City of Levelland, TX HOUSING STANDARDS

The physical condition or use of any premises regarded as a public nuisance at common law or as defined elsewhere in this code;

Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures;

Any premises that is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecure as to endanger life, limb or property;

Any premises from which the plumbing, heating and/or facilities required by the city’s ordinances have been removed, or from which utilities have been disconnected, destroyed, removed, or rendered ineffective, or the required precautions against unauthorized use or entry have not been provided;

Any structure or building that is in a state of dilapidation, deterioration or decay, faulty construction, overcrowded, open, vacant or abandoned, damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and dangerous to anyone on or near the premises;

Unfit for Human Occupation.

Any physical condition, use or occupancy of any premises or its appurtenances that is dangerous to the physical health or safety of an occupant or other person; or

(7)

Because of violations of Section 3.704 of this article, the state of disrepair is such that it could reasonably cause injury, damage, or harm to a considerable portion of the community in the use and enjoyment of property, materially interfering with the proper use or comfort and enjoyment of surrounding property, taking into consideration the nature and use of the properties in the area and the character of the community in which they are situated, which condition would be substantially offensive and annoying to persons of ordinary sensibilities living in the community.

Essentially the same as the term “uninhabitable and dangerous dwelling or building” as defined below.

Uninhabitable and Dangerous Dwelling or Building.

Any dwelling or building or structure which has any or all of the defects and deficiencies as listed under Sections 3.703 and 3.704 of this article.

(Ordinance 1018 adopted 6/19/17)

§ 3.703 Specific Nuisances - Conditions or Defects Constituting Substandard or Uninhabitable and Dangerous Dwellings or Buildings.

Without limiting the power of the city council to hereafter declare as public nuisances any other act, condition or thing, by ordinance, the following specific acts, conditions and things are, each and all of them, hereby declared to be substandard and/or an “uninhabitable and dangerous dwelling or building” and such dwelling or building shall be declared as unfit for human occupation and in violation of this article and constitute a public nuisance:

Any building or any portion thereof that is:

Dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare;

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:

(i)

The building constitutes a danger to the public even though secured from entry; or

(ii)

The means used to secure the building are inadequate to prevent unauthorized entry or use of the building.

Any building, dwelling or dwelling unit that has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants is endangered:

All buildings, dwellings or dwelling units where 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.

All buildings, dwellings, or dwelling units which exclusive of the foundation show thirty-three percent (33%), or more, of damage or deterioration of the supporting member or members or fifty percent (50%) of damage or deterioration of the nonsupporting enclosing or outside walls or covering.

All buildings, dwellings, or dwelling units 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 and is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

(D)

All buildings, dwellings or dwelling units which have been damaged by fire, explosion, earthquake, tornadoes, wind, flood, vandalism or elements of nature to such an extent that the structural strength or stability thereof is materially less than it was before such a catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location.

(E)

All buildings, dwellings or dwelling units which have outside walls which are not finished with a protective coating or covering sufficient to protect said building, dwelling or dwelling unit from deterioration and the action of the elements.

(F)

All buildings, dwellings or dwelling units where 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.

(G)

All buildings, dwellings or dwelling units or any portion thereof that is manifestly unsafe because of:

(i)

Dilapidation, deterioration or decay;

(ii)

Faulty construction;

(iii)

The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;

(iv)

The deterioration, decay or inadequacy of its foundation; or

(v)

Any other cause, or is likely to partially or completely collapse.

(H)

All buildings, dwellings or dwelling units, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the enforcement officer to be unsanitary, unfit for human habitation or in such a condition that it is likely to cause sickness or disease.

(I)

All buildings, dwellings, or dwelling units having inadequate light, air, utilities or sanitation facilities, to render such structure as being unfit for human habitation or in such a condition that it is likely to cause sickness or disease.

(J)

All buildings, dwellings or dwelling units having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of ingress or egress in case of fire or panic.

(K)

All buildings, dwellings or dwelling units where 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.

(L)

All buildings, dwellings or dwelling units which have parts thereof which are so attached that they may fall and injure members of the public or property.

(M)

All buildings, dwellings, or dwelling units, which, because of their condition are manifestly unsafe for the purpose for which it is being used.

(N)

All buildings, dwellings or dwelling units that have been so damaged by fire, wind, earthquake, tornadoes or flood, or has become so dilapidated or deteriorated as to:

(i)

Become an attractive nuisance to children;

(ii)

Become a harbor for vagrants, criminals or immoral persons; or

(iii)

Enable persons to resort or congregate thereto for the purpose of committing unlawful or immoral acts.

