[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Editor’s note–Ordinance 17-819, adopted March 20, 2017, repealed former art.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:
Abatement.
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.
Building.
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.
Code enforcement official.
Any person authorized to enforce violations of this article or applicable state codes.
Commercial.
Means a building for the use or occupation of people for:
(1) 
A public purpose or economic gain; or
(2) 
A residence if the building is a multi-family residence that is not defined as residential by this section.
Dangerous building or structure.
Any building or structure that does not comply with the minimum standards under section 5-73 of this chapter.
Habitable space.
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.
Minimum standards.
The minimum standards for continued use and occupancy of a building as set forth in section 5-73 herein.
Occupancy.
A use or intended use assigned to each building or structure.
Owner of record.
Any person, agent, firm, corporation or governmental agency shown to be the owner or owners of a building in:
(1) 
The real property, assumed name, or appraisal district records of the county;
(2) 
The tax and utility records of the city; or
(3) 
The records of the secretary of state.
Public nuisance.
Means:
(1) 
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
(2) 
Any building that creates a hazard to health, safety, comfort or welfare.
Rental property.
A residential property from which the owner receives payment from the occupant(s) in return for occupying or using the property.
Residential.
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.
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.
(3) 
Any building that is boarded up, fenced or secured if:
a. 
The building constitutes a danger to the public health, safety and welfare, even though secured from entry; or
b. 
The means used to secure the building are inadequate to prevent unauthorized entry or use of the building.
(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:
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.
DATE: ________________
(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.
(c) 
Applicability.
This provision applies only to buildings that are considered not to meet the minimum standards defined in section 5-73 herein. This section does not affect the ability of a municipality to proceed under the jurisdiction of the municipal court.
(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
(2) 
If it is determined that the order provided for in subsection (1) above is not sufficient to protect the public health, safety or welfare, an order may be issued to repair, demolish or remove the building within a reasonable time.
(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:
a. 
The street address or legal description of the property;
b. 
The date the hearing was held;
c. 
A brief statement indicating the results of the hearing and the contents of the order; and
d. 
Instructions stating where a complete copy of the order may be obtained.
(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.
(d) 
In addition to subsections (b) and (c) above, the city may assess and recover a civil penalty against a property owner at the time of the hearing for violations of this article, pursuant to Texas Local Government Code section 214.0015.
(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)
(a) 
If the city commission finds that a building or structure, or part of a building or structure, is likely to endanger persons or property, the city commission may:
(1) 
Order the owner of the building or structure, the owner's agent, or the owner or occupant of the property on which the building or structure is located to repair, remove, or demolish the structure, or the part of the building or structure, within a specified time; or
(2) 
Repair, remove, or demolish the building or structure, or part of the building or structure, at the expense of the city, on behalf of the owner of the building or structure or the owner of the property on which the building or structure is located, and assess the repair, removal, or demolition expenses on the property on which the building or structure is located.
(b) 
The city shall promptly mail, by certified mail, a copy of any order issued pursuant to Section 5-87(a) to the owner of the building or structure, the owner's agent, and/or the owner or occupant of the property. Should the person to whom the order is sent fail to comply with said order, the person shall be punished as provided in Section 5-82 of this code.
(c) 
The city shall promptly mail, by certified mail, a statement of expenses incurred by the city pursuant to Section 5-87(a)(2) to the owner of the building or structure, the owner's agent, and/or the owner or occupant of the property. Should the person to whom such statement is sent fail to pay the city in full with a time specified on the statement, the city's expenses shall be assessed against the owner of the property on which the building or structure is located as provided in Section 5-84 of this code.
(d) 
The appeal provisions provided by Section 5-81 of this code do not apply to an order issued under this Section 5-87.
(Ordinance 25-917 adopted 4/29/2025)