This article shall apply to all dangerous buildings or structures
and shall apply equally to new and existing conditions.
(Ordinance 384, sec. 2, adopted 6/8/10)
In this article:
means the building official or his duly authorized representative,
including the city’s code enforcement officer.
means the planning and zoning commission of the city.
means any premises, building or structure that is:
Regardless of the structural condition of the building or structure,
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 minors;
Boarded up, fenced, or otherwise secured in any manner if:
Dilapidated, substandard or unfit for human habitation and a
hazard to the public health, safety and welfare. A building, premises
or structure that contains the following defects shall be considered
a dangerous building or structure under this definition:
Those buildings or structures whose interior walls or other
vertical structural members list, lean or buckle to such an extent
that a plumb line passing through the center of gravity falls outside
of the middle third of its base;
Those buildings or structures which, exclusive of the foundations,
show 33 percent or more damage or deterioration to the supporting
member or members, or 50 percent damage or deterioration to the nonsupporting
enclosing or outside walls or covering;
Those buildings or structures:
Which have improperly distributed loads upon floors or roofs
or in which the same are overloaded, or which have insufficient strength
to be reasonably safe for the purpose used; or
In which the stress in any material, member or portion thereof,
due to all imposed loads, including dead load, exceeds the stresses
allowed in the building code adopted by the city for new buildings;
Those buildings or structures which have been damaged by fire,
flood, earthquake, wind, or other causes so as to have become dangerous
to life, safety or the general health and welfare of the occupants
or the general public;
Those buildings or structures which have been damaged by fire,
flood, earthquake, wind, or other causes to the extent that the structural
integrity of the building or structure is less than it was prior to
the damage and is less than the minimum requirements established by
the building code adopted by the city for new buildings;
The condition of the structure or building is likely to cause
sickness or disease, so as to work injury to the health, safety or
general welfare of those living therein or to persons or property
in its vicinity;
A building, structure, or portion thereof which, as a result
of decay, deterioration or dilapidation, is reasonably likely to fully
or partially collapse;
Those buildings or structures having light, air, and sanitation
facilities which are inadequate to protect the health, safety or general
welfare of human beings who occupy the building or structure;
Those buildings or structures having inadequate facilities for
egress in case of fire or panic or those having insufficient stairways,
elevators, fire escapes, or other means of communication in order
to evacuate in a timely and expedient manner in order to avoid injury
or peril from within;
Those buildings or structures which have:
Parts thereof which are detached [such] that they may reasonably
be expected to fall and injure members of the public or property;
or
Any exterior appendage or portion of the building or structure
that is not securely fastened, attached or anchored such that it is
capable of resisting wind or similar loads as required by the building
code adopted by the city for new buildings;
Those buildings, structures, or a portion thereof that do not
contain sufficient space for sleeping or occupation of the building;
Those buildings or structures which because of their condition
are unsafe, unsanitary or dangerous to the health, safety or general
welfare;
Those buildings or structures that are unsafe, unsanitary or
not provided with adequate egress, or which constitute a fire hazard,
or are otherwise dangerous to human life, or, which, in relation to
existing use, constitute a hazard to safety or health by reason of
inadequate maintenance, dilapidation, obsolescence or abandonment;
Those buildings or structures that have been constructed or
maintained in violation of a specific requirement of any of the codes
adopted by the city regarding construction or building standards or
contrary to any state law.
means a building or other structure, or part of a building
or other structure.
means to leave the premises and not return until further
allowed by the building official or the commission.
(Ordinance 384, sec. 3, adopted 6/8/10)
All “dangerous buildings or structures” within the
terms of the definition above are declared to be public nuisances,
and shall be abated as provided in this article.
(Ordinance 384, sec. 4, adopted 6/8/10)
The following standards shall be followed in ordering repair,
vacation and/or demolition:
(1)
If
the dangerous building or structure can be feasibly repaired or the
condition remedied so that it will no longer exist in violation of
the terms of this article, it shall be ordered remedied or repaired.
