Any building or structure which, on account of its dilapidated condition, state of disrepair, nonworking or malfunctioning condition, or any other reason, is dangerous to the physical health or safety of any person (including, but not limited to, any occupant of same) or is reasonably likely to cause injury, damage, harm or inconvenience to a considerable portion of the community in the use and enjoyment of property or materially interferes with the proper use, comfort or enjoyment of surrounding property, taking into consideration the nature and use of the properties in the area and the character of the community in which it is situated, which condition would be substantially offensive and annoying to persons of ordinarily sensibilities, tastes, and habits living in the community, is declared to be an urban nuisance subject to abatement pursuant to the following procedures and regulations.
(Ordinance 2-05 adopted 10/8/02)
(a) 
Enforcement officer.
There is hereby established by the city provisions for the enforcement of this article by the building official.
(b) 
Restrictions on employees.
An officer or employee connected with the city shall not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, or in the making of plans or of specifications therefor, unless he is the owner of such building.
(c) 
Records.
The building official shall keep, or cause to be kept, a record of the business of the department. The records of the department shall be open to public inspection.
(d) 
Right of entry.
The building official shall enforce the provisions of this article, and he or his duly authorized representative upon presentation of proper identification to the owner, agent, or tenant in charge of such property may enter any building, structure, dwelling, apartment, apartment house or premises, during all reasonable hours, except in cases of emergency where extreme hazards are known to exist which may involve the potential loss of life or severe property damage, in which case the above limitations shall not apply.
(e) 
Inspection of buildings.
The building official shall make or cause to be made inspections to determine the condition of buildings and premises, which are suspected or reported as being an urban nuisance as defined hereinabove, in the interest of safeguarding the health and safety of present or future occupants of such buildings and of the general public. For the purpose of making such inspections, the building official, or his agent, is hereby authorized to enter, examine, and survey at all reasonable times all buildings or structures for the purpose of verifying that such premises are in compliance with the minimum standards set forth herein. If the building official determines that such building reasonably appears to be an urban nuisance, he shall initiate proceedings for the abatement of the conditions which appear to make such building an urban nuisance.
(f) 
Liability.
Any city official, city employee, or any member of the board of adjustments, appeals, and codes, charged with the enforcement of this code, in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damages that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of this code shall be defended by the city until the final termination of the proceedings.
(g) 
Reports.
The building official shall annually submit a report to the city council covering the work of the department during the preceding year. He shall incorporate in said report a summary of the decisions of the board of adjustments, appeals and codes during said year.
(h) 
Letter of compliance.
A letter indicating compliance with the provisions of this code may be issued by the building official.
(i) 
Occupancy of buildings.
No building or structure which has been condemned and placarded as unfit for human habitation, occupancy, or use shall again be used for such habitation, occupancy or use until approval is served from the building official and such placard is removed by the building official.
(j) 
Removal of placard or notice.
No person shall deface or remove the placard from any building or structure which has been condemned as unfit for human habitation, occupancy, or use and placarded as such. Any such act by a person or persons shall be considered a class C misdemeanor punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(k) 
Requiring owner to secure condemned structures.
Whenever a structure is condemned and placarded as unfit for human habitation or occupancy, all windows, doors, or other structural openings must be secured immediately to prevent access by unauthorized persons. A structure shall be considered as properly secured hereunder when access to the interior is prevented by:
(1) 
The use of window locks, door locks, padlocks, or other appropriate locking mechanisms;
(2) 
Completely enclosing or boarding over structural openings with plywood, lumber, or other building materials;
(3) 
Totally enclosing the structure with a temporary chain link construction fence at least (6) feet in height that is locked during nonconstruction periods; or
(4) 
Other acceptable means of securing the structure, approved by the board upon the written petition of the owner, contractor, or other person in control of the premises.
It shall remain the owner’s responsibility to keep it secured throughout any repair or appeal period. Upon the owner’s failure to prevent access, the city may secure the building and either charge the owner or add the costs to its demolition lien. The owner’s failure to comply is also a class C misdemeanor and with each day a separate offense.
