(a) 
Title.
This code shall be known as the 1997 Structural Standards Code of the city, and may be cited as such, and will be referred to herein as “the code.” It is adopted under the authority of chapter 214 of the Texas Local Government Code. This code is based in part upon the Uniform Housing Code, 1997 edition, as promulgated by the International Conference of Building Officials, and to the extent that the Uniform Housing Code is consistent with this code it is hereby adopted by the city.
(b) 
Purpose.
The purpose of this code is to provide minimum requirements for the protection of life, health, property, safety, and welfare of the general public from the hazards and dangers of substandard structures; to establish minimum standards for the continued use and occupancy of all structures, regardless of the date of their construction; to provide for giving proper notice to the owner of a structure; and to provide for a public hearing to determine whether a structure complies with the standards set out in this code.
(c) 
Applicability.
(1) 
Generally.
The provisions of this code shall apply to all structures, buildings or portions thereof, regardless of the date of construction, all related structures and their premises when located within the corporate limits of the city. Any commercial building not used or designed or intended to be used for human occupancy must meet all provisions except those provisions properly limited to buildings which contain living units. Such occupancies in existing buildings may be continued except such structures as are found to be substandard as defined in this code. Where any building or portion thereof is used or intended to be used as a combination apartment house-hotel, the provisions of this code shall apply to the separate portions as if they were separate buildings. Every rooming house or lodging house shall comply with all the requirements of this code for dwellings.
(2) 
Alteration of existing structure.
Existing structures which are altered or enlarged shall be made to conform to this code insofar as the new work is concerned and in accordance with the building code.
(3) 
Relocation of building.
Existing buildings which are moved or relocated shall be considered as new buildings and shall comply with all the requirements of this code and the building code as adopted by the city.
(Ordinance 115 adopted 1/26/98)
(a) 
Enforcement generally; responsibility for compliance.
(1) 
Authority.
The city secretary or her designee is hereby authorized and directed to administer and enforce all of the provisions of this code.
(2) 
Right of entry.
Whenever necessary to make an inspection to enforce any of the provisions of this code, or when there is reasonable cause to believe that there exists in any structure, or upon any premises, any condition which makes it substandard, as defined in this code, the city secretary, or her authorized representative, may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed by this code; provided that, if such structure or premises be occupied, she shall first make a reasonable effort to locate the owner or persons having charge or control of the building or premises, and request permission to enter the premises. If such entry is refused, the city secretary, or her authorized representative, shall obtain an administrative search warrant as provided in section 18.05 of the Texas Code of Criminal Procedure.
(3) 
Responsibilities defined.
(A) 
Every owner remains liable for violations of duties imposed upon him by this code, even though an obligation is also imposed on the occupants of his building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this code. Every owner, or his agent, shall be responsible for maintaining his structure in a sound structural condition. The owner, or his agent, shall be responsible for keeping that part of the structure or premises which he occupies or controls in a clean, sanitary, and safe condition, including the shared or public areas in a building containing two or more dwelling units.
(B) 
Where required by this code or the health ordinances, every owner shall furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment, or facilities for the prevention of insect and rodent infestation. Where infestation has taken place, the owner, or his agent, shall be responsible for the extermination of any insects, rodents, or other pests.
(C) 
Every occupant of a dwelling unit shall be responsible for keeping that part of the dwelling or dwelling unit or premises which he occupies and controls in a clean, sanitary, and safe condition. Every occupant shall dispose of all rubbish, garbage, and other organic waste in a manner required by the health ordinances and approved by the health officer.
(D) 
Where required by this code or the health ordinances, every occupant shall furnish and maintain approved devices, equipment or facilities necessary to keep premises safe and sanitary.
(E) 
Where sections of this code have requirements that conflict with the building code, the building code shall apply.
(b) 
Substandard structures.
Any structure or portion thereof which fails to meet the requirements of this code is substandard and shall be abated in accordance with the procedures specified in this code.
(c) 
Authority of city council.
