This article shall be known as the property maintenance code
of the city and shall be referred to herein as “this code.”
(Ordinance 2019-3 adopted 2/14/19)
The purpose of this code is to provide minimum standards and
regulations to help safeguard and preserve life or limb, property
and public welfare by regulating the use, occupancy, and maintenance
of all structures. buildings and properties within the city.
(Ordinance 2019-3 adopted 2/14/19)
This code shall apply to all zoning districts, land, properties,
structures and buildings within the city, including all vacant, occupied,
residential, nonresidential, improved or unimproved land, properties,
structures and buildings.
(Ordinance 2019-3 adopted 2/14/19)
If any other ordinances of the city conflict with this code
and the standards and regulations established herein, the more stringent
or stricter standards or regulations shall prevail.
(Ordinance 2019-3 adopted 2/14/19)
Where terms are not specially defined, they shall have their
ordinary accepted meanings within the context within which they are
used. Webster’s Third New International Dictionary of the English
Language, Unabridged, Copyright 1981, shall be considered as providing
ordinary accepted meanings. Words in the singular include the plural
and the plural the singular. Words used in the masculine gender include
the feminine and the feminine the masculine. The following terms are
defined as follows and shall apply to all sections of this code unless
defined elsewhere in this article:
Any building or structure which has any or all of the conditions
or defects hereinafter described shall be deemed to be a dangerous
building, and a hazard to the public health, safety, and welfare and
a public nuisance, provided that such conditions or defects of dilapidation,
substandardness, or unfitness for human habitation pose a threat or
potential threat to life, health, property, or human safety:
Whenever any 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 in case of fire or panic.
Whenever the walking surface of any aisle, passageway, stairway,
or other means of exit is so warped, worn, loose, torn, or otherwise
unsafe as to not provide safe and adequate means of exit in case of
fire or panic.
Whenever the stress in any materials, member or portion thereof,
due to all dead and live loads, is more than one and one-half times
the working stress or stresses allowed in the building code for new
buildings of similar structure, purpose or location.
Whenever any portion thereof has been damaged by fire, earthquake,
wind, flood, or by any other cause, to such an extent that the structural
strength or stability thereof is materially less than it was before
such catastrophe and is less than the minimum requirements of the
building code for new buildings of similar structure, purpose, or
location.
Whenever any portion, member, or appurtenance thereof is likely
to fail, or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
Whenever any portion of a building, or any member, appurtenance,
or ornamentation on the exterior thereof, is not of sufficient strength
or stability, or is not so anchored, attached or fastened in place,
so as to be capable of resisting a wind pressure of one-half of that
specified in the building code for new buildings of similar structure,
purpose, or location without exceeding the working stresses permitted
in the building code for such buildings.
Whenever the building 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 to support such building;
The deterioration, decay, or inadequacy of its foundation; or
Any other cause;
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is likely to partially or completely collapse.
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Whenever, for any reason, the building or structure, or any
portion thereof, is manifestly unsafe for the purpose for which it
is being used.
Whenever the exterior walls or other vertical structural members
list, lean, or buckle to such an extent that a plumbline passing through
the center of gravity does not fall inside the middle one-third of
the base.
Whenever the building or structure, exclusive of the foundation,
shows thirty-three (33) percent or more damage or deterioration of
its supporting member or members, or fifty (50) percent damage or
deterioration of its nonsupporting members, or fifty (50) percent
damage or deterioration of enclosing or outside walls or coverings.
Whenever the building or structure has been so damaged by fire,
wind, earthquake or flood, or has become so dilapidated or deteriorated
or neglected, as to become a harbor for vagrants or criminals.
Whenever any building or structure has been constructed, exists,
or is maintained in violation of the city’s minimum housing
standards or technical building codes, to the extent the violation
poses a threat or potential threat to life, health safety, or property.
Whenever a building or structure used for dwelling purposes
because of inadequate maintenance, dilapidation, decay, damage, faulty
construction, arrangement, or inadequate light, air, or sanitation
facilities, is determined by the health director to be unsanitary,
unfit for human habitation, or in such a condition that is likely
to cause sickness or disease.
