ARTICLE 3.12 UNSAFE OR SUBSTANDARD BUILDINGS OR STRUCTURES

The terms “dangerous building,” “unsafe building” or “substandard building” shall be used interchangeably. Any structure or building located within the incorporated limits of the city which has any of the following defects shall be deemed a substandard or unsafe building or structure and constitute a hazard to the health, safety and welfare of the citizens:

In such a state or condition of repair or disrepair that all or any of the following conditions exist:

Walls or other vertical structural members list, lean, or buckle;

Damage or deterioration exists to the extent that the building is unsafe;

(C)

Loads on floors or roofs are improperly distributed or the floors or roofs are of insufficient strength to be reasonably safe for the purposes used;

(D)

Damage by fire, wind, or other cause has rendered the building or structure dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the city;

(E)

The building or structure is so dilapidated, substandard, decayed, unsafe, unsanitary or otherwise lacking in the amenities essential to decent living or use that the same is unfit for human habitation or occupancy, or is likely to cause sickness, disease or injury or otherwise to constitute a detriment to the health, morals, safety or general welfare of those persons assembled, working or living therein or is a hazard to the public health, safety and welfare;

(F)

Light, air, and sanitation facilities are inadequate to protect the health, morals, safety or general welfare of persons who assemble, work or live therein;

(G)

Stairways, fire escapes, and other facilities of egress in case of fire or panic are inadequate;

(H)

Parts or appendages of the building or structure are so attached that they are likely to fall and injure persons or property; or

(I)

The building or structure does not meet the minimum housing standards as set forth herein.

Dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare of the city’s residents;

Regardless of its structural condition, the building 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 person as a place of harborage or could be entered or used by children; or

Boarded up, fenced or otherwise secured in any manner if:

The building constitutes a danger to the public even though secured from entry; or

The means used to secure the building are inadequate to prevent unauthorized entry or use of the building to the extent 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;

(C)

Defined as a dangerous or unsafe building by the Standard Unsafe Building Abatement Code, published by the Southern Building Code Congress International, Incorporated.

§ 3.12.003 Unsafe buildings declared a nuisance.

“Responsible parties” means the owner, occupant or person in custody of the building or structure, and any mortgagee or lienholder.

(Ordinance 643 adopted 8/31/10)

It shall be unlawful for any person to maintain or permit the existence of any substandard or unsafe building in the city; and it shall be unlawful for any person to permit the same to remain in such condition.

§ 3.12.004 Inspections and duties of the building official.

All substandard or unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures provided in this article and to the standards enumerated in the current building code adopted by the city.

(c)

The building official, as defined herein, shall enforce the provisions of this article.

(Ordinance 643 adopted 8/31/10; Ordinance 801, sec. I, adopted 2/22/16)

The building official shall inspect, or cause to be inspected, every building, or portion thereof, reported to be unsafe. If such building, or any portion thereof, is determined to be unsafe, the building official shall give the responsible parties notice in accordance with the requirements set forth in sections 3.12.005 and 3.12.006 of this article. The building official shall further:

Inspect or cause to be inspected, when necessary, any building or structure within the incorporated limits of the city, including public buildings, schools, halls, churches, theaters, hotels, tenements, or apartments, 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 places a “dangerous building” or “substandard or unsafe building” as defined herein.

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.

Report to the board of adjustments and appeals any noncompliance with the minimum standards set forth in this article. The city building official shall obtain from the board of adjustments and appeals a hearing date for a public hearing in front of the board of adjustments and appeals on any structure believed to be a dangerous building or substandard or unsafe building and shall provide the board of adjustments and appeals with copies of the written notice to persons with interests in the property as provided for in section 3.12.005 hereof.

Appear at all hearings conducted by the board of adjustments and appeals and testify as to the condition of dangerous buildings, substandard or unsafe building within the city.

(5)

Place a notice on all dangerous buildings reading as follows: “This building has been found to be a dangerous building by the City of Giddings Building Official. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given to the owner(s), occupant(s) and person(s) with interests in the property as shown by the records of the City Secretary and the Tax Appraisal District. It is unlawful to remove this notice until such notice is complied with as determined by the Building Official.”

(6)

Perform the other requirements with respect to notification of public hearings as are set forth more specifically in this article.

(Ordinance 643 adopted 8/31/10)

§ 3.12.005 Notice to repair required.

