The provisions of this division shall
apply to all existing structures and all existing premises and constitute
minimum requirements and standards for premises, structures, equipment
and facilities for light, ventilation, space, heating, sanitation,
protection from the elements, life safety, safety from fire and other
hazards, and for safe and sanitary maintenance; the responsibility
of owners, operators and occupants; the occupancy of existing structures
and premises, and for administration, enforcement and penalties.
(Ordinance 2019-08-26-02 adopted 8/26/19)
This division shall be construed
to secure its expressed intent, which is to ensure public health,
safety and welfare insofar as they are affected by the continued occupancy
and maintenance of all existing structures and premises. Existing
structures and premises that do not comply with these provisions shall
be altered or repaired to provide a minimum level of health and safety
as required herein and all applicable regulations. Repairs, alterations,
additions to and change of occupancy in existing buildings shall comply
with this article.
(Ordinance 2019-08-26-02 adopted 8/26/19)
Equipment, systems, devices and safeguards
required by this division or a previous regulation or ordinance under
which the structure or premises was constructed, altered or repaired
shall be maintained in good working order. No owner, operator or occupant
shall cause any service, facility, equipment or utility which is required
under this division to be removed from or shut off from or discontinued
for any occupied dwelling, except for such temporary interruption
as necessary while repairs or alterations are in progress, or as permitted
by the Texas Property Code section 92.008. The requirements of this
division are not intended to provide the basis for removal or abrogation
of fire protection and safety systems and devices in existing structures.
Except as otherwise specified herein, the owner or the owner’s
designated agent shall be responsible for the maintenance of buildings,
structures and premises.
(Ordinance 2019-08-26-02 adopted 8/26/19)
The following is an enumeration of
public nuisances subject to the provision of this division:
(1)
Maintaining any premises in a manner
that is unsafe or constitutes a hazard to safety, health, or public
welfare, or the structure is unfit for human occupancy, is an unlawful
structure or is an unsafe structure, as defined herein, because of
inadequate maintenance, unsanitary conditions, dilapidation, obsolescence,
fire hazard, disaster, or abandonment.
(2)
Any object, item, situation, or condition
specifically identified as a public nuisance in any other statute
or ordinance for with the city is responsible for enforcing.
(3)
Allowing the storage, disposal, or
keeping on any premises for more than 60 days of any new or used building
materials, without a permit from the city providing that nothing herein
shall:
(A)
Prohibit such storage without a permit
when held in conjunction with the construction, refurbishment, or
remodeling project for which a permit has been issued and that is
being diligently prosecuted by the responsible person to completion.
(B)
Prohibit such storage without a permit
on the premises of a dealer in building materials or other commercial
enterprise when the same is permitted under any other ordinance.
(C)
Make lawful any such storage, disposal,
or keeping when it is prohibited by any other ordinances or laws.
(4)
The existence of any fence or other
structure or other like thing on private property abutting or fronting
upon any public street, sidewalk or place that is in a sagging, leaning,
fallen, decayed, or other dilapidated or unsafe condition, or otherwise
prohibited by ordinance or statute.
(5)
Allowing a dangerous building, billboard,
or other structure, either partially destroyed or unfinished to remain
on any premises.
(6)
A structure or building, 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
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 (6) above.
(Ordinance 2019-08-26-02 adopted 8/26/19)
(a)
A person commits an offense if that person causes, permits, allows, or maintains a public nuisance as defined in section
24.02.484 on premises under the person’s ownership, occupancy, or control.
(b)
The municipal court may order abatement
and removal of the nuisance, in addition to any criminal penalty allowed
herein.
(c)
A person commits an offense if the person maintains a public nuisance described in section
24.02.484. Such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of this division is continued or committed.
(d)
An offense under this division is a misdemeanor punishable by a fine in accordance with the general penalty provision found in section
24.02.005 of this article.
(e)
Any person violating this division
is subject to a suit for injunction and civil penalties, as well as
prosecution for criminal violations.
