(a) Purpose.
It is the purpose of this article to provide
a just, equitable and practical method, to be cumulative with and
in addition to any other remedy provided by the building code, electric
code, fire code, mechanical code, plumbing code, International Property
Maintenance Code, chapter 214 of the Local Government Code, or otherwise
available at law, whereby buildings, as defined herein, which from
any cause endanger the life, limb, health, morals, property, safety
or welfare of the general public or their occupants and may be required
to be repaired, vacated, demolished, removed or secured. The purpose
of this article is also to provide minimum standards for the continued
use and occupancy of all structures to safeguard life, limb, health,
property and public welfare.
(b) Scope.
The provisions of this article shall apply to
all buildings which are hereinafter defined as dangerous or substandard
buildings whether now in existence or whether they may hereafter become
dangerous.
(Ordinance 17-09, sec. 2, adopted 4/20/17)
Building.
Includes any building, fence, awning, canopy, sign, shed,
garage, house, tent or other structure whatsoever, or any portion
thereof, and the enumeration of specific types of structures shall
not be deemed to exclude other types of structures to which the sense
and meaning of the provisions hereof in context reasonably have application.
Building code.
The building code applicable to the structure in question,
as adopted and amended by the city.
Court.
The city municipal court.
Electric code.
The electrical code applicable to the structure in question,
as adopted and amended by the city.
Fire code.
The fire code applicable to the structure in question, as
adopted and amended by the city.
Mechanical code.
The mechanical code applicable to the structure in question,
as adopted and amended by the city.
Plumbing code.
The plumbing code applicable to the structure in question,
as adopted and amended by the city.
(Ordinance 17-09, sec. 2, adopted 4/20/17)
(a) General.
(1) Administration.
The building official is hereby authorized
to enforce the provisions of this article. The building official shall
have the power to render interpretations of this article and to adopt
and enforce rules and supplemental regulations in order to clarify
the application of its provisions. Such interpretations, rules and
regulations shall be in conformity with the intent and purpose of
this article.
(2) Inspections.
The building official and the fire marshal
or their designees are hereby authorized to make such inspections
and take such actions as may be required to enforce the provisions
of this article.
(3) Right of entry.
When it is necessary to make an inspection
to enforce the provisions of this article, or when the building official
or his designee has a reasonable cause to believe that there exists
in a building or upon a premises a condition which is contrary to
or in violation of this article which makes the building or premises
unsafe, dangerous, or hazardous, the building official or his designee
may enter the building or premises at reasonable times to inspect
or perform the duties imposed by this article, provided that if such
building or premises be occupied, that credentials be presented to
the occupant and entry requested. If such building or premises be
unoccupied, the building official or his designee shall first make
a reasonable effort to locate the owner or other person having charge
or control of the building or premises and request entry. If entry
is refused, the building official shall have recourse to the remedies
provided by law to secure entry.
(b) Abatement of dangerous or substandard buildings.
All
buildings or portions thereof which are determined after inspection
by the building official to be dangerous or substandard as defined
by this article are hereby declared to be public nuisances and shall
be abated by repair, vacation, demolition, removal or securing in
accordance with the procedures specified in this article.
(c) Unlawful to violate article.
It shall be unlawful for
any person, firm or corporation to erect, construct, or use, occupy
or maintain any building that is deemed herein to be a nuisance or
cause or permit the same to be done in violation of this article.
(d) Inspection authorized.
All buildings within the scope
of this article and all construction or work for which a permit is
required shall be subject to inspection by the building official.
(Ordinance 17-09, sec. 2, adopted 4/20/17)
(a) For
the purposes of this article, any building, regardless of the date
of its construction, which has any or all of the conditions or defects
hereinafter described shall be deemed to be a substandard building,
and a nuisance:
(1) Whenever any building is dilapidated, deteriorated, decayed or damaged
to the extent that it is unfit for human habitation and a hazard to
the public health, safety and welfare in the opinion of the building
official.
(2) Whenever any building, regardless of its structural condition, is
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.
(3) Whenever any building is boarded up, fenced or otherwise secured
in any manner if:
(A) The building constitutes a danger to the public 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 in the manner described by subsection
(a)(2) of this section.
(4) Whenever any building, 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 fire marshal to be a fire hazard.
