(a)
Purpose.
It is the purpose of this article to implement
the provisions of chapter 214 of the Texas Local Government Code and
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,
or International Property Maintenance 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 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
ordinance and may be cited and referred to as such.
(Ordinance 804-2021 adopted 2/23/21)
Any structure used or intended for supporting or sheltering
any use or occupancy as well as any fence, awning, canopy, sign, shed,
garage, house, tent or other structure whatsoever.
The zoning board of adjustment of the city, which in addition
to other duties imposed upon it by law, is hereby authorized to act
to carry out all duties necessary to implement the provisions of this
article.
The building code applicable to the structure in question,
as adopted and amended by the city.
The person designated by the city manager to enforce this
article.
The City of Joshua, Texas.
The code of ordinances of the City of Joshua, Texas.
The city manager of the City of Joshua, Texas.
Any enclosed space wholly or partly used or intended to be
used for human habitation, living, sleeping, cooking, and eating and
shall include any outhouse or appurtenance belonging thereto. Industrialized
housing and modular construction which conform to nationally accepted
industry standards, as defined by HUD and used or intended for use
for living, sleeping, cooking, and eating purposes shall be classified
as dwellings.
A room or group of rooms located within a dwelling forming
a single habitable unit with facilities used or intended to be used
by a single family for human occupancy such as living, sleeping, cooking,
and eating purposes.
The electrical code applicable to the structure in question,
as adopted and amended by the city.
The fire chief of the City of Joshua, Texas.
The fire code applicable to the structure in question, as
adopted and amended by the city.
The fire marshal of the City of Joshua, Texas.
The housing code applicable to the structure in question,
as adopted by the city.
The mechanical code applicable to the structure in question,
as adopted and amended by the city.
Any person who, alone, or jointly or severally with others:
Has legal title to any premise, dwelling or dwelling unit, with
or without actual possession thereof; or
Has charge, care, custody or control of any premise, dwelling
or dwelling unit, as owner or agent of the owner, or an executor,
administrator, trustee, or guardian of the estate of the owner. Any
such person thus representing the actual owner shall be bound to comply
with the provisions of this article and the rules and regulations
adopted pursuant thereto, to the same extent as if he were the owner.
Where owners are siblings, relatives or family members, not individually
identified on any legal document of record, after a due diligence
search as provided herein, notice to one owner shall be deemed notice
to all owners.
The plumbing code applicable to the structure in question,
as adopted and amended by the city.
Any dwelling, dwelling unit, building or other structure
which has any or all or the defects and deficiencies as defined herein.
Additionally, the definitions contained in chapter 2, sections 201 and 202 of the 2015 International Property Maintenance Code, promulgated by the International Code Council, are hereby adopted for the implementation of this article.
(Ordinance 804-2021 adopted 2/23/21)
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 804-2021 adopted 2/23/21)
(a)
Generally.
(1)
Authority of building official.
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)
Authority to make inspections and take other actions.
The building official, the fire chief or their designees, or other
designee of the city manager, is 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 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, 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)
Dangerous or substandard buildings declared nuisance.
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)
Violations.
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)
Inspections.
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 804-2021 adopted 2/23/21)
(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:
(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, life safety code, plumbing code,
mechanical code, electrical code, housing 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 or 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 wind or earthquakes than is required in the case
of similar new construction.
(8)
Whenever the building, or any portion thereof, because of dilapidation,
deterioration or decay; faulty construction; the removal, movement
or instability of any portion of the ground necessary for the purpose
of supporting such building; the deterioration, decay or inadequacy
of its foundation; or 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 plumb line 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 an attractive nuisance to children, or 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, 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 strength, fire-resisting
qualities or characteristics, or 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 the city code, the
building code, or the housing code.
(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 2015 edition of the International Property Maintenance Code, published by the International Code Council, Inc., attached to Ordinance 653-2016 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 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.
