As used in this article, the following terms shall have the
meaning indicated below:
Any building, fence, awning, canopy, 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, however this definition shall
not include signs.
The five-member commission appointed by the city council
pursuant to this article and constituting the building and standards
commission as defined by section 54.033 of the Texas Local Government
Code, as amended.
The City of Hutchins, Texas, including all land and/or buildings
within the city limits and the city’s extraterritorial jurisdiction.
The city building inspector or a person employed, appointed,
or designated by the city council for purposes of making inspections,
sending notices, and otherwise enforcing the provisions of this article.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of such person if ordered to take possession
of real property by a court.
Any building, building structure, or portion thereof, located
within the territorial limits of the city, including any dwelling
unit, guestroom, suite of rooms, lodging house, commercial unit, or
the premises in which the same is located, on which one or more of
the following conditions exists, such as to be unfit for human habitation
and/or hazardous to the health, safety and welfare of the public:
Inadequate sanitation.
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(I)
(J)
(K)
(L)
(M)
(N)
(O)
(P)
Inadequate sanitation including, but not limited to, the
following:
Lack of, or improper water closet, lavatory, bathtub or shower
in a dwelling unit or lodging house;
Lack of, or improper water closets, lavatories and bathtubs
or showers per number of guests in a hotel;
Lack of, or improper kitchen sink in a dwelling unit;
Lack of hot and cold running water to plumbing fixtures in a
hotel or motel;
Lack of hot or cold running water to plumbing fixtures in a
dwelling unit, or as required by city codes;
Lack of adequate heating facilities;
Lack of or improper operation of required ventilating equipment;
Lack of minimum amounts of natural light and ventilation required
by city codes;
Room and space dimensions less than required by city codes;
Lack of required electrical lighting;
Dampness of habitable rooms;
Infestation by insects, vermin or rodents;
General dilapidation or improper maintenance;
Lack of connection to required sewage disposal system;
Lack of adequate garbage and rubbish storage and removal facilities;
or
Complete or partial destruction or damage by natural disaster
or fire left unrepaired for more than ninety (90) days.
Structural hazards.
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(I)
(J)
Structural hazards including, but not limited to, the following:
Deteriorated or inadequate foundation;
Defective or deteriorated flooring or floor supports;
Flooring or floor supports of insufficient size to carry imposed
load with safety;
Members of walls, partitions or other vertical supports that
split, lean, list or buckle due to defective material or deterioration;
Members of walls, partitions or other vertical supports that
are of insufficient size to carry imposed loads with safety;
Members of ceilings, roofs, ceiling and roof supports or other
horizontal members which sag, split or buckle due to defective material
or deterioration;
Members of ceilings, roofs, ceiling and roof supports, or other
horizontal members that are of insufficient size to carry imposed
loads with safety;
Fireplaces or chimneys which list, bulge or settle due to defective
material or deterioration;
Fireplaces or chimneys which are of insufficient size or strength
to carry imposed loads with safety; or
Heating flues and exhausts which list, bulge or settle due to
defective material or deterioration.
Nuisance.
Any nuisance as defined by the Code of Ordinances.
Hazardous electrical wiring.
Electrical wiring which was installed in violation of code
requirements in effect at the time of installation or electrical wiring
not installed in accordance with generally accepted construction practices
in areas where no codes were in effect or which has not been maintained
in good condition or which is not being used in a safe manner.
Hazardous plumbing.
Plumbing which was installed in violation of code requirements
in effect at the time of installation or plumbing not installed in
accordance with generally accepted construction practices in areas
where no codes were in effect or which has not been maintained in
good condition or which is not free of cross connections or siphonage
between fixtures.
Hazardous mechanical equipment.
Mechanical equipment which was installed in violation of
code requirements in effect at the time of installation or mechanical
equipment not installed in accordance with generally accepted construction
practices in areas where no codes were in effect or which has not
been maintained in good and safe condition shall be considered substandard.
Faulty weather protection.
(A)
(B)
(C)
(D)
Buildings or portions thereof shall be considered substandard
when they have faulty weather protection including, but not limited
to, the following:
Deteriorated, crumbling or loose plaster;
Deteriorated or ineffective waterproofing of exterior walls,
roof, foundations or floors, including broken windows or doors;
Defective or lack of weather protection for exterior wall coverings,
including lack of paint, or weathering due to lack of paint or other
approved protective covering;
Broken, rotted, missing, split or buckled exterior walls or
wall coverings or roof coverings.
Fire hazard.
