This subchapter 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 and/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 2011-27(f) adopted 11/12/15)
For the purpose of this subchapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
APPRAISED VALUE.
The value given the structure by the County Tax Assessor’s
office.
BUILDING.
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.
CITY.
The City of Ivanhoe, Texas.
DILIGENT EFFORT.
Best or reasonable effort to determine the identity and address
of an owner, a lien holder, or a mortgagee, including a search of
the following records:
(1)
County real property records of the county in which the building
is located;
(2)
Appraisal district records of the appraisal district in which
the building is located;
(3)
Records of the Secretary of State;
(4)
Assumed name records of the county in which the building is
located;
IPMC.
The International Property Maintenance Code.
MINIMUM HOUSING STANDARDS.
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 Tex. Local Government Code, Ch. 214.
OWNER.
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.
STRUCTURE.
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 2011-27(f) adopted 11/12/15)
Any building or structure requiring repair, removal, or demolition,
as described and defined herein below, 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 subchapter regarding
repair, removal, or demolition.
Penalty, see sec. 152.999
(Ordinance 2011-27(f) adopted 11/12/15)
The following standards shall be utilized in determining whether
a building should be ordered repaired, removed, or demolished.
(A) The
building or structure is liable to partially or fully collapse.
(B) 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.
(C) Any
wall or other vertical structure 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 of its base.
(D) The
foundation or the vertical or horizontal supporting members are 25%
or more damaged or deteriorated.
(E) The
non-supporting coverings of walls, ceiling, roofs, or floors are 50%
or more damaged or deteriorated.
(F) 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.
(G) 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.
(H) The
structure does not have adequate light, ventilation, or sanitation
facilities as required by the city.
(I) 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.
(J) 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 2011-27(f) adopted 11/12/15)
(A) An
inspection shall be made from the city right-of-way of every building
located within the city which is suspected of being in violation of
this subchapter. The Code Enforcement Officer must acquire an administrative
warrant signed from the City Magistrate to conduct inspections of
buildings suspected of being in violation of this subchapter and take
such actions as may be required to enforce the provisions of this
subchapter.
(B) No
water, gas service, or electricity shall be provided to any dwelling
unit found to be substandard, which is or becomes vacant, until such
dwelling unit has been brought into compliance with the provisions
of this subchapter. If an on-site septic facility does not exist,
a permit to install one must be part of the compliance provisions
of this subchapter.
(C) The
Code Enforcement Officer contacts the property owner to resolve a
violation. Certified mail may be used if personal contact with the
property owner fails.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) Whenever
a violation of this subchapter has been discovered and reported by
the Code Enforcement Official or his or 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 subchapter.
(B) A
notice of the hearing shall be sent to the occupant, if any, and record
owner, lien holder, 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 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;
(4) The nature of the violation;
(5) The date, time, and location of the hearing; and
(6) A statement that the owner, lien holder, or mortgagee will be required
to submit at the hearing proof of the scope of any work that may be
required to comply with the subchapter and the time it will take to
reasonably perform the work.
(D) Upon
placement of notice on the building or as close to the front door
as practicable, a person commits an offense if, without authority
from the Code Enforcement Official or his or her designee:
(1) He or she defaces, removes, or destroys a notice placed or caused
to be placed by the Code Enforcement Official or his or her designee;
(2) He or she enters, occupies, or otherwise uses a structure on which
notice has been placed; or
(3) As owner or operator of a structure, he or she authorizes a person
to enter, occupy, or otherwise use a structure on which notice has
been placed.
Penalty, see sec. 152.999
|
(Ordinance 2011-27(f) adopted 11/12/15)
(A) The
date of the hearing shall not be less than fourteen days after notice
is made (as described in sec. 152.024).
(B) If
a building is found to be in violation of this subchapter, the city
shall require the owner, lien holder, 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,
lien holder, 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, lien holder, 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, lien holder, 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% 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 subchapter, it shall be demolished
or removed.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) After
the public hearing, the city may order that the owner, lien holder,
or mortgagee to, within 30 days:
(1) Secure the structure from unauthorized entry (if the city secures
the structure prior to a hearing, notice and similar procedures are
still required); or
(2) Repair, remove, or demolish the structure, unless the owner or lien
holder establishes at the hearing that the work cannot reasonably
be performed within 30 days.
(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 lien holder or mortgagee of the building. The city shall
make a diligent effort to discover each owner, mortgagee, and lien
holder having an interest in the building or property on which the
building is located.
(C) If
the ordered action is demolition of the building or structure, demolition
supported by a probable cause affidavit stating that: the building
or structure constitute a nuisance; the city has complied with the
procedures set forth in this subchapter; demolition has been ordered
by the city; and the time for appeal of the order to district court
has expired and no appeal has been taken or, in the alternative, the
order was appealed to district court but the appeal has been finally
resolved in a manner that does not prevent the city from proceeding
with demolition.
(D) If
ordered action is repair to the structure, said structure shall be
brought into compliance with the provisions of the current IPMC adopted
by the city. Repairs to such structures shall be completed and a certificate
of occupancy issued within a period not exceeding 150 days from the
date action ordered.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) In
addition to the order, each identified mortgagee or lien holder shall
be sent a notice containing:
(1) An identification of the building and property on which it is located
(this does not have to be a legal description);
(2) A description of the violation of the subchapter; and
(3) A statement that the municipality may demolish the building if the
ordered action is not taken.
(B) If
the notice is returned “refused” or “unclaimed”,
the validity of the notice is not affected and the notice shall be
deemed delivered.
(C) Within
ten days after the date that the order is issued, the city shall:
(1) File a copy of the order in the office of the City Secretary; and
(2) Publish a notice in a newspaper of general circulation in the city
(and where the building is located) stating:
(a) The street address or legal description of the property;
(c) A brief statement indicating the results of the order; and
(d) Instructions as to where a complete copy of the order may be obtained.
(Ordinance 2011-27(f) adopted 11/12/15)
The owner, lien holder, 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 30 calendar
days from the date the order is mailed to the owner, lien holder,
or mortgagee, as provided herein.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) Whenever
it is discovered upon re-inspection that the owner, mortgagee, or
lien holder 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 lien holder
having an interest in the building or in the property which the building
is located and shall personally deliver or send by certified mail,
return receipt requested, to each a notice containing:
(1) An identification of the building and property on which it is located
(this does not have to be a legal description);
(2) A description of the violation of the subchapter; and
(3) A statement that the municipality will remove or demolish the building
if the ordered action is not taken.
(B) Whenever
it is discovered upon re-inspection that the owner, mortgagee, or
lien holder 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 lien holder of said land, or otherwise assess the expenses against
the property on which the building is located.
(C) If
such work is done at the expense of the city, then the 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.
(D) 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 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 subchapter. Such judicial determination may include any available
remedy for the abatement of such a nuisance.
(Ordinance 2011-27(f) adopted 11/12/15)
(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 state’s Constitution.
(B) The
lien arises and attaches to the property when the city has the lien
recorded and indexed with the Clerk of the county 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 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;
(5) The date on which said work was done or improvements made.
(C) 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
certified copy thereof, shall be prima facie proof of the amount expended
for such work or expense.
(D) 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 2011-27(f) adopted 11/12/15)
Neither the city nor any authorized agent acting under the terms
of this subchapter shall be liable or have any liability by reason
of orders issued or work done in compliance with the terms of this
subchapter.
(Ordinance 2011-27(f) adopted 11/12/15)