(a)
Title.
These regulations, together with other codes
cited within this article, shall be known as the city substandard
building code, may be cited as such and will be referred to herein
as “this article.”
(b)
Purpose.
The purpose of this article is:
(1)
To protect the health, safety, and welfare of the citizens of the
city by establishing minimum standards applicable to residential and
specific nonresidential structures. Minimum standards are established
with respect to utilities, facilities, and other physical components
essential to make structures safe, sanitary, and fit for human use
and habitation. Demolition of structures is provided for as a last
resort when compliance with standards cannot reasonably be achieved;
and
(2)
To be remedial and essential to the public interest, and it is intended
that this article be liberally construed to effect its purpose.
(c)
Scope.
The provisions of this article shall apply to
all buildings and structures or portions thereof in the city intended
or used for human habitation, unless otherwise specified, which exist
on the effective date of this article or constructed thereafter.
(d)
Application to existing buildings and structures.
(1)
Additions, alterations, or repairs.
Additions, alterations
or repairs required by this article will be performed in accordance
with, and meet, the requirements of the current building, residential,
plumbing, mechanical, fuel gas, energy conservation, fire, or electrical
codes, as amended, whichever is applicable, unless a variance is granted
as provided herein.
(2)
Relocation.
Buildings or structures moved into, or existing
within, the city shall comply with the requirements of the current
building, residential, plumbing, mechanical, fuel gas, energy conservation,
fire, or electrical codes for new buildings and structures, as amended,
whichever is applicable, unless a variance is granted as provided
herein.
(e)
Application of zoning ordinance.
Nothing in this article
shall be construed to cancel, modify, or set aside any provision of
the city’s zoning ordinance, as amended.
(Ordinance 12-1112-01, sec. 1.01,
adopted 11/12/12)
For the purpose of this article, certain terms, phrases, words
and their derivatives shall be construed as specified in this article
or as specified in the building code, as adopted and as amended. Where
a conflict exists, the building code controls. Where terms are not
defined, they shall have their ordinary, accepted meanings within
the context with which they are used. Words in the singular include
the plural and the plural include the singular. Words used in the
masculine gender include the feminine and the feminine include the
masculine. Whenever the words “dwelling,” “dwelling
unit,” “premises,” and “structure” are
used herein, they shall be construed as though they were followed
by the words “or any part thereof.”
A building or structure devoted to uses incidental and accessory
to the main use and can be either attached or detached, such as an
attached garage, storage area, carport, detached garage, shed, or
outbuilding. An accessory building may only exist in conjunction with
a primary structure except as otherwise provided herein.
That person within the governmental structure of the city
who is charged with the administration of the subject ordinance.
Authorized by the local or state authority having such administrative
authority.
The residue from the burning of combustible materials.
Any structure used or intended for supporting or sheltering
any use or occupancy.
The current building code officially adopted by the city
council, or other such codes officially designated by the city council
for the regulation of construction, alteration, addition, repair,
removal, demolition, use, location, occupancy and maintenance of buildings
and structures. Such codes shall include but not be limited to the
building, residential, plumbing, mechanical, fuel gas, energy conservation,
fire, and electrical codes adopted by the city council, and as amended.
The official who is charged with the administration and enforcement
of this article or any duly authorized representative, including but
not limited to the code enforcement officer.
No longer adequate for the purpose or use for which it was
originally intended, or as otherwise defined in this article.
Any enclosed space wholly or partly used or intended to be
used for human habitation, living, sleeping, cooking, and eating and
shall include any outhouse or appurtenance belonging thereto. Industrialized
housing and modular construction which conform to nationally accepted
industry standards, as defined by United States Department of Housing
and Urban Development and used or intended for use for living, sleeping,
cooking, and eating purposes shall be classified as dwellings.
A room or group of rooms located within a dwelling forming
a single habitable unit with facilities used or intended to be used
by a single family for human occupancy such as living, sleeping, cooking,
and eating purposes.
An arrangement of exit facilities to assure a safe means
of exit from buildings.