Any device, apparatus, equipment, combustible waste or vegetation
which, in the opinion of the chief of the fire department or the fire
marshal, is in such a condition as to cause a fire or explosion or
provide a ready fuel to augment the spread and intensity of fire or
explosion arising from any cause.
Faulty materials of construction.
The use of any materials of construction that are not specifically
allowed or approved by the code and which have not been adequately
maintained in a good and safe condition.
Hazardous or unsanitary premises.
The accumulation of weeds, vegetation, junk, dead organic
matter, debris, garbage, offal, rat harborages, stagnant water, combustible
materials and similar materials or conditions on a premises.
Inadequate exits.
Except for those buildings or portions thereof which have
been provided with adequate exit facilities conforming to the provisions
of this code, buildings or portions thereof the exit facilities of
which were installed in violation of code requirements in effect at
the time of their construction or the exit facilities of which have
not been increased in number or width in relation to any increase
in occupant load due to alterations, additions or change in use or
occupancy subsequent to the time of construction. Notwithstanding
compliance with code requirements in effect at the time of their construction,
buildings or portions thereof shall be considered substandard when
the building official finds that an unsafe condition exists through
an improper location of exits, a lack of an adequate number or width
of exit, or when other conditions exist which are dangerous to human
life.
Inadequate fire protection or firefighting equipment.
Buildings or portions thereof shall be considered substandard
when they are not provided with the fire-resistive construction or
fire-extinguishing systems or equipment required by the codes of the
city, except those buildings or portions thereof which conformed with
all applicable laws at the time of their construction and whose fire-resistive
integrity and fire-extinguishing systems or equipment have been adequately
maintained and improved in relation to any increase in occupant load,
alteration or addition, or any change in occupancy.
Improper occupancy.
All buildings or portions thereof occupied for living, sleeping,
cooking or dining purposes which were not designed or intended to
be used for such occupancies.
(Ordinance 2012-0944 adopted 12/17/12)
All buildings or portions thereof which are determined after
inspection by the building official to be a substandard building 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 provisions of this article.
(Ordinance 2012-0944 adopted 12/17/12)
The city building official shall:
(1)
Inspect
or cause to be inspected, when necessary, any building, building structure,
or portion thereof, located within the incorporated limits of the
city, including, but not limited to public buildings, schools, halls,
churches, theaters, hotels, tenements, apartments, other multifamily
residences, single-family residences, garages, warehouses, and other
commercial and industrial structures of any nature whatsoever for
the purpose of determining whether any conditions exist which render
such structures as a “substandard structure” as defined
herein.
(2)
Inspect
any building, wall, or structure about which complaints have been
filed by any person to the effect that a building, wall or structure
is or may be existing in violation of this article.
(3)
Report to the building and standards commission any noncompliance with the minimum standards set forth in this article. The city building official shall obtain from the secretary of the building and standards commission a hearing date for a public hearing to be held by said commission on any building structure believed to be a substandard building as defined herein, and shall provide said secretary with copies of the written notice to persons with interest in the property as provided for in section 3.05.005 hereof.
(4)
Appear
at all hearings conducted by the building and standards commission
and testify as to the conditions of substandard buildings within the
city.
(5)
Issue
notices to the owner of substandard buildings as provided in this
article.
(6)
Perform
the other requirements required in this article with respect to notification
of public hearings.
(Ordinance 2012-0944 adopted 12/17/12)
When it is necessary to make an inspection to enforce the provisions
of this article, or when the building official or 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 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 is occupied credentials
shall be presented to the occupant and entry shall be requested. If
such building or premises is unoccupied, the building official or
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. The
building official is designated as the person who may be issued a
search warrant pursuant to Vernon’s Ann. C.C.P. art. 18.05,
as amended, upon presentation of evidence to a magistrate of probable
cause to believe that a fire, health hazard, violation of this article,
or unsafe building condition is present on the premises sought to
be inspected. Upon searching the premises, a copy of the warrant shall
be presented to the owner if present, or if not present, to any person
present who is in possession of the property.
(Ordinance 2012-0944 adopted 12/17/12)
(a)
Commencement of proceedings.
Whenever the building official
has inspected or caused to be inspected any building, and has found
and determined that such building is dilapidated, substandard, or
unfit for human habitation and a hazard to the public health, safety,
and welfare so as to render said building a substandard structure,
the building official shall commence proceedings to cause the repair,
rehabilitation, vacation, removal and/or demolition of the building.
(b)
Notice of violation.
