[1]
Editor’s note–Ordinance 17-819, adopted March
20, 2017, repealed former art. V, secs. 5-71–5-83, and enacted
a new art. V as set out herein. Former art. V pertained to similar
subject matter and derived from Ordinance 690, adopted Sept. 22, 2004.
The words and phrases contained herein shall have the following
meaning ascribed to them unless the context states otherwise:
Any action the city may take on public or private property
and any adjacent property as may be necessary to remove or alleviate
a nuisance, including, but not limited to, demolition, removal, repair,
boarding and securing or replacement of property.
Includes, but is not limited to, any shed, garage, house,
manufactured or modular home, mobile home, trailer, or tent, intended
for business, shelter, housing or enclosure of persons, animals, movable
property including household goods, inventory, records, furniture,
fixtures, and equipment or other building whatever, wherever located
within the city. When separated by dividing walls without openings,
each portion of such building so separated will be deemed a separate
occupancy.
Any person authorized to enforce violations of this article
or applicable state codes.
Means a building for the use or occupation of people for:
Any building or structure that does not comply with the minimum standards under section 5-73 of this chapter.
Means the space in a building for living, sleeping, eating
or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility
spaces, and similar areas are not considered habitable spaces.
The minimum standards for continued use and occupancy of a building as set forth in section 5-73 herein.
A use or intended use assigned to each building or structure.
Any person, agent, firm, corporation or governmental agency
shown to be the owner or owners of a building in:
Means:
Whatever is dangerous to human life or health; whatever renders
the ground, water, air or food hazardous to human life, or health,
or that is offensive to the senses; or that is or threatens to become
detrimental to the public health; or
Any building that creates a hazard to health, safety, comfort
or welfare.
A residential property from which the owner receives payment
from the occupant(s) in return for occupying or using the property.
Means having the character of a detached one-family or two-family
dwelling or a multiple single-family dwelling that is not more than
three stories high with separate means of egress, including the accessory
structures of the dwelling, and that does not have the character of
a facility used for the accommodation of transient guests or a structure
in which medical, rehabilitative, or assisted living services are
provided in connection with the occupancy of the structure.
A building of any kind or any piece of work built or composed
of parts joined together in some definite manner. Anything constructed
or erected, the use of which requires more or less permanent location
on the ground or attached to something having a permanent location
on the ground, including but not limited to any building, fence, awning,
canopy, shed, garage, house, manufactured or modular home, mobile
home, trailer, tent, advertising signs, billboards, lighting standards,
or other structure whatever, wherever located within the city.
(Ordinance 17-819 adopted 3/20/17)
(a)
This
article is adopted pursuant to chapter 214 of the Local Government
Code.
(b)
It shall be unlawful for any owner, occupant, or other person in control of a building to allow that building to be in a condition that does not conform to the minimum standards, generally applicable to buildings within the city, as defined in section 5-73(a), below.
(c)
It shall be unlawful for an owner of any building that is rental property, as defined herein, to allow the rental property to be in a condition that does not conform to the minimum standards applicable to rental property within the city, as defined in section 5-73(b), below.
(d)
Any building
that does not conform to the minimum standards is hereby declared
to be a public nuisance and shall be abated by vacation, relocation
of occupants, repair, demolition, or removal, as necessary upon the
issuance of an order to abate in accordance with the procedures specified
in this article.
(Ordinance 17-819 adopted 3/20/17)
(a)
In general.
A building is considered not to meet the minimum standards of
the city for continued use and occupancy of a building, regardless
of its date of construction, under any of the following conditions:
(1)
Any
building that is dilapidated, substandard, or unfit for human habitation
and a hazard to public health, safety and welfare, including, but
not limited to:
a.
Any
building with roof, ceiling, floors, walls, sills, windows, or foundation
or any combination thereof, rotted or decayed, and falling apart;
or that is uninhabitable due to obsolescence and deterioration caused
by neglect, vandalism, fire damage, old age, or the elements;
b.
Any
building intended for human occupancy that is in danger of falling
and injuring persons or property;
c.
Any
building that is a fire menace because it is in a dilapidated condition,
as described in subsections (1)a. and b. above, or that is likely
to become a fire menace or be set on fire;
d.
Any
building that is in unsanitary condition and is likely to create disease
because of the presence of insects, rodents or vermin;
e.
Any
building that is damp and in unsanitary condition and is likely to
create disease and sickness because of being in the condition as described
under subsection (1)a., b., c. or d. above, or for other reasons;
f.