The animal and vegetable waste resulting from the handling,
preparation, cooking, serving, and nonconsumption of food.
The natural surface of the ground, or ground surface after
completion of any change in contour.
A room or enclosed floor space within a dwelling used or
intended to be used for living, sleeping, cooking or eating purposes,
excluding bathrooms, water closet compartments, laundry room, pantry,
foyer, closets, storage spaces or communicating corridors.
All furnaces, unit heaters, domestic incinerators, cooking
and heating stoves and ranges, and other similar devices capable of
converting fuel to heat energy or of transferring heat from one ambient
to another and approved by Underwriters’ Laboratories, Inc.,
the American Gas Association or other nationally recognized testing
laboratory.
One or more individuals living together in a single dwelling
unit and sharing common living, sleeping, cooking, and eating facilities.
The United States Department of Housing and Urban Development.
To permit possession or occupancy of a dwelling, dwelling
unit, building or structure by a person who shall be legal owner or
not be legal owner of record thereof, pursuant to a written or unwritten
lease, agreement or license, or pursuant to a recorded or unrecorded
agreement of contract for the sale of land.
Repair and other acts to prevent a decline in the condition
of ground, structures, and equipment such that the condition does
not fall below the standards established by this article and other
applicable statutes, codes and ordinances.
Any dwelling containing more than two (2) dwelling units.
Any person living and/or sleeping in a dwelling unit or having
possession of a space within a building.
Free of leaks, safe, sanitary, and in good working order,
in the manner intended.
Any person who has charge, care, custody, control, or management
of a building, or part thereof, in which dwelling units are let for
occupancy.
Any person who, alone, or jointly or severally with others:
(1) has legal title to any premises, dwelling or dwelling unit, with
or without actual possession thereof; or (2) has charge, care, custody
or control of any premises, dwelling or dwelling unit, as owner or
agent of the owner, or an executor, administrator, trustee, or guardian
of the estate of the owner. Any such person thus representing the
actual owner shall be bound to comply with the provisions of this
article and the rules and regulations adopted pursuant thereto, to
the same extent as if he were the owner. Where owners are siblings,
relatives or family members, not individually identified on any legal
document of record, after a due diligence search as provided herein,
notice to one owner shall be deemed notice to all owners.
Any individual, corporation, organization, partnership, association,
or any other legal entity.
A receptacle or device which is either permanently or temporarily
connected to the water distribution system of the premises, and demands
a supply of water therefrom; or discharges used water, liquid-borne
waste materials, or sewage either directly or indirectly to the drainage
system of the premises; or which requires both a water supply connection
and a drainage system of the premises.
A platted lot or part thereof or un-platted lot or tract
of land or plot of land, either occupied or unoccupied by any dwelling
or nondwelling structure, and includes any such building, accessory
structure or other structure thereon.
Connected in accordance with all applicable codes and ordinances
of the city, including the alteration or replacement of any connection
in good working order and not constituting a hazard to life and health.
The following:
The physical condition, or use of any premises regarded as a
public nuisance at common law or as defined elsewhere in the city
ordinances;
Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including
but not limited to, abandoned wells, shafts, basements, excavations
and unsafe fences or structures;
Any premises which is manifestly capable of being a fire hazard,
or is manifestly unsafe or unsecured as to endanger life, limb or
property;
Any premises from which the plumbing, heating and/or facilities
required by this article have been removed, or from which utilities
have been disconnected, destroyed, removed, or rendered ineffective,
or the required precautions against unauthorized use or entry have
not been provided;
Any structure or building that is in a state of dilapidation,
deterioration or decay, faulty construction, overcrowded, open, vacant
or abandoned, damaged by fire to the extent as not to provide shelter,
in danger of collapse or failure and dangerous to anyone on or near
the premises;
Is dangerous to the physical health or safety of an occupant
or other person; or
Because of violations of section 3.03.003 of this article, the state of disrepair is such that it could reasonably cause injury, damage, or harm to a considerable portion of the community in the use and enjoyment of property, materially interfering with the proper use or comfort and enjoyment of surrounding property, taking into consideration the nature and use of the properties in the area and the character of the community in which they are situated, which condition would be substantially offensive and annoying to persons of ordinary sensibilities living in the community.