(Ordinance 2019-08-26-02 adopted 8/26/19)
(a)
Whenever the code official or authorized
designee determines that a public nuisance exists upon any premises,
the official may require or provide for the abatement thereof pursuant
to this division. The code official or authorized designee, upon personal
observation or receipt of a written complaint of any public nuisance,
and upon verification that such a violation may exist, shall cause
any owner or other responsible person to be notified of the existence
of a public nuisance on any premises and shall direct the owner or
other responsible person to abate the condition within ten (10) calendar
days after notice, or other reasonable period.
(b)
In case the owner shall fail, neglect,
or refuse to comply with the notice to repair, improve or to demolish
and remove said building or structure, the municipal court may order
the owner or responsible person to comply with this article, and vacate
the property, and/or repair, improve or demolish the building or structure
or portion thereof.
(c)
On or before the tenth day before
the hearing date before the municipal court to determine that the
building is a public nuisance as defined herein or is dilapidated,
substandard, or unfit for human habitation and a hazard to the public
health, safety and welfare, and impose penalties as prescribed herein,
notice of the hearing must be and shall be deemed to be properly served
if a copy thereof is:
(1)
Personally delivered or mailed, by
certified mail, return receipt requested, or by delivery by the United
States Postal Service using signature confirmation service to the
record owners of the affected property, and each holder of a recorded
lien against the property, as shown by the records in the office of
the county clerk of the county in which the property is located if
the address of the lienholder can be ascertained from the deed of
trust establishing the lien or any other applicable instruments on
file in the office of the county clerk.
(2)
In addition to personal service the
city must:
(A) Publish notice on one
occasion in a newspaper of general circulation in the city; and
(B) Post the notice on or
near the front door of each building on the property to which the
violation relates; or on a placard attached to a stake driven into
the ground on the property to which the violation relates, if the
property contains no buildings.
(3)
The code official or authorized designee
may file in the official public records of real property in the county
in which the affected property is located a notice of the municipal
court hearing that contains the following information:
(A) The name and address
of the property owner, if that information can be determined;
(B) A legal description
of the property; and
(C) Description of the hearing.
(4)
A notice filed in compliance with subsection
(3) above binds any subsequent grantee, lienholder, or other transferee of an interest in the property who acquires the interest after the filing of the notice and constitutes notice of the hearing to any subsequent recipient of any interest in the property who acquires the interest after the filing of the notice.
(d)
Form of notice.
At a minimum, the form of notice required
by this division shall contain the following information:
(2)
State the date, time, and place of
the hearing;
(3)
An identification, which is not required
to be a legal description, of the structure and the property on which
it is located;
(4)
A description of the alleged violation
or violations of minimum standards that are present on the property;
(5)
A statement that the owner, lienholder,
or mortgagee must submit at the hearing proof of the scope of any
work that may be required to comply with this division and the time
it will take to reasonably perform the work; and
(6)
Include a statement that, if such
repairs, reconstruction, alterations, removal or demolition are not
voluntarily completed within the stated time as set forth in the notice,
the official shall institute legal proceedings charging the person
or persons, firm, corporation or agents with a violation of this division,
or that the city may cause the abatement of the public nuisance and
assess the expenses thereof against the subject property.
(7)
Contain the following statement:
According to the real property records of Travis 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 received this notice. If you
do not send the affidavit, it will be presumed that you own the property
described in this notice.
(e)
If any notice required by this division
is returned undelivered, action to abate the nuisance shall be continued
to a date not earlier than the eleventh day after the date of return.
(f)
The municipal court shall conduct
hearings under the procedures adopted under this division.
(g)
The abatement of a public nuisance
does not preclude the right of any person to recover damages for its
past existence.
(Ordinance 2019-08-26-02 adopted 8/26/19)
(a)
The municipal court has the power
and duty to hold a public hearing to determine whether or not the
building is unsafe in accordance with the standards set forth in this
division.
(b)
A petition filed with the municipal
court by the city prosecutor initiates a civil proceeding under this
article. The proceeding must be kept and organized separately from
the criminal dockets of the municipal court.
(c)
The petition must include:
(1)
Identify the structure and the property
on which it is located (not required to be a legal description); and
(2)
A description of the alleged violation
or violations of minimum standards that are present on the property.
(d)
The proceeding will be styled “City
of Lakeway, Plaintiff v. (property description), Defendant.”