The city council shall provide the final interpretation of the provisions of this code and provide for hearings and the issuance of orders. The city council may adopt reasonable rules and regulations for conducting its hearings under this code and shall render all decisions and findings in writing to the property owner(s), mortgagees and lienholders. Hearings before the city council shall be provided for in accordance with the provisions contained in section 3.03.012 of this code.
(d) 
Violations; penalty.
No person, firm, or corporation, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building, structure, or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this code or any order issued by the city council hereunder. Any person violating the provisions of this section shall be guilty of a misdemeanor and may be fined up to $2,000.00. Each day the violation continues shall constitute a separate offense.
(Ordinance 115 adopted 1/26/98)
(a) 
Permit required.
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 in accordance with the applicable provisions of the building code.
(b) 
Fees.
Whenever a building permit is required by subsection (a) of this section, the appropriate fees shall be paid as specified in the building code.
(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 in accordance with the building code.
(Ordinance 115 adopted 1/26/98)
For the purpose of this code, certain abbreviations, terms, phrases, words, and their derivatives shall be construed as specified in the building code. Additional phrases are defined as follows:
Building code.
The Uniform Building Code as it has been adopted by the city.
City secretary.
The city secretary or her designee.
Health officer.
The legally designated representative of the department of state health services.
Hot water.
Water at a temperature of not less than 120 F.
Nuisance.
The following shall be defined as nuisances:
(1) 
Any public nuisance known at common law or in equity jurisprudence.
(2) 
Any attractive nuisance which may prove detrimental to children, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations, abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris, or vegetation which may prove a hazard for inquisitive minors.
(3) 
Whatever is dangerous to human life or is detrimental to health, as determined by the health officer.
(4) 
Insufficient ventilation or illumination.
(5) 
Inadequate or unsanitary sewage or plumbing facilities.
(6) 
Uncleanliness, as determined by the health officer.
(7) 
Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings, as determined by the health officer.
(8) 
Any materials or conditions which will have an adverse effect on adjacent premises by reducing the desirability of living conditions in the immediate neighborhood and cause a substantial depreciation in property values.
(9) 
Any portion of a structure or foundation remaining on a site after the demolition or destruction of a structure.
(10) 
Any structure which has been abandoned and is open, permitting the unauthorized entry of any person.
Occupied space.
The total of all buildings or structures on any lot or parcel of ground projected on a horizontal plane, excluding permitted projections as allowed by this code.
Structure.
That which has been or is under construction, including but not limited to all buildings, basements, fences, walls, septic tanks, foundations or sidewalks.
(Ordinance 115 adopted 1/26/98)
(a) 
Location on property; access to public passageways.
All structures shall be located with respect to property lines and to other structures on the same property as required by the zoning ordinance of the city and the building code. Each dwelling unit and each guest room in a dwelling or a lodging house shall have access to a passageway not less than three (3) feet in width, leading to the public street or alley. Each apartment house or hotel shall have access to a public street by means of a passageway not less than four (4) feet in width.
(b) 
Room dimensions.
(1) 
Ceiling height.
(A) 
Habitable rooms, storage rooms and laundry rooms shall have a ceiling height of not less than seven (7) feet six (6) inches. Hallways, corridors, bathrooms, and toilet compartments shall have a ceiling height of not less than seven (7) feet measured to the lowest projection from the ceiling.
(B) 
If any room in a building has a sloping ceiling, the prescribed ceiling for the room is required in only one-half (1/2) of the area thereof. No portion of the room measuring less than five (5) feet, from the finished floor to the finished ceiling, shall be included in any computation of the minimum area thereof.
(C) 
If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds (2/3) the area thereof, but in no case shall the height of the furred ceiling be less than seven (7) feet.
(2) 
Floor area.
Every dwelling unit shall have at least one (1) room which shall have not less than one hundred twenty (120) square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than seventy (70) square feet.
(3) 
Width.
No habitable room shall be less than seven (7) feet in any dimension and no water closet space less than thirty (30) inches in width and shall provide a clear space in front of the toilet stool not less than twenty-four (24) inches.
(c) 
Light and ventilation.
