These regulations shall be known as the “Code for the
Abatement of Dangerous Buildings,” and may be cited as such,
and will be referred to herein as “this Code.”
(A)
Purpose.
It is the purpose of this Code to provide a just, equitable and practicable method, to be cumulative with and in addition to, any other remedy provided by the Building Code, or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished except dwelling units as regulated by the “Minimum Housing Code,” of chapter 32.
(Ordinance 4847, sec. 2, adopted 3/7/95)
Editor’s note–Former section 30.17,
pertaining to alterations, additions and repairs was deleted and removed
in its entirety by Ordinance 6850, sec. 3, adopted 8/16/16. Prior
to the deletion, this section derived from the following: Ordinance
4306, sec. 3, adopted 2/21/89; Ordinance 4558, sec. 2, adopted 2/4/92;
Ordinance 4847, sec. 2, adopted 3/7/95; Ordinance 5371, sec. 2, adopted
6/1/99; and Ordinance 5628, sec. 5, adopted 2/19/02.
(A)
Administration.
The Building Official is hereby authorized to enforce the provisions
of this Code.
(B)
Inspections.
The Health Officer, the Fire Marshal and the Building Official
are hereby authorized to make such inspections and take such actions
as may be required to enforce the provisions of this Code.
(C)
Right
of entry.
(1)
Whenever
necessary to make an inspection to enforce any of the provisions of
this Code, or whenever the Building Official or his authorized representative
has reasonable cause to believe that there exists in any building
or upon any premises any condition or code violation which makes such
building or premises unsafe, dangerous or hazardous, the Building
Official or his authorized representative may enter such building
or premises at all reasonable times to inspect the same or to perform
any duty imposed upon the Building Official by this Code, provided
that if such building or premises be occupied, he shall first present
proper credentials and request entry; and if such building or premises
be unoccupied, he shall first make a reasonable effort to locate the
owner or other persons having charge or control of the building or
premises and request entry. If such entry is refused, the Building
Official or his authorized representative shall secure a warrant to
inspect pursuant to article 18.05 of the Texas Code of Criminal Procedures.
(2)
“Authorized
representative” shall include the officers named in subsection
(B) and their authorized inspection personnel.
(Ordinance 4847, sec. 2, adopted 3/7/95)
All buildings or portions thereof which are determined after inspection by the Building Official to be dangerous as defined in this Code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in section 30.24 of this Code.
(Ordinance 4847, sec. 2, adopted 3/7/95)
It shall be unlawful for any person, firm or corporation to
erect, construct, enlarge, alter, repair, move, improve, remove, convert
or demolish, equip, use, occupy or maintain any building or structure
or cause or permit the same to be done in violation of this Code.
(Ordinance 4847, sec. 2, adopted 3/7/95)
All buildings or structures within the scope of this Code and
all construction or work for which a permit is required shall be subject
to inspection by the Building Official in accordance with and in the
manner provided by this Code and sections 108 of the International
Building Code, 2000 [2003] edition, as amended, adopted by this chapter.
(Ordinance 4306, sec. 3, adopted 2/21/89; Ordinance 4558, sec. 2, adopted 2/4/92; Ordinance 4847, sec. 2, adopted 3/7/95; Ordinance 5371, sec. 2, adopted 6/1/99; Ordinance 5628, sec. 6, adopted 2/19/02)
In this article:
means the International Building Code, 2015 edition, promulgated
by the International Code Council and adopted by the City Council.
means any building or structure deemed to be dangerous under the provisions of section 30.23 of this Code.
(Ordinance 4306, sec. 3, adopted 2/21/89; Ordinance 4558, sec. 2, adopted 2/4/92; Ordinance 4847, sec. 2, adopted 3/7/95; Ordinance 4883, sec. 2, adopted 7/11/95; Ordinance 5371, sec. 2, adopted 6/1/99; Ordinance 5628, sec. 7, adopted 2/19/02; Ordinance 6850, sec. 4, adopted 8/16/16)
For the purpose of this Code, any building or structure which
has any or all of the conditions of defects hereinafter described
shall be deemed to be a dangerous building and a public nuisance,
provided that such conditions or defects exist to the extent that
the life, health, property or safety of the public or its occupants
are endangered:
(1)
Whenever
the walking surface of any aisle, passageway, stairway or other means
of exit is so warped, worn, loose, torn or otherwise unsafe as to
not provide safe and adequate means of exit in case of fire or panic.
(2)
Whenever
any portion or member or appurtenance thereof is likely to fail, or
to become detached or dislodged, or to collapse and thereby injure
persons or damage property.
(3)
Whenever
any portion thereof has wracked, warped, buckled or settled to such
an extent that walls or other structural portions have materially
less resistance to winds or earthquakes than is required in the case
of similar new construction.
(4)
Whenever
the building or structure, or any portion thereof, because of:
(a)
Dilapidation,
deterioration or decay;
(b)
Faulty
construction;
(c)
The
removal, movement or instability of any portion of the ground necessary
for the purpose of supporting such building;
(d)
The
deterioration, decay or inadequacy of its foundation; or
(e)
Any
other cause, is likely to partially or completely collapse.
(5)
Whenever,
for any reason, the building or structure, or any portion thereof,
is manifestly unsafe for the purpose for which it is being used.
(6)
Whenever
the exterior walls or other vertical structural members list, lean
or buckle to such an extent that a plumb line passing through the
center of gravity does not fall inside the middle one-third of the
base.