Whenever any building 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 mechanical, structural,
or social cause, is determined by the fire chief to be a fire hazard.
Whenever any building or structure is in such a condition as
to constitute a public nuisance known to the common law or in equity
jurisprudence.
Whenever any portion of a building or structure remains for
any period of time on a site after the demolition or destruction of
the building or structure, unless such structure has been approved
for partial demolition by the department of building inspections in
its permitting process.
Whenever any building or structure, regardless of its structural
condition, is 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 by children.
Whenever any building or structure is secured by a means inadequate to prevent unauthorized entry or use in the manner described in subsection (17) above.
A property or premises on which there is located a building
or structure believed by an appropriate city official or the city
council to suffer from one or more of the conditions or defects described
in this section.
The code compliance officer of the city or the person or
department to whom the city manager may, from time to time, delegate
the enforcement responsibility.
Fencing as described in this article falls within one of
the listed categories:
Chainlink. Galvanized
steel mesh fencing.
Ornamental. Typically
constructed of wrought iron or galvanized steel, ornamental fencing
creates a decorative and secure perimeter line around a property or
area. Ornamental fences can be built using brick to accent and further
strengthen the fence.
Privacy. Constructed
of wood or vinyl, privacy fences are typically six to nine feet in
height, and obstruct visibility from the outside of a property or
area to the inside.
Vinyl. PVC “vinyl”
is a low-maintenance, durable alternative to wood and ornamental iron
fencing.
Wood. The traditional
fencing material, wood fencing is available in spruce treated pine,
and cedar. Installation variations include wood posts, galvanized
steel posts, and brick posts or footings. Styles include picket, shadowbox,
ranch rail, lawn rail, split rail, arched picket, scalloped picket,
crossbuck, and solid panel privacy. Does not include nontraditional
wood material such as sheeting.
Other fencing. Includes
post and chain, brick cinderblock, barbed wire, pliable vinyl (temporary
fencing for construction sites, etc.), and glass block. Other options
include hinged gates, electronic security gates, and rollaway gates.
Any property claiming or in whom is vested the ownership,
dominion or title of real or personal property, including, but not
limited to:
The holder of the fee simple title.
The holder of a life estate.
The holder of a leasehold estate for an initial term of five
(5) years or more.
A buyer in possession, or having right of possession under a
contract for deed.
A mortgagee, receiver, executor or trustee in possession or
control, or having right of possession or control of real property.
Any agent who is responsible for managing, leasing or operation
of property who fails to take the necessary remedial action after
having been notified in writing by certified mail, return receipt
requested, that the owners have declined to act accordingly.
Any parcel, lot or tract of land, including any structure,
building, landscaping or trees thereon or other structure or improvement
located thereon.
Any residential building, nonresidential building, dwelling,
condominium, townhouse, apartment unit, detached garage, shed, awning,
fence, screening wall, sign, swimming pool, excavation, or any other
edifice, erection or material placed or located on any property within
the city and any other improvement of any kind or nature.
The treatment of an object to allow it to be able to withstand
exposure to weather without damage or loss of function.
(Ordinance 2019-3 adopted 2/14/19)
(a)
The
enforcement authority for this article shall be the code compliance
officer of the city or the person or department to whom the city manager
delegates the enforcement responsibility.
(b)
Whenever
it is necessary to make an inspection to enforce this code, or whenever
the enforcement authority has reasonable cause to believe that there
exists in any structure or upon any property a condition or violation
which is unsafe, dangerous or hazardous or detrimental to the public
interest, the enforcement authority may enter such structure or property
at all reasonable times to inspect the same; provided that, if such
structure or property is occupied, he shall first present proper credentials
and request entry, and if such entry is refused the enforcement authority
shall have recourse to every remedy provided by law to secure entry.
(Ordinance 2019-3 adopted 2/14/19)
(a)
Owner.
Every owner of the premises shall maintain such premises in
compliance with this article. An owner shall not let, rent or lease
premises for occupancy or use which do not comply with the provisions
of this code.
(b)
Owner
and Tenant.
Every owner and every tenant of the premises
shall maintain the premises in a clean, sanitary and safe condition,
including the disposal of rubbish, garbage, organic or inorganic waste,
junk or other waste in a lawful manner.
