(a) 
Any building, fence, shed, awning or any property constructed or erected of any kind, or any part thereof, which is liable to fall down and/or endanger persons or property, or is a fire hazard, or is a dangerous structure, which is located within this city, or whenever any property shall, from age, neglect or faulty construction, become dangerous or dilapidated or unsightly, the same shall be a public nuisance, and upon complaint being made to the community development director, such public nuisances shall be abated, as hereinafter provided.
(b) 
All buildings or structures or premises which:
(1) 
Are structurally unsafe;
(2) 
Do not provide adequate ingress and egress;
(3) 
Constitute a fire hazard;
(4) 
Are otherwise dangerous to human life; or
(5) 
In relation to the use of other existing property constitute a hazard to safety, health or public welfare, by reason of inadequate maintenance or dilapidation or obsolescence, or abandonment;
are declared to be dangerous structures and the same shall be a public nuisance, and upon complaint being made to the community development director, such nuisance shall be abated, repaired, rehabilitated, demolished or removed in accordance with the procedure specified in this article.
(c) 
All yards or premises surrounding any building on which any of the following items, namely trash, cans, bottles, boxes, debris, refuse, junk or other unused personal property, is permitted to accumulate and which tend to:
(1) 
Block ingress or egress to the premises;
(2) 
Block passage through the premises;
(3) 
Pollute the atmosphere;
(4) 
Are dangerous to the health and welfare of the community;
(5) 
Create a fire hazard; and/or
(6) 
Are dilapidated or unsightly;
the same shall be a public nuisance, and upon complaint being made to the community development director , such nuisance shall be abated by rehabilitation, removal, demolition, or repair in accordance with the procedures specified below.
(d) 
The provisions of subchapter C, chapter 54, Texas Local Government Code, are hereby adopted for the city. The provisions of this article shall be applied in accordance with the requirements of subchapter C. The zoning board of adjustment of the city is hereby appointed as the building and standards commission for the city to hear and determine cases concerning alleged violations of this article. The provisions of section 54.033 of the Texas Local Government Code shall apply to the zoning board of adjustment while sitting as a building and standards commission under this article.
(1996 Code, sec. 3.201; Ordinance 14/018 adopted 7/1/14; Ordinance adopting Code)
(a) 
Any resident of the city or any employee of the city who observes any public nuisance defined in section 3.03.001 hereof may make a complaint about such nuisance to the community development director of the city.
(b) 
The community development director or his representative shall observe and examine every building, structure, premises, or portion thereof upon which such complaint has been made, and if it be found to be a public nuisance as defined in this article, the community development director shall give the owner or occupant of such premises, building or structure written notice stating the defects and objections and the violations of this article upon which complaint has been made. Such notice shall be sent to the owner or occupant by delivering such notice in person or sending such notice by registered or certified mail, and such notice shall require the owner or occupant to commence the required demolition, improvement or repairs or the removal of such debris, building or portion thereof or structure within three (3) days from the date such notice is delivered to the owner or occupant of said premises or deposited in the mail to him. Such notice shall also require that all work to eliminate the violation shall be completed within thirty (30) days from the date of such notice unless otherwise stipulated by the community development director. If the community development director finds that such structure or portion thereof is dangerous to the life or health of the person or persons occupying the same, the community development director may require that such structure, building or premises be vacated until the required changes, repairs, demolition or improvements are completed, inspected, and approved by the community development director.
(c) 
In case the owner or occupant shall fail, neglect or refuse to comply with the notice of the community development director to repair, rehabilitate or demolish the building, structure, or portion thereof, or to rehabilitate the premises described in such notice, or appeal therefrom within five (5) days, the community development director may file a complaint with the city court charging the owner or occupant of such structure or premises with a violation of this article or other applicable parts of this code.
(d) 
The community development director may notify the board of adjustment of the complaint and the fact that the owner or occupant has failed, neglected or refused to comply with the notice from the community development director. The board may, after notice to the owner or occupant of such building, structure or premises, hold a public hearing and order the community development director to proceed to carry out the work specified in such notice in order that such building or structure or premises may be repaired, rehabilitated, demolished or changed to comply with the terms of this article. The board shall set the time for such public hearing and give written notice by delivering such notice in person, by certified mail with return receipt requested, or by delivery by the United States Postal Service using signature confirmation service, to the record owners of the affected property, and each holder of a recorded lien against the affected property, as shown by the records in the office of the county clerk if the address of the lien holder can be ascertained from the deed of trust establishing the lien or other applicable instruments on file in the office of the county clerk, and to all 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. The notice must be posted and either personally delivered or mailed on or before the tenth day before the date of the hearing before the board and must state the date, time, and place of the hearing. In addition, the notice must be published in a newspaper of general circulation in the city on one occasion on or before the tenth day before the date fixed for the hearing. The board shall also file notice of the proceeding in the official public records of real property in the county. Such notice must contain the name and address of the owner of the affected property, a legal description of the affected property, and a description of the proceeding. The filing of the notice is binding on subsequent grantees, lien holders, or other transferees of an interest in the property who acquire such interest after the filing of the notice and constitutes notice of the proceeding on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice. The city shall exercise due diligence to determine the identity and address of a property owner, lien holder, or registered agent to whom the city is required to give notice. Due diligence is established by search of the records listed in section 54.035 of the Texas Local Government Code. If a notice is mailed and the notice is returned by the United States Postal Service marked as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered delivered.