(5) Whenever any building is in such a condition as to make a public
nuisance known to the common law or in equity jurisprudence.
(6) Whenever any portion of a building remains on a site after the demolition
or destruction of the building.
(7) Whenever any building is abandoned so as to constitute such building
or portion thereof an attractive nuisance or hazard to the public.
(8) Whenever any building is defined as substandard by any provision
of the building code, electric code, fire code, plumbing code, mechanical
code, International Property Maintenance Code, or other ordinance
or regulation of the city, or constructed and still existing in violation
of any provision of any of said codes of the city to the extent that
the life, health or safety of the public or any occupant is endangered.
(b) For
the purposes of this article, any building, regardless of the date
of its construction, which has any or all of the conditions or defects
hereinafter described to an extent that endangers the life, limb,
health, property, safety or welfare of the public or the occupants
thereof shall be deemed and hereby is declared to be a dangerous and
substandard building, and a nuisance:
(1) Whenever any door, aisle, passageway, stairway or other means of
exit is not of sufficient width or size or is not so arranged as to
provide safe and adequate means of exit in case of fire or panic.
(2) 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.
(3) Whenever the stress in any materials, or members or portion thereof,
due to all dead and live loads, is more than one and one half times
the working stress or stresses allowed in the building code for new
buildings of similar structure, purpose or location.
(4) Whenever any portion thereof has been damaged by fire, earthquake,
wind, flood or by any other cause, to such an extent that the structural
strength or stability thereof is materially less than it was before
such catastrophe and is less than the minimum requirements of the
building code for new buildings of similar structure, purpose or location.
(5) 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.
(6) Whenever any portion of a building, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength
or stability, or is not so anchored, attached or fastened in place
so as to be capable of resisting a wind pressure of one half of that
specified in the building code for new buildings of similar structure,
purpose or location without exceeding the working stresses permitted
in the building code for such buildings.
(7) 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.
(8) Whenever the building, or any portion thereof, is likely to partially
or completely collapse because of:
(A) Dilapidation, deterioration or decay;
(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
(9) Whenever, for any reason, the building, or any portion thereof, is
manifestly unsafe for the purpose for which it is being used.
(10) 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.
(11) Whenever the building, exclusive of the foundation, shows 33 percent
or more damage or deterioration of its supporting member or members,
or 50 or more percent damage or deterioration of its nonsupporting
members, enclosing or outside walls or coverings.
(12) Whenever the building has been so damaged by fire, wind, earthquake,
flood or other causes, or has become so dilapidated or deteriorated
as to become:
(A) An attractive nuisance to children; or
(B) A harbor for vagrants, criminals or immoral persons.
(13) Whenever any building has been constructed, exists or is maintained
in violation of any specific requirement or prohibition applicable
to such building provided by the building regulations of this jurisdiction,
as specified in the building code, electric code, fire code, mechanical
code, plumbing code, international property maintenance code, or of
any law or ordinance of this state or jurisdiction relating to the
condition, location or structure of buildings.
(14) Whenever any building which, whether or not erected in accordance
with all applicable laws and ordinances, has in any nonsupporting
part, member or portion less than 50 percent, or in any supporting
part, member or portion less than 66 percent of the strength, fire-resisting
qualities or characteristics, or weather-resisting qualities or characteristics
required by law in the case of a newly constructed building of like
area, height and occupancy in the same location.
(15) Whenever a building, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air or sanitation facilities,
or otherwise, is determined by the building official to be unsanitary,
unfit for human habitation or in such a condition that is likely to
cause sickness or disease for reasons including, but not limited to,
the following:
(A) Lack of, or improper water closet, lavatory, bathtub or shower in
a dwelling unit or lodging house.
(B) Lack of, or improper water closets, lavatories and bathtubs or showers
per number of guests in a hotel.
(C) Lack of, or improper kitchen sink in a dwelling unit.
(D) Lack of hot and cold running water to plumbing fixtures in a hotel.
(E) Lack of hot and cold running water to plumbing fixtures in a dwelling
unit or lodging house.
(F) Lack of adequate heating facilities.
(G) Lack of, or improper operation of, required ventilating equipment.
(H) Lack of minimum amounts of natural light and ventilation required
by this article or the building code, electric code, fire code, mechanical
code, plumbing code, International Property Maintenance Code, or other
ordinance or regulation of the city.
