(a)
Responsible Party.
The owner, occupant, or
person in custody of the building or structure.
(b)
Unsafe Building.
Any building or structure
in or about which any or all of the following conditions exist:
(1)
Walls
or other vertical structural members list, lean, or buckle;
(2)
Damage
or deterioration exists to the extent that the building is unsafe;
(3)
Loads
on floors or roofs are improperly distributed or the floors or roofs
are insufficient strength to be reasonably safe for the purposes used;
(4)
Damage
by fire, wind, or other cause has rendered the building or structure
dangerous to life, safety, morals, or the general health and welfare
of the occupants or the people of the city;
(5)
The
building or structure is so dilapidated, substandard, decayed, unsafe,
unsanitary, or otherwise lacking in the amenities essential to the
decent living that the same is unfit for human habitation or is likely
to cause sickness, disease or injury or otherwise to constitute a
detriment to the health, morals, safety, or general welfare of those
persons assembled, working, or living therein or is a hazard to the
public health, safety and welfare;
(6)
Light,
air, and sanitation facilities are inadequate to protect the health,
morals, safety, or general welfare of persons who assemble, work,
or live therein;
(7)
Stairways,
fire escapes, and other facilities of egress in case of fire or panic
are inadequate;
(8)
Parts
or appendages of the building or structure are so attached that they
are likely to fall and injure persons or property;
(9)
Whenever
any door, aisle, passageway, stairway or other means of exit is not
of sufficient width or size or is not so arranged as to provide safe
and adequate means of exit in case of fire or panic;
(10)
Whenever the walking surface of any aisle, passageway, stairway or
other means of exit is so warped, worn, loose, torn or otherwise unsafe
as to not provide safe and adequate means of exit in case of fire
or panic;
(11)
Whenever the stress in any materials, member or portion thereof,
due to all dead and live loads, is more than one half times the working
stress or stresses allowed in the building code for new buildings
of similar structure, purpose or location;
(12)
Whenever any portion thereof has been damaged by fire, earthquake,
wind, flood or by any other cause, to such an extent that the structural
strength or stability thereof is materially less than it was before
such catastrophe and is less than the minimum requirements of the
building code for new buildings of similar structure, purpose or location;
(13)
Whenever any portion or member or appurtenance thereof is likely
to fail or to become detached or dislodged, or to collapse and thereby
injure persons or damage property;
(14)
Whenever any portion of a building, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength
or stability, or is not so anchored, attached or fastened in place
so as to be capable of resisting a wind pressure of one half of that
specified in the building code for new buildings of similar structure,
purpose or location without exceeding the working stresses permitted
in the building code for such buildings;
(15)
Whenever any portion thereof has wracked, warped, buckled or settled
to such an extent that walls or other structural portions have materially
less resistance to winds or earthquakes than is required in the case
of similar new construction;
(16)
Whenever the building or structure, or any portion thereof, because
of:
(17)
Whenever, for any reason, the building or structure, or any portion
thereof, is manifestly unsafe for the purpose for which it is being
used;
(18)
Whenever the exterior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center or gravity does not fall inside the middle one-third of
the base;
(19)
Whenever the building or structure, exclusive of the foundation,
shows 33 percent or more damage or deterioration of its supporting
member or members, or 50 percent damage or deterioration of its nonsupporting
members, enclosing or outside walls or coverings;
(20)
Whenever the building or structure has been so damaged by fire, wind,
earthquake or flood, or has become as dilapidated or deteriorated
as to become:
(21)
Whenever any building or structure has been constructed, exists or
is maintained in violation of any specific requirement or prohibition
applicable to such building or structure provided by the building
regulations of this jurisdiction, as specified in the Uniform and
International Building Code, as adopted by the city, or of any law
or ordinance of this state or jurisdiction relating to the condition,
location or structure of buildings;
(22)
Whenever any building or structure which, whether or not erected
in accordance with all applicable laws and ordinances, has in any
nonsupporting part, member or portion less than 50 percent, or in
any supporting part, member or portion less than 66 percent of the
(A) strength; (B) fire-resisting qualities or characteristics; or
(C) weather-resisting qualities or characteristics required by law
in the case of a newly constructed building of like area, height and
occupancy in the same location;
(23)
Whether a building or structure, used or intended to be used for
dwelling purposes, because of inadequate maintenance, dilapidation,
decay, damage, faulty construction or arrangement, inadequate light,
air or sanitation facilities, or otherwise, is determined by the health
officer to be unsanitary, unfit for human habitation or in such condition
that is likely to cause sickness or disease;
(24)
Whenever any building or structure, because of obsolescence, dilapidated
condition, deterioration: damage, inadequate exits; lack of sufficient
fire restrictive construction, faulty wiring, has connections or heating
apparatus, or other cause, is determined by the fire marshal to be
a fire hazard;
(25)
Whenever any building or structure is in such condition as to constitute
a public nuisance known to the common law or in the equity jurisprudence;
(26)
Whenever any portion of a building or structure remains on, a site
after the demolition or destruction of the building or structure or
whenever any building or structure is abandoned for a period in excess
of six months so as to constitute such building or portion thereof
an attractive nuisance or hazard to the public.