(Ordinance 804-2021 adopted 2/23/21)
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 owner that the building is substandard and must be repaired,
listing the deficiencies, or issue notice to the record owner that
the building is substandard and the nature and/or extent of the deficiencies
make repair infeasible and the building must be demolished;
(2)
Issue
citation(s) for violation(s) of this article;
(3)
Secure the building if permitted by section 3.03.013(a); or
(Ordinance 804-2021 adopted 2/23/21)
(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 required.
A public hearing before the board shall be held to determine whether a building complies with the standards set out in section 3.03.005.
(c)
Notice.
(1)
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 all known owners, lienholders, and mortgagees of the building
as provided for herein. The notice shall contain:
(A)
The name and address of the owner of record;
(B)
The street address or legal description sufficient for identification
of the premises upon which the building is located;
(C)
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 3.03.005;
(D)
A statement of the action recommended to be taken, as determined
by the building official;
(E)
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;
(F)
Notice of the time and place of the public hearing; and
(G)
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.
(2)
Notice shall be served upon the building’s owner, lessor, lienholder,
and mortgagees of record and occupant, if different than the owner
of the building. Service of these notices shall be made upon all persons
entitled thereto either personally or by mailing a copy of such notice
by certified mail, return receipt requested, and an optional second
copy by regular mail, to each such person at his address as it appears
on the county tax rolls, or as discovered by due diligence, as defined
by subsections (c)(2)(a)–(c)(2)(f) of this section, and the
notice shall be posted on the front door of each improvement situated
on the affected property or as close to the front door as practical.
The following of these procedures shall be prima facie evidence of
notification. If a certified notice is returned as refused or unclaimed,
the validity of the notice is not affected, and the notice shall be
deemed delivered. The city has satisfied the requirements of this
section to make a diligent effort to determine the identity and address
of an owner, a lienholder, or a mortgagee if the city searches the
following records:
(A)
County real property records of the county in which the building
is located;
(B)
Appraisal district records of the appraisal district in which the
building is located;
(C)
Records of the secretary of state;
(D)
Assumed name records of the county in which the building is located;
(E)
City tax records; and
(F)
City utility records.
(d)
Filing of notice.
A copy of the notice and any administrative
orders, or such orders as may be issued pursuant to these provisions,
shall be filed with the county deed records in the county where the
property is located. The notice must contain the name and address
of the owner of the affected property if that information can be determined
from a reasonable search of the instruments on file in the office
of the county clerk, or upon a due diligence search as set forth herein,
a legal description of the affected property, and a description of
the proceeding. The filing of said notice and any said orders, is
binding on subsequent grantees, lienholders, or other transferees
of an interest in the property who acquire such interest after the
filing of said notice or any said orders, and constitutes notice of
said hearing and notice of any said orders, on any subsequent recipient
of any interest in the property who acquires such interest after the
filing of said notice or filing of any said orders.
(e)
Burden of proof.
At the public hearing, the owner, lienholder
and mortgagee have the burden of proof to establish the scope of any
work that may be required to comply with this article, the time it
will take to reasonably perform the work, and the financial ability
and willingness of the owner, lienholder and/or mortgagee to perform
the work with diligence and dispatch.
(f)
Conduct of hearing.
At an officially convened meeting,
the board of appeals shall hold a public hearing, during which 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; provided, however, that the board shall not consider
evidence as to the existence or extent of any deficiencies or code
violations which were not identified in the notice to the record owner
described in this section. The chairman of the board, or, in his/her
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 804-2021 adopted 2/23/21)
(a)
Findings of board.
(1)
No violation.
If the board, by a majority vote, finds upon evidence presented at the public hearing that the building is not in violation of standards set out in section 3.03.005, the board shall order that the enforcement action cease; provided, however, that such order shall neither prevent the building official from instituting a new enforcement action for other violations the building official alleges have been determined to exist, nor shall such order prevent the building official from instituting a new enforcement action for the same violations if the building official later determines that the conditions as determined by the board have materially changed as to such violations.
(2)
Violations may be repaired.
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 3.03.005, that such conditions can reasonably be remedied by repair within a reasonable time, and that the owner, lienholder, or mortgagee is financially able and is willing to conduct or cause such repairs to be made within a reasonable time, the board shall identify the specific violations found to exist, and order that the owner, mortgagee or lienholder repair such violations, and, if necessary to the public safety, vacate, secure, or relocate the occupants, at the cost of the owner, lienholders, or mortgagees, within such reasonable times as determined by the board to be appropriate, as provided herein.
