(a) 
Purpose.
It is the purpose of this article to provide a just, equitable and practical method, to be cumulative with and in addition to any other remedy provided by the construction codes, chapter 214 of the Local Government Code, or otherwise available at law, whereby buildings, as defined herein, which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated, demolished, removed or secured.
(b) 
Scope.
The provisions of this article shall apply to all buildings which are hereinafter defined as dangerous or substandard buildings whether now in existence or whether they may hereafter become dangerous.
(Ordinance 15-12 adopted 11/19/12)
In this article:
Building.
Any building, fence, awning, canopy, shed, garage, house, tent or other structure whatsoever and the enumeration of specific types of structures shall not be deemed to exclude other types of structures to which the sense and meaning of the provisions hereof in context reasonably have application; however, this definition shall not include signs.
Building official.
The chief code enforcement officer for the city.
Court.
The municipal court of record for the city.
Fire chief.
The chief of the fire department or his designee.
Judge.
The judge of the municipal court of record for the city.
(Ordinance 15-12 adopted 11/19/12)
(a) 
Administration.
The building official is hereby authorized to enforce the provisions of this article. The building official shall have the power to render interpretations of this article and to adopt and enforce rules and supplemental regulations in order to clarify the application of its divisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this article.
(b) 
Inspections.
The building official and the fire chief are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this article.
(c) 
Right of entry.
When it is necessary to make an inspection to enforce the provisions of this article, or when the building official has a reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this article which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable time to inspect or perform the duties of this article, provided that, if such building or premises be occupied, credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.
(d) 
Abatement of dangerous or substandard buildings.
All buildings or portions thereof which are determined after inspection by the building official to be dangerous or substandard as defined by this article are hereby declared to be public nuisances and shall be abated by repair, vacation, demolition, removal or securing in accordance with the provisions of this article.
(e) 
Unlawful to violate article.
It shall be unlawful for any person, firm or corporation to erect, construct, or use, occupy or maintain any building or cause or permit the same to be done in violation of this article.
(f) 
Inspection authorized.
All buildings within the scope of this article and all construction or work for which a permit is required shall be subject to inspection by the building official.
(Ordinance 15-12 adopted 11/19/12)
For the purposes of this article, any building, regardless of the date of its construction, which is in violation of the requirements of any section of the Property Maintenance Code to the extent that the life, limb, health, property, safety, or welfare of the public or occupants thereof are endangered shall be deemed a substandard building.
(Ordinance 15-12 adopted 11/19/12)
When the building official has inspected any building and has found and determined that the building is substandard, the building official may take any or all of the following actions, as the building official deems appropriate:
(1) 
Issue notice to the record owner that the building is substandard and must be repaired, removed or demolished;
(2) 
Issue citation(s) for violation(s) of this code;
(3) 
Secure the building if permitted by this code;
(4) 
Recommend to the municipal court that abatement proceedings be commenced pursuant to this article.
(Ordinance 15-12 adopted 11/19/12)
(a) 
Commencement of proceedings.
When the building official has found and determined that a building is a substandard building, the building official may commence proceedings to cause the repair, vacation, relocation of occupants, removal, demolition or securing of the building.
(b) 
Public hearing to be held.
Except when the building official finds that a building is likely to immediately endanger persons or property, a public hearing before the municipal court shall be held to determine whether a building complies with the standards set out in the Property Maintenance Code. If the building official determines in accordance with section 109.1 of the Property Maintenance Code that the building constitutes an immediate danger, the procedures set forth in that section shall be followed.
(c) 
Notice.
Notice shall be served to the owner of the property by personal delivery or by certified mail, and shall contain all of the following:
(1) 
The name and address of the owner;
(2) 
The street address or legal description sufficient for identification of the premises upon which the building is located;
(3) 
A statement that the building official has found the building to be substandard or dangerous, with a brief and concise description of the conditions found to render the building dangerous or substandard under the Property Maintenance Code;
(4) 
A statement that the owner, lienholder, or mortgagee 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 reasonably take to complete the work;
(5) 
Notice of time and place of the public hearing; and
(6) 
A statement that if the building is found to be in violation of the Property Maintenance Code, the court may order that the building be vacated, secured, repaired, removed or demolished within a reasonable time.