The municipal court shall set the matter for a hearing not less than
30 days or more than 60 days after the filing of the petition.
(e)
A public hearing to consider repair, demolition, vacation, reduction of occupancy load, securing of a structure, or the assessment of a civil penalty against the owner, or the relocation of the occupants of the structure, or any combination of those actions, must be before the municipal court after notice of the hearing has been given to the owner, lienholder, and mortgagee in compliance with this division. If the record shows that the notice was received by a person designated in this section less than five days before the hearing, the person shall, upon request at the hearing, receive a resetting of the hearing. Written notice of the rescheduled hearing may be given personally to persons in attendance at that time. Notice of the rescheduled hearing to any person not in attendance must be given in the same manner required for an initial hearing under section
24.02.486.
(f)
At the hearing, the city prosecutor
shall present evidence of the condition of a structure and other relevant
issues. An owner, lienholder, or mortgagee shall present evidence
of the scope of work and time required to comply with this division
and may present evidence and witnesses on other relevant issues and
may cross-examine witnesses. A lessor, an occupant, or any other interested
person may present evidence and witnesses on relevant issues and cross-examine
witnesses. City prosecutor may cross examine or rebut any evidence
offered by an opposing party or other witness.
(g)
At any hearing to determine whether
a structure complies with the minimum standards set out in this article,
the city attorney has the burden of proof to demonstrate the existence
of each alleged violation of those standards described in the notice
of the hearing. The owner, lienholder, or mortgagee 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 reasonably
perform the work, The municipal court shall make its decision based
on a preponderance of the evidence presented at the hearing.
(h)
After hearing evidence from each
interested person present, the municipal court may do one or more
of the following:
(1)
Find that the structure is not a
nuisance as defined herein and refer the matter to the director or
designee of the city manager for appropriate action, if any;
(2)
Find that the structure is a nuisance
as defined herein, specifically describing each minimum standard found
to be violated, and order one or more of the following:
(A) Demolition of the structure by the owner, lienholder, or mortgagee within thirty days, unless an extension is granted under subsection
(j) of this section;
(B) Demolition of the structure
by the city if demolition by the owner, lienholder, or mortgagee is
not timely effected in compliance with a municipal court order issued
under this section, provided that this order may not be issued as
a default action except in conjunction with a demolition order issued
by the municipal court. If the city incurs expenses under this division,
the expenses may be assessed and a lien shall be placed on the property
on which the building was located, unless the property is a homestead
as protected by the Texas Constitution;
(C) Repair of the structure by the owner, lienholder, or mortgagee as needed to correct every violation of minimum standards found by the municipal court to exist at the structure, the repair to be accomplished within thirty days, unless an extension is granted under subsection
(j) of this section;
(D) Repair of the structure
by the city as needed to correct every violation of minimum standards
found by the municipal court to exist at the structure, if repair
by the owner, lienholder, or mortgagee is not timely effected in compliance
with a municipal court order issued under this section. Repairs performed
by the city may only be done to the extent necessary to bring the
building into compliance with the minimum standards and only if the
building is a residential building with ten or fewer dwelling units.
The repairs may not improve the building, to the extent that the building
exceeds minimum standards as set forth in this article. If the city
incurs expenses under this division, the expenses may be assessed
and a lien shall be placed on the property on which the building was
located, unless the property is a homestead as protected by the Texas
Constitution;
(E) Vacation of the structure
by the owner, lienholder, or mortgagee, within a specified period
of time;
(F) Vacation of the structure
by the city if vacation by the owner, lienholder, or mortgagee is
not timely effected in compliance with a municipal court order issued
under this section. If the city incurs expenses under this division,
the expenses may be assessed and a lien shall be placed on the property
on which the building was located, unless the property is a homestead
as protected by the Texas Constitution;
(G) The assessment of a
civil penalty against the owner for each day or part of a day that
the owner fails to repair or demolish the structure in compliance
with a municipal court order issued under this section; or
(H) Direct the city prosecutor
that a cause of action be brought in district court in accordance
with section 214.003 of the Texas Local Government Code for the appointment
of a receiver of the property;
(3)
Find that the structure is open and
vacant and order one or more of the following:
(A) Securing of the structure
by the owner, lienholder, or mortgagee from entry by unauthorized
persons within thirty days; or
(B) Securing of the structure
by the city if the securing by the owner, lienholder, or mortgagee
is not timely effected in compliance with a municipal court order.
