(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 building code, article
214 of the Local Government 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 and 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.
(Ordinance 486-14 adopted 1/15/15)
Any building, fence, awning, canopy, sign, shed, garage,
house, tent or other structure whatsoever and 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.
The city council.
The building code promulgated by the International Code Conference,
as adopted by the city.
The International Fire Code promulgated by the code conference,
adopted by the city.
(Ordinance 486-14 adopted 1/15/15)
(a)
General.
(1)
Administration.
The building official is 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)
Inspections.
The building official and the fire marshal
or their designees are 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 a 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 that 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)
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 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, firm or corporation to erect, construct, or use, occupy
or maintain any building 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 486-14 adopted 1/15/15)
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:
(1)
Any
building that is dilapidated, substandard, or unfit for human habitation
and a hazard to the public health, safety and welfare;
(2)
Any
building that, regardless of its structural condition; is unoccupied
by its owners, lessees or other invitees and is unsecured from unauthorized
entry to the extent that it could be entered or used by vagrants or
other uninvited persons as a place of harborage or, could be entered
or used by children;
(3)
Any
building that is boarded up, fenced or otherwise secured in any manner
if:
(4)
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;
(5)
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;
(6)
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;
(7)
Whenever
any portion thereof 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;
(8)
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 of damage property;
(9)
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;
(10)
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 winds or earthquakes than is required in the case
of similar new construction;
(11)
Whenever the building, or any portion thereof, because of:
(A)
Dilapidation, deterioration or decay;
(B)
Faulty construction;
(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
(E)
Any other cause, is likely to partially or completely collapse;
(12)
Whenever, for any reason, the building, or any portion thereof, is
manifestly unsafe for the purpose for which it is being used;
(13)
Whenever the exterior walls or other vertical structural members
list, lean or buckle to such an extent that a plumbline passing through
the center of gravity does not fall inside the middle one third of
the base;
(14)
Whenever the building, exclusive of the foundation, shows thirty-three
percent or more damage or deterioration of its supporting member or
members, or fifty or more percent damage or deterioration of its nonsupporting
members, enclosing or outside walls or coverings;
(16)
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;
(17)
Whenever any building which, whether or not erected in accordance
with all applicable laws and ordinances, has in any nonsupporting
part, member or portion less than fifty percent, or in any supporting
part, member or portion less than sixty-six percent of the:
(18)
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;
(19)
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 lodginghouse.
(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 lodginghouse.
(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 required sewage disposal system.
(O)
Lack of adequate garbage and rubbish storage and removal facilities.
(20)
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;
(21)
Whenever any building is in such a condition as to make a public
nuisance known to the common law or in equity jurisprudence;
(22)
Whenever any portion of a building remains on a site after the demolition
or destruction of the building;
(23)
Whenever any building is abandoned so as to constitute such building
or portion thereof an attractive nuisance or hazard to the public;
(24)
Any building constructed and is still existing in violation of any
provision of the building code or fire code of the city to the extent
that the life, health or safety of the public or any occupant is endangered.
(Ordinance 486-14 adopted 1/15/15)
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 record owner that the building is substandard and must
be repaired or demolished;
(2)
Issue
citation(s) for violation(s) of this article;
(Ordinance 486-14 adopted 1/15/15)
(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 to be held.
Except when the city council 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 3.04.004 if the city council determines that the building constitutes an immediate danger, the procedures set forth in section 3.04.012(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 lien holders. The city shall use best efforts
to determine the identity and address of any owner, lien holder or
mortgagee of the building through the records of the county clerk
in the county in which the building is located and through any other
source available to 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 3.04.004;
(4)
A statement that the owner, lien holder, 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; and
(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
this section in the official public records of real property in the
county in which the property is located. If such notice is not filed
of record, each identified mortgagee and lien holder must be notified
of any abatement order issued by the board at the public hearing,
prior to any remedial action by the city.
(e)
Burden of proof.
At the public hearing, the owner, lien
holder or mortgagee has the burden of proof to demonstrate the scope
of any work that may be required to comply with this article, and
the time it will take to reasonably perform the work.
(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. The chairman of the board, or in his 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 486-14 adopted 1/15/15)
(a)
Findings of the board.
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 3.04.004, the board may order that the building be repaired, vacated, removed or demolished, secured, or the occupants relocated, by the owner, mortgagee or lien holder within a reasonable time as provided herein.
(b)
Time allowed to complete work.
(1)
The order must require the owner, lien holder or mortgagee of the
building to within thirty days:
(2)
If the board allows, the owner, lien holder or mortgagee more than
thirty days to repair, remove or demolish the building, the board
shall establish specific time schedules for the commencement and performance
of the work and shall require the owner, lien holder or mortgagee
to secure the property in a reasonable manner from unauthorized entry
while the work is being performed, as determined by the board.