(I) Room and space dimensions less than required by this article or the
building code, electric code, fire code, mechanical code, plumbing
code, International Property Maintenance Code, or other ordinance
or regulation of the city.
(J) Lack of required electrical lighting.
(K) Dampness of habitable rooms.
(L) Infestation of insects, vermin or rodents.
(M) General dilapidation or improper maintenance.
(N) Lack of connection to required sewage disposal system.
(O) Lack of adequate garbage and rubbish storage and removal facilities.
(16) Whenever any building contains structural hazards, including but
not limited to the following:
(A) Deteriorated or inadequate foundations.
(B) Defective or deteriorated flooring or floor supports.
(C) Flooring or floor supports of insufficient size to carry imposed
loads with safety.
(D) Members of walls, partitions or other vertical supports that split,
lean, list or buckle due to defective material or deterioration.
(E) Members of walls, partitions or other vertical supports that are
of insufficient size to carry imposed loads with safety.
(F) Members of ceilings, roofs, ceiling and roof supports, or other horizontal
members that sag, split or buckle due to defective material or deterioration.
(G) Members of ceilings, roofs, ceiling and roof supports, or other horizontal
members that are of insufficient size to carry imposed loads with
safety.
(H) Fireplaces or chimneys that list, bulge or settle due to defective
material or deterioration.
(I) Fireplaces or chimneys that are of insufficient size or strength
to carry imposed loads with safety.
(17) Whenever any building is constructed or still existing in violation
of the building code, fire code, plumbing code, mechanical code, electric
code, International Property Maintenance Code, or other ordinance
or regulation of the city.
(c) Chapters
3 through
7 of the 2015 edition of the International Property Maintenance Code, published by the International Code Council, Inc. attached hereto and incorporated herein for all municipal purpose and as amended herein, are hereby adopted by the council to the extent they do not conflict with any other provisions of this article. For purposes of this article, any building, regardless of its date of construction, which exists in violation of chapters
3 through
7 of the International Property Maintenance Code to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and herby is declared to be a substandard building and a nuisance. The International Property Maintenance Code is amended as follows:
(2) Section 304.14 delete: “During the period from [date] to [date]”;
(3) Section 602.3 delete: “during the period from [date] to [date]”;
(4) Section 602.4 delete: “during the period form [date] to [date].”
(Ordinance 17-09, sec. 2, adopted 4/20/17)
When the building official has inspected or caused to be inspected
any building and has found and determined that the building is substandard,
the building official may take any or all of the following actions,
as he or she deems appropriate:
(1) Issue
notice to the record owner that the building is substandard and must
be repaired, listing the deficiencies, or issue notice to the record
owner that the building is substandard and that the nature and/or
the extent of the deficiencies make repair infeasible, so that the
building must be demolished, listing the deficiencies;
(2) Issue
citation(s) for violation(s) of this article;
(3) Secure the building if permitted by section
3.09.012(a) of this code; or
(4) Recommend to the court that abatement proceedings be commenced pursuant to section
3.09.006 of this code.
(Ordinance 17-09, sec. 2, adopted 4/20/17)
(a) Commencement of proceedings.
When the building official
has found and determined that a building is a substandard building,
the building official shall commence proceedings to cause the repair,
vacation, relocation of occupants, removal, demolition or securing
of the building.
(b) Public hearing to be held.
Except when the court finds that a building is likely to immediately endanger persons or property, a public hearing before the court shall be held to determine whether a building complies with the standards set out in section
3.09.004 of this code. If the court determines that the building constitutes an immediate danger, the procedures set forth in section
3.09.012(b) of this code shall be followed.
(c) Notice.
Not less than ten (10) days prior to the date
on which the hearing is set, the building official shall issue a notice
of the public hearing directed to the record owner of the building,
and to all mortgagees and lienholders. The city shall use diligent
efforts to determine the identity and address of any owner, lienholder
or mortgagee of the building through searching the county real property
records of the county in which the building is located; appraisal
district records of the appraisal district in which the building is
located; records of the secretary of state; assumed name records of
the county in which the building is located; tax records of the city;
and utility records of the city. The notice shall contain:
(1) The name and address of the record owner;
(2) The street address or legal description sufficient for identification
of the premises upon which the building is located;
(3) A statement that the building official has found the building to be substandard or dangerous, with a brief and concise description of the conditions found to render the building dangerous or substandard under the provisions of section
3.09.004 of this code;
(4) A statement that the owner, lienholder, or mortgagee will be required
to submit at the hearing proof of the scope of any work that may be
required to comply with the article, and the time it will take to
reasonably perform the work;
(5) Notice of the time and place of the public hearing; and
(6) A statement that if the building is found to be in violation of this
article, the court may order that the building be vacated, secured,
repaired, removed or demolished within a reasonable time.