Repairs shall be deemed feasible only if less than 50 percent of the
structure of the building must be repaired or replaced or the value
of the structure is reduced by less than 50 percent because of the
violations. Value shall be determined by comparing the most recent
valuation for the building or structure by the Blanco County Appraisal
District with the valuation of the building or structure two years
prior to the most recent valuation by the Blanco County Appraisal
District.
(2)
If
the dangerous building or structure is in such a condition as to make
it hazardous to the health, safety or general welfare of its occupants
or the public, it shall be ordered vacated and secured, and the order
may also require the occupants to be relocated.
(3)
In
any case where more than 50 percent of a building or structure is
damaged, decayed or deteriorated, it shall be ordered demolished or
removed, unless the commission deems that the structure can be feasibly
repaired or the condition remedied. In all cases where a building
cannot be repaired, it shall be ordered demolished.
(Ordinance 384, sec. 5, adopted 6/8/10)
In this article, the minimum standards that shall determine
the suitability of a building for continued use or occupancy, regardless
of the date of construction, are those found in the city’s adopted
building code, supplemental building code, mechanical code, supplemental
mechanical code, gas code, supplemental gas code, plumbing code, supplemental
plumbing code, electrical code, housing code, existing buildings code,
and fire prevention codes, as amended by the city from time to time.
(Ordinance 384, sec. 6, adopted 6/8/10)
Whenever the building official has determined that a building
or structure is a dangerous building or structure, he/she shall obtain
a date and time for a public hearing before the commission to determine
whether the building complies with the standards set out in this article.
The building official may seek voluntary compliance with this article
with the owner, lienholder or mortgagee of the building or structure
before seeking a hearing before the commission. If the building official
receives voluntary compliance from the owner, lienholder or mortgagee,
the building official need not seek a public hearing from the commission.
(Ordinance 384, sec. 7, adopted 6/8/10)
(a)
Notice
of the public hearing required under this article shall be sent to
the owner of record, lienholder and mortgagee of the affected property.
The notice shall be served at least ten calendar days prior to the
hearing date. The notice may be served personally or by certified
mail, return receipt requested. The executed return receipt shall
be prima facie evidence of service. If the owner of record, lienholder
or mortgagee of the building cannot be identified, the city shall
make a diligent effort, use its best efforts, or make a reasonable
effort to determine the identity and address of an owner, lienholder
or mortgagee. If a notice is mailed according to this subsection and
the United States Postal Service returns the notice as “refused”
or “unclaimed,” the validity of the notice is not affected,
and the notice shall be deemed to be delivered.
(b)
The
city must post a notice of the public hearing on the front door of
each improvement situated on the affected property or as close to
the front door as practicable on or before the 10th day before the
date fixed for the public hearing.
(c)
The
city must publish a notice of the public hearing in a newspaper of
general circulation in the municipality on one occasion on or before
the 10th day before the date fixed for the public hearing.
(d)
The
city may file a notice of the hearing in the official public records
of real property for the county.
(e)
The
filing of the notice of hearing in the official public records of
real property for the county is binding on subsequent grantees, lienholders
or other transferees of an interest in the property who acquire such
interest after the filing of the notice and constitutes notice of
the hearing on any subsequent recipient of any interest in the property
who acquires such interest after the filing of the notice.
(Ordinance 384, sec. 8, adopted 6/8/10)
(b)
A
notice of a public hearing required by this article sent to an owner,
lienholder or mortgagee:
(1)
Must include a statement that the owner, lienholder or mortgagee
will be required to submit at the hearing proof of the scope of any
work that may be required to comply with this article and the time
it will reasonably take to perform the work;
(2)
May contain a description of each violation which allegedly exists,
a statement that the city may perform the required work to abate the
violation if the owner fails to do so, and an explanation of the owner’s
right to a hearing before the commission.
(Ordinance 384, sec. 9, adopted 6/8/10)
At the hearing the building official shall present evidence
of the condition of the structure and may recommend a course of action.
The owner, lienholder, mortgagee or any other interested party may
present evidence on any relevant issues.
