(a) 
This article shall be known as the unsafe and dangerous buildings article.
(b) 
This article covers the responsibilities of owners or occupants of property subject to this article and the city’s authority to require or direct the securement, vacancy, repair, removal, and/or demolition of buildings and property; prescribes procedures for notice to owners, hearings, appeals and other procedural requirements, and establishes a municipal lien and civil and criminal penalties for violations of this article.
(c) 
This article is hereby declared to be remedial and is intended to promote the beneficial interests and purposes hereof, which are to promote public health, safety and welfare insofar as they are affected by the use, occupancy, or maintenance of property.
(d) 
In interpreting and applying the provisions of this article, they shall be held to be the minimum requirements for the promotion of public health, safety, and welfare.
(e) 
Whenever in this article there may be restrictions or provisions which might conflict, the more restrictive restrictions or provisions shall apply; provided, however, that this article shall be liberally construed to obtain substantial compliance with its provisions.
(Ordinance 2020-02 adopted 7/2/20)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Affected property.
Any property in violation or alleged to be in violation of this article.
Building.
A structure of any kind or any part thereof, including but not limited to those erected for the support, shelter or enclosure of persons, animals, chattel or personal property of any kind.
Building and standards commission or commission.
The building and standards commission of the city.
Building official.
Any authorized person employed by the city and assigned or designated by the city manager to carry out the administration and enforcement of this article.
City or municipality.
The City of Edna, Texas.
Dangerous building or dwelling.
Any building or structure that has one or more defects or deficiencies set forth in section 3.03.004.
Dwelling.
Any building or structure or part thereof, used or intended to be used for human habitation and shall include any appurtenances belonging thereto or used customarily therewith.
Dwelling unit.
A room or enclosed floor space within a dwelling or building and forming a single unit used or intended to be used for human occupancy for one or more individuals. Notwithstanding the foregoing, units in the following buildings are not dwelling units:
(1) 
Jails;
(2) 
Hotels; and
(3) 
Buildings providing sleeping facilities primarily for the purpose of rendering services regulated by a department or agency of the federal government or of the state (including, but not limited to, the Texas Department of State Health Services).
Habitable space.
A room or other interior space lawfully occupied for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage rooms, and utility rooms are not habitable spaces.
Occupant.
Any person having lawful possession of a building or a portion thereof, including a tenant and his invitees.
Owner.
A person who holds one of the following legal interests in real property:
(1) 
Fee simple title;
(2) 
Life estate;
(3) 
Leasehold estate, unless the context differentiates between owner and occupant;
(4) 
A person (such as an executor, receiver, or trustee, depending upon the terms of the person’s appointment) who by operation of law holds rights in real property materially equal to those of a holder of fee simple title; or
(5) 
The buyer in a contract for deed.
Premises or property.
A lot, plot or parcel of land, including the buildings or structures thereon.
Refuse.
Garbage, rubbish, or anything discarded or rejected as useless or worthless.
Repair.
The permitted lawful replacement of existing work with the same kind of material used in the existing work, or permitted substitute, or any work necessary to obtain compliance with the requirements of this article 3.03 of the City’s Code of Ordinances.
Resident.
An individual lawfully residing in a building.
Sanitary.
Describes a condition of good order and cleanliness reasonably likely to preclude the transmission of disease.
Substandard.
Not meeting the minimum standards as provided in section 3.03.005.
(Ordinance 2020-02 adopted 7/2/20)
All dangerous buildings are hereby declared to be public nuisances, and shall be repaired, vacated and repaired, or vacated and demolished as provided by this article.
(Ordinance 2020-02 adopted 7/2/20)
A building that has at least one of the following characteristics:
(1) 
The interior walls or other vertical structural members list, lean or buckle to such an extent that a plumbline from the top of the wall or member falls further than one-third of the width of the base of the wall or member from the edge of such base, or show other visual signs of deterioration to such a degree that, in the opinion of the building official, pose an imminent hazard to the building or its occupants; and such listing, leaning or buckling shall cause said building to be unsafe and subject to correction or demolition.
