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:
Building official
means the person designated by the city manager as the building official of the city, or his duly appointed representative.
Dangerous buildings
means all buildings or structures which have any or all of the following defects:
(1) 
Those whose interior walls or other vertical structural members list, lean, or buckle to such an extent that a plumbline passing through the center of gravity falls outside of the middle third of its base.
(2) 
Those which, exclusive of the foundation, show 33 percent or more of damage or deterioration of the supporting members or 50 percent of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
(3) 
Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
(4) 
Those which have been damaged by fire, wind, or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the city.
(5) 
Those which are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those occupying such building.
(6) 
Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
(7) 
Those which have inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication.
(8) 
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
(9) 
Those which, because of their condition, are unsafe, unsanitary, or dangerous to the health, morals, safety or general welfare of the people of the city.
(10) 
Those buildings existing in violation of any provisions of this article, the building code, or other ordinance or code of the city.
(1988 Code, ch. 3, secs. 7.01, 7.03; Ordinance 1978-39, adopted 12/11/78; 2010 Code, sec. 10-298)
Where construction, demolition, or other work is being done contrary to the provisions of this article or the building code, or is being done in an unsafe or dangerous manner, the building official may order the work stopped by notice in writing served on the person engaged in doing or causing such work to be done and such person shall forthwith stop the work until authorized to recommence it by the building official.
(1988 Code, ch. 3, sec. 7.02; Ordinance 1978-39, adopted 12/11/78; 2010 Code, sec. 10-299)
The following standards shall be followed in substance by the building official in ordering repair, vacation, or demolition:
(1) 
If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this article, it shall be ordered repaired.
(2) 
If the dangerous building is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be vacated.
(3) 
In any case where a dangerous building is 50 percent damaged, decayed, or deteriorated, it shall be repaired or demolished. In all cases where a building cannot be repaired so that it will no longer exist in violation of the provisions of this article, it shall be demolished. In all cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this article, or of the building code, or of any other ordinance or code of the city or of any other requirement of law of the state, it shall be repaired or demolished.
(1988 Code, ch. 3, sec. 7.04; Ordinance 1978-39, adopted 12/11/78; 2010 Code, sec. 10-300)
All dangerous buildings within the terms of section 3.03.001 are hereby declared to be public nuisances, and shall be repaired, vacated and repaired, or vacated and demolished, as hereinbefore and hereinafter provided.
(1988 Code, ch. 3, sec. 7.05; Ordinance 1978-39, adopted 12/11/78; 2010 Code, sec. 10-301)
The building official shall:
(1) 
Supervise all inspections required by this section and cause the building officials to make inspections and perform all the duties required of them by this section. Upon receiving a complaint or report from any source that a dangerous building exists in this city, he shall cause an inspection to be made forthwith. If the building official deems it necessary to the performance of his duties and responsibilities imposed herein, he may request an inspection and report to be made to him by the fire marshal’s office of the fire department of the city, the police department, the health department or any other city department.
(2) 
Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of these provisions.
(3) 
Inspect any building, wall or structure reported (as hereinafter provided for) by the fire, health or police department of this city as probably existing in violation of the terms of these provisions.
(4) 
Inspect buildings in the city to determine whether they are dangerous buildings within the terms of section 3.03.001.
(5) 
Notify in writing the owner, occupant, lessee, mortgagee, agent, and all other persons having an interest in said building as shown by the deed records of the clerk of the county court, of any building found by him to be a dangerous building within the standards set forth in section 3.03.001, that:
(A) 
The owner must vacate, vacate and repair, or vacate and demolish said building in accordance with the terms of the notice of these provisions.
(B) 
The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession.
(C) 
The mortgagee, agent or other person having an interest in said building as shown by the deed records of the county clerk may, at his own risk, repair, vacate or demolish or have such work done; provided that any person notified to repair, vacate and repair, or vacate and demolish any building shall be given such reasonable time, not exceeding 30 days, unless, in the judgment of the building official’s inspection thereof, it is determined to be necessary to extend such time to do or have done the work or act required by the notice provided for herein. Said building official shall specify, in writing, an additional notice of the date to which said extension is made.
