The words and phrases contained herein shall have the following
meanings ascribed to them unless the context states otherwise:
Any action the city may take on public or private property
and any adjacent property as may be necessary to remove or alleviate
a nuisance, including, but not limited to, demolition, removal, repair,
boarding and securing or replacement of property.
An order issued by the building and standards commission,
after a hearing, requiring a responsible person to correct a violation,
abate a public nuisance, pay civil penalties and administrative costs
or take any other action as authorized or required by this code and
applicable state codes. Such term may also include an order authorizing
the city to abate a public nuisance or assess a code enforcement lien.
Includes, but is not limited to, any building, fence, awning,
canopy, sign, shed, garage, house, tent, trailer or other structure
whatsoever.
A board appointed by the city council to conduct administrative
hearings under this article as authorized in Local Government Code
chapter 54.
Any person authorized to enforce violations of this article
or applicable state codes.
Any building that does not comply with the minimum standards.
The minimum standards for continued use and occupancy of a building as set forth in section 3.08.003 herein.
Any person, agent, firm, corporation or governmental agency
shown to be the owner or owners of a building in:
Whatever is dangerous to human life or health; whatever renders
the ground, water, air or food hazardous to human life, or health,
or that is offensive to the senses; or that is or threatens to become
detrimental to the public health; or
Any building that creates a hazard to health, safety, comfort
or welfare.
(Ordinance 1211 adopted 6/18/20)
(a)
It
shall be unlawful for any owner, occupant, or other person in control
of a building to allow that building to be in a condition that does
not conform to the minimum standards, as defined herein.
(b)
Any
building that does not conform to the minimum standards is hereby
declared to be a public nuisance and shall be abated by vacation,
relocation of occupants, repair, demolition, or removal, as necessary,
upon the issuance of an order to abate issued in accordance with the
procedures specified in this article.
(Ordinance 1211 adopted 6/18/20)
A building is considered not to meet the minimum standards of
the city for continued use and occupancy of a building, regardless
of its date of construction, under any of the following conditions:
(1)
Any
building that is dilapidated, substandard, or unfit for human habitation
and a hazard to public health, safety and welfare, including, but
not limited to:
(A)
Any building with roof, ceiling, floors, walls, sills, windows, or
foundation or any combination thereof rotted or decayed, and falling
apart; or that is uninhabitable due to obsolescence and deterioration
caused by neglect, vandalism, fire damage, old age, or the elements;
(B)
Any building intended for human occupancy that is in danger of falling
and injuring persons or property;
(C)
Any building that is a fire menace because it is in a dilapidated
condition, as described in subsections (1)(A) and (B) above or that
is likely to become a fire menace or be set on fire;
(D)
Any building that is in unsanitary condition and is likely to create
disease because of the presence of insects, rodents or vermin;
(E)
Any building that is damp and in unsanitary condition and is likely
to create disease and sickness because of being in the condition in
subsection (1)(A), (B), (C) or (D) above, or for other reasons;
(F)
Any building intended for human occupancy that does not contain a
minimum floor area of at least one hundred fifty (150) square feet
of floor space for one occupant and one hundred (100) square feet
of floor space for each additional occupant;
(G)
Any building that has holes, cracks or other defects in it, or does
not have railings for stairs, steps, balconies, porches, and elsewhere,
thereby constituting a danger to persons or property;
(H)
Any building intended for human occupancy that is not weathertight
and watertight, or that does not have a moisture-resistant finish
or material for the flooring or subflooring of each bathroom, shower
room and toilet room;
(I)
Any building occupied by humans that does not have in operating condition
a connection to discharge sewage from the structure or land into a
public sewer system (where such is available), a toilet connected
to a water source and to a public sewer system (where such is available),
connection to portable water at adequate pressure, and a kitchen sink,
bathtub or shower, and lavatory connected to a cold and hot water
source;
(J)
Any building occupied by humans that does not have in operating condition
heating equipment capable of maintaining a minimum inside temperature
of 68 degrees Fahrenheit between November 1 and April 15 of each year
in each room;
(K)
Any building intended for human occupancy that does not have exterior
windows and doors that are easily opened to provide air ventilation
and are covered with screens for keeping out insects and each opening
of the structure, or air-conditioning equipment capable of maintaining
a maximum inside temperature of 85 degrees Fahrenheit or twenty degrees
lower than the outside temperature, whichever is warmer, between April
16 and October 31 of each year; or
(L)
Any building intended for human occupancy that does not have operating
supply lines for electrical service, if electric service is available
within three hundred feet of the building, or that does not have operating
electrical circuits and outlets sufficient to safely carry a load
imposed by normal use of appliances and fixes.
(2)
Any
building that is not occupied by its owners, lessees or other invitees
and is not secure from unauthorized entry so that it could be entered
or used by uninvited persons or children regardless of its structural
condition.