Should the building official determine that any building or structure within the incorporated limits of the city is a dangerous building or unsafe building he/she shall cause written notification to be sent, by certified mail, to the owner and all other persons having an interest in the building after a diligent effort to discover each owner, mortgagee, and lienholder. Such notice shall contain:

A description of the building or structure deemed unsafe and its location.

A statement of the particulars which make the building or structure a dangerous building.

Notice of the date and time of a public hearing before the board of adjustment and appeals to determine whether the building complies with the standards set out in this article.

A statement that the owner, lienholder, mortgagee, or persons with a legal interest in the building will be required to submit at the hearing period proof of the scope of any work that may be required to comply with this article and the amount of time it will take to reasonably perform the work.

Such notice shall be served upon the responsible parties as set out in this article.

The requirements to make a diligent effort, to use its best efforts, or to make a reasonable effort to determine the identity and address of an owner, a lienholder, or a mortgagee, are satisfied if the municipality searches the following records:

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;

(5)

Tax records of the city; and

(6)

Utility records of the city.

(Ordinance 643 adopted 8/31/10)

§ 3.12.006 Sufficiency of notice.

A notice to repair and a notice of a public hearing pursuant to this article shall be deemed properly served upon the responsible parties if a copy thereof is:

Served upon him/her personally;

Sent by registered or certified mail, return receipt requested, to the last known address of such persons as shown on the records of the city;

Published at least twice within a 10-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

§ 3.12.007 Duties of the board of adjustments and appeals.

Posted on or near the front door of the building if personal service cannot be obtained and the owner’s post office address is unknown.

(Ordinance 643 adopted 8/31/10)

The board of adjustments and appeals shall:

Schedule and hold a hearing and hear testimony from the building official, the owner and other persons having an interest in the dangerous building, and any person desiring to present factual evidence relevant to the unsafe building. Such testimony shall relate to the determination of the question of whether the building or structure in question is a dangerous building and the scope of any work that may be required to comply with this article and the amount of time it will take to reasonably perform the work. The owner or a person having an interest in the dangerous building shall have 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.

Upon conclusion of the hearing, the board of adjustments and appeals shall determine whether the building or structure in question is a dangerous building. Upon a determination that the building or structure in question constitutes a dangerous building, the board of adjustments and appeals shall issue an order:

Containing an identification of the building and the property on which it is located;

Making written findings of the violations of the minimum standards that are present at the building;

(C)

Requiring the owner and persons having an interest in the building to repair, vacate, or demolish the building within thirty (30) days from the issuance of such order, unless the owner or a person with an interest in the building establishes at the hearing that the work cannot reasonably be performed within thirty (30) days, in which instance the board of adjustments and appeals shall specify a reasonable time for the completion of the work; and

(D)

Containing a statement that the city will vacate, secure, remove, or demolish the dangerous building and relocate the occupants of the building if the ordered action is not taken within the time specified by the board of adjustments and appeals.

If repair or demolition is ordered, the board of adjustments and appeals shall send a copy of the order by certified mail to the owner and all persons having an interest in the property, including all identifiable mortgagees and lienholders within a reasonable period of time after the hearing. Within 10 days after the date that the order is issued, the city shall:

File a copy of the order in the office of the municipal secretary; and

Publish in a newspaper of general circulation in the municipality in which the building is located a notice containing:

(i)

The street address or legal description of the property;

(ii)

The date of the hearing;

(iii)

A brief statement indicating the results of the order (may be a copy of the order); and

(iv)

If not provided in the notice, instructions stating where a complete copy of the order may be obtained.

If the board of adjustments and appeals allows the owner or a person with an interest in the dangerous building more than thirty (30) days to repair, remove, or demolish the building, the board of adjustments and appeals in its written order shall establish specific time schedules for the commencement and performance of the work and shall require the owner or another person having an interest in the legal title to the property to secure the property in a reasonable manner from unauthorized entry while the work is being performed. The securing of the property shall be in a manner found to be acceptable by the city building official.

(5)

The board of adjustments and appeals may not allow the owner or person with an interest in the dangerous building more than ninety (90) days to repair, remove or demolish the building or fully perform all work required to comply with the written order unless the owner or person:

Submits a detailed plan and time schedule for the work at the hearing; and

§ 3.12.008 Assessment of expenses and penalties.

Establishes at the hearing that the work cannot reasonably be completed within ninety (90) days because of the scope and complexity of the work.

