The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Responsible party.
The owner, occupant or person in custody of the building or structure.
Unsafe building.
(1) 
Any building or structure in or about which any or all of the following conditions exist:
(A) 
Walls or other vertical structural members list, lean or buckle.
(B) 
Damage or deterioration exists to the extent that the building is unsafe.
(C) 
Loads on floors or roofs are improperly distributed or the floors or roofs are of insufficient strength to be reasonably safe for purposes used.
(D) 
Damage by fire, wind, or other cause has rendered the building or structure dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the city.
(E) 
The building or structure is so dilapidated, substandard, decayed, unsafe, unsanitary, or otherwise lacking in the amenities essential to decent living that the same is unfit for human habitation or is likely to cause sickness, disease or injury or otherwise to constitute a detriment to the health, morals, safety, or general welfare of those persons assembled, working, or living therein or is a hazard to the public health, safety and welfare.
(F) 
Light, air, and sanitation facilities are inadequate to protect the health, morals, safety, or general welfare of persons who assemble, work or live therein.
(G) 
Stairways, fire escapes, and other facilities of egress in case of fire or panic are inadequate.
(H) 
Parts or appendages of the building or structure are so attached that they are likely to fall and injure persons or property.
(I) 
Improperly maintained building. A building, or part of a building, or the premises on which the building is located that is maintained in such a condition as to become so defective, unsightly, or in such a condition of deterioration or disrepair that the same is a nuisance causing appreciable diminution of the property values of the surrounding property or is materially detrimental to proximate properties and improvements. This includes, but is not limited to permitting or allowing or the keeping or disposing of or the scattering over the property or premises of any of the following:
(i) 
Lumber, junk, trash or debris.
(ii) 
Excavation material.
(iii) 
Graffiti on any premises which is unshielded so as to cause substantial diminution of the enjoyment, use, or property values of the adjacent properties.
(iv) 
Buildings which are abandoned, boarded up, partially destroyed, or left unreasonably in a state of partial construction.
(2) 
A condition exists in violation of the standards set forth in subsection (1), which condition renders the building or structure unsafe, unsanitary, or otherwise detrimental to the health, safety, morals, or welfare of the people of the city.
(Ordinance 361 adopted 3/28/18; Ordinance 2024-017 adopted 10/23/2024)
A responsible party may continue to use and occupy any building located within the city, regardless of the date such building was constructed, if such building meets the applicable minimum standards for buildings prescribed in this article and is not in violation of this division.
(Ordinance 361 adopted 3/28/18)
(a) 
It shall be unlawful for any person to maintain or permit the existence of any unsafe building in the city. It shall be unlawful for any person to permit same to remain in such condition.
(b) 
All unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures provided in this division.
(c) 
The city inspector shall enforce the provisions of this division.
(Ordinance 361 adopted 3/28/18)
The city inspector shall inspect, or cause to be inspected, every building, or portion thereof, reported to be unsafe. If such building, or any portion thereof, is determined to be unsafe, the city inspector shall give the responsible party notice in accordance with the requirements set forth in section 22.03.335.
(Ordinance 361 adopted 3/28/18)
(a) 
Whenever the city inspector determines that a building is in violation of the provisions of this division, he shall give notice of such determination to the responsible party. Such notice shall:
(1) 
Be in writing;
(2) 
Contain an identification of the building, if any, and property on which it is located;
(3) 
Identify the specific conditions upon which such determination was based;
(4) 
Contain the provisions of this code alleged to be violated;
(5) 
Specify the corrective measures required;
(6) 
Provide a reasonable time for compliance;
(7) 
Advise the responsible party that if compliance is not obtained by the day set out in the notice, there will be a public hearing before the municipal court to determine whether a building complies with the standards set out in the definition of “unsafe building” in section 22.03.331;
(8) 
Contain the following statement:
According to the real property records of the county, you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 20th day after the date you received this notice. If you do not send the affidavit, it will be presumed that you own the property described in this notice, even if you do not; and
(9) 
Be served upon the responsible party as set out in this division.
(b) 
Notice given pursuant to this division shall be deemed properly served upon the responsible party if a copy thereof is:
(1) 
Served upon him personally; or
(2) 
Sent by registered or certified mail, return receipt requested, to the last known address of such person as shown on the records of the city; and
(3) 
Posted in a conspicuous place in or about the building affected by the notice.
(Ordinance 361 adopted 3/28/18)
(a) 
The municipal court of record has the power and duty to hold a public hearing to determine whether or not the building is unsafe in accordance with the standards set forth in the definition of “unsafe building” in section 22.03.331.
