It is the purpose of this article to provide a just, equitable and practicable method whereby buildings or structures which are dilapidated, unsafe, dangerous, unsanitary, or are a menace to the life, limb, health, morals, property, safety, and general welfare of the citizens of the city, or which tend to constitute a fire hazard, may be required to be repaired, vacated, or demolished.
(1996 Code of Ordinances, Chapter 3, Article 4.00, Section 4.01)
For the purpose of this article, 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 (1)(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 as described under subsection (1)(A), (B), (C) or (D) above, or for other reasons;
(F) 
Any building or structure occupied by humans that does not have an authorized and valid utility account with the city, and, in operating condition, a connection to potable water at adequate pressure, a connection to discharge sewage from the structure or land into a public sewer system or an approved private septic system, and:
(i) 
For residential buildings, a kitchen sink, bathtub or shower, a lavatory connected to a cold and hot water source, [and] a toilet connected to a water source and a public sewer system or an approved private septic system.
(ii) 
For commercial buildings, a lavatory connected to a cold and hot water source, [and] a toilet connected to a water source and to a public sewer or approved private septic system.
(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.
(3) 
Any building that is boarded up, fenced or secured if:
(A) 
The building constitutes a danger to the public health, safety and welfare, even though secured from entry; or
(B) 
The means used to secure the building are inadequate to prevent unauthorized entry or use of the building.
(Ordinance 1462 adopted 6/7/21)
All buildings or structures which are structurally unsafe or which constitute a fire hazard or are otherwise dangerous to human life, or which constitute a hazard to safety, health, or public welfare, by reason of inadequate maintenance, neglect, decay, dilapidation, obsolescence, or abandonment are for the purpose this article declared to be a public nuisance and shall be repaired, vacated, and repaired or demolished as provided in this article.
(1996 Code of Ordinances, Chapter 3, Article 4.00, Section 4.02)
For the purpose of this article, any building or structure which has any or all of the following conditions or defects shall be deemed a dangerous building:
(1) 
Whenever any portion thereof has been damaged in such a manner that the structural strength or stability thereof is appreciably less than it was before such catastrophe and is less than the minimum requirements for a building of similar structure, purpose or location.
(2) 
Whenever any portion or member of appurtenance thereof is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
(3) 
Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give away.
(4) 
Whenever for any reason whatsoever the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used.
(5) 
Whenever the building or structure has been so damaged or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons.
(6) 
Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease, or will tend to work injury to the health, safety, or general welfare of those living within.
(7) 
Whenever any building or structure, by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus, or other cause, is in such condition to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause.
(1996 Code of Ordinances, Chapter 3, Article 4.00, Section 4.03)
(a) 
General.
If the designated city official finds that any building or structure, or any portion thereof, is a dangerous building and therefore a public nuisance as defined in this article, he shall prepare a notice in writing stating, in detail, the conditions which render the building or structure, or portion thereof, a nuisance, and ordering the repair, vacation and repair or demolition thereof within sixty (60) days from the date of the personal service or mailing of the notice.
(b) 
Identification of Property.
The notice provided for above shall set forth the street address and a description sufficient for identification of the building or structure and the premises upon which the building or structure is located.
(c) 
Upon Whom to be Served.
The designated city official shall cause copies of the notice provided for herein to be served upon each of the following; the person, if any, in real or apparent charge and control of the premises involved; the owner of record title; the holder of any mortgage, trust deed, or other lien or encumbrance of record; the owner or holder of any lease of record; the record holder of any other estate or interest in or to the building or structure or the land upon which it is located.
(d) 
Manner of Service; Failure to Receive.
The notice provided for herein shall be served personally upon any person entitled thereto if he can be found within the city limits. If any person entitled thereto is not found within the city limits, service shall be made through registered or certified mail, return receipt requested, and addressed to the person entitled thereto at the address of such person as it appears on the last equalized assessment roll of the county or as known to the designated city official. If no such address so appears or is known to the designated city official, a copy of the notice shall be addressed to such person at the address of the building or structure involved. Service by registered or certified mail shall be complete on the day of mailing. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken under this section.
(e) 
Posting of Copy.
One (1) copy of the notice provided for herein shall be conspicuously posted on the building or structure involved.
(f) 
Affidavits as to Service and Posting; Receipt Card.
Upon giving notice as provided herein, the designated city official shall file with the city secretary an affidavit thereof certifying as to the time and manner in which such notice was given and posted. He shall also file any receipt card which may have been returned to him in acknowledgment of the receipt of such notice by registered or certified mail.