(6)

If the board of adjustments and appeals allows the owner or person with an interest in the dangerous building more than ninety (90) days to complete any part of the work required to repair, remove, or demolish the building, the board of adjustments and appeals shall require the owner or person with an interest in the dangerous building to regularly submit progress reports to the board of adjustments and appeals to demonstrate that the owner or person has complied with the time schedules established for commencement and performance of the work. The written order may require that the owner or person with an interest in the building appear before the city building official to demonstrate compliance with the time schedules.

(7)

In the event the owner or a person with an interest in a dangerous building fails to comply with the order within the time specified therein, the city may cause any occupants of the dangerous building to be relocated, and may cause the dangerous building to be secured, removed, or demolished at the city’s expense. The city may assess the expenses on, and the city has a lien against, unless it is a homestead as protected by the Texas Constitution, the property on which the dangerous building was located. The lien is extinguished if the property owner or a person having an interest in the building reimburses the city for its expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the county clerk. The notice of lien must contain the name and address of the owner of the dangerous building if that information can be determined by a diligent effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the city, and the balance due. Such lien is a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens attached to real property.

(8)

In addition to the authority set forth in subsection (6) above, after the expiration of the time allotted in the order for the repair, removal, or demolition of a dangerous building, the city may repair the building at its expense and assess the expenses on the land on which the building stands or to which it is attached. The repairs contemplated by this section may only be accomplished to the extent necessary to bring the building into compliance with the minimum standards established by this article, and to the extent such repairs do not exceed minimum housing standards. The city shall follow the procedures set forth in subsection (7) above for filing a lien on the property on which the building is located.

(Ordinance 643 adopted 8/31/10)

If the time allotted for the repair, removal or demolition of a building under this article has expired, then the board of adjustments and appeals may, in addition to the authority granted under chapter 214 of the Texas Local Government Code, and the foregoing sections of this article, do the following:

Order the repair of the building at the city’s expense and assess the expenses on the land on which the building stands or to which it is attached;

Assess a civil penalty of up to $1,000.00 per day against the responsible party for failure to repair, remove, or demolish the building, unless the property is the owner’s lawful homestead, in which case the civil penalty shall not exceed $10.00 per day for each violation. In order to assess a penalty under this section, the city must prove the property owner was notified of the requirements of this article and the owner’s need to comply with the requirements; and after notification the property owner committed an act in violation of this article or failed to take an action necessary for compliance with this article; or

Authorize the city building official to invite at least two (2) or more building contractors to make estimates pertaining to the needed repair, removal or demolition of a building. The building official shall cause to be made an assessment of expenses, and may also recommend civil penalties, based on such estimates. The building official shall endeavor to minimize the expenses of any building repairs, removal or demolitions order pursuant to this article.

The city may repair a building under subsection (a) only if it is likely to endanger persons or property and only to the extent necessary to bring the building into compliance with the minimum standards of the city.

(c)

The city shall impose a lien against the land on which the building stands or stood, unless it is a homestead as protected by the state constitution, to secure the payment of the repair, removal, or demolition expenses or the civil penalty. Promptly after the imposition of the lien, the city shall file for record, in recordable form in the office of the county clerk, a written notice of the imposition of the lien. The notice shall contain a legal description of the land. A copy of the notice shall be either served upon the interested parties personally or sent by registered or certified mail, return receipt requested, to the last known address of such persons as shown on the records of the city.

(d)

The city’s lien to secure the payment of a civil penalty or the costs of repairs, removal, or demolition is inferior to any previously recorded bona fide mortgage lien attached to the real property to which the city’s lien attaches if the mortgage lien was filed for record in the office of the county clerk before the date the civil penalty is assessed or the repair, removal, or demolition is begun by the city. The city’s lien is superior to all other previously recorded judgment liens.

(e)

Any civil penalty or other assessment imposed under this section accrues interest at the rate of 10 percent a year from the date of the assessment until paid in full. The city may further file with the district clerk a copy of an ordinance assessing a civil penalty pursuant to this article.

(f)

In any judicial proceeding regarding enforcement of the city’s rights under this section, the prevailing party is entitled to recover reasonable attorney’s fees as otherwise provided by statute.

(g)

A lien acquired under this section by the city for repair expenses may not be foreclosed if the property on which the repairs were made is occupied as a residential homestead by a person 65 years of age or older.

(Ordinance 643 adopted 8/31/10; Ordinance 801, sec. II, adopted 2/22/16)

§ 3.12.009 Violations.

The owner of any unsafe building or dangerous building who shall fail to comply with any notice or order to repair, vacate or demolish said building or structure, such notice or order given by the authority of the board of adjustments and appeals shall be guilty of a misdemeanor.