[1]
Editor’s note–Ordinance 613, sec. II, adopted August 27, 2013, in effect repealed the former article III, secs. 8-57–8-70, and enacted a new article III as set out herein. The former article III pertained to similar subject matter and derived from Ordinance 236, adopted July 10, 1989 and Ordinance 236-A, adopted June 12, 1995.
This article is in addition to the minimum housing code sections of the adopted most current edition of the International Building Code, as amended by local ordinance and subsequent editions.
(Ordinance 613, sec. II, adopted 8/27/13; Ordinance 757 adopted 3/28/19)
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Alter or alteration
means any change, addition or modification in construction or occupancy.
Approved
means having the approval of the code compliance officer as the result of investigation and tests conducted by him or by reason of accepted principles or tests by national authorities, technical or scientific organizations; or having the approval of the appropriate enforcement official of the city as being in compliance with the standards and requirements of any code or ordinances of the city that applies specifically to the item in question.
Building
means a roof supported by walls or columns.
Building code
means the City of Granite Shoals Building Code and amendments thereto.
Code compliance officer
means the officer and his deputies charged with the administration and enforcement of this article.
Dwelling unit
means a suite of two or more habitable rooms that are occupied or that are used, designed, or intended to be occupied by one family, with facilities for living, sleeping, cooking and eating.
Existing building
means a building erected or one for which a legal building permit has been issued prior to the effective date of this article.
Exit
means a continuous and unobstructed means of egress to a public way, including intervening doorways, corridors, ramps, stairways, fire escapes, horizontal exits, exterior courts and yards.
Extermination
means the control and elimination of insects, rodents, and vermin by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating or trapping; or by other approved means.
Garbage
means the animal, vegetable and mineral waste resulting from the handling, preparation, cooking and consumption of food.
Infestation
means the presence of insects, rodents, vermin or other pests within or contiguous to a dwelling, dwelling unit, rooming house, rooming unit or premises.
Maintain
means keep, preserve, erect, construct, enlarge, alter, repair, move, improve, convert, equip, use, maintain status quo, permit to deteriorate, or permit to exist.
Nuisance,
the following shall be defined as nuisances:
(1) 
Any public nuisance known at common law or in equity jurisprudence.
(2) 
Any attractive nuisance that may prove detrimental to children, whether in a building, on the premises of a building or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators or junked motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation that may prove a hazard for inquisitive minors.
(3) 
Whatever is dangerous to human life or is detrimental to health.
(4) 
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
Owner
means any person who possesses legal title to the premises concerned, including, but not limited to: A feeholder. Any person listed as owner of any such premises upon the last approved city tax roll previous to the offense date shall be presumed to be the owner for purposes of this article.
Person
means any individual, corporation, firm, association, trust, partnership or group of two or more persons having a joint or common economic interest, including nonprofit, religious, charitable, and professional entities.
Repair
means the reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The term “repair” shall not apply to any change of construction or additions to a building.
Responsible person
means any person using or having control of the premises, including, but not limited to: a lessor, lessee, occupant, vendor under contract of sale, vendee under contract of sale, person in possession, person with right to immediate possession, assignee of rents, receiver, trustee, executor, or person having express, implied, or apparent authority to exercise control of such property as an agent.
Rooming unit
means any room or group of rooms forming a single habitable unit used or intended to be used for living or sleeping but not for cooking or eating purposes.
Rubbish
means all combustible and noncombustible waste, except garbage.
Substandard or substandard condition
means either not meeting or conforming with one or more of the standards or specifications set forth in section 8-65 of this article or possessing one or more of the conditions or defects set forth in that section.
Window
means a glazed opening, including glazed doors, that open upon a yard, court or recess from a court, or a vent shaft open and unobstructed to the sky.
(Ordinance 613, sec. II, adopted 8/27/13; Ordinance 619, sec. II(C), adopted 9/10/13)
The purpose of this article is to provide just, equitable and practicable civil and criminal methods to be cumulative with and in addition to any other remedy provided by the city building code, or otherwise available at law, whereby buildings or structures that from any cause might endanger the life, limb, health, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished.
(Ordinance 613, sec. II, adopted 8/27/13)
The provisions of this article shall apply to all buildings and structures or portions thereof as herein defined that are now in existence or that may hereafter be constructed in the city.
Existing buildings or structures that are altered or enlarged shall be made to conform to the building code of the city. Existing buildings or structures that are moved or relocated shall be considered new construction and shall comply with all requirements of the city’s building code and zoning ordinance.
