminate a noncompliance or cure a violation as directed
or permitted by the city, including by securement, removal, vacation,
or demolition.
Any change or modification in construction or occupancy.
A structure of any kind or any part thereof, erected for
the support, shelter or enclosure of persons, animals, chattel or
personal property of any kind.
The person charged with the administration and enforcement
of this article, and any duly authorized representative.
To adjudge as unfit for occupancy.
The state of a building or structure that has deteriorated
or is in disrepair.
A structure or part thereof designed, used or intended to
be used exclusively for residential purposes.
A single unit providing independent living facilities for
one or more persons, including permanent provisions for living, sleeping,
eating, cooking and sanitation.
Any person living or sleeping in a building or having possession
of a space within a building.
The holder of the title to property, as it may appear in
the real property records of the county or the records of the county
appraisal district. It shall also mean any person who, alone or jointly
or severally with others, shall have charge, care or control of the
property, including, without limitation, as executor, administrator,
trustee, guardian of the estate of the owner, mortgagee, lienholder,
and any other person in control of the property; or any of their duly
authorized agents.
A lot, plot or parcel of land, including the buildings or
structures thereon.
Includes buildings, structures and premises.
The permitted, lawful replacement of existing work with the
same kind of material used in the existing work, or permitted substitute,
but not additional work beyond that. The term “repair”
or “repairs” shall not apply to any change of construction.
Required by some provision of this article or other applicable
law.
A building designed, used or intended to be used for human
habitation, and includes dwellings or dwelling units.
That which is built or constructed, an edifice or building
of any kind, or any piece of work artificially built up or composed
of parts joined together in some definite manner, or any part of the
aforementioned.
A property which is lacking habitual presence of human beings
or at which all business operations or residential occupancy has ceased.
(b)
When
minimum standards for the strength, stability or proper operation
of an existing property or for the public safety, health and welfare,
are not specifically covered by this article or other applicable ordinances,
the building official shall reasonably determine the same.
(c)
The city hereby declares that all properties which are determined to be dilapidated, substandard, or unfit for human habitation, based upon minimum standards adopted in this article and/or in any city ordinance, including articles 3.02 and 5.02, are public nuisances. The ordinances being enforced hereunder are those:
(1)
For the preservation of public safety, relating to the materials
or methods used to construct a building or improvement, including
the foundation, structural elements, electrical wiring or apparatus,
plumbing and fixtures, entrances, or exits;
(2)
Relating to the fire safety of a building or improvement, including
provisions relating to materials, types of construction or design,
warning devices, sprinklers or other fire suppression devices, availability
of water supply for extinguishing fires, or location, design, or width
of entrances or exits;
(3)
Relating to dangerously damaged or deteriorated buildings or improvements;
(4)
Relating to conditions caused by accumulations of refuse, vegetation,
or other matter that creates breeding and living places for insects
and rodents;
(5)
Relating to a building code or to the condition, use, or appearance
of property in a municipality;
(6)
Relating to animal care and control; and
(7)
Relating to water conservation measures, including watering restrictions,
and the owner of any substandard structure shall be ordered to have
the same secured, repaired, removed or demolished, and the same may
be ordered to be vacated, as provided in this article. If the public
nuisance is other than a substandard structure, the owner shall be
ordered to have the violation abated.
(d)
The
building official is authorized and directed to enforce all of the
provisions of this article and shall have the power to render interpretations
of this article.
(e)
Upon
any complaint or visual observations, with or without prior notice,
the building official is authorized to inspect or cause to be inspected
any existing property located within the city to determine its condition
and whether it meets any applicable minimum standards.
(1)
If the property is occupied, the building official shall present
credentials to the occupant and request entry.
(2)
If unoccupied, the building official must first make reasonable effort
to locate the owner or other persons having control, in order to present
credentials and request entry to the property.
(3)
If entry is refused, or reasonable attempts to locate or contact
the owner or other persons having control be unavailing, the building
official shall have recourse to every remedy provided by law to secure
entry, including securing a search warrant from the municipal judge
or any other magistrate with authority.
