(a) The provisions in this article shall supersede and control over article
3-2 of this chapter (building code) and the International Building Code as now adopted or as hereafter amended, to the extent of any conflict.
(b) The
city invokes its authority to abate nuisances as a home rule city
and under section 214.001 et seq., Texas Local Government Code, as
now adopted or as hereafter amended.
(c) Buildings within the terms of subsection
(d) of this section shall be considered “dangerous buildings” and are hereby declared a nuisance.
(d) The
city may require the vacation, securing, repair, removal or demolition
of a building that is:
(1) Dilapidated, substandard or unfit for human habitation and a hazard
to public health, safety and welfare;
(2) Regardless of its structural condition, unoccupied by its owner,
lessees or other invitees and is unsecured from unauthorized entry
to the extent that it could be entered or used by vagrants or other
uninvited persons as a place of harborage or could be entered or used
by children;
(3) Boarded up, fenced or otherwise secured in any manner if:
(A) The building constitutes a danger to the public even though secured
from entry; or
(B) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described in subsection
(2) above; or
(4) Regardless of the date of its construction, does not meet the following
safety standards:
(A) Any building that is uninhabitable, untenable and unsightly due to
obsolescence and deterioration caused by neglect, vandalism, fire
damage, old age or the elements as evidenced by such conditions as
roof, ceiling, floors, sills or foundations or any combination thereof
being decayed or falling apart;
(B) Any building in danger of falling and injuring persons or property;
(C) Any building which is a fire menace because of its dilapidated condition as described in subsections
(A) and
(B), or for other reasons;
(D) Any building which is damp and in an unsanitary condition and is likely to create disease and sickness because of being in a dilapidated condition as described in subsections
(A) and
(B), or for other reasons; or
(E) Any building which is open or insufficiently secured to prevent entry
by children, vagrants or criminals or constitutes an attractive nuisance
to children.
(e) The
term “building” shall include a structure of any kind
or part thereof.
(Ordinance 2004-04, sec. 1, adopted 1/27/04; 1957 Code, sec. 4A-60; Ordinance 2016-38, sec. 1, adopted 10/25/16)
The board of survey as previously established shall continue
as follows:
(1) Organization.
The board of survey shall consist of five (5) members and two
(2) alternate members, who shall be appointed by the city council.
Their terms shall be two-year terms but shall be staggered so that
no more than four (4) of said members’ terms shall expire at
any one (1) time. A quorum shall consist of three (3) members. (The
initial term may be less for three (3) members to permit the staggered
terms.)
(2) Rules.
The board of survey shall set its own procedural rules for the
hearing of cases.
(3) Function;
orders.
(A) The function of the board of survey is to determine what action should
be taken regarding buildings which the dangerous building official
has classified as not meeting the safety standards of the city and
which the owners, mortgagees or lienholders have failed or refused
to remove or repair.
(B) The board of survey, after notice and hearing, is authorized to order
the securing, repair, removal or demolition of a building that does
not meet certain safety standards and is:
(i) Dilapidated, substandard or unfit for human habitation; and
(ii) A hazard to the public health, safety and welfare.
(C) The order of the board of survey issued by the dangerous building
official may specify a reasonable time for the building to be vacated,
secured, repaired, removed or demolished by the owner and an additional
reasonable time for the ordered action to be taken by any of the mortgagees
or lienholders in the event the owner fails to comply with the order
of the board of survey within the time provided for action by the
owner.
(D) Within ten (10) days after the date that the order is issued, the
city shall:
(i) File a copy of the order of the board of survey in the office of
the city secretary; and
(ii) Publish in a newspaper of general circulation a notice containing:
a. The street address or legal description of the property;
c. A brief statement indicating the results of the order of the board
of survey; and
d. Instructions stating where a complete copy of the order of the board
of survey may be obtained.
(E) After the hearing, the owner of the building and any lienholder or
mortgagee of the building shall be promptly mailed by certified mail,
return receipt requested, or personally delivered, a copy of the order
of the board of survey. The city shall use its best efforts to determine
the identity and address of any owner, lienholder, or mortgagee of
the building.
(Ordinance 2004-04, sec. 1, adopted 1/27/04; Ordinance 2006-07, sec. 1, adopted 2/14/06; 1957
Code, sec. 4A-61)
The city manager shall designate a person to be the dangerous
building official, who shall perform the duties and responsibilities
listed in this article. The dangerous building official may delegate
such duties to other employees in the department who have been employed
by the city for such purpose, except with regard to obtaining a search
warrant pursuant to article 18.05 of the Code of Criminal Procedure,
and shall work with the building official to determine the structural
integrity and code deficiencies of questionable structures.