(Ordinance 613, sec. II, adopted 8/27/13)
All of the regulations provided in this article and the functions and duties of all officers, agents, servants or employees of the city in the enforcement of this article are declared to be governmental and for the benefit of the general public. Any member of the city council and city official or employee charged with the enforcement of this article acting for the city in the discharge of his duties shall not thereby render himself personally liable by the performance of any act required or permitted in the discharge of his duties.
(Ordinance 613, sec. II, adopted 8/27/13)
Any reference made in this article to any other law, statute, code, ordinance, rule, regulation, or similar statutory or quasi-statutory material is intended to incorporate such material both as it presently exists and also any future amendments, changes, revisions, repeals, or recodifications of such material, unless otherwise expressly provided.
(Ordinance 613, sec. II, adopted 8/27/13)
(a) 
Each owner or responsible person remains liable for violation(s) of duties imposed upon him by this article, even though an obligation is also imposed on the occupants of his building and even though the owner or responsible person has, by agreement, imposed on the occupants the duty of furnishing required equipment or complying with this article.
(b) 
Each owner, responsible person, or his agent, in addition to being responsible for maintaining his building in a sound structural condition, shall be responsible for keeping that part of the building or premises that he occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in such building or structure.
(c) 
Each owner, responsible person, or occupant shall, where required by this article or other applicable ordinances, furnish and maintain adequate sanitary facilities; shall furnish and maintain adequate devices, equipment, facilities, or services for the prevention of insect and rodent infestation; and, where infestation exists, shall be responsible for the extermination of any insects, rodents, or other pests.
(d) 
Each occupant of a building or structure, in addition to being responsible for keeping that part of the building, structure or premises that he occupies and controls in a clean, sanitary and safe condition, shall dispose of all rubbish, garbage and other organic waste in such manners as is required by applicable ordinances of the city.
(e) 
Each occupant shall, where required by this article or other applicable ordinances, furnish and maintain adequate devices, equipment, facilities, or services necessary to keep his premises safe and sanitary.
(f) 
The failure of any such person to receive any notice or order deposited in the United States mail shall not affect the validity of any proceedings taken under this article. Service by mail in the manner herein provided shall be effective on the date of mailing.
(g) 
The failure of the code compliance officer to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed upon him by the provisions of this article.
(Ordinance 613, sec. II, adopted 8/27/13)
(a) 
Duties.
(1) 
The code compliance officer or officers is hereby authorized and directed to enforce all the provisions of this article.
(2) 
The code compliance officer and the code compliance officer’s authorized representatives shall be authorized to make inspections of all buildings, houses, and premises within the city for the purposes of determining that the provisions of this article are fully complied with. If there is probable cause to suspect that any building or premises is in violation of this article, and:
a. 
If such building or premises is open and clearly unoccupied, the code compliance officer may enter such building or premises for the purpose of inspecting same without prior notice to any person; or
b. 
If such building or premises is closed or if a reasonably prudent person would have reason to believe that such premises is occupied, the code compliance officer shall have recourse to every procedure, right, or remedy provided by law to secure entry for the purpose of inspecting same, including, but not limited to, by obtaining a search warrant.
(3) 
For purposes of this section, a building or premises shall be “closed” if entry cannot be gained without the use of force, however slight, including, for example, the force necessary to open an unlocked door or climb into an open window. A building or premises shall be “occupied” if occupied for either residential or business purposes.
(b) 
Civil penalties.
The city and its officials shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief and may be fined up to two hundred fifty dollars ($250.00) a day when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article. Any violation of this article is hereby declared to be a nuisance.
(c) 
Criminal prosecution.
Any person violating any provision of this article is guilty of a misdemeanor and shall, upon conviction, be fined a sum not exceeding five hundred dollars ($500.00), except as may be other expressly provided herein or by state law. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(Ordinance 613, sec. II, adopted 8/27/13; Ordinance 757 adopted 3/28/19)
The following are defective conditions in buildings or structures:
(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 stress in any materials, member 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, as amended, for new buildings of similar structure, purpose, or location;
(3) 
Whenever any portion of any building or structure 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 occurrence and is less than the minimum requirements of the building code, as amended, for new buildings of similar structure, purpose or location;
(4) 
Whenever any portion or member or appurtenance thereof is likely to fail, to become detached or dislodged or to collapse, thereby injuring persons or damaging property;
(5) 
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 the [amount] 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;
(6) 
Whenever any portion thereof has wracked, warped, buckled, twisted 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;
(7) 
Whenever the building or structure or any portion thereof is likely to collapse partially or completely, because of:
a. 
