This article is intended to adopt and implement, in the broadest possible terms, the powers, duties, and authorities set out in subchapters B and C of chapter 54 of the Texas Local Government Code, and sections 214.001 and 214.003 of subchapter A of chapter 214 of the Texas Local Government Code, as said statutes apply to the subject matter of this article, and as otherwise stated herein. Provisions of this article shall not be narrowly construed, but shall be broadly applied to accomplish the stated purposes of this article.
(Ordinance 94 adopted 2/3/76; 1986 Code, secs. 6.100–6.114; Ordinance 241 adopted 11/15/05; Ordinance adopting 2017 Code)
For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Building official
means the person or persons designated by the city manager to enforce the provisions of this article.
Commission
means, unless otherwise specified, the building standards commission created under this article.
Dangerous building or structure.
All buildings or structures which have any of the following defects or lack of facilities shall be deemed dangerous buildings or structures:
(1) 
All buildings or structures that have become deteriorated through natural causes or by damage through exposure to the elements, especially wind, hail or rain, or damage through fire to the extent that the roof, windows or doors, or portions of the house, building or structure which protect the interior from the weather, would no longer reasonably protect from the weather.
(2) 
All buildings or structures which are so structurally deteriorating that they are in danger of collapse, or which cannot be expected to withstand the forces of nature.
(3) 
All buildings or structures not wired so as to provide in operating condition electrical circuits sufficient to safely carry a load imposed by normal use of appliances and fixtures.
(4) 
All buildings or structures of which the floors, walls, ceilings, and all supporting members are not capable of bearing imposed loads safely.
(5) 
All buildings or structures so deteriorated or constructed or permitted to be constructed as to constitute a menace to health or safety, including all conditions conducive to the harboring of rats or mice or other disease-carrying animals or insects, reasonably calculated to spread disease, and including such conditions hazardous to safety as inadequate bracing or use of deteriorating materials.
(6) 
All buildings or structures which constitute or in which are maintained fire hazards as that term is defined by the ordinances of the city.
(7) 
All buildings or structures substantially in noncompliance with the requirements of the city’s building code, electrical code, plumbing code, fire code, or other applicable codes of the city such that said buildings or structures constitute a menace or hazard to the public health or safety.
(8) 
All buildings or structures so dilapidated or substandard as to be unfit for human habitation.
(9) 
All buildings or structures which, causes [because] of activities involving the sale, use, or abuse on said premises of illicit drugs or alcohol or other similar activities as certified to by the city manager, or his designee, constitute a fire hazard or a menace to the health, safety, and welfare of the citizens of the city.
(Ordinance 94 adopted 2/3/76; 1986 Code, secs. 6.100–6.114; Ordinance 241 adopted 11/15/05; Ordinance adopting 2017 Code)
All dangerous buildings or structures which shall constitute a menace to the health, morals, safety or general welfare of their occupants or of the general public are declared to be public nuisances and shall be ordered to be vacated, removed, repaired, secured, or demolished as hereinafter provided.
(Ordinance 94 adopted 2/3/76; 1986 Code, secs. 6.100–6.114; Ordinance 241 adopted 11/15/05; Ordinance adopting 2017 Code)
(a) 
Responsibilities of commission.
The commission shall, upon due notice as set out herein, conduct proceedings to implement and enforce the provisions of this article.
(b) 
Establishment of procedures.
The commission shall establish procedures for use in hearings, providing ample opportunity for presentation of evidence and testimony by respondents or persons opposing charges brought by the city or its building officials relating to alleged violations of this article.
(c) 
Commission membership.
The commission shall consist of three members appointed by the city council to serve for a term of two (2) years.
(d) 
Purpose of proceedings; notice required; time limit.
