This article covers all aspects of substandard, dangerous and
dilapidated structure demolition and removal under the authority of
the city and is enacted to implement the stated purpose of protecting
the health, safety and welfare of the people of the city.
(Ordinance O-5-18 adopted 4/17/18; Ordinance
O-23-22 adopted 11/15/2022)
The provisions of this article shall apply to all buildings
and structures or portions thereof and all related structures and
their premises which are located within the corporate limits of the
city, any and all territory subsequently annexed into the corporate
limits of the city, and all areas lying within 5,000 feet of the corporate
limits of the city, and shall apply to any individual, corporation,
organization, government, governmental subdivision or agency, business
trust, partnership, association, or other legal entity, including
all federal installations, within the city limits.
(Ordinance O-5-18 adopted 4/17/18; Ordinance
O-23-22 adopted 11/15/2022)
The provisions of sections 214.001, 214.0015, and 214.003 of
the Local Government Code of the state shall apply and the city shall
exercise all authority granted under said statute.
(Ordinance O-5-18 adopted 4/17/18; Ordinance
O-23-22 adopted 11/15/2022)
For the purposes of this article, the following words and terms
have the meanings ascribed to them by this section, unless the context
clearly indicates otherwise:
Building.
Includes any erection or structure of any kind or any part
thereof.
Building code.
The edition of the International Building Code as adopted
by the city.
Building inspector.
The legally designated inspection authority of the city,
or his authorized representative.
Dangerous building.
All buildings or structures which have any or all of the
following defects shall be deemed "dangerous buildings" under the
terms of this article:
(1)
Any building:
(A)
With roof, ceiling, floors, sills, or foundations, or any combination
thereof, rotted or decayed and falling apart;
(B)
With 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; or
(C)
With windows or doors out or open to outdoor space or not otherwise
protected against the entry of vermin, disease vectors, or vandals;
(2)
Any building which is uninhabitable, untenable and unsightly,
due to obsolescence and deterioration caused by neglect or vandalism
or fire damage or old age or the elements;
(3)
Any building which is structurally unsafe or in danger of falling
and injuring the person or property of another;
(4)
Any building which is a fire menace, to wit, by being in a dilapidated condition, as fully described in subsections
(1),
(2) or
(3) hereof, and which has an accumulation of rubbish and trash in and around said building which is likely to become a fire, or to be set on fire, endangering the person or property of another;
(5)
Any building which is in the condition or conditions described in subsection
(1),
(2),
(3), or
(4) hereof which is damp and in an unsanitary condition which is likely to create disease and sickness; or
(6)
Any building which is dilapidated, substandard, or unfit for
human habitation and a hazard to the public health, safety, and welfare.
Owner.
The owner or owners of the freehold of the premises or lesser
estate therein, or a mortgagee or vendee in possession, receiver,
executor, trustee, lessee or other person, firm or corporation in
control of a structure.
Premises.
A lot or parcel of land, including a building or dwelling,
and auxiliary structures thereon, or any part of such building, dwelling
or structure.
Substandard building.
All buildings or structures which have any or all of the
following conditions shall be deemed a "substandard building" under
the terms of this article:
(1)
Any building which may be deemed as a "dangerous building" as
described in this article;
(2)
Any building which may be deemed as an "unsafe building" as
defined in section 8.1 of the building code;
(3)
Any building which may be deemed as an "unsafe structure" as defined in section
3.04.048;
(4)
Any building which has been abandoned and is open, permitting
the unauthorized entry of any person, and if such entry or entries
have in fact occurred as evidenced by such signs of vandalism;
(5)
Any building which by virtue of its materials or condition will
have an adverse effect on adjacent premises by reducing the desirability
of living conditions in the immediate neighborhood and cause a substantial
depreciation in property values;
(6)
Any portion of a building or structure remaining on a site after
the demolition or destruction of that building or structure;
(7)
Any building which is vermin infested; or
(8)
Any building 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.
(Ordinance O-5-18 adopted 4/17/18; Ordinance
O-23-22 adopted 11/15/2022)
Any building that is not substandard as defined in this article
shall be deemed as meeting the minimum standards for the continued
use and occupancy of all buildings regardless of the date of their
construction, and any building deemed as a dangerous or substandard
building by this article shall not be deemed as meeting said minimum
standards for continued use and occupancy.
(Ordinance O-5-18 adopted 4/17/18; Ordinance
O-23-22 adopted 11/15/2022)
All substandard buildings, as defined in this article, located
within the corporate limits of the city or in an area lying within
5,000 feet of the corporate limits of the city are declared to be
public nuisances and unlawful, and shall be abated by repair, rehabilitation,
removal, or demolition as provided herein or by any other procedures
provided by law.