(d) 
Additional notice of public hearing.
Prior to the public hearing, the city may file a copy of the notice mailed pursuant to subsection (c) of this section in the official public records of the county in which the property is located. If such notice is not filed of record, each identified mortgagee and lienholder must be notified of any abatement order issued by the judge at the public hearing, prior to any remedial action by the city.
(e) 
Burden of proof.
At the public hearing, the owner, lienholder or mortgagee has 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.
(f) 
Conduct of public hearing.
At the public hearing, the owner of the building and all other interested persons may make their appearance and be heard. Any evidence may be received and considered by the judge. The judge shall preside and shall determine all questions of order. The hearing may be adjourned from day to day or continued within the discretion of the judge.
(Ordinance 15-12 adopted 11/19/12)
(a) 
Findings of the judge.
If the judge finds upon evidence presented at the public hearing that the building is in violation of standards set out in the Property Maintenance Code, the judge may order that the building be repaired, vacated, removed, demolished, or secured in accordance with this article, the Property Maintenance Code, and article 21.02 of this code, or that the occupants be relocated by the owner, mortgagee or lienholder within a reasonable time as provided herein.
(b) 
Time allowed to complete work.
(1) 
The order must require the owner, lienholder or mortgagee of the building to do either or both of the following within thirty (30) days;
(A) 
Secure the building from unauthorized entry; and/or
(B) 
Repair, remove or demolish the building unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within thirty (30) days.
(2) 
If the judge allows the owner, lienholder or mortgagee more than thirty (30) days to repair, remove or demolish the building, the judge 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 if occupied or secure the property in accordance with appendix A of the Property Maintenance Code if unoccupied while the work is being performed.
(3) 
The judge may not allow the owner, lienholder, or mortgagee more than ninety (90) days to repair, remove or demolish the building or fully perform all work required to comply with the order unless the owner, lienholder, or mortgagee does both of the following:
(A) 
Submits, at the hearing, a detailed plan and time schedule for work; and
(B) 
Establishes at the hearing, that the work cannot reasonably be completed within ninety (90) days because of the scope and complexity of the work.
(4) 
If the judge allows the owner, lienholder or mortgagee more than ninety (90) days to complete any part of the work required to repair, remove or demolish the building, the judge shall require the owner, lienholder or mortgagee regularly to submit progress reports to the building official to demonstrate that the owner, lienholder or mortgagee has complied with the time schedules established for commencement and performance of work. The order may require that the owner, lienholder or mortgagee appear before the judge or the building official to demonstrate compliance with the time schedules.
(c) 
Contents of order.
The order of the judge must contain, at a minimum, all of the following:
(1) 
An identification, which is not required to be a legal description, of the building and the property on which it is located;
(2) 
A description of the violation of minimum standards present in the building;
(3) 
A description of the ordered actions, including a statement that the owner may repair, if feasible, or demolish or remove at his option;
(4) 
A statement that the city will vacate, secure, remove or demolish the building or relocate the occupants of the building if the ordered action is not taken within the time allowed, and charge the cost to the property; and
(5) 
If the judge has determined that the building will endanger persons or property, or if the building is a dwelling with ten (10) or fewer dwelling units, a statement that the city may repair the building and charge the costs to the property if the ordered action is not taken within the time allowed.
(Ordinance 15-12 adopted 11/19/12)
(a) 
Order shall be mailed.
After the public hearing, the municipal court clerk shall promptly mail, by certified mail, return receipt requested, a copy of the order to the record owner of the building, and each identified lienholder and mortgagee of the building.
(b) 
Order shall be filed with city secretary.
