When a building or other structure is found to be a dangerous
structure by the building official, the building or structure may
be condemned or otherwise addressed pursuant to the provisions of
this article, providing for notice and a public hearing.
(Ordinance 2010-6-1A adopted 6/1/10)
This article is adopted pursuant to Texas Local Government Code
chapter 54, subchapter C., and chapter 214, subchapter A.
(Ordinance 2010-6-1A adopted 6/1/10)
A structure that is in an unsafe condition that could injure,
hurt, or harm individuals or property and that:
Regardless of its structural condition, is unoccupied by its
owners, lessees, or other invitees and is unsecured from unauthorized
entry to the extent that it could be entered or used by vagrants or
other uninvited persons as a place of harborage or could be entered
or used by children; or
Is boarded up, fenced, or otherwise secured in any manner if
the structure constitutes a danger to the public even though secured
from entry or the means used to secure the structure are inadequate
to prevent unauthorized entry or use of the structure; or
Is dilapidated, substandard, or unfit for human habitation and
a hazard to the public health, safety, and welfare, and which:
Contains one or more interior walls or other vertical structural
members that list, lean or buckle to such an extent that a plumbline
passing through the center of gravity falls outside of the middle
third of its base;
Exclusive of the foundation, show 33% or more damage or deterioration
to the supporting member or members or 50% or more damage or deterioration
to the nonsupporting enclosure or to outside walls or coverings;
Has one or more improperly distributed loads upon the floors
or roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used;
Has been damaged by fire, wind or other causes so as to have
become dangerous to persons or property;
Has become or is so dilapidated, decayed, unsafe, or unsanitary
or which utterly fails to provide amenities essential to decent living
so that they are unfit for human habitation or are likely to cause
sickness or disease so as to work injury to the health or welfare
of those living therein;
Has parts thereof which are attached in a manner that they may
fall and injure persons or property;
Has a foundation that is not so free of holes, cracks, buckling,
crumbling and defects as to support adequately the structure;
Does not have a floor, exterior wall and roof that is so free
of holes, cracks and loose, rotten, warped or protruding boards necessary
to protect the occupants of the structure reasonably from weather
elements and from danger of collapse;
Does not have interior walls and ceilings that are so free of
holes, cracks, loose plaster, loose and baggy wallpaper, defective
materials and structural deterioration as to reasonably serve their
purpose and as to protect the occupants of the structure from danger
of collapse and of fire; or
Exists in violation of any provision of any applicable building
code(s) of the town or any provision of the town’s fire code
or other ordinances of the town as such provisions relate to minimum
standards for buildings or structures.
Any individual living or sleeping in a building or structure
or having possession of a space within a building or structure.
That which is built or constructed or a portion thereof.
(Ordinance 2010-6-1A adopted 6/1/10)
All structures that are found to be dangerous structures, after
notice and hearing as provided for under the provisions of this article,
are hereby declared to be public nuisances and shall be secured, repaired,
vacated or demolished as provided in this article.
(Ordinance 2010-6-1A adopted 6/1/10)
The town building official or that person’s designee shall–with
or without the assistance of other town personnel, officials, or consultants–present
all cases at hearings presided over by the commission.
(Ordinance 2010-6-1A adopted 6/1/10)
A building and standards commission (“commission”)
is hereby established, which shall be constituted by the same members
appointed by the town council to serve as the town’s board of
adjustment. The purpose of the commission is to hear cases under this
article. A majority of the regular members of the commission must
be present for a hearing. Vacancies shall be filled in the same manner
that vacancies are filled on the board of adjustment and the regular
membership of the commission and the regular membership of the board
of adjustment shall be the same. A majority of the entire regular
commission members shall adopt as necessary all rules for hearings
and other commission matters in accordance with this article. The
town council shall have the authority to review and modify such rules
at its discretion. All meetings and hearings conducted by the commission
shall be open to the public and minutes shall be kept of all such
meetings and hearings, recording the vote of each member. Said minutes
shall be filed immediately in the offices of the town as public records.
A majority vote of the commission members voting on a matter is necessary
to take any action under this article.
(Ordinance 2010-6-1A adopted 6/1/10)
After the public hearing required under this article, the commission
may do any or all of the following:
(1)
Declare
a structure to be a dangerous structure;
(2)
Order
the repair, within a fixed period as set forth in this article, of
a structure it determines to be a dangerous structure;
(3)
Order,
in an appropriate case, the immediate removal of persons or property
found on private property, enter on private property to secure the
removal if it is determined that conditions exist on the property
that constitute a dangerous structure, and order action to be taken
as necessary to remedy, alleviate, or remove any dangerous structure
found to exist;
(4)
Issue
orders or directives to any peace officer of the state, including
a sheriff or constable or the chief of police of the municipality,
to enforce and carry out the lawful orders or directives of the commission;
(5)
Determine
the amount and duration of the civil penalty the municipality may
recover as provided for under the Texas Local Government Code, chapter
54, subchapter B by filing a certified copy of the order with the
district clerk for the county; or
(6)
Take
any other appropriate action as set forth under this article.