(6) 
Set forth in the notice provided for in subsection (5) of this section the following:
(A) 
A description of the building or structure deemed unsafe;
(B) 
A statement of the particulars which make the building or structure deemed unsafe;
(C) 
A statement of the particulars which make the building or structure a dangerous building; and
(D) 
An order requiring the same to be in such condition as to comply with the terms provided for in subsection (5) of this section.
(7) 
In cases except emergency cases as set out in section 3.03.012, where the owner, occupant, lessee, or mortgagee is absent from the city, all notices or orders provided for herein shall be sent by registered mail or certified mail to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown by the deed records of the county clerk, to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the dangerous building to which it relates. Such posting and mailing shall be deemed adequate service.
(8) 
Report to the municipal judge as required by the provisions of this article.
(9) 
Appear at all hearings conducted by the municipal judge and testify as to the conditions existing in the dangerous building.
(10) 
If the building official completes the inspection of a building and finds it to be inherently dangerous and in the opinion of such inspectors constitutes a nuisance per se, upon approval of such finding ex parte, by the building official, he shall place a notice on such building forthwith reading as follows:
This building has been found to be a dangerous building by the building official of the City of El Campo. This notice is to remain on this building until it is repaired, or vacated and demolished in accordance with the notice which has been given to the owner, occupant, lessee, mortgagee, or agent of this building, and all other persons having an interest in said building as shown by the deed records of the County Clerk of Wharton County, Texas. It is unlawful to remove this notice until such notice is complied with.
Provided, however, the approval of said building official and the posting of said notice shall not be construed to deprive any person entitled thereto by this article to the notice and hearing prescribed herein.
(1988 Code, ch. 3, sec. 7.06; Ordinance 1978-39, adopted 12/11/78; Ordinance 1980-16, adopted 6/23/80; 2010 Code, sec. 10-302)
(a) 
If the building official has failed to obtain compliance with the terms of this article within 30 days, he shall make written request to the municipal judge of the city for a public hearing to be held for the purpose of taking testimony relative to the dangerous building.
(b) 
The building official shall, with the assistance of the city attorney, present testimony at such hearing, relative to the condition of the dangerous building.
(c) 
Upon receipt of a written notice from the building official or his duly authorized representative, the municipal judge of the city shall hold a public hearing for the purpose of taking testimony from the building official or his duly authorized representative as well as the owner, occupant, mortgagee, lessee, or any other person having an interest in said dangerous building as shown by the deed records of the county clerk, and said hearing shall be for the purpose of taking testimony relative to the dangerous building. The rules of the public hearing shall be prescribed by the municipal judge.
(d) 
The municipal judge shall make written findings of facts from the testimony offered pursuant to the question of whether or not the building in question is a dangerous building within the terms of section 3.03.001.
(1988 Code, ch. 3, sec. 7.07; Ordinance 1978-39, adopted 12/11/78; Ordinance 1986-17, adopted 6/24/86; 2010 Code, sec. 10-303)
Upon finding that the building in question is a dangerous building, the municipal judge shall issue an order based upon the findings hereinabove commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown in the deed records of the county clerk of the county where the land is located to repair, vacate and repair, or vacate and demolish any building found to be a dangerous building within the terms of this article and providing that any person so notified shall have the privilege of either repairing or vacating, or repairing such building if such repair will comply with the building code of the city, or with other applicable ordinances of the city, or the owner or any person having an interest in said building as shown by the land records of the county clerk may vacate and demolish said dangerous building at his own risk to prevent the acquiring by the city of a lien against the land where the dangerous building stands as provided in this article. Upon application by any person having a interest in such building to the city manager and a showing of hardship or necessity, landfill fees for disposal of the demolition material from the dangerous building (which material is not otherwise prohibited from disposal in the city landfill) may be waived.