Any
building or structure occupied by humans that does not have an authorized
and valid utility account with the city, and, in operating condition,
a connection to potable water at adequate pressure, a connection to
discharge sewage from the structure or land into a public sewer system
or an approved private septic system, and:
1.
For residential buildings, a kitchen sink, bathtub or shower, a lavatory
connected to a cold and hot water source, [and] a toilet connected
to a water source and a public sewer system or an approved private
septic system.
2.
For commercial buildings, a lavatory connected to a cold and hot
water source, [and] a toilet connected to a water source and to a
public sewer or approved private septic system.
(2)
Any
building that is not occupied by its owners, lessees or other invitees
and is not secure from unauthorized entry so that it could be entered
or used by uninvited persons or children regardless of its structural
condition.
(b)
Rental
property.
Rental property is considered not to meet the minimum standards of the city for continued use and occupancy of a building, regardless of its date of construction, if any of the conditions under subsection (a), above, exist or if the property is dilapidated, substandard, or unfit for human habitation and a hazard to public health, safety and welfare, for any other reason including, but not limited to:
(1)
The
rental property does not contain a minimum floor area of at least
one hundred fifty (150) square feet of floor space for one occupant
and one hundred (100) square feet of floor space for each additional
occupant;
(2)
The
rental property has holes, cracks or other defects in it, or does
not have railings for stairs, steps, balconies, porches, and elsewhere
from a walking surface to a lower surface more than 30 inches below,
thereby constituting a danger to persons or property;
(3)
The
rental property is not weathertight and watertight, or does not have
a moisture-resistant finish or material for the flooring or subflooring
of each bathroom, shower room and toilet room;
(4)
The
rental property does not have, in operating condition, heating equipment
capable of maintaining a minimum inside temperature of 68 degrees
Fahrenheit at a point 3 feet above the floor and 2 feet from the exterior
walls, within the habitable space of the building between November
1 and April 15 of each year in all habitable rooms. The installation
of one or more portable electric heaters shall not be used to achieve
compliance with this section;
(5)
The
rental property does not have exterior windows and doors that are
easily opened to provide air ventilation and are covered with screens
for keeping out insects at each opening of the structure, or air conditioning
equipment capable of maintaining a maximum inside temperature of 85
degrees Fahrenheit or twenty degrees lower than the outside temperature,
whichever is warmer, between April 16 and October 31 of each year;
or
(6)
The
rental property does not have operating supply lines for electrical
service, if electrical service is available within three hundred (300)
feet of the building, or does not have operating electrical circuits
and outlets sufficient to safely carry a load imposed by normal use
of appliances and fixtures.
(Ordinance 17-819 adopted 3/20/17)
(a)
The city
manager or any of the city’s designated code enforcement officials
shall have the authority and powers necessary to gain compliance with
the provisions of this article and all other ordinances of the city
relating to conditions on property. Such powers include the power
to issue notices of violation, issue citations, inspect public and
private property and use whatever judicial and administrative remedies
available under this article or applicable state laws. The city manager
and the city’s code enforcement officials are authorized to
enter upon any property or premises to ascertain whether the provisions
of this article or applicable state codes and statutes are being obeyed,
and to make any examinations and surveys as may be necessary in the
performance of their enforcement duties. Such duties may include the
taking of photographs, samples or other physical evidence.
(b)
Any code
enforcement official shall have the authority to issue citations for
any violation of this article and all other ordinances of the city
relating to conditions on property. If the person being cited is not
present, the code enforcement official may send the citation to the
alleged offender by certified mail, return receipt requested. If a
person who receives a citation by personal service or as provided
under this subsection fails to appear on the return date of the citation,
the court may issue a warrant for the person’s arrest for the
violation described in the citation.
(c)
It shall
be unlawful for any person to interfere with a code enforcement official
in the performance of his or her duties under this article.
(Ordinance 17-819 adopted 3/20/17)
(a)
The city
may immediately secure a building that it determines does not meet
the minimum standards and is unoccupied or occupied only by persons
who do not have a right to possess the building according to the procedures
contained in this section.
(b)
Notice.
Before the 11th day after the date the building is secured according to subsection (a), above, the city shall give notice to the owner of record 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 last known post office address;
(3)
Publishing
the notice at least twice within a ten-day period in a newspaper of
general circulation in the city if personal service cannot be obtained
and the owner’s post office address is unknown; or
(4)
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.