(c)
A condition exists in violation of the standards set forth in subsection (b) which condition renders the building or structure unsafe, unsanitary, or otherwise detrimental to the health, safety, morals, or welfare of the people of the city.
(d)
The
minimum standards prescribed in the building code adopted by the city
and as prescribed by this article apply to use and occupancy of all
buildings in the city regardless of the date of their construction.
A responsible party may continue to use and occupy any building located
within the city; regardless of the date said building was constructed
if such building meets the applicable minimum standards for buildings
as prescribed in the adopted building code of the city and is not
in violation of this article.
(Ordinance 521 adopted 4/13/06)
(a)
It shall
be unlawful for any person to maintain or permit the existence of
any unsafe building in the city; and it shall be unlawful for any
person to permit same to remain in such condition.
(b)
All
unsafe buildings are hereby declared to be public nuisances and shall
be abated by repair, rehabilitation, demolition, or removal in accordance
with the procedures provided in this article.
(c)
The
building official shall enforce the provisions of this article.
(Ordinance 521 adopted 4/13/06)
The building official shall inspect, or cause to be inspected, every building or portion thereof reported to be unsafe. If such building or any portion thereof is determined to be unsafe, the building official shall give the responsible party notice in accordance with the requirements set forth in Sections 3.604 and 3.605 of this article.
(Ordinance 521 adopted 4/13/06)
Whenever the building official determines that a building is
unsafe, he or she shall give notice of such determination to the responsible
party. Such notice shall:
(1)
Be in
writing;
(2)
Identify
the specific conditions upon which such determination was based;
(3)
Specify
the corrective measures required;
(4)
Provide
a reasonable time for compliance;
(5)
Advise the responsible party that there will be a public hearing conducted before the city council to determine whether a building complies with the standards set out in Section 3.601(b) and (c) as hereinabove set forth. Said notice shall inform the responsible party of the date, time and place of the hearing;
(6)
Be served
upon the responsible party as set out in this article.
(Ordinance 521 adopted 4/13/06)
Notice given pursuant to this article shall be deemed properly
served upon the responsible party if a copy thereof is:
(1)
Served
upon him personally;
(2)
Sent
by registered or certified mail, return receipt requested, to the
last known address of such person as shown on the records of the city;
or
(3)
Posted
in a conspicuous place in or about the building affected by the notice.
(Ordinance 521 adopted 4/13/06)
(b)
The
matter shall be set for hearing by the city council at the earliest
practicable date and notice of said hearing shall be served on the
responsible party and the building official not less than ten (10)
days prior to the date of said hearing. All interested persons shall
have the opportunity to be heard and may introduce evidence to said
city council for its members’ consideration.
(c)
After
the public hearing, the city council shall make such findings and
orders as it shall deem appropriate.