Dilapidation, deterioration or decay;
b. 
Faulty construction;
c. 
The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;
d. 
The deterioration, decay or inadequacy of its foundation; or
e. 
Any other cause.
(8) 
Whenever for any reason the building or structure or any portion thereof is manifestly unsafe for the purpose for that it is being used;
(9) 
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;
(10) 
Whenever a supporting member, other than columns, of a building or structure is 33 percent or more damaged or deteriorated or there is 50 percent damage to or deterioration of its nonsupporting member, or a column is ten percent or more damaged or deteriorated;
(11) 
Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance;
(12) 
Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure as provided by the building regulations of this city as specified in the building code, as amended, or in violation of any law of this state or ordinance of this city relating to the condition, location, or structure of buildings;
(13) 
Whenever any building, structure or any member or portion thereof does not have the fire-resistant qualities and characteristics required by law in the case of a newly constructed building of like size, height, and occupancy in the same location;
(14) 
Whenever a building or structure, because of inadequate light, air, sanitation facilities, or otherwise, is determined by the code compliance officer to be unsanitary, unfit for human habitation, or in such a condition that it is likely to cause sickness or disease;
(15) 
Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistant construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire chief to be a fire hazard;
(16) 
Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence;
(17) 
Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure, or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public; or
(18) 
Whenever any potion of a building or structure has been so damaged by flood that the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
(Ordinance 613, sec. II, adopted 8/27/13)
(a) 
Commencement of public hearing.
Whenever the code compliance officer has inspected any premises and has found the existence of a substandard condition, he shall schedule a public hearing before the municipal court of record of the city to determine whether the building or structure complies with the standards set out in this article.
(b) 
Notice.
(1) 
Issuance of notice.
a. 
The code compliance officer shall issue a notice of hearing to each owner of the building and to each mortgagee and lienholder of the building and of the property on that it is located, as known and shown by the city and as shown by search of the following records:
1. 
Official public records of real property in the county, specifically in the county clerk’s office;
2. 
Appraisal district records for the country central appraisal district;
3. 
Records of the Texas Secretary of State;
4. 
Assumed name records for the county;
5. 
Tax records of the city; and
6. 
Utility records for the city.
b. 
The code compliance officer shall issue notice of hearing to all unknown owners by posting the notice as described in subsection (b)(3) below.
(2) 
Contents of notice.
Notice of the hearing described under subsection (a) of this section shall contain the following:
a. 
The street address, if any, or other description sufficient for identification of the premises upon that the building is located;
b. 
A statement that the code compliance officer has found the building to be substandard, with a general description of the conditions found to render the building substandard;
c. 
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 a reasonable time;
d. 
A statement specifying the date, time and place of the hearing; and
e. 
A statement that the owner will be afforded an opportunity to comment at the hearing and will be required to submit at the hearing proof of the scope of any work that may be required to comply with the minimum standards set out in this article and the time it will take to reasonably perform the work.
(3) 
Service of notice.
a. 
Notice of the hearing shall be given by certified mail with return receipt requested, delivered by the United States Postal Service using signature confirmation service, or by personal service. If the address of any person entitled to notice cannot be ascertained, or if service cannot be made by mail or in person after a reasonable attempt, and for all unknown owners, service shall be made 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. Refused and unclaimed notices at a verified last known address are deemed to be actual notice.
b. 
The notice shall be mailed and/or posted before the fourteenth (14th) day before the date of the hearing. Service by certified mail shall be effective on the date of mailing.
c. 
Proof of personal service shall be certified at the time of service by a written declaration executed by the person effecting service, declaring the date, time and manner in that service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail, shall be affixed to the copy of the notice retained by the code compliance officer.
d. 
Notice of the hearing may be filed in the official public records of real property in the county, specifically in the county clerk’s office. The notice shall contain:
1. 
The name and address of the owner of the affected property if that information can be determined.
2. 
A legal description of the affected property; and
3. 
A description of the hearing.
The filing of the notice is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after 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.
(c) 
Public hearing.
At the appointed date noticed to the owner, and lienholders or mortgagees, if applicable, a public hearing shall be held in the municipal court of record of the city.