(Ordinance O-5-18 adopted 4/17/18; Ordinance
O-23-22 adopted 11/15/2022)
(a) Enforcement officer.
The provisions of this article
shall be administered and enforced by the building inspector, or his
duly authorized representative, of the city.
(b) Notice of violation.
(1) Whenever the building inspector or any other agent of the city has
reason to believe that a violation of any provision of this article
or any applicable state or federal law or regulation has occurred,
written notice shall be served upon the alleged violator or violators.
The notice shall contain:
(A) An identification, which is not required to be a legal description,
of the building and the property on which it is located;
(B) A description of the violation of the standards that is present in
the building; and
(C) A statement that, if the conditions are not corrected within ten
(10) days after such notice is served, charges for violation of this
article may be filed in municipal court, or proceedings may be commenced
as provided herein to abate said condition.
(2) Notice shall be deemed made when personally delivered or mailed to
the alleged violator by U.S. mail certified, postage prepaid, return
receipt requested.
(c) Remedies.
In the event that corrective action is not
taken within the specified time, or if the condition or conditions
constitute a clear and present danger to the public health and welfare
which requires immediate action, the city or its agent may prosecute
any alleged violations in the municipal court or in a court of appropriate
jurisdiction, or institute a civil suit for injunctive relief or civil
penalty in a court of proper jurisdiction to relieve such condition,
or initiate the process to abate the condition as hereinafter provided.
(d) Action by building inspector.
In the event that the
building inspector is:
(1) Unable to locate the owner of a substandard building for the purpose
of securing voluntary compliance or for prosecution in municipal court;
or
(2) Otherwise unable to secure compliance with this article;
then the building inspector may begin proceedings to secure
the repair, removal or demolition of said substandard structure by
the process as provided in this article.
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(e) Efforts to obtain voluntary compliance.
Nothing in this
section shall prevent the city or its agents from making efforts to
obtain voluntary compliance through warning, conference or any other
appropriate means.
(Ordinance O-5-18 adopted 4/17/18; Ordinance
O-23-22 adopted 11/15/2022)
Neither the city nor any authorized agent or employee of the
city acting under the terms of this article shall be liable or have
any liability by reason of orders issued or work done in compliance
with the terms of this article.
(Ordinance O-5-18 adopted 4/17/18; Ordinance
O-23-22 adopted 11/15/2022)
The building inspector shall enforce the provisions of this
article, and, upon presentation of proper identification to the owner
of such property, and in such manner as to not cause unreasonable
inconvenience to the persons in possession, may enter any building,
structure, or premises, during all reasonable hours, to make inspections
or examinations thereof in order to perform the duties imposed on
him by this article.
(Ordinance O-5-18 adopted 4/17/18; Ordinance
O-23-22 adopted 11/15/2022)
(a) Notice to owner.
When it shall be determined by the
building inspector that a building or structure is deemed a substandard
building or structure within the terms of this article, the building
inspector may cite the owner of such building or structure, or his
authorized agent or representative, to appear before the city council
and show cause why such building should not be declared a public nuisance
and why the owner should not be ordered to repair, renovate, remove
or demolish and clear such building or structure from the premises.
The date of such hearing shall not be less than ten (10) days after
the owner and any lienholders are cited as hereinafter provided.
(b) Notice to lienholders.
The building inspector shall
notify each mortgagee and lienholder of such public hearing and such
mortgagees or lienholders shall be served with the same form of notice
as is served on the owner.
(c) Service of citation.
Notice shall be by citation served
upon such owner and any lienholder by personal delivery of a copy
thereof to the owner of the property, as such ownership appears on
the last city tax roll, or by depositing such citation properly addressed,
postage prepaid, by U.S. mail certified, return receipt requested,
and by attaching a copy of such citation in a place of prominence
on such building or structure. In the event personal service cannot
be effected on the owner, or if the owner is unknown, notice shall
be given to owner by publishing the same in a newspaper of general
circulation in the county at least ten (10) days prior to the date
set for a hearing, which notice shall state the time and place of
such hearing.
(d) Contents of citation.
The citation shall contain:
(1) The street address or a legal description sufficient for identification
of the premises upon which the building is located.
(2) A statement that the building inspector has found the building to
be in violation of the provisions of this article, with a brief and
concise description of the condition or conditions found to render
the building substandard.