(d)
After the public hearing, if a building is found in violation of the standards set out in Section 3.601(b) and (c) of this article, the city council may order that the building be vacated, secured, repaired, removed or demolished by the owner within a reasonable time. The city council also may order that the occupants be relocated within a reasonable time. If the responsible party does not take the ordered action within the allotted time, the said city shall make a diligent effort to discover each mortgagee and lien holder having an interest in the building or the property on which the building is located. The city secretary shall personally deliver or mail notice, certified mail return receipt requested, to each identified mortgagee and lien holder a notice containing:
(1)
An
identification, and address of the building and the property on which
it is located;
(2)
A
description of the violation of the city building code or minimum
standards established by this article that is present at the building;
and
(3)
A
statement that the city will vacate, secure, remove, or demolish the
building or relocate the occupants of the building if the ordered
action is not taken within a reasonable time.
(e)
As an alternative to the procedures prescribed in subsection (d) above, the city council shall make a diligent effort to discover each mortgagee and lien holder before conducting the public hearing and shall give them notice of and an opportunity to comment at the hearing. If the city proceeds under this subsection, the order issued by said city council shall specify a reasonable time for the building to be vacated, secured, repaired, removed or demolished by the responsible party or for the occupants to be relocated by the responsible party and an additional reasonable time for the ordered action to be taken by any of the mortgagees or lien holders in the event the responsible party fails to comply with the order within the time provided for action by the responsible party. Under this subsection, the city is not required to furnish any notice to a mortgagee or penholder other than a copy of the order in the event the responsible party fails to timely take the ordered action.
(f)
Within
10 days after the date that the order is issued, the municipality
shall:
(1)
File
a copy of the order in the office of the municipal secretary or clerk,
if the municipality has a population of 1.9 million or less; and
(2)
Publish
in a newspaper of general circulation in the municipality in which
the building is located 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;
(D)
Instructions stating where a complete copy of the order may be obtained;
(E)
After the hearing, the municipality 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 municipality shall use its best efforts to determine
the identity and address of any owner, lien holder, or mortgagee of
the building;
(F)
In conducting a hearing authorized under this section, the municipality
shall require the owner, lien holder, or mortgagee of the building
to within 30 days:
(g)
If the
municipality allows the owner, lien holder, or mortgagee more than
30 days to repair, remove, or demolish the building, the municipality
shall establish specific time schedules for the commencement and performance
of the work 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.
(h)
A municipality
may 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 the owner, lien holder, or
mortgagee:
(i)
If the
municipality allows the owner, lien holder, or mortgagee more than
90 days to complete any part of the work required to repair, remove,
or demolish the building, the municipality shall require the owner,
lien holder, or mortgagee to regularly submit progress reports to
the municipality to demonstrate compliance with the time schedules
established for commencement and performance of the work. The order
may require that the owner, lien holder, or mortgagee appear before
the hearing official or the hearing official’s designee to demonstrate
compliance with the time schedules. If the owner, lien holder, or
mortgagee owns property, including structures or improvements on property,
within the municipal boundaries that exceeds $100,000 in total value,
the municipality may require the owner, lien holder, or mortgagee
to post a cash or surety bond in an amount adequate to cover the cost
of repairing, removing, or demolishing a building under this subsection.
In lieu of a bond, the municipality may require the owner, lien holder,
or mortgagee to provide a letter of credit from a financial institution
or a guaranty from a third party approved by the municipality. The
bond must be posted, or the letter of credit or third party guaranty
provided, not later than the 30th day after the date the municipality
issues the order.
(j)
In a
public hearing to determine whether a building complies with the standards
set out in an ordinance adopted under this section, the owner, lien
holder, or mortgagee has the burden of proof to demonstrate the scope
of any work that may be required to comply with the ordinance and
the time it will take to reasonably perform the work.
(k)
If a
building is not vacated, secured, repaired, removed, or demolished,
or the occupants are not relocated within the allotted time, the city
may vacate, secure, remove, or demolish the building or relocate the
occupants at its own expense.
(l)
If the city incurs expenses under subsection (k) of this section, the city may assess the expenses on and the city has a lien against, unless it is a homestead as protected by the Texas Constitution, the property on which the building was or is located. The lien is extinguished if the property owner or another person having interest in the legal right to the property reimburses the city for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the county clerk. The notice 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 incurred by the city, and the balance due.
