The city council is hereby authorized and directed to implement
the applicable provisions of this article upon its determination that
such implementation is necessary to protect the public welfare and
safety.
(Ordinance 2013-01-30, sec. 2013-01-30.001,
adopted 1/22/13)
(a)
For
the purposes of this article, all definitions, words, terms and phrases
set forth in the Local Government Code, title 7, subtitle A, chapter
214, subchapter A et seq., as amended from time to time, are hereby
adopted and made a part hereof.
(b)
The
term “dangerous building” also includes any sign, fence,
shed, lean-to, cellar, or other structure which becomes so rotten,
broken, or dilapidated that it becomes a danger to people and property.
(Ordinance 2013-01-30, sec. 2013-01-30.002,
adopted 1/22/13)
The city may require the vacation, relocation of occupants,
securing, repair, removal, or demolition of a building that:
(1)
Is
dilapidated, substandard, or unfit for human habitation and a hazard
to the public health, safety, and welfare;
(2)
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;
(Ordinance 2013-01-30, sec. 2013-01-30.003,
adopted 1/22/13)
The city may, from time to time, establish the minimum standards
for the continued use and occupancy of all buildings regardless of
the date of their construction:
(1)
Parts
of the building or structure are likely to fall or collapse and cause
injury to people or property.
(2)
Portions
of the building or structure have substantially less resistance to
wind and snow load than is required in the case of similar new construction.
(3)
The
building or structure is likely to partially or completely collapse,
or some portion of the foundation or underpinning of the building
or structure is likely to yield, because of dilapidation, deterioration,
decay, or faulty construction, or from removal or movement of a portion
of the ground necessary for the support.
(4)
The
building or structure, or a part of the building or structure, is
evidently unsafe for the purpose for which it is used.
(5)
The
building or structure, because of dilapidation or damage from wind,
fire, or flood, becomes an attractive nuisance to children, or a harbor
for vagrants, criminals, or immoral persons, or the building or structure
may be used for committing a nuisance or an unlawful or immoral act.
(6)
A
building or structure, along with adjoining grounds used or intended
to be used for dwelling purposes, because of dilapidation, decay,
damage, faulty construction, or arrangement, is unfit for human habitation,
or in a condition that the South Plains Public Health District determines
is likely to cause sickness or disease, or is likely to injure the
health, safety and general welfare of people living in the dwelling.
(7)
A
vacant building or structure, dilapidated, exposed to the elements,
and accessible by an open door or window to trespassers.
(8)
A
building or structure which remains unoccupied for 180 consecutive
days or longer, not listed as being available for sale, lease, or
rent with a real estate broker licensed under Occupations Code, title
7, subtitle A, chapter 1101 et seq., or not publicly offered for sale
by the owner.
(Ordinance 2013-01-30, sec. 2013-01-30.004,
adopted 1/22/13; Ordinance adopting
Code)
It is unlawful for an owner or agent to keep or maintain any
building or structure which is a dangerous building as defined in
this article.
(Ordinance 2013-01-30, sec. 2013-01-30.005,
adopted 1/22/13)
A building inspector shall be appointed and serve at the pleasure
of the city council. The city public works director may serve as the
building inspector if so appointed.
(Ordinance 2013-01-30, sec. 2013-01-30.006,
adopted 1/22/13)
(a)
When
a building or structure is found to be a dangerous building, the city
building inspector shall issue a notice to the building owner, lienholder,
mortgagee, or party whose name appears on the last local tax assessment
records of the Gaines County Appraisal District.
(b)
The
notice shall specify the time and place for the hearing for the dangerous
building, and information be included that the person to whom the
notice is directed shall have the opportunity, either in person or
in writing, to show cause why the building or structure should not
be ordered to be demolished or otherwise made safe.
