The following definitions shall be applicable in this article.
Any structure used, or intended for, supporting or sheltering
any use or occupancy and shall include:
Any structure classified as a “building” pursuant to section 202 of the International Building Code, adopted by section 3.02.001(a) of this code; and
A dwelling.
The technical building codes adopted pursuant to section 3.02.001(a) of this code. “Applicable building codes” shall mean any and all building codes which are applicable to the particular condition or component of a structure or building which is being addressed.
A building designed or intended for human habitation and shall include those structures that are classified as a “dwelling” under section 202 of the International Building Code adopted by section 3.02.001(a) of this code and all structures described in, and referred to, in section 310.1 of the International Building Code adopted by section 3.02.001(a) of this code.
The person or firm that owns a building or structure and
shall include any person that has legal or equitable [interest] to
the building or structure. Each owner of a building or structure shall
be jointly and severally responsible for compliance with all provisions
of this article. It shall not be a defense to prosecution or any other
sanctions or the use of the city’s remedies under this article
if a joint owner is not prosecuted, sanctioned or required to perform
remediation or assessed expenses.
Any improvement which is built, constructed or located on
real property other than a dwelling or building and shall include
any fence, shed, or awning.
(Ordinance 325, sec. 1, adopted 5/19/16)
The following buildings or structures, regardless of their date of construction, are subject to the regulations in this article and may be referred to in this article by the titles set forth in subsection (1), (2) and (3) below:
(1)
Substandard building or structure.
Any building or structure
that is dilapidated, substandard, or unfit for human habitation and
a hazard to public health, safety, and welfare. A building or structure
is presumed to be a substandard building or structure if it does not
meet the following minimum standards:
(A)
A dwelling must have an adequate water closet, lavatory, bathtub
or shower, kitchen sink, hot and cold running water to plumbing fixtures,
as required by the applicable building codes.
(B)
A dwelling must have adequate heating facilities and ventilating
equipment.
(C)
A dwelling must have lighting that is properly installed and that
is operating in accordance with any applicable building codes.
(D)
All electrical wiring in any building or structure must be installed
and operating in accordance with all applicable building codes.
(E)
A dwelling must not have dampness in any portion used, or constructed
for use, as a human habitation.
(F)
Buildings and structures must be free of hazardous or unsanitary
items or conditions including any accumulation of weeds, vegetation,
junk, dead organic matter, debris, garbage, offal, stagnant water
or conditions likely to harbor or promote the breeding or infestation
of insects, snakes, vermin or rodents.
(G)
Buildings and structures and components thereof must be maintained in accordance with all applicable building codes, including, without limitation, the following codes adopted by section 3.02.001(a) of this code: the International Building Code, the International Residential Code, the ICC Electrical Code (Administrative Use of the National Electrical Code), the International Fire Code, the International Plumbing Code, the International Mechanical Code, the International Fuel Gas Code and the International Property Maintenance Code.
(H)
Dwellings must be properly connected to the city’s sanitary
sewer system unless they are connected to an on-site sewer system
which has been approved by the city’s health department.
(I)
A building or structure with a water closet, lavatory, bathtub, shower,
or clothes washer or dishwasher must be properly connected to the
city’s sanitary sewer system unless they are connected to an
on-site sewer system which has been approved by the city’s health
inspector.
(J)
A building must not have garbage, rubbish or other unsightly material
in or around its location.
(K)
A building must have a foundation which is adequate to support the
building and loads imposed on the foundation in a safe manner.
(L)
A building must have flooring and floor supports of sufficient size,
structure and condition to carry loads imposed in a safe manner.
(M)
The walls, partitions or other vertical support members of a building
or structure must be adequate to carry the imposed loads in a safe
manner and support the roof of the building or structure; and must
not be split, must not lean, must not list or must not buckle.
(N)
The ceilings, roofs, and ceiling and roof supports of a building
or structure must be of sufficient size, structure and condition to
carry imposed loads in a safe manner and must not sag, split or buckle.
(O)
Chimneys and ventilation systems for fireplaces and stoves must be
of sufficient size, structure and condition to effectively remove
smoke and other gases created from combustion in the fireplace or
stove in a safe manner and must be sufficiently insulated so that
they do not create a risk or hazard of fire to adjacent structures
within the building in which they are installed.
(P)
Chimneys and ventilation systems for fireplaces and stoves and fireplaces
must have sufficient strength, structure and condition to carry the
structural loads imposed on them in a safe manner.
(Q)
All plumbing in any building or structure shall be installed and in a condition that complies with the International Plumbing Code adopted pursuant to section 3.02.001(a) of this code.
(R)
All mechanical systems in a building or structure shall be installed in a condition that complies with the International Mechanical Code adopted by section 3.02.001(a) of this code.
