In order to provide for final interpretation of the provisions of this code and to hear appeals provided for hereunder, the board of minimum housing standards will serve as the appeal board for minimum requirements of the minimum housing/dangerous building code. There is hereby established a board of minimum housing standards consisting of the city council.
(Ordinance 19-3687, sec. 5, adopted 3/12/19)
The board shall select a chairman, vice chairman and secretary of the board. The chairman shall preside over meetings and shall have the same voting rights as other members. One (1) member of the planning and zoning department of the city, one (1) representative from the county health department, and one (1) representative of the fire department of the city, shall serve as ex officio members of the board, but such members shall not have any voting rights or privileges.
(Ordinance 19-3687, sec. 5, adopted 3/12/19)
Each meeting of the board shall be legally posted as required by Tex. Gov’t Code sec. 551.001 et seq., and the ex officio members and members of the board shall be notified in writing not less than five (5) days prior to the date of any meeting.
(Ordinance 19-3687, sec. 5, adopted 3/12/19)
The board may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the code enforcement officer. Appeals to the board and alleged violations of this division shall be in writing. Copies of all rules and regulations adopted by the board shall be delivered to the city secretary, who shall make them freely accessible to the public.
(Ordinance 19-3687, sec. 5, adopted 3/12/19)
(a) 
Whenever a violation of this division has been determined and reported by the building inspector or his/her designee, a public hearing shall be held by the board to determine whether a building or structure complies with the standards set out in this division. 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:
(1) 
The names of all persons to whom the notice is being served;
(2) 
The street address or legal description of the premises;
(3) 
The date of the inspection;
(4) 
The nature of the violation;
(5) 
The date, time and location of the public hearing; and
(6) 
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 division and the time it will take to reasonably perform the work.
(b) 
If the city mails a notice in accordance with this division 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.
(c) 
The city satisfies the requirements of this division 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:
(1) 
County real property records;
(2) 
County appraisal district records;
(3) 
Records of the secretary of state;
(4) 
Assumed name records of the county;
(5) 
Tax records of the city; and
(6) 
Utility records of any utility doing business in the city.
(Ordinance 19-3687, sec. 5, adopted 3/12/19)
The date of the public hearing before the board 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 19-3687, sec. 5, adopted 3/12/19)
The city secretary 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:
(1) 
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;
(2) 
A legal description of the property; and
(3) 
A description of the hearing.
(Ordinance 19-3687, sec. 5, adopted 3/12/19)
The filing of the notice of public hearing under section 3.09.038 of this division 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 19-3687, sec. 5, adopted 3/12/19)
The board shall conduct the public hearing to determine compliance with the standards set out in this division. 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 division and the time it will take to reasonably perform the work.
(Ordinance 19-3687, sec. 5, adopted 3/12/19)
(a) 
If, after a public hearing, the board finds that a nuisance exists pursuant to this division, the board shall require the owner, lienholder, or mortgagee of the real property, building, structure or premises to within thirty (30) days:
(1) 
Secure the offending building or agricultural structure from unauthorized entry; or
(2) 
Abate the nuisance or repair, remove or demolish the building unless the owner, mortgagee or lienholder establishes at the hearing that the work cannot reasonably be performed within the thirty (30) days allowed. The board 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.
(b) 
If, after the public hearing, a building, structure or premises is found to be in violation of the standards set forth in this division, the board may order that the building, structure, or premises be vacated, secured, repaired, removed, or demolished by the owner within a reasonable time as provided by this section. The board also may order that the occupants be relocated within a reasonable time, at the cost of the owner. The board 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 board may order any of the mortgagees or lienholders of the building, structure, or premises to be vacated, secured, repaired, removed, or demolished to comply with the order within a reasonable time as provided by this section. The board also may order that the occupants be relocated within a reasonable time, 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.
(c) 
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 board 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 board shall require the owner, lienholder or mortgagee to regularly submit progress reports to the board through the building official to demonstrate compliance with time schedules for commencement and performance of the work and may require appearance before the building official, the board, 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 board 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 board 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 board. 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.
(d) 
Within ten (10) days after the date that the order is issued, the city secretary shall:
(1) 
File a copy of the order in the city secretary’s office; and
(2) 
Publish in a newspaper of general circulation in the city a notice containing:
(A) 
The street address or legal description of the property;
(B) 
The date of the hearing;
(C) 
Brief statement indicating the results of the order; and
(D) 
Instructions stating where a complete copy of the order may be obtained.
(e) 
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.
(f) 
If the building, structure or premises 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. 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 (c) of this section.
