The purpose of this article is to provide a just, equitable and practical method, to be cumulative with and in addition to any other remedy provided by chapter 214 of the Texas Local Government Code, or other applicable law, whereby buildings or property, as defined in this article, which from any cause endangers the life, health, property, safety, or welfare of the general public or their occupants, may be required to be brought into compliance with this article, repaired, vacated, demolished, removed, or secured.
(Ordinance 15-05, sec. 2, adopted 7/21/15)
Building.
Includes any building, fence, awning, canopy, sign, shed, garage, house, tent or other structures whatsoever, and the enumeration of specific types of structure shall not be deemed to exclude other types of structures to which the sense and meaning of the provisions hereof in context reasonably have application.
Property.
The related real property on which a building is, or could be located.
Record owner.
The owner of property as shown on the most recent approved municipal tax role.
Substandard building.
A building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare as provided by state law.
Town building official.
An employee of the town or a representative of a company contracted by the town to administer and/or enforce the provisions of the town’s building codes and ordinances, as amended.
(Ordinance 15-05, sec. 3, adopted 7/21/15)
(a) 
General.
The town building official is authorized to enforce and interpret the provisions of this article.
(1) 
Authority to inspect property.
Whenever the town building official, or his/her designee, has reasonable cause to believe that there exists property that lacks adequate water, sewer or electric service, or a condition which is contrary to, or in violation of this article which makes the property unsafe, dangerous or hazardous, or a public health concern, the town building official, or his/her designee, may enter the property to inspect/identify potential violation(s) of this article upon notice as stated in subsection (3).
(2) 
Authority to inspect building.
Whenever the town building official, or his/her designee, has reasonable cause to believe that there exists a building that lacks adequate water, sewer or electric service, or a condition which is contrary to or in violation of this article which makes the building unsafe, dangerous or hazardous, or a public health concern, the town building official, or his/her designee, may only enter the building upon notice as stated in subsection (3) and obtaining an administrative search warrant or judicial order.
(3) 
Notice prior to inspection.
No inspection of property or a building may occur until the record owner has been given seven (7) consecutive days to provide proof that said property or building is not in violation of this article, unless an emergency has been declared by the town’s mayor.
(b) 
Abatement of substandard buildings or property.
All buildings, or property, or portions thereof which are determined, after inspection by the town building official, to be a substandard building, or lack adequate potable water, sewer or electric connections as defined by this article, are declared to be public nuisances and shall be abated by connection to utilities, repair, vacation, removal, or securing in accordance with the procedures specified in chapter 214 of the Texas Local Government Code, or other applicable law.
(c) 
Unlawful to violate article.
No record owner or other person shall occupy or allow any substandard building or property in violation of this article.
(d) 
Inspection authorized.
All buildings or property as defined in this article shall be subject to proof of connectivity to utilities (water, sewer and electric services) and may be inspected by the town building official to determine compliance. If proof of utility connection is requested by the town building official, the record owner shall comply within seven (7) consecutive days from the date of the request.
(Ordinance 15-05, sec. 4, adopted 7/21/15)
(a) 
Any building or property is in violation of this article if one or more of the following exists:
(1) 
Lack of, or improper, water service to a building;
(2) 
Lack of, or improper, sanitary sewer service to a building;
(3) 
Lack of adequate electric service to a building; or
(4) 
Damaged connections to a sewage disposal system that results in flow of sewage on the ground.
(b) 
Any of the items listed in subsection (a), above, shall constitute a public nuisance and shall be deemed a substandard building.
(Ordinance 15-05, sec. 5, adopted 7/21/15)
The building official may take any or all of the following actions:
(1) 
Issue notice to the record owner that a violation of this article exists and a required timeframe for compliance; and/or
(2) 
Issue citation(s) for violation(s) of this article; and/or
(3) 
Recommend to the town council that proceedings be commenced pursuant to chapter 214 of the Texas Local Government Code, or other applicable law.
(Ordinance 15-05, sec. 6, adopted 7/21/15)
When the town building official has determined that a building is a substandard building, the town council shall conduct a public hearing to determine whether a building or the property complies with the standards set forth in this article in accordance with the provisions of this article.
(Ordinance 15-05, sec. 7, adopted 7/21/15)
Notwithstanding all other provisions of this article, nothing in this article shall be deemed a limitation on the authority of the town council to summarily order the compliance with the provisions of this article necessary to the protection of life, property, public health, safety, or general welfare of the citizens of the town.
(Ordinance 15-05, sec. 8, adopted 7/21/15)
Any person, corporation, partnership, association, trust, or other entity violating any provision of this article shall be deemed guilty of an offense and upon conviction shall be punished by a fine not to exceed two thousand dollars ($2,000.00) per day. The violation thereof shall be deemed a separate offense and punished accordingly.
(Ordinance 15-05, sec. 12, adopted 7/21/15)