(Ordinance 2010-6-1A adopted 6/1/10)
(a)
When
a building or other structure is found to be a dangerous structure
by the building official, the building official–after performing
the due diligence required under section 3.09.009– must send
notice:
(1)
By personal delivery, by certified mail with return receipt requested,
or by delivery by the United States Postal Service using signature
confirmation service, to the record owners of the affected property,
and each holder of a recorded lien against the affected property,
as shown by the records in the office of the county clerk of the county
in which the affected property is located if the address of the lienholder
can be ascertained from the deed of trust establishing the lien or
other applicable instruments on file in the office of the county clerk;
and
(2)
To all unknown owners, by posting a copy of the notice on the front
door of each improvement situated on the affected property or as close
to the front door as practicable.
(b)
The
notice must be posted and either personally delivered or mailed on
or before the 10th 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 occasion on or before the 10th day before
the date fixed for the hearing.
(c)
When
a notice is sent in accordance with this article to a property owner,
lienholder, or registered agent and the United States Postal Service
returns the notice as “refused” or “unclaimed,”
the validity of the notice is not affected, and the notice is considered
delivered.
(Ordinance 2010-6-1A adopted 6/1/10)
Before sending any notice under this article, the building official
shall determine the identity and address of a property owner, lienholder,
or registered agent by searching the following records:
(1)
County
real property records of the county in which the property is located;
(2)
Appraisal
district records of the appraisal district in which the property is
located;
(3)
Records
of the secretary of state, if the property owner, lienholder, or registered
agent is a corporation, partnership, or other business association;
(4)
Assumed
name records of the county in which the property is located;
(5)
Tax
records of the municipality; and
(6)
Utility
records of the municipality.
(Ordinance 2010-6-1A adopted 6/1/10)
The commission may file notice of a hearing or other proceeding
in the official public records of real property in the county in which
the affected property is located. The notice must contain the name
and address of the owner of the affected property if that information
can be determined from a reasonable search of the instruments on file
in the office of the county clerk, a legal description of the affected
property, and a description of the proceeding. The filing of the notice
is binding on subsequent grantees, lienholders, or other transferees
of an interest in the property who acquire such interest after the
filing of the notice and constitutes notice of the proceeding on any
subsequent recipient of any interest in the property who acquires
such interest after the filing of the notice.
(Ordinance 2010-6-1A adopted 6/1/10)
A hearing under this article must be held by the commission. After the public hearing, if a building or structure is found by the commission to be a dangerous structure according to the standards set forth in this article, the commission may order that the building or structure be vacated, secured, repaired, removed, or demolished by the owner within a reasonable time as provided by this article. The commission also may order that the occupants, if any, be relocated within a reasonable time, and take any additional actions as set forth under section 3.09.007. In a public hearing to determine whether a building or structure complies with the standards set out in this article, the owner, lienholder, or mortgagee has the burden of proof to demonstrate 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.
(Ordinance 2010-6-1A adopted 6/1/10)
In conducting the public hearing required under this article,
the commission shall include in the order the amount and duration
of a civil penalty, if any, and the requirement(s) for the owner,
lienholder, or mortgagee of the dangerous structure to within 30 days:
(1)
Secure
the dangerous structure from unauthorized entry; or
(2)
Repair,
remove, or demolish the dangerous structure, or part thereof, unless
the owner or lienholder establishes at the hearing that the work cannot
reasonably be performed within 30 days.
(Ordinance 2010-6-1A adopted 6/1/10)
If the commission allows the owner, lienholder, or mortgagee
more than 30 days to repair, remove, or demolish the building or structure,
the commission shall establish specific time schedules for the commencement
and performance of the work (said schedules must be incorporated into
the order) and shall require the owner, lienholder, 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.
(Ordinance 2010-6-1A adopted 6/1/10)
The commission may not issue an order allowing the owner, lienholder,
or mortgagee more than 90 days to repair, remove, or demolish the
building or structure or fully perform all work required to comply
with the order unless the owner, lienholder, or mortgagee:
(1)
Submits
a detailed plan and time schedule for the work at the hearing; and
(2)
Establishes
at the hearing that the work cannot reasonably be completed within
90 days because of the scope and complexity of the work.
(Ordinance 2010-6-1A adopted 6/1/10)
If the commission allows the owner, lienholder, or mortgagee
more than 90 days to complete any part of the work required to repair,
remove, or demolish the building or structure, the order shall require
the owner, lienholder, or mortgagee to regularly submit progress reports
to the commission to demonstrate compliance with the time schedules
established for commencement and performance of the work. The order
may require that the owner, lienholder, or mortgagee appear before
the building official to demonstrate compliance with the time schedules.
If the owner, lienholder, or mortgagee owns property, including structures
or improvements on property, within the municipal boundaries that
exceeds $100,000.00 in total value, the commission may include in
the order a requirement that the owner, lienholder, or mortgagee to
post a cash or surety bond in an amount adequate to cover the cost
of repairing, removing, or demolishing a building or structure under
this article. In lieu of a bond, the commission may require the owner,
lienholder, or mortgagee to provide a letter of credit from a financial
institution or a guaranty from a third party approved by the commission.
