(a) 
There is hereby created the building and standards commission, composed of five (5) regular members and four (4) alternate members, which shall consist of the members of the zoning board of adjustment. Persons appointed to the zoning board of adjustment shall also automatically be appointed to the building and standards commission. The zoning board of adjustment shall not assume or perform any duties or responsibilities of the building and standards commission, nor shall the building and standards commission assume or perform any duties or responsibilities of the zoning board of adjustment, each such board being separate and distinct boards. Members and alternate members must be residents of the city and should be knowledgeable in building, plumbing, mechanical, electrical and fire codes.
(b) 
The chairperson and the vice chairperson of the commission shall be selected by the regular commission members.
(c) 
Meetings of the commission shall be held at the call of the chairperson and at other times as determined by the commission. All meetings of the commission shall be open to the public. The chairperson, or in the chairperson’s absence, the acting chairperson may administer oaths and compel attendance of witnesses.
(d) 
The commission shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. The commission shall keep records of its examinations and other official actions. Records and minutes shall be filed immediately in the office of the commission as public records.
(e) 
Any commission member having any personal or financial interest in a case or a hearing before the commission shall, upon filing a declaration of such fact with the secretary of the commission, be automatically excused from the meeting in which the interests are involved. It shall be considered misconduct and cause for removal from the commission for any member to participate in any case or hearing which he or she has personal or financial interest.
(Ordinance 2188-20 adopted 3/17/20)
(a) 
The commission has the following powers and duties:
(1) 
Perform the functions and powers specified in Subchapter (C) of Chapter 54 of the Local Government Code of Texas, as amended;
(2) 
Declare a building substandard in accordance with the powers granted by this code and Subchapter (C), Chapter 54 of the Local Government Code of the State of Texas, as amended;
(3) 
Determine the amount and duration of civil penalty the city may recover as provided by Section 54.017 of the Local Government Code of the State of Texas, as amended;
(4) 
Order, in an appropriate case, the immediate removal of property or persons found in or on private property, to secure the removal if it is determined that conditions exist on the property that constitute a violation of an ordinance and order action to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist:
(5) 
Issue orders or directives to any peace officer of the state, including a sheriff, constable or the chief of police of the city to enforce and carry out lawful orders or directives of the commission;
(6) 
Require the reduction of occupancy load, or the number of occupants, of an overcrowded structure or vacation of a structure that is reasonably dangerous to the health, safety, or welfare of the occupants;
(7) 
Require the demolition of a structure found to be a nuisance; require, as an alternative to demolition of a structure found to be a nuisance, the repair of the structure by the owner, lien holder, mortgagee or by the city; grant a reasonable period of time in which the owner, mortgagee or lien holder is to comply with the determination or order of the respective enforcement authority of the city;
(8) 
Require the removal of personal property from a structure ordered vacated or demolished. Removal may be accomplished by use of city forces or a private transfer company if the owner of the personal property is not known, or the whereabouts of the owner cannot be ascertained, or the owner fails to remove the personal property. The commission may cause any personal property removed to be stored in the care and custody of a bonded warehouse facility. The cost of removal and storage are the responsibility of the owner of the personal property;
(9) 
Require a vacant structure or vacant portion of a structure constituting a dangerous condition or nuisance be securely closed and made safe;
(10) 
Require or cause the correction of a dangerous condition on land. Correction of a dangerous condition may be accomplished by city forces or private contract. Costs of correction are the responsibility of the owner;
(11) 
Cause an action to be brought in District Court in accordance with Section 214 of the Local Government Code of Texas, as amended, for the appointment of a receiver for property found to be a nuisance;
(12) 
Require relocation of the occupants of a structure found to be a nuisance;
(13) 
Uphold the determination and order of the appropriate enforcement authority of the city;
(14) 
Find that a structure or building is not substandard and/or a nuisance and refer the matter to the appropriate enforcement authority of the city for further appropriate action;
(15) 
Authorize an equivalent method of compliance with the order of the enforcement authority if it can be demonstrated that such equivalent method substantially complies with this code or with the respective ordinance of the city;
(16) 
Find a building or structure is substandard and order: demolition; repair or correction of the structure within a specified period of time; repair or correction of the structure within a specified period of time and demolition of the structure if the repair or correction is not timely effected; repair or correction of the structure by the owner, mortgagee, or lien holder within a specified period of time and repair or correction by the city if not timely effected by the owner, mortgagee or lien holder; repair, correction or demolition of the structure within the specified period of time and the assessment of a civil penalty against the owner for each day or part of a day that the owner fails to repair, correct or demolish the structure; vacation of the structure as necessary; closure of an open and vacant structure.