(S)
All buildings shall have effective waterproofing on exterior walls,
roofs, foundations or floors. The following are examples of ineffective
waterproofing: deteriorated, crumbling or loose plaster on exterior
walls or foundations, broken or missing exterior windows or doors,
lack of paint on exterior walls, broken, rotted, split or buckled
exterior wall coverings or roof coverings.
(T)
All buildings and structures shall be free of combustible waste or
vegetation or from any substance which could be an accelerant to a
fire or likely to cause an explosion unless the substance which could
accelerate a fire or cause an explosion is properly stored in accordance
with applicable law.
(U)
All buildings must have adequate exits as required by applicable
building codes.
(V)
When any portion of a building is used as a living or sleeping quarters
or a place where food is cooked for human consumption, such building
shall comply with the building codes applicable to dwellings with
respect to its plumbing, electrical and heating systems.
(W)
A building that is damaged by fire, windstorm, hail, or acts of vandalism
shall be immediately secured to avoid it being an unsecured building
or structure or a dangerous building or structure and work to bring
the building or structure into compliance with the regulations of
this article must be commenced within 30 days unless a longer time
period is permitted by the city manager or code enforcement officer.
(2)
Unsecured building or structure.
Any building or structure
that, 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)
Dangerous building or structure.
Any building or structure
that is boarded up, fenced, or otherwise secured in any manner if:
(Ordinance 325, sec. 1, adopted 5/19/16)
(a)
Maintaining a nuisance.
A substandard building or structure, an unsecured building or structure or a dangerous building or structure, as defined by section 3.07.002 is hereby declared a nuisance. It shall be unlawful for the owner of a building or a structure to allow it to exist in a condition in which it is a substandard building or structure, an unsecured building or structure or a dangerous building or structure, as defined by section 3.07.002.
(b)
Failure to comply with city council order.
It shall be unlawful for any person to fail to timely comply with an order of the city council entered pursuant to section 3.07.007, requiring the vacation, relocation of occupants, securing, repair, removal or demolition of a substandard building or structure, an unsecured building or structure or a dangerous building or structure as defined by section 3.07.002.
(Ordinance 325, sec. 1, adopted 5/19/16)
The city may require the vacation, relocation or occupants, securing, repair, removal or demolition of a substandard building or structure, an unsecured building or structure or a dangerous building or structure as defined by section 3.07.002 by the procedures specified in this article.
(Ordinance 325, sec. 1, adopted 5/19/16)
(a)
Complaint.
The city manager or the code enforcement officer of the city shall prepare a written complaint with respect to any building or structure that is a substandard building or structure, an unsecured building or structure or a dangerous building or structure, as defined by section 3.07.002. The complaint shall contain the following:
(1)
Identification of the building or structure (which shall not require
a legal description of the property);
(2)
A description of the manner in which the building or structure is a substandard building or structure, an unsecured building or structure or a dangerous building or structure, as defined by section 3.07.002;
(3)
The name, office address and phone number of the city manager or
code enforcement officer that can be contacted during regular office
hours to discuss the complaint;
(4)
Direction to the owner, lienholder or mortgagee that they must by
either: (A) remedy the violations in the complaint by a date certain;
or (B) present the city manager or code enforcement officer with a
detailed plan stating the manner in which each violation will be remedied
and the time by which all work necessary to remedy the violations
will be completed, which plan shall be presented to the city manager
or code enforcement officer by a date certain specified in the complaint;
(5)
A statement that a public hearing will be held on the complaint before the city council if the owner fails to comply with subsection (4) preceding by the deadlines stated therein or if the owner or lienholder or mortgagee desires to contest the allegations in the complaint;
(6)
The date, time and place of the public hearing before the city council;
and
(7)
The following statement:
The owner, lienholder or mortgagee of this property will be
required to submit at the public 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.
(b)
Notice of the complaint and hearing.
The complaint shall
be mailed to the owner and any lienholder or mortgagee of the building
or structure. The following procedures shall govern the mailing of
such notice.
(1)
Determining identity and address of owner, lienholder or mortgagee.
The city will search the following records to determine the
identity and address of an owner, a lienholder, or a mortgagee:
(2)
Method of mailing.
The complaint and notice of hearing
shall be mailed to the owner and any lienholder or mortgagee of the
building or structure by certified mail with return receipt requested,
delivered by the United States Postal Service using signature confirmation
service or by personal delivery to the owner, lienholder or mortgagee
of the building or structure. If a notice or complaint is mailed in
accordance with this subsection to a property owner, lienholder, mortgagee,
or registered agent and the United States Postal Service returns the
notice as “refused” or “unclaimed,” the validity
of the notice is not affected, and the notice is considered delivered.
