[1]
Editor’s note–Former sections 8.06.005–8.06.007 pertaining to conditions causing loss of value to adjacent property; accumulations of refuse, vegetation, etc.; and weeds and brush and deriving from sections 92.58–92.60 of the 2004 Code, were repealed and deleted in their entirety by Ordinance 2011-44 adopted by the city on 12/12/11. These provisions can now be found in article 6.02.
Any person violating or failing to comply with any provision
of this article shall be fined, upon conviction, in an amount not
more than $500.00; providing, however, where a different penalty has
been established by state law for the offense the penalty shall be
that fixed by state law, and for any offense which is a violation
of law that governs fire safety, zoning or public health and sanitation,
including the dumping of refuse, the penalty shall be a fine not to
exceed the sum of $2,000.00 for each offense, and separate offenses
shall be deemed committed each day during or on which a violation
occurs or continues.
(2004 Code, sec. 92.99(E))
The city council, having heretofore implemented Tex. Loc. Gov’t
Code, chapter 54, subch. C, hereby adopts this article applicable
to the following:
(1)
The
preservation of public safety relating to the materials or methods
used to construct a building or improvement, including the foundation,
structural elements, electrical wiring or apparatus, plumbing and
fixtures, entrances or exits;
(2)
The
fire safety of a building or improvement, including provisions relating
to materials, types of construction or design, warning devices, sprinklers
or other fire suppression devices, availability of water supply for
extinguishing fires, or location, design or width of entrances or
exits;
(3)
Relating
to dangerously damaged or deteriorated buildings or improvements;
and
(4)
Relating
to conditions caused by accumulation of refuse, vegetation or other
matter that creates breeding and living places for insects and rodents.
(2004 Code, sec. 92.55)
(a)
It
shall be unlawful for any person owning, claiming, occupying or having
supervision or control of any real property, occupied or unoccupied,
within the corporate limits of the city, to create or permit to continue
on the property a condition that is a safety or health hazard as a
result of constructing or maintaining on the property a building or
improvement, including the foundation, structural elements, electrical
wiring or apparatus, plumbing and fixtures, entrances or exits, that
is not in compliance with the building, plumbing, electrical, fire
or other codes adopted by the city.
(b)
It
shall be unlawful for any person owning, claiming, occupying or having
supervision or control of any real property, building or improvement,
occupied or unoccupied, within the corporate limits of the city, to
create or permit to continue on the property a condition that is a
safety or health hazard as a result of a violation of the fire code
of the city, including defective or inoperable warning devices, sprinklers
or other fire suppression devices.
(2004 Code, sec. 92.56)
(a)
It
shall be unlawful for any person owning, claiming, occupying or having
supervision or control of any real property, occupied or unoccupied,
within the corporate limits of the city, to construct or maintain
on the property a building or improvement that is so deteriorated
that it has become a dangerous building.
(b)
Dangerous building.
(1)
(2)
(3)
(4)
(5)
For
the purpose of this section, the following definition shall apply,
unless the context clearly indicates or requires a different meaning:
Any building or improvement that has become so deteriorated
that it:
Is a safety or health hazard to persons who may enter or come
near or be in contact with the structure;
Is a safety or health hazard by reason of being open to or easily
accessible to vagrants, children and other unauthorized persons;
Creates an attractive nuisance for children where they may encounter
health or safety hazards;
Creates a breeding and living place for insects and rodents;
or
Contains accumulations of refuse, vegetation or other matter
that create a breeding and living place for insects and rodents or
other safety or health hazards to persons.
(2004 Code, sec. 92.57)