(c)
Transfer
of Ownership.
It shall be unlawful for the owner of any
dwelling unit or structure who has received a compliance order or
upon whom a notice of violation has been served to sell transfer,
mortgage, lease, or otherwise dispose of such dwelling unit or structure
to another until the provisions of the compliance order or notice
of violation have been complied with, or until such owner shall first
furnish the grantee, transferee, mortgagee or lessee a true copy of
any compliance order or notice of violation issued by the code official
and shall furnish to the code a signed and notarized statement from
the grantee, transferee, mortgagee, or lessee, acknowledging the receipt
of such compliance order or notice of violation and fully accepting
the responsibility without condition for making the corrections or
repairs required by such compliance order or notice of violation.
(Ordinance 2019-3 adopted 2/14/19)
(a)
Fences.
All fences shall be maintained reasonably plumb and structurally
sound. Each structural and decorative member of a fence shall be free
of deterioration and be compatible in size, material and appearance
with the remainder of the fence. A fence that has deteriorated to
a condition that it is likely to fall shall be repaired or replaced.
Fences shall not be externally braced in lieu of replacing or repairing
posts, columns or other structural members.
(b)
Accessory
Structures.
Carports, awnings, patio covers, garages,
sheds, storage buildings and other accessory structures shall be maintained
structurally sound, and free of deterioration. All accessory structures
shall be protected from the elements by periodic painting, staining
or other weatherproofing or surface protection.
(c)
Outside
Storage.
It shall be unlawful for any person owning,
claiming, occupying or having supervision or control of any real property,
occupied or unoccupied, to allow, permit, conduct or maintain any
trash, rubbish, unused construction materials (unless being used in
conjunction with a current building permit), plumbing fixtures, auto
parts, discarded furniture, household appliances, objectionable, unsightly
or unsanitary matter or any other items or personal property not customarily
used or stored outside and which are not made of a material that is
resistant to damage or deterioration from exposure to the outside
environment, to accumulate thereon, unless otherwise allowed.
(Ordinance 2019-3 adopted 2/14/19)
(a)
Exterior
Surfaces.
The foundation, exterior wall, floor, roof,
windows, doors and frames and all exterior surfaces of every structure
shall be maintained in a state of repair sufficient to exclude rats,
rodents, birds, vermin or water intrusion. Peeling paint, cracked
or loose plaster, broken glass, decayed wood and other defective surface
conditions shall be repaired, replaced, or restored. Garage doors
shall be capable of being closed reasonable plumb, properly attached
and the exterior surface maintained weatherproof as required to prevent
deterioration.
(b)
Exterior
Attachments.
All exterior canopies, marquees, signs,
awnings, stairways, standpipes, rain gutters exhaust ducts and similar
overhang extensions attached to a structure shall be maintained in
good repair and be properly anchored so as to be kept in a safe and
sound condition. Their exterior surface materials shall be maintained
weatherproof and shall be painted or protected as required to prevent
deterioration.
(c)
Chimneys.
All chimneys and similar appurtenance shall be maintained structurally
safe, sound, properly mortared and in good repair. Their exterior
surface material shall be maintained weatherproof and shall be painted
or protected to prevent deterioration.
(d)
Stairs
and Porches.
Every stair, porch, balcony, and all appurtenances
attached thereto shall be so constructed as to be safe to use and
capable of supporting the loads to which it is subjected. They shall
be kept in sound condition and good repair, and their exterior surface
shall be maintained weatherproof.
(Ordinance 2019-3 adopted 2/14/19)
(a)
Whenever
the enforcement authority/officer discovers a state of disrepair or
a dangerous building as defined in this article, he, or his designated
agent, shall give notice to the owner of the condition requiring remediation
by:
(1)
Personally
serving the owner with written notice;
(2)
Depositing
the notice in the United States mail addressed to the owner at the
owners post office address;
(3)
Publishing
the notice at least twice within a ten-day period in a newspaper of
general circulation in a county in which the building or structure
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,
which notice the council finds to be reasonably calculated to give
the owner notice of such violations.