(Ordinance 19-3687, sec. 5, adopted 3/12/19)
The following standards shall be followed by the board in ordering the repair, vacation or demolition of any building, structure, or premises, and any building, structure, or premises declared a nuisance under this division shall be made to comply with one or more of the following:
(1) 
The building, structure, or premises shall be repaired in accordance with the current building code or other current codes applicable to the type of substandard conditions requiring repair.
(2) 
Repairs shall be deemed feasible only if less than fifty percent (50%) of the building or agricultural structure must be repaired or replaced, and the repairs amount to less than fifty percent (50%) of the building or agricultural structure’s value.
(3) 
If the building or agricultural structure is in such a condition as to make it dangerous to the health, safety and welfare of the occupants, it shall be ordered vacated and secured from unlawful entry.
(4) 
If the building or agricultural structure requires repairs over greater than fifty percent (50%) of its surface or amounting to greater than fifty percent (50%) of its value, it shall be demolished. Further, if a building or agricultural structure cannot be repaired so that it will be brought into compliance with this division, it shall be demolished. Additionally, if the building or agricultural structure as it stands presents an incurable fire hazard in violation of the terms of this division or any ordinance of the city or statute of the state, it shall be demolished. For the purpose of this division, the term “demolished” includes the cleaning and grading of the property and the removal of all debris and trash.
(5) 
If the building or agricultural structure 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 agricultural structure or relocate the occupants at its own expense, and may thereafter assess expenses, and establish a lien against the property, as set forth in section 3.09.048 of this division.
(6) 
If, after the expiration of the time allotted under section 3.09.041 of this division, the owner, lienholder or mortgagee fails to comply, the city may do or cause to be done the repairs necessary to bring the building into compliance with this division and only if the building is a residential building with ten (10) or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds the minimum standards, as defined by this division, and expenses may be assessed as provided in section 3.09.048 of this division.
(Ordinance 19-3687, sec. 5, adopted 3/12/19)
The code enforcement officer, or his designated representative(s), are hereby directed and authorized to administer and enforce the provisions of this division. Nothing contained herein is meant to limit discretion of any enforcement officer in evaluating and directing compliance with this division.
(Ordinance 19-3687, sec. 5, adopted 3/12/19)
The code enforcement officer, or his designated representative(s), acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the code enforcement officer, or his designated representative(s), because of such act or omission performed in the enforcement of any provision of this division, shall be defended by legal counsel provided by the city until final termination of such proceedings.
(Ordinance 19-3687, sec. 5, adopted 3/12/19)
Nothing in this division 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.
(Ordinance 19-3687, sec. 5, adopted 3/12/19)
To enforce any requirement of this division, any enforcement personnel may gain compliance by any or all of the following:
(1) 
Taking such action as the code enforcement officer deems appropriate within the authorization provided for in this division or any other ordinances of the city.
(2) 
Causing appropriate action to be instituted in a court of competent jurisdiction.
(3) 
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.
(4) 
Any other remedies permitted or authorized at law or in equity.
(Ordinance 19-3687, sec. 5, adopted 3/12/19)
Whenever the property owner, agent, or tenant fails to abate the nuisance within the time allowed, the code enforcement officer is hereby authorized to contract with a contractor to perform such work as may be required to abate the nuisance.
(Ordinance 19-3687, sec. 5, adopted 3/12/19)
(a) 
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.
(b) 
An administrative fee as set forth in the master fee schedule shall be assessed for each such charge.
(c) 
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 3.09.041, 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 3.09.041 of this division, the lien is a privileged lien subordinate only to tax liens as authorized by Texas Local Government Code sec. 214.001(o).
(Ordinance 19-3687, sec. 5, adopted 3/12/19; Ordinance 23-3746 adopted 5/23/2023)
(a) 
Any person violating or failing to comply with any provision, requirement or order issued pursuant to this division shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined as provided in section 1.01.009 of this code. A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur.
(b) 
In addition to any other remedies or penalties contained in this section, the city may enforce the provisions of this division pursuant to the applicable provisions of Texas Local Government Code, chapter 54, which chapter provides for the enforcement of municipal ordinances.
(c) 
Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this division.
(Ordinance 19-3687, sec. 5, adopted 3/12/19)
(a) 
Any owner, lienholder, or mortgagee aggrieved by an order of the board issued under this ordinance shall be entitled to appeal the decision to a state district court pursuant to sec. 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 sec. 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 board shall be come final. If applicable, the city shall be entitled to an award of attorney’s fees, costs and expenses, and judgment therefore, pursuant to and as authorized by sec. 214.0012(h) of the Texas Local Government Code.
(b) 
Municipal court proceedings not affected.
Action taken by the city pursuant to this division shall not affect the ability of the city to proceed under the jurisdiction of the city’s municipal court.
(Ordinance 19-3687, sec. 5, adopted 3/12/19)