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Editor's note–Ordinance 1383, secs. 1–6, adopted March 8, 2007, did not specifically amend the Code; hence, inclusion herein as division 5, secs. 18-121–18-126, was at the discretion of the editor. See also the Code Comparative Table.
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:
Vacant commercial buildings
shall mean a building that is not a one-or two-family dwelling which has been vacant, unoccupied, or closed for business for six consecutive months or more.
(Ordinance 1383, sec. 1, adopted 3/8/07)
A vacant commercial building which is visible from a public place or public right-of-way is hereby determined to be detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, constitutes an unattractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the city by producing urban blight which is adverse to the maintenance and continuing development of the city; and such buildings are hereby declared to be a public nuisance and unlawful when poorly maintained or left in substandard condition.
(Ordinance 1383, sec. 2, adopted 3/8/07)
Any and all vacant commercial buildings and the property upon which they are located shall comply with the following requirements:
(1) 
Structures shall be secured to prevent unauthorized access. If the structure is boarded up, the boards shall be secured, weatherproofed and painted to match the building, as approved by the building inspector or city designee. Deteriorated or damaged exterior components of structures shall be repaired or replaced;
(2) 
Building structures with storefront display windows which are not secured, weatherproofed and painted as provided above shall maintain a black, floor-to-ceiling fabric drop cloth or plastic tarp to effectively conceal the interior of the building from public view;
(3) 
All trash, debris, and/or unfixed exterior equipment shall be removed from the property;
(4) 
The landscaping on the property shall be maintained in a healthy and living condition as would be expected of an occupied building;
(5) 
The parking lot and paved drive areas shall be maintained even if approved barriers are installed to prevent access. Barriers that prevent access to a property shall be approved by the fire chief or city designee;
(6) 
Fire prevention, detection and suppression equipment must be maintained as approved by the fire marshal or city designee;
(7) 
Gas stations that remain vacant 18 consecutive months shall remove all fuel pumps and conceal associated plumbing equipment.
(Ordinance 1383, sec. 3, adopted 3/8/07)
(a) 
Any person, firm or corporation who shall maintain a public nuisance as described by section 18-122 of this division, and who, after notice as provided herein, shall fail to repair and/or provide the ongoing maintenance to eliminate the conditions creating the public nuisance or otherwise come into compliance with this division shall be guilty of a misdemeanor; and upon conviction, said person, firm or corporation shall be fined a sum not to exceed $500.00. Each and every day the violation exists shall constitute a separate and distinct offense. In the event the owner of said property is a corporation, each officer of said corporation may be held separately liable for the penalties herein provided.
(b) 
The court shall order abatement of the nuisance upon conviction.
(Ordinance 1383, sec. 4, adopted 3/8/07)
Any peace officer, building inspector, fire marshal, code enforcement officer or other regularly salaried, full-time city employee authorized to enforce this division may enter private property and/or public areas of any building or premise that is not a private residence or dwelling, structure or completely enclosed structure on private property, at all reasonable times whenever necessary in the performance of his duties to inspect and investigate for violations of any law, or to enforce any law. If no owner or other person having charge or control of the building or premises can be located, the person seeking the inspection shall have recourse to every remedy provided by law to secure entry.
(Ordinance 1383, sec. 5, adopted 3/8/07)
In addition to the foregoing remedies, the city may by filing a statement with the county clerk, create a privileged lien against the lot or lots on which expenses incurred by the city for removing or abating the public nuisance created by the vacant commercial building; such liens thereon shall be second only to tax liens and liens for street improvements to secure the expenditure so made. Such lien shall be created at the time the city abates the public nuisance on the lot or lots and at the expiration of ten days after proper notice as herein provided, and city shall file a statement of all expenditures, costs, and charges, plus ten percent interest from the date of the filing with the county clerk. For such expenditure, costs and interest, as aforesaid, suit may be instituted in the District Court of Andrews County, Texas; and the statement of expenditure so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in removal or abatement.
(Ordinance 1383, sec. 6, adopted 3/8/07)