(f)
After inspection, if the building official determines that a property is not in compliance with the applicable provisions in articles 3.02 and 5.02 or other applicable law, proceedings hereunder shall be initiated to cause the abatement of the condition by securement, repair, removal, demolition or vacation, or a combination thereof.
(g)
If
the building official determines that the property is not in compliance
with applicable ordinances, the owner or other persons having control
shall be so notified in writing and advised of the measures required
to abate any violations. If the building official condemns the property
as unfit for occupancy, the owner shall be ordered to have the same
vacated and secured from outside entry, within such period of time
as reasonably specified and ordered in the notice. The notice shall
advise that failure to do so may result in the building official securing
the property at the owner’s expense, that the owner shall be
assessed the costs, and that a lien may be placed on the property
upon which the structure is located, unless the structure is a homestead.
(h)
If
a building or structure poses an immediate hazard to life, other property
or to the safety of the public, the building official shall issue
to the owner an order to vacate the premises immediately.
(1)
The building official shall post a notice at each exit and entrance
to the building or structure which shall include the following statement: “This
building is unsafe and its use or occupancy has been prohibited by
the Nolanville Building Official.”
(2)
Such order to vacate shall remain posted until the required repairs
are made or the removal or demolition is completed.
(3)
It shall be unlawful for any person or his agent to remove such notice
without written permission of the building official, or for any person
to enter the building or structure, except after the issuance of any
required permit(s) and for the purposes of making the required repairs,
removal or demolishing the building or structure.
(i)
If
the property has sustained damage by fire, explosion, wind, vandalism,
or elements of nature or by other means to such an extent that it
is determined likely to fall in the immediate future, or that it is
incapable reasonably to be secured from unauthorized entry, or if
it is determined likely to fall in the immediate future on another
property or inhabited area, the building official shall in writing
order the owner to immediately demolish the building or structure,
failing in which the same may be demolished by the city at the owner’s
expense. The order shall advise that the owner shall be assessed all
the costs of the city’s demolition, and that a lien may be placed
on the property upon which the building or structure is located, unless
the same is a homestead. In exigent circumstances and upon the fire
marshal’s recommendation, the building official may order the
immediate demolition of the structure, with reasonable efforts exerted
to reach the owner. As soon as reasonably possible the building official
shall notify the property owner in writing.
(j)
Pursuant
to Local Government Code section 54.018, the city may bring an action
in rem against the structure to compel the repair, removal or demolition
of a structure or to obtain approval to remove the structure and recover
removal costs. In any such action the city may also bring a claim
for civil penalties under section 54.017, and an action against that
may result in a judgment against the structure as well as a judgment
against the defendant. The city may also file a notice of lis pendens
in the office of the county clerk.
(k)
In
the event the building official deems a property with historic designation,
or located in a historic district, is safe and not a hazard to the
public health, safety or welfare, the provisions of this article shall
not be mandatory for the same.
(a)
Whenever the building official determines that a property is not in compliance with any provision in articles 3.02 and 5.02 or other applicable law, the building official shall provide written notice of any alleged violations to the subject property’s owners of record and to each holder of a recorded lien against the affected property, as shown by the records in the office of the county clerk. The city shall exercise due diligence to determine the identity and address of all owners, registered agents, lienholders, and mortgagees, including a search of the following sources:
(1)
The real property records of the county;
(2)
The records of the county central appraisal district;
(3)
The records of the Secretary of State of Texas, if the property owner,
lienholder, or registered agent is a corporation, partnership, or
other business association;
(4)
The assumed name records of the county;
(5)
The city’s tax records; and
(6)
The city’s utility records.
(b)
Such
notice of violation shall state the reason(s) why it is being issued
and contain, but not be limited to, the following information:
(1)
Name and address of the owner of the affected property, and any lienholder,
or mortgagee;
(2)
Street address and legal description, if available;
(3)
Include the following statement: “According to the real property
records of the county, you own the real property described in this
notice. If you no longer own the property, you must execute an affidavit
stating that you no longer own the property and stating the name and
last known address of the person who acquired the property from you.
