(a)
Title.
These regulations, together with other codes
cited herein, shall be known as the city substandard structure code,
may be cited as such and will be referred to herein as “this
code.”
(b)
Purpose.
The purpose of this code is:
(1)
To protect the health, safety, and welfare of the citizens of the
city by establishing minimum standards applicable to residential and
nonresidential structures. Minimum standards are established with
respect to utilities, facilities, and other physical components essential
to make structures safe, sanitary, and fit for human use and habitation.
Demolition of structures is provided for as a last resort when compliance
with standards cannot reasonably be achieved.
(2)
This code is found to be remedial and essential to the public interest,
and it is intended that this code be liberally construed to effect
its purpose.
(c)
Scope.
The provisions of this code shall apply to all
buildings and structures or portions thereof intended or used for
human habitation or human occupation unless otherwise specified, which
exist on the effective date of this code or constructed thereafter.
The provisions of this code are intended to comply at all times with
the procedure and authority outlined in chapter 214 of the Texas Local
Government Code, as it may be amended, and it shall be so construed.
(d)
Applicability to existing buildings and structures.
(1)
Additions, alterations or repairs.
Additions, alterations
or repairs required by this code will be done in accordance with,
and meet, the requirements of the current building, plumbing, mechanical,
or electrical code, as amended, whichever is applicable, unless a
variance is granted as provided herein.
(2)
Relocation.
Buildings or structures moved into, or existing
within, the city shall comply with the requirements of the current
building, plumbing, mechanical or electrical code for new buildings
and structures, as amended, whichever is applicable, unless a variance
is granted as provided herein.
(3)
Historic buildings.
For repairs, alterations, and additions
necessary for the preservation, restoration, rehabilitation, or continued
use of historic structures, see the current building code.
(e)
Applicability of zoning ordinance.
Nothing in this code
shall be construed to cancel, modify, or set aside any provision of
the city’s comprehensive zoning ordinance of the city’s
Code of Ordinances, as amended.
(Ordinance 07-02 adopted 1/16/07)
(a)
Enforcement generally.
(1)
Authority.
The chief building official and/or code official,
or his/her designee, is hereby authorized and directed to enforce
all provisions of this code. For such purposes, he/she is empowered
to make interpretations and rulings of this code.
(2)
Inspections.
For the purpose of ascertaining whether
violations of this code exist, the chief building official, or his/her
designee, is authorized to inspect:
(A)
The exterior of a structure and premises which contain no structure;
and
(B)
The interior of a structure, if permission of the owner, occupant,
or person in control is given. If such entry is refused, the chief
building official, code official or fire marshal shall have every
recourse provided by law, including but not limited to an administrative
search warrant or an injunction, to secure entry.
(C)
If the structure is unoccupied and open for unauthorized entry or
use, and/or the owner, occupant, or person in control cannot be identified
or located, the chief building official, code official or fire marshal
may enter the property to the extent allowed by law.
(b)
Substandard buildings.
All buildings or portions thereof
which are determined to be substandard as outlined in this code are
hereby declared to be public nuisances and shall be abated by repair,
rehabilitation, demolition, or removal.
(c)
Housing standards commission.
The city council shall
act as the housing standards commission for the purpose of providing
a reasonable interpretation of the provisions of this code, mitigating
specific provisions of this code which create practical difficulties
in their enforcement and hearing cases and making determinations,
as provided herein.
(d)
Violations; penalties.
(1)
Criminal penalty.
(A)
A person who knowingly violates a provision of this code, or who
knowingly fails to perform an act required of him by this code, commits
a misdemeanor offense. A person commits a separate offense each day
or portion of a day during which a violation is committed, permitted,
or continued.
(2)
Civil action.
(A)
The city may, in accordance with chapter 54, subtitle B of the Texas
Local Government Code, as amended, bring a civil action against a
person violating a provision of this code relating to dangerously
damaged or deteriorated structures or improvements or for conditions
caused by accumulations of trash, garbage, refuse, vegetation, or
other matter that creates breeding and living places for insects and
rodents.
(B)
The civil action may include, but is not limited to, a suit to recover
a civil penalty not to exceed $1,000.00 for each day or portion of
a day during which the violation is committed, continued, or permitted
by the owner or occupant of the property, as provided below.