(3)
Violations, building must be demolished.
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 3.03.005, and that such conditions cannot reasonably be remedied by repair, or that neither the owner, the lienholder, nor the mortgagee are financially able or willing to conduct or cause such repairs to be made within a reasonable time, the board shall identify the specific violations found to exist, and order that the owner, mortgagee or lienholder remove or demolish the structure, and, if necessary to the public safety, vacate, secure, or relocate the occupants, at the cost of the owner, lienholders, or mortgagees, within such reasonable times as determined by the board to be appropriate, as provided herein, or order such other relief as is permitted by this section.
(b)
Time allowed to complete work.
(1)
Unless the owner, lienholder, or mortgagee establishes at the hearing
that the work cannot reasonably be performed within thirty (30) days,
the order shall require the owner, lienholder or mortgagee of the
building to, within thirty (30) days, and the lienholder or mortgagee
to within an additional thirty (30) days if the owner does not comply,
take one or more of the following actions:
(2)
If the owner, lienholder, or mortgagee establishes at the hearing
that the work cannot reasonably be performed within thirty (30) days
and 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 as the board determines are
appropriate 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.
(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:
(A)
To 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 one hundred thousand dollars ($100,000.00), to post cash or
a surety bond or letter of credit or third party guarantee to cover
the cost of the work ordered by the board.
(c)
Contents of order.
The order of the board must contain
at a 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 each violation of minimum standards present at the
building;
(3)
A description of each 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; and
(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.
(Ordinance 804-2021 adopted 2/23/21)
(a)
Mailing of order.
After the public hearing, the building
official shall promptly send by certified mail, return receipt requested,
signature confirmation through the United States Postal Service, or
personal delivery, a copy of the order to the owner and to any lienholder
or mortgagee of the building, as determined by through the city’s
best efforts. For purposes of this section, the city has used its
best, reasonable, or diligent effort if it has searched the county
real property and assumed name records, appraisal district records,
records of the secretary of state, and the city’s tax and utility
records. If the notice is mailed, and if the United States postal
service returns the notice as “refused” or “unclaimed,”
the notice is deemed delivered.
(b)
Filing of order 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)
Publication.
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 804-2021 adopted 2/23/21)
(a)
Conditions for abatement by city.
If the order is not
complied with, the city may take action as provided herein. If the
building is not vacated, secured, repaired, removed or demolished
within the time specified by the order, the city may vacate, secure,
remove or demolish the building or relocate the occupants at its own
expense; provided, however:
(1)
Except as expressly provided otherwise in this article, the city
may not act to remove or demolish a building until after the board
has found 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 either that:
(2)
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 section 3.03.008(b)(4) of this article.
(b)
Posting of notice to vacate building.
If the order requires
vacation or if compliance is not had with the order within the time
specified therein, the building official is authorized to require
that the building be vacated. Notice to vacate shall be mailed by
certified mail, return receipt requested, to the occupant of the building,
and it shall be posted at or upon each entrance to the building and
shall be in substantially the following form:
|
“SUBSTANDARD BUILDING
|
|
DO NOT ENTER
|
|
UNSAFE TO OCCUPY
|
|
It is a misdemeanor to occupy this building or to remove or
deface this notice.
|
|
___________________
Building Official
City of Joshua”
|
(c)
Procedures for remedial action by city.
Any demolition
work, or securing of the building, shall be accomplished and the cost
thereof paid and recovered in the manner hereinafter provided.
(d)
Failure to obey order.
Any person to whom an order pursuant to section 3.03.008 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 provisions
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)
Permits 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 804-2021 adopted 2/23/21)
(a)
Procedure.
When any work of 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)
Payment of costs.
The cost of such work shall be paid
from city funds and shall constitute 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.
(Ordinance 804-2021 adopted 2/23/21)
(a)
Filing of itemized account and notice of lien.