(b) 
The municipal court of record has the following powers and duties:
(1) 
To require the repair of a structure found to be unsafe;
(2) 
To require the demolition of a structure found to be unsafe;
(3) 
To require the removal of personal property from a structure ordered vacated or demolished. Removal may be accomplished by use of city forces or a private transfer company if the owner of the personal property is not known, or the whereabouts of the owner cannot be ascertained, or the owner fails to remove the personal property. Costs of any removal and storage are the responsibility of the owner of the personal property;
(4) 
To require that an open and vacant structure or open and vacant portion of a structure be secured;
(5) 
To require or cause the correction of a dangerous condition on the land. Correction of a dangerous condition may be accomplished by city forces or a private contractor. Costs of correction are the responsibility of the owner;
(6) 
To assess a civil penalty, not to exceed $2,000.00 a day per violation against a property owner for each day or part of a day that the owner fails to repair or demolish a structure in compliance with a court order issued under this article; and
(7) 
To require relocation of the occupants of a structure found to be unsafe.
(Ordinance 361 adopted 3/28/18)
(a) 
A petition filed with the municipal court by the city attorney initiates a civil proceeding under this article. The proceeding must be kept and organized separately from the criminal dockets of the municipal court.
(b) 
The petition must include:
(1) 
Identify the structure and the property on which it is located (not required to be a legal description); and
(2) 
A description of the alleged violation or violations of minimum standards that is present on the property.
(c) 
The proceeding will be styled “City of Westlake Hills, Plaintiff v. (Property Description), Defendant.” The municipal court shall set the matter for a hearing not less than 30 days or more than 60 days after the filing of the petition.
(Ordinance 361 adopted 3/28/18)
(a) 
The city attorney or the city inspector shall give notice of a municipal court hearing on the repair, demolition, vacation, or securing of a structure, or the relocation of the occupants of a structure, to any owner, mortgagee, or lienholder of the structure. A diligent effort must be made to discover each owner, mortgagee, or lienholder of the structure and to give such persons notice of the hearing.
(b) 
Notice of the hearing must include:
(1) 
The date, time, and place of the hearing;
(2) 
Identify the structure and the property on which it is located (not required to be a legal description);
(3) 
A description of the alleged violation or violations of minimum standards that are present on the property; and
(4) 
A statement that the owner, mortgagee, or lienholder must submit at the hearing proof of the scope of any work that may be required to comply with this chapter and the time it will take to reasonably perform the work.
(c) 
On or before the 10th day before the hearing date, notice of the hearing must be:
(1) 
Mailed, by certified mail, return receipt requested, to the record owners of the affected property, and each holder of a recorded lien against the property, as shown by the records in the office of the county clerk of the county in which the property is located if the address of the lienholder can be ascertained from the deed of trust establishing the lien or any other applicable instruments on file in the office of the county clerk;
(2) 
Posted, to all unknown owners, on the front door of each improvement situated on the affected property or as close to the front door as practicable; and
(3) 
Published on one occasion in a newspaper of general circulation in the city.
(d) 
The city attorney or the city inspector may file in the official public records of real property in the county in which the property is located a notice of hearing that contains:
(1) 
The name and address of the property owner, if that information can be determined;
(2) 
A legal description of the property; and
(3) 
A description of the hearing.
(e) 
A notice issued under this section or an order entered by the municipal court under this article, that is filed in accordance with subsection (d) is binding on any subsequent grantee, lienholder, or other transferee of an interest in the property who acquires such interest after the filing of the notice or order and constitutes notice of the matter or order to any subsequent grantee, lienholder, or other transferee.
(Ordinance 361 adopted 3/28/18)
A continuance of a hearing requested and set under this article may only be considered and granted in open court by the presiding judge of the court on the date and time of the originally scheduled hearing. A continuance must be requested in writing and may only be granted for good cause shown. The court may continue the hearing no more than 60 days and must notify the parties appearing in open court of the new date and time of the hearing. No other notice of the continued hearing date and time is required to be filed, sent, published, or posted.
(Ordinance 361 adopted 3/28/18)
(a) 
At the civil hearing in municipal court:
(1) 
The city attorney shall present evidence of notice of the hearing, the violation or violations of minimum standards that are present on the property, and other relevant issues;
(2) 
An owner, lienholder, mortgagee, or other person shown to have an interest in the property may present evidence of the scope of work and time required to comply with minimum standards under this chapter, present evidence on other relevant issues, and cross-examine witnesses; and
(3) 
The city attorney may cross-examine or rebut any evidence offered by an opposing party or other witness.