(b)
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 are present
at the building;
(3)
A
statement that the municipality will secure the building as the case
may be;
(4)
A
notice providing the owner with the date, time and location of a pubic
hearing before the board of appeals to determine whether a structure
complies with the standards set out in this article.
(Ordinance 2019-3 adopted 2/14/19)
(a)
The
city council shall hereby act as the board of appeals and shall conduct
hearings to determine whether a structure complies with the requirements
of this article when the enforcement authority deems a structure a
dangerous or distressed property.
(b)
The
board of appeals shall:
(1)
Schedule
and hold a public hearing and hear testimony from the building official,
the owner and other persons having an interest in the dangerous building
or distressed property, and any person desiring to present factual
evidence relevant to the unsafe building. Such testimony shall relate
to the determination of the question of whether the building or structure
in question is a dangerous building and 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. The owner or a person
having an interest in the dangerous building shall have 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 reasonably
perform the work.
(2)
Upon
conclusion of the hearing, the board of appeals shall determine by
majority vote whether the building or structure in question is a dangerous
building or distressed property. Upon a determination that the building
or structure in question constitutes a dangerous building or distressed
property, the board of appeals shall issue an order:
(A)
Containing an identification of the building and the property on
which it is located;
(B)
Making written findings of the violations of the minimum standards
that are present at the building;
(C)
Requiring the owner and persons having an interest in the building
to repair, vacate, or demolish the building within 30 days from the
issuance of such order, unless the owner or a person with an interest
in the building establishes at the hearing that the work cannot reasonably
be performed within 30 days, in which instance the board of appeals
shall specify a reasonable time for the completion of the work;
(D)
Containing a statement that the city will vacate, secure, remove
or demolish the dangerous building and relocate the occupants of the
building if the ordered action is not taken within the time specified
by the board of appeals; and
(E)
The building official or city secretary shall deliver a copy of the
order by hand delivery or certified mail to the owner and all persons
having an interest in the property, as such persons appear in official
public records, including all identifiable mortgagees and lienholders,
within 10 days after the date the board of appeals issues its order
which shall include an identification and address of the building
and the property on which it is located; a description of the violation
of this article that is found to be present on the property; a statement
that the municipality will vacate, secure, remove, repair, or demolish
the building or relocate the occupants of the building if the ordered
action is not taken within a reasonable time; or that the city will
take no action; and instructions stating where a complete copy of
the order may be obtained.
(3)
If
the board of appeals allows the owner or a person with an interest
in the dangerous building more than 30 days to repair, remove, or
demolish the building, the board of appeals in its written order shall
establish specific time schedules for the commencement and performance
of the work and shall require the owner or person to secure the property
in a reasonable manner from unauthorized entry while the work is being
performed. The securing of the property shall be in a manner found
to be acceptable by the building official.
(4)
The
board of appeals may not allow the owner or person with an interest
in the dangerous building more than 90 days to repair, remove, or
demolish the building or fully perform all work required to comply
with the written order unless the owner or person:
(5)
If
the board of appeals allows the owner or person with an interest in
the dangerous building more than 90 days to complete any part of the
work required to repair, remove, or demolish the building, the board
of appeals shall require the owner or person to regularly submit progress
reports to the board of appeals to demonstrate that the owner or person
has complied with the time schedules established for commencement
and performance of the work. The written order may require that the
owner or person with an interest in the building appear before the
city building official to demonstrate compliance with the time schedules.
(6)
Any
owner, lienholder, or mortgagee of record of property jointly or severally
aggrieved by an order of the board of appeals may file in district
court a verified petition stating that the 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
30 calendar days after the respective dates a copy of the final decision
of the board of appeals is personally deliver to them, mailed to them
by first class mail with certified return receipt requested, or delivered
to them by the United States Postal Service using signature confirmation
service, or such decision of the board of appeals shall become final
as to each of them upon the expiration of such 30 calendar day period.