The building
official shall keep an itemized account of the expenses incurred by
the city in the vacating, securing, 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)
Filing of notice 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 are located.
(c)
Costs to be 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)
Status of lien.
Upon filing of the notice of lien in
the deed records of Johnson 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. However, real property protected
by the Texas Constitution as a homestead shall not be subject to assessment
of liens resulting in expenses involved in the vacating, removal,
demolition, or in securing a building or lot as described herein.
(e)
Denial of services and permits.
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 Johnson County, Texas.
(Ordinance 804-2021 adopted 2/23/21)
(a)
Definitions.
(1)
An unsecured structure is hereby defined to be any structure or building
that currently has no occupant with the right of possession of the
building and which has missing or unlocked doors or windows, or other
unsecured openings into the building through which unauthorized persons
can enter. Any unoccupied, unsecured structure or building is hereby
declared to be a danger to public health and safety and is hereby
declared to be a public nuisance.
(2)
An unoccupied structure is hereby defined to be any structure or
building that appears vacant or abandoned as evidenced by: no active
utility accounts, absence of personalty, general conditions of neglect
and any other substantiated evidece of vacancy or abandonment that
may be presented by the city manager, or his designee.
(b)
Securing of unoccupied substandard building.
Notwithstanding
any other provisions of this article, the city may secure a building
if the building official determines:
(c)
Service of notice.
Before the eleventh (11th) day after the date the building is secured pursuant to subsection (b) above, the building official shall give notice to the owner by:
(1)
Personally serving the owner with written notice;
(2)
Sending a copy of the notice certified mail, return receipt requested,
and an optional copy by regular mail, at the owner’s post office
or physical address;
(3)
Publishing the notice at least twice within a ten-day period in the
city’s official newspaper, if personal service cannot be obtained
and the owner’s post office or physical 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 or physical
address is unknown.
(d)
Contents of 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 each violation of the minimum standards present
at 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 subsection (c) above; and
(4)
An explanation of the owner’s entitlement to request a hearing
about any matter relating to the city’s vacating, securing,
removal, or demolishing 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
of the building, if, within thirty (30) days after the date the city
has secured the building, 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)
Method of securing.
The securing of windows, doors,
or any other opening allowing access to an unsecured unoccupied building
shall be done with such material and in such a fashion as to effectively
bar entrance to the structure including, but not limited to, plywood,
lumber, steel, replacement glass, nails, screws, and bolts. The use
of cardboard, tar paper, window and door screens or any other material
that will not effectively prevent entrance shall not be deemed sufficient
in securing a structure.
(g)
Lien for city’s costs.
If the city incurs expenses under this section, 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 3.03.012 of this article. However, real property protected by the Texas Constitution as a homestead shall not be subject to assessment of liens resulting in expenses involved in the vacating, removal, demolition, or in securing a building or lot as described herein.
(h)
Violation of order.
It shall be unlawful to fail to
comply with an order issued pursuant to this section.
(Ordinance 804-2021 adopted 2/23/21)
(a)
Authorized; procedure.
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 3.03.008 of this article.
(b)
Showing required.
The civil penalty may be assessed
if it shown at the administrative hearing that:
(1)
The property owner was notified of the contents of the order issued pursuant to section 3.03.008 of this article; and
(2)
After having received notice of the contents of the order, the property
owner committed an act in violation of the order or failed to take
an action necessary for compliance with the order.
(c)
Amount.
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 hearing.
Not less than ten (10) days prior
to the date on which the administrative hearing is set to assess a
civil penalty, 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 owner’s 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)
Filing of copy of order.
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 804-2021 adopted 2/23/21)
In accordance with section 214.0012 of the Local Government
Code, any owner, lienholder, or mortgagee of record of a building
for which an order is issued by the city may, within thirty (30) calendar
days after the order is mailed to them, appeal the order by filing
a verified petition in district court stating that the decision is
illegal, either in whole or in part, and specifying the grounds for
the illegality. The petitioner shall provide the city with evidence
that an appeal has been made to district court within thirty (30)
days.
(Ordinance 804-2021 adopted 2/23/21)