Within ten (10) days after the date that the order is issued by the judge, the building official shall file a copy of the order in the office of the city secretary.
(c) 
Order shall be published.
Within ten (10) days after the date the order is issued by the judge, the building official shall publish in a newspaper of general circulation within the city a notice stating all of the following:
(1) 
The street address or legal description of the property;
(2) 
The date the hearing was held;
(3) 
A brief statement indicating the results of the order; and
(4) 
Instructions stating where a complete copy of the order may be obtained.
(Ordinance 15-12 adopted 11/19/12)
(a) 
If order not complied with, city may take action.
If the building is not vacated, secured, repaired, removed, or demolished within the time specified by the order, the city may vacate, secure, repair, remove, or demolish the building or relocate the occupants at its own expense, provided however:
(1) 
The city may not act to remove or demolish a building until after the judge has found either of the following:
(A) 
That such defects or conditions exist to the extent that the life, health, property or safety of the public or the occupants of the building are endangered and the building is infeasible to repair; or
(B) 
There is no reasonable probability that the building will be repaired within a reasonable period of time if additional time is given.
(2) 
The city may only repair a building as provided herein to the extent necessary to correct the conditions which render the building dangerous, and may not act to repair a building unless both apply:
(A) 
The judge made a determination that the building is likely to endanger persons or property; and
(B) 
The building is a residential dwelling with ten (10) or fewer units.
(b) 
Posting of notice to vacate building.
If the order requires vacation or if compliance is not had with the order within the time specified therein, the building official is authorized to require that the building be vacated. Notice to vacate shall be mailed by certified mail, return receipt requested, to the occupant of the building and it shall be posted at or upon each entrance to the building and shall be in substantially the following form:
“SUBSTANDARD BUILDING
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building or to remove or deface this notice.
________________________________
Building Official
City of Seagoville”
(c) 
Remedial action by city.
Any repair or demolition work, or securing of the building, shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided. Any surplus realized from the sale of such building, or from the demolition thereof, over and above the cost of demolition and cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto.
(d) 
Failure to obey order.
Any person to whom an order pursuant to section 21.03.007 is directed who fails, neglects or refuses to comply with such order shall be guilty of a misdemeanor and may be prosecuted in the municipal court in addition to any other remedies available to the city provided herein.
(e) 
Interference prohibited.
No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city or with any person who owns or holds any estate or interest in the building which has been ordered repaired, vacated, demolished, removed or secured under the provisions of this article, whenever such officer, employee, contractor or authorized representative of the city, person having an interest or estate in such building, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing, removing, or securing any such building pursuant to the provision of this article, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this article.
(f) 
Permit required.
Any work of closure, repair, removal or demolition by the property owner or any lienholder or mortgagee or their agents must be performed pursuant to valid unexpired permits issued by the city. All permits issued pursuant to an order of the judge shall expire upon expiration of the time for compliance set forth in the order.
(Ordinance 15-12 adopted 11/19/12)
(a) 
Procedure.
When any work of repair, removal, demolition or securing is to be performed by the city pursuant to the provisions of any order of the judge, the work may be accomplished by city personnel or by private contract as may be deemed necessary.
(b) 
Costs.
The cost of such work shall be paid from city funds and shall constitute a special assessment and a lien against such property to secure payment thereof, together with ten (10) percent interest per annum on such amount from the date on which the work is performed; however, no lien shall be placed upon such property where work was performed and the property is a homestead protected by the Texas Constitution.
(c) 
Repair to minimum standards only.
The city may repair the building at its own expense on the land on which the building stands or is attached to only to the extent necessary to bring the building into compliance with minimum standards.
(Ordinance 15-12 adopted 11/19/12)
(a) 
Itemized account and notice of lien.