(2) 
The foundation or the vertical or horizontal supporting members are 25% or more damaged or deteriorated.
(3) 
The nonsupporting walls, ceilings, roofs or floors are 50% or more damaged or deteriorated.
(4) 
Improperly distributed loads upon the floors or roofs in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose.
(5) 
A building with unsafe electrical wiring.
(6) 
A building with unsafe natural gas piping or equipment.
(7) 
Having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of ingress or egress.
(8) 
Having parts of the structure that are so attached they may fall and injure occupants of the structure, members of the public or other property.
(9) 
All buildings that, because of their condition, are unfit for human habitation and a hazard to the public health, safety, and welfare.
(10) 
All buildings, regardless of their structural condition, that are unoccupied by their owners, lessees, or other invitees and are unsecured from unauthorized entry to the extent that they could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children.
(11) 
All buildings that, despite being boarded up, fenced, or otherwise secured, constitute a danger to the public.
(12) 
All buildings that are boarded up, fenced or otherwise secured in a manner that is inadequate to prevent unauthorized entry or use of a building and, as such, that they could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children.
(13) 
All buildings having fire, wind, water, vandalism, or other causes that have damaged the structure to such an extent that it presents a danger to the health, safety and welfare of the occupants of the structure, members of the public, or other property.
(14) 
Any building that is dilapidated, decayed or unsanitary to such an extent that it constitutes a health or fire hazard to its occupants, members of the public, or other property.
(Ordinance 2020-02 adopted 7/2/20)
To protect the public health, safety, and welfare, the following minimum standards are hereby established for the continued use and occupancy of all property, including any structures thereon, regardless of construction date. Owners and occupants shall act in accordance with the following provisions:
(1) 
General maintenance.
Each property shall be maintained by its owner in a safe and sanitary condition. An owner of property shall:
(A) 
Eliminate any unprotected hole, open excavation, sharp protrusion from the ground or walls, and any other object or condition on the premises reasonably likely to cause injury to an individual;
(B) 
Securely seal or plug any unused water well; secure any pump house and electrical service for operating water wells; remove an unused septic tank or grease trap, or pump the effluent and fill the tank or trap with soil or sand; remove or fill an unused cesspool or cistern with soil or sand; and securely cover all septic tanks or grease traps in service;
(C) 
Remove dead trees, tree limbs, and other debris reasonably likely to cause injury to an individual or to provide living or breeding places for insects, ectoparasites, or rodents, provided that a reasonably-sized accumulation of compost shall not constitute a violation of this subsection; and
(D) 
Keep doors and windows of any vacant portion of a building secured.
(2) 
Structural standards.
An owner of property shall:
(A) 
Protect the exterior surfaces subject to decay by application of a protective covering or coating or other surface preservative;
(B) 
Fill any unprotected or unenclosed hollow masonry piers, foundation holes, and other openings reasonably likely to cause injury to an individual;
(C) 
Provide and maintain handrails for stairways, ramps, balconies, and porches more than 30 inches above grade;
(D) 
Maintain dwellings in a weatherproof condition;
(E) 
Maintain floors, supporting walls, ceilings, and all supporting structural members in a sound and safe condition, capable of bearing imposed loads safely;
(F) 
Maintain each inside and outside stairway, porch, and appurtenance thereto in a sound and safe condition, capable of bearing imposed loads safely;
(G) 
Provide cross-ventilation of not less than 1-1/2 square feet for each 25 linear feet of wall in each basement or crawl space not mechanically ventilated;
(H) 
Repair or replace any chimney flue or vent attachment reasonably likely to constitute a health or safety hazard;
(I) 
In a floor, wall, ceiling, porch, step, or balcony, repair any hole, crack, break, or loose material reasonably likely to constitute a health or safety hazard; and
(J) 
Maintain all fences and accessory structures, including detached garages and sheds, in a structurally sound condition and in good repair.