(d) Additional notice of public hearing.
Prior to the public hearing, the city may file a copy of the notice mailed pursuant to subsection
(c) of this section in the official public records of real property in the county in which the property is located. If such notice is not filed of record, each identified mortgagee and lienholder must be notified of any abatement order issued by the court at the public hearing, prior to any remedial action by the city.
(e) Burden of proof.
At the public hearing, the city has
the burden of proof to establish that the building or structure at
issue is not in compliance with applicable city codes, and is substandard
as defined by this chapter and to identify the specific deficiencies
or code violations; and 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 article, the time it will take to reasonably perform
the work, and the financial ability and willingness of the owner,
lienholder, or mortgagee to perform the work with diligence and dispatch.
(f) Conduct of public hearing.
At the public hearing, the
owner of the building, and all other interested persons may make their
appearance and be heard. Any evidence may be received and considered
by the court, provided, however, that the court shall not consider
evidence as to the existence or extent of any deficiencies or code
violations which were not identified in the notice to the record owner
described in this section.
(Ordinance 17-09, sec. 2, adopted 4/20/17)
(a) Findings of the court.
(1) No violation.
If the court finds upon evidence presented at the public hearing that the building is not in violation of standards set out in section
3.09.004 of this code, the court shall order that the enforcement action cease, provided, however, that such order shall neither prevent the building official from instituting a new enforcement action for other violations the building official alleges have been determined to exist, nor shall such order prevent the building official from instituting a new enforcement action for the same violations if the building official later determines that the conditions as determined by the court have materially changed as to such violations.
(2) Violations may be repaired.
If the court finds upon evidence presented at the public hearing that the building is in violation of standards set out in section
3.09.004, that such conditions can reasonably be remedied by repair within a reasonable time, and that the owner, lienholder, or mortgagee is financially able and is willing to conduct or cause such repairs to be made within a reasonable time, the court shall identify the specific violations found to exist, and order that the owner, mortgagee or lienholder repair such violations, and, if necessary to the public safety, vacate, secure, or relocate the occupants, within such reasonable times as determined by the court to be appropriate, as provided herein.
(3) Violations, building must be demolished.
If the court finds upon evidence presented at the public hearing that the building is in violation of standards set out in section
3.09.004, and that such conditions cannot reasonably be remedied by repair, or that neither the owner, lienholder, nor the mortgagee are financially able or willing to conduct or cause such repairs to be made within a reasonable time, court shall identify the specific violations found to exist, and order that the owner, mortgagee or lienholder remove or demolish the structure, and, if necessary to the public safety, vacate, secure, or relocate the occupants, within such reasonable times as determined by the court to be appropriate, as provided herein, or order such other relief as is permitted by this chapter.
(b) Time allowed to complete work.
(1) Unless the owner, lienholder, or mortgagee establishes at the hearing
that the work cannot reasonably be performed within 30 days, the order
shall require the owner, lienholder or mortgagee of the building to,
within 30 days, and the lienholder or mortgagee to within an additional
30 days if the owner does not comply, take one or more of the following
actions:
(B) Secure the building from unauthorized entry;
(C) Repair the violations; and/or
(D) Remove or demolish the building.
(2) If the owner, lienholder, or mortgagee establishes at the hearing
that the work cannot reasonably be performed within 30 days, and the
court allows the owner, lienholder or mortgagee more than 30 days
to repair, remove or demolish the building, the court shall establish
specific time schedules as the court determines are appropriate 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.
(3) The court may not allow the owner, lienholder or mortgagee more than
ninety (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:
(A) Submits a detailed plan and time schedule for the work at the hearing;
and
(B) Establishes at the hearing that the work cannot be reasonably completed
within ninety (90) days because of the scope and complexity of the
work.
