(a) Purpose.
It is the purpose of this article to provide
a just, equitable and practical method, to be cumulative with and
in addition to any other remedy provided by the residential code,
building code, electrical code, fire code, mechanical code, plumbing
code, property maintenance code, or chapter 214 of the Texas Local
Government Code, or otherwise available at law, whereby buildings,
as defined herein, which from any cause endanger the life, limb, health,
property, safety, morals 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,
whether now in existence or whether they may hereafter become dangerous
or substandard.
(Ordinance 1042 adopted 5/12/15; 2004 Code, sec. 3.201)
Building.
Includes any building, fence, awning, canopy, sign, shed,
garage, house, tent or other structure whatsoever. The enumeration
of specific types of structures shall not be deemed to exclude other
types of structures to which the sense and meaning of the provisions
hereof in context reasonably have application.
Building code.
The International Building Code, as adopted and amended by
the city.
Building official.
The building official of the city or other designee of the
administrator.
Electrical code.
The National Electrical Code, as adopted and amended by the
city.
Fire code.
The International Fire Code, as adopted and amended by the
city.
Mechanical code.
The International Mechanical Code, as adopted and amended
by the city.
Person.
Any individual, proprietorship, corporation, firm, association,
or other legal entity.
Plumbing code.
The International Plumbing Code, as adopted and amended by
the city.
Residential code.
The International Residential Code, as adopted and amended
by the city.
(Ordinance 1042 adopted 5/12/15; 2004 Code, sec. 3.202)
(a) Generally.
(1) Administration.
The building official is hereby authorized
to enforce the provisions of this article. The building official shall
have the power to render interpretations of this article. Such interpretations
shall be in conformity with the intent and purpose of this article.
(2) Inspections.
The building official and the fire marshal
are hereby authorized to make such inspections and take such further
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
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 and his designated assistants
may enter the building or premises at reasonable times to inspect
or perform the duties imposed by this article; provided that, if such
building or premises be occupied, that credentials be presented to
the occupant and entry requested. If such building or premises are
unoccupied, the building official or his designee shall first make
a reasonable effort to locate the owner or other person having charge
or control of the building or premises and request entry. If entry
is refused, the building official shall have recourse to the remedies
provided by law to secure entry.
(b) Abatement of dangerous or substandard buildings.
All
buildings or portions thereof which are determined after inspection
by the building official to be dangerous or substandard as defined
by this article are hereby declared to be public nuisances and shall
be abated by repair, vacation, demolition, removal or securing in
accordance with the procedures specified in this article.
(c) Unlawful to violate article.
It shall be unlawful for
any person to erect, construct, use, occupy or maintain any building
that is deemed herein to be a nuisance or cause or permit the same
to be done in violation of this article.
(d) Inspection authorized.
All buildings within the scope
of this article and all construction or work for which a permit is
required shall be subject to inspection by the building official.
(Ordinance 1042 adopted 5/12/15; 2004 Code, sec. 3.203)
(a) For
the purposes of this article, any building, regardless of the date
of its construction, which has any or all of the conditions or defects
hereinafter described shall be deemed to be a substandard building,
and a nuisance:
(1) Whenever any building is dilapidated, substandard, or unfit for human
habitation and a hazard to the public health, safety and welfare in
the opinion of the building official.
(2) Whenever any building, regardless of its structural condition, is
unoccupied by its owners, lessees or other invitees and is unsecured
from unauthorized entry to the extent that it could be entered or
used by vagrants or other uninvited persons as a place of harborage
or could be entered or used by children.
(3) Any building that is boarded up, fenced or otherwise secured in any
manner if:
(A) The building constitutes a danger to the public even though secured
from entry; or
(B) The means used to secure the building are inadequate to prevent unauthorized
entry or use of the building.
(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 create a public
nuisance known under 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 make such building or
portion thereof an attractive nuisance or hazard to the public.
(8) Any building existing in violation of any provision of the residential
code, building code, fire code, plumbing code, mechanical code, electrical
code, or 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, morals or welfare of the public or the occupants
of the building 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 of the building has been damaged by fire, earthquake,
wind, flood or by any other cause, to such an extent that the structural
strength or stability thereof is materially less than it was before
such catastrophe and is less than the minimum requirements of the
building code for new buildings of similar structure, purpose or location.
(5) Whenever any portion or member or appurtenance thereof is likely
to fail, or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
(6) Whenever any portion of a building, or any member, appurtenance or
ornamentation on the exterior thereof, is not of sufficient strength
or stability, or is not so anchored, attached or fastened in place,
so as to be capable of resisting a wind pressure of one-half of that
specified in the building code for new buildings of similar structure,
purpose or location without exceeding the working stresses permitted
in the building code for such buildings.