(C)
The city, by order of the commission, may assess and recover a civil
penalty against a property owner, if the owner fails to take the requisite
action as ordered by the commission, after an administrative hearing
on the matter. The civil penalty may not exceed $1,000.00 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 city proves:
(D)
A determination by the commission which involves the establishment
of an amount and duration of a civil penalty shall be final and binding
and constitute prima facie evidence of the penalty in any court of
competent jurisdiction in a civil suit brought by the city for final
judgment in accordance with the established penalty.
(E)
To enforce any civil penalty under this section, the city secretary
must file in the Ellis County district clerk’s office a certified
copy of the order of the commission establishing the amount and duration
of the penalty. No other proof is required for a district court to
enter final judgment on the penalty.
(3)
Other available remedies.
The city shall have all other
available remedies at law and in equity to enforce the provisions
of this code.
(4)
Municipal court proceedings not affected.
Action taken
by the city under this code shall not affect the ability of the city
to proceed under the jurisdiction of the city’s municipal court.
(Ordinance 07-02 adopted 1/16/07; Ordinance adopting 2017 Code)
For the purpose of this code, certain terms, phrases, words
and their derivatives shall be construed as specified in this code
or as specified in the building code, as adopted and as amended. Where
a conflict exists, the building code controls. Where terms are not
defined, they shall have their ordinary accepted meanings within the
context with which they are used. Merriam-Webster Dictionary, Unabridged,
copyright 1998, shall be considered as providing ordinary accepted
meanings. Words in the singular include the plural and the plural
the singular. Words used in the masculine gender include the feminine
and the feminine the masculine. Whenever the words “dwelling,”
“dwelling unit,” “premises,” and “structure”
are used herein, they shall be construed as though they were followed
by the words “or any part thereof.”
means a building or structure devoted to uses incidental
and accessory to the main use and can be either attached or detached,
such as an attached garage, storage area, carport, detached garage,
shed, or outbuilding. An accessory building may only exist in conjunction
with a primary structure except as otherwise provided herein.
means that person within the governmental structure of the
city who is charged with the administration of the appropriate code.
means authorized by the local or state authority having such
administrative authority.
means the residue from the burning of combustible materials.
means any structure used or intended for supporting or sheltering
any use or occupancy.
means the current building code officially adopted by the
city council, or other such codes officially designated by the city
council for the regulation of construction, alteration, addition,
repair, removal, demolition, use, location, occupancy and maintenance
of buildings and structures. Such codes shall include but not be limited
to the currently adopted editions of the International Codes, including
but not limited to the building code, the electrical code, the plumbing
code, the mechanical code, and the residential code, adopted by the
city council, and as amended.
means the official who is charged with the administration
and enforcement of this code or any duly authorized representative,
including but not limited to the chief building official, code compliance
or code enforcement officer and fire marshal.
means the housing standards commission.
means no longer adequate for the purpose or use for which
it was originally intended, or as otherwise defined in this code.
means any enclosed space wholly or partly used or intended
to be used for human habitation, living, sleeping, cooking, and eating
and shall include any outhouse or appurtenance belonging thereto.
Industrialized or manufactured housing and modular construction which
conform to nationally accepted industry standards, as defined by HUD,
and used or intended for use for living, sleeping, cooking, and eating
purposes, shall be classified as dwellings.
means a room or group of rooms located within a dwelling
forming a single habitable unit with facilities used or intended to
be used by a single family for human occupancy such as living, sleeping,
cooking, and eating purposes.
means an arrangement of exit facilities to assure a safe
means of exit from buildings.
means the animal and vegetable waste resulting from the handling,
preparation, cooking, serving, and non-consumption of food.
means the natural surface of the ground, or ground surface
after completion of any change in contour.
means a room or enclosed floor space within a dwelling used
or intended to be used for living, sleeping, cooking or eating purposes,
excluding bathrooms, water closet compartments, laundry room, pantry,
foyer, closets, storage spaces or communicating corridors.
means all furnaces, unit heaters, domestic incinerators,
cooking and heating stoves and ranges, and other similar devices capable
of converting fuel to heat energy or of transferring heat from one
ambient to another and approved by Underwriters’ Laboratories,
Inc., the American Gas Association or other nationally recognized
testing laboratory.
means one or more individuals living together in a single
dwelling unit and sharing common living, sleeping, cooking, and eating
facilities.
means the federal Department of Housing and Urban Development.
