(a) 
Purpose.
It is the purpose of this article to provide a just, equitable and practical method, to be cumulative with and in addition to any other remedy provided by the building code, electrical code, fire code, mechanical code, plumbing code, International Property Maintenance Code, International Residential Code, chapter 214 of the Local Government Code, or otherwise available at law, whereby buildings, as defined herein, which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants and may be required to be repaired, vacated, demolished, removed or secured.
(b) 
Scope.
The provisions of this article shall apply to all buildings which are hereinafter defined as dangerous or substandard buildings whether now in existence or whether they may hereafter become dangerous or substandard.
(c) 
Title.
This article shall be known as the property maintenance article and may be cited and referred to as such.
(Ordinance 718-06 adopted 2/14/06)
Building.
Any building, fence, awning, canopy, sign, shed, garage, house, tent or other structure whatsoever and the enumeration of specific types of structures shall not be deemed to exclude other types of structures to which the sense and meaning of the provisions hereof in context reasonably have application. Building includes, but is not limited to, a mobile home, manufactured home or travel trailer.
Building board of appeals.
Sometimes referred to as “the board” is the city council.
Building code.
The building code, as adopted and amended by the city.
Building official.
The person designated by the city manager to enforce this article.
Electric code.
The electrical code, as adopted and amended by the city.
Fire code.
The fire code, as adopted and amended by the city.
Life safety code.
The life safety code, as adopted and amended by the city.
Mechanical code.
The mechanical code, as adopted and amended by the city.
Plumbing code.
The plumbing code, as adopted and amended by the city.
Residential code.
The International Residential Code, as adopted by the city.
Travel trailer.
A structure, having no foundation other than a permanent chassis with wheels, which is 12 body feet or less in width, and is less than 40 body feet in length, and is designed to be used as a dwelling with or without a permanent foundation. The term “travel trailer” includes folding, hardtop campers transported behind a motor vehicle, truck-mounted campers attached to and transported behind a motor vehicle or pickup, recreational vehicles, campers, converted buses, tent trailers, tents or similar devices used for temporary, portable housing, or similar types of temporary dwellings intended for short-term occupancy, travel, and/or recreation.
Additionally, the definitions contained in chapter 2, section 2.01 and 2.02 of the 2003 edition [of the] International Property Maintenance Code, promulgated by the International Code Council are hereby adopted for the implementation of this article.
(Ordinance 718-06 adopted 2/14/06)
(a) 
General.
(1) 
Administration.
The building official is hereby authorized to enforce the provisions of this article. The building official shall have the power to render interpretations of this article and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this article.
(2) 
Inspections.
The building official and the fire marshal or their designees are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this article.
(3) 
Right of entry.
When it is necessary to make an inspection to enforce the provisions of this article, or when the building official or his designee has a reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this article which makes the building or premises unsafe, dangerous, or hazardous, the building official or his designee may enter the building or premises at reasonable times to inspect or perform the duties imposed by this article, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official or his designee shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.
(b) 
Abatement of dangerous or substandard buildings.
All buildings or portions thereof which are determined after inspection by the building official to be dangerous or substandard as defined by this article are hereby declared to be public nuisances and shall be abated by repair, vacation, demolition, removal or securing in accordance with the procedures specified in this article.
(c) 
Unlawful to violate article.
It shall be unlawful for any person, firm or corporation to erect, construct, or use, occupy or maintain any building that is deemed herein to be a nuisance or cause or permit the same to be done in violation of this article.
(d) 
Inspection authorized.
All buildings within the scope of this article and all construction or work for which a permit is required shall be subject to inspection by the building official.
(Ordinance 718-06 adopted 2/14/06)
(a) 
For the purposes of this article, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building, and a nuisance:
(1) 
Whenever any building is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare in the opinion of the building official.
(2) 
Whenever any building, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children.
(3) 
Any building that is boarded up, fenced or otherwise secured in any manner if:
(A) 
The building constitutes a danger to the public even though secured from entry; or
(B) 
The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by subsection 3.07.004(a)(2) above.
(4) 
Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard.
(5) 
Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence.
(6) 
Whenever any portion of a building remains on a site after the demolition or destruction of the building.
(7) 
Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
(8) 
Any building constructed and still existing in violation of any provision of the building code, fire code, residential code, life safety code, plumbing code, mechanical code, electrical code, or International Property Maintenance Code of the city to the extent that the life, health or safety of the public or any occupant is endangered.
(b) 
For the purposes of this article, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building, and a nuisance:
(1) 
Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.
(2) 
Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
(3) 
Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location.
(4) 
Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location.
(5) 
Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
(6) 
Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings.
(7) 
Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.
(8) 
Whenever the building, or any portion thereof, 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, is likely to partially or completely collapse.
(9) 
Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
(10) 
Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumbline passing through the center of gravity does not fall inside the middle one third of the base.
(11) 
Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 or more percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.
(12) 
Whenever the building has been so damaged by fire, wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (A) an attractive nuisance to children; or (B) a harbor for vagrants, criminals or immoral persons.
(13) 
Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by the building regulations of this jurisdiction, as specified in the building code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.
(14) 
Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (A) strength, (B) fire-resisting qualities or characteristics, or (C) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.
(15) 
Whenever a building, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to, the following:
(A) 
Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house.
(B) 
Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel.
(C) 
Lack of, or improper kitchen sink in a dwelling unit.