(7) Whenever any portion of a building has wracked, warped, buckled or
settled to such an extent that walls or other structural portions
have materially less resistance to winds or earthquakes than is required
in the case of similar new construction.
(8) Whenever the building, or any portion thereof, is likely to partially
or completely collapse because of:
(A) Dilapidation, deterioration or decay;
(C) The removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building;
(D) The deterioration, decay or inadequacy of its foundation; or
(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 percent or more damage or deterioration of its non-supporting
members, enclosing or outside walls or coverings.
(12) Whenever the building has been so damaged by fire, wind, earthquake,
flood or any other cause, or has become so dilapidated or deteriorated,
as to become:
(A) An attractive nuisance to children; or
(B) A harbor for vagrants, criminals or immoral persons.
(13) Whenever any building has been constructed, exists or is maintained
in violation of any specific requirement or prohibition applicable
to such building provided by the building code, or of any law or ordinance
of this state or city 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 non-supporting 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 this code or the
building 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 a required sewage disposal system.
(O) Lack of adequate garbage and rubbish storage and removal facilities.
(P) Accumulation of animal or human urine or feces, mold, or any condition
that could likely harbor or spread disease.
(c) For purposes of this article, any building, regardless of its date of construction, which exists in violation of chapters
3 through
7 of the property maintenance code, or similar provisions in any later version of the property maintenance code which may hereafter be adopted or amended by the city, 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 1042 adopted 5/12/15; 2004 Code, sec. 3.204)
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 deems appropriate:
(1) Issue
notice to the record 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 that the nature and/or
the extent of the deficiencies make repair infeasible, so that the
building must be demolished, listing the deficiencies;
(2) Issue
citation(s) for violation(s) of this article;
(4) Recommend to the board that abatement proceedings be commenced pursuant to section
3.05.006 below.
(Ordinance 1042 adopted 5/12/15; 2004 Code, sec. 3.205)
(a) Commencement of proceedings.
When the building official
has found and determined that a building is a substandard building,
the building official may commence proceedings to cause the repair,
vacation, relocation of occupants, removal, demolition or securing
of the building.
(b) Public hearing to be held.
Except when the building official finds that a building is likely to immediately endanger persons or property, a public hearing before the board shall be held to determine whether a building complies with the standards set out in section
3.05.004 above. If the building official determines that the building constitutes an immediate danger, the procedures set forth in section
3.05.012(b) shall be followed.
(c) Notice.
Not less than ten days prior to the date on
which the hearing is set, the building official shall issue a notice
of the public hearing directed to the record owner of the building
and to all mortgagees and lienholders. The city shall use diligent
efforts to determine the identity and address of any owner, lienholder
or mortgagee of the building through search of the county real property
records, appraisal district records, records of the secretary of state,
assumed name records of the county, tax records of the city, and utility
records of the city. The notice shall contain:
(1) The name and address of the record owner.
(2) The street address or legal description sufficient for identification
of the premises upon which the building is located.
(3) A statement that the building official has found the building to be substandard or dangerous, with a brief and concise description of the conditions found to render the building dangerous or substandard under the provisions of section
3.05.004 above.
(4) A statement that the owner, lienholder, or mortgagee will be required
to submit at the hearing proof of the scope of any work that may be
required to comply with this article, and the time it will take to
reasonably perform the work.
(5) Notice of the time and place of the public hearing.
(6) A statement that, if the building is found to be in violation of
this article, the board may order that the building be vacated, secured,
repaired, removed or demolished within a reasonable time.
(d) Additional notice of public hearing.
Prior to the public hearing, the city may file a copy of the notice mailed pursuant to subsection
(c) above in the official public records of real property in the county.
(e) Burden of proof.
At the public hearing, the city has
the burden of proof to establish that the building or structure at
issue is not in compliance with applicable city codes, and is substandard
as defined by this article, and to identify the specific deficiencies
or code violations; and 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 public hearing.
At the public hearing, the
owner of the building, and all other interested persons, may make
their appearance and be heard. Any evidence may be received and considered
by the board; 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 hearing may be adjourned from day to
day or continued upon a majority vote of the board.
(Ordinance 1042 adopted 5/12/15; 2004 Code, sec. 3.206)
(a) Findings of board.
(1) 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
3.05.004, 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) 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
3.05.004, 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 and/or lienholder repair such violations, and, if necessary to the public safety, vacate, secure, or relocate the occupants, within such reasonable times as determined by the board to be appropriate, as provided herein.