(3) A statement advising that a hearing has been set before the city
council for the purpose of making a determination of whether the building
is a substandard building or structure under the provisions of this
article, specifying the date, time and place of such hearing.
(4) A statement advising that, if the city council finds that such building
is a substandard building or structure, the city council may order
the abatement of said condition or conditions by repair, renovation,
removal, or demolition by the owner within a reasonable time to be
set by the city council and that the city may repair, renovate, remove
or demolish said building if the owner does not comply with such order
in the time provided.
(Ordinance O-5-18 adopted 4/17/18; Ordinance
O-23-22 adopted 11/15/2022)
(a) Generally.
On the date and at the time and place designated
for hearing, a hearing shall be had at which the city council shall
determine whether or not such building or structure complies with
the minimum standards of continued use and occupancy or is a substandard
building or structure under the terms of this article.
(b) Order by council; abatement by city; lien for city's expenses.
(1) After proper hearing, if the city council determines that a building
or structure is in violation of standards set out in this article,
the city council may order the building or structure be vacated, secured,
repaired, removed, or demolished by the owner within a reasonable
specified time.
(2) If the owner, or a lienholder, does not take the ordered action within
the specified time, the city may vacate, secure, remove, or demolish
the building or structure at its own expense.
(3) Unless the premises upon which the building or structure is located
constitutes the homestead of the owner, the city may assess a lien
against such premises for all expenses incurred by the city in connection
with the vacation, securing, removal or demolition of such building
or structure. Such 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:
(A) The name and address of the owner if that information can be determined
with reasonable effort;
(B) A legal description of the real property on which the building is
located;
(C) The amount of expenses incurred by the city and the balance due.
If the notice is given and the opportunity to repair, remove,
or demolish the building is afforded to each mortgagee and the lienholder,
the lien is a privileged lien subordinate only to tax liens and all
previously recorded bona fide mortgage liens attached to the real
property to which the city's lien attaches.
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(c) Notice to owners and lienholders.
After proper hearing,
a copy of the city council's order, which shall be in the form of
a resolution, shall be served upon each owner and lienholder, by mailing
a copy of such order to such owner and lienholders by U.S. certified
mail, postage prepaid, return receipt requested. A copy of such order
shall also be posted in a prominent place upon the premises.
(d) Interference with abatement.
Any person who shall use,
enter or occupy such premises, and/or any person who shall interfere
with or hinder the demolition or removal of any building or structure
under the terms of this article, shall be deemed guilty of a misdemeanor
and shall be subject to a fine as prescribed herein.
(Ordinance O-5-18 adopted 4/17/18; Ordinance
O-23-22 adopted 11/15/2022)
(a) Limitation on repair of residences with ten or fewer dwelling units.
(1) The city may repair a substandard building only to the extent to
bring the building into compliance with the minimum standards if the
building is a residence building with ten (10) or fewer dwelling units.
The repairs may not improve the building to the extent that the building
exceeds minimum housing standards.
(2) The city may repair the building at the expense of the city and assess
a lien on the land and building for such expenses.
(b) Court-appointed receiver.
The city may bring an action
in district court against an owner of residential property that is
not in substantial compliance with city ordinances regarding fire
protection, structural integrity, zoning, or disposal of refuse. The
court may appoint a receiver to take control and rehabilitate the
property in order to make any repairs necessary to bring the property
into compliance with the minimum standards as provided in this article.
(Ordinance O-5-18 adopted 4/17/18; Ordinance
O-23-22 adopted 11/15/2022)
(a) Statement of expenses.
Whenever any work is done on
any building or structure by the city under the provisions above,
the building inspector, on behalf of the city, shall file a sworn
statement of the expenses incurred with the county clerk. Such statement
shall specify the amount of such expenses and the date or dates on
which the work was done or the expenses incurred, and costs of demolishing,
cleaning, or removing the building or structure. A copy of said statement
shall be mailed to the owner by U.S. mail, return receipt requested,
to the address on the tax roll.
(b) Lien.
When this sworn statement is filed with the county
clerk, the city shall have a prior lien on the lot or real estate
upon which the work was done to secure the expenses involved. Such
lien shall be inferior only to tax liens and liens for street improvements,
and the amount thereof shall bear interest at the rate of ten percent
(10%) per annum from the date the statement was filed with the county
clerk. The sworn statement of expenses for work done and filed with
the county clerk, or a certified copy thereof, shall be prima facie
proof of the amount expended for such repairs, demolition, clearance
or removal.
(Ordinance O-5-18 adopted 4/17/18; Ordinance
O-23-22 adopted 11/15/2022)