(c)
Contents
of notice.
The notice shall contain identification of
the building and the property on which it is located, a description
of the existing violation(s) of the minimum standards, and a statement
that the municipality will secure or has secured the building.
(d)
Hearing.
The notice shall also state that the owner may request a hearing
about any matter related to the city securing the building, such request
being made within thirty (30) days after the date the city secures
the building, and that if such a hearing is requested, it shall be
held pursuant to Texas Local Government Code section 214.011(e) and
heard by the board of commissioners.
(Ordinance 17-819 adopted 3/20/17)
(a)
Inspection.
The city manager shall designate a code
enforcement official or inspecting official to inspect or cause to
be inspected any building or structure the official has probable cause
to believe does not meet the minimum standards. If an owner, occupant,
agent, or person in control of the premises refuses permission to
enter or inspect, the code enforcement official, first authorized
by the city manager, may seek an administrative search warrant as
provided for by Texas Code of Criminal Procedure article 18.05, unless
an exception to the warrant requirement exists. All inspections, entries,
examinations and surveys shall be done in a reasonable manner.
(b)
Determination.
After completing the inspection, the
inspecting official shall determine if the building is a dangerous
building, as defined herein.
(c)
Notice of abatement.
After an initial determination that a building is a dangerous building, the inspecting official shall notify the owner of record of the building, as provided in subsection (d), of the nature of the violation(s) of the minimum standards. The inspecting official shall also notify the owner of record of the building that the building is dangerous and that the owner must vacate and/or repair, demolish, or remove the building for the good of the public health, safety, and welfare. A notice shall be posted on the dangerous building as follows:
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THIS BUILDING IS DANGEROUS ACCORDING TO THE MINIMUM STANDARDS
SET FORTH IN THE OFFICIAL CODE OF THE CITY, CHAPTER 5, ARTICLE V AND
THE OWNER MUST REPAIR DEMOLISH OR REMOVE IT. CONTACT ________ AT ________
FOR FURTHER INFORMATION.
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DATE: ________________
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(d)
Method of providing notice.
The inspecting official
shall give notice 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 last known address, which shall be delivered
by certified mail, return receipt requested and first-class mail;
(3)
Publishing the notice at least twice within a ten-day period in a
newspaper of general circulation in the city if personal service cannot
be obtained and the owner's post office address is unknown; or
(4)
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.
(e)
Request for hearing before the city commission.
If the
owner does not reply or take action within fifteen (15) days from
the date the notice was mailed, the inspecting official may request
that a public hearing be held before the city commission to determine
whether the building complies with the minimum standards as set forth
in this article. The city commission shall then order a public hearing.
(1)
If a public hearing is ordered, the inspecting official shall make
a diligent effort to discover the identity and address of the owner(s)
of record and any lienholders or mortgagees of the building and the
underlying property. Due diligence will include searching the following
records for information on the property owner or lienholder:
(A)
Eastland County real property records;
(B)
Records of the Eastland County Appraisal District;
(C)
Records of the Secretary of State, if the property owner or
lienholder is a corporation, partnership, or other business association;
(D)
Assumed name records of Eastland County;
(E)
Tax records of Eastland County; and
(F)
Utility records of the City of Eastland.
(2)
The inspecting official shall notify each owner, lienholder, or mortgagee
by certified mail, return receipt requested, no later than ten (10)
days prior to the date of the public hearing, and notify any unknown
owners by posting a copy of the notice on the front door of each improvement
situated on the affected property, or as close to the front door as
practicable, that a public hearing will be held in reference to the
building and that any interested party may appear at the public hearing,
be heard, and present evidence in reference to the condition of the
building. The notice shall further advise the owner, lienholder, mortgagee
or unknown owner that he will have the burden of proof at such hearing
and will be required to submit at the hearing proof of the scope of
any work that may be required to make the building comply with this
article and the amount of time it will take to reasonably perform
the work.
(3)
The city will publish notice of the public hearing in a newspaper
of general circulation in the city no later than ten (10) days prior
to the date of the public hearing. The city may also file a notice
of the public hearing in the official public records of the county.
The published notice must contain the name and address of the owner
of the real property (if it can be determined from a reasonable search
of county records), a legal description of the affected property,
and a description of the proceeding, including the date, location
and time of the public hearing.