In the conduct of all proceedings before the commission, the purpose of such proceedings shall be to determine whether or not a building or structure complies with the standards set out in this article. Precedent to any such proceedings the city will make a diligent effort to identify the owner or owners of the building or structure under review and likewise will make a diligent effort to discover each mortgagee and lienholder. Before conducting the proceedings, the city shall notify each owner or owners of the building or structure under review as well as each mortgagee and lienholder which the city could reasonably identify and shall be given [shall give] an opportunity to both the owner and the mortgagee or lienholder to appear at the proceeding. Any order issued by the commission pursuant to said proceeding shall specify a reasonable time for the building to be vacated, secured, repaired, removed, or demolished by the owner or for the occupants to be relocated by the owner and an additional reasonable time for the ordered action to be taken by any of the mortgagees or lienholders in the event the owner fails to comply with the order within the time frame provided for action by the owner. All work shall be completed within thirty (30) days, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed in thirty (30) days. The commission may not allow the owner or lienholder more than thirty (30) days to repair, remove, or demolish the building unless it establishes a specific time schedule for the commencement and performance of the work. In such event, the owner or lienholder shall be required to secure the building in a reasonable manner, as determined by the commission, from unauthorized entry while work is being performed. The commission may not allow more than ninety (90) days to repair, remove, or demolish the building or structure, or perform all work required to comply with the order, unless the owner or lienholder submits a detailed plan and time schedule for the work at the hearing. The commission may not approve any such plan allowing more than ninety (90) days for completion unless it determines that the scope and complexity of the work requires more than ninety (90) days to complete. The commission may further require the owner or lienholder to report the progress of such work in accordance with Texas Local Govt. Code Ann. section 214.001(k). The commission is not required to furnish any notice to a mortgagee or lienholder other than a copy of the order in the event the owner fails to timely take the ordered action. Subsequent to each proceeding, the commission shall make written findings of fact as to whether or not the building or structure under review is in fact a dangerous building as that term is defined herein.
(e) 
Issuance of order.
If the commission finds that the building or structure is a dangerous building or structure as defined in section 3.03.002 of this article, the commission shall issue an order to vacate, secure, repair, remove or demolish said building or structure, as appropriate.
(f) 
Records.
In addition to written findings of fact as required herein, the commission shall keep a record of its proceedings and official actions.
(g) 
Notice requirements.
(1) 
Unless other requirements are specified herein, notice of all proceedings before the commission must be given:
(A) 
By certified mail, return receipt requested, to the record owners of the affected property, and to 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 from other applicable instruments on file in the office of the county clerk;
(B) 
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; and
(C) 
By filing the notice in the official public records of real property in the county in which the property is located.
(2) 
The notice shall be mailed and posted before the tenth day before the date of the proceeding before the court and must state the date, time, and place of the proceeding. In addition, the notice shall be published in a newspaper of general circulation in the city on one occasion before the tenth day before the date fixed for the hearing.
(3) 
All notice sent by mail shall contain as a minimum 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 city codes or ordinances that exist at the building; and
(C) 
A statement that the city will vacate, secure, repair, remove, or demolish the building if the ordered action is not taken within a reasonable time.
(4) 
Following each proceeding, the commission shall issue an order containing provisions as set out herein, which shall be mailed, filed, and published in accordance with subsection (j)(1) of this section. Each such order shall specify the action to be taken as part of the notice and shall specify a reasonable time within which the owner is to take such action. The order shall provide further notice and specify an additional reasonable time within which any mortgagee or lienholder may undertake the ordered action in the event the owner fails to comply with the order within the time specified for action by the owner. The city shall not be required to furnish any notice to a mortgagee or lienholder other than a copy of the order in the event the owner fails to timely take the ordered action. The city may immediately proceed with actions authorized in the order.
(h) 
Authority of commission.
Following notice and hearing, the court may:
(1) 
Declare a building dangerous in accordance with the standards set out in this article;
(2) 
Upon a proper showing as set out herein, issue an order specifying a reasonable time for the building or other structure to be vacated, secured, repaired, removed or demolished by the owner or upon the refusal of the owner to comply, by the mortgagee or lienholder, [and] the commission may also issue an order authorizing the city to vacate, secure, repair, remove or demolish said building or structure as appropriate after the time has expired for the owner, mortgagee, or lienholder to take the ordered actions.