(O)

All buildings, dwellings or dwelling units that, 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 cause, is determined by the fire marshal to be a fire hazard.

(P)

All buildings, dwellings or dwelling units that are in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

(Q)

Whenever any portion of a building, dwelling or dwelling unit remains on a site after the demolition or destruction of the aforementioned structure or whenever any such structure is abandoned for a period in excess of six (6) months so as to constitute such structure or portion thereof an attractive nuisance or hazard to the public.

(R)

All buildings, dwellings or dwelling units where the water heating facilities are not properly installed or maintained in a safe and good working condition and/or such water heating facilities are not capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than one hundred twenty degrees Fahrenheit (120°). Such water heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of this subsection are not in operation.

(S)

All buildings, dwellings or dwelling units where the minimum standards provided by the International Building Code, the International Property Maintenance Code, the International Residential Code, the International Fire Code, the International Mechanical Code, the International Plumbing Code, the International Fuel Gas Code or National Electrical Code, as amended, and as adopted by the city council, are not met.

Any agricultural structure that fails to meet the minimum standards required for such agricultural structure adopted pursuant to the Occupational Safety and Health Standards for Agriculture, 29 C.F.R. § 1928, as amended.

(Ordinance 1018 adopted 6/19/17)

§ 3.704 Minimum Standards.

The minimum standards for the continued use and occupancy of all buildings, regardless of the date of construction thereof, shall be those established by the International Property Maintenance Code, which standards are hereby adopted, as well as those standards established by the International Building Code as promulgated by the International Conference of Building Officials as heretofore previously adopted or hereafter adopted or amended by the city, and those standards established by this article, including, but not limited to Section 3.703.

(Ordinance 1018 adopted 6/19/17)

§ 3.705 Procedure for Securing Vacant Structure.

In addition to all other powers and authority elsewhere set forth, the housing standards inspector shall have the authority to immediately and without prior notice secure, by boarding up, locking, or other appropriate and effective means, any building that (1) violates the minimum standards set forth in this article for buildings and (2) is unoccupied or is occupied only by persons who do not have a right of possession to the building.

Before the eleventh day after the building is secured under this section the housing standards inspector shall give notice of his securing of the building to the owner by:

Personally serving the owner with written notice;

Depositing the notice in the United States mail addressed to the owner at the owner’s post office address;

Publishing the notice at least twice within a 10-day period in a newspaper of general circulation in the county in which the building is located if personal service cannot be obtained and the owner’s post office address is unknown; or

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.

The notification described above, must contain:

An identification, which is not required to be a legal description, of the building and the property on which it is located;

A description of the violation of the municipal standards that is present at the building;

A statement that the city will secure or has secured, as the case may be, the building; and

An explanation of the owner’s entitlement to request a hearing about any matter relating to the city’s securing of the building.

If any owner or other interested party objects, they shall be entitled to a hearing before the housing standards commission, if notice of the desire for a hearing is given to the housing standards inspector within thirty (30) days after the building is secured.

(e)

Any hearing requested hereunder shall be conducted within twenty (20) days after the request for such hearing is made. This hearing may be combined with any other matters being heard pursuant to this article.

(Ordinance 1018 adopted 6/19/17)

§ 3.706 Public Nuisance Declared.

All buildings, dwellings or dwelling units that fall within the terms of Sections 3.703 and 3.704 of this article are hereby declared to be public nuisances, and shall be either repaired or demolished and/or vacated as provided in this article.

(Ordinance 1018 adopted 6/19/17)

§ 3.707 Housing Standards Commission.

Membership.

There is hereby created and established a commission to be known as the housing standards commission of the city, which shall be composed of five members, each of whom shall be a resident of the city.

Appointment and Selection.

Such members shall be appointed by the city council of the city in staggered terms of one member appointed for one year, two members for two years, and two members for three years, and shall serve until their respective successors shall have been duly appointed and qualified. Selection of membership shall be made as near as practicable from persons qualified in one or more of the fields of building construction, architecture, engineering, sanitation or health.

Any member of the housing standards commission shall be eligible for reappointment to said commission.

The members of the commission shall elect one of themselves to serve as chairman of such commission.