The affidavit must be delivered in person or by certified mail, return
receipt requested, to this office not later than the 20th day after
the date you receive this notice. If you do not send the affidavit,
it will be presumed that you own the property described in this notice,
even if you do not”;
(4)
A statement that the building official has found the structure to
be dilapidated, substandard, or unfit for human habitation, as the
case may be, and a public nuisance required to be abated, and include
a brief and concise description of the conditions found to so render
the structure;
(5)
Order the action(s) required to be undertaken as abatement, including
but not limited to securing a building and/or other permit application
as needed to secure, repair, remove, demolish, and/or vacate;
(6)
State that if an application for any such permit is not completed
and filed within the stated time as set forth in the notice, legal
proceedings shall be instituted charging the owner, lienholder, or
mortgagee with a violation of this article;
(7)
Include a notice of hearing stating the date, time, place, and brief
description of the public hearing to be held before the commission
or the municipal court of record, which cannot schedule a hearing
for any time before the 20th day after the notice of violation is
received by the purported owner; and
(8)
State that the owner(s), lienholder(s), or mortgagee(s) will be required
to submit at the hearing proof of the scope of any work that may be
required to comply with the applicable ordinance requirements and
the time it will take to reasonably perform the work.
(c)
Service
of the notice of violation shall be as follows:
(1)
To the record owners of the affected property, and each holder of
a recorded lien against the affected property, including any mortgagee,
as shown by the records in the office of the county clerk, if the
address of the lienholder can be ascertained from the deed of trust
establishing the lien or other applicable instruments on file in the
office of the county clerk, by personal delivery, by certified mail
with return receipt requested, or by delivery by the United States
Postal Service using signature confirmation service;
(2)
To all unknown owners, by posting a copy of the notice on the front
door of each improvement situated on the affected property or as close
to the front door as practicable;
(3)
The notice of violation must also be posted and either personally delivered or mailed on or before the 10th day before the date of the hearing before the commission or the municipal court of record created pursuant to section 3.04.005 of this article, and must state the date, time, and place of the hearing;
(4)
The notice of hearing must be published in a newspaper of general
circulation in the city on one occasion on or before the 10th day
before the date fixed for the hearing; and
(5)
The notice of hearing may also be filed with the county clerk in
the official public records of real property.
(d)
The
city secretary shall forward a copy of the notice of violation to
the building and standards commission or the municipal court of record
to be placed on its agenda.
(e)
If
the city sends the aforementioned notice to the owner of the property
to which the notice relates and the record owner no longer owns the
property, the relevant provisions of Local Government Code, section
54.005 shall be followed.
(a)
There
is hereby established a building and standards commission (“commission”)
in and for the city, to hear and determine cases concerning alleged
violations of the type of ordinances described in Texas Local Government
Code section 54.032, including violations of Local Government Code
chapter 214.
(b)
The
commission shall consist of at least five (5) members appointed by
the city council. The members of the city council may appoint any
member or members of the city council and/or the mayor to serve on
the commission. The commission shall operate and conduct its business
in accordance with the provisions of subchapter C of chapter 54 of
the Texas Local Government Code. The city council may appoint additional
alternate members to the commission, who shall serve in the absence
of one or more of the regular commission members, when requested to
do so by the mayor or city manager. Alternate members shall serve
on an alternating basis such that all alternate members have equal
opportunities to serve on the commission. In the event of a conflict
of interest of a regular or alternate member of the commission whereby
such member may not serve on the commission, city council shall appoint
a replacement of that member to serve on the commission.
(c)
Appointments
of regular and alternate members to the commission shall be for terms
of two (2) years. The city council may remove a member or alternate
member of the commission for cause, as found by the city council on
a written charge. Before a decision regarding removal is made, if
requested by the commission member subject to the removal action,
the city council must hold a public hearing on the matter.
(d)
A
vacancy shall be filled for the unexpired term.
(e)
The
mayor, if appointed to the commission, shall serve as chairman of
the commission. In the absence of the mayor, the mayor pro-tem, if
appointed to the commission, shall serve as acting chairman of the
commission. Otherwise, a quorum of the commission shall elect the
commission’s chairman and, when the elected chairman is absent
or does not serve, an acting chairman.