(l) 
City’s right to secure substandard or condemned buildings.
When a building or structure violates the minimum standards and is unoccupied or occupied only by persons who do not have a right of possession to the building, the city may, at its discretion, secure the building.
(Ordinance 2-05 adopted 10/8/02)
(a) 
Appointment.
(1) 
There is hereby created by the city council a board to be known as the board of adjustments, appeals and codes which shall consist of not less than five (5) members appointed by the city council. The members shall be residents of the city. Members shall include: one (1) realtor; one (1) building materials dealer; one (1) physician; one (1) member at large; and one (1) architect, engineer, or general contractor. In the event it is not possible to fill the membership of the board in all the categories listed above, the city council may select the remaining membership from the residents of the city.
(2) 
The members of the board shall organize by electing a vice-chair and secretary. Thereafter; officers shall be elected by the members at the first annual meeting of the board.
(b) 
Meetings.
The board shall meet at regular intervals to be determined by the presiding officer, but in any event, the board shall meet for public hearings as scheduled by the building official. Reasonable notice of the place, time and date of such meetings shall be given all the members of the board and all interested parties in each case to be heard by the board. Three (3) members shall constitute a quorum. The city administrator shall attend all meetings held. Should the city administrator be unable to attend, another city supervisory official shall attend in the city administrator’s absence as said administrator directs. The administrator, mayor or any councilperson who is present is there in an advisory capacity only and has no official powers or duties. Further the city attorney may be present to advise the board regarding legal issues and in order to insure compliance with the legal procedures as set out in this article and applicable state and federal law.
(c) 
Duties.
The duties of the board shall be:
(1) 
To consider all evidence and testimony in order to determine whether a building is an urban nuisance in violation of the standards set forth in this article.
(2) 
To make findings and take action as set forth and authorized to the board in this article.
(3) 
To make a detailed report of its activities and actions to the city council at its next regular meeting by one of the board members. A report is only necessary prior to and immediately after convening as a board to conduct public hearings and should the work not be performed timely by the owner to make and enter any additional orders regarding repair or demolition by the city itself.
(d) 
Procedure.
The board shall establish its own rules of procedure for accomplishment of its duties and functions, provided that such rules shall not be in conflict with the provisions of this code and the laws of the state.
(e) 
Responsibility to conduct public hearings.
(1) 
The urban standards board of adjustments, appeals and codes shall have the authority to conduct public hearings, to review the evidence, and to order substandard buildings be vacated, secured, repaired, removed, or demolished within a reasonable time pursuant to the procedures set out in this article.
(2) 
All decisions of the board shall be in writing and shall indicate the vote upon the decision and specific findings with supporting reasons and facts. A copy of all decisions shall be promptly filed in the office of the building official and shall be open to public inspection. The secretary shall notify the appellant in writing of the final action of the board.
(3) 
If the order requires that the building or structure be repaired, secured, removed, vacated, etc., the matter will again be reviewed by the board at the conclusion of the period of time stated in the order for completion of those repairs or demolition. The owner will be given notice of this consideration by first class mail, postage prepaid. Following this hearing, the board shall enter any additional order which it determines necessary to cause the building or structure or portion thereof to become safe, sanitary and fit for human habitation, occupancy, or use or have the building or structure demolished.
(Ordinance 2-05 adopted 10/8/02)
The city shall make a reasonable effort to determine the identity and address of the owner and any lienholder of any building for which the subject abatement proceedings are initiated. The city satisfies this requirement of making a reasonable effort to determine the identity and address of an owner or lienholder if the city searches or causes to be searched the following records:
(1) 
County real property records;
(2) 
Appraisal district records;
(3) 
Records of the secretary of state as to any corporate owner or lienholder;
(4) 
Assumed name records of the county clerk;
(5) 
City’s tax records; and
(6) 
City’s utility records.
