As used in this article, the following terms are defined as
follows:
The value given the structure by the county tax assessor’s
office.
Any structure of any kind or any part thereof, erected for
the support, shelter or enclosure of persons, animals, chattel or
property of any kind.
The person appointed by the city to conduct periodic inspections
of buildings and structures to insure that the same are being maintained
in a manner consistent with prescribed building codes of the city
and not in violation of this article.
The governing body of the city.
Best or reasonable effort to determine the identity and address
of an owner, a lienholder, or a mortgagee including a search of the
following records:
County real property records of the county in which the building
is located;
Appraisal district records of the appraisal district in which
the building is located;
Records of the secretary of state;
Assumed name records of the county in which the building is
located;
City tax records; and
City utility records.
Those standards found in the city’s adopted standard
building, electrical, plumbing, gas, mechanical, existing building
and fire prevention codes and any other housing and structure regulations
adopted under chapter 214, Local Government Code.
Any person, agent, firm, corporation, or other entity named
in the real property records of the county where the building is located
as owning the property.
That which is built or constructed, an edifice or building
of any kind, or any piece of work artificially built or composed of
parts joined together in some definite manner, or any part thereof.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.201)
This article is adopted so that the city council may promote
the public health, safety, and general welfare within the city through
the regulation of substandard and dangerous buildings or structures.
By requiring the repair or demolition of substandard and dangerous
buildings and structures, the city council seeks to protect property
values and prevent bodily injury, death, and property damage within
the city limits.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.202)
Any building or structure requiring repair, removal or demolition, as described and defined in this article, and all buildings or structures within the city which because of their condition are unsafe, unsanitary or otherwise dangerous to the health, safety and general welfare of the citizens of the city, are hereby declared to be a public nuisance and unlawful and subject to the provisions of this article in addition to the other provisions in this Code of Ordinances. Such unsafe, unsanitary and dangerous conditions include but are not limited to the other portions of this chapter regarding building, electrical and plumbing regulations, chapters 6 and 8 regarding repair, removal or demolition of nuisances, chapter 13 regarding utilities, and any other provision in the city Code of Ordinances.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.203)
An inspection shall be made of every building located within
the city which is suspected of being in violation of this article.
The building inspector, or his or her official designee, is hereby
authorized to conduct inspections of buildings suspected of being
in violation of this article and take such actions as may be required
to enforce the provisions of this article.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.204)
The Uniform Code for the Abatement of Dangerous Buildings, 1994
edition, published by the International Conference of Building Officials,
is adopted, and incorporated by reference into this section in its
entirety, and the city secretary will make available relevant provisions
at the request of any citizen of the city.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.205)
The building inspector shall perform the following duties:
(1)
Inspect
or cause to be inspected periodically all public buildings, schools,
halls, churches, theaters, hotels, tenements, commercial manufacturing
or loft buildings or tents for the purpose of determining whether
conditions exist which render any such place a dangerous premises
within the terms of this article;
(2)
Inspect
any premises, building, wall or structure about which complaints have
been filed by any person to the effect that such premises or building,
wall or structure is or may be existing in violation of this article;
(3)
Inspect
any premises, building, wall or structure reported by the health,
fire or police department of this city as possibly existing in violation
of the terms of this article;
(4)
Inspect
any premises, building wall or structure which he has reason to believe
may be in violation hereof;
(5)
Notify
in writing the owner, occupant, lessee, mortgagee, agent and all other
persons having an interest in such premises, at their last known address
as shown by the records of the assessor and collector of taxes of
the city, of any premises found by him to be dangerous premises within
the standards set forth in this article, that:
(A)
The owners shall vacate, repair or demolish such building in accordance
with the terms of the notice and this article;
(B)
The occupant or lessee shall vacate such building or have it repaired
in accordance with the notice and remain in possession;
(C)
The mortgagee, agent or other person having an interest in such building
may at his own risk repair, vacate or demolish the building or have
such work or act done; provided that any person notified under this
subsection to repair, vacate or demolish any building shall be given
such reasonable time, not exceeding 30 days, as may be necessary to
do, or have done, the work or act required by the notice provided
herein;
(6)
Set forth in the notice provided for in subsection (5) of this section a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building, and a statement requiring the building to be put in such condition as to comply with the terms of this article within such time as is reasonable, as long as that time is not longer than 30 days;
(7)
If the owner, occupant, mortgagee or lessee fails to comply with the notice provided for in subsection (5) above within 30 days, report the condition to the city attorney giving him or her a copy of the notice described in subsections (5) and (6) hereof. The city attorney shall then take any necessary action to secure compliance with the order of the building inspector provided for in subsection (1) of this section, and in particular shall proceed as provided in sections 3.03.011 and 3.03.012, taking additional steps to determine the names and addresses of persons having an interest in the premises.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.206)
The following standards shall be utilized in determining whether
a building should be ordered repaired, removed or demolished:
(1)
The
building or structure is liable to partially or fully collapse.
