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.
City council.
The governing body of the city.
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.
Dilapidated building.
The same as "dangerous building."
Nuisance building.
The same as "substandard building" under the terms of this article.
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.
Structure.
The same as "building."
Structure maintenance ordinance.
Article 3.04 of this chapter.
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.
Unsafe building.
The same as "dangerous building."
(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.
(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.
(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)