(b) 
At the close of evidence at the hearing, the municipal court judge may do one or more of the following:
(1) 
Find by a preponderance of the evidence that the structure is an unsafe structure, specifically describing each minimum standard found to be violated, and order one or more of the following:
(A) 
Demolition of the structure by the owner, lienholder, or mortgagee within 30 days, unless an extension is granted under subsection (c);
(B) 
Repair of the structure by the owner, lienholder, or mortgagee as needed to correct every violation of minimum standards found by the court to exist at the structure, the repair to be accomplished within 30 days, unless an extension is granted under subsection (c);
(C) 
Vacation of the structure by the owner, lienholder, or mortgagee, within a specified period of time; or
(D) 
The assessment of a civil penalty against the owner for each day or part of a day that the owner fails to repair or demolish the structure in compliance with a court order issued under this section.
(2) 
Find that the structure is open and vacant and order securing of the structure from unauthorized entry within 30 days by the owner, lienholder, or mortgagee.
(3) 
Order relocation of the occupants of a structure affected by a court order, within a specified period of time, by the owner, lienholder, or mortgagee.
(c) 
Time extensions for complying with an order to repair or demolish a structure.
(1) 
The court may allow more than 30 days to comply with an order to repair or demolish a structure under subsection (b)(1), if the owner, lienholder, or mortgagee establishes at the hearing that the work cannot reasonably be performed within 30 days. The court shall establish a specific time schedule for the commencement and performance of the work and require the owner, lienholder, or mortgagee to secure the property from unauthorized entry while the work is being performed.
(2) 
The court may not allow more than 90 days to comply with an order issued under subsection (b)(1) unless the owner, lienholder, or mortgagee:
(A) 
Submits at the hearing a detailed plan and time schedule for the work; and
(B) 
Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.
(3) 
If the court allows more than 90 days to complete any part of the work required to repair or demolish the structure under subsection (b)(1), it shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the court demonstrating compliance 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 court to demonstrate compliance with the time schedules.
(4) 
If the owner, lienholder, or mortgagee owns property, including structures and improvements on property, within the city boundaries that exceeds $100,000.00 in total value, the court may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing or demolishing a structure under subsection (c)(3). In lieu of a bond, the court 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 court issues the order. The court shall establish rules and procedures, to be approved by the city attorney, governing when a bond, letter of credit, or third-party guaranty will be required under this subsection.
(d) 
If, at the close of evidence at the hearing, the court orders a structure to be repaired, vacated, secured, or demolished, or orders relocation of the occupants of a structure, the court shall in its order also authorize the city, through its agents or contractors, to enter the property and repair, vacate, secure, or demolish the structure on the property, or relocate the occupants of the structure, whichever applies, if the ordered action is not accomplished by the owner, lienholder, or mortgagee by the deadline given by the court pursuant to subsection (b) or (c). Performance of work by the city under this subsection does not limit the ability of the city to collect on a bond or other financial guaranty that may be required from the property owner, lienholder, or mortgagee under subsection (c)(4) of this section.
(e) 
An order entered by the court must also include a statement that any order entered by the municipal court, when filed in the official public real property records of the county in which the property is located, binds any subsequent grantee, lienholder, or other transferee of an interest in the property who acquires the interest after the filing of the order.
(f) 
After the hearing, the city attorney or the city inspector shall promptly mail by certified mail, return receipt requested, or personally deliver with proof of delivery, a copy of the order to each owner, lienholder, and mortgagee of the structure and shall file a copy of the order in the official public real property records of the county in which the property is located. Best efforts must be made to determine the identity and address of any owner, mortgagee, or lienholder and to give such persons notice of the order. If an order to repair, demolish, vacate, reduce in occupancy load, or secure a structure, or to relocate the occupants of a structure, is timely effected, the city inspector shall, upon written request and payment of the cost by the owner, file a notice of compliance in the deed records of the county in which the property is located. Every notice given under this subsection must include an identification, which is not required to be a legal description, of the structure and property on which it is located, and a description of the violation of minimum standards that is present at the property.
(g) 
Within 10 days after the date the order is issued, the city attorney or the city inspector shall:
(1) 
File a copy of the order in the office of the city secretary.
(2) 
Publish in a newspaper of general circulation in the city an abbreviated copy of the order containing:
(A) 
The street address or legal description of the property;
(B) 
The date of the hearing;
(C) 
A brief statement indicating the results of the order; and
(D) 
Instructions stating where a complete copy of the order may be obtained.