(1) 
Natural light and ventilation.
(A) 
All guest rooms, dormitories, and habitable rooms within a dwelling unit shall be provided with natural light by means of windows or skylights with an area of not less than one-tenth (1/10) of the floor area of such rooms with a minimum of ten (10) square feet.
(B) 
All bathrooms, water closet compartments, laundry rooms, and similar rooms within a dwelling unit shall be provided with natural ventilation by means of windows or skylights with an area of not less than one-tenth (1/10) of the floor area of such rooms with a minimum of five (5) square feet.
(C) 
Within a dwelling unit, not less than one-half (1/2) of the required window or skylight area shall be openable to provide natural ventilation.
(2) 
Origin of light and ventilation.
(A) 
Required windows within a dwelling unit shall open directly onto a street or public alley, or a yard or court located on the same lot as the building.
(B) 
A required window in a service room may open into a vent shaft which is open and unobstructed to the sky and not less than four (4) feet in least dimension. No vent shaft shall extend through more than two (2) stories.
(C) 
For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an adjoining room when one-half (1/2) of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth (1/10) of the floor area of the interior room or twenty-five (25) square feet, whichever is greater.
(3) 
Mechanical ventilation.
In lieu of openable windows for natural ventilation, a mechanical ventilation system may be provided. Such system shall be capable of providing two (2) air changes per hour in all guest rooms, dormitories, habitable rooms, and in public corridors. One-fifth (1/5) of the air supply shall be taken from the outside. In bathrooms, water closet compartments, laundry rooms, and similar rooms, a mechanical ventilation system connected directly to the outside, capable of providing five (5) air changes per hour, shall be provided.
(d) 
Sanitation.
(1) 
Dwelling units.
Every dwelling unit shall have within the unit a functional water closet, lavatory, and bathtub or shower.
(2) 
Hotels.
Where private water closets, lavatories, and baths are not provided, there shall be provided on each floor for each sex at least one (1) water closet and lavatory and one (1) bath accessible from a public hallway. Additional water closets, lavatories, and baths shall be provided on each floor for each sex at the rate of one (1) for each ten (10) guests, or fractional number thereof in excess of ten (10). Such facilities shall be clearly marked for “Men” or “Women.”
(3) 
Kitchen.
Each dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with a kitchen sink. No wooden sink or sink of similarly absorbent material shall be permitted.
(4) 
Fixtures.
All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system. All plumbing fixtures shall be connected to an approved system of water supply and provided with hot and cold running water, except water closets shall be provided with cold water only. All plumbing fixtures shall be of an approved glazed earthenware type or of a similarly nonabsorbent material.
(5) 
Water closet compartments.
Walls and floors of water closet compartments shall be finished in accordance with the building code.
(6) 
Room separations.
Every water closet, bathtub, or shower required by this code shall be installed in a room which will afford privacy to the occupant. A room in which a water closet is located shall be separated from food preparation or storage rooms by a tightfitting door.
(7) 
Installation and maintenance of sanitary facilities.
All sanitary facilities shall be installed and maintained in a safe and sanitary condition and in accordance with all applicable laws.
(8) 
Screening.
Every window, door, and other opening to outdoor space in the exterior of every structure shall be effectively protected against the entrance of insects. Every opening, except bulkheads, used for ingress and egress from a structure used for human habitation directly to or from outdoor space shall be supplied with either a self-closing device or a self-closing screen door, and every window in every habitable room, bathroom, toilet room or compartment and every other opening to outdoor space shall be equipped with approved screening, provided that such screening is necessary for effective protection against insects.
(Ordinance 115 adopted 1/26/98)
(a) 
Type of construction; structural elements.
Buildings or structures may be of any type of construction permitted by the building code. Roofs, floors, walls, foundations, and all other structural components of buildings shall be capable of resisting any and all forces and loads to which they may be subjected. All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the building code. Buildings of every permitted type of construction shall comply with the applicable requirements of the building code.
(b) 
Weather protection.
Every building shall be weather protected so to provide shelter for the occupants against the elements and to exclude dampness.