(3) 
Utility standards.
An owner of property shall:
(A) 
In each non-vacant dwelling and dwelling unit, provide and maintain in good operating condition one or more connections to discharge sewage from the building into a public sanitary sewer system, where service is available, or into an approved septic system where public sanitary sewer service is not available;
(B) 
In each non-vacant dwelling and dwelling unit, provide and maintain in good operating condition a toilet located in a room affording privacy to the user and connected to a water source and to a public sanitary sewer system, where service is available, or to an approved septic system where public sanitary sewer service is not available;
(C) 
In each non-vacant dwelling and dwelling unit, provide and maintain in good operating condition connections and pipes to supply potable water at adequate pressure;
(D) 
In each non-vacant dwelling and dwelling unit, provide and maintain in good operating condition a device to supply hot water at a minimum temperature of 120 degrees Fahrenheit;
(E) 
In each non-vacant dwelling and dwelling unit, provide a bathtub or shower in a room affording privacy to the user and maintain connections to sources of cold and hot water for each bathtub, shower, and lavatory;
(F) 
In each kitchen, provide and maintain connections to sources of cold and hot water for a sink;
(G) 
In each habitable space, provide and maintain in good operating condition heating equipment capable of maintaining a minimum inside temperature of 70 degrees Fahrenheit when it is 20 degrees Fahrenheit outside, the inside temperature to be measured at a point three feet above the floor;
(H) 
In each habitable space, if screens are not provided as required in subsection (4)(B) of this section, provide and maintain in good operating condition refrigerated air equipment capable of maintaining a maximum inside temperature 20 degrees Fahrenheit lower than the outside temperature or 80 degrees Fahrenheit, whichever is warmer;
(I) 
In each non-vacant dwelling or dwelling unit provide and maintain in good operating condition such electrical circuits and outlets as are sufficient to carry safely an electrical load imposed by the normal use of equipment, appliances, and fixtures;
(J) 
In each habitable space, connect the space to an approved electrical service and provide and maintain in good operating condition either two wall-type convenience outlets or one wall-type convenience outlet and one ceiling-type light fixture with a wall switch;
(K) 
In each bathroom, toilet room, laundry room, and furnace room in a non-vacant building, connect the room to an approved electrical service and provide and maintain in good operating condition one ceiling or wall-type light fixture or one wall-type convenience outlet;
(L) 
Provide each public hall and stairway with illumination sufficient to allow occupants who are not visually impaired to use the hall or stairway without an unreasonable risk to safety; and
(M) 
In each non-vacant dwelling and dwelling unit, connect each heating or cooking device that burns solid fuel to a chimney or flue.
For purposes of this section, existing plumbing and electrical equipment and heating and cooling facilities that at the time of installation were in compliance with the then-existing requirements are permissible, provided the equipment or facility is in good operating condition and capable of being used in a safe manner.
(4) 
Health standards.
An owner of property shall:
(A) 
Substantially eliminate insects, ectoparasites, and rodents in or on the premises;
(B) 
Provide and maintain a screen for keeping out insects at each exterior opening of each non-vacant dwelling and dwelling unit not cooled with refrigerated air;
(C) 
Maintain the interior of each vacant building or vacant portion of a building free from refuse;
(D) 
Properly grade the property surrounding a building to obtain thorough drainage and to prevent the accumulation of stagnant water;
(E) 
Provide each non-vacant dwelling and dwelling unit with means of egress as required at the time of construction; and
(F) 
Provide a kitchen in each dwelling and dwelling unit.
(5) 
Light and ventilation standards.