(c)
All
notices required by this article shall be in writing, and served upon
the person to whom they are directed personally, or by certified mail,
return receipt requested, addressed to the owner or party in interest
at the address shown on the tax records at least 30 days before the
date of the said hearing. When the city mails a notice in accordance
with this section to a property owner, lienholder, mortgagee, or registered
agent 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. A copy of the notice shall
be posted on a conspicuous part of the dangerous building or structure
at least 30 days prior to the hearing date, in addition to personal
service and mailing the notice.
(Ordinance 2013-01-30, sec. 2013-01-30.007,
adopted 1/22/13)
(a)
A
hearing officer may be appointed and serve at the pleasure of the
city council. The city secretary may serve as the hearing officer
if so appointed.
(b)
Notice
of a dangerous building shall be filed with the hearing officer by
the building inspector.
(Ordinance 2013-01-30, sec. 2013-01-30.008,
adopted 1/22/13)
(a)
After receiving the findings and order of the hearing officer, the city council shall set a date for hearing to review the findings and order of the hearing officer, and shall give notice to the owner or party in interest as described in section 4.03.007 concerning the time and place of the hearing. The hearing shall afford the owner or party in interest an opportunity to show cause why the findings and order of the hearing officer should not be upheld and the building or structure demolished or otherwise made safe. The city council, shall approve, disapprove, or modify the order for demolition or making safe of the dangerous building or structure.
(b)
(c)
During
the hearing, the hearing officer shall take testimony from the building
inspector, the owner of the property, and any other interested party.
Following testimony, the officer shall render a decision either to
close the proceedings or ordering the building or structure to be
demolished or otherwise made safe.
(d)
If
the hearing officer determines that the dangerous building or structure
should be demolished or otherwise made safe, the officer shall so
order, stating a time in the order within which the owner or party
in interest shall comply.
(e)
If the owner or party in interest fails to appear or neglects or refuses to comply with the order, the hearing officer shall file a report of the findings along with a copy of the order with the city council and request that necessary action be taken to demolish or otherwise make safe the dangerous building or structure. A copy of the findings, order of the hearing officer, and request for action from the city council shall be served on the owner or party in interest in the manner described in section 4.03.007(c).
(f)
After
the hearing, the city shall promptly mail by certified mail with return
receipt requested, deliver by the United States Postal Service using
signature confirmation service, 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 shall use its best efforts to determine
the identity and address of any owner, lienholder, or mortgagee of
the building.
(Ordinance 2013-01-30, sec. 2013-01-30.009,
adopted 1/22/13)
(a)
If
determined that the dangerous building is required to be made safe,
the owner shall within thirty (30) days:
(1)
Cause the building to be secured as determined by the building inspector.
At a minimum, either OSB or plywood shall be used to seal all doors
and windows and secure all entry points. If not possible because of
severe damage, the vicinity may be required to be fenced, with appropriate
signs prohibiting entry.
(2)
Repair, remove, or demolish the building, unless the owner or lienholder
establishes at the hearing that the work cannot reasonably be performed
within thirty (30) days.
(A)
The city 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, as determined by the hearing
official.
(b)
Following
a determination by the building inspector that the building or structure
is satisfactorily secured, the owner is required within ninety (90)
days to obtain a permit to either complete renovations to bring the
building or structure to code requirements determined by the building
inspector, or demolish the dangerous building.
(Ordinance 2013-01-30, sec. 2013-01-30.010,
adopted 1/22/13)
Failure or refusal of the owner or party in interest to comply
with the decision of the city council may result in the city council
contracting for the demolition or making safe of the dangerous building.