(17) 
Adopt rules not inconsistent with the ordinances of the city adopted pursuant to Subchapter (C) of Chapter 54 of the Local Government Code of the State of Texas, as amended.
(18) 
Serve as the board of appeals to hear and decide appeals of orders, decisions and determinations made by the building official, the director of code services, the fire chief or fire marshal, as the case may be, relative to the application and interpretation of the building, plumbing, mechanical, electrical, housing, dangerous buildings, swimming pool and fire codes adopted by the city.
(19) 
Serve as an advisory board to the city council to review and recommend ordinances and associated amendments thereto regarding building, plumbing, mechanical, electrical, housing, dangerous building, swimming pool, life safety, health and fire codes.
(20) 
Serve as the city electrical board and as such set qualifications and requirements for electricians' licenses and electricians' licensing examinations, establish prerequisites for persons applying to take electricians' licensing examination, grade electricians' licensing examinations, have the authority to grant, suspend or revoke electricians' licenses and electrical contractors' registration.
(b) 
Notwithstanding the above, the commission shall have no authority to interpret the administrative organization and enforcement provisions to, nor shall it be empowered to waive any requirements of the building, plumbing, mechanical, electrical, housing, dangerous building, swimming pool, life safety, health, or fire codes, as adopted and/or amended by the city.
(1995 Code of Ordinances, Chapter 3, Article 3.800, Section 3.802)
(a) 
The building official, or his designated representative, and the director of code services, or his designated representative, shall act as secretary to the commission, but shall not be members. The secretary shall keep a record of the cases, activities, and actions of the commission and its determinations, give notice of the date and time of hearings, and perform such other duties as are consistent with or may be necessary for the enforcement of this code and the ordinances of the city adopted pursuant to Subchapter (C), Chapter 54 of the Local Government code of Texas, as amended.
(1) 
In cases involving building, plumbing, electrical, mechanical, housing, swimming pool, and building abatement codes, the building official shall act as secretary to the commission and shall present all said cases before the commission.
(2) 
In cases involving fire and life safety codes and public health and sanitation codes, the director of code services shall act as the secretary to the commission and shall present all said cases before the commission.
(b) 
All cases to be heard by the commission must be heard by at least four (4) members.
(c) 
Notice of all proceedings before the commission shall be given:
(1) 
By certified mail, return receipt requested, to the record owners of the affected property, sent to the last known address, and each mortgagee, lien holder, and each holder of a recorded lien against the affected property, as shown by the records of the County Clerk of the county in which the affected property is located, if the address of the lien holder can be ascertained from the Deed of Trust establishing lien or other applicable instrument on file in the office of the County Clerk, establishing the lien or other applicable instrument on file in the office of the County Clerk; and
(2) 
To all 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 as practicable.
(3) 
The notice shall be mailed and posted before the 10th day preceding the date of the hearing before the commission and must state the date, time, and place of the hearing. In addition, the notice must be published in a newspaper in general circulation in the city on one occasion before the 10th day preceding the date fixed for the hearing;
(4) 
The notice shall contain the following:
(A) 
Identification, which is not required to be a legal description, of the building and the property on which it is located;
(B) 
A description of the violation of the municipal standards or ordinance that is present at the building or location; and
(C) 
A statement that the city will vacate, secure, remove, repair or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time.
(5) 
If the notice sent to the last known address to the person being notified is returned undelivered, the building official or director of code services, as the case may be, may serve the notice personally if the person to be notified can be found in Dallas County, Texas. If the notice sent to an owner is returned undelivered, and after diligent search, the building official or director of code services, as the case may be, is unable to discover a correct address for the owner, or is unable to serve the owner personally, then the building official or the director of code services, as the case may be, shall give notice by publication in the official newspaper of the city at least five (5) days before the hearing.