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 commission
issues the order.
(Ordinance 2010-6-1A adopted 6/1/10)
If the owner was not present at a public hearing held under this article, the commission shall send a copy of the order to the owner by certified mail, return receipt requested. If the owner or responsible party does not take the ordered action within the time allotted in the order, the commission shall make a diligent effort to discover each mortgagee and lienholder having an interest in the structure or in the property on which the structure is located. The commission satisfies the requirements of this section to make a diligent effort, to use its best efforts, or to make a reasonable effort to determine the identity and address of an owner, a lienholder, or a mortgagee if the town searches the records set forth under section 3.09.009 of this article.
(Ordinance 2010-6-1A adopted 6/1/10)
Once the steps have been taken to identify each mortgagee and
lienholder, the building official or fire marshal shall obtain personal
delivery on or shall send by certified mail, return receipt requested,
to each identified mortgagee and lienholder a notice containing:
(1)
An
identification, which is not required to be a legal description, of
the structure and the property on which it is located;
(2)
A
description of the violation of the town’s standards that is
present at the structure; and
(3)
A
statement that the town will vacate, secure, remove, or demolish the
structure or relocate the occupants of the structure if the ordered
action is not taken within a reasonable time.
(Ordinance 2010-6-1A adopted 6/1/10)
The commission shall as soon as possible after the date that
the order is issued:
(1)
File
a copy of the order in the office of the town secretary;
(2)
Publish
in a newspaper of general circulation in the municipality in which
the structure is located a notice containing:
(3)
Mail
by certified mail, return receipt requested, or personally deliver
a copy of the order to the owner of the structure and to any lienholder
or mortgagee of the structure.
(Ordinance 2010-6-1A adopted 6/1/10)
If the structure is not vacated, secured, repaired, removed,
or demolished, or the occupants are not relocated within the allotted
time as applicable under any order of the commission, the town may
vacate, secure, remove, or demolish the building or relocate the occupants
at its own expense. This section does not limit the ability of the
town to collect on a bond or other financial guaranty that may be
required elsewhere in this article. If the town incurs expenses under
this section, the town may assess the expenses on, and the town has
a lien against the property on which the structure was located. The
lien is extinguished if the property owner or another person having
an interest in the legal title to the property reimburses the town
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 in the county in which the property is located.
The notice must contain the name and address of the owner if that
information can be determined with reasonable effort, a legal description
of the real property on which the structure was located, the amount
of expenses incurred by the town, and the balance due.
(Ordinance 2010-6-1A adopted 6/1/10)
The town may secure a building or structure that the building
official determines:
(1)
Violates
the minimum standards of this article or of any provision of any applicable
building code(s) of the town or any provision of the town’s
fire code or other ordinances of the town as such provisions relate
to minimum standards for buildings or structures; and
(2)
Is
unoccupied or is only occupied by persons who do not have a right
of possession to the building or structure.
(Ordinance 2010-6-1A adopted 6/1/10)
Before the 11th day after the date the structure is secured,
the town shall give notice of the fact that the structure was secured
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 10-day period in a newspaper of
general circulation in the county in which the structure 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 structure if personal
service cannot be obtained and the owner’s post office address
is unknown.
(Ordinance 2010-6-1A adopted 6/1/10)
The notice must contain:
(1)
An
identification, which is not required to be a legal description, of
the structure and the property on which it is located;
(2)
A
description of the violation of the town standard(s) that is present
at the structure;
(3)
A
statement that the town will secure or has secured, as the case may
be, the structure; and
(4)
An
explanation of the owner’s entitlement to request a hearing
about any matter relating to the town’s securing of the structure.
(Ordinance 2010-6-1A adopted 6/1/10)
If the owner requests a hearing with respect to the town’s
securing of a structure, the commission shall conduct a hearing at
which the owner may testify or present witnesses or written information
about any matter relating to the town’s securing of the structure
if, within 30 days after the date the town secures the structure,
the owner files with the town a written request for the hearing. The
town shall conduct the hearing within 20 days after the date the request
is filed.
(Ordinance 2010-6-1A adopted 6/1/10)
The town has the same authority to assess expenses relating to its securing of a structure as it has to assess expenses under section 3.09.019 and a lien is created under this section in the same manner that a lien is created under section 3.09.019 and is subject to the same conditions as a lien created under that section.
(Ordinance 2010-6-1A adopted 6/1/10)
The town 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 (V.T.C.A., Tax Code section 33.91 et seq.); or
(2)
In
a judicial proceeding, if:
(A)
A structure on the property has been demolished;
(B)
A lien for the cost of the demolition of the 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 2010-6-1A adopted 6/1/10)
When any structure has been ordered demolished and removed,
the town shall have the right to sell the salvage and valuable materials
at the highest price obtainable. The net proceeds of such sale, after
deducting the expenses of such demolition, removal and sale, shall
be promptly remitted with a report of such sale or transaction, including
the items of expense and the amounts deducted, to the owner, subject
to any order of a court. If such a surplus does not remain to be turned
over, the report shall so state.
(Ordinance 2010-6-1A adopted 6/1/10)