(D) 
Lack of hot and cold running water to plumbing fixtures in a hotel.
(E) 
Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house.
(F) 
Lack of adequate heating facilities.
(G) 
Lack of, or improper operation of, required ventilating equipment.
(H) 
Lack of minimum amounts of natural light and ventilation required by this code.
(I) 
Room and space dimensions less than required by this code, the building code, the residential code, or other ordinances of the city.
(J) 
Lack of required electrical lighting.
(K) 
Dampness of habitable rooms.
(L) 
Infestation of insects, vermin or rodents.
(M) 
General dilapidation or improper maintenance.
(N) 
Lack of connection to required sewage disposal system.
(O) 
Lack of adequate garbage and rubbish storage and removal facilities.
(c) 
Chapters 3 through 7 of the 2018 edition of the International Property Maintenance Code as adopted by the city, published by the International Code Council, Inc., attached hereto and incorporated herein for all municipal purposes and as amended herein, are hereby adopted by the city council to the extent they do not conflict with other provisions of this article. For purposes of this article, any building, regardless of its date of construction, which exists in violation of chapters 3 through 7 of the 2018 International Property Maintenance Code to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building and a nuisance. The 2018 International Property Maintenance Code is amended pursuant to Ordinance 1405-2023 exhibit A.
(Ordinance 718-06 adopted 2/14/06; Ordinance 1267-2020, sec. 2, adopted 1/28/20; Ordinance 1405-2023 adopted 12/12/2023)
When the building official has inspected or caused to be inspected any building and has found and determined that the building is substandard, the building official may take any or all of the following actions, as he or she deems appropriate:
(1) 
Issue notice to the record owner that the building is substandard and must be repaired or demolished and attempt to obtain compliance;
(2) 
Issue citation(s) for violation(s) of this article;
(3) 
Secure the building if permitted by section 3.07.012(a) below; or
(4) 
Recommend to the board that abatement proceedings be commenced pursuant to section 3.07.006 below.
(Ordinance 718-06 adopted 2/14/06)
(a) 
Commencement of proceedings.
When the building official has found and determined that a building is a substandard building, the building official shall commence proceedings to cause the repair, vacation, relocation of occupants, removal, demolition or securing of the building.
(b) 
Public hearing to be held.
Except when the city council finds that a building is likely to immediately endanger persons or property, a public hearing before the board shall be held to determine whether a building complies with the standards set out in section 3.07.004 above. If the city council determines that the building constitutes an immediate danger, the procedures set forth in section 3.07.012(b) shall be followed.
(c) 
Notice.
Not less than ten (10) days prior to the date on which the hearing is set, the building official shall issue a notice of the public hearing directed to the record owner of the building and to all mortgagees and lienholders. The city shall use diligent efforts to determine the identity and address of any owner, lienholder or mortgagee of the building through search of the county real property records of the county in which the building is located; appraisal district records of the appraisal district in which the building is located, records of the secretary of state; assumed name records of the county in which the building is located; tax records of the city; and utility records of the city. The notice shall contain:
(1) 
The name and address of the record owner.
(2) 
The street address or legal description sufficient for identification of the premises upon which the building is located.
(3) 
A statement that the building official has found the building to be substandard or dangerous, with a brief and concise description of the conditions found to render the building dangerous or substandard under the provisions of section 3.07.004 above.
(4) 
A statement that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with this article, and the time it will take to reasonably perform the work.
(5) 
Notice of the time and place of the public hearing.
(6) 
A statement that if the building is found to be in violation of this article, the board may order that the building be vacated, secured, repaired, removed or demolished within a reasonable time.
(d) 
Additional notice of public hearing.
Prior to the public hearing, the city may file a copy of the notice mailed pursuant to subsection (c) above in the official public records of real property in the county in which the property is located. If such notice is not filed of record, each identified mortgagee and lienholder must be notified of any abatement order issued by the board at the public hearing, prior to any remedial action by the city.
(e) 
Burden of proof.
At the public hearing, 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.
(f) 
Conduct of public hearing.
At the public hearing, the owner of the building, and all other interested persons may make their appearance and be heard. Any evidence may be received and considered by the board. The chairman of the board, or in his absence, any officer designated by rules adopted by the board to preside at meetings, shall preside and shall determine all questions of order. The hearing may be adjourned from day to day or continued upon a majority vote of the board.
(Ordinance 718-06 adopted 2/14/06)
(a) 
Findings of the board.
If the board, by a majority vote, finds upon evidence presented at the public hearing that the building is in violation of standards set out in section 3.07.004, the board may order that the building be repaired, vacated, removed or demolished, secured, or the occupants relocated, by the owner, mortgagee or lienholder within a reasonable time as provided herein.
(b) 
Time allowed to complete work.
(1) 
The order must require the owner, lienholder or mortgagee of the building to within 30 days and the lienholder or mortgagee to within an additional 30 days if the owner does not comply:
(A) 
Secure the building from unauthorized entry; and/or
(B) 
Repair, remove or demolish the building unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days.
(2) 
If the board allows the owner, lienholder or mortgagee more than thirty (30) days to repair, remove or demolish the building, the board shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the board.
(3) 
The board may not allow the owner, lienholder or mortgagee more than ninety (90) days to repair, remove or demolish the building or fully perform all work required to comply with the order unless the owner lienholder or mortgagee:
(A) 
Submits a detailed plan and time schedule for the work at the hearing; and
(B) 
Establishes at the hearing that the work cannot be reasonably completed within ninety (90) days because of the scope and complexity of the work.