(i) 
Standards for order by commission.
The following standards shall be applied by the commission in determining whether or not to order a building or structure repaired, removed, vacated, demolished, or secured, or a combination of such remedies:
(1) 
If the dangerous building or structure can be reasonably repaired so that it will no longer be in a condition which is in violation of this article, it shall be ordered repaired.
(2) 
If the dangerous building or structure is in such condition as to make it dangerous to the health, safety, or general welfare of its occupants or of the public, it shall be ordered to be vacated.
(3) 
In any case where a dangerous building or structure is so damaged or destroyed that it cannot be repaired so that its existence will no longer be in violation of the terms of this article, it shall be ordered demolished or removed.
(4) 
If open to the public such as to constitute a threat to public health or safety, the commission may order such building secured by such means as the court shall deem appropriate.
(5) 
If the commission finds that the building or structure is unoccupied and is a dangerous building or structure as defined herein, the commission shall issue an order ordering the termination of utility service.
(j) 
Judicial review of decisions.
(1) 
Any persons jointly or severally aggrieved by a decision of the commission may present a petition to a district court, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be presented to the district court within 30 calendar days after the date a copy of the final decision and order of the civil municipal court is mailed by first class mail, certified, return receipt requested, to all people entitled to receive notice as provided herein. The commission shall mail that company [copy] promptly after the decision becomes final. In addition, a copy shall be published one time in a newspaper of general circulation in the city within ten calendar days after the date of the mailing of the copy as provided herein, and a copy shall also be filed in the office of the city secretary.
(2) 
On presentation of the petition, the district court may allow a writ of certiorari directed to the civil municipal court to review the decision of the civil municipal court and shall prescribe in the writ the time, which may not be less than ten days, within which a return on the writ must be made and served on the realtor [relator] or the realtor’s attorney.
(3) 
The commission may not be required to return the original papers acted on by it. It is sufficient for the commission to return certified or sworn copies of the papers or parts of the papers as may be called for by the writ.
(4) 
The return must concisely set forth other facts as may be pertinent and material to show the grounds for the decision appealed from and shall be verified.
(5) 
The allowance of the writ does not stay proceedings on the decision appealed from, but the district court, and for due cause shown, may grant a restraining order or injunction.
(6) 
If, on a hearing by the district court, it appears to the district court that testimony is necessary for the proper disposition of the matter, the district court may take evidence or appoint a referee to take evidence as it may direct and report the evidence to the district court with the referee’s findings of fact and conclusions of law, which constitute a part of the proceedings on which the determination of the district court shall be made. The district court may reverse or affirm, in whole or in part, or may modify the decision brought up for review.
(7) 
Costs may not be allowed against the city unless it appears to the district court that the city acted with gross negligence, in bad faith, or with malice in making the decision appealed from.
(8) 
If the decision of the commission is affirmed or not substantially reversed but only modified, the district court shall allow to the city all attorneys’ fees and other costs and expenses incurred by it and shall enter a judgment for those items, which may be entered against the property owners as well as all persons found to be in occupation of the property subject to the proceedings before the commission.
(k) 
Finality of commission’s decision.
If no appeals are taken to a court of proper jurisdiction from the decision of the commission within the required period as specified herein, the decision of the commission is, in all things, final and binding.
(l) 
Abstract of judgment; limitation of right of lienholder to bring judicial review.
(1) 
An abstract of judgment shall be issued against all parties found to be the owners of the subject property or in possession of the property.
(2) 
A lienholder shall not have standing to bring a judicial review as provided herein on the grounds that the lienholder was not notified of the proceedings before the civil municipal court or was unaware of the condition of the property, unless the lienholder had first appeared before and entered an appearance in opposition to the proceedings.