(Ordinance 384, sec. 10, adopted 6/8/10)
(a)
After
the public hearing, if a building is found in violation of standards
set out in this article or any other applicable ordinances, the commission
may:
(1)
Find the building or structure to be a dangerous building or structure
and order that the building be vacated, secured, repaired, removed
or demolished by the owner within a reasonable time. The commission
may order that the owner relocate the occupants within a reasonable
time;
(2)
Grant a variance in order to avoid the imposition of an unreasonable
hardship; or
(3)
In the case of a single-family dwelling occupied by the owner where
the health, safety and welfare of other persons will not be affected,
grant an exception to any provision of this article to avoid the imposition
of an unreasonable hardship.
(b)
The
mortgagees and lienholders shall be provided an additional reasonable
amount of time to comply with the ordered action in the event the
owner fails to comply with the order within the time provided for
action by the owner.
(c)
A
commission order shall require the owner, lienholder or mortgagee
of the building to within 30 days:
(d)
If
the commission allows the owner, lienholder or mortgagee more than
30 days to repair, remove or demolish the building, the commission
shall set specific time schedules for the commencement and performance
of the work and shall require the owner, lienholder or mortgagee to
secure the property in a reasonable manner from unauthorized entry
while the work is being performed, as determined by the commission.
(e)
The
commission may not allow the owner, lienholder or mortgagee more than
90 days to repair, remove or demolish the building or fully perform
all work required to comply with the order unless the owner, lienholder
or mortgagee:
(f)
If
the commission allows the owner, lienholder or mortgagee more than
90 days to complete any part of the work required to repair, remove
or demolish the building, the commission will require the owner, lienholder
or mortgagee to regularly submit progress reports, as defined by the
commission, to the building official to demonstrate compliance with
the time schedules established for commencement and performance of
the work. The order may require that the owner, lienholder or mortgagee
appear before the commission or the building official to demonstrate
compliance with the time schedules.
(g)
If
the commission allows the owner, lienholder or mortgagee to repair,
remove or demolish the building, the work shall be done in compliance
with all permitting requirements of the city, the county and the state.
Any repair work must comply with the applicable codes for the work
to be completed.
(h)
If the owner, lienholder or mortgagee owns property, including structures and improvements on property, within the city limits, with a value that exceeds $100,000.00 in total value, the commission may require the owner, lienholder or mortgagee to post a cash or surety bond in an amount adequate enough to cover the cost of repairing, removing or demolishing a building or structure under subsection (f) of this section. In lieu of a bond, the commission may require the owner, lienholder or mortgagee to provide a letter of credit from a financial institution or guaranty from a third party approved by the commission. The bond must be posted, or the letter of credit or third party guaranty provided, not later than the 30th day after the commission issues the order. Value may be determined by using the appraised value of real property and improvements as determined by the Blanco County Appraisal District, or its successor in interest.
(i)
The
owner, lienholder or mortgagee has the burden of proof to demonstrate
the scope of any work that may be required to comply with the applicable
city ordinances and the time it will take to reasonably perform the
work.
(Ordinance 384, sec. 11, adopted 6/8/10)
(a)
(b)
The
building official shall promptly mail by certified mail, return receipt
requested, a copy of the order to the owner of the building and to
any lienholder or mortgagee of the building. The municipality shall
use its best efforts to determine the identity and address of any
owner, lienholder or mortgagee of the building. If a copy of the order
is mailed according to this subsection and the United States Postal
Service returns the notice as “refused” or “unclaimed,”
the validity of the mailing is not affected, and the copy of the order
shall be deemed to be delivered.
(c)
The
owner, lienholder, or mortgagee shall have the right to appeal the
decision made at the hearing to a district court. A notice of appeal
must be filed with the district court within 30 (thirty) calendar
days from the date the order is mailed to the owner, lienholder, or
mortgagee, as provided herein.
(Ordinance 384, sec. 12, adopted 6/8/10)
(a)
If
the building is not vacated, secured, repaired, removed or demolished,
or the occupants are not relocated, within the allotted time, the
city may vacate, secure, remove, or demolish the building or relocate
the occupants at its own expense.