(Ordinance 2004-04, sec. 1, adopted 1/27/04; 1957 Code, sec. 4A-62)
The dangerous building official shall inspect any unoccupied
building that is suspected of not meeting safety standards and shall
perform the following duties:
(1) Obtain
and consider the following information:
(A) The approximate age and general condition of the premises;
(B) Previous violations or hazards found present in the premises;
(D) The purpose for which the premises are used or last known use; and
(E) The presence of hazards or violations in and the general condition
of the premises near the premises to be inspected;
and determine if the building is unsafe and does not meet the
described safety standards and should be boarded up and/or reported
to the board of survey and notice issued;
|
(2) Verify
ownership and property description by such sources as the county real
property records of the county in which the building is located, the
tax rolls, utility rolls, the appraisal district records of the appraisal
district in which the building is located, records of the secretary
of state, assumed name records of the county in which the building
is located and any other reasonable and available sources of information;
(3) Inspect
the property and generally report any items that violate the safety
standards;
(5) Determine
if there is any personal property in the building and if it has any
value or not (“value” means that it would sell for a price
that is over and above the cost of collecting, transporting, storing
and selling at a city auction and administering such property pursuant
to this article);
(6) Obtain
inspections by police, fire and health officials, except for board-up
only;
(7) If
the dangerous building official finds that the utilities serving the
property are hazardous, he may order that they be disconnected;
(8) Prepare
a notice and report to the board of survey and to the city council
in case of an appeal;
(9) Obtain
necessary search warrants when there is probable cause pursuant to
article 18.05, Code of Criminal Procedure;
(10) After
consultation with the building official or health department representative,
determine if unsafe conditions should be abated by removing the structure.
(Ordinance 2004-04, sec. 1, adopted 1/27/04; 1957 Code, sec. 4A-63)
Before the public hearing, the dangerous building official shall
provide notice as herein provided, but shall not be responsible for
actual notice, to the owner and any mortgagee or lienholder of a building
that does not meet the safety standards.
(1) The
dangerous building official shall make a diligent effort to discover
the identity and address of any owner, mortgagee and lienholder before
conducting the public hearing and shall give them notice of, and an
opportunity to comment at, the hearing.
(2) The
dangerous building official will have made a diligent effort to discover
the identity and address of any owner, mortgagee and lienholder by
using such sources as:
(A) The county real property records of the county in which the building
is located;
(D) The appraisal district records of the appraisal district in which
the building is located;
(E) Records of the secretary of state;
(F) Assumed name records of the county in which the building is located;
and
(G) Any other reasonable and available sources of information.
(3) The
dangerous building official shall post a notice at least fourteen
(14) days prior to the hearing before the board of survey to all unknown
owners on the front door or in the proximity of the front door of
the building;
(4) The
dangerous building official shall mail a notice to any known owners,
mortgagees and lienholders at their last known address by certified
mail, return receipt requested, or by delivery by the United States
Post Service using signature confirmation service, which notice shall
be mailed at least fourteen (14) days prior to the hearing before
the board of survey;
(5) The
notice of the hearing must contain the following information:
(A) The name and address of the owner of the affected property, if the
information can be determined.
(B) 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 take to
reasonably perform the work.
(C) A legal description of the building and affected property.
(D) The date, time and place for the public hearing before the board
of survey.
(6) The
city shall file notice of the hearing in the official public records
of real property in the county in which the property is located. The
notice must contain:
(A) The name and address of the owner of the affected property if that
information can be determined;
(B) A legal description of the affected property; and
(C) A description of the hearing.
The filing of the notice is binding on subsequent grantees,
lienholders or other transferees of an 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.
|
(7) When
a notice is mailed in accordance with this section 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.
(8) After
the public hearing, if a building is found in violation of the standards
set out in this article, the city shall:
(A) Promptly mail by certified mail, return receipt requested, or personal
delivery, a copy of the order to the owner of the building and any
lienholder or mortgagee of the building.
(B) The order may specify the following information:
(i) A description of the violation of municipal safety standards that
are present at the building, such as dilapidated, unsanitary, fire
menace, open;
(ii) A statement that the city will secure or remove the building if the
ordered action is not taken within thirty (30) days by the owner or
within forty-five (45) days by any known lienholder or mortgagee after
the hearing of the board of survey or the city council if appealed;
(iii)
That, in the event of demolition, the owner within thirty (30)
days after the hearing, and any known lienholder or mortgagee within
forty-five (45) days after the hearing, shall be responsible for removing
from the building any personal property, fixtures or other property
of value;
(iv) That, if the owner fails to remove any personal property, fixtures
or other property in the building, the dangerous building official
shall dispose of such personal property pursuant to this article.