All members of the commission serve at the will of the city council and any member of said commission may be removed at any time by a majority vote of the city council for any reason or no reason, or for inefficiency, neglect of duty or malfeasance in office.

The housing standards inspector and fire chief shall be ex officio, nonvoting members of the housing standards commission. It shall be the duty of the ex officio members of the housing standards commission to inspect all buildings or structures reported to be or believed to be substandard and/or uninhabitable and dangerous and present a report of such inspection to the commission.

A record of all proceedings of the commission shall be made, which shall set forth the particulars of the matter before the commission, the decision rendered by the commission, the reason for the said decision and the vote of each member participating therein.

Powers.

The commission shall have the power and authority to hear any case brought to it by the housing standards inspector dealing with substandard structures and/or uninhabitable and dangerous buildings, dwellings or dwelling units and shall make a ruling, by majority vote, as to whether such building, dwelling or dwelling unit is a public nuisance and whether such building, dwelling or dwelling unit should be secured, repaired, vacated and/or demolished. In the event the commission determines that the building should be demolished, the commission shall forward such recommendation to the city council in accordance with Section 3.713 and the city council will make the final determination regarding the demolition of the structure. The commission shall also hear and determine all appeals from property owners as provided for in Section 3.705 of this article.

(Ordinance 1018 adopted 6/19/17)

§ 3.708 Inspection of Buildings, Dwelling Units and Premises.

An inspection shall be made of every building and dwelling located within the city which is suspected of being in violation of this article. The housing standards inspector, or his/her official designee, is hereby authorized to conduct inspections of any building or dwelling suspected of being in violation of this article to determine if any such violation exists, and take such actions as may be required to enforce the provisions of this article.

(Ordinance 1018 adopted 6/19/17)

§ 3.709 Duties of Housing Standards Inspector.

The housing standards inspector and/or his authorized representative shall:

Inspect any building, dwelling, dwelling unit, wall or other part thereof about which complaints are filed by any person or any city department to the effect that a building, dwelling, dwelling unit, wall or part thereof is, or may be, existing in violation of this article.

Whenever a notice is required to be placed on the building or structure by this article, or in addition to any notice otherwise provided for in this article, or due to the fact that the building is vacant or otherwise unoccupied, place a notice on the substandard and/or uninhabitable and dangerous dwelling or building reading as follows:

This building has been found to be substandard and an uninhabitable and dangerous structure by the housing standards inspector. This notice is to remain on the structure until it is repaired or demolished in accordance with the notice dated __________ which has been provided to the owner, occupant or mortgagee of this building, and all other persons having an interest in said building or property. It is a violation of this article for anyone to remove this notice until such notice is complied with.

Signed: __________

Housing Standards Inspector

Appear at all hearings conducted by the housing standards commission and testify as to the condition of the substandard and/or uninhabitable and dangerous dwellings or buildings.

Report to the housing standards commission any noncompliance with any order issued by commission.

The housing standards inspector may designate, as appropriate, to a building official, code enforcement officer, chief of police, fire chief, fire marshal or other designated representative, the enforcement and administration of the provisions of this article.

(Ordinance 1018 adopted 6/19/17)

§ 3.710 Notice of Public Hearing Before the Housing Standards Commission.

Whenever a violation of this article has been determined and reported by the building inspector or his/her designee, a public hearing shall be held by the housing standards commission to determine whether a building or structure complies with the standards set out in this article. A diligent effort shall be made by the city to determine all owner(s), lienholder(s) and/or mortgagee(s). Once identified, a notice of the hearing shall be sent to the occupant, if any, and all record owner(s), lienholder(s) and/or mortgagee(s). Such notice shall be in writing and shall be served by personal delivery or by certified mail return receipt requested. Additionally, a copy of the notice shall be posted on the front door of each affected structure situated on the property or as close to the front door as practicable. It is not necessary that the notice to the occupant of the property list an occupant by name. Service of the notice may be accomplished by the first class U.S. mail or by personal delivery to any occupant of the property who is above the age of eighteen (18) years. The notice shall include:

The names of all persons to whom the notice is being served;

The street address or legal description of the premises;

The date of the inspection;

The nature of the violation;

The date, time and location of the public hearing; and

A statement that the owner, lienholder, or mortgage 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 take to reasonably perform the work.

If the city mails a notice in accordance with this article to a property owner, lienholder, or mortgagee and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered delivered.