(1) 
This hearing will begin with the city manager, fire marshal, fire chief, police chief, public works director, or their designee giving a brief description of how the building is not in compliance with the minimum standards of this article and is in violation of this article. The city’s representative shall give a brief but specific description of how the building is not in compliance with each standard claimed to be violated and present any information supporting the existence of the violation to the municipal court judge (“judge”).
(2) 
Thereafter, the owner, and any lienholder and/or mortgagee, or any other person with an interest in the property (ownership or otherwise) shall each be given an opportunity to be heard on the issue of whether or not the building is, in fact, a dilapidated building or a substandard building in violation of the minimum standards of this article, or whether or not the building is an unsecured vacant building in violation of this article or has not been properly boarded up. The owner, lienholder and/or mortgagee will also be required to submit at the hearing proof of the scope of any work that may be required to comply with this article and a projected time that it will take to reasonably perform the work. The owner, lienholder, and/or mortgagee may appear by or with a representative.
(d) 
In the public hearing to determine whether the building complies with the standards set out in this article, 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, and the time it will take to reasonably perform the work.
(e) 
After the public hearing, if the building is found to be in violation of the standards set out in this article, the judge may order that the building be vacated, secured, repaired, removed, or demolished by the owner within a reasonable time certain. The judge may also order that the occupants be relocated within a reasonable time certain.
(f) 
The order by the judge shall specify a reasonable time for the building to be vacated, secured, repaired, removed or demolished by the owner or for the occupants to be relocated by the owner, and an additional reasonable time shall be provided for the ordered action to be taken by any mortgagee or lienholder in the event that the owner fails to comply with the order within the time provided for the action by the owner.
(g) 
Within ten (10) days after the date that the judge issues the order, the city shall:
(1) 
File a copy of the order in the office of the city secretary; and
(2) 
Publish in one or more newspaper(s) of general circulation in the city, and file with the county clerk, a notice containing:
a. 
The street address or legal description of the property;
b. 
The date of the hearing;
c. 
A brief statement indicating the results of the order; and
d. 
Instructions stating where a complete copy of the order may be obtained.
(h) 
Time allowed to comply with order.
The judge shall require the owner, lienholder, or mortgagee of the building to, within thirty (30) days, secure the building from unauthorized entry; or 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.
(1) 
If more than thirty (30) days are allowed to the owner, lienholder, or mortgagee to repair, remove, or demolish the building, then the judge shall establish a specific time schedule 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.
(2) 
Notwithstanding anything to the contrary herein, the city will 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: (i) at the public hearing, presents a detailed plan and time schedule for the work, and (ii) establishes at the hearing that the work cannot be reasonably completed within ninety (90) days because of the scope and complexity of the work, or some other acceptable situation which will require longer to remedy. If more than ninety (90) days are allowed to an owner, lienholder, or mortgagee to complete any part of the work required to repair, remove, or demolish the building, the judge will require the owner, lienholder, or mortgagee to regularly submit progress reports to the city to demonstrate that the owner, lienholder or mortgagee has complied with the time schedule established for commencement and performance of the work. The order may require that the owner, lienholder, or mortgagee appear before the mayor, the mayor’s official designee, the city manager, the fire chief, other city employees, and/or the city council to demonstrate compliance with the time schedules.
(3) 
If the judge allows more than 90 days to complete the work, he/she may require a bond or other security as authorized under section 214.001 of the Texas Local Government Code.
(i) 
After the hearing, the city will promptly deliver by personal delivery or certified mail, return receipt requested, a copy of the order to the owner of the building, and to any identified lienholder or mortgagee of the building. The city shall follow the provisions of this section to determine the identity and address of any owner, lienholder, or mortgagee of the building.
(j) 
City action, costs and lien.
The judge’s order shall also provide that if the building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated, within the allotted time, the city may, no sooner than forty-five (45) days after the owner and any lienholder or mortgagee of the building received notice of the order, vacate, secure, remove, or demolish the building or relocate the occupants at its own expense. If the city incurs expenses hereunder, those expenses may be assessed on, and the city has a lien against, the property on which the building is or was located for such expenses. Said lien is extinguished only when the property owner or another person having an interest in legal title reimburses the city for the expenses. The lien arises and attaches to the property at the time the notice of lien is recorded and indexed in the office of the county clerk. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the property on which the building is or was located, the amount of expenses incurred by the city, and the balance due. If the notice is given, and the opportunity to relocate the tenants of the building or to repair, remove, or demolish the building is afforded to each owner, mortgagee and lienholder as set forth herein, the lien is a privileged lien, subordinate only to tax liens.