(Ordinance 325, sec. 1, adopted 5/19/16)
(a)
Hearing before city council.
The public hearing on the
complaint shall be conducted by the city council.
(b)
Evidence; burden of proof.
At the public hearing on
a complaint the city council shall consider any verbal or written
evidence presented by the city manager or code enforcement officer
and by the owner, lienholder or mortgagee; however, the presentation
of evidence shall be subject to any procedural rules applicable to
public hearings or proceedings before the city council. In 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.
(Ordinance 325, sec. 1, adopted 5/19/16)
After the public hearing if the city council determines that the building or structure which is the subject of the hearing is a substandard building or structure, an unsecured building or structure or a dangerous building or structure, as defined in section 3.07.002, the city council may order that the building or structure be vacated, secured, repaired, removed or demolished by the owner within a reasonable time and may order that any occupants of a building be relocated within a reasonable time. The order of the city council shall be reduced to writing and shall be signed by the mayor or the mayor pro tem and the city secretary.
(Ordinance 325, sec. 1, adopted 5/19/16)
If the city council orders the owner to remediate violations
with respect to a building or structure, the remediation work shall
be conducted within the following time periods:
(2)
More than 30 days; conditions.
If the city council finds
that the work required to remedy all violations cannot be accomplished
within 30 days from the date of the public hearing, the city council
may allow the owner, lienholder or mortgagee of the building or structure
more than 30 days to repair, remove, or demolish the building or structure
if the following conditions are satisfied:
(A)
The city council establishes a specific time schedule for the commencement
and performance of the work; and
(B)
Requires the owner, lienholder or mortgagee of the building or structure
to secure the property in a reasonable manner from unauthorized entry
while the work is being performed in a manner approved by the city
manager or code enforcement officer.
(3)
More than 90 days; additional conditions.
The city council
may not allow the owner, lienholder or mortgagee of the building or
structure more than 90 days to repair, remove, or demolish the building
or structure unless the owner, lienholder or mortgagee:
(A)
Submits a detailed plan and time schedule for the work at the hearing;
(B)
Establishes at the hearing that the work cannot reasonably be completed
within 90 days because of the scope and complexity of the work; and
(C)
Is required to by the city council’s order to regularly submit
progress reports to the city manager or code enforcement officer to
demonstrate compliance with the time schedules established for commencement
and performance of the work.
(4)
Bond as additional condition in certain circumstances.
If the city council allows the owner, lienholder or mortgagee of
a building or structure more than 90 days to complete the required
repairs, removal or demolition of a building or structure and if the
owner, lienholder, or mortgagee owns property, including structures
or improvements on property, within the boundaries of the city that
exceeds $100,000.00 in total value, the city may require the owner,
lienholder, or mortgagee to post a cash or surety bond in an amount
adequate to cover the cost of repairing, removing, or demolishing
a building or structure under this article. In lieu of a bond, the
city may require the owner, lienholder, or mortgagee to provide a
letter of credit from a financial institution or a guaranty from a
third party approved by the city. The bond must be posted, or the
letter of credit or third-party guaranty provided, not later than
the 30th day after the date the city issues the order.
(Ordinance 325, sec. 1, adopted 5/19/16)
Notice of the city council’s order shall be given as follows:
(1)
It
shall be promptly mailed to the owner and any lienholder or mortgagee
of the building or structure by certified mail with return receipt
requested, delivered by the United States Postal Service using signature
confirmation service or by personal delivery to the owner, lienholder
or mortgagee of the building or structure.
(2)
A
copy of the order shall be filed with the city secretary within 10
days after the date the order is issued.
(3)
A
notice shall be published in a newspaper of general circulation in
the city within 10 days after the date the order is issued. The published
notice shall state the street address or legal description of the
property, the date of the public hearing, a brief statement of the
results of the order and instructions on where a complete copy of
the order may be obtained.
(Ordinance 325, sec. 1, adopted 5/19/16)
(a)
Securing the building or structure.
If the building
or structure is not vacated, secured, repaired, removed, or demolished,
or the occupants are not relocated within the allotted time in the
city council’s order, the city may vacate, secure, remove, or
demolish the building or relocate the occupants at its own expense.
(b)
Repairing the certain buildings.
If the building is
a residential building with 10 or fewer dwelling units and is not
repaired within the allotted time in the city council’s order,
the city may repair the building and assess the expenses on the land
on which the building or structure stands or to which it is attached.
The city may repair the building only to the extent necessary to bring
it into compliance with the minimum standards set forth in this article.
The repairs may not improve the building to the extent that the building
exceeds those minimum housing standards.
(c)
Civil penalty.