(f)
The
city council may by ordinance or resolution designate the city municipal
court of record sitting as a civil municipal court as the municipal
body to conduct public hearings in accordance with this article and
section 214.001(p), Local Government Code.
(a)
A
simple majority of the commission shall constitute a quorum for the
transaction of the commission’s business.
(b)
A
majority of the commission shall adopt rules for the commission. The
presiding judge shall adopt rules for the municipal court of record.
The rules shall establish procedures for use in hearings, providing
ample opportunity for presentation of evidence and testimony by respondents
or persons opposing charges brought by the city relating to alleged
noncompliance with applicable ordinances.
(c)
The
city council hereby designates the building official or designee(s)
as the city official who shall present all cases before the commission
or the municipal court of record.
(d)
Commission
meetings and meetings of the municipal court of record shall be held
at the call of the chairman or presiding judge and at other times
as determined by the commission or the municipal court of record.
All commission or municipal court of record meetings shall be open
to the public. The chairman, or in the chairman’s absence each
acting chairman, or the presiding judge may administer oaths and compel
the attendance of witnesses.
(e)
The
commission shall keep minutes of its proceedings showing the vote
of each member on each question or the fact that a member is absent
or fails to vote. The commission or the municipal court of record
shall keep records of its examinations and other official actions.
The minutes and records of all public hearings shall be filed immediately
as public records.
The manner and style of notices by the commission or the municipal
court of record shall be as provided in section 54.035 of the Local
Government Code.
The commission or the municipal court of record, after conducting
a public hearing, may:
(1)
Order
the repair, within a specified period of time, of buildings found
to be in violation of an ordinance;
(2)
Declare
a building substandard in accordance with the powers granted to the
commission or the municipal court of record under subchapter C, chapter
54 of the Local Government Code and Chapter 214 of the Local Government
Code;
(3)
Order,
in an appropriate case, the immediate removal of persons or property
found on private property, enter and allow others entry onto private
property to secure such removal if it is determined that conditions
exist on the property that constitute a violation of an ordinance,
and order action to be taken as necessary to remedy, alleviate, or
remove any substandard building found to exist;
(4)
Issue
orders or directives to any peace officer of the state, including
a sheriff or constable or the chief of police of the municipality,
to enforce and carry out the lawful orders or directives of the commission
or the municipal court of record;
(5)
Determine
the amount and duration of the civil penalty the city may recover
as provided by section 54.017 of the Local Government Code, which
civil penalty may not exceed $1,000.00 a day for a violation of an
ordinance, except that a civil penalty may not exceed $5,000.00 a
day for a violation of an ordinance relating to point source effluent
limitations or the discharge of a pollutant, other than from a nonpoint
source, into a sewer system, including a sanitary or stormwater sewer
system, owned or controlled by the city. Any civil penalties shall
be enforceable as provided in subchapter B, chapter 54 of the Local
Government Code.
(a)
To
determine if a structure is substandard or in violation of any applicable
ordinance, law or regulation, the building official or their designee
shall schedule a public hearing before the commission or municipal
court of record.
(b)
A
public hearing based on a notice of violation and order issued by
the building official shall be conducted for the purposes of determining
whether or not to uphold the building official’s determination
and order. The commission or the municipal court of record shall hear
evidence propounded by the building official and any other witnesses
with relevant information, including but not limited to the owners,
lienholders and mortgagees. The commission or the municipal court
of record shall make a determination as to the occupancy, securement,
repair, removal or demolition of the property.
(c)
At
the public hearing, the commission or the municipal court of record
shall:
(1)
Hear the report detailing the violations found by the building official
and abatement recommendations.
(2)
Give the owner(s), mortgagee(s) or lienholder(s) an opportunity to
respond to the building official’s findings and recommendations,
including the scope of the work and financial capability of repairing
the structure. The burden is on the owner(s), mortgagee(s) or lienholder(s)
to demonstrate the scope of any work required to comply with the applicable
standards and the time it will take to perform the work.
(d)
After
both sides have been heard, the commission or the municipal court
of record shall open the floor to receive public comments from those
who wish to speak on behalf of or against the findings and/or recommended
action.