(3) 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
3.05.004, and that such conditions cannot reasonably be remedied by repair, or that neither the owner, 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 building, and, if necessary to the public safety, vacate and secure the building and/or relocate the occupants, 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 article.
(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 30 days, the order
shall require the owner, lienholder or mortgagee of the building to,
within 30 days, take one or more of the following actions:
(B) Secure the building from unauthorized entry;
(C) Repair the violations; or
(D) Remove or demolish the building.
(2) If the owner, lienholder, or mortgagee establishes at the hearing
that the work cannot reasonably be performed within 30 days, and the
board allows the owner, lienholder or mortgagee more than 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
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:
(A) Submits a detailed plan and time schedule for the work at the hearing;
and
(B) Establishes at the hearing that the work cannot be reasonably completed
within 90 days because of the scope and complexity of the work.
(4) If the board allows the owner, lienholder or mortgagee more than
90 days to complete any part of the work required to repair, remove
or demolish the building, the board shall require the owner, lienholder
or mortgagee to regularly submit progress reports to the building
official to demonstrate that the owner, lienholder or mortgagee has
complied with the time schedules established for commencement and
performance of the work. The order may require that the owner, lienholder
or mortgagee appear before the board or the building official to:
(A) Demonstrate compliance with the time schedules; and
(B) If the owner, lienholder or mortgagee owns property, including structures
and improvements on property, within the city’s boundaries of
a value that exceeds $100,000.00, to post cash, a surety bond, a letter
of credit or third-party guaranty to cover the cost of the work ordered
by the board.
(c) Contents of order.
The order of the board must contain
at minimum:
(1) An identification, which is not required to be a legal description,
of the building and the property on which it is located;
(2) A description of each violation of minimum standards present in 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, the building 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 costs
of such actions to the owner, and impose a lien against the property
for all such costs; and
(5) If the board has determined that the building will endanger persons
or property and that the building is a dwelling with ten or fewer
dwelling units, a statement that the city may repair the building
and charge the costs to the to the owner, and impose a lien against
the property if the ordered action is not taken within the time allowed.
(Ordinance 1042 adopted 5/12/15; 2004 Code, sec. 3.207)
(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 manager or his/her designee.
Within ten 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 manager or his/her designee.
(c) Order shall be published.
Within ten 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:
(1) The street address or legal description of the property;
(2) The date the hearing was held;
(3) A brief statement indicating the results of the order; and
(4) Instructions stating where a complete copy of the order may be obtained.
(Ordinance 1042 adopted 5/12/15; 2004 Code, sec. 3.208; Ordinance adopting 2021 Code)
(a) Generally.
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, repair, remove or demolish the building or relocate the occupants at its own expense; provided, however, that remedial action by the city does not limit the ability of the city to collect on a bond or other financial guarantee that may be required by section
3.05.007(b)(4) of this article.
(b) Posting of notice to vacate building.
If the order requires
vacation and 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 Lake Worth
|
(c) Remedial action by city.
Any repair, demolition work,
or securing of the building shall be accomplished and the cost thereof
paid and recovered in the manner hereinafter provided. Any surplus
realized from the sale of such building, or from the demolition thereof,
over and above the cost of demolition and cleaning of the lot, shall
be paid to the person or persons lawfully entitled thereto.
(d) Failure to obey order.
Any person to whom an order pursuant to section
3.05.007 is directed who fails, neglects or refuses to comply with such order shall be guilty of a misdemeanor and may be prosecuted in municipal court in addition to any other remedies available to the city provided herein.
(e) Interference prohibited.
No person shall obstruct, impede
or interfere with any officer, employee, contractor or authorized
representative of the city or with any person who owns or holds any
estate or interest in the building which has been ordered repaired,
vacated, demolished, removed or secured under the provisions of this
article, or with any person to whom such building has been lawfully
sold pursuant to the provisions of this article, whenever such officer,
employee, contractor or authorized representative of the city, person
having an interest or estate in such building, or purchaser is engaged
in the work of repairing, vacating and repairing, or demolishing,
removing or securing any such building pursuant to the 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) Permit required.
Any work of securing, 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 1042 adopted 5/12/15; 2004 Code, sec. 3.209)
(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 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) Repair to minimum standards only.
In the event repair
by the city is permitted by this article, the city may repair the
building at its own expense and assess the expenses on the land on
which the building stands or is attached to only to the extent necessary
to bring the building into compliance with minimum standards.