A sewer operated by a public authority or public utility
and available for public use.
Any conditions or place where rats or other rodents can live,
nest, or seek shelter.
A heterogeneous accumulation of worn out, used, broken, rejected
or worthless materials, including but not limited to garbage, rubbish,
paper or litter and other decayable or nondecayable matter.
Nonputrescible solid wastes (excluding ashes) consisting
of either:
The condition of being reasonably free from danger and hazards
which may cause accidents or disease.
Any condition of good order and cleanliness that precludes
the probability of disease transmission.
That which is built or constructed, an edifice or building
of any kind, or any piece or work artificially built up or composed
of parts joined together in some definite manner.
Any dwelling, dwelling unit, building or structure which
has any or all or the defects and deficiencies as defined in this
article.
A difference between that which is required or specified
and that which is permitted.
(Ordinance 12-1112-01, sec. 1.02,
adopted 11/12/12)
Buildings, structures or dwellings that do not meet one or more
of the minimum standards set forth in building, residential, plumbing,
mechanical, fuel gas, energy conservation, fire, and electrical codes,
as amended, such that conditions or defects exist that endanger the
life, health, property or safety of its occupants or the general public,
or that constitute uninhabitable, dangerous and substandard buildings,
structures or dwellings, may be declared as unfit for human occupation
in violation of this article and subject to the procedures set forth
herein.
(1)
Deemed substandard.
A structure may be deemed substandard
whenever any building or structure has been constructed, exists or
is maintained in violation of any specific requirement or prohibition
applicable to such building or structure provided by the city’s
building regulations or as specified in the building code, or other
applicable codes, or of any law or ordinance of the state or the city
relating to the condition, location or structure of buildings, such
that the structure meets the definition of dangerous building as defined
under the adopted building code.
(2)
Minimum standards.
A structure deemed substandard must
be repaired to the minimum standards enumerated in the current building
code, or other code applicable to the substandard condition, as adopted
and as amended.
(3)
Accessory structures.
If the primary structure is substandard
such that it requires demolition, and accessory structures are not
in substandard condition, the city council may allow the accessory
structures to remain in the absence of a primary use, for a fixed
period of time provided that plans to construct a primary structure
are submitted and attendant building permit application is issued
within ninety (90) days of the demolition.
(4)
Variance.
(A)
If the owner, lienholder or mortgagee requests a variance from current
ordinance requirements, the city council may grant such a variance,
if:
(i)
Evidence or information is submitted by the owner, lienholder or
mortgagee generated by a certified inspector or registered structural
engineer that such a variance will have no adverse effect on the integrity
of the structure or facilities, to the satisfaction of the code official;
(ii)
This evidence must be presented at the public hearing and falls
within the owner’s burden of proof that the structure can be
repaired; and
(iii)
In no event shall the variance permitted be less than the minimum
standard required at the time of original construction.
(B)
The city council shall make specific findings of hardship, but a
determination of financial hardship, in and of itself, is not sufficient
basis for granting a variance.
(Ordinance 12-1112-01, sec. 1.03,
adopted 11/12/12)
(a)
General.
No building or structure regulated by this
article shall be erected, constructed, enlarged, altered, repaired,
moved, improved, removed, converted, or demolished unless a separate
permit for each building or structure has first been obtained from
the code official or his/her designee in the manner and according
to the applicable conditions prescribed in the building code.
(b)
Fees.
Whenever a building permit or demolition permit is required by subsection (a) above, the appropriate fees shall be paid to the city as specified in the city’s fee schedule for building permits.
(c)
Inspections.
All buildings or structures within the
scope of this article and all construction or work for which a permit
is required shall be subject to inspection by the code official, or
his/her designee, in accordance with, and in the manner provided by,
this article and the current building code.
(Ordinance 12-1112-01, sec. 1.04,
adopted 11/12/12)
(a)
General.