(4) 
If the board allows the owner, lienholder or mortgagee more than ninety (90) days to complete any part of the work required to repair, remove or demolish the building, the board shall require the owner, lienholder or mortgagee to regularly submit progress reports to the building official to demonstrate that the owner, lienholder or mortgagee has complied with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder or mortgagee appear before the board or the building official to:
(A) 
Demonstrate compliance with the time schedules; and
(B) 
If the owner, lienholder or mortgagee owns property, including structures and improvements on property within the city’s boundaries that exceeds $100,000.00, to post cash or surety bond or letter of credit or third party guaranty to cover the cost of the work ordered by the board.
(5) 
All orders of the board must allow a lienholder or mortgagee at least 30 additional days to complete the ordered work in the event the owner fails to comply with the order within the time provided for action by owner, prior to remedial action by the city.
(c) 
Contents of order.
The order of the board must contain at minimum:
(1) 
An identification which is not required to be a legal description of the building and the property on which it is located;
(2) 
A description of the violation of minimum standards present in the building;
(3) 
A description of the ordered actions, including a statement that the owner may repair, if determined feasible by the board, or demolish or remove at his option;
(4) 
A statement that the city will vacate, secure, remove or demolish the building or relocate the occupants of the building if the ordered action is not taken within the time allowed, and charge the cost to the property; and
(5) 
If the board has determined that the building will endanger persons or property and that the building is a dwelling with 10 or fewer dwelling units, a statement that the city may repair the building and charge the costs to the property if the ordered action is not taken within the time allowed.
(Ordinance 718-06 adopted 2/14/06)
(a) 
Order shall be mailed.
After the public hearing, the building official shall promptly mail, by certified mail, return receipt requested, a copy of the order to the record owner of the building, and each identified lienholder and mortgagee of the building.
(b) 
Order shall be filed with city secretary.
Within ten (10) days after the date that the order is issued by the board, the building official shall file a copy of the order in the office of the city secretary.
(c) 
Order shall be published.
Within ten (10) days after the date the order is issued by the board, the building official shall publish in a newspaper of general circulation within the city a notice containing:
(1) 
The street address or legal description of the property;
(2) 
The date the hearing was held;
(3) 
A brief statement indicating the results of the order; and
(4) 
Instructions stating where a complete copy of the order may be obtained.
(Ordinance 718-06 adopted 2/14/06)
(a) 
If order not complied with, city may take action.
If the building is not vacated, secured, repaired, removed or demolished within the time specified by the order, the city may vacate, secure, repair, remove or demolish the building or relocate the occupants at its own expense, provided however:
(1) 
The city may not act to remove or demolish a building until after the board has found:
(A) 
That such defects or conditions exist to the extent that the life, health, property or safety of the public or the occupants of the building are endangered; and
(B) 
The building is infeasible of repair; or
(C) 
There is no reasonable probability that the building will be repaired within a reasonable period of time if additional time is given.
(2) 
The city may only repair a building as provided herein to the extent necessary to correct the conditions which render the building dangerous, and may not act to repair a building unless:
(A) 
The board has made a determination that the building is likely to endanger person or property; and
(B) 
The building is a residential dwelling with ten (10) or fewer dwelling units.
(3) 
In the event there are mortgagors or lienholders, the city may only repair, remove or demolish the building after allowing the lienholder or mortgagee an additional 30 days after the time prescribed in the order has expired to complete the required work.
(4) 
Remedial action by the city does not limit the ability of a municipality to collect on a bond or other financial guarantee that may be required by subsection 3.07.007(b)(4) of this article.
(b) 
Posting of notice to vacate building.
If the order requires vacation or if compliance is not had with the order within the time specified therein, the building official is authorized to require that the building be vacated. Notice to vacate shall be mailed by certified mail, return receipt requested to the occupant of the building and it shall be posted at or upon each entrance to the building and shall be in substantially the following form:
“SUBSTANDARD BUILDING
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building or to remove or deface this notice.
___________________________________
Building Official
City of River Oaks”
(c) 
Remedial action by city.
Any repair or demolition work, or securing of the building shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided. Any surplus realized from the sale of such building, or from the demolition thereof, over and above the cost of demolition and cleaning of the lot, shall be paid over to the person or persons lawfully entitled thereto.
(d) 
Failure to obey order.
Any person to whom an order pursuant to section 3.07.007 is directed who fails, neglects or refuses to comply with such order shall be guilty of a misdemeanor and may be prosecuted in municipal court in addition to any other remedies available to the city provided herein.
(e) 
Interference prohibited.
No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city or with any person who owns or holds any estate or interest in the building which has been ordered repaired, vacated, demolished, removed or secured under the provisions of this article; or with any person to whom such building has been lawfully sold pursuant to the provisions of this article, whenever such officer, employee, contractor or authorized representative of the city, person having an interest or estate in such building, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing, removing or securing any such building pursuant to the provision of this article, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this article.
(f) 
Permit required.
Any work of closure, repair, removal or demolition by the property owner or any lienholder or mortgagee or their agents must be performed pursuant to valid unexpired permits issued by the city. All permits issued pursuant to an order of the board shall expire upon expiration of the time for compliance set forth in the order.