(k) 
Any notice or provision of a copy of an order required herein which is returned by the United States Postal Service as “refused” or “unclaimed” is deemed to have been delivered.
(1) 
If the judge orders that the owner, lienholder or mortgagee complete any part of the work required to repair, remove or demolish the building within a time period that is more than 90 days and the landowner, lienholder, or mortgagee owns property, including structures or improvements on property, within the city that exceeds $100,000.00 in total value, the council may order that the owner, lienholder or mortgagee post a cash or surety bond in an amount adequate to cover the cost of repairing, removing, or demolishing a building under section 8-72.
(2) 
Contents of order.
a. 
An order issued by the municipal court of record shall be in writing and shall set forth the decisions of the judge pursuant to this section. The court may do this for the protection of the health, safety, and welfare of the citizens of the city.
b. 
An order to repair shall set forth those items that need to be repaired.
c. 
An order to vacate shall require the code compliance officer to post notice to vacate at or upon each entrance and exit of the building or structure in substantially the form described by section 8-70.
(3) 
Failure to comply with order.
a. 
In addition to or as an alternate to the enforcement actions provided for in the preceding sections of this article, after the time allotted for the owner and/or lienholder and/or mortgagee to undertake the required actions, the municipal court judge may authorize the city to:
1. 
Repair the building at the expense of the city and assess the expenses against the land on which the building stands or to which it is attached after the hearing before the municipal court judge, with notice to the owner and the lienholder(s) or mortgagee(s); and/or
2. 
Assess a civil penalty against the property owner for failure to repair, remove, or demolish the building. The civil penalty will be assessed at a hearing before the municipal court judge after the allotted time for compliance has passed. The owner and/or lienholder will be notified of the hearing in the same manner as the owner and/or lienholder was notified of the hearing. The owner and/or lienholder shall have an opportunity to be heard prior to assessment of any other penalty. If the city manager, fire marshal, chief of police, fire chief, or their designee proves that the owner and/or lienholder was notified of the violation and that after notification the owner and/or lienholder committed an act in violation of this article, or failed to take the necessary action for compliance with this article, the municipal court judge may, in his discretion, assess a civil penalty.
b. 
The city may not repair a building beyond the extent necessary to bring the building into compliance with the minimum standards. The repairs may not improve the building to the extent that the building exceeds the minimum standards.
c. 
The city shall impose a lien against the land on which the building stands or stood to secure the payment of the repair, removal or demolition expenses, or the civil penalty, if any, assessed. Promptly after the imposition of the lien, the city must file of record, in recordable form, in the office of the county clerk, written notice of the imposition of the lien. The notice must contain a legal description of the land. Except as provided by section 214.001 of the Local Government Code of the state, the city’s lien to secure payment of the civil penalty or the cost of repairs, removal, or demolition 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 county clerk before the date the civil penalty was 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.
d. 
Any civil penalty or other assessment imposed under this article accrues interest at a rate of ten percent (10%) per year from the date of the assessment until paid in full.
e. 
The city, by order, may assess and recover a civil penalty against a property owner at the time of a hearing on violations of this article in an amount not to exceed $1,000.00 per day for each violation, if the city 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 action necessary for compliance with it.
f. 
This assessment of a civil penalty is final and binding, and constitutes prima facie evidence of the penalty in any suit brought by the city in a court of competent jurisdiction for a final judgment in accordance with the assessed penalty. To enforce the civil penalty hereunder, the city secretary shall file with the county clerk a certified copy of the order issued by the municipal court judge, stating the amount and duration of the penalty. Assessment of a civil penalty does not preclude the city from also pursuing criminal prosecution, if such prosecution is warranted by state or local law.
(Ordinance 613, sec. II, adopted 8/27/13; Ordinance 757 adopted 3/28/19)
(a) 
The municipal court judge may order a building secured that is determined to be in violation of the minimum standards of this article and is unoccupied or is occupied only by persons who do not have a right of possession to the building. The court may do this for the protection of the health, safety and welfare of the citizens of the city.
(b) 
Before the eleventh (11th) day after the building is secured, the city shall give notice to the owner by:
(1) 
Personally serving the owner written notice;
(2) 
Depositing a 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 fourteen (14) day period in one or more newspaper(s) of general circulation in the county if personal service cannot be obtained and 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 legal description, of the building and the property on which it is located;
(2) 
A description of the violation of municipal standards that is present at the building;
(3) 
A statement that the city will secure or has secured, as the case may be, the building; and
(4) 
An explanation of the owner’s entitlement to request a hearing about any matter relating to the city’s securing of the building.