Whenever the code official has inspected or
caused to be inspected any structure or lot and has found and determined
that such structure or lot is substandard, he may commence proceedings
to cause repair, rehabilitation, vacation, or demolition of the structure
or lot.
(b)
Notice and administrative order to abate.
The code official
shall issue a notice and administrative order to abate a substandard
structure or lot. The notice and administrative order shall be issued
to all known owners, lienholders and mortgagees of the property and
to the city council. The notice and administrative order shall contain:
(1)
The street address and a legal description sufficient for identification
of the premises upon which the structure is located;
(2)
A statement that the code official has found the structure or lot to be substandard with a brief and concise description of the conditions found to render the structure or lot substandard under the provisions of section 3.03.003 of this article;
(3)
A statement of the action recommended to be taken, as determined
by the code official, as follows:
(A)
If the code official has determined that the structure or lot must
be repaired, the administrative order shall require that all required
permits be secured and work physically commenced within thirty (30)
days from the date of the administrative order;
(B)
If the code official has determined that the structure or lot must
be vacated, the administrative order shall require that the structure
or lot must be vacated within thirty (30) days of the date of the
administrative order; or
(C)
If the code official has determined that the structure or lot must
be demolished, the administrative order shall require that all required
permits be secured and work physically commenced within thirty (30)
days from the date of the administrative order;
(4)
A statement advising that a notice of hearing is forthcoming and
a description of the hearing. The hearing shall provide the city council
the means to consider or determine whether a structure or lot complies
with the standards set forth herein and to consider or determine whether
a structure or lot must be repaired or demolished, as recommended
by the code official, in the notice and administrative order; and
(5)
Statements advising that if the owner or owners of record are in full agreement with a demolition order, and that if the owner or owners of record are financially unable to abate such nuisance, then the owner or owners of record may grant the city written permission to abate said nuisance and, in doing so shall grant the city a lien against the real property as described in section 3.03.008 of this article.
(c)
Notice of hearing.
The code official shall give notice
of a public hearing to all known owners, lienholders, or mortgagees
for the city council to consider or determine whether a structure
or lot complies with this article and to consider or determine whether
a structure or lot must be repaired, secured or demolished. The notice
shall be mailed and posted as provided herein, and published in the
official newspaper of the city on one (1) occasion, on or before the
tenth (10th) day before the date of the hearing. The notice of hearing
shall contain:
(1)
The name and address of the owner of the affected property, if known;
(2)
A legal description of the property, as well as the physical address;
(3)
A description of the hearing;
(4)
The date, time, and place of the public hearing. This date shall
be established not less than ten (10) days from the date of the administrative
order;
(5)
A statement that the structure has been found to be substandard,
with a brief and concise description of the conditions found to render
the structure substandard;
(6)
A statement advising that securing the required permits and physically
commencing the required action shall be considered as intent to comply
with the administrative order to abate, and that the hearing shall
be temporarily postponed. Should abatement halt, or not progress at
a rate determined to be reasonable by the code official, the hearing
shall be recalled; and
(7)
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.
(d)
Service of notice and administrative order to abate and notice of
hearing.
The notice of the administrative order to abate, the notice of hearing and any supplemental notices or orders shall be served upon the owner, lessor, lienholder, and mortgagees of record and occupant, if different than the owner of the structure or lot. Service of these notices and orders shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice by certified mail, return receipt requested, or by delivery by the United States postal service using signature confirmation service, and an optional second copy by regular mail, to each such person at his/her address as it appears on the county tax rolls, or as discovered by due diligence, as defined by subsections (a) through (e) herein, and the notice shall be posted on the front door of each improvement situated on the affected property or as close to the front door as practical. The following of these procedures shall be prima facie evidence of notification. If a certified notice is returned as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice shall be deemed delivered. The city has satisfied the requirements of this section to make a diligent 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 of the county in which the building
is located;
(2)
Appraisal district records of the appraisal district in which the
building is located;
(3)
Records of the secretary of state;
(4)
Assumed name records of the county in which the building is located;
(5)
City tax records; and
(6)
City utility records.
(e)
Filing of notice and administrative order at the county.