(7)
Whenever
the building or structure has been so damaged by fire, wind, earthquake
or flood, or has become so dilapidated or deteriorated as to become:
(8)
Whenever
a building or structure because of inadequate maintenance, dilapidation,
damage, faulty construction or arrangement, inadequate ventilation
or unsanitary plumbing facilities, or otherwise, is determined by
the Building Official to be unsanitary, unfit for human habitation
in such a condition that is likely to cause sickness or disease or
that the life, health, property or safety of the public or the building’s
occupants is endangered.
(9)
Whenever
any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire-resistive
construction, faulty electric wiring, gas connections or heating apparatus,
or other cause is determined by the Building Official to be a fire
hazard.
(10)
Whenever
any building or structure is in such a condition as to constitute
a public nuisance.
(11)
Whenever
any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure or whenever
any building or structure is abandoned for a period in excess of six
(6) months so as to constitute such building or portion thereof an
attractive nuisance or hazard to the public.
(Ordinance 4306, sec. 3, adopted 2/21/89; Ordinance 4558, sec. 2, adopted 2/4/92; Ordinance 4847, sec. 2, adopted 3/7/95; Ordinance 4883, sec. 2, adopted 7/11/95)
(A)
Commencement
of proceedings.
Whenever the Building Official has inspected
or caused to be inspected any building and has found and determined
that such building is a dangerous building, he shall commence proceedings
to cause the repair, vacation or demolition of the building.
(B)
Issue
of notice and order; contents.
The Building Official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain a statement that the Building Official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of section 30.23 of this Code.
(C)
Service
of notice and order.
The notice and order, and any amended
or supplemented notice and order, shall be served upon the record
owner and posted on the property; and one copy thereof shall be served
on each of the following if known to the Building Official or disclosed
from official public records: The holder of any mortgage or deed of
trust or other lien or encumbrance of record; the owner or holder
of any lease of record; and the holder of any other estate or legal
interest of record in or to the building or the land on which it is
located. The failure of the Building Official to serve any person
required herein to be served shall not invalidate any proceedings
hereunder as to any other person duly served or relieve any such person
from any duty or obligation imposed on him by the provisions of this
section.
(D)
Proof
of service.
Any receipt card returned in acknowledgement
of receipt by certified mail will be proof of service.
(Ordinance 4847, sec. 2, adopted 3/7/95)
The following standards shall be followed by the Building Official
(and by the Unified Building Standards Commission if an appeal is
taken) in ordering the repair, vacation or demolition of any dangerous
building or structure:
(1)
Any
building declared a dangerous building under this article shall either
be repaired in accordance with the current Building Code or shall
be demolished at the option of the building owner.
(2)
If the
building or structure is in such condition as to make it immediately
dangerous to the life, limb, property or safety of the public or its
occupants, it shall be ordered to be vacated.
(Ordinance 4847, sec. 2, adopted 3/7/95; Ordinance 6952, sec. 8, adopted 1/16/18)
Every notice to vacate shall, in addition to being served as provided in section 30.24(C), be posted at or upon each exit of the building.
(Ordinance 4847, sec. 2, adopted 3/7/95)
Any person entitled to service under section 30.24(C) may appeal from any order or other action of the Building Official under this Code by filing at the office of the Building Official a written appeal on forms provided by the Building Official. The appeal shall be heard by the Unified Building Standards Commission pursuant to section 113 of the Building Code.
(Ordinance 4847, sec. 2, adopted 3/7/95; Ordinance 5628, sec. 8, adopted 2/19/02; Ordinance 6952, sec. 9, adopted 1/16/18)
Failure of any person to file an appeal in accordance with the provisions of section 30.27 shall constitute a waiver of his right to an administrative hearing and adjudication of the notice and order or any portion thereof.
(Ordinance 4847, sec. 2, adopted 3/7/95)
Only those matters or issues specifically raised by the appellant
shall be considered in the hearing of the appeal.
(Ordinance 4847, sec. 2, adopted 3/7/95)
Except for vacation orders made pursuant to section 30.25, enforcement of any notice and order of the Building Official issued under this Code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
(Ordinance 4847, sec. 2, adopted 3/7/95)
(A)
General.
After any order of the Building Official or the Unified Building
Standards Commission made pursuant to this Code shall have become
final, no person to whom any such order is directed shall fail, neglect
or refuse to obey such order.
(B)
Failure
to obey order.
If, after any order of the Building Official
or the Unified Building Standards Commission made pursuant to this
Code has become final, the person to whom such order is directed shall
fail, neglect or refuse to obey such order, the Building Official
may institute any appropriate action to abate such building as a public
nuisance.
(C)
Failure
to commence work.
Whenever the required repair or demolition
is not commenced within thirty (30) days after notice and order issued
under this Code becomes effective:
(1)
The Building Official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice per section 30.26.
(2)
No
person shall occupy any building which has been posted as specified
in this section. No person shall remove or deface any such notice
so posted until the repairs, demolition or removal ordered by the
Building Official have been completed and a certificate of occupancy
issued pursuant to the provisions of the Building Code.
(3)
The
Building Official may, in addition to any other remedy herein provided,
cause a building to be demolished when the violation constitutes a
serious threat to public safety and health. It may be demolished by
the City or its contractor at the expense of the owner thereof. The
materials of such building may be sold and the net cost of the demolition
shall be charged to the owner; if any balance remains, it shall be
held for the owner or any other parties entitled thereto. If the cost
of the demolition exceeds the value of the materials of the building,
such excess shall be charged as lien on the real property on which
the building is situated. Such lien may not be collected by foreclosure
or forced sale of this property. A building permit for new construction
on this property shall not be issued until such time as the lien has
been paid.
(Ordinance 4558, sec. 2, adopted 2/4/92; Ordinance 4847, sec. 2, adopted 3/7/95; Ordinance 6952, sec. 10, adopted 1/16/18)