However, in keeping with a property owner’s, lienholder’s,
or mortgagee’s right to appeal under Texas Local Government
Code section 214.0012(a), the city may not demolish a building before
the expiration of 30 days after the issuance of a final order declaring
the building be demolished. Cost for the demolition or making the
building safe shall be a lien against the real property and shall
be reported to the assessing officer of the Gaines County Appraisal
District, who shall assess the cost against the property on which
the building or structure is located. The owner or party in interest
in whose name the property appears upon the last local tax assessment
records of the Gaines County Appraisal District shall be notified
of the amount of the cost by first class mail at the address shown
on the record. If the owner or party in interest fails to pay the
lien within thirty (30) days after mailing by the city of the notice
of the amount, the assessor shall add the amount to the next tax roll
of the Gaines County Appraisal District and the amount shall be collected
in the same manner as provided by law for the collection of taxes
by the city.
(Ordinance 2013-01-30, sec. 2013-01-30.011,
adopted 1/22/13)
(a)
In addition to the authority granted to the city by Texas Local Government Code section 214.001, after the expiration of the time allotted under section 4.03.010 for the repair, removal, or demolition of a building, the city may assess a civil penalty against the property owner for failure to repair, remove, or demolish the building and provide for that assessment, the mode and manner of giving notice, and the means of recovering the assessment.
(b)
The
city may file a lien to secure the payment of a civil penalty or the
costs of repairs, removal, or demolition[. The city’s lien]
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 or the repair, removal, or demolition
is begun by the city. The city’s lien is superior to all other
previously recorded judgment liens.
(c)
The
city by order may assess and recover a civil penalty against a property
owner at the time of an administrative hearing on violations of this
article, 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)
Any
civil penalty or other assessment imposed under this section accrues
interest at the rate of 10 percent a year from the date of the assessment
until paid in full.
(e)
In
any judicial proceeding regarding enforcement of municipal rights
under this section, the prevailing party is entitled to recover reasonable
attorney’s fees from the non-prevailing party.
(Ordinance 2013-01-30, sec. 2013-01-30.012,
adopted 1/22/13; Ordinance adopting
Code)
(a)
If
the building inspector believes an immediate danger exists to the
public because a dangerous vacant building or structure is left open
to casual entry, the building inspector may give notice by personal
service to the owner of record as shown on the current tax roll, or
by leaving the notice at his or her place of residence as shown on
the current tax roll, and also similarly serving any other interested
persons (as shown on the tax roll), pertaining to a hearing on the
matter to be held no sooner than 24 hours after implementation of
service. The purpose of the hearing shall be to consider the request
of the building inspector that the city is authorized to go on the
property expressly to board up or make the premises secure from casual
entry immediately.
(b)
The
hearing officer shall consider the urgency of the matter following
testimony from the building inspector, owner (if appearing) and other
interested persons who may appear as to whether a real danger exists
to persons, including minors who might enter the building or structure,
and whether there is evidence that unauthorized persons are or have
entered the premises. Finding that an immediate danger exists by the
building or structure remaining open to casual entry, the hearing
officer may authorize work necessary to be done immediately by the
city to make the premises secure. The cost to secure the property
shall be paid by the property owner within 30 days of billing by the
city. If the costs are not paid, the city may file suit, or take other
action allowed by law to compel payment.
(Ordinance 2013-01-30, sec. 2013-01-30.013,
adopted 1/22/13)
The city may foreclose a lien on property under this article:
(1)
In
a proceeding relating to the property brought under subchapter E,
chapter 33, Tax Code; or
(2)
In
a judicial proceeding, if:
(A)
A building or other structure on the property has been demolished;
(B)
A lien for the cost of the demolition of the building or other structure
on the property has been created and that cost has not been paid more
than 180 days after the date the lien was filed; and
(C)
Ad valorem taxes are delinquent on all or part of the property.
(Ordinance 2013-01-30, sec. 2013-01-30.014,
adopted 1/22/13)
Real property seized under a tax warrant issued under subchapter
E, chapter 33, Tax Code, or ordered sold pursuant to foreclosure of
a tax lien, may be bid off to the city for the aggregate amount of
the judgment against the property or for the market value of the property
as specified in the judgment, whichever is less.
(Ordinance 2013-01-30, sec. 2013-01-30.015,
adopted 1/22/13)