(Ordinance 2-05 adopted 10/8/02)
(a) 
The building official shall cause a written notice to be sent to the owner and any lienholder of any building for which abatement proceedings under this article are initiated. The notice shall advise of the time, date and place of a public hearing to be held by the city board of adjustments, appeals and codes to determine whether the building constitutes an urban nuisance as defined above. The notice shall include a statement that the owner and any lienholder will be required to submit at the hearing proof of the scope of any work that may be required to eliminate the nuisance condition of the building and the time it will take to reasonably perform such work. The notice shall 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 municipal standards that exist regarding the building; and
(3) 
A statement that the city will vacate, secure, or has secured, remove or demolish the building if any action ordered by the board is not taken within a reasonable time as specified in the board’s order.
(b) 
The city shall make a diligent effort to determine the identity and address of any owner and lienholder of any building processed under this article and shall personally deliver or mail the notice of hearing to any such owner and lienholder by certified mail, return receipt requested. Notice of the hearing shall be mailed at least fifteen (15) days prior to the hearing date. If the notice as set forth herein is mailed and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice shall be deemed as delivered.
(Ordinance 2-05 adopted 10/8/02)
At the hearing the building official or his agent or representative shall present evidence supporting his determination that the building appears to constitute an urban nuisance. The property owner and lienholder, if present, shall be allowed to examine any demonstrative evidence and cross-examine the building official and any witnesses for the city. The hearing shall not be required to be conducted in accordance with technical rules of law relating to evidence and testimony, but the board shall give any building owner and lienholder a full, fair and impartial hearing on the merits of the issue of whether the building constitutes an urban nuisance as defined herein and any reasonably related issue. In a hearing to determine whether a building complies with the standards required herein, the owner or lienholder 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. Subpoenas may be issued prior to the hearing upon the request of any board member, the building official, the building owner or any lienholder. Any person who refuses, without excuse deemed reasonable by the board, to respond to any subpoena issued and served hereunder shall be guilty of a violation of this article and subject to prosecution in the municipal court. The board’s hearing shall be deemed a public hearing subject to the requirements of the state open meetings law.
(Ordinance 2-05 adopted 10/8/02)
(a) 
After the public hearing, if the board finds a building to be an urban nuisance in violation of the standards set forth above, it may order the building to be vacated, secured, repaired, removed or demolished within a reasonable time as provided herein. Any such order shall require the owner or lienholder of the building to, within thirty (30) days:
(1) 
Secure the building from unauthorized entry; or
(2) 
Repair, remove or demolish the building, unless the owner or lienholder establishes at the hearing that such work cannot reasonably be performed within thirty (30) days.
(b) 
If the board allows the owner or lienholder more than thirty (30) days to repair, remove or demolish the building, it shall establish specific time schedules for the commencement and performance of the work and shall require the owner or lienholder to secure the property in a reasonable manner from unauthorized entry while the work is being performed. The board may not allow the owner or lienholder more than ninety (90) days to repair, remove or demolish the building or fully perform all work required to comply with its order unless the owner or lienholder:
(1) 
Submits at the hearing a detailed plan and time schedule for the work; and
(2) 
Establishes at the hearing that the work cannot reasonably be completed within ninety (90) days because of the scope and complexity of the work.
(c) 
If the board allows the owner or lienholder more than ninety (90) days to complete any part of the work required to repair, remove or demolish the building, the board shall require the owner or lienholder to regularly submit progress reports to the city to demonstrate compliance with the time schedules established for commencement and performance of the work. The board may require the owner or lienholder to appear before the board or the board’s designee to demonstrate compliance with the time schedules. If the owner or lienholder owns property, including structures or improvements on property, within the municipal boundaries that exceeds $100,000.00 in total value, the board may require the owner or lienholder to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing the subject building. In such event the bond must be posted not later that the 30th day after the date the board issues its order.
(Ordinance 2-05 adopted 10/8/02)
(a) 
Within ten (10) days after the date any order is issued by the board, the city 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:
(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.