(C) Within ten (10) days after the date the order of the board of survey
is issued:
(i) File a copy of the order of the board of survey in the office of
the city secretary; and
(ii) Publish in a newspaper of general circulation a notice containing:
a. The street address or legal description of the property;
c. A brief statement indicating the results of the order; and
d. Instructions where a complete copy of the order may be obtained.
(Ordinance 2004-04, sec. 1, adopted 1/27/04; Ordinance 2006-07, sec. 1, adopted 2/14/06; 1957
Code, sec. 4A-64; Ordinance 2008-37, sec. 11, adopted 9/9/08)
Personal property located in a building to be demolished shall
be administered in the following way:
(1) The
owner within thirty (30) days after the hearing and any known lienholder
or mortgagee within forty-five (45) days after the hearing shall be
responsible for removing from the building any personal property;
(2) If
personal property is not removed by the owner and/or any known lienholder
or mortgagee from the building, the dangerous building official shall
dispose of the same pursuant to this article;
(3) The
dangerous building official may make a determination regarding the
value of the personal property, and the dangerous building official’s
determination shall be conclusive and binding on all interested parties;
(4) Any
property that in the opinion of the dangerous building official would
not be of sufficient value to offset the cost of removing, transporting,
storing and selling at a city auction shall not be removed from the
building at the time of demolition and shall be demolished within
the building;
(5) Any
personal property that is considered by the dangerous building official
to have sufficient value shall be removed and offered to the public
for sale, and the consideration received shall be used to reimburse
the city for the cost of demolition and the cost of transporting,
storing and selling such personal property;
(6) In
the event that the property is offered for sale to the public and
the property does not sell for more than the costs incurred by the
city, it may be disposed of in any manner authorized by the city council;
(7) In
the event that the property is sold for an amount in excess of the
cost of abating the nuisance, the dangerous building official shall
prepare and file a report and mail a notice to any known owner, mortgagee
or lienholder and advise that such amount shall be paid to such owner,
known mortgagee or lienholder on receipt of a written request for
payment within one (1) year of the date the notice is mailed.
(Ordinance 2004-04, sec. 1, adopted 1/27/04; 1957 Code, sec. 4A-65)
In the event that there are materials or fixtures in a building
that are of sufficient value to reimburse the city for its costs,
the dangerous building official is authorized but not required to
salvage and dispose of such materials, in the same manner as authorized
for the disposition of personal property located in a building to
be demolished.
(Ordinance 2004-04, sec. 1, adopted 1/27/04; 1957 Code, sec. 4A-66)
If a building is not vacated, secured, repaired, removed or
demolished, the municipality may vacate, secure, remove or demolish
the building at its own expense. This section does not limit the city’s
ability to collect on a bond or other financial guarantee. If the
city incurs expenses on commercial property (includes residential
or [of] more than four (4) units) the city may assess the expenses
on and the municipality has a lien against, unless it is a homestead
as protected by the Texas Constitution, the property on which the
building was located. The lien is extinguished if the property owner
or another person having an interest in the legal title to the property
reimburses the municipality for the expenses. The 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 in the county in which
the property is located. The notice must contain the name and address
of the owner if that information can be determined with a reasonable
effort, a legal description of the real property on which the building
was located, the amount of expenses incurred by the municipality 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
lienholder, the lien is a privileged lien subordinate only to tax
liens.
(Ordinance 2004-04, sec. 1, adopted 1/27/04; 1957 Code, sec. 4A-67)
(a) Subject
to judicial review by a municipal court judge or the filing of a verified
petition in district court pursuant to section 214.0012 of the Local
Government Code, the findings of the board of survey shall be final;
and the findings of the board of survey shall be kept by the dangerous
building official and sent to the owner and any known mortgagee or
lienholder or their representative and shall be binding on all parties
in interest.
(b) The
municipality is not required to furnish any notice to a mortgagee
or lienholder other than a copy of the order of the board of survey
in the event the owner fails to timely take the ordered action.
(c) The
action to be taken shall be reasonably related to the conditions that
exist and the nuisance to be abated.
(d) The
board and any reviewing judge, in the event of an appeal, shall be
authorized to vary and make exceptions to the provisions of this article
in the event of hardship or other conditions.