(d) 
The municipal court judge shall conduct a hearing on the date noticed in which the owner may testify or present witnesses or written information about any matter relating to the city’s securing of the building if, within thirty (30) days after the date the city secures the building, the owner files with the city a written request for the hearing. The city shall conduct the hearing within twenty-one (21) days after the date the request is filed. The city has the same authority to assess expenses under this section in the same manner that a lien is created in previous sections of this article, and, such lien is subject to the same conditions as a lien created elsewhere herein.
(e) 
The procedures and enforcement powers set out hereunder are in addition to those set forth in prior sections of this article.
(Ordinance 613, sec. II, adopted 8/27/13; Ordinance 757 adopted 3/28/19)
(a) 
If the city assesses a civil penalty pursuant to section 8-66(c)(4)b.2, or if the city incurs expenses under section 8-66(c)(4)b.1 or (c)(4)c, or under section 8-67, the city may assess the expenses or penalty on and place a lien against the land on which the building was located.
(b) 
A lien imposed pursuant to this article is a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens.
(c) 
The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the official public records of real property in Burnet County, specifically in the office of the county clerk for Burnet County. The notice shall contain the name and address of the owner if that information can be determined; a legal description of the land on that the building was located; the amount of expenses incurred by the city or the civil penalty and the balance due.
(d) 
A lien is extinguished when the property owner or other person pays the city the balance due in full.
(Ordinance 613, sec. II, adopted 8/27/13)
(a) 
If the city incurs expenses under section 8-66(c)(4)b.1 or (c)(4)c, or under section 8-67, the code compliance officer shall cause a statement to be sent to the owner, setting forth the amount of the expenses and the interest accrued to date. The code compliance officer shall thereafter cause an annual statement to be sent to the owner until the expenses and interest are paid in full.
(b) 
If the city assesses a civil penalty pursuant to section 8-66(c)(4)(b)(2), the code compliance officer shall cause a notice to be sent to the owner that the city has begun assessing the penalty provided by the order. Thereafter, the code compliance officer shall cause a monthly statement to be sent to the owner, setting forth the amount of the accrued penalty and interest, until the penalty and interest is paid in full.
(c) 
A civil penalty or assessment for expenses shall accrue interest at the rate of ten percent per annum from the date of assessment until paid in full.
(d) 
The city shall be entitled to all remedies provided by law for the collection of debt in order to recover penalty, expenses and interest. However, the city shall not foreclose a lien for repair expenses if the property on which the repairs were made is occupied as a residential homestead by a person 65 years of age or older or a person who is under a disability for purposes of payment of disability insurance benefits under Federal Old-Age, Survivors, and Disability Insurance.
(Ordinance 613, sec. II, adopted 8/27/13)
(a) 
Every notice to vacate shall be posted at or upon each entrance and exit of the building and shall be in substantially the following form:
SUBSTANDARD BUILDING
DO NOT OCCUPY
It is a misdemeanor to occupy this building, or to remove or deface this notice.
Code Compliance Officer
City of Granite Shoals
The notice to vacate shall specify the conditions that necessitate the posting and recite the emergency or shall identify the order to vacate and state where a complete copy of the order may be obtained.
(b) 
Compliance; violations.
No person shall remain in or enter any building that has been posted, except that entry may be made to repair, remove, demolish or secure such building under permit. No person shall remove or deface any such notice after it is posted until the required work has been completed and a certificate of occupancy is issued pursuant to the provisions of the building code. Any person violating this subsection shall be guilty of a misdemeanor punishable by a fine not to exceed $2,000.00.
(Ordinance 613, sec. II, adopted 8/27/13)
(a) 
An owner who fails to comply with an order of the city council shall be guilty of a misdemeanor punishable by a fine not to exceed $2,000.00.
(b) 
Each day that a violation continues shall constitute a separate offense.
(c) 
A criminal prosecution shall be in addition to any civil remedies to which the city is entitled.
(d) 
No person shall obstruct, impede, or interfere with any officer, employee, contractor or authorized representative of the city whenever such officer, employee, contractor or authorized representative of the city, is engaged in the work as ordered or in performing any necessary act preliminary to or incidental to such work.