means to permit possession or occupancy of a dwelling, dwelling
unit, building or structure by a person who shall be legal owner or
not be legal owner of record thereof, pursuant to a written or unwritten
lease, agreement or license, or pursuant to a recorded or unrecorded
agreement or contract for the sale of land.
means repair and other acts to prevent a decline in the condition
of ground, structures, and equipment such that the condition does
not fall below the standards established by this code and other applicable
statutes, codes and ordinances.
means any dwelling containing more than two (2) dwelling
units.
means any person living and/or sleeping in a dwelling unit
or having possession of a space within a building.
means free of leaks, safe, sanitary, and in good working
order, in the manner intended.
means any person who has charge, care, custody, control,
or management of a building, or part thereof, in which dwelling units
are let for occupancy.
means any person who, alone, or jointly or severally with
others:
Has legal title to any premises, dwelling or dwelling unit,
with or without actual possession thereof; or
Has charge, care, custody or control of any premises, dwelling
or dwelling unit, as owner or agent of the owner, or an executor,
administrator, trustee, or guardian of the estate of the owner. Any
such person thus representing the actual owner shall be bound to comply
with the provisions of this article and the rules and regulations
adopted pursuant thereto, to the same extent as if he were the owner.
Where owners are siblings, relatives or family members, not individually
identified on any legal document of record, after a due diligence
search as provided herein, notice to one owner shall be deemed notice
to all owners.
means any individual, corporation, organization, partnership,
association, or any other legal entity.
means a receptacle or device which is either permanently
or temporarily connected to the water distribution system of the premises,
and demands a supply of water therefrom; or discharges used water,
liquid-borne waste materials, or sewage either directly or indirectly
to the drainage system of the premises; or which requires both a water
supply connection and a drainage system of the premises.
means a platted lot or part thereof or unplatted lot or tract
of land or plot of land, either occupied or unoccupied by any dwelling
or non-dwelling structure, and includes any such building, accessory
structure or other structure thereon.
means connected in accordance with all applicable codes and
ordinances of the city; the alteration or replacement of any connection
in good working order and not constituting a hazard to life and health.
means the following:
The physical condition or use of any premises regarded as a
public nuisance at common law or as defined elsewhere in the city
Code of Ordinances;
Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including
but not limited to abandoned wells, shafts, basements, excavations
and unsafe fences or structures;
Any premises which are manifestly capable of being a fire hazard,
or are manifestly unsafe or unsecure as to endanger life, limb or
property;
Any premises from which the plumbing, heating and/or facilities
required by this code have been removed, or from which utilities have
been disconnected, destroyed, removed, or rendered ineffective, or
the required precautions against unauthorized use or entry have not
been provided;
Any structure or building that is in a state of dilapidation,
deterioration or decay, faulty construction, overcrowded, open, vacant
or abandoned, damaged by fire to the extent as not to provide shelter,
in danger of collapse or failure and dangerous to anyone on or near
the premises;
Is dangerous to the physical health or safety of an occupant
or other person; or
Because of violations of section 3.07.004 of this code, the state of disrepair is such that it could reasonably cause injury, damage, or harm to a considerable portion of the community in the use and enjoyment of property, materially interfering with the proper use or comfort and enjoyment of surrounding property, taking into consideration the nature and use of the properties in the area and the character of the community in which they are situated, which condition would be substantially offensive and annoying to persons of ordinary sensibilities living in the community.
means a sewer operated by a public authority or public utility
and available for public use.
means any conditions or place where rats can live, nest,
or seek shelter.
means a heterogeneous accumulation of worn-out, used, broken,
rejected or worthless materials, including but not limited to garbage,
rubbish, paper or litter and other decayable or nondecayable matter.
means nonputrescible solid wastes (excluding ashes) consisting
of either:
means the condition of being reasonably free from danger
and hazards which may cause accidents or disease.
means any condition of good order and cleanliness that precludes
the probability of disease transmission.
means that which is built or constructed, an edifice or building
of any kind, or any piece or work artificially built up or composed
of parts joined together in some definite manner.
means any dwelling, dwelling unit, building or structure
which has any or all or the defects and deficiencies as defined herein.
means a difference between that which is required or specified
and that which is permitted.