An owner of property shall:
(A) 
Provide each habitable space with at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for each such space shall be ten percent of the floor space of the room. Whenever walls or other portions of structures face a window of any such room and light-obstructing structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, the window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of the room, the total window area of the skylight shall equal at least 15 percent of the total floor space of the room. For purposes of this section, a sliding glass doors shall be considered equivalent to a window;
(B) 
Provide each habitable space with at least one window or skylight that can be opened easily, with a total openable window area in each such space equal to at least 40 percent of the minimum window area size or minimum skylight size or, if city code does not require windows, provide an approved ventilation system; and
(C) 
Provide each bathroom and toilet room with facilities meeting the light and ventilation standards for habitable spaces, except that no window or skylight is required in an adequately ventilated bathroom or toilet room equipped with an approved ventilation system.
(6) 
Responsibilities of occupant.
An occupant, with regard to any portion of a property under the occupant’s control, shall:
(A) 
Keep the premises free from refuse and other conditions likely to encourage infestation by insects, ectoparasites, or rodents;
(B) 
Install in accordance with applicable codes and laws any plumbing fixtures, heating equipment, electrical equipment, and mechanical equipment supplied by the occupant;
(C) 
Not alter the property so as to create a violation of this article; and
(D) 
With regard to dwellings and dwelling units, if the building was treated to eliminate insects, ectoparasites, and rodents by a duly licensed exterminator within either (i) two weeks before the date the occupant took occupancy; or (ii) the preceding six months if there has been more than one residential lease during the preceding six months, the occupant of the structure is responsible for keeping the interior of the structure free from insects, ectoparasites, and rodents.
(Ordinance 2020-02 adopted 7/2/20)
The building official is hereby authorized and directed to inspect or cause to be inspected any property he or she has probable cause to believe is in violation of the provisions of this article. If an owner, occupant, agent, or person in control of the property refuses permission to enter or inspect, or if the building inspector is otherwise unable to obtain permission to enter or inspect, he or she may seek an administrative search warrant as provided for by article 18.05 of the Code of Criminal Procedure.
(Ordinance 2020-02 adopted 7/2/20)
After an initial determination that a property is in violation of this article, the building official shall provide written notice of violation to all known owners and occupants by personal delivery, certified mail with return receipt requested, or by the United States Postal Service using signature confirmation on services. Such notice shall include the following information:
(1) 
Name of owner and occupant;
(2) 
Street address or legal description of the affected property;
(3) 
A complete, itemized statement or list of violations;
(4) 
Whether the property should be repaired, vacated, and/or removed or demolished and the date with which such action(s) shall be taken;
(5) 
Whether any building on the affected property constitutes a fire hazard; and
(6) 
A notice pursuant to section 54.005 of the Local Government Code (as amended), regarding change of ownership of the property in question.
(Ordinance 2020-02 adopted 7/2/20)
(a) 
If the owner or occupant does not cure the violations within (15) days of the date on which notice of violation is provided, the building official may request a public hearing in front of the building and standards commission.
(b) 
Upon receiving a request for hearing, from either the building official or violator, the building and standards commission, or its designee, shall give written notice via personal delivery, certified mail with return receipt requested, or by United States Postal Service using signature confirmation of service, to each owner, occupant, mortgagee, and lienholder, to appear before it on the date specified in the notice. A notice of hearing must be given at least ten (10) days before the hearing date and must include the name and address of the owner of the affected property, an identification, which is not required to be a legal description, of the building, if applicable, and the affected property on which it is located, a description of the hearing, and a statement that the owner, occupant, 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 this ordinance and the time it will take to reasonably perform the work. Additional notice shall be provided to occupants and 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 and on one occasion on or before the 10th day before the date fixed for the hearing publish notice in a newspaper of general circulation in which the property is located.
(c) 
In addition, the building and standards commission, or its designee, may file notice of the hearing in the official public records of real property in the county. A notice of hearing filed in the official records must contain the name and address of the owner of the affected property if the information can be determined, a legal description of the affected property, and a description of the hearing. The filing of notice is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after the filing of the notice and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice.