(2)
The
building or structure was constructed or maintained in violation of
any provision of the city’s building code or any other applicable
ordinance or law of the city, county, state, or federal government.
(3)
Any
wall or other vertical structural members list, lean or buckle to
such an extent that a plumb line passing through the center of gravity
falls outside of the middle one-third (1/3) of its base.
(4)
The
foundation or the vertical or horizontal supporting members are twenty-five
(25) percent or more damaged or deteriorated.
(5)
The
nonsupporting coverings of walls, ceilings, roofs, or floors are fifty
(50) percent or more damaged or deteriorated.
(6)
The
structure has improperly distributed loads upon the structural members,
or the structural members have insufficient strength to be reasonably
safe for the purpose used.
(7)
The
structure or any part thereof has been damaged by fire, water, earthquake,
wind, vandalism, or other cause to such an extent that it has become
dangerous to the public health, safety and welfare.
(8)
The
structure does not have adequate light, ventilation, or sanitation
facilities as required by the city.
(9)
The
structure has inadequate facilities for egress in case of fire or
other emergency or has insufficient stairways, elevators, fire escapes
or other means of ingress or egress.
(10)
The structure, because of its condition, is unsafe, unsanitary, or
dangerous to the health, safety or general welfare of the city’s
citizens including all conditions conducive to the harboring of rats
or mice or other disease-carrying animals or insects reasonably calculated
to spread disease.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.207)
If the dangerous premises is in such condition as to make it
dangerous to the health or safety of its occupants, it shall be ordered
to be vacated.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.208)
If the dangerous premises can be feasibly repaired or the condition
remedied so that it will no longer exist in violation of the terms
of this article, it shall be ordered remedied or repaired. Repairs
will only be deemed feasible if less than 50% of the value or structure
of the building is required to be repaired or replaced.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.209)
In any case where a dangerous building is fifty (50) percent
or more damaged, decayed or deteriorated from its value or structure,
it shall be demolished, and in all cases where a building cannot be
repaired to meet the standards and provisions in this article, it
shall be demolished.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.210)
(a)
Whenever
a violation of this article has been discovered and reported by the
building inspector or his/her designee, a public hearing shall be
held by the city council to determine whether a building complies
with the standards set out in this article.
(b)
A
notice of the hearing shall be sent to the occupant, if any, and record
owner, lienholder or mortgagee. Such notice shall be in writing and
shall be served by personal delivery or by certified mail return receipt
requested. Additionally, a copy of the notice shall be posted on the
front door of each affected structure situated on the property or
as close to the front door as practicable. It is not necessary that
the notice to the occupant of the property list an occupant by name.
Service of the notice may be accomplished by the first class U.S.
mail or by personal delivery to any occupant of the property who is
above the age of eighteen (18) years.
(c)
The
notice shall contain:
(1)
The names of all persons to whom notice is being served;
(2)
The street address or legal description of the premises;
(3)
The date of inspection;
(4)
The nature of the violation;
(5)
The date, time and location of the hearing; and
(6)
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.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.211)
(a)
The date of the hearing shall not be less than 10 days after notice is made (as described in section 3.03.011).
(b)
If
a building is found to be in violation of this article, the city shall
require the owner, lienholder, or mortgagee of the building to, within
30 days, repair, remove or demolish the building, unless it is proven
at the hearing that the work cannot reasonably be done in 30 days.
(c)
If
the city allows more than 30 days for the building to be repaired,
removed or demolished, the city shall establish specific time schedules
for the work to be commenced and performed 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, as determined
by the hearing official.
(d)
The
city shall 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 a detailed plan
and time schedule for the work are submitted at the hearing and it
is proven at the hearing that the work cannot reasonably be completed
within 90 days because of the scope and complexity of the work. Additionally,
the owner, lienholder, or mortgagee must submit work progress reports
to demonstrate compliance with the time schedule established.
(e)
In
any case where repairs are estimated to cost 50 percent or more of
the appraised value, a building shall be demolished or removed, and
in all cases where a structure cannot be repaired so that it will
no longer exist in violation of the provisions of this article, it
shall be demolished or removed.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.212)
(a)
After
the public hearing, if a building is found to be in violation of the
standards set out in this article, the city may order that the building
be repaired, removed or demolished within a reasonable time, as established
under this article.
(b)
If
the building is ordered to be repaired, removed or demolished, the
city shall promptly mail by certified mail, return receipt requested,
or personally deliver a copy of the order to the owner of the building
and to any lienholder or mortgagee of the building. The city shall
make a diligent effort to discover each owner, mortgagee and lienholder
having an interest in the building or property on which the building
is located.
(Ordinance 999 adopted 6/6/07; Ordinance 1036 adopted 1/7/08; 2004 Code, sec.