(1996 Code of Ordinances, Chapter 3, Article 4.00, Section 4.04)
(a) 
General Procedure.
Any person aggrieved by any order of the designated city official to repair, vacate and repair, or demolish any building or structure, or portion thereof, may appeal such order to the city council. The appeal shall be in writing and shall state the substance of the order appealed from, shall be submitted to the city secretary within twenty (20) days from the date of personal service or mailing of the notice or order to repair, vacate and repair, or demolish, which is being appealed. The city secretary shall set the matter for hearing before the city council. Notice of the date, hour and place of the hearing shall be posted and served at least ten (10) days before the date set for the hearing in the manner and upon the persons specified in Sections 3.504(c) and 3.504(d). The notice shall order interested parties who desire to be heard to appear and show cause why the building or structure, or portion thereof, involved in the proceedings should not be repaired, vacated and repaired, or demolished.
(b) 
Hearing.
At the time stated in the notice, the city council shall hold a hearing, and hear and consider any relevant evidence offered by the designated city official, as well as the owner, occupant, or person in charge and control, mortgagee or beneficiary under any deed of trust, lessees, or any other person having any estate or interest in the building or structure, pertaining to the matters set forth in the notice to repair, vacate and repair, or demolish.
(c) 
Findings of Fact and Decision.
Within thirty (30) days after the conclusion of the hearing, the city council shall make written findings of fact as to whether or not the building or structure or portion thereof is unsafe and a public nuisance, and shall render its decision. All decisions of the city council shall be made in writing to the designated city official with a duplicate copy of such decisions and findings being sent to the appellants.
(d) 
Order When Appeal Denied.
If, from a full and fair consideration of the evidence and testimony received at the hearing, the city council shall determine that the building or structure, or any portion thereof, is unsafe and a public nuisance, then it shall deny the appeal and issue an order to such effect, certified by the city secretary.
(1996 Code of Ordinances, Chapter 3, Article 4.00, Section 4.05)
(a) 
The following standards shall be followed in substance by the city council in ordering the repair, vacation, or demolition of any building or structure. Any order to demolish rendered pursuant to this section shall not indicate an alternative permission to repair; however, an order to repair may be satisfied by demolition:
(1) 
If the unsafe building can reasonably be repaired so that it will no longer exist in violation of the terms of this article, it shall be ordered repaired.
(2) 
If the unsafe building is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated and repaired.
(3) 
In all cases where an unsafe building cannot be repaired so that it will no longer exist in violation of the terms of this article it shall be vacated and demolished.
(4) 
In cases where an unsafe building is a fire hazard, it shall be repaired, except where the cost of such repairs would exceed fifty percent (50%) of the value of such unsafe building, in which case it shall be demolished.
(b) 
Contents of the Order.
The order of the city council shall:
(1) 
Set forth the information required in Section 3.504.
(2) 
Contain a statement of the particulars which render the building or structure unsafe and a public nuisance.
(3) 
Contain a statement of the things required to be done.
(4) 
Specify the time within which the work required must be commenced, which shall not be less than (10) days after the issuance of the order.
(5) 
Specify a reasonable time within which the work shall be completed.
(6) 
[Contain a] statement advising that if the owner or owners of record are in full agreement with a demolition order, and that if the owner or owners of record are financially unable to abate such nuisance, then the owner or owners of record may grant the city written permission to abate said nuisance, and, in doing so shall grant the city a lien against the real property as described in this article.
(c) 
Posting and Service of the Order.
The designated city official shall cause copies of the order rendered under this section to be posted on the building or structure involved and served in the manner and upon the persons specified in Section 3.504(c).
(1996 Code of Ordinances, Chapter 3, Article 4.00, Section 4.06; Ordinance 1410 adopted 4/9/18)
(a) 
Owner's Failure to Comply.
The owner or other person having charge and control over any building or structure determined by the designated city official or, upon appeal, by the city council to be unsafe and a public nuisance who shall fail to comply with any order to repair, vacate and repair, or demolish such building or structure, or any portion thereof, shall be guilty of a misdemeanor.
(b) 
Occupant or Lessee's Failure to Comply.
The occupant or lessee in possession who fails to comply with any order to vacate any building or structure, or any portion thereof, in accordance with any order given as provided for in this article, shall be guilty of a misdemeanor and liable to a fine in accordance with the general penalty provision in Section 1.109 of this code and each occurrence of violation shall constitute a separate and distinct offense.