(d) 
A diligent effort, best effort, or reasonable effort to determine the identity and address of an owner, lienholder, or a mortgagee is satisfied if a search is done on the following records:
(1) 
County real property records of the county in which the building or premises is located;
(2) 
Appraisal district records of the appraisal district in which the building or premises is located;
(3) 
Records of the Secretary of State;
(4) 
Assumed name records of the county in which the building or premises is located;
(5) 
Tax records of the municipality; and
(6) 
Utility records of the municipality.
When a notice is mailed in accordance with this article to a property owner, occupant, 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.
(e) 
At the public hearing, the commission shall hear such relevant testimony and receive any relevant evidence as may be presented by any department of the city, the building official, or the owner, occupant, lienholder, mortgagee, or any other person having an interest in the affected property. In a public hearing to determine if a violation has occurred, as described within this article, the owner, occupant, lienholder, or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with this article and the time it will take to reasonably perform the work.
(f) 
At the public hearing, the commission shall determine, by concurring vote of a majority of the commissioners then serving, whether there is a violation, as defined by this article. The commission shall make written findings of fact from the testimony and evidence offered pursuant to subsection (e) above.
(g) 
After deliberation, the commission shall issue an order based upon its finding of facts, that is signed by the chairperson, or acting chairperson, commanding the owner, occupant, lienholder, or mortgagee to vacate, repair, and/or demolish any property found to be in violation of this article. A copy of the order shall be promptly delivered by certified mail with return receipt requested, by the United States Postal Service using signature confirmation of service, or by personal delivery, to the owner and/or occupant, and to any lienholder and mortgagee of the affected property.
(h) 
In determining what action to take, the commission shall consider the following standards if ordering repair, vacation, securement, removal or demolition:
(1) 
If the property can reasonably be repaired and brought into compliance with this article, it shall be ordered vacated and/or repaired.
(2) 
If the property is fifty (50) percent or greater percent damaged or decayed or deteriorated, it shall be ordered vacated, secured, and removed or demolished.
(3) 
If the property cannot be repaired so that it can be brought into compliance with this article, it shall be ordered vacated, secured, and removed or demolished.
(4) 
If the property is a fire hazard existing or erected in violation of the terms of this article or any other ordinance of this city or statute of the state, it shall be ordered vacated, secured, and removed or demolished provided the fire hazard will be eliminated by the owner or other interested person within a reasonable time.
(i) 
Upon a finding by the commission that a building is a dangerous building, the building official shall post on the building or in other conspicuous places visible from the nearest public street at least two copies of a brightly colored placard, the text of which shall be in a typeface no smaller than 28 points and include the following language:
THE BUILDING OFFICIAL OF THE CITY OF EDNA POSTED THIS NOTICE ON _________, 20__, AT ______:_______.m.
THIS BUILDING HAS BEEN FOUND TO BE A DANGEROUS BUILDING AND ITS OCCUPANCY IS REASONABLY LIKELY TO RESULT IN INJURY OR ILLNESS.
ENTRY INTO THIS BUILDING IS PROHIBITED, EXCEPT (1) BY AUTHORIZED EMPLOYEES AND AGENTS OF THE CITY OF EDNA OR (2) BY PERSONS AUTHORJZED BY THE BUILDING OWNER TO PERFORM WORK FOR WHICH THE CITY HAS ISSUED ALL REQUIRED PERMITS.
IT IS A VIOLATION OF MUNICIPAL LAW TO ALTER OR REMOVE THIS NOTICE.
(j) 
No person shall occupy, let to another person for occupancy, or otherwise make available for use by any person a property if the occupancy or use violates the terms of a placard placed on the property by the building official pursuant to this section. No person shall remove a placard to which this section refers except upon the written instruction of the building official who posted the placard, which instruction shall not be issued unless the condition(s) that caused the placard to be posted has been abated.
(k) 
Within 10 days after the date the order is issued, the building and standards commission, or its designee, shall file a copy of the order with the municipal secretary or clerk and publish in a newspaper of general circulation in which the affected property is located a notice containing 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.