(Ordinance 361 adopted 3/28/18)
(a) 
If the city determines that the owner, lienholder, or mortgagee of a structure has not timely complied with a municipal court order issued under section 22.03.340 and the order included a provision authorizing the city to perform work upon failure of the owner, lienholder, or mortgagee to comply with the order, the city may, in addition to other remedies provided by law, repair, demolish, vacate, or secure the structure, or relocate the occupants of the structure, whichever is applicable, in accordance with the court order. Before the city begins the performance of the work, the city attorney or the city inspector shall issue a notice including:
(1) 
Identification of the structure and the property on which it is located (not required to be a legal description);
(2) 
An identification of the court order;
(3) 
A description of each violation of minimum standards found by the court to be present on the property when the court order was issued;
(4) 
A description of any work ordered by the court to correct each violation on the property;
(5) 
A statement and supporting documentation that the owner, lienholder, or mortgagee has not timely complied with the court order and a description of the provisions of the court order that still require compliance;
(6) 
A statement of the city’s intent to cause the repair, demolition, vacation, or securing of the structure, or the relocation of the occupants of the structure, whichever is applicable; and
(7) 
The date and time the city will begin performance of the work in accordance with the court order.
(b) 
At least 10 days before the city begins the performance of work under this section, the notice required under subsection (a) must be:
(1) 
Mailed by certified mail, return receipt requested, to each owner, lienholder, and mortgagee of the structure;
(2) 
Posted on the front door of the structure or as close to the front door as practicable; and
(3) 
Published on one occasion in a newspaper of general circulation in the city.
(c) 
The city inspector shall invite at least two or more building contractors to make estimates pertaining to the needed repair, removal or demolition of a building. The city inspector shall cause to be made an assessment of expenses or civil penalty based on such estimates. The city inspector shall endeavor to minimize the expenses of any building repairs, removal or demolitions order pursuant to this division.
(d) 
The city may repair a building only to the extent necessary to bring the building into compliance with the minimum standards of the city. The repairs may not improve the building to the extent that the building exceeds minimum standards prescribed by the city.
(e) 
Assessment of civil penalties.
(1) 
If the city attorney or the city inspector determines that the owner, lienholder, or mortgagee of a structure has not timely complied with a municipal court order issued under section 22.03.340, the city attorney may file an action in municipal court for the assessment of a civil penalty against the property. The city attorney or the city inspector shall promptly give notice to each owner, lienholder, and mortgagee of the hearing to assess a civil penalty. The notice must include:
(A) 
Identification of the structure and the property on which it is located (not required to be a legal description);
(B) 
An identification of the court order affecting the property;
(C) 
A description of each violation of minimum standards found by the court to be present on the property when the court order was issued;
(D) 
A description of any work ordered by the court to correct each violation on the property;
(E) 
A statement that the city attorney or the city inspector has determined that an owner, lienholder, or mortgagee has not timely complied with the court order and a description of the provisions of the court order that still require compliance; and
(F) 
A statement that the court will conduct a hearing to consider assessment of a civil penalty on the property and the date, time, and place of the hearing.
(2) 
The notice required under section 22.03.338(c)(1) for a municipal court hearing to consider the assessment of a civil penalty on property subject to a court order must be given in compliance with the notice requirements set forth in section 22.03.340.
(3) 
The hearing shall follow the proceedings outlined in section 22.03.340(a). At the hearing, the owner, lienholder, or mortgagee may present evidence of any work performed or completed on the property to comply with the court order.
(4) 
The court, after hearing evidence from each interested person present, may assess a civil penalty against the owner in a specific amount in accordance with section 22.03.336(b)(6).
(5) 
Notice of a court order issued under this subsection must comply with the requirements and procedures of section 22.03.338.
(6) 
A civil penalty assessed under this subsection may be enforced in accordance with subsection (d) of this section.
(7) 
A civil penalty assessment hearing may be combined with any other hearing before the municipal court concerning the same property.
(f) 
Liens.
(1) 
If the city incurs expenses under this section, the city shall impose a lien against the land on which the building stands or stood, unless it is a homestead as protected by the state constitution, to secure the payment of the repair, removal, or demolition expenses or the civil penalty. Promptly after the imposition of the lien, the city shall file for record, in recordable form in the office of the county clerk, a written notice of the imposition of the lien. The notice shall contain a legal description of the land.
(2) 
The city’s lien to secure the payment of a civil penalty or the costs of repairs, removal, or demolition is inferior to any previously recorded bona fide mortgage lien attached to the real property to which the city’s lien attaches if the mortgage lien was filed for record in the office of the county clerk before the date the civil penalty is assessed or the repair, removal, or demolition is begun by the city. The city’s lien is superior to all other previously recorded judgment liens.
(3) 
Any civil penalty or other assessment imposed under this section accrues interest at the rate of ten percent a year from the date of the assessment until paid in full.
