(a) All
buildings or structures which have any or all the following defects
shall be deemed dangerous buildings:
(1) Those which have interior walls or other vertical structural members
that list, lean or buckle to such an extent that a plumb line passing
through the center of gravity falls outside of the middle third of
its base.
(2) Those which, exclusive of the foundation, show 33% percent or more
damage of members or 50% percent damage or deterioration of the nonsupporting
enclosing or outside walls or covering.
(3) Those which have 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 purposes used.
(4) Those which have been damaged by fire, wind or other causes so as
to have become dangerous to life, morals or the general health and
welfare of the occupants or the people of the city.
(5) Those which are so dilapidated, decayed, unsafe, unsanitary or which
so utterly fail to provide the amenities essential to decent living,
that they are unfit for human habitation or are likely to cause sickness
or disease so as to work injury to the health, morals, safety or general
welfare of those occupying such building.
(6) Those having light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human
beings who live therein.
(7) Those, regardless of their structural condition, which have, during
times that they were not actually occupied by their owners, lessees
or other invitees, been left unsecured from unauthorized entry to
the extent that they may be entered and utilized by vagrants or other
uninvited persons as a place of harborage or may be entered and utilized
by children as a play area.
(8) Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
(9) Those which because of their condition are unsafe, unsanitary or
dangerous to the health, morals, safety or general welfare of the
people of this city.
(10) Those buildings existing in violation of any provisions of this article,
the building code, the fire code or other ordinances of this city,
if the violation is of such a nature that the building constitutes
a danger to its occupants and to others.
(b) A
building that is boarded up, fenced or otherwise secured in any manner
may, nevertheless, be deemed to be a dangerous building under the
foregoing criteria if:
(1) The building constitutes a danger to the public, even though secured
from entry; or
(2) It is found that the means utilized to secure the building are not adequate to prevent unauthorized entry of the building in contravention of subsection
(a)(7) above.
(Ordinance 081710-02, sec. I, div.
1, sec. A, adopted 8/17/10)
The building official or his designee shall:
(1) Inspect
any building, wall, or structure about which complaints are filed
by any person to the effect that a building, wall or structure is
or may be existing in violation of the terms of this article.
(2) Inspect
any building, wall or structure reported (as hereinafter provided
for) by the fire, health or police department of this city as probably
in violation of the terms of this article.
(3) Inspect buildings in the city to determine whether they are dangerous buildings within the terms of section
3.04.001.
(4) Notify the city manager of buildings that are found to be dangerous so that hearings may be scheduled pursuant to section
3.04.004 et seq.
(5) Appear at all hearings conducted pursuant to section
3.04.004 et seq. and testify as to the conditions existing in the dangerous building.
(Ordinance 081710-02, sec. I, div.
1, sec. B, adopted 8/17/10)
The city attorney may:
(1) Prosecute
all persons failing to comply with the terms of the notices and orders
provided for in this article.
(2) Appear
at hearings before the building standards commission, (referred to
in this article as the commission), in regard to dangerous buildings
when necessary.
(3) Bring
suit to collect all municipal charges, liens or costs incurred by
the city in preparing or causing to be vacated or demolished dangerous
buildings.
(Ordinance 081710-02, sec. I, div.
1, sec. C, adopted 8/17/10)
(a) If
a building has, upon inspection, been found to be a dangerous building,
written notice shall be served on all persons having an interest in
the property, as shown by the deed records of the county where the
land is located, by personal service or by certified mail, return
receipt requested. This notice shall inform such person that a hearing
will be held before the commission in which the city will seek an
order requiring the building to be vacated or requiring the building
to be repaired or demolished or secured upon a finding that the building
is dangerous and that it constitutes a hazard to the health, safety
or welfare of its occupants or citizens of this city. Such notice
shall also set forth:
(1) The specific conditions which render the building a dangerous building within the standards set forth in section
3.04.001.
(2) That a hearing will be held before the commission in which the city will seek an order that the building be vacated or that the building also be repaired or demolished or secured as provided in section
3.04.007.
(3) The date, time and place of such hearing.
(4) That all persons having an interest in the property may appear in
person or be represented by an attorney and may present testimony
and may cross-examine all witnesses.
(5) A statement that at the administrative hearing the commission may
assess a civil penalty not to exceed $1,000.00 a day for each violation
or, if the owner shows that the property is the owner’s lawful
homestead, in an amount not to exceed $10.00 a day for each violation.
(b) If
the address of any person having an interest in the property as shown
in the deed records is unknown, or if notice to any person having
an interest in the property is returned undelivered, a copy of such
notice shall be posted in a conspicuous place on the building found
by the building official or his designee to be dangerous. The posting
of such notice shall constitute notice to any person having an interest
in the property who does not receive personal notice or notice by
mail.