(Ordinance 17-819 adopted 3/20/17; Ordinance
22-894 adopted 7/17/2023)
(a)
Setting
hearing.
Upon the request of the city manager or the
code enforcement official for a public hearing, the board of commissioners
shall set a date and time for the hearing and shall provide notice
of the hearing as may be required by law. The board of commissioners
shall conduct its activities and enforce this article in accordance
with the provisions of the Local Government Code.
(b)
Powers
and duties.
The board of commissioners shall have the
power and duty to:
(1)
Require
the reduction in occupancy load of an overcrowded structure or vacation
of a structure that is hazardous to the health, safety and welfare
of the occupants;
(2)
Permit
the repair of a substandard structure as an alternative to demolition
of the structure;
(3)
Require
the demolition of structures found to be substandard;
(4)
Require
the removal of personalty from a structure ordered vacated or demolished.
Removal may be accomplished by use of city forces or a private transfer
company if the owner of the personalty is not known, the whereabouts
of the owner cannot be ascertained or the owner fails to remove the
personalty. The board of commissioners may cause any personalty removed
to be stored in the care and custody of a bonded warehouse facility.
Cost of removal and storage is the responsibility of the owner of
the personalty;
(5)
Require
that a vacant structure or vacant portion of the structure constituting
a hazard be securely closed and made safe;
(6)
Grant
a variance when, in the opinion of the board of commissioners, a literal
interpretation of the city’s housing standards regulations would
result in an imposition of an unnecessary or unreasonable hardship;
(7)
Interpret
the provisions of this article in a way so as to carry out their intent
and purpose.
(Ordinance 17-819 adopted 3/20/17)
The city may bring an action in district court against an owner
of residential property that is not in substantial compliance with
the minimum standards and request the appointment of a receiver for
purposes of rehabilitating the property pursuant to Texas Local Government
Code section 214.003.
(Ordinance 17-819 adopted 3/20/17)
(a)
If it
is found at the public hearing that a building is in violation of
the minimum standards, one of the following orders or any combination
thereof may be issued by the board of commissioners:
(1)
An
order to secure or vacate the building and relocate occupants; or
(b)
The city shall promptly mail by certified mail, return receipt requested, a copy of any order issued pursuant to subsection (a) of this section, to the owner of record of the building and to any lienholder or mortgagee along with a notice containing an identification of the building and the property on which it is located; a description of the violation(s) of the minimum standards; [and] a statement that the municipality will secure, vacate, repair, remove or demolish the building if the ordered action is not taken by the owner within a reasonable time.
(c)
The order
shall allow the owner 30 days to complete the ordered action, unless
it is determined from the evidence presented at the public hearing
that additional time is required. If more than thirty (30) days are
allowed to repair, remove or demolish the building, specific time
schedules shall be established for the commencement and performance
of the work.
(d)
The order shall also state that any lienholders or mortgagees of the building and/or the underlying property shall have an additional 30 days to complete the ordered action if the owner fails to comply within the time allotted in subsection (c) above.
(e)
The owner,
lienholder or mortgagee may not be allowed more than ninety (90) days
to complete any part of the work required, remove or demolish the
building unless the requirements of Texas Local Government Code section
214.001(k) are met.
(Ordinance 17-819 adopted 3/20/17)
Within ten (10) days following the date that an order is issued,
the city shall:
(1)
File
a copy of the order in the office of the city secretary; and
(2)
Publish
in a newspaper of general circulation in the city a notice containing
the following:
(Ordinance 17-819 adopted 3/20/17)
Any owner, lienholder or mortgagee of record of a property jointly
or severally aggrieved by any order issued under this article shall
be entitled to judicial review in district court. A petition must
be filed in district court by an owner, lienholder or mortgagee within
thirty (30) calendar days after the date of delivery of said order
pursuant to Texas Local Government Code section 214.0012. The petition
must be verified, set forth that the decision of the board of commissioners
was illegal, in whole or in part, and specify the grounds of the illegality.
(Ordinance 17-819 adopted 3/20/17)
(a)
Criminal
violations.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
article. A violation of any of the provisions or failure to comply
with any of the mandatory requirements of this article shall constitute
a Class C misdemeanor punishable by the maximum fine allowed by law
and authorized by state statutes or other provisions of this article.
Each such person may be charged with a separate offense for each and
every day, or portion thereof, during which any violation of any provision
of this article is committed, continued or permitted by such person
and shall, upon conviction, be punished accordingly.
(b)
Civil
violations.