The building official shall issue
a notice directed to the record owner of the building. The notice
shall contain:
(1)
The street address and description (legal or other) sufficient for
identification of the premises upon which the building is located;
(2)
A statement that the building official has found the building to
be a substandard building with a brief and concise description of
the conditions found to render the building dangerous;
(3)
A statement of the action required to be taken as determined by the
building official;
(4)
A requirement that the owner or person who has custody and control
of the building or premises secure required permits and commence the
required action within fifteen (15) days from the date of such notice
and that all work be completed within such time as the building official
shall determine is reasonable;
(5)
If the building official has determined that the building or structure
must be vacated, the notice shall contain a requirement that the building
be vacated within such time from the date of the notice as determined
by him to be reasonable;
(6)
A statement advising that if any required repair or demolition work
is not commenced within the time specified, the building official
will, without further notice, order the building vacated and posted
to prevent further occupancy until the work is completed; and
(7)
A statement advising that if any required repair or demolition work
is not commenced or completed within the time specified, proceedings
will be commenced to have the building repaired, removed or demolished
and the cost of such assessed as a charge against the land.
(c)
Service of notice.
The notice and any amended notice
shall be served upon the record owner of the property.
(d)
Method of service.
Service of notice shall be made upon
all persons entitled thereto either personally or by mailing a copy
of such notice and order by certified mail, postage prepaid, return
receipt requested, to each such person at his address as it appears
on the last tax roll of the city, or as known to the building official.
If no address of any such person so appears or is known to the building
official, then a copy of the notice and order shall be published twice
within ten consecutive days in a newspaper of general circulation
in the city. Failure to receive such notice or order shall not affect
the validity of any proceedings taken under this section. Service
by certified mail in the manner provided in this section shall be
deemed effective on the date of mailing. Service by publication shall
be deemed effective on the date of the second publication.
(e)
Order to vacate.
An order to vacate immediately may
be issued only if the building or structure is in such condition as
to make it immediately dangerous to the life, limb, property or safety
of the public or of the occupants.
(f)
Posting.
Every notice to vacate shall, in addition to being served as provided in subsection (d) of this section, be posted at or upon each exit of the building, and shall be in substantially the following form:
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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
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City of Hutchins, Texas
|
(Ordinance 2012-0944 adopted 12/17/12)
(a)
Creation of commission.
There is hereby created the
building and standards commission, composed of seven (7) members and
two (2) alternates, which shall consist of the members of the zoning
board of adjustment. Persons appointed to the zoning board of adjustment
shall also automatically be appointed to the building and standards
commission. The zoning board of adjustment shall not assume or perform
any duties or responsibilities of the building and standards commission,
nor shall the building and standards commission assume or perform
any duties or responsibilities of the zoning board of adjustment,
each such board being separate and distinct boards. Members must be
residents of the city. Their appointment is for a term of two years
or until replacements are appointed. The building and standards commission
is hereby established which shall consist of seven (7) members and
two (2) alternates appointed by the city council as provided in this
section.
(b)
Meetings.
The commission shall hold its meetings on
the call of the chairman; at the request of the city council; or on
call of the building official. All meetings shall be duly posted public
meetings subject to the Texas Open Meetings Act, as amended.
(c)
Quorum.
At least three commission members (regular or
alternate) shall be necessary to constitute a quorum.
(d)
Chairman and vice-chairman.
A chairman shall be appointed
by the city council and a vice-chairman shall be selected by the members
of the commission. After the initial selection of chairman and vice-chairman,
such selection shall be conducted following the annual appointment
of new members.
(e)
Secretary.
The commission shall appoint one of its members
to be secretary to the commission. The secretary shall keep a record
of the cases, activities, and actions of the commission and perform
such other duties as are consistent with or may be necessary for the
enforcement of this article, as required by the commission.
(f)
Vote.
The concurring vote of a majority of those members
of the commission present and voting shall be necessary for the adoption
of any motion, the issuance of any order or the determination of the
amount and duration of any civil penalty.
(g)
Rules and regulations.
The commission may adopt other
rules in accordance with this article and pursuant to subchapter C,
chapter 54, Local Government Code necessary to establish procedures
for use in hearings, providing ample opportunity for presentation
of testimony and evidence regarding charges brought by the municipality
or its building officials relating to alleged violations of ordinances.
(h)
Jurisdiction.
The commission shall have authority to
hear cases brought before it for violation of city ordinances as provided
in this article herein.