(e) 
Upon a public hearing of the complaint, the board may order the community development director to proceed with the work specified in such notice or may grant additional time for the owner or occupant of such building, structure or premises to carry out the terms of such notice, or may render such other order which may seem necessary and proper after a hearing thereon. The board may order the repair, within a fixed period, of buildings found to be in violation of this article; may declare a building substandard in accordance with the provisions of subchapter C; may order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure the removal if it is determined that conditions exists on the property that constitute a violation of this article, and order action to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist; may issue orders or directives to any peace officer of the state, including the chief of police or his designee, to enforce and carry out the lawful orders or directives of the board; and may determine the amount and duration of a civil penalty to be imposed on the owner of the property. A majority vote of the members of the board voting on a matter is necessary to take any action under this article and under subchapter C. The order is enforceable in the same manner as provided in sections 214.001(k), (m), (n), and (o), of the Texas Local Government Code.
(f) 
If the owner or occupant of the building, structure or premises on which a complaint has been filed shall appear before the board, no further notice or order of the board made at such hearing shall be required to be furnished to the owner or occupant thereof. In the event the owner and/or occupant of said building or premises fails to appear at the public hearing before the board, the board may order the community development director to comply with the work specified in the notice in order to bring the building, structure or premises into compliance with the terms of this article, and levy the costs of such work as a tax against the premises, which shall be immediately due, and in that event a copy of the order of the board made at such hearing shall be delivered to the owner or occupant of said premises in person or by a letter to the last known address by certified or registered mail, return receipt requested, and by publication of a copy of such order, at least one time, in the publication designated as the official publication of the city.
(g) 
Upon the expiration of 30 days after a copy of the order of the board has been delivered to the owner or occupant of said premises in person or sent by letter to his last known address by certified or registered mail and by publication of a copy of such order as required above, the community development director shall proceed to carry out the work called for by order of the board and the cost of such work shall be levied as a tax against the premises and the owner and/or occupant thereof, which shall be and become immediately due thereon.
(h) 
In the event the owner or occupant of the premises shall fail or refuse to discharge the expense incurred and correct any violation of this article within 30 days after receiving notice to pay such expense or within 30 days after such notice is published, the city may bring an action in any court having jurisdiction to recover the expenses which were assessed against the owner or occupant of such premises by the board.
(1996 Code, sec. 3.202; Ordinance adopting Code)
Any owner, lien holder, or mortgagee of record jointly or severally aggrieved by any decision of the board 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 30 calendar days after the date a copy of the final decision of the board is personally delivered, mailed by first class mail with certified return receipt requested, or delivered by the United States Postal Service using signature confirmation service, to all persons to whom notice is required to be sent. The board shall deliver or mail that copy promptly after the decision becomes final. In addition, an abbreviated copy of the order shall be published one time in a newspaper of general circulation in the city within ten calendar days after the date of the delivery or mailing of the copy as provided by this section, including the street address or legal description of the property; the date of the hearing, a brief statement indicating the results of the order, and instructions stating where a complete copy of the order may be obtained. On presentation of the petition, the court may allow a writ of certiorari directed to the board to review the decision of the board and shall prescribe in the writ the time, which may not be less than ten days, within which a return on the writ must be made and served on the relator or the relator’s attorney. The board may not be required to return the original papers acted on by it. It is sufficient for the board to return certified or sworn copies of the papers or parts of the papers as may be called for by the writ. The return must concisely set forth other facts as may be pertinent and material to show the grounds for the decision appealed from and shall be verified. The district court’s review shall be a de novo review. The court may reverse or affirm, in whole or in part, or may modify the decision of the board brought up for review. Costs may not be allowed against the board. If the decision of the board is affirmed, or not substantially reversed but only modified, the district court shall allow to the city all attorney’s fees and other costs and expenses incurred by it in defense of the board’s order and shall enter a judgment for those items, which may be entered against the property owners as well as all persons found to be in occupation of the property subject to the proceedings before the board.
(Ordinance 14/018 adopted 7/1/14)