(Ordinance 081710-02, sec. I, div.
1, sec. D, adopted 8/17/10)
There is hereby created a building standards commission, to
be composed of five (5) members, each of whom shall have a personal
or business residence in the city, who shall be appointed for terms
of two (2) years or until their successors are appointed. In addition
to the five (5) members, the fire marshal and the building official
of the city shall be ex officio nonvoting members of the commission.
(Ordinance 081710-02, sec. I, div.
1, sec. E, adopted 8/17/10)
(a) All
hearings shall be held by the building standards commission. The commission
shall be referred to as the hearing officers.
(b) All
hearings shall be conducted under rules consistent with the nature
of the proceedings; provided, however, the following rules shall apply
to such hearings:
(1) All parties shall have the right to representation by a licensed
attorney, though an attorney is not required.
(2) Each party may present witnesses in his own behalf.
(3) Each party has the right to cross-examine all witnesses.
(4) Only evidence presented before the commission at such hearing may
be considered in rendering the order.
(c) The
city attorney or designated representative may be present at each
such hearing to advise the building official as to procedural matters;
however, such attorney shall not otherwise participate in the proceeding.
(d) If no person having an interest in the building appears before the commission at the time and date specified, the building official shall produce evidence showing the building to be a dangerous building within the standards set forth in section
3.04.001 and that the same constitutes a hazard to the health, safety and welfare of the citizens.
(e) At
the public hearing, the owner, lienholder or mortgagee has the burden
of the 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.
(Ordinance 081710-02, sec. I, div.
1, sec. F, adopted 8/17/10)
(a) After completion of the presentation of testimony by all parties appearing, the commission shall make written findings of fact as to whether or not the buildings are dilapidated, substandard or unfit for human habitation and constitute a hazard to the health, safety or welfare of occupants or the citizens, and whether or not the buildings in question are dangerous within the standards set forth in section
3.04.001, setting out the underlying facts supporting the findings.
(b) If the commission finds that any building is dilapidated, substandard or unfit for human habitation and that same constitutes a hazard to the health, safety or welfare of its occupants or the citizens, and that same is a dangerous building within the terms of section
3.04.001, the commission shall issue an order directing the owner, occupant and all other persons having an interest in such building, as shown by the deed records of the county clerk of the county where the land is located:
(1) That the building shall be vacated if same is occupied and the commission
finds that the building is in such condition as to make it dangerous
to the health, safety or welfare of its occupants;
(2) That the building shall be either (at the owner’s option) repaired
(if it can reasonably be brought into compliance by repair) or demolished;
(3) That the building shall be demolished if it cannot reasonably be
repaired; or
(4) If the building is unoccupied and the condition of the building is
such that it may be brought into compliance by securing it from unauthorized
entry, that it be so secured and be kept secured. The order may include
or adopt written specifications that must be complied with in securing
the building, and the order may provide that the building be demolished
if it is not secured in compliance therewith.
(c) If
the commission finds that the building is substandard as above described
and in such condition as to make same dangerous to health, safety
or welfare of its occupants or to the citizens, the commission shall
order that the city place a notice in a conspicuous place on such
building, such notice to have the heading “DANGEROUS BUILDING”
in letters 1-1/4 inches high, and the following words:
DANGEROUS BUILDING
|
THIS BUILDING HAS BEEN FOUND TO BE A DANGEROUS BUILDING. OCCUPANCY
OF THIS BUILDING IS PROHIBITED BY LAW, AS SUCH OCCUPANCY IS DANGEROUS
TO THE HEALTH, SAFETY OR WELFARE OF ITS OCCUPANTS. THIS NOTICE IS
POSTED (here the notice shall set forth the date and hour such notice
is posted). ALL PERSONS MUST VACATE THIS BUILDING NOT LATER THAN FORTY-EIGHT
(48) HOURS AFTER THE TIME OF POSTING AND SHALL NOT RE-ENTER THE SAME
UNTIL THE BUILDING OFFICIAL FINDS THAT THE BUILDING HAS BEEN REPAIRED
SO AS TO BE IN COMPLIANCE WITH THE ORDINANCES OF THE CITY OF HUBBARD.
THIS NOTICE SHALL REMAIN ON THIS BUILDING UNTIL IT IS REPAIRED OR
DEMOLISHED.