(Ordinance 07-02 adopted 1/16/07; Ordinance adopting 2017 Code)
All structures must meet the minimum standards set forth in
this code and in the building code for the continued use and occupancy
of all buildings regardless of the date of construction. Buildings,
structures or dwellings that do not meet one or more of the minimum
standards, set forth in the building code, as defined herein, and
as adopted by city council and as amended, such that conditions or
defects exist that endanger the life, health, property or safety of
its occupants or the general public, constitute uninhabitable, dangerous
and substandard buildings, structures or dwellings. Such structures
or buildings may be declared as unfit for human occupation, in violation
of this code and subject to the procedures set forth herein.
(1)
Structures deemed substandard.
A structure may be deemed
substandard 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
city’s building regulations or as specified in the building
code, or of any law or ordinance of the state or the city relating
to the condition, location or structure of buildings, such that the
structure meets the definition of dangerous building as defined under
the adopted building code.
(2)
Repair to minimum standards.
A structure deemed substandard
must be repaired to the minimum standards enumerated in the current
building code, or other code applicable to the substandard condition,
as adopted and as amended.
(3)
Accessory structures.
If the primary structure is substandard
such that it requires demolition, and accessory structures are not
in substandard condition, the commission may allow the accessory structures
to remain in the absence of a primary use, for a fixed period of time,
provided that plans to construct a primary structure are submitted
and an attendant building permit application is issued within 90 days
of the demolition. Should no such plans be submitted or construction
occur within 90 days of the demolition, the accessory structure must
be removed or demolished.
(4)
Variances.
(A)
If the owner, lienholder or mortgagee requests a variance from the
current building code requirements, the commission may grant such
a variance, if:
(i)
Evidence or information is submitted by the owner, lienholder or
mortgagee generated by a certified inspector or registered structural
engineer that such a variance will have no adverse impact on the integrity
of the structure or facilities, to the satisfaction of the code official.
(ii)
This evidence must be presented at the public hearing and falls
within the owner’s burden of proof that the structure can be
repaired.
(iii)
In no event shall the variance permitted be less than the minimum
standard required at the time of original construction.
(B)
The commission shall make specific findings of hardship, and financial
hardship, in and of itself, is not sufficient basis for granting a
variance.
(Ordinance 07-02 adopted 1/16/07)
(a)
Generally.
No building or structure regulated by this
code shall be erected, constructed, enlarged, altered, repaired, moved,
improved, removed, converted, or demolished unless a separate permit
for each building or structure has first been obtained from the code
official or his/her designee in the manner and according to the applicable
conditions prescribed in the current building code.
(b)
Fees.
Whenever a building permit or demolition permit is required by subsection (a) above, of this code, the appropriate fees shall be paid to the city as specified in the city’s fee schedule for building permits.
(c)
Inspections.
All buildings or structures within the
scope of this code and all construction or work for which a permit
is required shall be subject to inspection by the chief building official,
code official, or his/her designee, in accordance with, and in the
manner provided by, this code and the current building code.
(Ordinance 07-02 adopted 1/16/07)
(a)
Generally.
Whenever the code official has inspected
or caused to be inspected any structure or lot and has found and determined
that such structure or lot is substandard, he/she may commence proceedings
to cause repair, rehabilitation, vacation, or demolition of the structure
or lot.
(b)
Issuance of notice and administrative order to abate.
The code official shall issue a notice and administrative order to
abate a substandard structure or lot. The notice and administrative
order shall contain:
(1)
The street address and a legal description sufficient for identification
of the premises upon which the structure is located.
(2)
A statement that the code official has found the structure or lot to be substandard with a brief and concise description of the conditions found to render the structure or lot substandard under the provisions of section 3.07.004 of this code.
(3)
A statement of the action recommended to be taken, as determined
by the code official, as follows:
(A)
If the code official has determined that the structure or lot must
be repaired, the administrative order shall require that all required
permits be secured and work physically commenced within thirty (30)
days from the date of the administrative order.
(B)
If the code official has determined that the structure or lot must
be vacated, the administrative order shall require that the structure
or lot must be vacated within thirty (30) days of the date of the
administrative order.
(C)
If the code official has determined that the structure or lot must
be demolished, the administrative order shall require that all required
permits be secured and work physically commenced within thirty (30)
days from the date of the administrative order.
(4)
A statement advising that a notice of hearing is forthcoming and
a description of the hearing. The hearing shall provide the commission
the means to consider or determine whether a structure or lot complies
with the standards set forth herein and to consider or determine whether
a structure or lot must be repaired or demolished, as recommended
by the code official, in the notice and administrative order.