(c) 
Protection of materials.
All wood shall be protected against termite damage and decay as provided in the building code.
(Ordinance 115 adopted 1/26/98)
(a) 
Heating.
Every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a room temperature of 70 F at a point three (3) feet above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition and in accordance with the building code and all other applicable laws. No unvented fuel-burning heaters shall be permitted. All heating devices or appliances shall be of an approved type.
(b) 
Electrical equipment.
All electrical equipment, wiring, and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type.
(c) 
Ventilation.
Ventilation for rooms and areas, and for fuel-burning appliances, shall be provided as required in the mechanical code and in this code. Where mechanical ventilation is provided in lieu of the natural ventilation required by section 3.03.005(c) of this code, such mechanical ventilating system shall be maintained in operation during the occupancy of any building or portion thereof.
(Ordinance 115 adopted 1/26/98)
(a) 
Every dwelling unit or guest room shall have access directly to the outside or to a public corridor. All buildings or portions thereof shall be provided with exits, exitways, and appurtenances as required by building code.
(b) 
Every sleeping room below the fourth floor shall have at least one (1) window or exterior door approved for emergency exits or rescue. Where windows are provided, they shall have a sill height not more than forty-eight (48) inches above the floor.
(c) 
Windows with a net clear openable area not less than five (5) square feet with no dimension less than twenty (20) inches shall be deemed to meet the requirements of this section, provided the sill heights are not over forty-four (44) inches above the floor.
(Ordinance 115 adopted 1/26/98)
All buildings or portions thereof shall be provided with the degree of fire-resistive construction as required by the building code for the appropriate occupancy, type of construction, and location on property, and shall be provided with the appropriate fire-extinguishing systems or equipment required by the building code.
(Ordinance 115 adopted 1/26/98)
Any building, structure or portion thereof, including any dwelling unit, guest room or suite of rooms, or premises on which the same is located, in which there exists any of the following listed conditions to the extent that it is a hazard to the public health, safety and welfare, or is a hazard to the occupants, is a substandard building as defined in section 3.03.002(b) of this code:
(1) 
Inadequate sanitation.
Inadequate sanitation shall include but not be limited to the following:
(A) 
Lack of or improper water closet, lavatory, bathtub or shower in a dwelling unit.
(B) 
Lack of or improper water closets, lavatories, bathtubs or showers per number of guests in a hotel.
(C) 
Lack of or improper kitchen sink in a dwelling unit.
(D) 
Lack of hot and cold running water to plumbing fixtures in a hotel.
(E) 
Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
(F) 
Lack of adequate heating facilities.
(G) 
Lack of or improper operation of required ventilating equipment.
(H) 
Lack of minimum amounts of natural light and ventilation required by this code.
(I) 
Room and space dimensions less than required by this code.
(J) 
Lack of required electrical lighting.
(K) 
Dampness of habitable rooms.
(L) 
Infestation of insects, vermin or rodents as determined by the health officer or his designee.
(M) 
General dilapidation or improper maintenance.
(N) 
Lack of connection to required sewage disposal system.
(O) 
Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer or his designee.
(2) 
Structural hazards.
Structural hazards shall include but not be limited to the following:
(A) 
Deteriorated or inadequate foundations.
(B) 
Defective or deteriorated flooring or floor supports.
(C) 
Flooring or floor supports of insufficient size to carry imposed loads with safety.
(D) 
Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
(E) 
Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.
(F) 
Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split, or buckle due to defective material or deterioration.
(G) 
Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.
(H) 
Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.
(I) 
Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
(3) 
Nuisances.
Any nuisance as defined in this code or the building code.
(4) 
Hazardous wiring.
All wiring except that which conformed with all applicable laws in effect at the time of installation, and which has been maintained in good condition and is being used in a safe manner.
(5) 
Hazardous plumbing.
All plumbing except that which conformed with all applicable laws in effect at the time of installation, and which has been maintained in good condition and which is free of cross-connections and siphonage between fixtures.
(6) 
Hazardous mechanical equipment.