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(d) If
the commission finds that the building is in such condition that it
is dangerous for anyone to enter, the commission shall order that
the city place a notice in a conspicuous place on such building, such
notice to have a heading stating “DANGEROUS BUILDING”
in letters at least 1-1/4 inches high and contain the following words
in letters at least 1-1/4 inches high:
DANGEROUS BUILDING
|
THIS BUILDING HAS BEEN FOUND TO BE A DANGEROUS BUILDING BY THE
CITY OF HUBBARD. NO PERSON SHALL ENTER THIS BUILDING, EXCEPT PERSONS
AUTHORIZED BY THE OWNER WHO ENTER SOLELY FOR THE PURPOSE OF CORRECTING
THE HAZARDOUS CONDITIONS THEREIN AND INSPECTORS OF THE CITY OF HUBBARD.
THIS NOTICE SHALL REMAIN ON THIS BUILDING UNTIL IT IS REPAIRED OR
DEMOLISHED.
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(Ordinance 081710-02, sec. I, div.
1, sec. G, adopted 8/17/10)
(a) The
persons having an interest in the property coming under this article
shall be given a reasonable period of time in which to comply with
the commission’s order, such period not to exceed 30 days unless,
in the judgment and discretion of the commission, it is determined
that a greater period of time is necessary. The order shall state
the date by which the action ordered must be completed and state that
the building official shall cause the building to be vacated, repaired
or demolished if the persons having an interest in the property do
not comply with the order.
(b) The
order of the commission shall be served on all persons having an interest
in the property, as shown on the deed records of the county in which
the land lies, by registered mail or certified mail, return receipt
requested. If the address of a person having an interest in the property
as shown on the deed records is unknown, or if such order is returned
undelivered, a copy of such order shall be posted in a conspicuous
place on such building. Such posting of the order shall constitute
notice to any person having an interest in the property who does not
receive personal service.
(c) A
copy of the order of the commission shall also be filed in the deed
records of the county in which the land lies.
(d) If
the persons having an interest in the property fail to comply with
the order of the commission within the time specified in the order
for compliance, the building official shall cause such building to
be vacated, repaired or demolished as the facts may warrant.
(e) In any instance in which an order has been issued, pursuant to section
3.04.007, that the building be secured, and the owner complies with the order by securing the building, the commission’s case file shall, nevertheless, remain active for period of three years from the date of signature of the order. The building official may request that the commission reconvene the hearing if he receives evidence that the building has not remained secured and is in contravention of section
3.04.001. Upon notice to the owner, lienholders, occupants and other persons having an interest in the property, the commission shall reconvene the hearing. If the commission finds that the building remains a dangerous building, notwithstanding the owner’s efforts to secure it, they may issue a revised order that the building be demolished.
(Ordinance 081710-02, sec. I, div.
1, sec. H, adopted 8/17/10)
(a) The city manager hereby finds and declares that the general administrative expenses of inspecting buildings, locating owners, conducting hearings, and issuing notices and orders, together with all associated administrative functions, require the reasonable charge as provided in appendix
A to this code for each lot, adjacent lots under common ownership or tract of land, and such minimum charge is hereby established and declared to be the charge for such administrative expenses to be assessed in each instance where the city demolishes or contracts for the demolition of a building or buildings thereon. Notwithstanding any tabulation or recorded costs, a charge as provided in appendix
A to this code is hereby expressly stated to be the minimum charge. Further, the cost of demolishing the building, either by the city or by persons doing so under contract with the city, shall be separately calculated and assessed in each instance where the city demolishes or causes the demolition of a building pursuant to this article.
(b) The
building official or his designee shall certify all administrative
expenses and costs of demolishing a building by the city or by persons
doing so under contract with the city, as a charge which shall be
assessed the owner thereof, and which shall constitute a lien on the
land on which the building is or was situated. Such charge shall bear
interest at the rate of ten percent per annum until paid.
(c) If
an order has been issued pursuant to this article for the repair or
demolition of a building and the city has let a contract for demolition,
and the building is subsequently repaired or demolished by the owners
prior to completion of the contracts let by the city, the administrative
expenses and all costs for cancellation of the contract shall be certified
as a charge which shall be assessed against the owners thereof, and
which shall constitute a lien on the land on which the building is
or was situated. Such charge shall bear interest at the rate of ten
percent per annum until paid.
(Ordinance 081710-02, sec. I, div.
1, sec. I, adopted 8/17/10)
(a) Upon
full payment of the charges assessed against any property, or if the
lien is placed on the property through error, the city secretary is
hereby authorized to execute, for and in behalf of the city, a written
release approved in each case by the city attorney.
(b) Upon
compliance with an order of the commission to repair or demolish a
building, the building official is hereby authorized to execute a
written notice of compliance setting forth the date the notice of
compliance is issued, the date the building was found to be repaired
or demolished in compliance with the order, and if the building has
not been demolished, whether or not the building is in such condition
that it may be occupied.