(b) 
After the hearing the city shall promptly mail by certified mail, return receipt requested, or personally deliver a copy of the board’s order to the owner and any lienholder of the building. If the notice of the board’s order is mailed to the owner and any lienholder of the building in accordance with this section and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected and the notice shall be considered delivered.
(Ordinance 2-05 adopted 10/8/02)
If the owner and/or any lienholder of a building fails to abate the urban nuisance by performing the work required in the board’s order within the time allowed for it therein, the city may itself perform such work and assess the expenses incurred in performing the work as a lien against the land upon which the building is located. The lien arises and attaches to the property upon the filing of a notice of the lien in the official records of Smith County or Cherokee County. The notice of lien must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses by the city, and the balance due thereon. Such liens shall be a privileged lien subordinate only to tax liens, subject to homestead exemption if applicable.
(Ordinance 2-05 adopted 10/8/02)
(a) 
It shall be the responsibility of the building official to carry out the terms and conditions of the demolition order as directed by the board of adjustments, appeals and codes. In so doing, he is authorized to contract the work at city expense. The building official shall prepare a certified statement of charges incurred by the city to repair or demolish the building or structure. All costs of demolition or repairs shall be the personal obligation of the person who owns the building at the time of the demolition order was issued and shall also be assessed as a lien against the land. An affidavit of lien shall be filed with the Smith and/or Cherokee County Clerk and a demand for payment issued to the owner.
(b) 
Before selling any building, structure or portion thereof upon which the notice has been posted pursuant to section 3.05.009, the owner is required to give the following notices in writing:
(1) 
To the buyer, a notice stating; “The Housing Official of the City of Troup has determined that building on __________ (lot & block),__________ (street address) is unsafe for occupancy. Occupancy of this building is prohibited and administrative proceedings are in progress to require repair or demolition of this building to be accomplished at the expense of the owner.”
(2) 
To the city building official, Post Office Box 637, Troup, Texas 75789, a notice stating “I am selling the property located at __________ (lot & block) __________ (street address) __________ (name of buyer) whose address is (mailing address and street address) __________. The date of the sale is (month, date, year) __________.”
(c) 
If the owner fails to give the notices required by this section, he shall be deemed guilty of a misdemeanor and upon conviction be punished by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(Ordinance 2-05 adopted 10/8/02)
Any owner or lienholder aggrieved by an order issued pursuant to the foregoing sections shall have a right to judicial review as set forth in section 214.0012 of the Texas Local Government Code, or any amendment thereto.
(Ordinance 2-05 adopted 10/8/02)
(a) 
The board of adjustments, appeals and codes may assess, pursuant to authority under chapter 214 of the Local Government Code, a civil penalty against the property owner for failure to repair, remove or demolish a building ordered to be repaired, removed or demolished by the board, which civil penalty shall be in an amount not to exceed $1,000.00 per day for each violation or, if the owner shows that the property is the owner’s lawful homestead, in an amount not to exceed $10.00 per day for each violation, if the city proves:
(1) 
The property owner was notified of the requirements of this article and the owner’s need to comply with the requirements; and
(2) 
After notification, the property owner committed an act in violation of this article or failed to take an action necessary for compliance with this article.
(b) 
Such penalties shall be assessed and set out in a written notice to be sent to the owner, certified mail, return receipt requested, after the expiration of time allowed for the owner to abate the urban nuisance by performing the work required in the board’s order.
(Ordinance 2-05 adopted 10/8/02)
Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish or change an unsafe building or structure or to cause any such work to be done shall first make application for and obtain any required permits.
(Ordinance 2-05 adopted 10/8/02)
(a) 
Board of adjustments, appeals, codes: $75.00 (nonrefundable).
(b) 
Demolition permits: $50.00 (not before board of appeals).
(c) 
Demolition permits: $100.00 (if before board of appeals).
(Ordinance 00-8 adopted 8/10/00)