(5)
Statements advising that if the owner or owners of record are in full agreement with a demolition order, and that if the owner or owners of record are financially unable to abate such nuisance, then the owner or owners of record may grant the city written permission to abate said nuisance, and, in doing so shall grant the city a lien against the real property as described in section 3.07.009 of this code.
(c)
Notice of hearing.
The code official shall give notice
of a public hearing to all known owners, lienholders, or mortgagees
for the commission to consider or determine whether a structure or
lot complies with this code and to consider or determine whether a
structure or lot must be repaired, secured or demolished. The notice
shall be mailed and posted as provided herein, and published in the
official newspaper of the city on one (1) occasion, on or before the
tenth (10th) day before the date of the hearing. The notice of hearing
shall contain:
(1)
The name and address of the owner of the affected property, if known;
(2)
A legal description of the property, as well as the physical address;
(3)
A description of the hearing;
(4)
The date, time, and place of the public hearing. This date shall
be established not less than ten (10) days from the date of the administrative
order;
(5)
A statement advising that securing the required permits and physically
commencing the required action shall be considered as intent to comply
with the administrative order to abate, and that the hearing shall
be temporarily postponed. Should abatement halt, or not progress at
a rate determined to be reasonable by the code official, the hearing
shall be re-called;
(6)
A statement that the owner, lienholder, or mortgagee will be required
to submit at the hearing proof of 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.
(d)
Service of notices and orders.
The notice of the administrative
order to abate, the notice of hearing and any supplemental notices
or orders shall be served upon the owner, lessor, lienholder, and
mortgagees of record and the occupant, if different than the owner
of the structure or lot. Service of these notices and orders shall
be made upon all persons entitled thereto either personally or by
mailing a copy of such notice by certified mail, return receipt requested,
and an optional second copy by regular mail, to each such person at
his/her address as it appears on the county tax rolls, or as discovered
by due diligence, as defined by subsections (1) through (6) herein,
and the notice shall be posted on the front door of each improvement
situated on the affected property or as close to the front door as
practical. The following of these procedures shall be prima facie
evidence of notification. If a certified notice is returned as “refused”
or “unclaimed,” the validity of the notice is not affected,
and the notice shall be deemed delivered. The city has satisfied the
requirements of this section to make a diligent effort to determine
the identity and address of an owner, a lienholder, or a mortgagee
if the city searches 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;
(5)
City tax records; and
(6)
City utility records.
(e)
Filing of notice and administrative order at county.
A copy of the notice and any administrative orders, or such orders
as may be issued pursuant to these provisions, shall be filed with
the county deed records in the county where the 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, or upon
a due diligence search as set forth herein, a legal description of
the affected property, and a description of the proceeding. The filing
of said notice and any said orders is binding on subsequent grantees,
lienholders, or other transferees of an interest in the property who
acquire such interest after the filing of said notice or any said
orders, and constitutes notice of said hearing and notice of any said
orders on any subsequent recipient of any interest in the property
who acquires such interest after the filing of said notice or filing
of any said orders.
(f)
Conduct of public hearing; issuance of order.
During
an officially convened meeting, the commission shall hold a public
hearing on each case and shall hear such testimony as may be presented
by any department of the city, the code official, or the owner, occupant,
mortgagee or any other person having an interest in such building
to determine whether a building complies with the standards of this
code. 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 code and the time it will take to perform the work. After
all testimony has been received, the public hearing shall be closed
and the commission shall deliberate on the case in open session. The
commission shall make written findings of fact from the testimony
offered as to whether the building complies with the minimum standards
of this code.
(1)
After the meeting, if a building is found in violation of the minimum
standards set forth herein, the commission may order that the building
be vacated, secured, repaired, removed, or demolished by the owner
within a reasonable time as provided herein. The commission also may
order that the occupants be relocated within a reasonable time, at
the cost of the owner, lienholders or mortgagees. The commission reserves
the right to determine what is a reasonable amount of time to perform
the ordered work or what is a reasonable amount of time to relocate
occupants.