(Ordinance 1211 adopted 6/18/20)
(a)
The
city manager or any of the city’s designated code enforcement
officials, including staff members of the code enforcement department
(“code enforcement officials”) shall have the authority
and powers necessary to gain compliance with the provisions of this
article. Such powers include the power to issue notices of violation,
issue citations, inspect public and private property and use whatever
judicial and administrative remedies are available under this article
or applicable state laws. The city manager and any code enforcement
official are authorized to enter upon any property or premises to
ascertain whether the provisions of this article or applicable state
codes and statutes are being obeyed, and to make any examinations
and surveys as may be necessary in the performance of their enforcement
duties. Such duties may include the taking of photographs, samples
or other physical evidence
(b)
Any
code enforcement official shall have the authority to issue citations
for any violation of this article. If the person being cited is not
present, the code enforcement official may send the citation to the
alleged offender by certified mail, return receipt requested. If a
person who receives a citation by personal service or as provided
under this subsection fails to appear on the return date of the citation,
the court may issue a warrant for the person’s arrest for the
violation described in the citation.
(c)
It
shall be unlawful for any person to interfere with a code enforcement
official in the performance of his or her duties and enforcement under
this section.
(d)
The
city may secure a building that it determines does not meet the minimum
standards and is unoccupied or occupied only by persons who do not
have a right to possess the building.
(e)
Before
the 11th day after the date the building is secured, the city shall
give notice to the owner of record 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 last known post office address;
(3)
Publishing the notice at least twice within a ten-day period in a
newspaper of general circulation in the city 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.
(f)
The
notice shall contain identification of the building and the property
on which it is located, a description of the existing violation(s)
of the minimum standards, and a statement that the municipality will
secure or has secured the building.
(g)
The
notice shall also state that the owner may request a hearing about
any matter related to the city’s securing of the building, and
that if such a hearing is requested, it shall be held pursuant to
Texas Local Government Code section 214.0011(e) and heard by the city
manager or his designee.
(Ordinance 1211 adopted 6/18/20)
(a)
Inspection.
The city manager shall designate a code
enforcement official to inspect or cause to be inspected any building
the official has probable cause to believe does not meet the minimum
standards. If the code enforcement official is unable to obtain permission
to search the building from the owner or a person in control of the
premises, the city shall apply for an administrative search warrant
pursuant to Texas Code of Criminal Procedure article 18.05 unless
an exception to the warrant requirement exists. All inspections, entries,
examinations and surveys shall be done in a reasonable manner. If
an owner, occupant or agent refuses permission to enter or inspect,
a code enforcement officer, first authorized by the city manager,
may seek an administrative inspection warrant or search warrant as
provided for by Vernon’s Ann. C.C.P. article 18.05.
(b)
Determination.
After completing the inspection, the
inspecting official shall determine if the building is a dangerous
building, as defined herein.
(c)
Notice of abatement.
After an initial determination
that a building is a dangerous building, the inspecting official shall
notify the owner of record of the building, by certified mail, return
receipt requested, of the nature of the violation(s) of the minimum
standards. The inspecting official shall also notify the owner of
record of the building that the building is dangerous and that the
owner must vacate and/or repair, demolish, or remove the building
for the good of the public health, safety and welfare. A notice shall
be posted on the dangerous building as follows:
|
“THIS BUILDING IS DANGEROUS ACCORDING TO THE MINIMUM STANDARDS
SET FORTH 1N THE OFFICIAL CODE OF THE CITY, CHAPTER 3, ARTICLE 3.08
AND THE OWNER MUST REPAIR, DEMOLISH OR REMOVE IT. CONTACT __________
AT __________FOR FURTHER INFORMATION.
|
|
DATE __________”
|
(d)
Request for public hearing before building standards board.
If the owner does not reply or take action within fifteen (15) days from the date the notice was mailed, the inspecting official may request that a public hearing be held before the building standards board, as defined in section 3.08.006, to determine whether the building complies with the minimum standards set forth in this article. The city shall then order a public hearing.
(1)
If a public hearing is ordered, the city shall make a diligent effort
to discover the identity and address of the owner(s) of record and
any lienholders or mortgagees of the building and the underlying property.
(2)
The city shall notify each owner, lienholder, or mortgagee by certified
mail, return receipt requested, and notify any unknown owners by posting
a copy of the notice on the front door of each improvement situated
on the affected property or as close to the front door as practicable
that a public hearing will be held in reference to the building and
that the interested party may appear at the public hearing, be heard,
and present evidence in reference to the condition of the building.
The notice shall further advise the owner, lienholder, or mortgagee
or unknown owner that he will have the burden of proof at such hearing
and will be required to submit at the hearing proof of the scope of
any work that may be required to make the building comply with this
article and the amount of time it will take to reasonably perform
the work.