(e)
Within
five (5) business days from the date of its hearing the commission
or the municipal court of record shall issue a written decision stating
its findings, and an order, and deliver a copy to the building official.
(f)
Within
ten (10) days after the date the building official receives the commission’s
or municipal court of record’s decision and order:
(1)
A copy must be filed in the office of the city secretary;
(2)
A copy must be served by personal and acknowledged delivery or certified
mail, return receipt requested, to the record owner and to all persons
upon whom service of the notice of violation was required; and
(3)
A notice of the same must be published in the official newspaper
of the city, containing:
(g)
The
commission or the municipal court of record is hereby authorized to
issue orders in the alternative. If the commission or the municipal
court of record shall order securement, repair, removal, demolition
and/or vacation of the structure within a certain time limit, and
it may also order of demolition if the repair or removal of the structure
is not accomplished or diligently carried out according to its order
[sic]. In such case the order of the commission or the municipal court
of record requiring demolition shall not require an additional hearing.
(h)
When
ordering a building demolished, the city bears the burden of proof
to establish that repairs cannot be made to the building without substantial
reconstruction.
(i)
If
the commission or the municipal court of record orders demolition,
then the order shall require that the owner promptly obtain any required
permits, that the structure be secured from unauthorized entry, and
that the structure be demolished within 30 days from the date of delivery
of such order, or within such additional time as the commission or
the municipal court of record may determine reasonable. The commission’s
or municipal court of record’s order shall also advise the owner
that in the event of a failure to demolish within such period, then
the city may demolish or cause the demolition no earlier than thirty-five
(35) calendar days after the date of service of a copy of the commission’s
or municipal court of record’s order upon all persons to whom
notice is required to be sent under Local Government Code section
54.035, or if additional time to demolish has been allowed by the
commission or the municipal court of record, then no earlier than
after such additional time has expired, and that the owner shall be
responsible for reimbursing the city for all costs relating to such
demolition, for which the city shall record a lien on the property
in compliance with applicable procedures.
(j)
The
commission or the municipal court of record shall not allow the owner,
lienholder or mortgagee more than thirty (30) days to repair, remove,
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 thirty
(30) days, in which case the commission or the municipal court of
record may extend the time schedule. Additionally, the owner, lienholder,
and/or mortgagee may be ordered to:
(k)
The
commission or the municipal court of record may also order that the
occupants, if any, be relocated within a reasonable time.
(l)
The
city attorney is authorized to enforce the commission’s or municipal
court of record’s orders by pursuing any available legal process.
(a)
Any
owner, lienholder, or mortgagee of record jointly or severally aggrieved
by any decision of the commission or the municipal court of record
may present a petition to a district court, duly verified, setting
forth that the decision is illegal, in whole or in part, and specifying
the grounds of the illegality. The petition must be presented to the
district court within thirty (30) calendar days after the date a copy
of the final decision of the commission or the municipal court of
record is personally delivered, mailed by first class mail with certified
return receipt requested, or delivered by the United States Postal
Service using signature confirmation service, to all persons to whom
notice is required to be sent under Local Government Code section
54.035. The commission or the municipal court of record shall deliver
or mail that copy promptly after the decision becomes final.
(b)
In
addition, an abbreviated copy of the final order shall be published
one time in a newspaper of general circulation in the city within
10 calendar days after the date of the delivery or mailing of the
copy as provided by this section, including the street address or
legal description of the property; the date of the hearing, a brief
statement indicating the results of the order, and instructions stating
where a complete copy of the order may be obtained, and a copy shall
be filed with the city secretary.
A violation of any of the provisions of this article is a class “C”
misdemeanor. Any person violating any provision of this article shall,
upon conviction thereof, be punished by a fine of not less [than]
$100.00 nor more than $500.00, and not to exceed $2,000.00 for regulations
governing fire safety, zoning, or public health and sanitation, and
not to exceed $4,000.00 for regulations governing the dumping of refuse.
A separate offense shall be deemed committed each day during or on
which a violation or failure to comply occurs or continues to occur.
(Ordinance D21-01 adopted 1/7/21)