The building official shall keep an itemized account of the expenses incurred by the city in the securing, repair, removal or demolition of any building pursuant to this article. Upon completion of the work, the building official shall prepare and file with the city secretary a sworn account and notice of lien containing all of the following information:
(1) 
The name and address of the owner if that information can be determined with a reasonable effort;
(2) 
A legal description of the real property on which the building is or was located;
(3) 
The type of work performed; and
(4) 
The amount of expenses incurred by the city in performing the work and the balance due.
(b) 
Notice filed in county records.
The city secretary shall file the notice of lien along with a copy of the order of abatement issued by the judge in the deed of records of the county in which the premises are located.
(c) 
Personal obligation of property owner.
The expenses incurred by the city as set forth in the sworn account of the building official shall be a personal obligation of the property owner in addition to a priority lien upon the property. The city attorney may bring an action in any court of proper jurisdiction against the owner or property to recover the costs incurred by the city.
(d) 
Lien shall be valid and privileged.
Upon filing of the notice of lien in the deed records of the county in which the property is located, the lien shall be valid against the property so assessed. The lien shall be privileged and subordinate only to tax liens, existing special assessment liens, and shall be paramount to all other liens. The lien shall continue until the assessment and all interest due and payable thereon has been paid.
(e) 
Assessment must be paid.
No utility service, building permit or certificate of occupancy shall be allowed on any such property until the assessment is paid and such lien is released by the city.
(f) 
Release of lien.
After the expenses incurred by the city, as set forth in the sworn account of the building official, have been fully paid with interest of ten (10) percent per annum from the date the work was performed, the building official shall execute a release lien which shall be filed in the deed records of the county in which the property is located.
(Ordinance 15-12 adopted 11/19/12)
(a) 
Civil penalty authorized.
In addition to any other enforcement authority provided by law, the judge may, by order, at an administrative hearing, assess a civil penalty against a property owner as provided for herein for failure to comply with an order issued by the judge.
(b) 
Showing required.
The civil penalty may be assessed if shown at the administrative hearing that both of the following apply:
(1) 
The property owner was notified of the contents of the order issued pursuant to section 21.03.007; and
(2) 
The property owner committed an act in violation of the order or failed to take an action necessary for compliance with the order.
(c) 
Amount of penalty.
The civil penalty may be assessed in an amount not to exceed one thousand dollars ($1,000.00) per day for each violation or, if the owner shows that the property is the owner’s lawful homestead, in an amount not to exceed ten dollars ($10.00) per day for each violation.
(d) 
Notice of administrative hearing.
Not less than ten (10) days prior to the date on which the administrative hearing is set, the property owner shall be sent a notice of the hearing by certified mail, return receipt requested. The notice shall contain all of the following:
(1) 
A copy of the order issued by the judge pursuant to section 21.03.007;
(2) 
A statement that the building official has determined that the property owner committed an act in violation of that order, or failed to take an action necessary for compliance with that order;
(3) 
A statement that at the administrative hearing the judge may assess a civil penalty not to exceed one thousand dollars ($1,000.00) per day for each violation or, if the owner shows that the property is the owner’s lawful homestead, in an amount not to exceed ten dollars ($10.00) per day for each violation; and
(4) 
Notice of the time and place of the hearing.
(e) 
Copy of order filed with district clerk.
After the civil penalty is assessed, the city secretary shall file with the district clerk of the county in which the property is located a certified copy of the order assessing the civil penalty stating the amount and duration of the penalty.
(f) 
Enforcement.
The civil penalty may be enforced by the city in a suit brought by the city in a court of competent jurisdiction for a final judgment in accordance with the assessed penalty. A civil penalty under this section is final and binding and constitutes prima facie evidence of the penalty in any suit.
(Ordinance 15-12 adopted 11/19/12)
Notwithstanding all other provisions of this article, nothing herein shall be deemed a limitation on the duty of the city to summarily order the demolition of any building or structure where it is apparent that the immediate demolition of such building or structure is necessary to the protection of life, property or general welfare of the people in the city.
(Ordinance 15-12 adopted 11/19/12)
Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined not more than two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 15-12 adopted 11/19/12)