(3)
The city will publish notice of the public hearing in a newspaper
of general circulation in the city. The city may also file a notice
of the public hearing in the official public records of real property
in the county. The notice must contain the name and address of the
owner of the property (if it can be determined from a reasonable search
of county records), a legal description of the affected property and
a description of the proceeding, including the date, location and
time of the public hearing.
(Ordinance 1211 adopted 6/18/20)
(a)
Created.
In accordance with Local Government Code, chapter
54, the city hereby creates a building standards board consisting
of one, five-member panel to be appointed by the city council for
a term of two years. The city council may appoint four alternate members
to the commission to serve in the absence of one or more regular members,
as provided by state law. The building standards commission shall
conduct its activities and enforce this article in accordance with
the provisions of the Local Government Code.
(b)
Powers and duties.
The building standards board shall
have the power and duty to:
(1)
Require the reduction in occupancy load of an overcrowded structure
or vacation of a structure that is hazardous to the health, safety
and welfare of the occupants;
(2)
Permit the repair of a substandard structure as an alternative to
demolition of the structure; or
(3)
Require the demolition of structures found to be substandard;
(4)
Require the removal of personalty 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 personalty is not known,
the whereabouts of the owner cannot be ascertained or the owner fails
to remove the personalty. The building and standards commission may
cause any personalty removed to be stored in the care and custody
of a bonded warehouse facility. Cost of removal and storage is the
responsibility of the owner of the personalty;
(5)
Require that a vacant structure or vacant portion of a structure
constituting a hazard be securely closed and made safe;
(6)
Grant a variance when, in the opinion of the building and standards
commission, a literal interpretation of the city’s housing standards
regulations would result in an imposition of an unnecessary or unreasonable
hardship; and
(7)
Interpret the provisions of this article in a way so as to carry
out their intent and purpose and, from time to time, as it deems advisable,
make suggestions and recommendations to the city council for improvement
of the city’s housing standards regulations.
(Ordinance 1211 adopted 6/18/20)
The city may bring an action in district court against an owner
of residential property that is not in substantial compliance with
the minimum standards and request the appointment of a receiver for
purposes of rehabilitating the property pursuant to Texas Local Government
Code section 214.003.
(Ordinance 1211 adopted 6/18/20)
(a)
If
it is found at the public hearing that the building is in violation
of the minimum standards, one of the following orders or any combination
thereof may be issued by the building standards board:
(1)
An order to secure or vacate the building and relocate occupants;
or
(b)
The city shall promptly mail by certified mail, return receipt requested, a copy of any order issued pursuant to subsection (a) of this section to the owner of record of the building and to any lienholder or mortgagee along with a notice containing an identification of the building and the property on which it is located; a description of the violation(s) of the minimum standards; a statement that the municipality will secure, vacate, repair, remove or demolish the building if the ordered action is not taken by the owner within a reasonable time.
(c)
The
order shall allow the owner thirty (30) days to complete the ordered
action, unless it is determined from the evidence presented at the
public hearing that additional time is required. If more than thirty
(30) days is allowed to repair, remove or demolish the building, specific
time schedules shall be established for the commencement and performance
of the work.
(d)
The order shall also state that any lienholders or mortgagees of the building and/or the underlying property shall have an additional thirty (30) days to complete the ordered action if the owner falls to comply within the time allotted in subsection (c) above.
(e)
The
owner, lienholder or mortgagee may not be allowed more than ninety
(90) days to complete any part of the work required, remove or demolish
the building unless the requirements of Texas Local Government Code
section 214.001(k) are met.
(Ordinance 1211 adopted 6/18/20)
Within ten (10) days following the date that an order is issued,
the building standards board shall:
(1)
File
a copy of the order in the office of the city secretary; and
(2)
Publish
in a newspaper of general circulation in the city a notice containing
the following:
(Ordinance 1211 adopted 6/18/20)
Any owner, lienholder or mortgagee of record of a property jointly
or severally aggrieved by any order issued under this article shall
be entitled to judicial review in district court. A petition must
be filed in district court by an owner, lienholder or mortgagee within
thirty days after delivery of said order pursuant to Texas Local Government
Code section 214.0012
(Ordinance 1211 adopted 6/18/20)
(a)
Criminal violations.
It shall be unlawful for any person
to violate any provision or fail to comply with any of the requirements
of this code. A violation of any of the provisions or failure to comply
with any of the mandatory requirements of this code shall constitute
a class C misdemeanor punishable by the maximum fine allowed by law
and authorized by state statutes or other provisions of this code.
Each such person may be charged with a separate offense for each and
every day, or portion thereof, during which any violation of any provision
of this code is committed, continued or permitted by such person and
shall, upon conviction, be punished accordingly.
(b)
Civil violations.
