(a)
Pursuant
to the authority granted to the city in Texas Local Government Code,
chapter 214, the city adopts this division to require the vacation,
relocation of occupants, securing, repair, removal, or demolition
of a building which has any or all of the conditions or defects hereinafter
described:
(1)
Dilapidated, substandard, or unfit for human habitation and a hazard
to the public health, safety, and welfare;
(2)
Regardless of its structural condition, unoccupied by its owners,
lessees, or other invitees and is unsecured from unauthorized entry
to the extent that it could be entered or used by vagrants or other
uninvited persons as a place of harborage or could be entered or used
by children; or
(3)
Boarded up, fenced, or otherwise secured in any manner if:
(b)
All
buildings described in subsections (1) through (3) above are hereby
declared illegal and shall be abated by repair, rehabilitation, or
by demolition.
(Ordinance 2016-03, sec. 2, adopted 2/2/16)
(a)
The
standards set forth elsewhere in this chapter shall apply to all buildings
in the city regardless of the date of their construction and these
standards shall be used by the construction board of appeals, hereinafter
“commission”, in determining whether a building should
be declared unsafe and ordered vacated, secured, repaired, removed,
demolished, and/or the occupants relocated. Examples include, but
are not limited to:
(1)
The building, structure, or any part thereof is liable to partially
or fully collapse.
(2)
The structure or any part thereof was constructed or maintained in
violation of any provision of the city’s building code, or any
other applicable ordinance or law of the city, county, state or federal
government.
(3)
Any wall or other vertical structural members list, lean, or buckle
to such an extent that a plumb line passing through the center of
gravity falls outside of the middle third (1/3) of its base.
(4)
The foundation or the vertical or horizontal supporting members are
twenty-five (25) percent or more damaged or deteriorated.
(5)
The non-supporting coverings of walls, ceilings, roofs, or floors
are fifty (50) percent or more damaged or deteriorated.
(6)
The structure has improperly distributed loads upon the structural
members, or they have insufficient strength to be reasonably safe
for the purpose used.
(7)
The structure or any part thereof has been damaged by fire, water,
earthquake, wind, vandalism, or other cause to such an extent that
it has become dangerous to the public health, safety, or welfare.
(8)
The structure or any part thereof has inadequate means of egress
as required by the city’s building code.
(9)
The structure does not have adequate light, ventilation, or sanitation
facilities as required by the city’s building code and plumbing
code.
(10)
The structure has parts thereof which are so attached that they may
fall and injure persons or property.
(b)
Minimum standards.
The minimum standards that shall
determine the suitability of a building for continued use or occupancy,
regardless of the date of construction, are those found in the city’s
adopted standard codes found in this chapter, including but not limited
to building, electrical, plumbing, gas, mechanical, existing buildings,
property maintenance and fire prevention codes.
(Ordinance 2016-03, sec. 2, adopted 2/2/16)
(a)
In
the event the city’s building inspector determines that there
are reasonable grounds to believe that a building or any part thereof
violates the standards set forth above, he shall take the following
acts:
(1)
Notify the owner of the building and any interested lienholder or
mortgagee of his determination in reasonable detail to enable the
owner to commence repairs as may be needed. The notice shall be sent
certified mail with return receipt requested, using signature confirmation
service, or by personal delivery, to the owner at the address as shown
on the city tax records and to any person who holds a lien or mortgage
on the property in question;
(2)
He shall request a public hearing before the commission to determine
whether there exists a violation of this division;
(3)
He shall include in his notice the date, time, and location of the
hearing before the commission; and
(4)
He shall include in the notice sent to the owner, lienholder and
mortgagee a statement that the owner, lienholder or mortgagee shall
be required to submit at the public hearing proof of the scope of
any work that may be required to comply with this division and the
time it will take to reasonably perform the work.
(b)
The
building inspector may seek voluntary compliance with this division
with the owner, lienholder or mortgagee of the building or structure
before seeking a hearing before the commission. If the building inspector
receives voluntary compliance from the owner, lienholder or mortgagee,
the building inspector need not seek a public hearing from the commission.
(Ordinance 2016-03, sec. 2, adopted 2/2/16)
(a)
In
conducting a hearing authorized under this division, the commission
shall require the owner, lienholder, or mortgagee of the building
to within 30 days:
(b)
If
the commission allows the owner, lienholder, or mortgagee more than
30 days to repair, remove, or demolish the building, the commission
shall establish specific time schedules for the commencement and performance
of the work and shall require the owner, lienholder, or mortgagee
to secure the property in a reasonable manner from unauthorized entry
while the work is being performed.
(Ordinance 2016-03, sec. 2, adopted 2/2/16)
The commission may not allow the owner, lienholder, or mortgagee
more than 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 reasonably be completed within
90 days because of the scope and complexity of the work.
(Ordinance 2016-03, sec. 2, adopted 2/2/16)
If the commission allows the owner, lienholder, or mortgagee
more than 90 days to complete any part of the work required to repair,
remove, or demolish the building, the commission shall require the
owner, lienholder, or mortgagee to regularly submit progress reports
to the city manager to demonstrate compliance with the time schedules
established for commencement and performance of the work. The order
may require that the owner, lienholder, or mortgagee appear before
the commission or the commission’s designee to demonstrate compliance
with the time schedules.
(Ordinance 2016-03, sec. 2, adopted 2/2/16)
If the owner, lienholder, or mortgagee owns property, including
structures or improvements on property, within the city that exceeds
$100,000.00 in total value, the commission 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 section. In lieu of a bond, the commission 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 commission. The bond must be posted, or the letter
of credit or third party guaranty provided, not later than the 30th
day after the date the commission issues the order.