(3)
The board may not allow the owner, lien holder or mortgagee more
than ninety days to repair, remove or demolish the building or fully
perform all work required to comply with the order unless the owner,
lien holder or mortgagee:
(4)
If the board allows the owner, lien holder or mortgagee more than
ninety days to complete any part of the work required to repair, remove
or demolish the building, the board shall require the owner, lien
holder or mortgagee to regularly submit progress reports to the building
official to demonstrate that the owner, lien holder or mortgagee has
complied with the time schedules established for commencement and
performance of the work. The order may require that the owner, lien
holder or mortgagee appear before the board or the building official
to demonstrate compliance with the time schedules.
(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 the violation of minimum standards present in the
building;
(3)
A description of the ordered actions; including a statement that
the owner may repair, if feasible, or demolish or remove 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 cost to
the property; and
(5)
If the board has determined that the building will endanger persons
or property, or if 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 property if the ordered action is not taken within
the time allowed.
(Ordinance 486-14 adopted 1/15/15)
(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 lien holder and mortgagee of the building.
(b)
Order shall be filed with city secretary.
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
secretary.
(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:
(Ordinance 486-14 adopted 1/15/15)
(a)
If order not complied with, city may take action.
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:
(1)
The city may not act to remove or demolish a building until after
the board has found:
(A)
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
(B)
The building is infeasible of repair; or
(C)
There is no reasonable probability that the building will be repaired
within a reasonable period of time if additional time is given.
(2)
The city may only repair a building as provided herein to the extent
necessary to correct the conditions which render the building dangerous,
and may not act to repair a building unless:
(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 Sansom Park
|
(c)
Remedial action by city.
Any repair or 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 over to the person or persons lawfully entitled thereto.
(d)
Failure to obey order.
Any person to whom an order pursuant to section 3.04.007 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 provision 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 closure, repair, removal
or demolition by the property owner or any lien holder 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 486-14 adopted 1/15/15)
(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 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)
Costs.
The cost of such work 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.
(c)
Repair to minimum standards only.
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 486-14 adopted 1/15/15)
(a)
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 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)
Notice filed 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)
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)
Lien shall be valid and privileged.
Upon filing of the
notice of lien in the deed records of the county, the lien shall be
valid against the property so assessed. The lien shall be privileged
and subordinate only to tax liens, existing special assessment 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.
(e)
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.
(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 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 the county.
(Ordinance 486-14 adopted 1/15/15)
(a)
Securing of unoccupied, substandard building.
Notwithstanding
any other provisions of this article, the city may secure a building
if the building official determines:
(b)
If building creates immediate danger.
Notwithstanding
any other provisions of this article, if the city council finds that
a building is likely to immediately endanger persons or property the
city council may:
(1)
Order the owner of the building, the owner’s agent, or the
owner or occupant of the property on which the structure is located
to repair, remove, or demolish the structure, or the dangerous part
of the structure, within a specified time; or
(2)
Repair, remove, or demolish the structure, or the dangerous part
of the structure, at the expense of the municipality, on behalf of
the owner of the structure or the owner of the property on which the
structure is located, and assess the repair, removal, or demolition
expenses on the property on which the structure was located.
(c)
Notice of action.
Before the eleventh day after the date the building is secured pursuant to this section, or action is ordered pursuant to section 3.04.005 or the building is repaired, removed or demolished pursuant to section 3.04.005, the building official 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 in which the building
is located; 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; and
(5)
In addition to the above, depositing notice in the United States
mail to all lien holders and mortgagees who can be determined from
a reasonable search of instruments on file in the office of the county
clerk.
(d)
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 the violation 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 section 3.04.005;
(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 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, repairing, removing or demolishing of the building, if, within thirty days after the date the city has taken action pursuant to section 3.04.005 the owner files with the city a written request for the hearing. The hearing shall be conducted within twenty 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 3.04.010.
(g)
Violation.
It shall be unlawful to fail to comply with
an order issued pursuant to this section.
(Ordinance 486-14 adopted 1/15/15)
(a)
Civil penalty authorized.
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 3.04.007.
(b)
Showing required.
The civil penalty may be assessed
if it is shown at the administrative hearing that:
(c)
Amount of penalty.
The civil penalty may be assessed
in accordance with the general penalty provision found in this code.
(d)
Notice of administrative bearing.
Not less than ten
days prior to the date on which the administrative hearing is set,
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 in accordance with the general penalty provision found
in this code; and
(4)
Notice of the time and place of the hearing.
(e)
Copy of order filed with district clerk.
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 subsection is final and binding and constitutes
prima facie evidence of the penalty in any suit.
(Ordinance 486-14 adopted 1/15/15)
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 486-14 adopted 1/15/15)