(m)
If the notice is given and the opportunity to repair, remove, or demolish the building is afforded to each mortgagee and lien holder as authorized by subsection (d) or (e) hereof, the lien is a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens attached to the real property to which the city’s lien attaches.
(Ordinance 521 adopted 4/13/06)
(a)
Any
owner, lien holder, or mortgagee of record of property jointly or
severally aggrieved by an order of a municipality issued under this
section or Chapter 214.001 of the Local Government Code may file in
district court a verified petition setting forth that the decision
is illegal, in whole or in part, and specifying the grounds of the
illegality. The petition must be filed by an owner, lien holder, or
mortgagee within 30 calendar days after the respective dates a copy
of the final decision of the municipality is personally delivered
or mailed to them by first class mail, certified return receipt requested,
or such decision shall become final as to each of them upon the expiration
of each such 30 calendar day period.
(b)
On the
filing of the petition, the court may issue a writ of certiorari directed
to the municipality to review the order of the municipality and shall
prescribe in the writ the time within which a return on the writ must
be made, which must be longer than 10 days, and served on the realtor
or the realtor’s attorney.
(c)
The
municipality may not be required to return the original papers acted
on by it, but it is sufficient for the municipality to return certified
or sworn copies of the papers or of parts of the papers as may be
called for by the writ.
(d)
The
return must concisely set forth other facts as may be pertinent and
material to show the grounds of the decision appealed from and shall
be verified.
(e)
The
issuance of the writ does not stay proceedings on the decision appealed
from.
(f)
Appeal
in the district court shall be limited to a hearing under the substantial
evidence rule. The court may reverse or affirm, in whole or in part,
or may modify the decision brought up for review.
(g)
Costs
may not be allowed against the municipality.
(h)
If the
decision of the municipality is affirmed or not substantially reversed,
but only modified, the district court shall allow to the municipality
all attorney’s fees and other costs and expenses incurred by
it and shall enter a judgment for those items, which may be entered
against the property owners, lien holders, or mortgagees as well as
all persons subject to the proceedings before the municipality.
(Ordinance 521 adopted 4/13/06)
(a)
If the city council has held a hearing pursuant to Section 3.606(b) and the time allotted for the repair, removal or demolition of a building under Section 3.606(d) or (e) has expired, the said city council may, in addition to the authority granted under V.T.C.A., Local Government Code, Section 214.001 and Section 3.606:
(1)
Order
the repair of the building at the city’s expense and assess
the expenses on the land on which the building stands or to which
it is attached.
(2)
Assess
a civil penalty against the responsible party for failure to repair,
remove, or demolish the building.
(3)
The
building official shall invite at least two (2) or more building contractors
to make estimates pertaining to the needed repair, removal or demolition
of the building. The building official shall cause to be made an assessment
of expenses or civil penalty based on such estimates. The building
official shall endeavor to minimize the expenses of any building repairs,
removal or demolition order pursuant to this article. The city may
make the necessary repairs, removal or demolition of the building
and assess the expenses or civil penalty based on the cost of performing
such repairs, removal or demolition.
(4)
Notice
of assessment of a civil penalty is sufficient if served upon the
responsible party personally or sent by registered or certified mail,
return receipt requested to the last known address of such responsible
party as shown on the records of the city. Failure to pay the civil
penalty within sixty (60) days after the notice has been served as
set out above shall give rise to a cause of action in favor of the
city, which said cause of action, can be brought in a court of competent
jurisdiction for collection of said civil penalty. The assessment
of a civil penalty and the collection of that penalty is in addition
to and not in lieu of the city’s statutory right to punish by
a fine any person who does not comply with an order issued by the
city council with respect to the removal, repair, or demolition of
an unsafe building or structure.
(b)
The city may repair a building under subsection (a) hereof only to the extent necessary to bring the building into compliance with the minimum standards of the city and only if the building is a residential building with ten (10) or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds the minimum standards prescribed by the city.