(Ordinance 2022-1141 adopted 2/21/22)
(a)
The
building and standards commission has the authority to enforce the
enumerated health and safety ordinances authorized by V.T.C.A., Local
Government Code ch. 54, subchapter C, as amended. Specifically, the
commission shall have the following powers and duties:
(1)
To require the reduction in occupancy load of an overcrowded structure
or vacation of a structure that is reasonably dangerous to the health,
safety or welfare of the occupants.
(2)
To require, as an alternative to demolition of a structure found
to be substandard, the repair of the structure by the owner or by
the city.
(3)
To require the demolition of a structure found to be substandard.
(4)
To require the removal of personal property from a structure ordered
vacated or demolished. Removal may be accomplished by use of city
forces or a private transfer company if the owner of the personal
property is not known, or the whereabouts of the owner cannot be ascertained,
or the owner fails to remove the personal property. The commission
may cause any personal property removed to be stored in the care and
custody of a bonded warehouse facility. Cost of removal and storage
are the responsibility of the owner of the personal property.
(5)
To require a vacant structure or vacant portion of a structure constituting
a dangerous condition or nuisance to be securely closed and made safe.
(6)
To require or cause the correction of a dangerous condition on the
land. Correction of a dangerous condition may be accomplished by city
forces or private contract. Costs of correction are the responsibility
of the owner.
(7)
To assess a civil penalty, not to exceed one thousand dollars ($1,000.00)
a day, against a property owner for each day or part of a day that
he fails to repair or demolish a structure in compliance with a commission
order issued under this article.
(8)
To cause an act to be brought in district court in accordance with
V.T.C.A., Local Government Code section 214.003, as amended, for the
appointment of a receiver for property found to be substandard.
(9)
To require relocation of the occupants of a structure found to be
substandard.
(10)
To declare a building substandard in accordance with the powers granted
by V.T.C.A., Local Government Code ch. 54, subchapter C [section 54.031
et seq.], as amended.
(11)
To issue orders or directives to any peace officer of the state,
including a sheriff or constable or the chief of police of the city,
to enforce and carry out the lawful orders or directives of the commission.
(b)
The
authority granted in this section is in addition to that granted by
V.T.C.A., Local Government section 214.001, as amended, and other
sections in this article.
(Ordinance 2012-0944 adopted 12/17/12)
(a)
Commencement of proceedings.
If the required repair
or demolition has not been commenced within fifteen (15) days from
the date of any notice served by the building official pursuant to
this section, or if required action has not been completed as required
by such notice, the building official shall commence proceedings before
the building and standards commission in accordance with this section.
(b)
Public hearing.
Except when the building official has
determined and found that a building is likely to immediately endanger
persons or property, a public hearing shall be scheduled before the
building and standards commission to determine whether the building
complies with the standards set out in this article and to consider
to decide whether to order the repair, removal or demolition and whether
to cause the cost of such work to be paid and levied as a special
assessment against the property.
(c)
Ownership.
The building official shall conduct a title
search to determine each owner, mortgagee and lienholder of any property
subject to this section. A diligent search shall be made by searching
the following records:
(d)
Notice of public hearing.
Notice of the public hearing
to be held before the building and standards commission shall be given
on or before the tenth (10th) day before the hearing by causing a
notice to be published in the city’s official newspaper and
mailed by certified mail, return receipt requested or personally delivered
to the owner of such property and to each mortgagee and lienholder
having an interest in the building or in the property on which the
building is located. Notice shall also be posted on the front door
of the building which is the subject of the proceeding or as close
thereto as is practicable. The notice shall include the date, time
and place of such hearing and shall state that the owner, lienholder
or mortgagee will be required to submit 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 together with:
(1)
The name and address of the record owner;
(2)
The street address of the premises;
(3)
An identification, which is not required to be a legal description,
of the building and the property on which it is located;
(4)
A description of the violation of city standards that is present
at the building; and
(5)
A statement that the city will vacate, secure, remove, or demolish
the building or relocate the occupants of the building if the ordered
action is not taken within a reasonable time.
(e)
Additional notice.
The city secretary shall, at the
time notices are mailed, file a notice of the hearing in the county
clerk’s office, stating the name and address of the owner, if
such can be determined, a legal description of the land, and stating
the purpose, time and place of the hearing, which notice shall be
binding on all subsequent grantees, lienholders, or other transferees
of any interest in the property who acquire such interest after the
filing of such notice.
(f)
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.
(g)
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 building and standards commission, the chairman of the building
and standards commission, or in his absence, any officer designated
by rules adopted by the building and standards commission 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
of the vote of the building and standards commission.