(l) 
Upon determining that there is a violation of section 3.03.004 or 3.03.005, the commission shall require the owner, occupant, lienholder, or mortgagee to:
(1) 
Immediately secure the property from unauthorized entry; and/or
(2) 
To repair, remove, or demolish the property within 30 days unless the owner, occupant, lienholder, or mortgagee establishes at the hearing that the work cannot be reasonably performed within 30 days.
(m) 
If the commission allows the owner, occupant, lienholder, or mortgagee more than 30 days to repair, remove, or demolish the affected property, the commission shall establish specific time schedules for the commencement and performance of the work and shall require the owner, occupant, lienholder, or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed.
(n) 
The commission may not allow the owner, occupant, lienholder, or mortgagee more than 90 days to repair, remove, or demolish the affected property 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.
(o) 
If the commission allows the owner, occupant, lienholder, or mortgagee more than 90 days to complete any part of the work required to repair, remove, or demolish the affected property, the commission shall require the owner, occupant, lienholder, or mortgagee to regularly submit progress reports to the commission to demonstrate compliance with the time schedules established for commencement and performance of the work. The order may require that the owner, occupant, lienholder, or mortgagee appear before the commission or report to the building official to demonstrate compliance with the time schedules. If the owner, occupant, lienholder, or mortgagee owns property, including structures or improvements on property, within the municipal boundaries that exceeds $100,000.00 in total value, the commission may require the owner, occupant, 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 subsection. In lieu of a bond, the commission may require the owner, occupant, lienholder, or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party approved by the municipality. 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 municipality issues the order.
(p) 
The order shall also state the following:
(1) 
That the decision of the commission may be appealed by filing of a verified petition in district court within 30 days of the date of delivery of said order pursuant to section 3.03.010; and
(2) 
That if the affected property is not vacated, secured, repaired, removed, or demolished, or if the occupants are not relocated within the time allotted, the city may complete the ordered action and place a lien or impose a civil penalty as provided in section 3.03.011.
(q) 
Notice for any subsequent hearing shall be provided in accordance with subsection (b) of this section.
(Ordinance 2020-02 adopted 7/2/20)
(a) 
The building official may secure a building that:
(1) 
Violates the minimum standards; and
(2) 
Is unoccupied or is occupied only by persons who do not have a right of possession to the building.
(b) 
Before the 11th day after the date the building is secured, the municipality 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 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.
(c) 
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 minimal standards that is present at the building;
(3) 
A statement that the building official will secure or has secured, as the case may be, the building; and
(4) 
An explanation of the owner’s entitlement to request a bearing about any matter relating to the building official’s securing of the building.
(d) 
The commission shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the securing of the building if, within 30 days after the date the building official secures the building, the owner files with the commission a written request for the hearing. The commission shall conduct the hearing within 20 days after the date the request is filed.
(e) 
The commission has the same authority to assess expenses and create a lien under this section as it has under section 3.03.011.
(Ordinance 2020-02 adopted 7/2/20)
Any owner, occupant, lienholder, or mortgagee of record of property jointly or severally aggrieved by an order of the building and standards commission issued under this article may file in district court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be filed by an owner, lienholder, or mortgagee within thirty (30) calendar days after the respective dates on which a copy of the final decision of the commission is personally delivered to them, mailed by first class mail with certified return receipt requested, or delivered to them by United States Postal Service using signature confirmation service, or such decision shall become final as to each of them upon the expiration of each such thirty (30) day calendar day period.
(Ordinance 2020-02 adopted 7/2/20)
(a) 
If an owner or other interested party does not vacate, secure, repair, remove, or demolish the affected property or dangerous building within the time allotted in the order issued pursuant to this article, the city, or its designee, may complete the ordered action at the city’s expense. If the city, or its designee, repairs the property, such repairs shall only be to the extent required to meet minimum standards and only if the building is a dwelling with 10 or fewer dwelling units.