(Ordinance 1042 adopted 5/12/15; 2004 Code, sec. 3.210)
(a) Payment of costs.
The cost of any work to repair, remove,
demolish, or secure a building shall be paid from city funds and shall
constitute a special assessment and a lien against such property to
secure payment thereof, together with ten percent interest on such
amount from the date on which the work is performed; provided, however,
that no lien may be filed against a homestead protected by the state
constitution.
(b) 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 manager or his/her designee 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.
(c) Filing of notice in county records.
The city manager
or his/her designee shall file the notice of lien along with a copy
of the order of abatement issued by the board in the official public
records of real property in the county.
(d) 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.
(e) Lien shall be valid and privileged.
Upon filing of the
notice of lien in the official public records of real property in
the county, 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.
(f) 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.
(g) 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 per annum from the
date the work was performed, the building official shall execute a
release of lien, which shall be filed in the official public records
of real property in the county.
(Ordinance 1042 adopted 5/12/15; 2004 Code, sec. 3.211; Ordinance adopting 2021 Code)
(a) Securing of unoccupied substandard building.
Notwithstanding
any other provisions of this article, the city may secure a building
if the building official determines:
(1) That the building violates the minimum standards set forth in this
article; and
(2) That the building is unoccupied or is occupied only by persons who
do not have the right of possession of the building.
(b) Building creating immediate danger.
Notwithstanding
any other provisions of this article, if the building official finds
that a building is likely to immediately endanger persons or property
the building official may:
(1) Order the owner of the building, or the owner or occupant of the
property on which the building is located, to repair, remove, or demolish
the building, or the dangerous part of the building, within a specified
time; or
(2) Repair, remove, or demolish the building, or the dangerous part of
the building, at the expense of the city, on behalf of the owner of
the building or the owner of the property on which the building is
located, and assess the repair, removal, or demolition expenses on
the property on which the building was located.
(c) Notice of action.
(1) Before the 11th day after the date the building is secured pursuant to subsection
(a) above, or action is ordered pursuant to subsection
(b)(1) above, or the building is repaired, removed or demolished pursuant to subsection
(b)(2) above, the building official shall give notice to the owner by:
(A) Personally serving the owner with written notice; or
(B) Depositing the notice in the United States mail addressed to the
owner at the owner’s post office address, or if personal service
cannot be obtained and the owner’s post office address is unknown,
by:
(i)
Publishing the notice at least twice within a ten-day period
in a newspaper of general circulation in the county; and
(ii)
Posting the notice on or near the front door of the building
if personal service cannot be obtained and the owner’s post
office address is unknown; and
(2) In addition to the above, the building official shall deposit notice
in the United States mail to all lienholders and mortgagees who can
be determined from a reasonable search of instruments on file in the
office of the county clerk.
(d) 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 of the violations of the minimum standards
present in the building;
(3) A statement that the city will secure or has secured, as the case may be, the building, or that the city has taken or will take the action ordered pursuant to subsection
(b) above;
(4) An explanation of the owner’s entitlement to request a hearing
about any matter relating to the city’s securing, removing,
demolishing or repairing of the building.
(e) Hearing.
The board shall conduct a hearing at which the owner, lienholder and mortgagee may testify or present witnesses or written information about any matter relating to the city’s securing, repairing, removing or demolishing of the building, if, within 30 days after the date the city has taken action pursuant to subsection
(a) or
(b) above, the owner, lienholder or mortgagee files with the city a written request for the hearing. The hearing shall be conducted within 20 days after the date the request is filed.
(f) Lien.
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
3.05.011 of this article.
(g) Violation.
It shall be unlawful to fail to comply with
an order issued pursuant to this section.
(Ordinance 1042 adopted 5/12/15; 2004 Code, sec. 3.212)
(a) Unsanitary conditions creating danger.
Notwithstanding
any other provisions of this article, if the building official determines
that the interior of a building is in such an unsanitary condition
as to be unfit for human occupancy because of trash, garbage, filth,
vermin or rat infestation, an accumulation of animal or human urine
or feces, mold, any condition that could likely harbor or spread disease,
or any other condition that is to likely to endanger the health and
safety of occupants or citizens of the city, then the building official
shall order the building immediately vacated and secured from entry
and occupation.
(b) Notice of hearing.