(b)
If the city incurs expenses under subsection (a) of this section, the city may assess the expenses on, and the city has a lien against, unless it is a homestead as protected by the Texas Constitution, the property on which the building is located. The lien is extinguished if the property owner or another person having an interest in the legal title to the property 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. 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.
(c)
This
section does not limit the city’s ability to collect on a bond
or other financial guaranty that may have been required by this article.
(Ordinance 384, sec. 13, adopted 6/8/10)
(b)
Before
the 11th day after the date the building is secured, the building
official shall give notice to the owner by:
(1)
Personally serving the owner with written notice;
(2)
Depositing the notice in the United States mail addressed to the
owner at the owner’s post office address;
(3)
Publishing the notice at least twice within a ten-day period in a
newspaper of general circulation if personal service cannot be obtained
and the owner’s post office address is unknown; or
(4)
Posting the notice on or near the front door of the building if personal
service cannot be obtained and the owner’s post office address
is unknown.
(c)
The
notice must contain:
(1)
An identification, which is not required to be a legal description,
of the building and the property on which it is located;
(2)
A description of the violation of the municipal standards that is
present at the building;
(3)
A statement that the municipality will secure or has secured, as
the case may be, the building; and
(4)
An explanation of the owner’s entitlement to request a hearing
about any matter relating to the municipality’s securing of
the building.
(d)
The
commission shall conduct a hearing at which the owner may testify
or present witnesses or written information about any manner relating
to the city’s securing of the building if, within 30 days after
the date the city secures the building, the owner files with the building
official a written request for the hearing. The commission shall conduct
the hearing within 20 days after the date the request is filed.
(e)
If
the city incurs expenses under this section, the city may assess the
expenses on, and the city has a lien against, unless it is a homestead
as protected by the Texas Constitution, the property on which the
building is located. The lien is extinguished if the property owner
or another person having an interest in the legal title to the property
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 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.
(g)
The
authority granted by this section is in addition to any other remedy
provided in this article or by state law.
(Ordinance 384, sec. 14, adopted 6/8/10)
(a)
A
commission order issued pursuant to this article may require that
after the expiration of the time allotted for repair, removal or demolition
of a building:
(1)
That the city repair the building or structure at the expense of
the city and may place a lien on the land on which the building stands
or to which it is attached for the expenses of the repair; or
(2)
Assess a civil penalty against the property owner for failure to
repair, remove or demolish the building and may recover the penalty
by placing a lien on the property.
(b)
The city may repair a building under subsection (a) of this section only 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 housing standards.
(c)
If the commission orders the building or structure repaired or assesses a civil penalty against the owner under subsection (a) of this section, the city shall impose a lien against the land on which the building stands or stood, unless it is a homestead as protected by the Texas Constitution, to secure the payment of the repair expenses or the civil penalty. Promptly after the imposition of the lien, the city must file for record, in recordable form in the office of the county clerk, a written notice of the imposition of the lien. The notice must contain a legal description of the land.
(d)
Any
civil penalty or other assessment imposed under this section accrues
interest at the rate of ten percent from the date of the assessment
until paid in full.
(e)
The
city’s right to the assessment lien cannot be transferred to
third parties.
(f)
A
lien acquired under this section by the city for repair expenses may
not be foreclosed if the property on which the repairs were made is
occupied as a residential homestead by a person 65 years of age or
older.
(g)
The
commission may assess and the city may recover a civil penalty, if
ordered, against a property owner at the time of the commission hearing
on violations of this article, in an amount not to exceed $1,000.00
a day for each violation or, if the owner shows that the property
is the owner’s lawful homestead, in an amount not to exceed
$10.00 a day for each violation, if the municipality proves:
(h)
Notice of an action taken under subsection (a) of this section shall be the same notice provided for in this article.
(i)
The
authority granted by this section is in addition to any other remedy
provided in this article or by state law.