3.213)
(a)
In
addition to the order, each identified mortgagee or lienholder shall
be sent a notice containing:
(b)
If
the notice is returned “refused” or “unclaimed,”
the validity of the notice is not affected and the notice shall be
deemed delivered.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.214)
The owner, lienholder, or mortgagee shall have the right to
appeal the decision made at the hearing to a district court. A notice
of appeal must be filed with the district court within thirty (30)
calendar days from the date the order is mailed to the owner, lienholder
or mortgagee, as provided herein.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.215)
(a)
Whenever
it is discovered upon reinspection that the owner, mortgagee or lienholder
has failed to repair, remove or demolish the building or take other
ordered action within the allotted time, the city shall make a diligent
effort to discover each mortgagee and lienholder having an interest
in the building or in the property on which the building is located
and shall personally deliver or send by certified mail, return receipt
requested, to each a notice containing:
(b)
Whenever
it is discovered upon reinspection that the owner, mortgagee or lienholder
has failed to repair, remove or demolish the building or take other
ordered action within the allotted time, the city, or its authorized
agent, may repair, remove or demolish and remove said building or
cause the same to be done and charge the expenses incurred in doing
such work or having the same done to the owner, mortgagee or lienholder
of said land or otherwise assess the expenses against the property
on which the building is located. If such work is done at the expense
of the city, then said expense shall be assessed against any salvage
resulting from the demolition of the building and against the lot,
tract, or parcel of land or the premises upon which such expense was
incurred.
(c)
For
the purposes of this section, any repair, alteration or improvement
made to a building by the city will only be to the extent necessary
to bring the building into compliance with the minimum housing standards
and only if the building is a residential building with ten (10) or
fewer dwelling units; provided, however, the city may elect to obtain
a judicial determination by a decree of a court of competent jurisdiction
of the existence, in fact, of a public nuisance in cases contemplated
by this article. Such judicial determination may include any available
remedy for the abatement of such a nuisance.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.216)
(a)
When
the city incurs expenses to repair, remove or demolish a building,
the city may assess the expenses on and obtain a lien against the
property on which the building is located, unless it is a homestead
as protected by the Texas Constitution. The lien arises and attaches
to the property when the city has the lien recorded and indexed with
the county clerk in which the property is located. The notice shall
contain:
(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 was
located;
(3)
The amount of expense incurred by the city;
(4)
The balance due; and
(5)
The date on which said work was done or improvements made.
(b)
The
city shall have a privileged lien on such lot, lots, or other premises
or real estate upon which said building was located, to secure the
expenditure so made, second only to other liens as provided by law.
It is further provided that for any such expenditure suit may be instituted
and foreclosure of said lien may be made in the name of the city,
and the statement of expenses so made, as aforesaid, or a certified
copy thereof, shall be prima facie proof of the amount expended for
such work or expense.
(c)
The
lien is extinguished if the property owner or another person having
an interest in the legal title to the property reimburses the city
for the expenses.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.217)
The city shall have the power to administer and enforce the
provisions of this article as may be required by governing law.
(1)
Civil remedies.
(A)
A property owner violating any provision of this article shall, upon
conviction, be fined a sum not exceeding one thousand dollars ($1,000.00)
for each and every day of violation, or, if the owner shows the property
is the owner’s lawful homestead, in an amount not to exceed
ten dollars ($10.00) per day for each violation, provided that:
(B)
If such a civil penalty is assessed, the city secretary shall file
a certified copy of the order containing such amount and the duration
of the penalty with the county district clerk’s office no later
than three (3) working days after such order.
(2)
Other remedies.
(A)
The remedies provided in this section shall be available to the city
in addition to any penal or other remedy provided by law or equity
which the city, state, or any other person may provide to remedy the
unsafe building condition.
(B)
The city may bring a civil action in a court of competent jurisdiction
to collect the amount due plus all associated costs and fees.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.218)
In cases where it reasonably appears that there is an immediate
danger to the life or safety of any person unless a dangerous building
as defined in this article is immediately vacated, repaired or demolished,
the building inspector shall make a finding that there is an immediate
danger and cause the immediate vacation, repair or demolition of such
dangerous building. The cost of such emergency repair, vacation or
demolition of such dangerous building shall be collected in a manner
consistent with the procedures in this article.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.219)
Neither the city nor any authorized agent acting under the terms
of this article shall be liable or have any liability by reason of
orders issued or work done in compliance with the terms of this article.
Any suit brought against any officer, agent or employee of the city
as a result of any act required or permitted in the discharge of his
duties under this article shall be defended by the city attorney until
the final determination of proceedings therein.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.220)
The heads of the fire, police, public health and other city
departments shall make prompt reports in writing to the building inspector
of all buildings or structures which are, may be or are suspected
to be dangerous premises within the terms of this article and the
Code of Ordinances of the city.
(Ordinance 999 adopted 6/6/07; 2004 Code, sec. 3.221)
