(a) 
There is hereby created a building standards commission to be composed of five (5) members and two (2) alternates who shall serve in the event of the absence or resignation of any of the five (5) members of the commission. The commission members and alternates shall be appointed by the city council.
(b) 
The commission shall elect a chairperson and vice chairperson and secretary at their first regular meeting of each calendar year. The chairperson of the commission may designate an alternate to serve in the event of the absence or resignation of a regular member. Neither members nor alternates shall be employees of the city. All such members and alternates shall hold office for a period of two (2) years or until their successors are appointed and qualified as required by law.
(c) 
Members of the commission may be qualified in one (1) or more of the fields of fire prevention, building construction, sanitation, health and public safety. Failure of a person to be qualified in any of such fields shall not prevent or disqualify that person from sitting on the commission.
(d) 
The commission shall serve as the board of appeals for building, mechanical, electrical, plumbing, energy conservation, fire and fuel gas codes as may from time-to-time be adopted by the city council.
(e) 
The commission shall have such powers, duties and responsibilities as shall be from time-to-time provided for and delegated to the city by the legislature of the state, it being the intent of the city to fully implement subchapter C of chapter 54 of the Local Government Code and to further provide to the building standards commission, as well as any other commission, officer or legal authority as provided for under the provisions of state law, such powers, privileges and rights as may be from time-to-time provided for by the legislature of the state without restriction or limitation.
(Ordinance adopted 5/2/2017)
(a) 
The city administrator shall designate a building official who shall perform such duties as directed by the city council, the city administrator and by orders of the building standards commission of the city, constituted and acting pursuant to the provisions of chapter 214 of the Local Government Code of the state. In addition, the building official shall inspect all buildings or structures reported or believed to be substandard and shall present preliminary reports to the commission. Further, upon proper notice to property owners and occupants and upon direction of the commission, the building official shall present testimony to the commission in support of any allegations of substandard character of buildings and structures.
(b) 
The building official, in performance of the duties of said office, shall give notices and shall take such actions as shall be from time-to-time provided for and directed by the ordinances of the city of West and the legislature of the state, as currently set out in the provisions of chapter 214 of the Local Government Code, as well as any amendments and changes which shall be made from time-to-time.
(Ordinance adopted 5/2/2017)
(a) 
The building standards commission shall hear evidence and shall, upon finding of the conditions and circumstances as hereinafter set out, declare a building or structure substandard and may order its repair, vacation or demolition as it may deem just, proper and appropriate taking into consideration the circumstances and conditions found to exist.
(b) 
A building or structure may be found to be substandard if:
(1) 
Deteriorated building or structure.
A building or structure has become deteriorated and unsafe through natural causes or by damage as a result of exposure to the elements to the extent that the roof, windows and doors or portions of the house, building or structure which protect from the weather will no longer reasonably protect from the elements thereby threatening the health, safety and well-being of the residents, citizens and inhabitants of the city.
(2) 
Fire hazard.
A building or structure which, because of its wiring, construction or present status, constitutes a fire hazard.
(3) 
Pestilence.
A building or structure which constitutes a menace to the health and safety of the residents, citizens and inhabitants of the city because of the existence of conditions therein which are conducive to the harboring of rats or mice or other disease-carrying animals or insects reasonably calculated to spread disease.
(4) 
Structural deformities.
A building or structure which has been built and constructed in such a manner as to be hazardous in that the construction of the building or structure is of such a nature that it has placed the same in jeopardy of collapse or that the building or structure will not reasonably withstand customary and ordinary exposure to the elements; a building or structure which, because of the deficiency of its materials, methods or means of construction, including the foundation, structural elements, wiring or apparatus, plumbing and fixtures, entrances or exits, renders the building or structure unsafe and dangerous.
(5) 
Inadequate fire safety provisions.
A building, structure or improvements which, because of the materials used, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires or location, design or width of the entrances or exits, make the structure hazardous.
(6) 
Inadequately secured from unauthorized entry.
Regardless of its structural condition, a building, structure, or improvement, that is unoccupied by its owners, lessees, or other invitees, and is unsecured from unauthorized entry, or which may have been boarded up, fenced, or otherwise barricaded, but the means used to secure the building, structure, or improvement are inadequate to prevent unauthorized entry.
(7) 
Other.
The existence of such other conditions or circumstances which may from time-to-time be delineated under the terms and provisions of law and are within the scope of authority of the building standards commission.
(Ordinance adopted 5/2/2017)
The procedure set out herein shall be the minimum necessary for the building standards commission to enter a valid order concerning any building or structure in the city. A case before the commission may be commenced by the building official or by the commission on its own initiative; in either case, the following procedures shall apply:
(1) 
Upon written report of the building official or recommendation of the building standards commission, the commission shall establish a docket and make inquiry into the present conditions and circumstances of any building or structure alleged to be substandard under the criteria set out herein. If, upon receipt of such information, the building standards commission believes and concludes that there is a reasonable basis upon which to investigate such preliminary allegations and findings, then the commission shall proceed as herein provided.