In addition to any other remedy provided
by this code, any provision of this article or applicable state law
may be enforced by injunction issued by a court of competent jurisdiction
upon a suit brought by the city. As part of a civil action filed to
enforce provisions of this code, a court may assess a maximum civil
penalty as allowed by law per violation of this article or state law
for each day during which any person commits, continues, allows or
maintains a violation of any provision of this article or state law.
(c)
Recovery
of civil penalties.
The city manager may collect all
civil penalties and related administrative costs by the use of all
appropriate legal means, including referral to the city attorney,
the recordation of a code enforcement lien pursuant to the procedures
set forth in this article and state law, and the filing of a court
action to recover such penalties and costs.
(Ordinance 17-819 adopted 3/20/17)
(a)
The following defenses apply only to the assessment of a penalty as provided in section 5-82 herein. They do not alter any other requirements in this article or prevent any other enforcement remedies or procedures available to the city.
(b)
It is
a defense to section 5-73(1)(J) and (K) [5-73(b)(4) and (5)] of this
article that:
(1)
Failure
to maintain heating and air conditioning equipment in compliance with
those subsections was the direct result of an act of nature or other
cause beyond the reasonable control of the owner and the owner is
making diligent efforts to repair the heating and air conditioning
equipment in compliance with those subsections; or
(2)
A
written contract is in effect requiring the tenant to provide and
maintain the heating and air conditioning equipment in the structure,
and the owner has provided utility connections for such equipment
in compliance with the building regulations of the city.
(Ordinance 17-819 adopted 3/20/17)
(a)
All expenses
of vacating, securing, repairing, removing, demolishing, or relocation
of occupants of a building are the responsibility of the owner of
the property.
(b)
If an
owner or other interested party does not vacate, secure, repair, remove,
demolish, or relocate occupants of a building within the time allotted
in an order issued pursuant to this article, the city may take the
ordered action at its expense at the direction of the city manager.
If the city repairs the building, such repairs shall only be to the
extent required to meet minimum standards and only if the building
is a residential building with ten or fewer dwelling units.
(c)
As an alternative to subsection (b), a civil penalty may be assessed against the property owner for failure to repair, remove or demolish the building. A notice of penalty shall be mailed by certified mail, return receipt requested, to the property owner advising the amount and duration of the penalty, the date on which it is due, and notice that failure to pay said penalty shall result in a lien being placed on the property.
(e)
Any expenses incurred by the city pursuant to subsection (b), and any civil penalties incurred by the owner pursuant to subsections (c) and (d), will be assessed as a lien against the property on which the building stands or stood. The city shall have a privileged lien upon filing same in the official public records of Eastland County subordinate only to tax liens against the property unless it is a homestead as protected by the Texas Constitution. The lien will be extinguished if the property owner or other interested party reimburses the city for all expenses and penalties, plus interest.
(f)
Any civil
penalty or other assessment imposed under this section accrues interest
at the rate of ten percent a year from the date of the assessment
until paid in full, pursuant to Texas Local Government Code section
214.0015.
(Ordinance 17-819 adopted 3/20/17)
(a)
Upon
a determination by the board of commissioners that a certain property
has value to the city and if the owner agrees, the city may take possession
of property on which there is located a building that the owner has
been ordered to demolish; this requires conveyance of the property
by deed to the city and may require payment by the property owner
for some portion of the demolition and disposal or the administrative
costs associated with the conveyance and demolition. The terms of
this type of agreement must be reduced to writing, to be signed by
both parties, and approved and accepted by the board of commissioners
prior to conveyance.
(b)
The city
may acquire ownership of the property on which demolition and waste
removal is required due to financial inability of the owner to perform
such demolition and/or waste removal. Prior to demolition and disposing
of waste, the donor (property owner) must provide clear evidence of
the financial inability to demolish any dangerous structure and dispose
of the waste located on the property. Any person wishing to convey
property to the city under this section must provide a sworn statement
and financial documentation sufficient to establish the financial
inability to demolish the structure and dispose of the waste. The
terms of this type of agreement must be reduced to writing, to be
signed by both parties, and approved and accepted by the board of
commissioners.
(Ordinance 17-819 adopted 3/20/17)
No officer, agent or employee of the city shall render himself
personally liable for any damage that may accrue to any person or
property as a result of any act required or permitted in the discharge
of his duties under this article.
(Ordinance 17-819 adopted 3/20/17)