If the building or structure is not vacated,
secured, repaired, removed, or demolished, or the occupants are not
relocated within the allotted time in the city council’s order,
the city may assess a civil penalty against the property owner for
failure to repair, remove, or demolish the building or structure and
provide for that assessment, the mode and manner of giving notice,
and the means of recovering the assessment. The civil penalty shall
only be imposed if the owner does not complete the action required
by the city council’s order within the time period specified
in such order. Any civil penalty shall be specified in the city council’s
order but shall 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, if the
city council finds:
(Ordinance 325, sec. 1, adopted 5/19/16)
The city may impose a lien against the land on which a building or structure stands or stood, unless it is a homestead as protected by the state constitution, to secure the payment of any repair, removal, or demolition expenses incurred by the city pursuant to section 3.07.010 or any civil penalty assessed by the city pursuant to section 3.07.010. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the municipality for the expenses.
(1)
Contents of lien notice.
The lien notice must contain
the name and address of the owner if that information can be determined
with a reasonable effort, a legal description of the real property
on which the building or structure was located, the amount of expenses
incurred by the city, and the balance due.
(2)
Lien attachment and priority.
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. If notice has been given
to the owner and any lienholder or mortgagee prior to the public hearings
so that such persons or firms are the opportunity to relocate the
tenants of the building or to repair, remove, or demolish the building
or structure, the lien is a privileged lien subordinate only to tax
liens but shall be inferior to any previously recorded bona fide mortgage
lien attached to the real property 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 municipality. The city’s lien is superior to all other
previously recorded judgment liens.
(3)
Interest.
Any civil penalty or other assessment imposed
shall accrue interest at the rate of 10 percent a year from the date
of the assessment until paid in full.
(Ordinance 325, sec. 1, adopted 5/19/16)
(a)
Authority to secure.
The city may secure a substandard building or structure, an unsecured building or structure or a dangerous building or structure, as defined by section 3.07.002 and the building or structure is unoccupied or is occupied only by persons who do not have a right of possession to the building or structure.
(b)
Notice to owner.
Before the 11th day after the date
the building or structure is secured, the city will give notice to
the owner by:
(1)
Personally serving the owner with written notice;
(2)
Depositing the notice in the United States mail addressed to the
owner at the owner’s post office address;
(3)
Publishing the notice at least twice within a 10-day period in a
newspaper of general circulation in the county 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 or structure
if personal service cannot be obtained and the owner’s post
office address is unknown.
(c)
Contents of notice.
The notice will contain:
(1)
An identification, which is not required to be a legal description,
of the building or structure and the property on which it is located;
(2)
A description of the violation of the city standards that are present
at the building or structure;
(3)
A statement that the city will secure or has secured, as the case
may be, the building or structure; and
(4)
An explanation of the owner’s right to request a hearing before
the city council about any matter relating to the municipality’s
securing of the building or structure.
(d)
Hearing.
The city will conduct a hearing at which the
owner may testify or present witnesses or written information about
any matter relating to the city’s securing of the building or
structure if, within 30 days after the date the city secures the building
or structure, the owner files with the city secretary a written request
for the hearing. The city shall conduct the hearing within 20 days
after the date the request is filed.
(e)
Assessment of expenses as lien.
The city shall have the same authority to assess expenses under this section as it has to assess expenses under section 3.07.011. A lien is created under this section in the same manner that a lien is created under section 3.07.011 and is subject to the same conditions as a lien created under that section.
(f)
Authority to secure is cumulative.
The authority granted
to the city by this section is in addition to the city’s authority
to require remediation by the owner, lienholder or mortgagee pursuant
to other provisions of this article or its authority to impose civil
penalties or criminal sanctions.
(Ordinance 325, sec. 1, adopted 5/19/16)
The provisions of this article shall be applicable to all property
that has been bid off to the city under Texas Tax Code section 34.01(j)
so that the city, subject to the limitations set forth in this article
and in applicable law, shall have the authority to require the vacation
or relocation of occupants and the securing, repair, removal and demolition
of buildings or structures located on such property and may assess
a lien for its expenses in doing so.
(Ordinance 325, sec. 1, adopted 5/19/16)
In addition to the remedies which the city has pursuant to other
provisions of this article, the city may bring a civil action pursuant
to subchapter B of chapter 54 of the Texas Local Government Code with
respect to violations of this article. In any such civil action the
city may ask for injunctive relief, the assessment of a civil penalty,
an order compelling the repair or demolition of a building or structure,
the recovery of its costs in enforcing the provisions of this article
and in bringing any such civil action, and any other relief that it
may be entitled to request under applicable law.
(Ordinance 325, sec. 1, adopted 5/19/16)