(1988 Code, ch. 3, sec. 7.08; Ordinance 1978-39, adopted 12/11/78; 2010 Code, sec. 10-304)
If the owner, occupant, mortgagee or lessee fails to comply with the order issued by the municipal judge within 30 days of issuance of that order, the building official shall cause such building or structure to be repaired, vacated and repaired, or vacated and demolished as the facts may warrant under the standards hereinabove provided for in section 3.03.003 and the building official shall certify the charge for such repair, vacation or demolition, the necessary landfill fees, court costs and administrative fees incurred to the tax assessor and collector of the city as a charge which will constitute a lien on real property and shall be enforced in the same manner as tax assessments and shall bear interest at the rate of ten percent per annum until paid. Such lien setting out such charges shall be filed in the deed records of the county pursuant to the provisions of this article and applicable state laws.
(1988 Code, ch. 3, sec. 7.09; Ordinance 1978-39, adopted 12/11/78; Ordinance 1992-16, adopted 10/27/92; 2010 Code, sec. 10-305)
Upon full payment of the full charges assessed against any property pursuant to the procedure set out in these provisions, or in the event the lien is placed on the property through error, the tax assessor and collector shall be and is hereby authorized to execute for and in behalf of the city a written release approved in each case by the legal department.
(1988 Code, ch. 3, sec. 7.10; Ordinance 1978-39, adopted 12/11/78; 2010 Code, sec. 10-306)
(a) 
The owner of any dangerous building who shall fail to comply with any notice or order to repair, vacate or demolish said building by any person authorized by this article to give such notice or order shall be guilty of a misdemeanor and upon conviction thereof shall be fined for each offense, and each day’s failure to so comply shall constitute a separate offense.
(b) 
The occupant or lessee in possession who fails to comply with any notice to vacate, and anyone having an interest in said building as shown by the deed records of the county clerk, and under a legal duty to repair, who fails to repair said building in accordance with any notice given as provided for in this article, shall be guilty of a misdemeanor and upon conviction thereof shall be fined for each offense, and each day’s failure to so comply shall constitute a separate offense.
(c) 
Any person removing the notice provided for in section 3.03.005(10) shall be guilty of a misdemeanor.
(1988 Code, ch. 3, sec. 7.11; Ordinance 1978-39, adopted 12/11/78; 2010 Code, sec. 10-307)
The city attorney shall:
(1) 
Prosecute all persons failing to comply with the terms of the notices provided for in section 3.03.005(5) and the order provided for in section 3.03.007.
(2) 
Appear at all hearings before the municipal judge in regard to dangerous buildings.
(3) 
Bring suit to collect all municipal charges, liens, or costs incurred by the building official in preparing or causing to be vacated or demolished dangerous buildings.
(4) 
Take such other legal action as is necessary to carry out the terms and provisions of these provisions.
(1988 Code, ch. 3, sec. 7.12; Ordinance 1978-39, adopted 12/11/78; 2010 Code, sec. 10-308)
In cases where it reasonably appears that there is an immediate danger to health, life or safety of any person unless a dangerous building, as defined herein, is immediately repaired, vacated and repaired, or vacated and demolished, the building official shall report such facts immediately to the municipal judge, who shall determine the facts as presented to him and, if warranted, may suspend the notice and hearing provisions of this article and order the building official to cause immediate repair, vacation, or demolition of such dangerous building. The cost of such emergency repair, vacation, or demolition of such dangerous building shall be collected in the same manner as provided for in section 3.03.008.
(1988 Code, ch. 3, sec. 7.13; Ordinance 1978-39, adopted 12/11/78; 2010 Code, sec. 10-309)
No officer, agent, or employee of the city shall render himself personally liable for the damage that may accrue to the person or property as a result of any act required or permitted in the discharge of his duties under these provisions.
(1988 Code, ch. 3, sec. 7.14; Ordinance 1978-39, adopted 12/11/78; Ordinance 1980-16, adopted 6/23/80; 2010 Code, sec. 10-310)
In accordance with this article, a deposit as provided for in appendix A of this code is required. This amount is to be refunded if the following cleanup conditions are met:
(1) 
Water capped and meter removed.
(2) 
Sewer capped with concrete at the property line and the location noted on the permit.
(3) 
All debris, weeds, and other objects shall be removed from the lot and it shall be left in a sanitary state.
(1988 Code, ch. 3, sec. 7.15; Ordinance 1978-39, adopted 12/11/78; 2010 Code, sec. 10-311)