(b) 
As an alternative to subsection (a), a civil penalty may be assessed against the owner for failure to repair, remove or demolish the affected property. A notice of penalty shall be personally delivered, mailed by ce1tified mail with return receipt requested, or delivered by United States Postal Service using signature confirmation of service to the owner advising the amount and duration of the penalty, the date on which it is due, and notice that failure to pay said penalty shall result in a lien being placed on the property.
(c) 
In addition to subsections (a) and (b) above, the city may assess and recover a civil penalty against the property owner at the time of the hearing for violations of this article. Said penalty shall not exceed $1,000.00 a day for each violation or, if the owner shows the property is the owner’s lawful homestead, in an amount not to exceed $10.00 a day for each violation, if the building official proves:
(1) 
The property owner was notified of the requirements of this article and the owner’s need to comply with the requirements; and
(2) 
After notification, the property owner committed an act in violation of this article or failed to take an action necessary for compliance with this article.
(d) 
Any expenses incurred by the city pursuant to subsection (a) of this section and any civil penalties assessed against the owner pursuant to subsections (b) and (c) of this section will be assessed against the property on which the building stands or stood. Prior to filing any lien, the city shall provide the owner with notice of its expenses and allow an opportunity for those to be paid; said notice shall be personally delivered, mailed by certified mail with return receipt requested, or delivered by United States Postal Service using signature confirmation of service. The city will have a privilege lien upon filing notice of same in the official public records of the county subordinate only to tax liens against the property unless it is a homestead as protected by the state constitution. Said notice of lien 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 municipality, and the balance due. The lien will be extinguished if the property owner or other interested party reimburses the city for all expenses and penalties.
(Ordinance 2020-02 adopted 7/2/20)
(a) 
All notices delivered to an owner of real property pursuant to this article shall include the following statement:
According to the real property records of Jackson County, Texas you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 20th day after the date you receive this notice. If you do not send the affidavit, it will be presumed that you own the property described in this notice, even if you do not.
(b) 
Upon receipt of an affidavit provided as a result of this notice, notice shall be delivered to the person named in the affidavit as having acquired the property. The city secretary shall:
(1) 
Maintain the affidavit on file for at least two years after the date the entity receives the affidavit; and
(2) 
Deliver a copy of the affidavit to the chief appraiser of the appraisal district in which the property is located.
(Ordinance 2020-02 adopted 7/2/20)
(a) 
Upon discovery of a violation of this article, the building official may:
(1) 
Issue a criminal citation enforceable in municipal court for the violation of any provision of this article, provided that the owner of a dangerous building or the owner or occupant of a property in violation of the minimum standards was provided with notice of the violation and afforded a reasonable opportunity to cure the violation; or
(2) 
Pursue the civil remedies provided in section 3.03.011.
(b) 
It is an affirmative defense to prosecution of an owner for violation of this article that:
(1) 
The property is the site of new construction and reasonable and continuous progress is being made to complete the construction;
(2) 
With respect to section 3.03.005(3)(C), (3)(D), and (3)(G) through (3)(K), that:
(A) 
The applicable utilities were disconnected from the premises by or at the instruction of the owner, who was legally authorized to cause the termination of utility service because of non-payment of rent;
(B) 
The tenant did not pay the utilities directly to the utility company; and
(C) 
The premises otherwise were in substantial compliance with this article; or
(3) 
The violation was not capable of discovery by the owner upon reasonable investigation or inspection.
(Ordinance 2020-02 adopted 7/2/20)
Unless stated otherwise, a violation of any provision of this article shall constitute a violation of an ordinance that governs fire safety or public health and sanitation and shall be punished by a fine not to exceed two thousand dollars ($2,000.00). Each day any violation of this article shall continue shall constitute a separate and distinct offense.
(Ordinance 2020-02 adopted 7/2/20)