(7)
In
the event the owner or a person with an interest in a dangerous building
fails to appeal from the order issued pursuant to the section within
30 days, or fails to comply with such order within 30 days or such
longer period of time as may be specified in the order, the city may,
at any time after the expiration of 30 days from the date a copy of
the final decision of the board of appeals is mailed to each known
owner, lienholder or mortgagee, cause any occupants of the dangerous
building to be relocated, and may cause a dangerous building to be
secured, removed, or demolished at the city’s expense. The city
may assess the expenses on, and the city has a lien against, unless
it is a homestead as protected by the state constitution, the property
on which the dangerous building was located. The lien is extinguished
if the property owner or a person having an interest in the building
reimburses the city 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 of lien must contain the name and
address of the owner of the dangerous building if that information
can be determined by a diligent effort, a legal description of the
real property on which the building was located, the amount of expenses
incurred by the city, and the balance due. Such lien is a privileged
lien subordinate only to tax liens and all previously recorded bona
fide mortgage liens attached to real property.
(8)
In addition to the authority set forth in subsection (7), after the expiration of the time allotted in the order for the repair, removal, or demolition of a dangerous building, the city 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. The repairs contemplated by this section may only be accomplished to the extent necessary to bring the building into compliance with the minimum standards established by this article, and to the extent such repairs do not exceed minimum housing standards. The city shall follow the procedures set forth in chapter 214 of the Texas Local Government Code for filing a lien on the property on which the building is located.
(9)
After
the public hearing, if a building is found in violation of standards
set out in this article, the board of appeals may order that the occupants
be relocated within a reasonable time.
(Ordinance 2019-3 adopted 2/14/19)
Any person violating any of the provisions of this article shall,
upon conviction, shall be assessed a fine of not less than one dollar
($1.00) nor more than five hundred dollars ($500.00), and each day’s
violation shall constitute a separate offense. It shall not be necessary
to allege a culpable state of mind in complaints alleging a violation
of this article, and same is hereby dispensed with.
(Ordinance 2019-3 adopted 2/14/19)
(a)
In addition
to the procedures set forth in this article, the city may follow the
procedures set forth in section 214.0011 of the Texas Local Government
Code, as amended, to secure a building that the city determines violates
the minimum standards set forth in this article and is unoccupied
or is occupied only by persons who do not have a right of possession
to the building. Such buildings or structures may be ordered to be
and shall be secured as an emergency precaution under the following
conditions, regulations and procedures:
(1)
When
it shall appear that a building or structure in the city is a substandard
building under the terms of this article and that such building or
structure or the manner of its use constitutes an immediate and serious
danger to life or property. When such conditions exist, the city manager
or building official may order that the building or structure be immediately
secured and any of the following emergency measures to be taken:
(A)
Immediate vacation of such building, structure, and/or adjoining
buildings or structures;
(B)
Vacation of the danger area around such building or structure;
(C)
Such emergency shoring up and bracing of walls, roofs, and supports
as are required to render such building or structure safe; or
(D)
The destruction of such walls, roofs, and supports or the entire
structure or so much thereof as cannot be braced or made secure with
safety, or post notices on or near such building or structure, or
buildings or structures, notifying the public of such orders and ordering
all persons to keep out of such building, buildings, structures, or
structure and the areas of danger surrounding it or them.
(b)
When
any of the above-mentioned measures are ordered to be taken, notice
of such order shall be given as follows:
(1)
Such
order shall be directed to the owner of such substandard building
or structure, or his authorized representative, if the same shall
be known. Where notification can be accomplished without increasing
the danger to life or property, notice shall be given by personal
service on the owner of the building or structure, or his said representative.
(2)
In
the event that such notification would create such a delay as would
materially increase the danger of life or property, then such notice
need not be given.
(c)
In the
event that such notification cannot be given before the building is
secured or in the event such notice is given and the owner or his
representative shall refuse of fail to carry out the orders of the
city manager or building official, then, the city manager or building
official may proceed to carry out such orders either by private contract,
the city fire department, or through an agency of the city, and the
cost thus incurred shall constitute a valid lien against the property
so repaired.
(d)
Right
to request a public hearing. The board of appeals shall conduct a
public hearing on the emergency securing of a building or structure
as provided under this section if within 30 days after the date the
building is secured the owner files with the city a written request
for the hearing. A hearing requested under this subsection shall be
conducted within 20 days after the date the request is filed.
(Ordinance 2019-3 adopted 2/14/19)