(c)
The
city shall impose a lien against the land on which the building stands
or stood, unless it is a homestead as protected by the Texas Constitution,
to secure the payment of the repair, removal, or demolition expenses
or the civil penalty. Promptly after the imposition of the lien, the
city shall file for record in recordable form in the office of the
county clerk, a written notice of the imposition of the lien. The
notice shall contain a legal description of the land.
(d)
Except as provided by Section 3.606 as set forth above, the city’s lien to secure the payment of a civil penalty or the costs of repairs, removal, or demolition is inferior to any previously recorded bona fide mortgage lien attached to the real property to which the city’s lien attaches if the mortgage lien was filed for record in the office of the county clerk before the date the civil penalty is assessed or the repair, removal or demolition is begun by the city. The city’s lien is superior to all other previously recorded judgment liens.
(e)
Any
civil penalty or other assessment imposed under this section accrues
interest at the rate of ten percent (10%) per year from the date of
the assessment until paid in full.
(f)
In any
judicial proceeding regarding the enforcement of municipalities [municipal
rights] under this section, the prevailing party is entitled to recover
reasonable attorney’s fees from the nonprevailing party.
(g)
A lien
acquired under this section by the city for repair expenses may not
be foreclosed if the property on which the repairs were made is occupied
as a residential homestead by a person sixty-five (65) years of age
or older.
(Ordinance 521 adopted 4/13/06)
(a)
This
section applies only to a municipality that has adopted an ordinance
under Section 214.001 of the Texas Local Government Code.
(b)
In addition
to the authority granted to the municipality by Section 214.001 of
the Texas Local Government Code, after the expiration of the time
allotted under Section 214.001(d) or (e) for the repair, removal,
or demolition of a building, the municipality may:
(1)
Repair
the building at the expense of the municipality and assess the expenses
on the land on which the building stands or to which it is attached
and may provide for that assessment, the mode and manner of giving
notice, and the means of recovering the repair expenses; or
(2)
Assess
a civil penalty against the property owner for failure to repair,
remove, or demolish the building and provide for that assessment,
the mode and manner of giving notice, and the means of recovering
the assessment.
(c)
The municipality may repair a building under subsection (b) of this section only to the extent necessary to bring the building into compliance with the minimum standards and only if the building is a residential building with 10 or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds minimum housing standards.
(d)
The
municipality shall impose a lien against the land on which the building
stands or stood, unless it is a homestead as protected by the Texas
Constitution, to secure the payment of the repair, removal, or demolition
expenses or the civil penalty. Promptly after the imposition of the
lien, the municipality must file for record, in recordable form in
the office of the county clerk, a written notice of the imposition
of the lien. The notice must contain a legal description of the land.
(e)
Except
as provided by Section 214.001 of the Texas Local Government Code,
the municipality’s lien to secure the payment of a civil penalty
or the costs of repairs, removal, or demolition is inferior to any
previously recorded bona fide mortgage lien attached to the real property
to which the municipality’s lien attaches if the mortgage lien
was filed for record in the office of the county clerk in which the
real property is located before the date the civil penalty is assessed
or the repair, removal, or demolition is begun by the municipality.
The municipality’s lien is superior to all other previously
recorded judgment liens.
(f)
Any
civil penalty or other assessment imposed under this section accrues
interest at the rate of 10 percent a year from the date of the assessment
until paid in full.
(g)
The
municipality’s right to the assessment lien may not be transferred
to third parties.
(h)
In any
judicial proceeding regarding enforcement of municipal rights under
this section, the prevailing party is entitled to recover reasonable
attorney’s fees from the nonprevailing party.
(i)
A lien
acquired under this section by a municipality for repair expenses
may not be foreclosed if the property on which the repairs were made
is occupied as a residential homestead by a person 65 years of age
or older.
(j)
The
municipality by order may assess and recover a civil penalty against
a property owner at the time of an administrative hearing on violations
of this article, in an amount not to exceed 1,000 a 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 a day for each violation,
if the municipality proves:
(k)
An assessment of a civil penalty under subsection (j) of this section is final and binding and constitutes prima facie evidence of the penalty in any suit brought by a municipality in a court of competent jurisdiction for a final judgment in accordance with the assessed penalty.