All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation, and which has been maintained in good and safe condition.
(7) 
Faulty weather protection.
Weather protection which shall include, but not be limited to, the following:
(A) 
Deteriorated, crumbling, or loose plaster.
(B) 
Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors.
(C) 
Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
(D) 
Broken, rotted, split, or buckled exterior wall coverings or roof coverings.
(8) 
Fire hazards.
Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion, or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
(9) 
Faulty materials of construction.
All materials of construction, except those which are specifically allowed or approved by this code and the building code, and which have been adequately maintained in good and safe condition.
(10) 
Hazardous or unsanitary premises.
Those premises on which [there is] an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions which constitute fire, health, or safety hazards.
(11) 
Inadequate maintenance.
Any building or portion thereof which is determined to be an unsafe building in accordance with the building code.
(12) 
Inadequate exits.
All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction, and which have been adequately maintained and increased in relation to increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of or improper location of exits, additional exits may be required to be installed.
(13) 
Inadequate fire protection or firefighting equipment.
All buildings or portions thereof which are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(14) 
Improper occupancy.
All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies.
(Ordinance 115 adopted 1/26/98)
(a) 
Commencement of proceedings.
Whenever the city secretary, or her designee, has inspected or caused to be inspected any structure and has found and determined that such structure is a substandard structure, she may commence proceedings to require the vacation, relocation of occupants, securing, repair, removal, or demolition of the structure.
(b) 
Form and contents.
The city secretary or her designee shall make a diligent effort to discover the name and address of each owner, mortgagee or lienholder of the structure as found in the real property records of the county clerk. He shall then issue a notice to each owner, mortgagee or lienholder, which shall contain the following:
(1) 
The street address and legal description sufficient for identification of the premises upon which the structure is located.
(2) 
A statement that the city secretary believes the structure to be in violation of the terms of the structural standards code, with a brief and concise description of the conditions found to render the structure in violation. The city secretary may comply with this section by attaching a copy of any report of the inspection of the structure to the notice.
(3) 
A statement advising that a hearing has been set before the city council for the purpose of making a final determination of whether the structure is in violation of the code, naming a specific hearing date, which shall be more than ten (10) days after the date the notice is mailed. The statement shall be adequate if in substantially the following form:
You are hereby notified that a hearing will be held before the City Council of the City of New Deal, Texas, at _____ on the _____ day of _____ 199 _____ at _____ p.m. The purpose of the hearing is to make a final determination as to whether the structure described is in violation of the Structural Standards Code of the City of New Deal, Texas. You may be present at the hearing. You may be, but need not be, represented by legal counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit thereof with the City Council. At the time of the hearing, you (whether you be 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 the Code and the time it will take to reasonably perform the work. In the event you seek to obtain more than thirty (30) days to complete the project, you will be required to reasonably establish that the work cannot be completed within thirty (30) days. In the event you seek to obtain more than ninety (90) days to complete the work, you will be required to submit a detailed plan and time schedule for the work at the hearing and establish that the work cannot be completed within ninety (90) days.
Following the hearing, the City Council may issue an order requiring the vacation, relocation of occupants, securing, repair (with or without vacation), removal, or demolition of the structure if the City Council finds that any of the following conditions exist:
(A) 
The structure in question is dilapidated, substandard, or unfit for human habitation; and a hazard to the public health, safety, and welfare;
(B) 
The structure is unoccupied by its owners 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;
(C) 
If boarded up, fenced or otherwise secured in any manner, the building constitutes a danger even though secured from entry; or the means used to secure the building are inadequate to prevent unauthorized entry or use of building in the manner described in (B) above.
Following entry of the order, any person affected by the order may appeal the order to the State District Court for relief within thirty (30) days, and upon failure to do so within such period of time, the order shall become final.
(c) 
Service generally; persons entitled to notice.
The notice and any amended or supplemental notice shall be served upon the record owner, and posted on the property, and one (1) copy thereof shall be served on each of the following if known to the city secretary or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record, the owner or holder of any lease filed of record, and the holder of any other estate or legal interest filed of record in or to the building or the land on which it is located. The failure of the city secretary to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this code.