(2)
The commission shall require the owner, lienholder, or mortgagee
of the building to, within thirty (30) days:
(A)
Secure the building from unauthorized entry or use; or
(B)
Repair, remove, or demolish the building, unless the owner, lienholder,
or mortgagee establishes at the hearing that the work cannot reasonably
be performed within thirty (30) days.
|
If the commission allows the owner, lienholder, or mortgagee
more than thirty (30) days to repair, remove, or demolish the building,
the commission shall establish specific schedules for the commencement
and performance of the work and shall require the owner, lienholder,
or mortgagee to secure the property in an approved manner from unauthorized
entry while the work is being performed, as determined by the commission.
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(3)
The commission may not allow the owner, lienholder, or mortgagee
more than ninety (90) days to repair, remove, or demolish the building
or fully perform all work required to comply with the order unless
the owner, lienholder, or mortgagee:
(A)
Submits a detailed plan and time schedule for the work at the hearing;
and
(B)
Establishes at the hearing that the work cannot justifiably be completed
within ninety (90) days because of the scope and complexity of the
work.
|
If the commission allows the owner, lienholder, or mortgagee
more than ninety (90) days to complete any part of the work required
to repair, remove, or demolish the building, the commission shall
require the owner, lienholder, or mortgagee to regularly submit progress
reports to the code official and to the commission to demonstrate
that the owner, lienholder, or mortgagee has complied with the time
schedules established for commencement and performance of work. The
order may require that the owner, lienholder, or mortgagee appear
before the commission to demonstrate compliance with the time schedule.
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(g)
Filing, publication and mailing of order.
After the
meeting, the city secretary shall, within ten (10) days after the
date the order is issued:
(1)
File a copy of the order in the office of the city secretary;
(2)
Publish in a newspaper of general circulation in the city a notice
containing:
(3)
Promptly mail by certified mail, return receipt requested, and an
optional second copy by regular mail, a copy of the order to the owner,
any lienholder(s), and any mortgagee(s) of the building, as determined
by due diligence, as defined herein.
(Ordinance 07-02, adopted 1/16/07)
(a)
Purpose.
The owner or person in control of an unoccupied structure shall ensure that the building is in such condition that an unauthorized person cannot enter the structure through missing or unlocked doors or windows, or through other openings into the building. The city may secure unoccupied, unsecured structures, or structures occupied by persons who do not have the right of possession to the building. A lien may be filed on real property to assure the cost of securing the structure as set forth in section 3.07.009 herein.
(b)
Definitions.
(1)
An unsecured structure is hereby defined to be any structure or building
that currently has no occupant with the right of possession of the
building and which has missing or unlocked doors or windows, or other
unsecured openings into the building through which unauthorized persons
can enter. Any unoccupied, unsecured structure or building is hereby
declared to be a danger to public health and safety and is hereby
declared to be a public nuisance.
(2)
An unoccupied structure is hereby defined to be any structure or
building that appears vacant or abandoned as evidenced by: no active
utility accounts, absence of personalty, general conditions of neglect
and any other substantiated evidence of vacancy or abandonment that
may be presented by the code official.
(c)
City may secure.
The code official may secure a building
that (i) violates the minimum standards of this code and (ii) is an
unsecured structure. This authority is in addition to that regarding
substandard buildings.
(d)
Notice.
(1)
Before the eleventh (11th) day after the date the building is secured,
the code official shall give notice to the owner of record by:
(A)
Personally serving the owner with written notice;
(B)
Sending a copy of the notice by certified mail, return receipt requested,
and an optional copy by regular mail, at the owner’s post office
or physical address;
(C)
Publishing the notice at least twice within a ten (10) day period
in the city’s official newspaper if personal service cannot
be obtained and the owner’s post office or physical address
is unknown; or
(D)
Posting the notice on or near the front door of the building if personal
service cannot be obtained or the owner’s post office or physical
address is unknown.
(2)
The notice must contain the following:
(A)
An identification, which is not required to be a legal description,
of the building and the property on which it is located;
(B)
A description of the violation of this code that is present at the
building;
(C)
A statement that the city will secure or has secured, as the case
may be, the building; and
(D)
An explanation of the owner’s entitlement to request a hearing
about any matter relating to the city’s securing of the building.
(3)
The city shall conduct a hearing before the housing standards commission
at which the owner may testify or present witnesses or written information
about any matter relating to the city’s securing of the building
if, within thirty (30) days after the date the city secures the building,
the owner files with the city secretary a written request for the
hearing. The city shall conduct the hearing within twenty (20) days
after the date the request is filed.
(e)
Method of securing.