(1996 Code of Ordinances, Chapter 3, Article 4.00, Section 4.07)
Whenever an order to repair, vacate and repair, or demolish any building or structure, or any portion thereof, has not been complied with within the time set by the designated city official, or upon appeal, by the city council, the designated city official, or the city council, shall have the power, in addition to any other remedy herein provided, to:
(1) 
Cause the building or structure ordered to be repaired or to be vacated until such time as the necessary repairs have been made. No person shall thereafter occupy or permit to be occupied any such building until and unless the necessary repairs have been made and the designated city official has approved same and issued a permit to reoccupy such building or structure.
(2) 
Cause the building or structure to be demolished, and the land restored to a reasonably clear and level condition, including the filling of any excavation to the finished grade of the surrounding area. The designated city official may sell any such building or structure. Any proceeds from the sale of any building or structure, or group of buildings or structures, over and above the cost of demolition, and of cleaning the site shall be retained to be distributed to the parties or persons lawfully entitled thereto.
(1996 Code of Ordinances, Chapter 3, Article 4.00, Section 4.08)
(a) 
Upon completion of the demolition of any building or structure, or any portion thereof, the designated city official shall cause to be prepared and filed with the city council a report specifying:
(1) 
the work done;
(2) 
the cost of the work and incidental expenses;
(3) 
a description of the real property upon which the building or structure was located;
(4) 
the names and addresses of the persons entitled to notice pursuant to Section 3.504(b); and
(5) 
the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof.
(b) 
The term "incidental expenses" shall include, but not be limited to, the expenses and costs of the city in the preparation of notices, specifications and contracts, inspection of the work, and the cost of printing and mailing required hereunder.
(1996 Code of Ordinances, Chapter 3, Article 4.00, Section 4.09)
(a) 
Upon filing of the report of the designated city official, as provided in Section 3.509, the city council shall, by resolution, fix the day, hour and places when it will hear and pass upon the report, together with any objections or protests which may be raised by any property owner liable to be assessed for the cost of such demolition, and any other interested persons. At least ten (10) days before the date set for the hearing, the designated city official shall cause copies of his report and notice of the filing of his report and of the day, hour, and place when the city council will hear and pass upon the report, and any objections or protests thereto, to be posted and served in the manner and upon the persons specified in Section 3.504(c). A copy of the notice shall be published once at least ten (10) days prior to the date set for the hearing in the official newspaper of the city. Any person interested in and affected by the proposed assessment may file written protests or objections with the city secretary at the time prior to the hour set for the hearing on the report of the designated city official. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. Upon the day and hour fixed for the hearing, the city council shall hear and pass upon the report of the designated city official together with any objections or protests which may be raised by any of the property owners liable to be assessed for the cost of the demolition, and any other interested persons. The council may make such revisions, corrections, or modifications in the report as it may deem just, and the report, together with the assessment, shall be confirmed by resolution.
(b) 
The validity of any assessment levied under the provisions of this Section shall not be contested in any action or proceeding unless the same is commenced within thirty (30) days after the assessment is confirmed.
(1996 Code of Ordinances, Chapter 3, Article 4.00, Section 4.10)
(a) 
The amount of the cost of abating such nuisance upon the various lots or parcels of land, including incidental expenses, as confirmed by the city council, shall constitute special assessments against the respective lots or parcels of land, and as thus made and confirmed shall constitute a lien on such property for the amount of such assessments, respectively, until paid. Such lien shall, for all purposes, take priority over all other liens except tax liens or paving assessment liens.
(b) 
Within fifteen (15) days after the special assessment liens are created by action of the city council under this article, the city secretary shall cause a certified copy of such special assessment lien to be filed with the county clerk in the deed records of Grayson County. Such special assessment liens shall bear interest at the rate of ten percent (10%) per annum from the date of filing of the same with the county clerk and such lien shall be collected in the same manner as other assessment liens are collected under the laws of the state.
(1996 Code of Ordinances, Chapter 3, Article 4.00, Section 4.11; Ordinance 1410 adopted 4/9/18)
Any person who removes any notice or order posted as required in this article shall be guilty of a misdemeanor and shall be liable to a fine in accordance with the general penalty provision in Section 1.109 of this code and each occurrence of violation shall constitute a separate and distinct offense.
(1996 Code of Ordinances, Chapter 3, Article 4.00, Section 4.12)
Should any section, clause, or provision of this article be declared invalid by a court of competent jurisdiction, the same shall not affect the validity of this article as a whole or any part thereof, except the part declared invalid.
(1996 Code of Ordinances, Chapter 3, Article 4.00, Section 4.14)