(l)
To enforce a civil penalty under this article, city secretary must file with the district clerk of the county in which the municipality is located a certified copy of an order issued under subsection (j) of this section stating the amount and duration of the penalty. No other proof is required for a district court to enter a final judgment on the penalty.
(Ordinance 521 adopted 4/13/06)
(a)
If the
governing body of a municipality finds that a building, bulkhead or
other method of shoreline protection, fence, shed, awning, or other
structure, or part of a structure, is likely to endanger persons or
property, the governing body may:
(1)
Order
the owner of the structure, the owner’s agent, or the owner
or occupant of the property on which the structure is located to repair,
remove, or demolish the structure, or the part of the structure, within
a specified time; or
(2)
Repair,
remove, or demolish the structure, or the part of the structure, at
the expense of the municipality, on behalf of the owner of the structure
or the owner of the property on which the structure is located, and
assess the repair, removal, or demolition expenses on the property
on which the structure was located.
(Ordinance 521 adopted 4/13/06)
(b)
Before
the eleventh (11th) day after the building is secured, the city shall
give notice to the owner by:
(1)
Personally
serving the owner with written notice;
(2)
Depositing
the notice in the United States mail addressed to the owner at the
owner’s post office address;
(3)
Publishing
the notice at least twice within a ten (10) day period in a newspaper
of general circulation in the county in which the building is located
if personal service cannot be obtained and the owner’s post
office address is unknown; or
(4)
Posting
the notice on or near the front door of the building if personal service
cannot be obtained and the owner’s post office address is unknown.
(c)
The
notice must contain:
(1)
An
identification and address of the building and the property on which
it is located;
(2)
A
description of the violation of the city building code or the minimum
standards established by this article that is present at the building;
(3)
A
statement that the city will secure or has secured as the case may
be, the building; and
(4)
An
explanation of the owner’s entitlement to request a hearing
about any matter relating to the city’s securing of the building.
(d)
The
city council shall conduct a hearing at which the owner may testify
or present witnesses or written information about any matter relating
to the securing of the building if, within thirty (30) days after
the date the building is secured, the owner files with the city secretary
directed to the city council a written request for the hearing. The
city council shall conduct a hearing within twenty (20) days after
the date the request is filed.
(e)
The city council will have the same authority to assess expenses under this section as it has under V.T.C.A., Local Government Code, Section 214.001 and Section 3.607 above. A lien is created under this section in the same manner that a lien is created under V.T.C.A., Local Government Code, Section 214.001 et seq. and 3.607 above and is subject to the same conditions as a lien created under the provisions of the Local Government Code and this article.
(Ordinance 521 adopted 4/13/06)
(a)
In the
event the city council makes a determination after the public hearings
required herein that the building be deemed to be an unsafe building,
the building official shall cause to be posted at each entrance to
such building a notice to read as follows:
|
DANGEROUS.
|
|
DO NOT ENTER. UNSAFE TO OCCUPY
|
|
BUILDING OFFICIAL OF THE
|
|
CITY OF PANHANDLE, TEXAS
|
(b)
Such
notice shall remain posted until required repairs, demolition, or
removal is completed and such premises have been rendered safe. Such
notice shall not be removed without written permission of the building
official, and no person shall enter the building except for making
inspections or required repairs or to demolish such building.
(Ordinance 521 adopted 4/13/06)
The city may foreclose a lien on property under this article:
(1)
In a
proceeding relating to the property brought under Subchapter E, Chapter
33, Tax Code; or
(2)
In a
judicial proceeding, if:
(A)
A
building or other structure on the property has been demolished;
(B)
A
lien for the cost of the demolition of the building or other structure
on the property has been created and that cost has not been paid more
than 180 days after the date the lien was filed; and
(C)
Ad
valorem taxes are delinquent on all or part of the property.
(Ordinance 521 adopted 4/13/06)
Nothing in this article shall be construed as abridging the
right of the city to resort to the courts of this state for the enforcement
of this article, or of the rights of any owner or interested party
to resort to the courts of this state in an attempt to enjoin the
enforcement of this article.
(Ordinance 521 adopted 4/13/06)