(Ordinance 718-06 adopted 2/14/06)
(a) 
Procedure.
When any work of repair, removal, demolition or securing is to be performed by the city pursuant to the provisions of any order of the city council or the board, the work may be accomplished by city personnel or by private contract as may be deemed necessary. Rubble and debris shall be removed from any premises and the lot cleaned if removal or demolition is ordered. The building or building materials may be sold if removal or demolition is ordered, and the proceeds shall be used to offset other costs of the work.
(b) 
Costs.
The cost of such work shall be paid from city funds and shall constitute a special assessment and a lien against such property to secure payment thereof, together with ten percent (10%) interest on such amount from the date on which the work is performed.
(c) 
Repair to minimum standards only.
In the event repair by the city is permitted by this article, the city may repair the building at its own expense and assess the expenses on the land on which the building stands or is attached to only to the extent necessary to bring the building into compliance with minimum standards.
(Ordinance 718-06 adopted 2/14/06)
(a) 
Itemized account and notice of lien.
The building official shall keep an itemized account of the expenses incurred by the city in the securing, repair, removal or demolition of any building pursuant to this article. Upon completion of the work, the building official shall prepare and file with the city secretary a sworn account and notice of lien containing the following information:
(1) 
The name and address of the owner if that information can be determined with a reasonable effort;
(2) 
A legal description of the real property on which the building is or was located;
(3) 
The type of work performed; and
(4) 
The amount of expenses incurred by the city in performing the work and the balance due.
(b) 
Notice filed in county records.
The city secretary shall file the notice of lien along with a copy of the order of abatement issued by the board in the deed records of the county in which the premises is located.
(c) 
Personal obligation of property owner.
The expenses incurred by the city as set forth in the sworn account of the building official shall be a personal obligation of the property owner in addition to a priority lien upon the property. The city attorney may bring an action in any court of proper jurisdiction against the owner or property to recover the costs incurred by the city.
(d) 
Lien shall be valid and privileged.
Upon filing of the notice of lien in the deed records of Tarrant or Denton County, Texas, the lien shall be valid against the property so assessed. The lien shall be privileged and subordinate only to tax liens and shall be paramount to all other liens. The lien shall continue until the assessment and all interest due and payable thereon has been paid.
(e) 
Assessment must be paid.
No utility service, building permit or certificate of occupancy shall be allowed on any such property until the assessment is paid and such lien is released by the city.
(f) 
Release of lien.
After the expenses incurred by the city, as set forth in the sworn account of the building official, have been fully paid with interest of ten percent (10%) per annum from the date the work was performed, the building official shall execute a release of lien which shall be filed in the deed records of Tarrant or Denton County, Texas.
(Ordinance 718-06 adopted 2/14/06)
(a) 
Securing of unoccupied, substandard building.
Notwithstanding any other provisions of this article the city may secure a building if the building official determines that:
(1) 
The building violates the minimum standards set forth in section 3.07.004 above; and
(2) 
The building is unoccupied or is occupied only by persons who do not have the right of possession to the building.
(b) 
If building creates immediate danger.
Notwithstanding any other provisions of this article, if the city council finds that a building is likely to immediately endanger persons or property the city council may:
(1) 
Order the owner of the building, the owner’s agent, or the owner or occupant of the property on which the structure is located to repair, remove, or demolish the structure, or the dangerous part of the structure, within a specified time; or
(2) 
Repair, remove, or demolish the structure, or the dangerous part of the structure, at the expense of the municipality, on behalf of the owner of the structure or the owner of the property on which the structure is located, and assess the repair, removal, or demolition expenses on the property on which the structure was located.
(c) 
Notice of action.
Before the eleventh (11th) day after the date the building is secured pursuant to section 3.07.012(a) above, or action is ordered pursuant to section 3.07.012(b)(1) above, or the building is repaired, removed or demolished pursuant to section 3.07.012(b)(2) above, the building official shall give notice to the owner by:
(1) 
Personally serving the owner with written notice; or
(2) 
Depositing the notice in the United States mail addressed to the owner at the owner’s post office address; or
(3) 
Publishing the notice at least twice within a ten-day period in a newspaper of general circulation in the county in which the building is located, if personal service cannot be obtained and the owner’s post office address is unknown; or
(4) 
Posting the notice on or near the front door of the building if personal service cannot be obtained and the owner’s post office address is unknown; and
(5) 
In addition to the above, depositing notice in the United States mail to all lienholders and mortgagees who can be determined from a reasonable search of instruments on file in the office of the county clerk.
(d) 
Notice.
The notice must contain:
(1) 
An identification, which is not required to be a legal description, of the building and the property on which it is located;
(2) 
A description of the violation of the minimum standards present in the building;
(3) 
A statement that the city will secure or has secured, as the case may be, the building, or that the city has taken or will take the action ordered pursuant to section 3.07.012(b) above;
(4) 
An explanation of the owner’s entitlement to request a hearing about any matter relating to the city’s securing, removing, demolishing or repairing of the building.
(e) 
Hearing.
The board or the city council shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the city’s securing, repairing, removing or demolishing of the building, if, within thirty (30) days after the date the city has taken action pursuant to sections 3.07.012(a) or (b) above, the owner files with the city a written request for the hearing. The hearing shall be conducted within twenty (20) days after the date the request is filed.
(f) 
Lien.