(c) A
fee shall be imposed for such release of lien provided for hereunder
as specified by the city manager.
(Ordinance 081710-02, sec. I, div.
1, sec. J, adopted 8/17/10)
(a) In
cases where it is reasonably appears that there is immediate danger
to the health, life or safety of any person unless a dangerous building
is immediately repaired, vacated, demolished or secured, the building
official shall report such facts to the city council. If the city
council finds there is in fact an immediate danger to the health,
life or safety of any person unless the building is immediately repaired,
vacated, demolished or secured, he shall cause the immediate repair,
vacation, demolition, or securing of such building.
(b) Whenever the city council causes a building to be repaired, vacated, demolished or secured pursuant to this section, he shall cause a notice, as described in section
3.04.007, to be posted on the building.
(c) Whenever the city council causes a building to be repaired, vacated, demolished or secured pursuant to this section, the commission shall cause notice to be given to the owners and lienholders of the building, all persons having possession of any portion thereof, and all other persons who may have an interest in the building that a hearing will be held concerning the orders issued in connection therewith, and whether the building constitutes a dangerous building. The notice shall set forth the specific conditions which render the building a dangerous building within the standards set for in section
3.04.001, the date, time and place of such hearing, and that all person having an interest in the building may appear in person or be represented by an attorney and may present testimony and may cross examine all witnesses. Such notice shall comply with the provisions set out in section
3.04.004; however, the hearing shall be held as soon as it is reasonably possible but in no case later than ten days after the city manager has caused the building to be repaired, vacated, demolished, or secured, unless all persons having either an ownership interest or possession interest in the building request a continuance of the hearing. All such hearings shall be held by the commission in accordance with the provision of section
3.04.006. At such hearing, the burden shall be upon the city to show that there was an immediate danger to health, life or safety necessitating the immediate action and whether the building constitutes a dangerous building within the provisions of this article at the time of the hearing. After completion of the presentation of the testimony by all parties appearing, the commission shall make written findings of fact as to whether or not the building was an immediate danger to health, life or safety necessitating the action taken by the city manager and whether the building was a dangerous building within the provisions of this article. If the commission finds that there was an immediate danger to public health, life or safety that required the action that was taken, all administrative expenses and any cost of repair or demolition shall be calculated and assessed to the owners of the building, and shall constitute a lien on the land on which the building stands or stood which shall bear interest as provided in section
3.04.009. If the commission finds that the building, at the time of the hearing, constitutes a dangerous building within the provisions of this article, it shall issue an order for its abatement as set out in section
3.04.008. The provisions of section
3.04.004 shall be applicable to any such order.
(Ordinance 081710-02, sec. I, div.
1, sec. K, adopted 8/17/10)
In cases, except emergency cases, where the owner, occupant,
lessee or mortgagee is absent from the city, all notices or orders
provided for herein shall be sent by registered mail or certified
mail to the owner, occupant, mortgagee, lessee and all other persons
having an interest in any building coming under this article, as shown
by the deed records of the county clerk of the county where the land
is located, to the last known address of each, and a copy of such
notice shall be posted in a conspicuous place on the dangerous building
to which it relates. Such posting and mailing shall be deemed adequate
service.
(Ordinance 081710-02, sec. I, div.
1, sec. L, adopted 8/17/10)
It shall be the duty of all city employees to make a report
in writing to the building official of all buildings or structures,
which they believe, are, may be or are suspected to be dangerous buildings
within the terms of this article. Such reports are to be made within
a reasonable time after the discovery of such buildings or structures.
(Ordinance 081710-02, sec. I, div.
1, sec. M, adopted 8/17/10)
In addition to the provisions of this article, the city will
comply with the requirements of V.T.C.A., Local Government Code 214.001.
(Ordinance 081710-02, sec. I, div.
1, sec. N, adopted 8/17/10)
(a) The
owner of any dangerous building who shall fail to comply with any
order to repair, vacate, demolish or secure such building by any person
authorized by this article to give such order shall be guilty of a
misdemeanor.
(b) The
occupant or lessee in possession who fails to comply with any order
to vacate, and anyone having an interest in such building as shown
by the deed records of the county clerk of the county where the land
is located and under a legal duty to repair, who fails to repair or
secure such building in accordance with any order given as provided
for in this article, shall be guilty of a misdemeanor.
(c) Any
person removing any notice provided for in this article shall be guilty
of a misdemeanor.
(d) The
penalty upon conviction for violation of this section shall be as
provided in division 3 of this article.
(Ordinance 081710-02, sec. I, div.
1, sec. O, adopted 8/17/10)