(4) 
In any judicial proceeding regarding enforcement of municipalities under this section, the prevailing party is entitled to recover reasonable attorney’s fees from the nonprevailing party.
(5) 
A lien acquired under this section by the city for repair expenses may not be foreclosed if the property on which the repairs were made is occupied as a residential homestead by a person 65 years of age or older.
(Ordinance 361 adopted 3/28/18)
(a) 
Within 15 days after the municipal court enters an order under this article, the city or an owner, lienholder, or mortgagee of a structure that is the subject of the order may request that the court modify its order. The request must be in writing and filed with the court.
(b) 
The court shall schedule a hearing on the motion not less than five days or more than 10 days after the request for modification is filed. The movant must promptly deliver a copy of the request and notice of the hearing date and time, in writing, to the city attorney and each owner, lienholder, and mortgagee by either personal service or certified mail, return receipt requested.
(c) 
If circumstances have changed and the court finds good cause, the court may modify the order. The city attorney or the city inspector shall notify the owner, lienholder, and mortgagee of the structure of the modified order in accordance with section 22.03.338.
(Ordinance 361 adopted 3/28/18)
Any owner, lienholder, or mortgagee of record who is jointly or severally aggrieved by a municipal court order issued under this article may appeal by filing in state district court a verified petition setting forth that the municipal court’s decision 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 of record within 30 calendar days after the respective dates a copy of the municipal court order is mailed to each in compliance with section 22.03.340(g) of this chapter; otherwise, the order will become final as to each person upon expiration of each person’s respective 30-calendar-day period.
(Ordinance 361 adopted 3/28/18)
(a) 
Any notice required by this article to be given to the owner, lienholder, or mortgagee of any structure must also be given to any occupant of the structure, if the subject of the notice involves the demolition, vacation, or reduction of occupancy load of the structure or the relocation or ineligibility for relocation expenses of the occupants. Notice required under this subsection must be given to the occupants either:
(1) 
In the same manner required by this article for notice to the owner, lienholder, or mortgagee of the structure; or
(2) 
By personal service, using the time and procedural requirements set forth in this article for notice to the owner, lienholder, or mortgagee of the structure.
(b) 
For purposes of this article, a requirement to use “best efforts” or “a diligent effort” is satisfied by a search of the following records:
(1) 
County real property records of the county in which the structure is located;
(2) 
Appraisal district records of the appraisal district in which the structure is located;
(3) 
Records of the Secretary of State for the State of Texas;
(4) 
Assumed name records of the county in which the structure is located;
(5) 
Tax records of the city; or
(6) 
Utility records of the city.
(c) 
If any notice, order, or other document is mailed by certified mail, return receipt requested, as required by this article, and is returned by the United States Postal Service as “refused” or “unclaimed,” the validity of the notice, order, or other document is not affected, and the notice, order, or other document will be deemed as delivered.
(Ordinance 361 adopted 3/28/18)
(a) 
If the municipal court makes a determination after the public hearing that a building is deemed to be an unsafe building, the city inspector shall cause to be posted at each entrance to such building a notice to read as follows:
DANGEROUS
DO NOT ENTER, UNSAFE TO OCCUPY
City Inspector of the
City of West Lake Hills
(b) 
Such notice shall remain posted until required repairs, demolition, or removal is completed and such premises have been rendered safe. Such notice shall not be removed without written permission of the city inspector. No person shall enter the building except for making inspections or required repairs or to demolish such building.
(Ordinance 361 adopted 3/28/18)
(a) 
The city inspector may secure a building that is determined to be:
(1) 
Unoccupied by owner or tenant for a period in excess of 45 days with intent to abandon the property.
(2) 
Unsecured, allowing access by unauthorized persons or animals.
(3) 
Used or occupied only by persons who do not have the right of possession of the property.
(b) 
Before the 11th day after the date the building is secured, the city inspector shall 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 ten-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 if personal service cannot be obtained and the owner’s post office address is unknown.
(c) 
The notice shall contain:
(1) 
An identification of the building and the property on which it is located;
(2) 
A description of the violation of this code that is present at the building;
(3) 
A statement that the city will secure or has secured, as the case may be, the building; and
(4) 
An explanation of the owner’s entitlement to request a hearing about any matter relating to the city’s securing of the building.
(d) 
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 30 days after the date the city secures the building, the owner files with the city a written request for the hearing. The city council shall conduct the hearing within 20 days after the date the request is filed.
(e) 
The city has the same authority to assess expenses under this section as it has to assess expenses under section 22.03.341. A lien created under this section in the same manner that a lien is created under section 22.03.341 and is subject to the same conditions as a lien created under that section.
(Ordinance 361 adopted 3/28/18)