The city satisfies the requirements of this article to make a diligent effort, to use its best efforts, or to make a reasonable effort to determine the identity and address of an owner, a lienholder, or a mortgagee if the city searches the following records:

County real property records;

County appraisal district records;

Records of the Secretary of State;

Assumed name records of the county;

Tax records of the city; and

Utility records of any utility doing business in the city.

Date of Public Hearing.

The date of the public hearing before the housing standards commission shall not be fewer than thirty (30) days from the date of personal service or deposit of same in the U.S. Mail, whichever is earliest.

(Ordinance 1018 adopted 6/19/17)

§ 3.711 Filing of Notice of Public Hearing in Public Records.

The housing standards inspector shall file a notice of public hearing in the county real property records at least ten (10) days before the date of the public hearing. The notice of public hearing shall contain:

The name and address of the owner of the affected real property, if that information can be determined from a reasonable search of the instruments on file with the county clerk;

A legal description of the property; and

A description of the hearing.

The filing of the notice of public hearing under this section of this article shall be binding upon subsequent grantees, lienholders, or other transferees of any 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 1018 adopted 6/19/17)

§ 3.712 Duties of Housing Standards Commission.

Public Hearing.

The housing standards commission shall conduct the public hearing to determine compliance with the standards set out in this article. At the public hearing, the owner, lienholder or mortgagee 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.

Orders and Notice after Public Hearing.

If, after a public hearing, the housing standards commission finds that a nuisance exists pursuant to this article, the housing standards commission shall require the owner, lienholder, or mortgagee of the real property, building, dwelling, dwelling unit or premises to within thirty (30) days:

Secure the offending building, dwelling, dwelling unit or agricultural structure from unauthorized entry; or

Abate the nuisance and repair, remove or demolish the building, dwelling or dwelling unit unless the owner, mortgagee or lienholder establishes at the hearing that the work cannot reasonably be performed within the thirty (30) days allowed. If the owner, mortgagee or lienholder establishes that more than thirty (30) days is needed to perform the required work, the housing standards commission shall establish 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.

The housing standards commission also may order that the occupants be relocated within a reasonable time, at the cost of the owner.

Notwithstanding anything else herein to the contrary, in the event the housing standards commission orders that a structure be demolished, such order shall be considered a recommendation of the commission to the city council and shall automatically be forwarded to the city council in accordance with the provisions of Section 3.713 without further action being taken by commission. The commission shall provide the details of its recommendation in writing which shall be filed with the city secretary as soon as is practical but no later than three (3) business days after the date the recommendation is issued.

The housing standards commission reserves the right to determine what is a reasonable amount of time to perform the ordered work or a reasonable amount of time to relocate occupants. In the event the owner fails to comply with the order within the time provided for action by the owner, the housing standards commission may order any of the mortgagees or lienholders to comply with the order of the housing standards commission within a reasonable time including ordering that the occupants be relocated at the cost of any of the mortgagees or lienholders. Under this section, the city is not required to furnish any notice to a mortgagee or lienholder other than a copy of the order in the event the owner fails to timely take the ordered action.

If the owner, lienholder or mortgagee establishes at the public hearing that the work cannot be reasonably completed within ninety (90) days because of the scope and complexity of the work, and if the owner, lienholder or mortgagee has submitted at the hearing a detailed plan and time schedule, and the housing standards commission allows the owner, lienholder, or mortgagee more than ninety (90) days to complete any part of the work required to abate the nuisance or repair, remove or demolish the building or agricultural structure, the commission shall require the owner, lienholder or mortgagee to regularly submit progress reports to the commission through the housing standards inspector to demonstrate compliance with time schedules for commencement and performance of the work and may require appearance before the housing standards inspector, the housing standards commission, or their designees, to demonstrate compliance. If the owner, lienholder, or mortgagee owns property, including structures or improvements on property, within the city’s boundaries that exceeds $100,000.00 in total value, the housing standards commission may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing, or demolishing a building under this subsection. In lieu of a bond, the housing standards commission 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 commission. The bond must be posted, or the letter of credit or third-party guaranty provided, not later than the 30th day after the date the city issues the order.

(e)

Within ten (10) days after the date that the order is issued, the city secretary shall:

File a copy of the order in the city secretary’s office; and

Publish in a newspaper of general circulation in the city a notice containing:

The street address or legal description of the property;

The date of the hearing;

Brief statement indicating the results of the order; and

(D)

Instructions stating where a complete copy of the order may be obtained.