(d) 
At each hearing of the commission, the owner, lessor, occupant, or lien holder, may present witnesses in his own behalf and is entitled to cross-examine any witnesses appearing.
(e) 
After a public hearing, the decision of the commission is final as to the administrative remedies.
(1995 Code of Ordinances, Chapter 3, Article 3.800, Section 3.803)
(a) 
Once the decision of the commission has become final under this code, the person affected by it may appeal the decision to the state District Court by filing a petition with the District Court, duly verified, setting forth the decision as illegal, in whole or in part, and specifying the grounds of the illegality, within thirty (30) calendar days after the date a copy of the final decision of the commission is mailed by certified mail, return receipt requested, to all persons who notice is required to be sent. The commission shall mail such copy promptly after the decision becomes final. In addition, a copy shall be published one (1) time in the official newspaper of the city within ten (10) calendar days after the date of the mailing of the copy, as provided herein, and a copy shall be filed in the office of the city secretary.
(b) 
On presentation of the Petition, the District Court may allow a writ of certiorari pursuant to Subchapter (C), Chapter 54 of the Local Government Code of the State of Texas, as amended. The court may allow a writ of certiorari directed to the commission to review the decision of the commission and shall prescribe in the writ that the time, which may not be less than ten (10) days, within which a return of the writ must be made and served on the relator or the relators' attorney. If no appeals are taken from the decision, the commission within the required period, the decision of the commission shall, in all things, be final and binding.
(c) 
The commission shall not be required to return the original papers acted on by it. It shall be sufficient for the commission to return certified or sworn copies of the papers or parts of the papers, as may be called for by the writ.
(d) 
The return on the writ must concisely set forth other facts as may be pertinent and material to show the grounds for the decision appealed from it shall be verified.
(e) 
The allowance of the writ does not stay proceedings on the decision appealed from, but the District Court, on application, on notice to the commission and for due cause shown, may grant a restraining order or injunction.
(f) 
The appeal in District Court shall be limited to a hearing under the substantial evidence rule. The court may reverse or affirm, in whole or in part, or may modify the decision brought up for review.
(g) 
Costs may not be allowed against the commission unless it appears to the District Court that the commission acted with gross negligence and bad faith, or with malice in making the decision appealed from.
(h) 
If the decision of the commission is affirmed or not substantially reversed, but only modified, the District Court shall allow to the city all attorneys' fees and other costs and expenses incurred by it and shall enter a judgment for those items, which may be entered against the property owners, as well as persons found to be in occupation of the property subject to the proceedings before the commission.
(i) 
Proceedings pending before the commission or on appeal to the District Court pursuant to this code do not effect the ability of the city to proceed under the jurisdiction of the Municipal Court.
(1995 Code of Ordinances, Chapter 3, Article 3.800, Section 3.804)
(a) 
The notice and judicial review provisions provided above shall only apply when the Building and Standards commission hears and determines cases concerning alleged violations of ordinances:
(1) 
for the preservation of public safety, relating to the materials or methods used to construct a building or improvements, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances or exits;
(2) 
relating to the fire safety of a building or improvements, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design or width of entrances or exits;
(3) 
relating to dangerous damaged or deteriorated buildings or improvements;
(4) 
relating to conditions caused by accumulations of refuse, vegetation, or other matter that created breeding and living places for insects and rodents.
(b) 
When the Building and Standards Commission acts as the board of appeals under the building, plumbing, mechanical, electrical, housing, dangerous building, and fire codes as adopted and/or amended by the city, it shall be in accordance with such code unless such appeal concerns an alleged violation as set forth above and when such provisions are contrary to Subchapter (C) Chapter 54 of the Local Government Code of Texas, as amended, in which event the procedures set forth herein under Chapter 54 of the Local Government Code of Texas shall control
(1995 Code of Ordinances, Chapter 3, Article 3.800, Section 3.805)