A copy of the notice and any administrative orders, or such orders
as may be issued pursuant to these provisions, shall be filed with
the county deed records in the county where the property is located.
The notice must contain the name and address of the owner of the affected
property if that information can be determined from a reasonable search
of the instruments on file in the office of the county clerk, or upon
a due diligence search as set forth herein, a legal description of
the affected property, and a description of the proceeding. The filing
of said notice and any said orders, is binding on subsequent grantees,
lienholders, or other transferees of an interest in the property who
acquire such interest after the filing of said notice or any said
orders, and constitutes notice of said hearing and notice of any said
orders, on any subsequent recipient of any interest in the property
who acquires such interest after the filing of said notice or filing
of any said orders.
(f)
Meeting/public hearing.
(1)
During an officially convened meeting, the city council shall hold
a public hearing on each case and shall hear such testimony as may
be presented by any department of the city, the code official, or
the owner, occupant, mortgagee or any other person having an interest
in such building to determine whether a building complies with the
standards of this article. 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 perform the work. After all testimony has been received, the public
hearing shall be closed and the city council shall deliberate on the
case in open session. The city council shall make written findings
of fact from the testimony offered as to whether the building complies
with the standards of this article.
(2)
After the meeting, if a building is found in violation of standards
set forth herein, the city council may order that the building be
vacated, secured, repaired, removed, or demolished by the owner within
a reasonable time as provided herein. The city council also may order
that the occupants be relocated within a reasonable time, at the cost
of the owner, lienholders or mortgagees. The city council reserves
the right to determine what a reasonable amount of time to perform
the ordered work is or what a reasonable amount of time to relocate
occupants is.
(3)
The city council shall require the owner, lienholder, or mortgagee
of the building to, within thirty (30) days: (1) secure the building
from unauthorized entry or use; or (2) repair, remove, or demolish
the building, unless the owner, lienholder, or mortgagee establishes
at the hearing that the work cannot reasonably be performed within
thirty (30) days. If the city council allows the owner, lienholder,
or mortgagee more than thirty (30) days to repair, remove, or demolish
the building, the city council shall establish specific schedules
for the commencement and performance of the work and shall require
the owner, lienholder, or mortgagee to secure the property in an approved
manner from unauthorized entry while the work is being performed,
as determined by the city council.
(4)
The city council 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: (1) submits a detailed plan and
time schedule for the work at the hearing; and (2) establishes at
the hearing that the work cannot justifiably be completed within ninety
(90) days because of the scope and complexity of the work. If the
city council 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 city council shall require the
owner, lienholder, or mortgagee to regularly submit progress reports
to the code official and to the city council 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
city council to demonstrate compliance with the time schedule. If
the owner, lienholder, or mortgagee owns property, including structures
or improvements on property, within the municipal boundaries that
exceeds $100,000 in total value, the city council 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 city council
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 city council. The bond must be posted, or the
letter of credit or third party guaranty provided, not later than
the thirtieth (30th) day after the date the city council issues the
order.
(g)
After the meeting.
After the meeting, the city secretary
shall, within ten (10) days after the date the order is issued:
(1)
File a copy of the order in the city’s official records;
(2)
Publish in a newspaper of general circulation in the city a notice
containing:
(3)
Shall promptly mail by certified mail, return receipt requested,
or by delivery by the United States postal service using signature
confirmation service, and an optional second copy by regular mail,
a copy of the order to the owner, any lienholder(s), and any mortgagee(s)
of the building, as determined by due diligence, as defined herein.
If the notice is mailed and, if the United States Postal Service returns
the notice as “refused” or “unclaimed,” the
notice is deemed delivered.
(h)
Appeal.
Any owner, lienholder, or mortgagee of record of a structure for which an order is issued by the city council under this section may, within thirty (30) calendar days after the order is mailed to the owner, lienholder or mortgagee of record, or personally delivered to said person(s), appeal the order pursuant to the provisions set forth in section 3.03.010 of this article.
(Ordinance 12-1112-01, sec. 1.05,
adopted 11/12/12)
(a)
Purpose.