(Ordinance 2004-04, sec. 1, adopted 1/27/04; Ordinance 2006-07, sec. 1, adopted 2/14/06; 1957
Code, sec. 4A-68; Ordinance 2012-63 adopted 11/13/12)
(a) In
the event that the owner, mortgagee or lienholder fails to abate the
nuisance prior to the hearing, the board of survey shall conduct a
public hearing at the time and place stated in the notice to determine
whether the building complies with the safety standards because of
one (1) or more of the stated conditions. In the event that the building
is found not to be in compliance, the board of survey shall determine
the appropriate action to take to abate the nuisance and whether the
same shall be secured, demolished or removed. The owner, mortgagee
and lienholder shall have the right to appear at such hearing and
present evidence concerning the condition of the building in question.
(b) In
a public hearing to determine whether a building complies with the
standards set out in an ordinance, the owner, lienholder or mortgagee
has the burden of proof to demonstrate the scope of any work that
may be required to comply with the ordinance and the time it will
take to reasonably perform the work.
(c) If
found in violation, the owner, lienholder or mortgagee of the building
shall (consistent with the order of the board of survey) within thirty
(30) days:
(1) Secure the building from unauthorized entry; or
(2) 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.
(d) If
the owner, lienholder, or mortgagee is allowed more than thirty (30)
days to repair, remove, or demolish the building, specific time schedules
shall be established for the commencement and performance of the work
and the owner, lienholder or mortgagee is required to secure the property
in a reasonable manner from unauthorized entry while the work is being
performed, as determined by the dangerous building [official].
(e) The
owner, lienholder or mortgagee may not be allowed more than ninety
(90) days to repair, remove, or demolish the building or fully perform
all work required to comply with the order of the board of survey
unless the owner, lienholder or mortgagee:
(1) Submits a detailed plan and time schedule for the work at the hearing;
and
(2) Establishes at the hearing that the work cannot reasonably be completed
within ninety (90) days because of the scope and complexity of the
work.
(f) If
the owner, lienholder or mortgagee is allowed more than ninety (90)
days to complete any part of the work required to repair, remove or
demolish the building, the owner, lienholder or mortgagee shall be
required to regularly submit progress reports to the city to demonstrate
compliance with the time schedules established for commencement and
performance of the work. The owner, lienholder or mortgagee shall
be required to appear before the dangerous building official or the
dangerous building official’s designee to demonstrate compliance
with the time schedules. If the owner, lienholder or mortgagee owns
property, including structures or improvements on property, within
the municipal boundaries that exceeds one hundred thousand dollars
($100,000.00) in total value, the owner, lienholder or mortgagee may
be required to post a cash or surety bond in an amount adequate to
cover the cost of repairing, removing or demolishing a building with
the building official.
(g) In
lieu of a bond, the owner, lienholder or mortgagee may be required
to provide a letter of credit from a financial institution or guarantee
from a third party approved by the municipality. If so required, the
bond must be posted, or the letter of credit or third party guarantee
provided, not later than the 30th day after the date the order of
the board of survey is issued.
(Ordinance 2004-04, sec. 1, adopted 1/27/04; Ordinance 2006-07, sec. 1, adopted 2/14/06; 1957
Code, sec. 4A-69)
In the event the board of survey orders the removal or demolition
of a structure and there is an appeal filed by the owner, lienholder
or mortgagee within the prescribed period there shall be a judicial
review of the affirmative finding pursuant to the following rules:
(1) De
novo review.
An affirmative finding of the board of survey
shall be reviewed de novo by a judge of the municipal court of the
city.
(2) Right
to appear.
Any person aggrieved by the decision shall
have the right to make an oral argument at the judicial review. The
oral argument, if any, the record of proceedings of the board and
the written findings and decisions of the board shall be reviewed
and considered during the judicial review.
(3) Action.
The municipal court judge, after a de novo review, shall approve
the findings of the board of survey, adopt a new order, or dismiss
the case.
(4) Effect
of judicial review.
During the judicial review, all proceedings
shall be stayed until the judge renders a decision.
(Ordinance 2004-04, sec. 1, adopted 1/27/04; 1957 Code, sec. 4A-70; Ordinance 2012-63 adopted 11/13/12)
(a) The
dangerous building official shall authorize any building to be secured,
regardless of the date of its construction, that he determines:
(1) Violates the safety standards;
(2) Is unoccupied or is occupied only by persons who do not have a right
of possession to the building.
(b) Before
the 11th day after the date the building is secured, notice shall
be given to the owner by:
(1) Personally serving the owner with written notice;
(2) Depositing the notice in the United States mail addressed to the
owner at the owner’s post office address;
(3) Posting the notice on or near the front door of the building if personal
service cannot be obtained and the owner’s post office address
is unknown; or
(4) Publishing the notice at least twice within a ten-day period in a
newspaper of general circulation in the county in which the building
is located.