(Ordinance 94 adopted 2/3/76; 1986 Code, secs. 6.100–6.114; Ordinance 241 adopted 11/15/05; Ordinance adopting 2017 Code)
(a) 
If a building or structure is not vacated, secured, repaired, removed or demolished in accordance with an order of the court, the city may vacate, secure, remove, repair or demolish the building; provided, however, that the city may obtain an order from the commission.
(b) 
If the city incurs expenses under this section, the city may assess the expenses on, and the city shall have a lien against, unless it is a homestead as protected by the state constitution, the property on which the building or structure is located. 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. 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 a reasonable effort, a legal description of the real property on which the building or structure is located, the amount of expenses incurred by the city, and the balance then due.
(c) 
If notice is given and the opportunity to repair, remove, demolish, or secure the building is afforded to each mortgagee and lienholder as authorized herein, the lien shall be a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens attached to the real property to which the city’s lien attaches.
(Ordinance 94 adopted 2/3/76; 1986 Code, secs. 6.100–6.114; Ordinance 241 adopted 11/15/05; Ordinance adopting 2017 Code)
The building official shall:
(1) 
Inspect or cause to be inspected any building or structure situated within the city in which the building official has reason to believe that conditions exist which render such structure a dangerous building as that term is defined herein.
(2) 
If, upon inspection and investigation, the building official finds that the building or structure is a dangerous building as that term is defined herein, the building official shall issue a notice, which such notice shall in all things comply with the terms and provisions of section 3.03.004(g) of this article, advising any person interested in such dangerous building or structure, or his or her authorized agent or representative, and all lienholders of notice, to appear and show cause why the court should not issue an order for action against such building or structure in accordance with this article.
(3) 
Place a notice on said dangerous building or structure to read substantially as follows:
NOTICE - DANGEROUS BUILDING
The city has deemed this building to be unsafe for occupancy or use. Do not remove this notice. Removal of this notice is punishable by a maximum fine of TWO THOUSAND DOLLARS ($2,000.00).
(4) 
Appear at all hearings conducted by the court, testify as to the condition of dangerous or substandard buildings at such hearings, and perform all other staff-related functions in support of the activities of the court.
(Ordinance 94 adopted 2/3/76; 1986 Code, secs. 6.100–6.114; Ordinance 241 adopted 11/15/05; Ordinance adopting 2017 Code)
(a) 
Remedies non-exclusive.
The remedies and penalties set out herein are intended to be non-exclusive; that is, they shall be construed to not exclude the city from seeking any and all remedies at law or equity to which the city may be entitled under state law or otherwise, and the remedies as set out herein shall be considered in addition to and cumulative for such remedies as set out under state law.
(b) 
Criminal penalties in municipal court.
(1) 
The owner, occupant, lessee, agent or any other person subject to any notice and order issued by the court under this article who shall fail to comply with said order to repair, remove, demolish, or secure such building or structure, or any person who shall willfully refuse or fail to leave a building which has been ordered vacated under the terms of this article or who shall enter an area around such building that the court has declared to be dangerous, shall be deemed guilty of a misdemeanor and shall be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code, and every day’s violation shall constitute a separate and district offense.
(2) 
In case the owner or occupant of any dangerous building or structure ordered vacated, repaired, removed, demolished, or secured under the terms of this article shall be a corporation and shall violate any of the provisions of this article, the president, vice-president, secretary, or treasurer of such corporation or any manager or agent of such corporation shall be severally liable for the penalties herein provided.
(3) 
Any person removing the notice provided for in this article from the building or structure shall be deemed guilty of a misdemeanor and subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code.
(c) 
Civil action authorized.
(1) 
Remedies authorized.
The city seeks any and all remedies authorized under state law, including without limitation the provisions of chapters 54 and 214 of the Local Government Code. Such remedies may include, but are not limited to, injunctive relief, enforcement and collection of civil penalties authorized under this article, an action to compel the repair, demolition, or securing of any building or structure, recovery of all costs of the city, including court costs and attorney’s fees, appointment of a receiver to administer any noncompliant property in accordance with section 214.003 of the Local Government Code, and any and all other remedies actionable to the city under law or equity.