(e) 
No person shall obstruct, impede, or interfere with any person who owns or holds an estate or interest in any building or structure that has been ordered repaired, removed, secured, vacated or demolished under the provisions of this Code, whenever such person is engaged in the work as ordered or in performing any necessary act preliminary to or incidental to such work.
(f) 
No person shall obstruct, impede, or interfere with any person to whom a building or structure has been lawfully sold whenever such person is engaged in the work as ordered or in performing any necessary act preliminary to or incidental to such work.
(g) 
A person who obstructs, impedes, or interferes with an order of the city council shall be guilty of a misdemeanor punishable by a fine not to exceed $2,000.00.
(Ordinance 613, sec. II, adopted 8/27/13)
(a) 
General.
(1) 
Procedure.
When any work to repair, remove, secure, vacate, or demolish is to be done pursuant to this article, the code compliance officer shall cause the work to be accomplished by city personnel or by private contract under the direction of the code compliance officer, or he may employ such architectural and engineering assistance on a contract basis as he may deem reasonably necessary.
(2) 
Costs.
The cost of such work shall be paid from the general fund, and may be made a special assessment against the property involved.
(b) 
Vacant or dangerous building remediation funding.
(1) 
The city council may appropriate such sums as it may deem necessary in order to expedite the remediation. Payments shall be made out of said funding upon the order of the code compliance officer, with the concurrence of the city manager, to defray the costs and expenses incurred by the city in doing or causing to be done the necessary remediation of substandard buildings and structures. Any collection or special assessment shall be refunded to the general fund.
(2) 
The code compliance officer shall keep an itemized account of the expenses incurred by the city in the remediation of any building pursuant to the provisions hereof, and upon the completion of the work, the code compliance officer shall cause to be prepared and filed with the city secretary a report specifying the work done, the itemized and total cost thereof, a description of the real property upon that the building or structure is or was located and the names and addresses of the persons entitled to notice pursuant to section 8-69 hereof.
(3) 
The city council may thereupon order that said costs, including administrative costs, be made a personal obligation of the feeholder and/or assess said charge against the property involved under the applicable provisions of the Constitution and laws of the United States, the State of Texas, and the Charter of the City of Granite Shoals.
(4) 
If the city council orders that the charge shall be a personal obligation of the feeholder, it may request the city attorney to collect the same on behalf of the city by use of all appropriate legal remedies. If the city council orders that the charge shall be assessed against the property under the applicable provisions of the Constitution and laws of the United States, the State of Texas, and the Charter of the City of Granite Shoals, it shall confirm the assessment and cause the same to be recorded in the real property records of Burnet County, and thereafter said assessment shall constitute a special assessment against and a lien upon the property.
(Ordinance 613, sec. II, adopted 8/27/13)
After any premises have been ordered repaired or demolished under section 8-66(c) hereof, the code compliance officer shall regularly reinspect same. If at any time the building on such premises is no longer substandard to the extent that the life, land, health, property, safety, or welfare of the public or the occupants thereof is endangered, the code compliance officer shall immediately withdraw his prior order and issue a certificate reflecting such action to the feeholder of such property.
(Ordinance 613, sec. II, adopted 8/27/13)
(a) 
A change in feeholders of any property upon which proceedings are pending under the ordinance shall not affect the validity of such proceedings if either:
(1) 
The new feeholder has been a party served with notice at each stage of the proceedings; or
(2) 
The new feeholder has been given notice as required by section 8-66(b) hereof.
(b) 
It shall be presumed that the new feeholder has been given notice under section 8-66(b) hereof, as required by law. If, however, the new feeholder shows that he has not been so served, all pending proceedings under this article are invalid and must be recommenced. A change in feeholders made for the purpose of delaying or avoiding proceedings under this article shall not affect the validity of such proceedings.
(Ordinance 613, sec. II, adopted 8/27/13)
In accordance with section 214.0012 of the Texas Local Government Code, any owner, lienholder, or mortgagee of record of property jointly or severally aggrieved by an order of the municipal court judge issued pursuant to this article, as authorized by section 214.0012 of the Texas Local Government Code, may file in the district court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. Said procedures are subject to the conditions, rules and regulations found at section 214.0012 of the Texas Local Government Code. This action shall constitute the appeals process from the city’s findings and order. The verified petition shall be filed on or before thirty (30) days after the city’s final decision is personally delivered to the owner, lienholder or mortgagee of record by first class mail with certified, return receipt requested, or delivered by U.S. Postal Service using signature confirmation service; or such decision shall become final as to each of them upon expiration of each such thirty (30) calendar day period.