(f)

After the public hearing, the city secretary shall promptly mail by certified mail with return receipt requested, deliver by the United States Postal Service using signature confirmation service, or personally deliver a copy of the order to the owner of the building and to any lienholder or mortgagee of the building. The city shall use its best efforts to determine the identity and address of any owner, lienholder, or mortgagee of the building, structure or premises.

(g)

If the building, dwelling, dwelling unit or premises is not vacated, secured, repaired, or removed or the occupants are not relocated within the allotted time, the city may vacate, secure, or remove the building or relocate the occupants at its own expense. This subsection does not limit the ability of the city to collect on a bond or other financial guaranty that may be required by subsection (d) of this section.

(Ordinance 1018 adopted 6/19/17)

§ 3.713 Duties of City Council - Demolition of Substandard and Uninhabitable Buildings.

City Secretary’s Duties/Notice of Public Hearing.

Upon receiving a recommendation from the housing standards commission that a building, dwelling or dwelling unit should be demolished, the city secretary shall:

Provide for a public hearing at the next city council meeting to be held at least thirty (30) days after the date of the commission’s recommendation;

Place the recommendation of the commission on city council agenda for the city council to take action; and

Mail notice of the public hearing to each property owner, lienholder, or mortgagee as identified by the city in accordance with Section 3.710(c). The notice shall contain the same information as required in Section 3.710(a). The city secretary shall not be required to file any additional notice with the county real property records provided such notice had already been filed in accordance with Section 3.711 of this article.

Public Hearing - City Council.

The city Council shall conduct a public hearing on the recommendation of the commission to determine compliance with the standards set out in this article. At the public hearing, the owner, lienholder or mortgagee 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.

Orders and Notice after Public Hearing – City Council.

After the public hearing, the city council shall vote on the recommendation and may uphold, modify or disregard the recommendation of the commission. The city council shall have the same options, duties and responsibilities as provided for the housing standards commission in Section 3.712 of this article as though the city council was acting as the commission and any order issued by the city council pursuant to this section shall comply with the procedures and notice provisions of Section 3.712 of this article.

Any decision made and order issued by the city council shall be final subject to the provisions of Section 3.723 of this article.

(Ordinance 1018 adopted 6/19/17)

§ 3.714 Duties of the City Attorney.

The city attorney shall have the authority to institute any and all actions and proceedings necessary or advisable to carry out the purposes of this article and to effect all decisions of the housing standards inspector and housing standards commission.

(Ordinance 1018 adopted 6/19/17)

§ 3.715 Duties of the Fire, Police and Health Departments.

The employees of the fire and police departments and health department shall make a report, in writing, to the housing standards inspector of all dwellings, buildings or structures, which are, may be, or are suspected to be substandard and/or uninhabitable and dangerous dwellings or buildings within the purview of this article. Such reports must be delivered to the housing standards inspector within twenty-four (24) hours of the discovery of such dwelling, building, or structure by any employee of the fire or police department or health department.

(Ordinance 1018 adopted 6/19/17)

§ 3.716 Emergency Abatement.

Nothing in this article shall prohibit the requirement for abatement within twenty-four (24) hours, or a period of time less than as prescribed herein for public hearings, notice thereof, or the recovery of costs and establishment of liens, when a nuisance has been declared an immediate threat to health and safety by any enforcement personnel. The costs of such emergency repair, vacation, demolition or other compliance of such “uninhabitable and dangerous dwelling or building” shall be collected in the same manner as provided in all other cases under the terms of this article.

(Ordinance 1018 adopted 6/19/17)

§ 3.717 Where Owner Absent from the City.

In cases, except emergency cases, where the owner, occupant, lessee or mortgagee, or other interested party, is absent from the city, all notices or orders provided for herein shall be sent via registered mail or certified mail, to the owner, occupant, mortgagee, lessee and all other persons having an interest in said dwelling or building, as determined by reviewing the records outlined in Section 3.710(c), to the last known address of each. Additionally, a notice shall be posted in a conspicuous place on the building, dwelling or dwelling unit to which it relates that complies with Section 3.709(2). Such mailing and posting shall be deemed adequate service.

(Ordinance 1018 adopted 6/19/17)

§ 3.718 Administrative Liability.

No officer, agent or employee of the city, acting in good faith and without malice in the discharge of his duties under this article, shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this article. Any suit brought against any officer, agent or employee of the city as a result of any act required or permitted in the discharge of his duties under this article, shall be defended by the city attorney or other legal counsel until the final determination of the proceedings therein.