If the city incurs expenses under this subsection, such expenses incurred shall be a personal obligation of the property owner in addition to a priority lien upon the property, and costs shall be recovered as provided by section 3.07.010 of this section [article].
(g) 
Violation.
It shall be unlawful to fail to comply with an order issued pursuant to this section.
(Ordinance 718-06 adopted 2/14/06)
(a) 
Civil penalty authorized.
In addition to any other enforcement authority provided for by law, the board may, by order, at an administrative hearing assess a civil penalty against a property owner as provided for herein for failure to comply with an order issued by the board pursuant to section 3.07.007 of this article.
(b) 
Showing required.
The civil penalty may be assessed if it shown at the administrative hearing that:
(1) 
The property owner was notified of the contents of the order issued pursuant to section 3.07.007 of this article; and
(2) 
The property owner committed an act in violation of the order or failed to take an action necessary for compliance with the order.
(c) 
Amount of penalty.
The civil penalty may be assessed in an amount not to exceed $1,000.00 a day for each violation or, if the owner shows that the property is the owner’s lawful homestead, in an amount not to exceed $10.00 a day for each violation.
(d) 
Notice of administrative hearing.
Not less than ten (10) days prior to the date on which the administrative hearing is set, the property owner shall be sent a notice of the hearing by certified mail/return receipt requested. The notice shall contain:
(1) 
A copy of the order issued by the board [pursuant] to section 3.07.007 of this article;
(2) 
A statement that the building official has determined that the property owner committed an act in violation of that order, or failed to take an action necessary for compliance with that order;
(3) 
A statement that at the administrative hearing the board may assess a civil penalty not to exceed $1,000.00 a day for each violation or, if the owner shows that the property is the owners’ lawful homestead, in an amount not to exceed $10.00 a day for each violation; and
(4) 
Notice of the time and place of the hearing.
(e) 
Copy of order filed with district clerk.
After the civil penalty is assessed, the city secretary shall file with the district clerk of the county in which the property is located, a certified copy of the order assessing the civil penalty stating the amount and duration of the penalty.
(f) 
Enforcement.
The civil penalty may be enforced by the city in a suit brought by the city in a court of competent jurisdiction for a final judgment in accordance with the assessed penalty. A civil penalty under this subsection is final and binding and constitutes prima facie evidence of the penalty in any suit.
(Ordinance 718-06 adopted 2/14/06)
Notwithstanding all other provisions of this article, nothing herein shall be deemed a limitation on the duty of the city to summarily order the demolition of any building or structure where it is apparent that the immediate demolition of such building or structure is necessary to the protection of life, property or general welfare of the people in the city.
(Ordinance 718-06 adopted 2/14/06)
(a) 
Certificate of occupancy required.
Whether the building is owner-occupied or rented, the owner of an existing building must obtain a certificate of occupancy:
(1) 
Before the building may again be occupied after the building has become vacant; and
(2) 
When ownership of the building changes.
(b) 
Requirements for a certificate of occupancy.
Before the city will issue a certificate of occupancy to an existing building which becomes vacant or a building that has changed ownership, the building must:
(1) 
Be inspected by the city official; and
(2) 
Be found in compliance with the minimum standards as follows:
(A) 
Residential certificate of occupancy inspection checklist.
(i) 
Property standards.
a. 
No holes or protrusions on property (article 6.02).
b. 
Secure wells or septic tanks (article 6.02).
c. 
Display address number on face of building (article 3.10).
d. 
Secure fencing (pursuant to section 21 zoning ordinance).
e. 
Collection of water conducive to mosquito breeding (article 6.02).
f. 
Public health nuisance: __________
(ii) 
Structural standards.
(Standards pursuant to International Building Code, International Property Maintenance Code, and International Energy Design Code as adopted and as amended.)
a. 
Mold, maintain building in watertight condition.
b. 
Repair holes and rotten wood in outside walls and eaves.
c. 
Replace deteriorated sheetrock and/or wall coverings.
d. 
Maintain structural members/wall framing, flooring and ceiling.
e. 
Repair sagging/damaged roof/roof rafters.
f. 
Maintain doors (double lock assembly front and rear doors), (only required on substandard housing or new construction).
g. 
Maintain openable windows.
h. 
Repair or replace broken windows.
i. 
Repair/remove dilapidated accessory buildings.
j. 
Need working smoke detectors (pursuant to International Fire Code). (Hardwire installation requirements enforced only on substandard and new construction.)
k. 
Foundation vents (if applicable).
l. 
Maintain driveways, driveway approaches, concrete flatwork (pursuant to most recently adopted zoning ordinance).
m. 
Building permit required (only if applicable).
(iii) 
Utility standards.
(Standards pursuant to International Mechanical Code as adopted and as amended unless otherwise noted.)
a. 
Improper dryer vent.
b. 
Maintain A/C ducts and registers.
c. 
No improper condensate drain (primary and/or secondary drains).
d. 
Inadequate heating facilities (chapter 6 International Property Maintenance Code as adopted and as amended).
(iv) 
Electrical standards.
(Standards pursuant to National Electrical Code and International Property Maintenance Code as adopted and as amended.)
a. 
Needs minimum 100 amp main.
b. 
Needs grounded or bonded electrical system.
c. 
Need GFI plugs in kitchen, bathroom and outside within 6 feet of water source.
d. 
Eliminate exposed wire/electric conduit (if applicable).
e. 
Hazardous electrical wiring.
f. 
Need covers on plugs, receptacles, switches and fixtures.
g. 
Improper wire drop to service.
h. 
Improper riser/weather head.
i. 
Secure main panel box (label each individual breaker in panel box).
j. 
Electrical permit required (if applicable).
(v) 
Plumbing standards.
(Standards pursuant to International Plumbing Code and International Fuel Gas Code as adopted and as amended unless otherwise noted.)
a. 
Maintain proper sewage flow from structure(s) (double sewer cleanouts required to be installed on the building sewer line within 36 inches of the house on substandard and new construction only).
b. 
Maintain existing toilet facilities (1.6 gallon flush type required on substandard and new construction only).
c. 
Maintain plumbing fixture/repair leaks.
1. 
Hot and cold running water to house plumbing required for human occupancy.
2. 
Main customer service line shut-off required to be installed in box and located at entrance to house on substandard and new construction only.
d. 
Maintain vacuum breaker on outside hose bibs.
e. 
Disconnect nonvented gas fired heaters.
f. 
Maintain washing machine drain to sanitary sewer system.
g. 
Backflow prevention assembly (if required) (section 3.05.371 et seq.).
h. 
Backflow assembly must be tested by a certified TCEQ backflow assembly tester (when applicable).
i. 
Maintain hot water heater (section 624, International Fuel Gas Code and chapter 5 “water heaters” International Plumbing Code as adopted and as amended) and as follows:
1. 
3" combustion tube 6 inches into attic space and to within 12 inches of floor secured in hot water heater closet where access to such closet is through a solid sealed door (section 304 International Fuel Gas Code (IFGC) as amended).
A. 
Two permanent openings method (vent through ducts or attic space to outside): one commencing within 12 inches of the top of the enclosure and one commencing within 12 inches of the bottom of the enclosure. (Section 304.6.1 IFGC as amended.) Minimum dimension of air openings shall be not less than 3 inches (304.7.3 IFGC).
B. 
One permanent opening method: (vent to outside) one permanent opening commencing within 12 inches of the top of the enclosure directly venting to outside. (Section 304.6.2 International Fuel Gas Code as amended.) Minimum dimension of air openings shall be not less than 3 inches (304.7.3 IFGC).
2. 
T.P. valve required (section 504 International Plumbing Code).
3. 
T.P. line required (minimum 3/4") from hot water heater to outside of house and elbow down (PVC not allowed) (CPVC is allowed) (section 504 International Plumbing Code).
4. 
Improper hot water heater vent (pursuant to chapter 3 International Fuel Gas Code).
5. 
Stop required on cold water side of water heater (section 503 International Plumbing Code).
j. 
Gas pressure test required (section 406 International Fuel Gas Code).
k. 
Rigid metal pipe is required to extend through the wall openings on fuel gas fired furnaces, vented or nonvented heaters from the appliance housing to its connection with the piping system (section 411 IFGC).
l. 
Gas shut-off valves shall be of an approved type (ANSI Z21.15) (red or yellow handle) (section 409 IFGC).
m. 
Plumbing permit required (if applicable).
(vi) 
Code/health standards.
a. 
Eliminate insects, vermin or rodents (chapter 6 of this code).
b. 
Maintain free of rubbish, garbage and/or debris (chapter 6 of this code).
c. 
High grass, brush and dead tree removal (chapter 6 of this code).
d. 
Junk vehicle (article 8.04).
e. 
Other nuisance violation: __________
(B) 
Commercial certificate of occupancy inspection checklist.
(i) 
Property standards.
a. 
No holes or protrusions on property (article 6.02).
b. 
Secure wells or septic tanks (article 6.02).
c. 
Display address number on front/rear of building (article 3.10).
d. 
Secure fencing/screening fence required (section 21, zoning ordinance).
e. 
Property drainage altered or improper (chapter 13 of this code).
f. 
Sign ordinance violation (article 3.12).
(ii) 
Structural standards.
(Standards pursuant to International Building Code, International Property Maintenance Code, and International Energy Design Code as adopted and as amended.)
a. 
Repair sagging/damaged roof/roof rafters.
b. 
Mold, maintain building in watertight condition.
c. 
Maintain outside walls and eaves.
d. 
Replace deteriorated sheetrock and/or wall coverings.
e. 
Maintain structural members/wall framing, flooring and ceiling.
f. 
Maintain doors (ingress and egress requirements not met).
g. 
Insulation required in accordance with energy design code.
h. 
Maintain openable windows in accordance to energy design code.
i. 
Fire blocking and fire stops required.
j. 
Repair broken windows.
k. 
Repair/remove dilapidated accessory buildings.
l. 
Alarm system with smoke detectors (if applicable).
m. 
Fire extinguishers required (ABC approved).
n. 
Foundation not up to code, foundation vents (if applicable).
o. 
Building permit required.
(iii) 
Utility standards.
(Standards pursuant to International Mechanical Code as adopted and as amended unless otherwise noted.)
a. 
A/C and heating required.
b. 
Maintain A/C ducts and registers, certified duct inspection (if required).
c. 
Improper condensate drain (primary and/or secondary drains).
d. 
HVAC permit required.
e. 
Heating facilities (chapter 6 International Fuel Gas Code).
(iv) 
Electrical standards.
(Standards pursuant to National Electrical Code and International Property Maintenance Code as adopted and as amended.)
a. 
Needs minimum 100 amp main.
b. 
Needs grounded or bonded electrical system.
c. 
Mark main panel.
d. 
Need disconnect between A/C compressor and main panel.
e. 
Need GFI plugs within 6 feet of water source.
f. 
Eliminate exposed wires.
g. 
Conduit required in commercial buildings.
h. 
Need covers on plugs, receptacles, switches and fixtures.
i. 
Improper riser/weather head.
j. 
Improper wire drop to service.
k. 
Eliminate plug in light.
l. 
Hazardous electrical wiring.
m. 
Electrical permit required.
(v) 
Plumbing standards.
(Standards pursuant to International Plumbing Code and International Fuel Gas Code as adopted and as amended unless otherwise noted.)
a. 
Maintain toilet facilities, 1.6-gallon flush required in commercial buildings.
b. 
Maintain plumbing fixtures/repair leaks.
c. 
Maintain/install water main line cut off to commercial building.
d. 
Maintain/install sewer cleanout.
e. 
Maintain vacuum breaker on outside hose bibs.
f. 
Eliminate nonvented gas-fired heaters.
g. 
Maintain floor drains.
h. 
Maintain grease and sand trap interceptors.
i. 
Backflow prevention assembly (if required) (section 3.05.371 et seq.).
j. 
Backflow assembly must be tested by a certified TCEQ backflow assembly tester.
k. 
Maintain hot water heater (section 624, International Fuel Gas Code and chapter 5 “water heaters” International Plumbing Code as adopted and as amended) and as follows:
1. 
3" combustion tube 6 inches into attic space and to within 12 inches of floor secured in hot water heater closet where access to such closet is through a solid sealed door (section 304 International Fuel Gas Code (IFGC) as amended).
A. 
Two permanent openings method (vent through ducts or attic space to outside): one commencing within 12 inches of the top of the enclosure and one commencing within 12 inches of the bottom of the enclosure. (Section 304.6.1 IFGC as amended.) Minimum dimension of air openings shall be not less than 3 inches (304.7.3 IFGC).
B. 
One permanent opening method: (vent to outside) one permanent opening commencing within 12 inches of the top of the enclosure directly venting to outside. (Section 304.6.2 International Fuel Gas Code as amended.) Minimum dimension of air openings shall be not less than 3 inches (304.7.3 IFGC).
2. 
T.P. valve required (section 504 International Plumbing Code).
3. 
T.P. line required (minimum 3/4") from hot water heater to outside of house and elbow down (PVC not allowed) (CPVC is allowed) (section 504 International Plumbing Code).
4. 
Improper hot water heater vent (pursuant to chapter 3 International Fuel Gas Code).
5. 
Stop required on cold water side of water heater (section 503 International Plumbing Code).
l. 
Gas pressure test required (section 406 International Fuel Gas Code).
m. 
Rigid metal pipe is required to extend through the wall openings on fuel gas fired furnaces, boilers, vented or nonvented heaters from the appliance housing to its connection with the piping system (section 411 IFGC).
n. 
Gas shut-off valves shall be of an approved type (ANSI Z21.15) (red or yellow handle) (section 409 IFGC).
o. 
Plumbing permit required.
(vi) 
Code/health standards.
a. 
Eliminate insects, vermin or rodents (chapter 6 of this code).
b. 
Maintain free of rubbish, garbage and/or debris (article 6.02).
c. 
High grass, brush and tree removal (section 6.03.031 et seq.).
d. 
Junk vehicle (article 8.04).
e. 
Paint booth (if applicable) including proper venting (International Fire Code, International Mechanical Code).
f. 
Other nuisance violation: __________
(vii) 
Commercial standards.
a. 
Exits unobstructed (chapter 10 International Building Code).
b. 
Lighted exits signs with battery backup (chapter 10 International Building Code).
c. 
Knox box required (this would be any occupancy with an alarm system, elevator, sprinkler or standpipe system) (International Fire Code).
d. 
Access gates in order to provide access to the fire department via Knox box or padlock (International Fire Code).
e. 
Display city sales tax permit (state comptroller).
f. 
Health inspection and certificate required (article 6.05).
g. 
Provide waste containers outside (article 13.08).
h. 
Meet handicap requirements (Texas Accessibility Standards) (American Disabilities Act).
i. 
Meet parking requirements including handicap parking (section 20 zoning ordinance).
j. 
Occupancy load requirements met and posted (chapter 10 International Building Code).
k. 
Zoning ordinance violation/other code violations.
(c) 
Enforcement and inspection.
(1) 
If the initial inspection by the city official reveals the building or dwelling unit is substandard under section 3.07.004, the owner shall bring the building into compliance within thirty (30) days from the date of the inspection.
(2) 
The owner must obtain all permits required for the work needed to eradicate the conditions causing the building to be declared substandard under section 3.07.004.
(3) 
Multiple-family buildings:
(A) 
Any dwelling unit in multiple-family (multifamily) occupancy, which includes individual apartment units that are supplied with individual electric service meters and/or other individual utility meters, shall obtain an approved certificate of occupancy inspection when the dwelling unit becomes vacant or when a building has changed ownership.
(B) 
Any dwelling unit in multiple-family (multifamily) occupancy, which includes individual apartment units not supplied with individual utility meters or connections, are not exempt from a certificate of occupancy inspection. Apartment complexes that do not supply individual utility connections must have a certificate of occupancy inspection on each individual unit performed at least once annually as specified in this section.
(C) 
All mobile home units and/or manufactured housing units that exist as nonconforming occupancy are not exempt from certificate of occupancy inspections regardless of the present zoning district that they are currently located in. All mobile home units and/or manufactured housing units that do not have individual utility meters or connections shall meet the provisions established in this section.
(d) 
Presence of owner for inspection of vacant buildings.
Whether the building is occupied or unoccupied, the occupant, the owner, or the owner’s representative must be present during the inspection.
(e) 
Search warrant where necessary.
The city is authorized to obtain a warrant to conduct an inspection permitted by this section when consent to enter the property has been refused or otherwise cannot be obtained.
(f) 
Enforcement.
(1) 
If the initial inspection by the city official reveals the building is substandard under section 3.07.004 the owner shall:
(A) 
Bring the building into compliance within 30 days of the date of the inspection, if in the judgment of the city official repairs are capable of being made within 30 days; or
(B) 
Apply for a building permit and complete the repairs before the building permit expires, if in the judgment of the city official repairs are not capable of being made within 30 days of the date of the inspection.
(2) 
If repairs are not made within the 30 days or before the building permit expires, as applicable, the city official shall pursue enforcement as permitted by law.
(3) 
The owner must obtain all permits required for the work needed to eradicate the conditions causing the building to be declared substandard under section 3.07.004.
(4) 
A building that is under a substandard building order by the city council shall be repaired or demolished pursuant to that order rather than under this section.
(5) 
If the owner of a building fails to bring the building into compliance, the city official may pursue enforcement by issuance of municipal court citations until compliance is obtained.
(g) 
Duplicative inspections.
If, within a calendar year, the city official has inspected a single-family building pursuant to this section and the building was not found to be substandard as described in section 3.07.004, no additional inspection under this section is required in that calendar year.
(h) 
Fees.
(1) 
When a building is inspected under the provisions of this section, the owner of the property shall pay an inspection fee to the city. The owner must pay an additional inspection fee for each time the city official is not met by the owner or the owner’s representative at the building at the agreed appointed time or is prevented from inspecting the building through no fault of the city official.
(2) 
The fees will be charged in accordance with the fee schedule adopted by the city council.
(Ordinance 803-08 adopted 11/25/08; Ordinance 810-09 adopted 1/13/09; Ordinance 841-2010 adopted 5/11/10; Ordinance 998-2013 adopted 9/24/13; Ordinance 1008-2013 adopted 10/22/13)
(a) 
Required.
An annual fire inspection (AFI) is required in all commercial buildings in order to protect the health, safety and general welfare of the public and of the inhabitants therein, to ensure the occupancy is in compliance with the most recently adopted fire code as follows:
(1) 
Vacant building.
In addition to the inspections required before a building that has been vacant may again be occupied, the city official shall conduct an annual fire inspection in accordance to the city's most recently adopted fire code on each commercial building conducted by the authority having jurisdiction.
(2) 
Occupied buildings.
Occupied buildings are required to have an annual fire inspection in accordance to the city's most recently adopted fire code on each commercial building conducted by the authority having jurisdiction. If the initial annual inspection by the city official reveals the building is not in compliance with the most recently adopted fire code, the owner shall bring the building into compliance within 30 days of the date of the inspection. Due to fire life safety violations if the owner does not make the required corrections within the 30 days, the city official may pursue enforcement action up to and including revoking the certificate of occupancy or through the issuance of citations until the building is brought into full compliance.
(b) 
Search warrant where necessary.
The city is authorized to obtain a warrant to conduct an inspection permitted by this section when consent to enter the property has been refused or otherwise cannot be obtained.
(c) 
Utilities.
If the annual inspection of a building reveals that there exist fire, life and safety violations then the city official shall notify the owner to discontinue all utility service to the building.
(d) 
Duplicative inspections.
If, within a calendar year, the city official has inspected a building pursuant to section 3.07.015 that would otherwise be subject to inspection under this section, and the building was not found to be substandard as described in section 3.07.004, no additional inspection under this section is required in that calendar year.
(e) 
Billing.
Annual fire inspections are invoiced by the 15th day of the month prior to the month the inspection is due. The invoice is due within 10 business days. If the invoice has not been paid by the due date, a second and final notice will be sent on the 11th business day. Failure to pay the fee by the first day of the month that the inspection is due shall result in late fee of $15.00.
(1) 
Delinquent accounts.
Delinquent accounts that have not been resolved by the 15th business after the late fee has been assessed: The business is at risk of having the water services disconnected and the commercial certificate of occupancy revoked.
(2) 
Reinstate use.
Once the certificate of occupancy permit is revoked, before the commercial occupancy use can be reinstated and the water service restored, the owner/occupant for the business shall pay in full all past-due balances and be current, the building must pass the annual fire inspection and the building owner/occupant must have a valid certificate of occupancy permit after making a new application and pay the appropriate fee.
(f) 
Fees.
All other fees applicable to this section are provided for in article A.02 "schedule of fees and charges" of the city's Code of Ordinances (2020) as amended.
(Ordinance 748-07 adopted 3/13/07; Ordinance 1410-2024 adopted 2/6/2024; Ordinance 1416-2024 adopted 3/5/2024)