(Ordinance 384, sec. 15, adopted 6/8/10)
Under this article, the city is deemed to have made a diligent
effort, used its best efforts, or made a reasonable effort to determine
the identity and address of an owner, a lienholder, or mortgagee if
it searches the following records:
(1)
County
real property records of the county in which the building is located;
(2)
Appraisal
district records of the appraisal district in which the building is
located;
(3)
Records
of the secretary of state;
(4)
Assumed
name records of the county in which the building is located;
(5)
Tax
records of the city; and
(6)
Utility
records of the city.
(Ordinance 384, sec. 16, adopted 6/8/10)
The building official may inspect or cause to be inspected periodically
all public buildings, schools, halls, churches, theaters, hotels,
apartments, commercial premises or tents for the purpose of determining
whether any conditions exist which render any such place a dangerous
building or structure within the terms of this article. The building
official shall also inspect buildings under the following conditions:
(1)
Any
premises, building, wall or structure about which complaints are filed
by any person to the effect that any premises or building, wall or
structure is or may be existing in violation of this article;
(2)
Any
premises, building, wall or structure reported by the police department
of the city as possibly existing in violation of the terms of this
article;
(3)
Any
premises, building, wall or structure that the building official has
reason to believe may be in violation of this article, wherein such
inspection is conducted in accordance with the law.
(Ordinance 384, sec. 17, adopted 6/8/10)
(a)
Demolition,
closure, removal or repair of a structure may be accomplished by the
owner in compliance with this article or by the city. The expense
of demolition, closure, correction, removal or repair, when performed
under contract with the city or by city forces and filed in accordance
with the law, constitutes a lien against the real property on which
a structure stood and the lien runs and is attached to the land.
(b)
The
city may use all other lawful means to collect costs from an owner.
(Ordinance 384, sec. 18, adopted 6/8/10)
(a)
Each
occupant of a structure or dwelling unit that has been ordered vacated
shall vacate the structure or dwelling unit within the time specified
in the order. It is unlawful for any person to occupy a structure
or dwelling unit that has been ordered vacated.
(b)
A
person who is ordered to vacate a structure shall not be considered
a displaced person and shall not be eligible for relocation assistance
if:
(Ordinance 384, sec. 19, adopted 6/8/10)
The building official may place a red placard on a structure
or dwelling unit that is unsanitary or unsafe, warning of its dangerous
condition. A person commits an offense if:
(1)
Without
authority from the building official, he removes or destroys a red
placard placed by the building official;
(2)
He
occupies a vacant structure or dwelling unit on which the building
official has placed a red placard; or
(3)
As
owner of a structure or dwelling unit, he allows a person to occupy
or continue to occupy a structure or dwelling unit on which he is
aware or should be aware that the administrator has placed a red placard.
(Ordinance 384, sec. 20, adopted 6/8/10)
(a)
In
cases where it reasonably appears there is an immediate and imminent
danger to the life or safety of any person unless a dangerous building
as defined in this article is immediately vacated, repaired, closed
or demolished, the building official of building inspections shall
cause the immediate vacation, repair, closure or demolition of such
dangerous building or part thereof. The building inspector shall use
the least intrusive means to abate the emergency.
(b)
The
building inspector shall make reasonable attempts to notify the affected
persons in accordance with this article. The costs of such emergency
repair, vacation or demolition of such dangerous building shall be
collected in the manner as provided for by this article.
(Ordinance 384, sec. 21, adopted 6/8/10)
The building official of building inspections may request that
public utilities be disconnected in order that demolition may be accomplished
without delay when an order for demolition has been issued or when
an emergency situation exists.
(Ordinance 384, sec. 22, adopted 6/8/10)
Any violation of any provision of this article constitutes a misdemeanor and upon conviction thereof is subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code. Each and every day a violation continues constitutes a separate offense.
(Ordinance 384, sec. 23, adopted 6/8/10; Ordinance adopting Code)
In addition to imposing a criminal penalty, the city may, in
accordance with V.T.C.A., Local Government Code, chapter 54, bring
a civil action against a person violating a provision of this article
relating to dangerous buildings. The civil action may include, but
is not limited to, a suit to recover a civil penalty not to exceed
$500.00 for each day or portion of a day during which the violation
is committed, continued or permitted.
(Ordinance 384, sec. 24, adopted 6/8/10)