(2) 
Lis pendens authorized.
The city may file a notice of lis pendens in the office of the county clerk regarding such action. If the city files such notice, a subsequent purchaser or mortgagee who acquires an interest in the noncompliant property takes the property subject to the enforcement proceedings of the city and subsequent orders of any court.
(d) 
Securing of building or structure by city.
For any building which the city itself wishes to secure in accordance with this article, following such securing of said building or structure the city shall undertake the following procedure:
(1) 
Before the 11th day after the date the building is secured, the city shall give notice to the owner of said property by:
(A) 
Personally serving the owner with written notice;
(B) 
Depositing the notice in the U.S. mail addressed to the owner at the owner’s post office address;
(C) 
Publishing the notice at least twice within a ten-day period in a newspaper of general circulation in the county in which the building is located if personal service cannot be obtained and the owner’s post office address is unknown; or
(D) 
Posting the notice on or near the front door of the building if personal service cannot be obtained and the owner’s post office address is unknown.
(2) 
The notice must contain:
(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 article that is present on the premises;
(C) 
A statement that the city will secure or has secured, as the case may be, the building or other structure; 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 court 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 prior to] the expiration of 30 days after the date the city secures the building, the owner files with the city a written request for the hearing. The court shall conduct a hearing within 30 days after such a request is filed. After the hearing, if the court finds that the building is a dangerous building, as defined in this article, the court may issue an order to secure said building. If the court finds that the building is not a dangerous building, as defined in this article, and if so requested by the owner, the court shall issue an order to the city to unsecure the building.
(4) 
The court may issue warrants for the securing of buildings either before or after the hearing described in this section has been conducted; provided, however, that the court shall comply with any and all requirements of state and/or federal law applicable to the issuance of such warrants.
(5) 
The city has the same authority to assess expenses under this section as it has to assess expenses under section [3.03.005] herein. A lien is created under this section in the same manner that a lien is created under section [3.03.005] and is subject to the same conditions as a lien created under that section.
(6) 
The city may provide the notice required by this section and the court may conduct the hearing required herein before securing a dangerous building or structure and both shall do so if required by state or federal law.
(Ordinance 94 adopted 2/3/76; 1986 Code, secs. 6.100–6.114; Ordinance 241 adopted 11/15/05; Ordinance adopting 2017 Code)
A property owner may, upon proper application and satisfaction of all requirements of this article, obtain a secured building permit for any qualified building within the city limits. The issuance of a permit as authorized herein is a privilege and not a matter of right.
(Ordinance 94 adopted 2/3/76; 1986 Code, secs. 6.100–6.114; Ordinance 241 adopted 11/15/05; Ordinance adopting 2017 Code)
Application for a secured building permit shall be made to the office of the chief building official of the city, on forms as the building official shall require. To qualify for the issuance of a secured building permit, the owner and the property proposed for permitting shall satisfy all of the following requirements:
(1) 
The building shall be structurally sound, including sound structural supports and support members and a structurally sound roof such that the property is not in danger of collapse, does not experience deterioration from the weather or the elements, and does not constitute an immediate or long-term threat or menace to health or safety. The building official, or on proper appeal, the building and standards commission of the city, shall determine the standards for and shall adjudge the structural soundness of a particular building or structure for which a secured building permit is sought.
(2) 
At the time of application, and during the entire term of the permit, the building shall remain vacant.
(3) 
At the time of the application, and during the entire term of the permit, all utilities shall be disconnected from the premises.