In addition to any other remedy provided
by this code, any provision of this code or applicable state law may
be enforced by injunction issued by a court of competent jurisdiction
upon a suit brought by the city. As part of a civil action filed to
enforce provisions of this code, a court may assess a maximum civil
penalty as allowed by law per violation of this code or state law
for each day during which any person commits, continues, allows or
maintains a violation of any provision of this code or state law.
(c)
Recovery of civil penalties.
The city manager may collect
all civil penalties and related administrative costs by the use of
all appropriate legal means, including referral to the city attorney,
the recordation of a code enforcement lien pursuant to the procedures
set forth in this chapter and state law, and the filing of a court
action to recover such penalties and costs.
(Ordinance 1211 adopted 6/18/20)
(a)
The following defenses apply only to the assessment of a penalty as provided in section 3.08.011. They do not alter any other requirements in this chapter or prevent any other enforcement remedies or procedures available to the city.
(b)
It is a defense to section 3.08.003(1)(J) and (K) of this article that:
(1)
Failure to maintain heating and air-conditioning equipment in compliance
with those subsections was the direct result of an act of nature or
other cause beyond the reasonable control of the owner and the owner
is making diligent efforts to repair the heating and air-conditioning
equipment in compliance with those subsections; or
(2)
A written contract [was] in effect requiring the tenant to provide
and maintain heating and air-conditioning equipment, and the owner
has provided utility connections for such equipment in compliance
with the building regulations in this chapter.
(Ordinance 1211 adopted 6/18/20)
(a)
If
an owner or other interested party does not vacate, secure, repair,
remove, demolish, or relocate occupants of a building within the time
allotted in an order issued pursuant to this article, the city may
take the ordered action at its expense at the direction of the city
manager. If the city repairs the building, such repairs shall only
be to the extent required to meet minimum standards and only if the
building is a residential building with ten (10) or fewer dwelling
units.
(b)
As an alternative to subsection (a) a civil penalty may be assessed against the property owner for failure to repair, remove or demolish the building. A notice of penalty shall be mailed by certified mail, return receipt requested, to the property owner advising the amount and duration of the penalty, the date on which it is due, and notice that failure to pay said penalty shall result in a lien being placed on the property.
(d)
Any expenses incurred by the city pursuant to subsection (a) of this section and any civil penalties incurred by the owner pursuant to subsections (b) and (c) of this section will be assessed against the property on which the building stands or stood. The city will have a privilege lien upon filing same in the official public records of the county clerk subordinate only to tax liens against the property unless it is a homestead as protected by the state constitution. Then lien will be extinguished if the property owner or other interested party reimburses the city for all expenses and penalties.
(Ordinance 1211 adopted 6/18/20)
(a)
Upon
approval by the city manager and a determination by the city manager
that a certain property has value to the city, the city may take possession
of property on which there is located a building that the owner has
been ordered to demolish by the building standards board, or if it
has not been ordered to be demolished by the building standards board,
it has been determined by the city’s code enforcement official
to be a dangerous building as defined herein; this requires conveyance
of the property by deed to the city and may require payment by the
property owner for some portion of the demolition and disposal or
the administrative cost1s associated with the conveyance and demolition.
The terms of this type of agreement must be reduced to writing, to
be signed by both parties, and approved and accepted by the city manager
prior to conveyance.
(b)
Upon
approval by the city manager, the city may enter into a demolition
consent agreement with the owner of a building that has been ordered
to be demolished by the building standards board, or if it has not
been ordered to be demolished by the building standards board, it
has been determined by the city’s code enforcement official
to be a dangerous building as defined herein. The demolition consent
agreement shall provide that a lien in an agreed upon amount or in
an amount that is equal to the costs of demolition and cleanup of
the property, including any landfill costs, be placed on the real
property where the dangerous building was located.
(c)
The city is permitted to dispose of certain demolition waste in a landfill owned and operated by the city under permit by rule no. 9002 issued to the city by the Texas Commission on Environmental Quality under 30 Texas Administrative Code section 330.7(i). In accordance with state law, in order to dispose of the demolition waste in the permit-by-rule landfill, the city must: (1) acquire ownership of the property/demolition waste in the following manner: (A) after demolishing the dangerous building after an order of demolition by the building standards board; (B) after demolishing the dangerous building after a voluntary conveyance of the property to the city pursuant to subsection (a); or (C) after demolishing the dangerous building, pursuant to a demolition consent agreement entered into by and between the city and the property owner as provided in subsection (b); and (2) require the donor to provide clear evidence of the financial inability to demolish the structure and dispose of the waste. Any person wishing to convey property to the city under this section, must provide a sworn statement and financial documentation sufficient to establish the financial inability to demolish the structure and dispose of the waste. The terms of this type of agreement must be reduced to writing, to be signed by both parties, and approved and accepted by the city manager prior to conveyance.
(Ordinance 1211 adopted 6/18/20)