(Ordinance 1018 adopted 6/19/17)

§ 3.719 Contracting for Abatement.

Whenever the property owner, lienholder, mortgagee, tenant or person of interest fails to abate the nuisance within the time allowed, the housing standards inspector is hereby authorized to contract with a contractor to perform such work as may be required to abate the nuisance.

(Ordinance 1018 adopted 6/19/17)

§ 3.720 Remedies.

To enforce any requirement of this article, the housing standards inspector, his designee or any public authority may gain compliance by any or all of the following:

Taking such action as they deem appropriate within the authorization provided for in this article or any other ordinances of the city.

Causing appropriate action to be instituted in a court of competent jurisdiction including, but not limited to, injunctive action.

Ordering the abatement of the nuisance and assessing the costs of abatement against the property if the owner of the property does not abate same after the required notice.

Any other remedies permitted or authorized at law or in equity.

(Ordinance 1018 adopted 6/19/17)

§ 3.721 Penalties.

Any person, parties in interest or corporation who shall violate any of the provisions of this article or fail to comply therewith or with any of the requirements thereof shall be deemed guilty of a misdemeanor, and upon conviction a fine in accordance with the general penalty provision found in Section 1.106 of this code shall be imposed, and each day that such violation shall be permitted to exist or continue shall constitute a separate offense. In the event a corporation is the violator of any of the provisions of this article, such officer, agent and/or employee of such corporation who is responsible for or contributes to such violation in any manner shall be individually and severally liable for the penalties herein prescribed. Where any person, firm or corporation is acting solely as agent for the party in ownership, no penalties under this section shall be assessed against said agent as such.

In addition to any other remedies or penalties contained in this section, the city may enforce the provisions of this article pursuant to the applicable provisions of Texas Local Government Code, chapter 54, which chapter provides for the enforcement of municipal ordinances.

Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this article.

(Ordinance 1018 adopted 6/19/17)

§ 3.722 Recovery of Expenses and Costs.

Whenever the city enters upon the premises and causes any work to be performed to abate a nuisance, or if the building or agricultural structure is not vacated, secured, repaired, removed, or demolished, or if the occupants are not relocated within the allotted time, the city may take such action at its own expense, and a charge will be made to the property owner, agent, or tenant to recover the costs associated with the abatement. The charge shall be the actual cost of abatement, plus applicable sales taxes.

An administrative fee of $200.00 shall be assessed for each such charge.

If the actual charge and the administrative fee are not paid to the city within thirty (30) days after billing, the city shall file a lien against the property. Said lien shall be filed in the deed records of the county. The charges shown on the lien shall bear interest at the rate of eight percent (8%) per annum from the due date until paid. The lien shall be collected under the same terms and provisions of law as on city ad valorem taxes. The lien may be extinguished prior to foreclosure if the owner or other person having an interest in the legal title to the property reimburses the city for its expenses. If the notice is given pursuant to Section 3.710, and the opportunity to abate the nuisance or repair, remove, or demolish the building or agricultural structure is afforded to each mortgagee or lienholder under said Section 3.710 of this article, the lien is a privileged lien subordinate only to tax liens as authorized by Texas Local Government Code section 214.001(o).

(Ordinance 1018 adopted 6/19/17)

§ 3.723 Judicial Review.

Any owner, lienholder, or mortgagee aggrieved by an order of the housing standards commission or the city Council issued under this article shall be entitled to appeal the decision to a state district court pursuant to section 214.0012 of the Texas Local Government Code, as amended. A notice of appeal must be filed with the district court within thirty (30) calendar days from the date the order is personally delivered or mailed (in accordance with section 214.0012 of the Texas Local Government Code) to the owner(s), lienholder(s), or mortgagee(s), as provided herein. Upon the expiration of the thirty (30) calendar day period, the decision of the housing standards commission or city council, as the case may be, shall become final. If applicable, the city shall be entitled to an award of attorney’s fees, costs and expenses, and judgment therefor, pursuant to and as authorized by section 214.0012(h) of the Texas Local Government Code.

Municipal Court Proceedings Not Affected.

Action taken by the city pursuant to this article shall not affect the ability of the city to proceed under the jurisdiction of the city’s municipal court.

(Ordinance 1018 adopted 6/19/17)

§ 3.724 Interpretation and Conflict.

In interpreting and applying the provisions of this article, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare.