(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)
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.
Sometimes referred to as “the board” is the city
council.
The building code, as adopted and amended by the city.
The person designated by the city manager to enforce this
article.
The electrical code, as adopted and amended by the city.
The fire code, as adopted and amended by the city.
The life safety code, as adopted and amended by the city.
The mechanical code, as adopted and amended by the city.
The plumbing code, as adopted and amended by the city.
The International Residential Code, as adopted by the city.
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.
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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.
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(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
(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:
(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:
(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:
(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:
(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:
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“SUBSTANDARD BUILDING
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DO NOT ENTER
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UNSAFE TO OCCUPY
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It is a misdemeanor to occupy this building or to remove or
deface this notice.
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___________________________________
Building Official
City of River Oaks”
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(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:
(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:
(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:
(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)
(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)
(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.)
(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).
d.
Maintain vacuum breaker on outside hose bibs.
e.
Disconnect nonvented gas fired heaters.
f.
Maintain washing machine drain to sanitary sewer system.
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).
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.
(B)
Commercial certificate of occupancy inspection checklist.
(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.)
(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.
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).
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)
(vii)
Commercial standards.
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).
h.
Meet handicap requirements (Texas Accessibility Standards) (American
Disabilities Act).
i.
Meet parking requirements including handicap parking (section
20 zoning ordinance).
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.
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. 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. 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 due to fire
life safety violations 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 billed 15-days
in advance of the month that the annual inspection is due. Failure
to pay the fee by the first day of the month that the inspection is
due shall result in a late fee of $15.00.
(Ordinance 748-07 adopted 3/13/07; Ordinance
1410-2024 adopted 2/6/2024)