At the time a building is vacated pursuant to this section, the building official shall personally serve all occupants with written notice of a right to request a hearing with the city manager or his/her designee. The city manager or his/her designee shall conduct a hearing at which the occupant or the occupant’s representative may testify or present witnesses or written information about any matter relating to the city’s vacating and securing of the building, if, within 30 days after the date the city has taken action pursuant to subsection
(a) above, the occupant or the occupant’s representative files with the city manager or his/her designee’s office a written request for the hearing. Written requests for a hearing may only be filed Monday through Thursday during normal city business hours, and the hearing shall be conducted within 24 hours after the date the written request is filed. The city manager or his/her designee will preside over the hearing; however, in the event the city manager or his/her designee is unable to preside, the assistant city manager shall preside.
(c) Hearing.
After considering all information and facts
presented, the city manager or his replacement shall make a determination
and issue an order instructing the building official to do any of
the following:
(1) Reverse the order to vacate and secure the building.
(2) Modify the duration of the order to vacate and secure if the occupant
or the occupant’s representative provides evidence that the
interior of a building can be brought into compliance with the minimum
standards of this article.
(3) Continue to enforce the order vacating and securing the building
until a hearing is set with the board.
(4) Initiate proceedings pursuant to section
3.05.006 of this article.
(d) Violation.
It shall be unlawful to fail to comply with
an order issued pursuant to this section.
(Ordinance 1042 adopted 5/12/15; 2004 Code, sec. 3.213; Ordinance adopting 2021 Code)
(a) Any
owner, lienholder, or mortgagee jointly or severally aggrieved by
a board order issued under this article may file in district court
a verified petition setting forth that the order is illegal, in whole
or in part, and specifying the grounds of the illegality. The petition
must be filed by an owner, lienholder, or mortgagee within 30 calendar
days after the respective dates a copy of the final order of the board
is mailed to them by certified mail with return receipt requested,
or such order shall become final as to each of them upon the expiration
of each such 30-calendar-day period.
(b) On
the filing of the petition, the court may issue a writ of certiorari
directed to the city to review the order of the board and shall prescribe
in the writ the time within which a return on the writ must be made,
which must be longer than 10 days, and served on the relator or the
relator’s attorney.
(c) The
city may not be required to return the original papers acted on by
it, but it is sufficient for the city to return certified or sworn
copies of the papers or of parts of the papers as may be called for
by the writ.
(d) The
return must concisely set forth other facts as may be pertinent and
material to show the grounds of the order appealed from and shall
be verified.
(e) The
issuance of the writ does not stay proceedings on the order appealed
from.
(f) Appeal
in the district court shall be by trial de novo. The court may reverse
or affirm, in whole or in part, or may modify the order brought up
for review.
(g) Costs
may not be allowed against the city.
(h) If
the order of the board is affirmed or not substantially reversed but
only modified, the district court shall allow the city all attorney’s
fees and other costs and expenses incurred by it and shall enter a
judgment for those items, which may be entered against the property
owners, lienholders, or mortgagees as well as all persons subject
to the proceedings before the board.
(Ordinance 1042 adopted 5/12/15; 2004 Code, sec. 3.214)
(a) Civil penalty authorized.
In addition to any other enforcement authority provided for by law, the board may, by order, approved after a 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
3.05.007 of this article.
(b) Showing required.
The civil penalty may be assessed
if it shown at the hearing that:
(1) The property owner was notified of the contents of the order issued pursuant to section
3.05.007 of this article; and
(2) 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 of penalty.
The civil penalty may be assessed
in an amount not to exceed $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 hearing.
Not less than ten days prior to the
date on which the hearing is set, the property owner shall be sent
a notice of the hearing by certified mail/return receipt requested.
The notice shall contain:
(1) A copy of the order issued by the board pursuant to section
3.05.007 of this article;
(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, together with
a description of the acts that violated the order, or a description
of what actions the owner failed to take that were necessary for compliance
with the order;
(3) A statement that at the hearing the board may assess a civil penalty
not to exceed $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 $10.00 per day for each violation; and
(4) Notice of the time and place of the hearing.
(e) Filing of copy of order with district clerk.
If a civil
penalty is assessed, the city manager or his/her designee shall file
with the district clerk of the county in which the property is located,
a certified copy of the order assessing the civil penalty stating
the amount and duration of the penalty.
(f) Enforcement.
The civil penalty may be enforced by the
city in a suit brought by the city in a court of competent jurisdiction
for a final judgment in accordance with the assessed penalty. A civil
penalty under this subsection is final and binding and constitutes
prima facie evidence of the penalty in any suit.
(Ordinance 1042 adopted 5/12/15; 2004 Code, sec. 3.215; Ordinance adopting 2021 Code)
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 1042 adopted 5/12/15; 2004 Code, sec. 3.216)