The securing of windows, doors,
or any other opening allowing access to an unsecured unoccupied structure
shall be done with such material and in such a fashion as to effectively
bar entrance to the structure, including but not limited to plywood,
lumber, steel, replacement glass, nails, screws, and bolts. The use
of cardboard, tar paper, window and door screens or any other material
that will not effectively prevent entrance shall not be deemed sufficient
in securing a structure.
(Ordinance 07-02 adopted 1/16/07)
If, after the expiration of the time allotted under section 3.07.006 or 3.07.007 above, the owner fails to satisfy any requirement or mandate set forth therein, the city may:
(1)
Proceed
with the hearing, in the absence of the owner, lienholders and mortgagees,
if the city sent the proper notices and performed the requisite due
diligence to ascertain the owners, lienholders and mortgagees of the
property.
(2)
Vacate,
remove, secure or demolish, or cause to be vacated, removed, secured
or demolished, the building and/or relocate the occupants at its own
expense, should the owner fail to do so within the allotted time.
The expense may be assessed as a lien against the property as allowed
by law.
(3)
Repair or cause to be repaired the building only to the extent necessary to bring the structure into compliance with the minimum standards 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, as defined by this code, and expenses may be assessed, as provided in section 3.07.009 below; or
(4)
Assess
a civil penalty against the property owner for failure to repair,
remove, demolish, or secure the building, as provided herein.
(Ordinance 07-02 adopted 1/16/07)
(a)
Generally.
If the city does or causes to be done any work pursuant to a commission order, including but not limited to the abatement, repair, demolition, or securing of a structure or lot, or the abatement of any conditions caused by accumulation of refuse, vegetation or other matter, the city may proceed to secure payments for actual costs plus the administrative fee, as described in subsection (b) of this section, and as otherwise allowed by law. The code official shall keep an itemized account of any expenses incurred in abating, repairing, demolishing, or securing of a structure or lot or in abating any other condition on the property.
(b)
Administrative fee.
In addition to the actual costs
incurred in abating, repairing, demolishing, or securing a structure
or lot, there shall be an administrative fee assessed on each lot,
tract, or parcel of property to cover the actual cost of clerical
work, title searches, publications, and filing fees estimated to be
twenty percent (20%) of the value of the property.
(c)
Payment of fees; billing; due date.
The actual cost
of abating, repairing, demolishing, or securing a structure or lot,
or abating any other condition on the property, plus the attendant
administrative fee, shall become due and payable upon the completion
of the repairing, demolishing, or securing of the structure or other
abatement procedure. The code official shall send by certified mail,
return receipt requested, and an optional second copy by regular mail,
an itemized billing to the owner or owners of record, describing the
work done. Any money recovered by payment of the charge or assessment
or from the sale of property at foreclosure sale, to the extent allowed
by law, shall be paid to the city treasurer, who shall credit the
same to the repair and demolition fund. If, after thirty (30) days
from the billing date, payment in full has not been made, then the
city may proceed to collect all monies and fees due by filing a lien
upon real property. All such charges shall bear interest at the rate
of ten percent (10%) per annum from the date the owner of the real
property receives the aforementioned notice of demand for payment
of such charges. The city may bring suit in a court of competent jurisdiction
to foreclose its liens and collect all monies and fees due. The written
statement of such charges, or a certified copy thereof, shall be prima
facie evidence of the city’s claim for charges or right to foreclose
the lien.
(d)
Filing of notice of lien.
The city shall file its notice
of lien in the office of the county clerk. The notice shall contain
the name and address of the owner if that information can be determined
with a reasonable effort, a legal description of the property on which
the building was located, the amount of expenses incurred by the city
and the balance due.
(e)
Extinguishment of lien.
The lien is extinguished if
the property owner or other person having an interest in the legal
title to the property reimburses the city for the expenses.
(f)
Homestead exemption.
Real property protected by the
state constitution as a homestead shall not be subject to assessment
of liens resulting in expenses involved in the abatement, repair,
or demolition or in securing a structure or lot as described in the
process of this code.
(Ordinance 07-02 adopted 1/16/07)
No officer, agent or employee of the city shall render himself
personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his
duties under this code. Any suit brought against any officer, agent
or employee of the city, as a result of any act required or permitted
in the discharge of his duties under this code, shall be defended
by the city attorney until the final determination of the proceedings
herein.
(Ordinance 07-02 adopted 1/16/07)