The owner or person in control of an unoccupied structure shall ensure that the building is in such condition that an unauthorized person cannot enter the structure through missing or unlocked doors or windows, or through other openings into the building. The city may secure unoccupied, unsecured structures, or structures occupied by persons who do not have the right of possession to the building. A lien may be filed on real property to assure the cost of securing the structure as set forth in section 3.03.008 herein.
(b)
Definitions.
(1)
An unsecured structure is hereby defined to be any structure or building
that currently has no occupant with the right of possession of the
building and which has missing or unlocked doors or windows, or other
unsecured openings into the building through which unauthorized persons
can enter. Any unoccupied, unsecured structure or building is hereby
declared to be a danger to public health and safety and is hereby
declared to be a public nuisance.
(2)
An unoccupied structure is hereby defined to be any structure or
building that appears vacant or abandoned as evidenced by: no active
utility accounts, absence of personalty, general conditions of neglect
and any other substantiated evidence of vacancy or abandonment that
may be presented by the code official.
(c)
City may secure.
The code official may secure a building
that: (1) violates the standards of this article; and (2) is an unsecured
structure. This authority is in addition to that regarding substandard
buildings.
(d)
Notice.
(1)
Before the eleventh (11th) day after the date the building is secured,
the code official shall give notice to the owner of record by:
(A)
Personally serving the owner with written notice;
(B)
Sending a copy of the notice certified mail, return receipt requested,
and an optional copy by regular mail, at the owner’s post office
or physical address;
(C)
Publishing the notice at least twice within a ten-day period in the
city’s official newspaper if personal service cannot be obtained
and the owner’s post office or physical address is unknown;
or
(D)
Posting the notice on or near the front door of the building if personal
service cannot be obtained or the owner’s post office or physical
address is unknown.
(2)
The notice must contain the following:
(A)
An identification, which is not required to be a legal description,
of the building and the property on which it is located;
(B)
A description of the violation of this article that is existing at
the building;
(C)
A statement that the city will secure or has secured, as the case
may be, the building; and
(D)
An explanation of the owner’s entitlement to request a hearing
about any matter relating to the city’s securing of the building.
(3)
The city shall conduct a hearing before the city council at which
the owner may testify or present witnesses or written information
about any matter relating to the city’s securing of the building
if, within thirty (30) days after the date the city secures the building,
the owner files with the city secretary a written request for the
hearing. The city shall conduct the hearing within twenty (20) days
after the date the request is filed.
(e)
Method of securing.
The securing of windows, doors,
or any other opening allowing access to an unsecured unoccupied structure
shall be performed with such material and in such a fashion as to
effectively bar entrance to the structure including but not limited
to plywood, lumber, steel, replacement glass, nails, screws, and bolts.
The use of cardboard, tar paper, window and door screens or any other
material that will not effectively prevent entrance shall not be deemed
sufficient in securing a structure.
(Ordinance 12-1112-01, sec. 1.06,
adopted 11/12/12)
If, after the expiration of the time allotted under sections 3.03.005 or 3.03.006, above, the owner fails to satisfy any requirement or mandate set forth therein, the city may:
(1)
Proceed
with the hearing, in the absence of the owner if the city sent the
proper notices and performed the requisite due diligence to ascertain
the owners, lienholders and mortgagees of the property;
(2)
Vacate,
remove, secure or demolish, or cause to be vacated, removed, secured
or demolished, the building and/or relocate the occupants at its own
expense, should the owner fail to do so within the allotted time.
The expense may be assessed as a lien against the property as allowed
by law;
(3)
Repair or cause to be repaired the building only to the extent necessary to bring the structure into compliance with the minimum standards 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 article, and expenses may be assessed, as provided in section 3.03.008 below; or
(4)
Assess
a civil penalty against the property owner for failure to repair,
remove, demolish, or secure the building, as provided herein.
(Ordinance 12-1112-01, sec. 1.07,
adopted 11/12/12)
(a)
General.