(4) If the court allows the owner, lienholder or mortgagee more than
ninety (90) days to complete any part of the work required to repair,
remove or demolish the building, the court shall require the owner,
lienholder or mortgagee to regularly submit progress reports to the
building official to demonstrate that the owner, lienholder or mortgagee
has complied 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 court or the building official
to:
(A) Demonstrate compliance with the time schedules; and
(B) If the owner, lienholder or mortgagee owns property, including structures
and improvements on property within the city’s boundaries that
exceeds $100,000.00, to post cash or surety bond or letter of credit
or third party guaranty to cover the cost of the work ordered by the
court.
(5) All orders of the court must allow a lienholder or mortgagee at least
30 additional days to complete the ordered work in the event the owner
fails to comply with the order within the time provided for action
by owner, prior to remedial action by the city, except as expressly
provided otherwise in this chapter.
(c) Contents of order.
The order of the court must contain
at minimum:
(1) An identification which is not required to be a legal description,
of the building and the property on which it is located;
(2) A description of the violation of minimum standards present in the
building;
(3) A description of the ordered actions, including a statement that
the owner may repair, if feasible, or demolish or remove at his option;
(4) 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 the time allowed, and charge the cost to
the property; and
(5) If the court has determined that the building will endanger persons
or property and that the building is a dwelling with 10 or fewer dwelling
units, a statement that the city may repair the building and charge
the costs to the property if the ordered action is not taken within
the time allowed.
(Ordinance 17-09, sec. 2, adopted 4/20/17)
(a) Order shall be mailed.
After the public hearing, the
building official shall promptly mail, by certified mail, return receipt
requested, a copy of the order to the record owner of the building,
and each identified lienholder and mortgagee of the building.
(b) Order shall be filed with city secretary.
Within ten
(10) days after the date that the order is issued by the court, the
building official shall file a copy of the order in the office of
the city secretary.
(c) Order shall be published.
Within ten (10) days after
the date the order is issued by the court, the building official shall
publish in a newspaper of general circulation within the city a notice
containing:
(1) The street address or legal description of the property;
(2) The date the hearing was held;
(3) A brief statement indicating the results of the order; and
(4) Instructions stating where a complete copy of the order may be obtained.
(d) The
order may be filed in the official public records of real property
in the county in which the property is located.
(Ordinance 17-09, sec. 2, adopted 4/20/17)
(a) If
order not complied with, city may take action as provided herein.
If the building is not vacated, secured, repaired, removed or demolished
within the time specified by the order, the city may vacate, secure,
repair, remove or demolish the building or relocate the occupants
at its own expense, provided however:
(1) The city may not act to remove or demolish a building until after
the court has found:
(A) That such defects or conditions exist to the extent that the life,
health, property or safety of the public or the occupants of the building
are endangered; and
(B) The building is infeasible of repair; or
(C) There is no reasonable probability that the building will be repaired
within a reasonable period of time if additional time is given.
(2) The city may only repair a building as provided herein to the extent
necessary to correct the conditions which render the building dangerous,
and may not act to repair a building unless:
(A) The court has made a determination that the building is likely to
endanger person or property; and
(B) The building is a residential dwelling with ten (10) or fewer dwelling
units.
(3) In the event there are mortgagees or lienholders, the city may only
repair, remove or demolish the building after allowing the lienholder
or mortgagee on additional 30 days after the time prescribed in the
order has expired to complete the required work.
(b) Posting of notice to vacate building.
If the order requires
vacation or if compliance is not had with the order within the time
specified therein, the building official is authorized to require
that the building be vacated. Notice to vacate shall be mailed by
certified mail, return receipt requested to the occupant of the building
and it shall be posted at or upon each entrance to the building and
shall be in substantially the following form:
“SUBSTANDARD BUILDING
|
DO NOT ENTER
|
UNSAFE TO OCCUPY
|
It is a misdemeanor to occupy this building or to remove or
deface this notice.
|
_______________________________________
Building Official
City of Dalworthington Gardens”
|
(c) Remedial action by city.
Any repair or demolition work,
or securing of the building shall be accomplished and the cost thereof
paid and recovered in the manner hereinafter provided. Any surplus
realized from the sale of such building, or from the demolition thereof,
over and above the cost of demolition and cleaning of the lot, shall
be paid over to the person or persons lawfully entitled thereto.