(c) The
notice must contain:
(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 the municipal standards that is
present at the building;
(3) A statement that the municipality will secure or has secured, as
the case may be, the building; and
(4) An explanation of the owner’s entitlement to request a hearing
about any matter relating to the municipality’s securing of
the building.
(d) The
assistant city manager, or his/her designee, shall conduct a hearing
at which the owner may testify or present witnesses or written information
about any matter relating to the municipality’s securing of
the building, if, within thirty (30) days after the date the municipality
secures the building, the owner files with the assistant city manager
a written request for the hearing. The assistant city manager, or
his/her designee, shall conduct the hearing within twenty (20) days
after the date the request is filed.
(e) If
the city secures a building that does not meet the safety standards,
it may do so at its own expense. If the city incurs expenses, the
city may assess the expenses on, and the city has a lien against,
unless it is a homestead as protected by the Texas Constitution, the
property on which the building is located. The lien is extinguished
if the property owner or another person having an interest in the
legal title to the property reimburses the municipality for the expenses.
The 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
in the county in which the property is located. The notice must contain
the name and address of the owner if that information can be determined
with a reasonable effort, a legal description of the real property
on which the building was located, the amount of the expenses incurred
by the municipality 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 lienholder, the lien is a privileged lien subordinate
only to tax liens.
(Ordinance 2004-04, sec. 1, adopted 1/27/04; 1957 Code, sec. 4A-71)
(a) An
occupied building that does not comply with the safety standards and,
because of its dilapidated conditions, is in danger of falling and
injuring a person or is a fire menace or is unsanitary and could cause
disease and sickness, is hereby declared a nuisance.
(b) Upon receiving notice of a building within the terms of subsection
(a) of this section, the building official shall inspect the property as outlined in section
3-10-4, provide notice as outlined in section
3-10-5 and proceed to abate the nuisance generally as prescribed for unoccupied unsafe structures with the following additional authority:
(1) The city shall also have the authority to order the building to be
vacated or repaired, or that the occupants be relocated, by the owner,
mortgagee or lienholder within a reasonable time.
(2) Upon refusal or neglect of the owner, mortgagee or lienholder to
comply with a final findings of the board of survey or the city council,
the city attorney shall be advised of all facts and shall institute
the appropriate action to compel compliance.
(Ordinance 2004-04, sec. 1, adopted 1/27/04; 1957 Code, sec. 4A-72; Ordinance 2016-38, sec. 2, adopted 10/25/16)
(a) Vacating
structures.
When, in the opinion of the building official,
there is actual and immediate danger of failure or collapse of a building
or structure or any part thereof which would endanger life, or when
any structure or part of a structure has fallen and life is endangered
by the occupation of the building or structure, or when there are
unsafe conditions with regard to electrical or plumbing structures
of the building, or other reasons, the building official is hereby
authorized and empowered to order and require the inmates and occupants
to vacate the same forthwith. The building official shall cause to
be posted at each entrance to such building a notice reading as follows:
This Structure is Unsafe and its Use or Occupancy has been Prohibited
by the Building Official. It shall be unlawful for any person to enter
such building or structure except for the purposes of making the required
repairs or of demolishing the same.
(b) Emergency
board-up/demolition.
When, in the opinion of the building
official, there is actual and immediate danger of collapse or failure
of a building or structure or any part thereof which would endanger
life, or when there are unsafe conditions with regard to electrical
or plumbing structures of the building, the building official shall
cause the necessary work to be done to render such building or structure
or part thereof temporarily safe or authorize the demolition of such
building or structure or part thereof whether or not the legal procedure
herein described has been instituted.
(c) Closing
of adjacent streets or buildings.
When necessary for
the public safety, the building official shall temporarily close sidewalks,
streets, buildings and structures and places adjacent to such unsafe
structure and prohibit the same from being used.
(d) Emergency
repairs.
For the purposes of this section, the building
official may employ the necessary labor and materials to perform the
required work as expeditiously as possible.
(e) Costs
of emergency repairs.
Costs incurred in the performance
of emergency work shall be originally paid by the city on the certification
of the building official. The legal counsel of the jurisdiction may
institute appropriate action against the owner of the premises where
the unsafe building or structure is or was located for the recovery
of such costs.
(Ordinance 2004-04, sec. 1, adopted 1/27/04; Ordinance 2006-07, sec. 1, adopted 2/14/06; 1957
Code, sec. 4A-73)