Buildings or structures, as hereinafter described, including fences, sheds, awnings or any part of a structure shall be deemed unsafe, dilapidated, substandard or unfit for human habitation, or a hazard to public health, safety and welfare, and are hereby declared to be unsafe and illegal and shall be abated as provided herein.
(1) 
Every dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower and a water closet, all in good working condition and properly connected to an authorized water and wastewater or sewer system. Every plumbing waste pipe shall be properly installed and maintained in good sanitary water working condition, free from defects, leaks and obstructions according to the requirements of the International Residential Code (IRC), the International Plumbing Code (IPC) and the National Electrical Code (NEC), and all nonresidential structures shall additionally meet the standards of the International Building Code (IBC).
(2) 
All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same.
(3) 
Every dwelling unit shall have connected to the kitchen sink, lavatory and tub or shower an adequate supply of both cold and hot water. All water shall be supplied through an authorized pipe distribution system connected to a potable water supply.
(4) 
All buildings, structures, and electrical, gas, mechanical or plumbing systems which are unsafe or unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which, in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of this article and the orders of the city council.
(5) 
Substandard structures include but are not limited to the following:
(A) 
All buildings or structures that have become deteriorated through natural causes or by damage through exposure to the elements, especially wind, hail or rain; or damage through fire to the extent that the roof, windows, and floors or portions of the house, building or structure which protect from weather will no longer reasonably protect from the weather; or which shall have an unsecured opening in the building or structure permitting unauthorized entry into the building or structure by another person or persons;
(B) 
All buildings or structures which constitute or in which are maintained fire hazards, such as by containing accumulations of flammable materials, and represent a fire hazard to surrounding property;
(C) 
All buildings or structures which are so structurally deteriorated that they are in danger of collapse, or which cannot be expected to withstand the reasonably anticipated storms; and
(D) 
All buildings or structures permitted to exist in such manner as to constitute a menace to health or safety, including all conditions conducive to the harboring of rats or mice or other disease-carrying animals or insects reasonably calculated to spread disease.
(Ordinance 091906, sec. 1, adopted 9/19/06; Ordinance adopting Code)
Dilapidated, unsafe or hazardous buildings or structures may be ordered to be and shall be vacated, secured, repaired, removed or demolished under the following conditions, regulations and procedures:
(1) 
When it shall come to the attention of the city council that a building or structure in the city is unsafe under the terms of section 3.03.001, the council may cause an inspection to be made and may notify the owner of such building or structure, or his authorized agent or representative, to appear and show cause why such building should not be declared to be unsafe and why he should not be ordered to vacate, secure, repair, remove or demolish or clean up such building or structure pursuant to the order of the council.
(2) 
Notice may be served by delivery of a copy thereof to the owner or the person in possession in person or by depositing such notice with the United States Postal Service, certified or registered mail, for delivery to the address of the property or the address of the owner as shown on the county appraisal district tax rolls, or if such premises be unoccupied and the ownership unknown, by attaching a copy of such notice in a place of prominence on such building or structure or by advertising same by publication thereof in a newspaper of general circulation in the county. Such notice shall state the time and place of such hearings and the subject to be considered, which time shall not be earlier than ten (10) days from the date of publication or service, as may be the case. Such notice will include 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.
(3) 
On the date for which notice has been given, the city council shall hold a hearing open to the public to determine whether the building or structure is in violation of the standards set out in this article, and if so found, the council may issue an order setting forth the conditions which shall be corrected to abate the violation and shall set forth a reasonable time within which to comply with the order. If the owner does not comply with the order in the time prescribed, the city will make a diligent effort to discover each mortgagee and lienholder having an interest in the property and will send to each identified mortgagee and lienholder a notice containing an identification of the building and the property, a description of the violation present at the building and a statement that the city will vacate, secure, remove, demolish or repair the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time.
(4) 
Within 10 days after the date the order is issued, the city will file a copy of the order in the office of the city secretary and publish a notice in a newspaper of general circulation in the city, which notice will contain the street address or legal description of the property, the date of the hearing, a brief statement of the order and instructions stating where a complete copy of the order may be obtained.
(5) 
If the city incurs expenses under the terms of this article, it may assess the expenses on and against the property on which the building was located, unless the property is a homestead as protected by the state constitution.
(6) 
If it shall appear to the city council that a building or structure is unsafe and involves an immediate and serious danger to life or property, it may take emergency measures including:
(A) 
Ordering the immediate vacation of the building or structure or adjacent buildings or structures;
(B) 
Ordering the vacating of any danger area around such building or structure, including fencing off of such area;
(C) 
Measures to render such building or structure safe such as shoring and bracing or closure of openings; and
(D) 
The posting of notice on or near such building or structure notifying the public of such orders and ordering all persons to keep out of such building or structure and the areas of danger surrounding it.
When emergency measures are ordered, notice shall be given to the owner or his authorized agent, if the same shall be known, by personal service if such can be accomplished without increasing the danger to life or property; by depositing the notice in the United States mail addressed to the owner at the owner’s post office address; by publishing the notice at least twice within a 10-day period in a newspaper of general circulation if personal service cannot be obtained and the owner’s post office address is unknown; or by posting the notice on or near the front door of the building if personal service cannot be obtained and owner’s post office address is unknown.
(7) 
Pursuant to section 214.0015 of the Texas Local Government Code, after the expiration of the time allotted by the city council pursuant to this article, the city may take action to abate the conditions of violation at the expense of the city and assess the expenses on the land or it may assess a civil penalty against the property owner for failure to take corrective action. Any civil penalty or other assessment imposed shall accrue interest at the rate of 10 percent per annum from the date of the assessment until paid in full. A lien acquired under this article for repair expenses will not be foreclosed if the property is occupied as a residential homestead by a person 65 years of age or older. The city, by order of the council, may assess and recover a civil penalty against a property owner at the time of an administrative hearing on violations of an ordinance, in an amount not to exceed $1,000.00 a day for each violation or $10.00 a day when the property is shown to be a homestead, if:
(A) 
The property owner was notified of the requirements of the ordinance and the owner’s need to comply with the requirements; and
(B) 
After notification, the property owner committed an act in violation of the ordinance or failed to take an action necessary compliance with the ordinance.
(Ordinance 091906, sec. 2, adopted 9/19/06)
Any person who shall willfully refuse or fail to leave a building which has been ordered vacated under the terms of this article, or who shall enter an area around such building that has been declared to be dangerous and notice of which shall have been posted, and any person who shall willfully interfere with or hinder the vacation, repair, securing, removal or demolition of any building under the terms of this article, or any owner who shall willfully allow conditions to exist which are in violation of this article, shall be deemed guilty of a misdemeanor, shall be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code, and upon conviction shall be so fined, and every day’s violation shall constitute a separate, distinct offense. In cases where the owner or occupant of any substandard building or structure ordered vacated, repaired, secured, removed or demolished under the terms of this article is a corporation, the president, vice-president or other officer or employee found responsible for the actions of the corporation may also be severally liable for the penalties herein provided.
(Ordinance 091906, sec. 3, adopted 9/19/06; Ordinance adopting Code)