(d) Failure to obey order.
Any person to whom an order pursuant to section
3.09.007 of this code is directed who fails, neglects or refuses to comply with such order shall be guilty of a misdemeanor and may be prosecuted in municipal court in addition to any other remedies available to the city provided herein.
(e) Interference prohibited.
No person shall obstruct, impede
or interfere with any officer, employee, contractor or authorized
representative of the city or with any person who owns or holds any
estate or interest in the building which has been ordered repaired,
vacated, demolished, removed or secured under the provisions of this
article; or with any person to whom such building has been lawfully
sold pursuant to the provisions of this article, whenever such officer,
employee, contractor or authorized representative of the city, person
having an interest or estate in such building, or purchaser is engaged
in the work of repairing, vacating and repairing, or demolishing,
removing or securing any such building pursuant to the provision of
this article, or in performing any necessary act preliminary to or
incidental to such work or authorized or directed pursuant to this
article.
(f) Permit required.
Any work of closure, repair, removal
or demolition by the property owner or any lienholder or mortgagee
or their agents must be performed pursuant to valid unexpired permits
issued by the city. All permits issued pursuant to an order of the
court shall expire upon expiration of the time for compliance set
forth in the order.
(Ordinance 17-09, sec. 2, adopted 4/20/17)
(a) Procedure.
When any work of repair, removal, demolition
or securing is to be performed by the city pursuant to the provisions
of any order of the court, the work may be accomplished by city personnel
or by private contract as may be deemed necessary. Rubble and debris
shall be removed from any premises and the lot cleaned if removal
or demolition is ordered. The building or building materials may be
sold if removal or demolition is ordered, and the proceeds shall be
used to offset other costs of the work.
(b) Costs.
The cost of such work shall be paid from city
funds and shall constitute a special assessment and a lien against
such property to secure payment thereof, together with ten percent
(10%) interest on such amount from the date on which the work is performed.
(c) Repair to minimum standards only.
The city may repair
the building at its own expense and assess the expenses on the land
on which the building stands or is attached only to the extent necessary
to bring the building into compliance with minimum standards.
(Ordinance 17-09, sec. 2, adopted 4/20/17)
(a) Itemized account and notice of lien.
The building official
shall keep an itemized account of the expenses incurred by the city
in the securing, repair, removal or demolition of any building pursuant
to this article. Upon completion of the work, the building official
shall prepare and file with the city secretary a sworn account and
notice of lien containing the following information:
(1) The name and address of the owner if that information can be determined
with a reasonable effort;
(2) A legal description of the real property on which the building is
or was located;
(3) The type of work performed; and
(4) The amount of expenses incurred by the city in performing the work
and the balance due.
(b) Notice filed in county records.
The city secretary shall
file the notice of lien along with a copy of the order of abatement
issued by the court in the deed records of the county in which the
premises are located.
(c) Personal obligation of property owner.
The expenses
incurred by the city as set forth in the sworn account of the building
official shall be a personal obligation of the property owner in addition
to a priority lien upon the property. The city attorney may bring
an action in any court of proper jurisdiction against the owner or
property to recover the costs incurred by the city.
(d) Lien shall be valid and privileged.
Upon filing of the
notice of lien in the deed records of the county the lien shall be
valid against the property so assessed. The lien shall be privileged
and subordinate only to tax liens, existing special assessment liens,
and shall be paramount to all other liens. The lien shall continue
until the assessment and all interest due and payable thereon has
been paid.
(e) Assessment must be paid.
No utility service, building
permit or certificate of occupancy shall be allowed on any such property
until the assessment is paid and such lien is released by the city.
(f) Release of lien.
After the expenses incurred by the
city, as set forth in the sworn account of the building official,
have been fully paid with interest of ten percent (10%) per annum
from the date the work was performed, the building official shall
execute a release of lien which shall be filed in the deed records
of the county.
(Ordinance 17-09, sec. 2, adopted 4/20/17)
(a) Securing of unoccupied, substandard building.
Notwithstanding
any other provisions of this article the city may secure a building
if the building official determines:
(1) That the building violates the minimum standards set forth in section
3.09.004 of this code; and
(2) That the building is unoccupied or is occupied only by persons who
do not have the right of possession to the building.