(i)
If delinquent taxes are owed on the
property, the municipal court may defer any final action on the property
pending settlement of the delinquent taxes if such deferral would
not further endanger public health, safety and welfare. The owner(s)
and/or lienholder(s) must agree to secure the premises and maintain
it securely. The municipal court will specify the conditions that
would require the property to be referred back to the municipal court
by the director or designee of the city manager.
(j)
Time extensions for complying with
an order to repair or demolish a structure:
(1)
The municipal court may allow more
than thirty days to comply with an order to repair or demolish a structure,
if the owner, lienholder, or mortgagee establishes at the hearing
that the work cannot reasonably be performed within thirty days. The
municipal court shall establish a specific time schedule for the commencement
and performance of the work and require the owner, lienholder, or
mortgagee to secure the property from unauthorized entry while the
work is being performed.
(2)
The municipal court may not allow
more than ninety days to comply with a municipal court order unless
the owner, lienholder, or mortgagee:
(A) Submits at the hearing
a detailed plan, which may include plot plan(s), floor plan(s), sections
and architect and/or engineer recommendations, as determined by the
municipal court and time schedule for the work; and
(B) Establishes at the hearing
that the work cannot reasonably be completed within ninety days because
of the scope and complexity of the work.
(3)
If the municipal court allows more
than ninety days to complete any part of the work required to repair
or demolish the structure, it shall require the owner, lienholder,
or mortgagee to regularly submit progress reports to the code official
or authorized designee demonstrating 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 municipal court or the director or designee of the city manager
to demonstrate compliance with the time schedules.
(4)
If the owner, lienholder, or mortgagee
owns property, including structures and improvements on property,
within the city boundaries that exceeds one hundred thousand dollars
($100,000.00) in total value, the municipal court may require the
owner, lienholder, or mortgagee to post a cash or surety bond in an
amount adequate to cover the cost of repairing or demolishing the
structure. In lieu of a bond, the municipal court may require the
owner, lienholder, or mortgagee to provide a letter of credit from
a financial institution or a guaranty from a third party approved
by the city. The bond must be posted, or the letter of credit or third-party
guaranty provided, not later than the thirtieth day after the date
the panel issues the order. The municipal court shall establish rules
and procedures, to be approved by the city prosecutor, governing when
a bond, letter of credit, or third-party guaranty will be required
under this section.
(k)
The municipal court order issued
shall include the following:
(1)
A statement as to whether the structure
or part thereof can be made safe;
(2)
An order providing for the vacation,
relocation of occupants, securing, repair, removal, or demolition
of the structure or part thereof;
(3)
A period of time, not less than 30
days during which the record owners shall comply with the orders of
the municipal court;
(4)
An additional period of time during
which the mortgagees or lienholders may comply with the orders of
the municipal court;
(5)
A statement that failure of the record
owners, mortgagees or lienholders to comply may result in the vacation,
relocation of occupants, securing, repair, removal, or demolition
of the structure or part thereof by the city at its own expense but
for and on account of the owner of such real property, the cost of
which account shall become a claim to be secured by a lien against
the real estate, due and payable within thirty days of the date of
completion of the work;
(6)
A statement setting forth the penalties
for disregarding the municipal court’s order in accordance with
this division;
(7)
A statement that the owner, mortgagee
or lienholder shall have a right to appeal within 30 calendar days
after notice to a court of competent jurisdiction and that failure
to do so within 30 calendar days after receipt of notice shall result
in the findings becoming final; and
(8)
A statement that any civil penalty
or assessment imposed will accrue interest at a rate of ten percent
a year from the date of the assessment until paid in full.