(d) 
Method of service.
Service of the notice shall be made upon all persons entitled thereto, either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, to each person at his address as it appears in the official records of the county clerk, any appraisal district or as known to the city secretary. If such certified letter is not deliverable as addressed, service may be by publication two (2) times within ten (10) consecutive days in a newspaper of general circulation within this county. If no address of any such person so appears or is known to the city secretary, then a copy of the notice shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Delivery by certified mail in the manner herein provided shall be effective service on the date of mailing.
(e) 
Proof of service.
Proof of service of the notice shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice retained by the city secretary.
(Ordinance 115 adopted 1/26/98)
(a) 
Hearing required.
Before any order is issued by the city council or any work is performed by the city secretary on any building or part thereof which is in violation of this code, except under subsection (e) of this section dealing with emergency remedies, there shall first be a hearing conducted by the city council.
(b) 
Standards to be followed.
The following standards shall be followed by the city council in ordering the repair, vacation, relocation of occupants, demolition or removal of a structure:
(1) 
The city council may issue an order requiring the vacation, relocation of occupants, securing, repair (with or without vacation), removal, or demolition of the structure if the city council finds that any of the following conditions exist:
(A) 
The structure in question is dilapidated, substandard, or unfit for human habitation, and a hazard to the public health, safety, and welfare;
(B) 
That, regardless of its structural condition, the structure is unoccupied by its owners 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
(C) 
If boarded up, fenced or otherwise secured in any manner if:
(i) 
The building constitutes a danger even though secured from entry; or
(ii) 
The means used to secure the building are inadequate to prevent unauthorized entry or use of the manner described in subsection (B) above.
(2) 
(A) 
If the city council finds that the structure is in violation, then the council shall require the owner, lienholder, or mortgagee of the building to within thirty (30) days:
(i) 
Secure the structure from unauthorized entry; or
(ii) 
Repair, remove or demolish the structure within thirty (30) days, unless the owner or lienholder establishes at the hearing that the work cannot be reasonably performed within thirty (30) days.
(B) 
If the owner establishes that the work cannot be reasonably completed in thirty (30) days and the city council determines that additional time is necessary, the council shall establish specific time schedules for the commencement and performance of the work 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 council.
(C) 
The city council shall not allow an owner, lienholder or mortgagee more than ninety (90) days to repair, remove or demolish the structure or fully perform all work required to comply with the order unless the owner, lienholder or mortgagee:
(i) 
Submits a detailed plan and time schedule for the work at the hearing; and
(ii) 
Establishes at the hearing that the work cannot be reasonably be completed within ninety (90) days because of the scope and complexity of the work.
(D) 
If the city council 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 structure, the council shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the city secretary to demonstrate that the owner, lienholder, or mortgagee has complied 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 city secretary to demonstrate compliance with the time schedules.
(E) 
In the public hearing to determine whether a structure complies with the standards set out in the code, the owner, lienholder or mortgagee has the burden of proof to demonstrate the scope of work that may be required to comply with the code and the time it will take to reasonably perform the work.
(c) 
Right to appeal.
Any person affected by any order may seek to appeal the order within thirty (30) days to the state district court for relief, and upon failure to do so within such period of time such order shall be final.
(d) 
Findings of fact.
Following the hearing, any person wishing to appeal the decision of the city council may request that the city council make such findings as the city council believes necessary to support its order. In the event a party fails to request such findings within thirty (30) days, it shall be presumed that the city council made such findings as are necessary to support its decision.
(e) 
Emergency abatement.
In the event that a structure constitutes a substantial and immediate hazard to the public health, safety and welfare as a result of fire, civil disobedience or natural disaster to the extent that an imperative public need exists to abate a portion or all of the structure, the city secretary may immediately, without prior hearing before the city council, abate that portion of the structure which causes the hazard, provided:
(1) 
The city secretary has made a reasonable effort to determine the name and location of each owner and lienholder or mortgagee and has attempted to give each owner, lienholder and mortgagee notice of the impending action by the city secretary. The notice may be given orally and a record shall be kept of the time and date of each communication.