(b) If building creates immediate danger.
Notwithstanding
any other provisions of this article, if the court finds that a building
is likely to immediately endanger persons or property the court may:
(1) Order the owner of the building, the owner’s agent, or the
owner or occupant of the property on which the structure is located
to repair, remove, or demolish the structure, or the dangerous part
of the structure, within a specified time; or
(2) Repair, remove, or demolish the structure, or the dangerous part
of the structure, at the expense of the municipality, on behalf of
the owner of the structure or the owner of the property on which the
structure is located, and assess the repair, removal, or demolition
expenses on the property on which the structure was located.
(c) Notice of action.
Before the eleventh (11th) day after the date the building is secured pursuant to subsection
(a) of this section, or action is ordered pursuant to subsection (b)(1)of this section, or the building is repaired, removed or demolished pursuant to subsection
(b)(2) of this section, the building 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 post office address;
(3) Publishing the notice at least twice within a ten (10) day period
in a newspaper of general circulation in the county in which the building
is located, 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; and
(5) In addition to the above, depositing notice in the United States
mail to all lienholders and mortgagees who can be determined from
a reasonable search of instruments on file in the office of the county
clerk.
(d) Notice.
The notice must contain:
(1) An identification, which is not required to be a legal description,
of the building and the property on which it is located;
(2) A description of the violation of the minimum standards present in
the building;
(3) A statement that the city will secure or has secured, as the case may be, the building, or that the city has taken or will take the action ordered pursuant to subsection
(b) of this section;
(4) An explanation of the owner’s entitlement to request a hearing
about any matter relating to the city’s securing, removing,
demolishing or repairing of the building.
(e) Hearing.
The court shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the city’s securing, repairing, removing or demolishing of the building, if, within thirty (30) days after the date the city has taken action pursuant to subsections
(b)(1) or
(b)(2) of this section, the owner files with the city a written request for the hearing. The hearing shall be conducted within twenty (20) days after the date the request is filed.
(f) Lien.
If the city incurs expenses under this section, such expenses incurred shall be a personal obligation of the property owner in addition to a priority lien upon the property, and costs shall be recovered as provided by sections
3.09.010 and
3.09.011 of the city code.
(g) Violation.
It shall be unlawful to fail to comply with
an order issued pursuant to this section.
(Ordinance 17-09, sec. 2, adopted 4/20/17)
(a) Civil penalty authorized.
In addition to any other enforcement authority provided for by law, the court may, by order, at an administrative hearing assess a civil penalty against a property owner as provided for herein for failure to comply with an order issued by the court pursuant to section
3.09.007 of this code.
(b) Showing required.
The civil penalty may be assessed
if it shown at the administrative hearing that:
(1) The property owner was notified of the contents of the order issued pursuant to section
3.09.007 of this code; and
(2) The property owner committed an act in violation of the order or
failed to take an action necessary for compliance with the order.
(c) Amount of penalty.
The civil penalty may be assessed
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.
(d) Notice of administrative hearing.
Not less than ten
(10) days prior to the date on which the administrative hearing is
set, the property owner shall be sent a notice of the hearing by certified
mail/return receipt requested. The notice shall contain:
(1) A copy of the order issued by the court pursuant to section
3.09.007 of this code;
(2) A statement that the building official has determined that the property
owner committed an act in violation of that order, or failed to take
an action necessary for compliance with that order;
(3) A statement that at the administrative hearing the court may assess
a civil penalty not to exceed $1,000.00 a day for each violation or,
if the owner shows that the property is the owners’ lawful homestead,
in an amount not to exceed $10.00 a day for each violation; and
(4) Notice of the time and place of the hearing.
(e) Copy of order filed with district clerk.
After the civil
penalty is assessed, the city secretary shall file with the district
clerk of the county in which the property is located, a certified
copy of the order assessing the civil penalty stating the amount and
duration of the penalty.
(f) Enforcement.
The civil penalty may be enforced by the
city in a suit brought by the city in a court of competent jurisdiction
for a final judgment in accordance with the assessed penalty. A civil
penalty under this subsection is final and binding and constitutes
prima facie evidence of the penalty in any suit.
(Ordinance 17-09, sec. 2, adopted 4/20/17)