If the city does or causes to be done any work pursuant to a city council order, including but not limited to the abatement, repair, demolition, or securing of a structure or lot, or the abatement of any conditions caused by accumulation of refuse, vegetation or other matter, the city may proceed to secure payments for actual costs plus the administrative fee, as described in subsection (b) below, and as otherwise allowed by law. The code official shall keep an itemized account of any expenses incurred in abating, repairing, demolishing, or securing of a structure or lot or in abating any other condition on the property.
(b)
Administrative fee.
In addition to the actual costs
incurred in abating, repairing, demolishing, or securing a structure
or lot, there shall be an administrative fee assessed on each lot,
tract, or parcel of property to cover the actual cost of clerical
work, title searches, publications, and filing fees estimated to be
twenty percent (20%) of the value of the property.
(c)
Fee and due date.
The actual cost of abating, repairing,
demolishing, or securing a structure or lot, or abating any other
condition on the property, plus the attendant administrative fee,
shall become due and payable upon the completion of the repairing,
demolishing, or securing of the structure or other abatement procedure.
The code official shall send by certified mail, return receipt requested,
and an optional second copy by regular mail, an itemized billing to
the owner or owners of record, describing the work done. Any money
recovered by payment of the charge or assessment or from the sale
of property at foreclosure sale, to the extent allowed by law, shall
be paid to the city secretary, who shall credit the same regarding
charges applicable to said property. If after thirty (30) days from
the billing date, payment in full has not been made, then the city
may proceed to collect all monies and fees due by filing a lien upon
real property. All such charges shall bear interest at the rate of
ten percent (10%) per annum from the date the owner of the real property
receives the aforementioned notice of demand for payment of such charges.
The city may bring suit in a court of competent jurisdiction to foreclose
its liens and collect all monies and fees due. The written statement
of such charges, or a certified copy thereof, shall be prima facie
evidence of the city’s claim for charges or right to foreclose
the lien.
(d)
Filing.
The city shall file its notice of lien in the
office of the county clerk of the county where the property is located.
The notice shall contain the name and address of the owner if that
information can be determined with a reasonable effort, a legal description
of the property on which the building was located, the amount of expenses
incurred by the city and the balance due.
(e)
Extinguish lien.
The lien is extinguished if the property
owner or other person having an interest in the legal title to the
property reimburses the city for the expenses.
(f)
Homestead exemption.
Real property protected by the
Texas Constitution as a homestead shall not be subject to assessment
of liens resulting in expenses involved in the abatement, repair,
demolition, or in securing a structure or lot as described in the
process of this article.
(Ordinance 12-1112-01, sec. 1.08,
adopted 11/12/12)
(a)
General.
(1)
Authority.
The code official, or his designee, is hereby
authorized and directed to enforce all provisions of this article.
For such purposes, he is empowered to make interpretations and rulings
of this article.
(2)
Inspections.
For the purpose of ascertaining whether
violations of this article exist, the code official, or his designee,
is authorized to inspect: (A) the exterior of a structure and premises
which contain no structure; and (B) the interior of a structure, if
permission of the owner, occupant, or person in control, is given.
If such entry is refused, the code official shall have every recourse
provided by law, including but not limited to an administrative search
warrant or an injunction to secure entry. If the structure is unoccupied
and open for unauthorized entry or use, and/or the owner, occupant,
or person in control cannot be identified or located, the code official
may enter the property to the extent allowed by law.
(b)
Substandard buildings.
All buildings or portions thereof
which are determined to be substandard as outlined in this article
are hereby declared to be public nuisances and shall be abated by
repair, rehabilitation, demolition, or removal.
(c)
City council determination.
The city council shall provide
a reasonable interpretation of the provisions of this article, to
mitigate specific provisions of this article which create practical
difficulties in their enforcement, and to hear cases and make determinations.
(d)
Violations.
(1)
Criminal.
(A)
A person who violates a provision of this article, or who fails to
perform an act required of him by this article, commits a misdemeanor
offense. A person commits a separate offense each day or portion of
a day during which a violation is committed, permitted, or continued.
(B)
An offense under this article is punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code.