(2) 
The structure shall be abated only to the extent necessary to remove the immediate hazard to the public health, safety and welfare. The structure shall then be treated as any other substandard structure and additional abatement may be done only after notice and hearing as provided in section 3.03.011 and this section.
(Ordinance 115 adopted 1/26/98)
(a) 
Generally.
(1) 
Record.
A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the city council.
(2) 
Reporting.
The proceedings at the hearing shall also be reported by a stenographic reporter, if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the city council, but shall in no event be greater than the cost involved.
(3) 
Continuances.
The city council may grant continuances for good cause shown.
(4) 
Oaths; certification of official acts.
In any proceedings under this article, the city council or a councilmember has the power to administer oaths and affirmations and to certify to official acts.
(5) 
Reasonable dispatch.
The city council and its representatives shall proceed with reasonable dispatch to conclude any matter before it.
(b) 
Subpoenas.
(1) 
Filing of affidavit.
The city council may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at a hearing upon the request of a member of the city council or upon the written demand of any party. The issuance and service of such subpoena at the request of a party shall be obtained upon the filing of an affidavit therefor which states that the witness has the desired testimony or things in his possession or under his control. A subpoena need not be issued when the affidavit is defective in any particular.
(2) 
Penalties.
Any person who refuses, without lawful excuse, to attend any hearing, or to produce material evidence in his possession or under his control as required by any subpoena served upon such person as provided for herein, shall be guilty of a misdemeanor.
(c) 
Conduct of hearing.
(1) 
Rules.
Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
(2) 
Oral evidence.
Oral evidence shall be taken only on oath or affirmation.
(3) 
Hearsay evidence.
Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.
(4) 
Admissibility of evidence.
Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
(5) 
Exclusion of evidence.
Irrelevant and unduly repetitious evidence shall be excluded.
(6) 
Rights of parties.
Each party shall have the following rights, among others:
(A) 
To call and examine witnesses on any matter relevant to the issues of the hearing;
(B) 
To introduce documentary and physical evidence;
(C) 
To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
(D) 
To impeach any witness regardless of which party first called him to testify;
(E) 
To rebut the evidence against him;
(F) 
To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so.
(7) 
Official notice.
(A) 
What may be noticed.
In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the city council or departments and ordinances of the city or rules and regulations of the city council.
(B) 
Parties to be notified.
Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto.
(C) 
Opportunity to refute.
Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of which such refutation to be determined by the city council.
(D) 
Inspection of the premises.
The city council may inspect any building or premises involved in the hearing during the course of the hearing, provided that:
(i) 
The notice of such inspection shall be given to the parties before the inspection is made;
(ii) 
The parties are given an opportunity to be present during the inspection; and
(iii) 
The city council shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party shall then have a right to rebut or explain the matters so stated by the city council.
(d) 
Method and form of decision.
(1) 
Participation in decision.
Where a contested case is heard before the city council, no member thereof who did not hear the evidence or has not read the entire record of the proceedings shall vote on or take part in the decision.
(2) 
Form of decision.
The decision shall be in writing and may contain findings of fact; it shall contain a determination of the issues presented, and the requirements for compliance. A copy of the decision shall be delivered to each party personally or sent to each party by United States mail, certified, return receipt requested, postage prepaid.
(3) 
Effective date of decision.
The effective date of the decision shall be as stated therein.
(e) 
Filing and delivery of order.
Within ten (10) days after the date the order is issued, the city secretary shall:
(1) 
File a copy of the order in the office of the city secretary; and
(2) 
Serve a copy of the order upon each owner, mortgagee and lienholder by certified mail, return receipt requested.
(3) 
Publish in a newspaper of general circulation in the city a notice containing:
(A) 
The street address and legal description of the property;
(B) 
The date of the hearing;
(C) 
A brief statement indicating the results of the order; and
(D) 
Instructions stating where a complete copy of the order may be obtained.