(Ordinance 2012-0944 adopted 12/17/12)
(a)
Findings of the commission.
If the commission, by a
majority vote, finds upon evidence presented at the public hearing
that the building is a substandard building, as set forth in this
article, the commission may order that the building be repaired, vacated,
removed, demolished, or secured in accordance with this article, or
that the occupants be 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 do either or both of the following within thirty (30)
days:
(2)
If the commission allows the owner, lienholder or mortgagee more
than thirty (30) days to repair, remove or demolish the building,
the commission 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 while the
work is being performed.
(3)
The commission 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 does both of the following:
(4)
If the commission 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 commission shall require
the owner, lienholder or mortgagee regularly to 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 work. The order may require that the
owner, lienholder or mortgagee appear before the commission or the
building official to demonstrate compliance with the time schedules.
(c)
Contents of order.
The order of the commission must
contain, at a minimum, all of the following:
(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 feasible, 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 commission has determined that the building will endanger
persons or property, or if the building is a dwelling with ten (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 2012-0944 adopted 12/17/12)
(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 commission,
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 commission, the building official
shall publish in a newspaper of general circulation within the city
a notice stating all of the following:
(Ordinance 2012-0944 adopted 12/17/12)
(a)
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 commission has found either of the following:
(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 the building is infeasible to repair; or
(B)
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 both apply:
(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
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City of Hutchins”
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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 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 is directed pursuant to section 3.05.009 who fails, neglects or refuses to comply with such order shall be guilty of a misdemeanor and may be prosecuted in the municipal court in addition to any other remedies available to the city provided herein.
(e)
Interference prohibited.
It shall be an offense for
any person to 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. 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
commission shall expire upon expiration of the time for compliance
set forth in the order.
(Ordinance 2012-0944 adopted 12/17/12)
Any owner, lienholder, or mortgagee of record jointly or severally
aggrieved by any decision of the commission may present a petition
to a district court, duly verified, setting forth that the decision
is illegal, in whole or in part, and specifying the grounds of the
legality [illegality]. The petition must be presented to the court
within thirty (30) calendar days after the date a copy of the final
decision of the commission is mailed by first class mail, certified,
return receipt requested, to all persons to whom notice is required
to be sent. On presentation of the petition, the court may allow a
writ of certiorari pursuant to state law. Review of any commission
decision shall be de novo if no appeals are taken from the decision
of the commission within the required period, the decision of the
commission shall, in all things, be final and binding.
(Ordinance 2012-0944 adopted 12/17/12)
Action taken by the city under this article shall not affect
the ability of the city to proceed under the jurisdiction of the city’s
municipal court.
(Ordinance 2012-0944 adopted 12/17/12)
(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 commission, the work may be
accomplished by city personnel or by private contract as may be deemed
necessary.
(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 (10) percent
interest per annum on such amount from the date on which the work
is performed, however, no lien shall be placed upon such property
where work was performed and the property is a homestead protected
by the state constitution.
(c)
Repair to minimum standards only.
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 2012-0944 adopted 12/17/12)
(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 all 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 commission in the deed of records of the county in which
the premises are 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 the county, the lien shall be
valid against the property so assessed. The lien shall be privileged
and subordinate only to tax liens, existing special assessment 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 the ten (10) percent per annum
from the date the work was performed, the building official shall
execute a release lien which shall be filed in the deed records of
the county.
(Ordinance 2012-0944 adopted 12/17/12)
(a)
Civil penalty authorized.
The commission 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 commission.
(b)
Showing required.
The civil penalty may be assessed
if shown at the administrative hearing that both of the following
apply:
(c)
Amount of penalty.
The civil penalty may be assessed
in an amount not to exceed one thousand dollars ($1,000.00) per day
for each violation or, if the owner shows that the property is the
owner’s lawful homestead, in an amount not to exceed ten dollars
($10.00) per 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 pursuant to this section, the property owner shall be sent a notice
of the hearing by certified mail, return receipt requested. The notice
shall contain all of the following:
(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 commission may
assess a civil penalty not to exceed one thousand dollars ($1,000.00)
per day for each violation or, if the owner shows that the property
is the owner’s lawful homestead, in an amount not to exceed
ten dollars ($10.00) per 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 section is final and binding and constitutes prima
facie evidence of the penalty in any suit.
(Ordinance 2012-0944 adopted 12/17/12)
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 2012-0944 adopted 12/17/12)
Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement
of any of the provisions of this article shall be fined not more than
two thousand dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
(Ordinance 2012-0944 adopted 12/17/12)