(C)
Allegation and evidence of a culpable mental state is not required
for the commission of an offense under this article.
(2)
Civil.
(A)
The city, in accordance with chapter 54, subtitle B of the Texas
Local Government Code, as amended, may bring a civil action against
a person violating a provision of this article relating to dangerously
damaged or deteriorated structures or improvements or for conditions
caused by accumulations of trash, garbage, refuse, vegetation, or
other matter that creates breeding and living places for insects and
rodents, or other dangerous condition or violation of this article.
(B)
The civil action may include, but is not limited to, a suit to recover
a civil penalty not to exceed one thousand dollars and no/100 ($1,000.00)
for each day or portion of a day during which the violation is committed,
continued, or permitted by the owner or occupant of the property,
as provided in this article.
(C)
The city, by order of the city council, may assess and recover a
civil penalty against a property owner, if the owner fails to take
the requisite action as ordered by the city council, after an administrative
hearing on the matter. The civil penalty may not exceed one thousand
dollars and no/100 ($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 ten dollars and no/100 ($10.00) a day for
each violation, if the city proves:
(D)
A determination by the city council which involves the establishment
of an amount and duration of a civil penalty shall be final and binding
and constitute prima facie evidence of the penalty in any court of
competent jurisdiction in a civil suit brought by the city for final
judgment in accordance with the established penalty.
(E)
To enforce any civil penalty under this section, the city secretary
must file in the district clerk’s office in which the municipality
and property is located, a certified copy of the order of the city
council establishing the amount and duration of the penalty. No other
proof is required for a district court to enter final judgment on
the penalty.
(3)
Other available remedies.
The city shall have all other
available remedies at law and in equity to enforce the provisions
of this article.
(4)
Municipal court proceedings not affected.
Action taken
by the city under this article shall not affect the ability of the
city to proceed under the jurisdiction of the city’s municipal
court.
(Ordinance 12-1112-01, sec. 1.09,
adopted 11/12/12)
(a)
Judicial review.
In accordance with section 214.0012
of the Texas Local Government Code, as amended, any owner, lienholder,
or mortgagee of record jointly or severally aggrieved by any decision
of the city council may present a petition to a district court, duly
verified, setting forth that the decision is illegal, in whole or
in part, and specifying the grounds of the illegality. The petition
must be presented to the court within thirty (30) calendar days after
the date a copy of the final decision of the city council is mailed
by first class mail, certified, return receipt requested, to all persons
to whom notice is required to be sent, as set forth herein, or personally
delivered to said persons. The decision of the city council shall
become final as to each such owner, lienholder or mortgagee upon the
expiration of each such thirty (30) calendar day period unless otherwise
allowed by law.
(b)
Final decision; reconsideration.
If no appeal is taken
from the decision of the city council within the required period,
the decision of the city council shall, in all things, be final and
binding. The city council shall not entertain a reconsideration of
the final order.
(c)
Continuances.
The city council, at its discretion, may
continue or table a matter for consideration if the city council finds
that:
(1)
The owner of the property, lienholder or mortgagee has made reasonable
efforts to obtain information and evidence for the hearing but requires
additional time to secure said information;
(2)
The property is secured from unlawful entry; and
(3)
A delay in the proceedings will not pose a threat or danger to the
general health, safety and welfare of the citizens.
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City staff may request a continuance or a tabling of a matter,
and the city council may continue or table a matter, when deemed to
be necessary and when delay in the proceedings will not pose a threat
or danger to the general health, safety and welfare of the citizens
of the city.
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(Ordinance 12-1112-01, sec. 1.10,
adopted 11/12/12)
No officer, agent or employee of the city shall be held personally
liable for any damage that may accrue to persons or property as a
result of any act required or permitted in the discharge of his duties
under this article. Any suit brought against any officer, agent or
employee of the city, as a result of any act required or permitted
in the discharge of his duties under this article, shall be defended
by the city’s liability carrier and/or the city attorney, whichever
is appropriate, until the final determination of the proceedings herein.
(Ordinance 12-1112-01, sec. 1.11,
adopted 11/12/12)