(Ordinance 115 adopted 1/26/98)
(a) 
Compliance with orders.
(1) 
Required.
After any order of the city council pursuant to this code has become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey such order. Any such person who fails to comply with a such order is guilty of a misdemeanor.
(2) 
Failure to obey order.
If, after any order of the city council made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the city secretary may:
(A) 
Cause such person to be prosecuted under subsection (a)(1) of this section; or
(B) 
Take any appropriate action to abate such structure pursuant to the order.
(3) 
Posting of notice to vacate structure.
(A) 
Notice contents.
The city secretary shall, if ordered by the city council pursuant to section 3.03.012(b)(2), cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading as follows:
SUBSTANDARD STRUCTURE
DO NOT OCCUPY
It is a misdemeanor punishable by up to a $2,000 fine to occupy this structure, or to remove or deface this Notice.
City Secretary
City of New Deal
(B) 
Failure to obey notice.
No person shall occupy any building which has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition, or removal ordered by the city council have been completed.
(4) 
Additional remedies.
In addition to any other remedy herein provided, if a party fails to comply with an order of the council within the time provided then the city secretary may take such action as is required by the order.
(b) 
Repairs by city.
If, after the expiration of the period of time allowed in an order of the city council, the person to whom the order was directed shall fail, neglect or refuse to obey such order, then the city secretary may repair the building to the extent necessary to meet the minimum requirements of this code at the expense of the city. Costs incurred shall be assessed against the land on which the building stands or is attached and a notice of lien shall be filed as provided by section 214.0015(d) of the Texas Local Government Code. The notice of lien shall be substantially in the form required by this code or by statute.
(c) 
Civil penalties.
At the time of the hearing provided by this code, the city council may provide that, if the person to whom the order is directed shall fail, neglect or refuse to obey any order, then a civil penalty shall be assessed against the property. The city council may set the amount of the penalty at the time of the hearing in an amount not to exceed $1,000.00 per day if the property is not homestead property and in an amount not to exceed $10.00 per day if the property is occupied by the owner as his homestead. The civil penalties shall be assessed against the land on which the building stands or stood and a notice of lien shall be filed as provided in section 214.0015(d) of the Texas Local Government Code. The notice of lien shall be substantially in the form required by this code or by statute.
(d) 
Interference with repair or demolition work prohibited.
It shall be a misdemeanor for any person to obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city, or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this code, whenever such officer, employee, contractor or authorized representative of the city, or person having an interest or estate in such building or structure, is demolishing any such building pursuant to the provisions of this code, or is performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code.
(Ordinance 115 adopted 1/26/98)
(a) 
Account of city’s expenses; filing of statement.
The city secretary shall keep an itemized account of the expense incurred by the city for administrative cost, demolition or removal of any structure and the cleaning of the lot where the structure was located, pursuant to the provisions of section 3.03.014(b) of this code. Upon completion of this abatement, the city secretary shall prepare a notice of lien specifying the work done, and the total cost of the work, a description of the real property upon which the structure was located, and the names and addresses of the persons entitled to notice pursuant to section 3.03.011(c) of this code.
(b) 
Lien of assessment.
(1) 
Priority.
Immediately upon recordation, the amount assessed shall be payable, and the assessment shall be a lien against the parcel of land where the work was performed and against any remaining improvements thereon. The lien shall be subordinate only to tax liens and liens to secure the cost of street improvements after they have been so made.
(2) 
Interest.
All such assessments remaining unpaid after thirty (30) days from the date of recordation shall become delinquent and shall bear interest at the rate of ten percent (10%) per annum from and after said date.
(c) 
Foreclosure.
For any such expenditures and interest, suit may be instituted and foreclosure had in the name of the city. A certified copy of the lien and billing statements shall be prima facie proof of the amount expended in any such work.
(d) 
Repayment.
All money recovered by payment of the charge or assessment, including any interest thereon, or from the sale of the property at foreclosure sale, shall be paid to the city secretary, who shall credit the same to the general fund.
(Ordinance 115 adopted 1/26/98)