(2) 
Notice shall be provided to the property owners and all occupants and lienholders of the property, identifying such property owners and occupants and lienholders as can best be determined and further identifying the property, its location and the improvements thought to be substandard. A title examination should occur in order that all owners and lienholders might be identified. The notice shall further state that the owner, lienholder, or mortgagee will be required to submit at the hearing any work that may be required to comply with the city’s ordinances, and the time it will take to reasonably perform the work. The owners, occupants and lienholders shall be given notice of an opportunity to appear and show cause why said building, structure or improvements should not be declared substandard and why the commission should not enter appropriate orders to remedy the conditions determined to exist. Such notice shall be delivered by certified mail, with return receipt requested, or by delivery by the United States Postal Service using signature confirmation service, to the known owners and occupants and lienholders at their last-known business address or place of residence and may also be personally delivered to the owners, tenants or occupants residing upon the property. Notice to all unknown owners shall be given by posting the same by nailing a copy to the front door or as close to the front door as practicable on each structure situated on the affected property. The notice shall be mailed and posted before the tenth day before the date of the hearing before the commission and must state the date, time and place of the hearing. In addition, the notice must be published in a newspaper of general circulation in the municipality on one (1) occasion before the tenth day before the date fixed for the hearing.
(3) 
On the day set in such notice to show cause, a hearing shall be held before the building standards commission. The building official or other designated individual appointed by the city administrator shall present evidence before the commission, and the commission shall hear any additional evidence or rebuttal that may be presented. Based upon the evidence and solely under the criteria set forth in the city’s ordinances, the commission shall then determine whether or not such building or structure is a substandard building or structure.
(4) 
The building standards commission shall have the power to order the demolition, partial demolition, repair, renovation or remodeling of any structure found to be substandard under the criteria herein provided. The commission shall issue an order as to any decision made, and such order shall specify the action to be taken and the time in which such action is to be taken and shall make affirmative findings as to the name of the property owner(s) and/or tenants and lienholders. Within ten (10) days after the date the order is issued, a copy of the final order of the commission shall be served upon the property owners and occupants and lienholders in the same manner as provided for the service of the notice herein required, the order shall be filed with the city clerk, and a notice shall be published in a newspaper of general circulation stating the street address or legal description of the property, the date of the hearing, a brief summary of the results of the order, and instructions stating where a complete copy of the order may be obtained.
(5) 
In the event any notice which is required herein to be served in person or by certified mail cannot be served because neither the owner nor occupant can be found, such notice shall be deemed to have been served if the same is published in a newspaper of general circulation. Any notice so published need not be the exact text of the notice intended to be mailed but may be a synopsis thereof so long as the same is of sufficient clarity and content to place all persons on notice as to the intent thereof.
(6) 
Appeal process. Either the owner and/or occupant of any building or structure declared substandard by order of the building standards commission or any other third party aggrieved by a decision of the building standards commission may appeal the decision of the building standards commission to a state district court pursuant to V.T.C.A., Local Government Code chapter 214, as amended.
(Ordinance adopted 5/2/2017)
(a) 
When it shall appear that a building or structure in the city is a substandard building under the terms of this article and that such building or structure or the manner of its use constitutes an immediate and serious danger to life or property, the condition shall be deemed a condition justifying the use of emergency measures. In such case, the building standards commission, a majority of the commissioners or the building official may, with the consent and approval of the city administrator, order any of the following emergency measures to be taken:
(1) 
Immediate vacation of such building, structure and/or adjoining buildings or structures;
(2) 
Vacation of the danger area around such building or structure;
(3) 
Such emergency shoring-up and bracing of walls, roofs and supports as are required to render such building or structure safe;
(4) 
Destruction of such walls, roofs and supports or the entire structure or so much thereof as cannot be braced or made secure with safety;
(5) 
Posting of notices on or near such building or structure or buildings or structures notifying the public of such order and ordering all persons to keep out of such building, buildings, structure or structures and the areas of danger surrounding it or them.
(b) 
When any of the above-mentioned measures are ordered to be taken, notice of such order shall be given as follows:
(1) 
Such order shall be directed to the owner of such substandard building or structure or his authorized representative if the same is known. Where notification can be accomplished without increasing the danger to life or property, notice shall be given by personal service on the owner of the building or structure or his said representative;
(2) 
In the event that such notification would create such a delay as would materially increase the danger to life or property, then such notice need not be given.
(c) 
If the owner or his representative shall fail or refuse to carry out such order or shall fail to carry out such order satisfactorily, the building standards commission or the building official may, upon approval of the city administrator, proceed to carry out such orders either by private contract or through an agency of the city, and the cost thus incurred shall constitute a valid lien against the property.
(Ordinance adopted 5/2/2017)
It shall be the duty of the city council to enforce the orders of the building standards commission by filing an action in the appropriate court of this state seeking authority to enforce such orders by injunction, where appropriate.
(Ordinance adopted 5/2/2017)