(Ordinance 2016-03, sec. 2, adopted 2/2/16)
In a public hearing to determine whether a building complies
with the standards set out in this division, 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 division and the time
it will take to reasonably perform the work.
(Ordinance 2016-03, sec. 2, adopted 2/2/16)
(a)
After
the public hearing, if the building is found in violation of the standards
set out above, the commission may:
(b)
After
the public hearing at which a building is found in violation of this
division, the city manager shall personally deliver, or send by certified
mail, return receipt requested, or deliver by United States Postal
Service using signature confirmation service, to each identified mortgagee
and lienholder a notice stating:
(1)
An identification, which is not required to be a legal description,
of the building and the property on which it stands;
(2)
A description of the violation of the standards set forth above that
is present at the building; and
(3)
A statement that the city will vacate, secure, remove, or demolish
the building or relocate the occupants of the building if the ordered
action is not taken within a reasonable time.
(Ordinance 2016-03, sec. 2, adopted 2/2/16)
(a)
(b)
After
the hearing, the city manager shall promptly mail by certified mail,
return receipt requested, or personally deliver a copy of the order
to the owner of the building and to any lienholder or mortgagee of
the building. The city manager shall use its best efforts to determine
the identity and address of any owner, lienholder, or mortgagee of
the building.
(Ordinance 2018-05, sec. 6, adopted 4/3/18)
If the building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time, the city may vacate, secure, remove, or demolish the building or relocate the occupants at its own expense. This section does not limit the ability of the city to collect on a bond or other financial guaranty that may be required by section 6.03.007.
(Ordinance 2016-03, sec. 2, adopted 2/2/16)
(a)
If the city incurs expenses under sections 6.03.010 and/or 6.03.011, the city may assess the expenses on, and the city has a lien against, unless it is a homestead as protected by the state constitution, the property on which the building was located. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the city for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the county clerk. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the city, and the balance due.
(Ordinance 2016-03, sec. 2, adopted 2/2/16)
(a)
The
city’s agents satisfy the requirements of this division to make
a diligent effort, to use their best efforts, or to make a reasonable
effort to determine the identity and address of an owner, a lienholder,
or a mortgagee if they search 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.
(b)
When
an agent of the city mails a notice in accordance with this division
to a property owner, lienholder, or mortgagee and the United States
Postal Service returns the notice as “refused” or “unclaimed,”
the validity of the notice is not affected, and the notice is considered
delivered.
(Ordinance 2016-03, sec. 2, adopted 2/2/16)
Any appeal of a commission order must be filed with a court
of competent jurisdiction within 20 days after the notice of the order
is either personally delivered or deposited in the United States mail
addressed to the owner, lienholder, or mortgagee by certified mail,
return receipt requested.
(Ordinance 2016-03, sec. 2, adopted 2/2/16)
In addition to the authority granted to the commission above,
the commission may assess a civil penalty against the property owner
for failure to repair, remove, or demolish the building. To secure
the payment of the civil penalty, there is hereby imposed a lien against
the land on which the building stands or stood, unless it is a homestead
as protected by the state constitution. Promptly after the assessment
of the civil penalty, the city manager must file for record, in recordable
form in the office of the county clerk of the county in which the
land is located, a written notice of the imposition of the lien. The
notice must contain a legal description of the land.
(Ordinance 2016-03, sec. 2, adopted 2/2/16)
Except as provided above, the city’s lien to secure the
payment of a civil penalty is inferior to any previously recorded
bona fide mortgage lien attached to the real property to which the
city’s lien attaches if the mortgage lien was filed for record
in the office of the county clerk of the county in which the real
property is located before the date the civil penalty is assessed.
The city’s lien is superior to all other previously recorded
judgment liens.
(Ordinance 2016-03, sec. 2, adopted 2/2/16)
Any civil penalty or other assessment imposed under this division
accrues interest at the rate of 10 percent a year from the date of
the assessment until paid in full.
(Ordinance 2016-03, sec. 2, adopted 2/2/16)
The commission by order may assess and recover a civil penalty
against a property owner at the time of an administrative hearing
on violations of an ordinance, in an amount not to exceed $1,000.00
a day for each violation or, if the owner shows that the property
is the owner’s lawful homestead, in an amount not to exceed
$10.00 a day for each violation, if the city proves:
(1)
The
property owner was notified of the requirements of the ordinance and
the owner’s need to comply with the requirements; and
(2)
After
notification, the property owner committed an act in violation of
the ordinance or failed to take an action necessary for compliance
with the ordinance.
(Ordinance 2016-03, sec. 2, adopted 2/2/16)
An assessment of a civil penalty under this division is final
and binding and constitutes prima facie evidence of the penalty in
any suit brought by the city in a court of competent jurisdiction
for a final judgment in accordance with the assessed penalty.
(Ordinance 2016-03, sec. 2, adopted 2/2/16)
Promptly after the assessment of the civil penalty, the city clerk must file with the district clerk of the county a certified copy of an order issued under section 6.03.018 stating the amount and duration of the penalty. No other proof is required for a district court to enter a final judgment on the penalty.
(Ordinance 2018-05, sec. 6, adopted 4/3/18)
The city may utilize all codes adopted under this chapter for
the purpose of establishing rules and regulations governing the repair
and removal of dangerous buildings in the city, effective immediately.
(Ordinance 2016-03, sec. 2, adopted 2/2/16)