(l)
After the municipal court issues
an order under this section, the code official or authorized designee
shall promptly personally deliver or mail by certified mail, return
receipt requested, a copy of the order to each owner, lienholder,
and mortgagee of the structure and shall provide a copy of the order
to the city secretary, who shall file said order in the deed records
of the county in which the property is located. If an order to repair,
demolish, vacate, reduce in occupancy load, or secure a structure,
or to relocate the occupants of a structure, is timely effected, the
code official or authorized designee, upon request and payment of
the cost by the owner, shall provide a “notice of compliance”
to the city secretary for filing in the deed records of the county
in which the property is located. Every notice given under this section
must include an identification, which is not required to be a legal
description, of the structure and property on which it is located,
and a description of the violation of minimum standards that is present
at the property.
(1)
When an order issued by municipal
court has been filed in the deed records of the county in which the
property is located, execution of the order is not affected by a sale
or other transfer of the premises. A person acquiring interest in
property after an order has been so filed is subject to the requirements
of the order. The provisions of this section must be included as a
part of each order.
(2)
In addition to the notice requirements
of this division, within ten days after mailing, a copy of the municipal
court order, the code official or authorized designee shall:
(A) File a copy of the order
in the office of the city secretary; and
(B) Publish one time in
a newspaper of general circulation in the city an abbreviated copy
of the order containing 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.
(m)
Demolition, vacation, and securing
of a structure, and the relocation of the occupants of a structure,
may be accomplished by an owner, lienholder, or mortgagee as compliance
with this division, or by the city if not accomplished in 90 days
by the owner, lienholder, or mortgagee. Repair of a structure may
be accomplished by an owner, lienholder, or mortgagee as compliance
with this division, or by the city if not accomplished in 90 days
by the owner, lienholder, or mortgagee, but only to the extent necessary
to bring the structure into compliance with minimum standards and
only if the structure is a residential structure with not more than
ten dwelling units. Performance of work by the city under this section
does not limit the ability of the city to collect on a bond or other
financial guaranty that may be required from the property owner, lienholder,
or mortgagee under this division.
(n)
If the code official or authorized
designee determines that the owner, lienholder, or mortgagee has not
timely complied with a municipal court order issued under this division,
and the municipal court order included a provision authorizing the
city to perform work or to assess a civil penalty upon failure of
the owner, lienholder, or mortgagee to comply with the order, the
code official or authorized designee shall promptly give notice to
each owner, lienholder, and mortgagee of the demolition, repair, vacation,
or securing of the structure by the city, or the relocation of the
occupants of the structure by the city, or the assessment of a civil
penalty, whichever is applicable. The notice must include:
(1)
An identification, which is not required
to be a legal description, of the structure and the property on which
it is located;
(2)
An identification of the municipal
court order affecting the property;
(3)
A description of each violation of
minimum standards found by the municipal court to be present on the
property;
(4)
A description of any work ordered
by the municipal court to correct each violation on the property;
(5)
The amount of any civil penalty ordered
by the municipal court if each violation is not corrected in compliance
with the municipal court order;
(6)
A statement that the owner, lienholder,
or mortgagee has not timely complied with the municipal court order;
and
(7)
The date and time the city will begin
performance of the work or assessment of the civil penalty in accordance
with the municipal court order.
(o)
On or before the twentieth day before
the city begins performance of work or the assessment of a civil penalty
on property subject to a municipal court order, the notice must be:
(1)
Personally delivered or mailed, by
certified mail, return receipt requested, to each owner, lienholder,
and mortgagee of the structure;
(2)
Posted, to all unknown owners, on
the front door of each improvement situated on the affected property
or as close to the front door as practicable; and
(3)
Published on one occasion in a newspaper
of general circulation in the city.
(Ordinance 2019-08-26-02 adopted 8/26/19)
(a)
If and when an owner or other responsible
person undertakes to abate any condition described in this division,
whether by order of the code official or authorized designee or otherwise,
all needful and legal conditions pertinent to the abatement may be
imposed by the code official or authorized designee. It is unlawful
for the owner or other responsible person to fail to comply with such
conditions.
(b)
Nothing in this division shall relieve
any owner or other responsible person of the obligation of obtaining
any required permit to do any work incidental to abatement.