(Ordinance 757 adopted 3/28/19)
(a) 
Enforcement.
This article shall be enforced by the city building official appointed by the city council. No oversight or dereliction on the part of the city building official or on the part of any official or of employees of the city or county shall legalize, authorize, and/or excuse the violation of any of the provisions of this article.
(b) 
Permits and variances required and appeal procedures.
(1) 
An applicant for a building permit must submit an application on a form prescribed by the code compliance officer. An application for a building permit shall not be approved until all of the required submissions set out in a form acceptable to the city have been made or waived, in writing, by the city and all required fees have been paid. No required permit shall be issued until prescribed fees have been paid; nor shall any amendment to a permit be approved until the additional fees, if any, have been paid. Fees for building permits will be that amount listed in a separate fee schedule found in appendix B of this code, adopted by separate resolution and which may be amended from time to time by city council resolution or ordinance.
(2) 
Date of submission.
An application shall be considered submitted as of the time and date the application has met all application requirements as set out in this article.
(3) 
Issuance of permit.
Not later than the 15th business day after the date an application for a building permit is deemed administratively complete, the city building official shall, in compliance with section 214.904, Local Government Code, as it may be amended hereafter:
a. 
Grant or deny the permit;
b. 
Provide written notice to the applicant stating the reasons why the city has been unable to grant or deny the application; or
c. 
Reach a written agreement with the applicant providing for a deadline for granting or denying the permit.
(4) 
The construction, alteration or repair, removal or reconstruction of any structure or any part thereof as provided, or as restricted herein, shall not be commenced until after the issuance of a written permit for the same by the city building official, and full compliance with the provisions herein. This permit shall be valid for one year unless otherwise noted by the city building official. As used herein, the term construction includes but is not limited to site preparation (but not lot clearing where there is no immediate intention to erect additional improvements); building of new improvements; remodeling or making additions to existing structures; installation of pools or spas; erection of fences; erection of retaining walls, jet ski ramps or boat docks; and, the installation of driveways or parking areas. Initiating construction prior to the issuance of a building permit will subject the owner of the site and/or firm, corporation, contractor or subcontractor who initiates construction prior to the issuance of a building permit to a fine and other penalties in amounts to be established from time to time by the city council.
(5) 
Variance.
In order to be granted a variance for setbacks on all property lines, the petitioner will have acquired in writing a release of any relevant utility easements, and from the adjacent property line owners. The petitioner shall apply for a variance from the city board of adjustments.
(c) 
Building permit and certificate of occupancy.
It shall be unlawful for any person, firm, corporation, contractor, or subcontractor to commence the construction, enlargement or structural alteration of any building or structure in the city, without first applying for and securing a building permit. All new buildings or structures and all extensive (50 percent or more of area) remodeling of existing structures or buildings must secure a certificate of occupancy from the city building official. Application shall be made on forms furnished by the city building official. Every certificate of occupancy shall state that the occupancy complies with all provisions of this chapter and adopted construction codes.
(d) 
A certificate of occupancy is required prior to utilities being turned on and a new residential dwelling or commercial building being occupied. No city utilities will be turned on and the building or unit cannot be occupied until the certificate of occupancy is provided to utilities customer service.
(e) 
No person or business may occupy a commercial or residential building or unit until the certificate of occupancy/compliance inspection has been issued and utilities have been turned on. Any person or business occupying a building prior to the issuance of a certificate of occupancy/compliance inspection and utilities being turned on is subject to a fine of no less than five hundred dollars ($500.00) and no more than two thousand dollars ($2,000.00) for each violation plus all costs, fees, penalties, assessments, surcharges, and other charges. Each day a violation occurs or exists shall be considered a separate violation.
(f) 
All costs incurred by the city relating to enforcement or in making the determinations or inspections necessary hereunder shall be paid by the applicant/owner including, but not limited to, administrative costs, inspection costs, and attorneys’ fees.
(Ordinance 757 adopted 3/28/19)
(a) 
Any person found to be violating this article is guilty of a misdemeanor and, upon conviction, is subject to a fine as provided by section 8-64(b) of this code.
(b) 
Other remedies.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this article, the appropriate authorities of the city, in addition to other remedies, may institute appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, to correct or abate such violation, or to prevent the occupancy of such building, structure or land.
(c) 
Any person found to be violating this article is guilty of a misdemeanor and, upon conviction, is subject to a fine as provided by section 8-64(b) of this code.
(Ordinance 757 adopted 3/28/19)