(Ordinance 2019-08-26-02 adopted 8/26/19)
Whenever any condition on or use
of property causes or constitutes or reasonably appears to cause or
constitute an imminent or immediate danger to the health or safety
of the public or a significant portion thereof, the code official
or authorized designee shall have the authority to summarily and without
notice abate the same. The code official or authorized designee shall
cause to be posted at each entrance to such structure a notice reading
as follows: “This Structure Is Unsafe and Its Occupancy Has
Been Prohibited by the Code Official.” It is unlawful for any
person to enter such structure except for the purpose of securing
the structure, making the required repairs, removing the hazardous
condition or demolishing the same.
(Ordinance 2019-08-26-02 adopted 8/26/19)
(a)
The city council may assess expenses
incurred under this section against the real property on which the
work is done or improvements made.
(b)
The city shall keep an accurate record
of all expenses incurred for the removal and/or abatement of the public
nuisance under this division, including man hours, equipment hours
or rental materials, and fuel, among other expenses.
(c)
Property classified as a homestead
as defined in the Texas Constitution and property owned by the city
shall be exempt from the provisions of this division relating to the
imposition of liens upon property for recovery of city expenses in
abating public nuisances.
(d)
To obtain a lien against the property,
the code official or authorized designee designated by the city must
file a statement of expenses with the county clerk. The lien statement
must state the name of the owner, if known, and the legal description
of the property. The lien attaches upon the filing of the lien statement
with the county clerk.
(e)
The lien obtained by the city is
security for the expenditures made and interest accruing at the rate
of ten (10) percent on the amount due from the date of payment by
the city.
(f)
The council may bring a suit for
foreclosure in the name of the city to recover the expenditures and
interest due.
(g)
The statement of expenses or a certified
copy of the statement is prima facie proof of the expenses incurred
by the city in doing the work or making the improvements.
(h)
The remedy provided by this section is in addition to the remedy provided by section
24.02.491.
(i)
The council may foreclose a lien
on property under this division in a proceeding relating to the property
brought under subchapter E, chapter 33, Tax Code.
(j)
Any lien placed on the subject property
is extinguished if the property owner or another person having interest
in the legal title to the property reimburses the city for the expenses.
The city manager or his or her designee is authorized to release any
lien assessed, subject to full payment of 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. Notice of the lien shall be in recordable
form and shall be promptly delivered to the city clerk for filing
with the county clerk. 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 city and the balance
due.
(k)
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 this division, the lien is a privileged lien subordinate only to
tax liens.
(l)
The city’s lien is inferior
to any previously recorded bona fide mortgage lien attached to the
real property if the mortgage lien was filed for record with the county
clerk before the date the repair, removal or demolition is begun by
the city. The city’s lien is superior to all other previously
recorded judgment liens.
(m)
A lien assessed under this division
accrues interest at the rate of ten percent a year from the assessment
until paid in full.
(n)
The city’s right to the assessment
may not be transferred to third parties.
(o)
Seizure and sale of foreclosed property
shall be conducted in accordance with Texas Local Government Code
section 214.003.
(Ordinance 2019-08-26-02 adopted 8/26/19)
(a)
Any person violating this division, upon conviction, is punishable by a fine in accordance with the general penalty provision found in section
24.02.005 of this article.
(b)
Any person violating this division
is subject to a suit for injunction as well as prosecution for criminal
violations.
(Ordinance 2019-08-26-02 adopted 8/26/19)
(a)
It shall be the duty of the code
official or authorized designee to take the necessary action for the
enforcement of this division.
(b)
City staff or other authorized representatives of the city shall comply with section
1.01.010 and shall only enter private property at reasonable times:
(1)
With consent of: the owner; or a
resident, tenant, or lessee occupying the property; or the owner’s
designated agent; or
(2)
Pursuant to a lawfully issued administrative
warrant.
(c)
The code official shall be the sole code enforcement officer to whom a search warrant may be issued pursuant to the Texas Code of Criminal Procedure article
18.05.
(d)
A search warrant may be issued to
the code official for the purpose of allowing the inspection of any
specified premises to determine the presence of any violation of this
division that may be classified as a fire or health hazard, or an
unsafe building condition.
(e)
Nothing in this division shall be
construed to limit the authority of the code official to enter any
premises pursuant to any valid court order.
(Ordinance 2019-08-26-02 adopted 8/26/19)