(4) 
At the time of the application, and during the entire term of the permit, the building shall be secured. For purposes of this article, the building shall be secured [sic]. For purposes of this article, a building shall be considered secure if all windows are covered if broken, all open access doorways are covered securely, and all other openings or access to the building are secured from the entry from the outside. In securing said building, the permittee shall be required to comply with any plan for securing the building specified by the building official. In securing said premises, the owner may use plywood or other material acceptable to the building official and stencil thereon a notice to read substantially as follows:
SECURED BUILDING MATERIALS; REMOVAL, SALE, OR PURCHASE OF THIS MATERIAL WITHOUT CONSENT OF THE OWNER SHALL CONSTITUTE A VIOLATION OF THE CODE OF ORDINANCES OF THE CITY OF CLARKSVILLE CITY AND SHALL SUBJECT THE VIOLATOR TO FINES OR PENALTIES NOT TO EXCEED $500.00.
(5) 
During the term of the permit, the structure shall otherwise comply with a [all] city ordinances or regulations dealing with the control of weeds, vectors, abandoned vehicles, abandoned junk, or other ordinances as the same shall apply to the external condition of the premises.
(6) 
The owner of the building as part of the permitting process shall agree in writing that the police department, fire department, building inspection department, or any other applicable department of the city shall have access to the premises at all times while on official business. The building owner shall likewise agree in writing that, save and except for officials of the city as specified herein, only the building owner or the owner’s lawfully authorized agent shall have access to and enter the building during the time that such building is governed by a secured building permit.
(7) 
No enforcement action is currently pending against the property or its owner before the city’s building and standards commission or under any other city ordinance; provided, however, that a secured building permit may be issued upon a finding by the building and standards commission in an enforcement proceeding, and in response to a request by the owner, that a property the subject of such proceeding is otherwise qualified for such a permit. In the event of such a finding, the property owner shall comply with all the terms and conditions for the issuance of said permits as set out herein, and upon issuance of such permit, the enforcement action then pending before the building and standards commission shall be abated, but not dismissed. For so long as a valid secured building permit is maintained for the property, the pending enforcement action shall remain in abated status, but at such time as the property is no longer governed by a valid secured building permit, the abated enforcement action shall be placed upon an ensuing agenda of the building and standards commission for review and subsequent action.
(Ordinance 94 adopted 2/3/76; 1986 Code, secs. 6.100–6.114; Ordinance 241 adopted 11/15/05; Ordinance adopting 2017 Code)
For such time as any building is governed by a valid, unexpired secured building permit, and all conditions for the original issuance of said permit shall continue to be satisfied, including proper security of the building and all utilities remaining disconnected, the building shall be exempted from complying with all internal nonstructural requirements of the city building code, electrical code, plumbing code, or other applicable codes of the city, save and except the city fire code, which shall continue to apply as to any condition of the building which constitutes an immediate fire hazard. In addition, while such building continues to be governed by a valid, unexpired permit for which all conditions continue to be met as specified in this article, no enforcement action shall be taken by the city pursuant to this article.
(Ordinance 94 adopted 2/3/76; 1986 Code, secs. 6.100–6.114; Ordinance 241 adopted 11/15/05; Ordinance adopting 2017 Code)
The building owner shall be responsible for keeping the building at all times in full compliance with the terms and conditions of the secured building permit. If the building shall become noncompliant with the terms and provision of this article, as found by the building official or as found by the building standards commission on appeal from a decision of the building official, then any outstanding secured building permit shall be revoked.
(Ordinance 94 adopted 2/3/76; 1986 Code, secs. 6.100–6.114; Ordinance 241 adopted 11/15/05; Ordinance adopting 2017 Code)
The fee for the issuance of a secured building permit shall be set by resolution of the city council.
(Ordinance 94 adopted 2/3/76; 1986 Code, secs. 6.100–6.114; Ordinance 241 adopted 11/15/05; Ordinance adopting 2017 Code)
A secured building permit issued in accordance with the terms and provisions of this article, and provided said building governed by said permit continues to be in all things compliant with this article, shall be valid for a period of one year from the date of issuance.
(Ordinance 94 adopted 2/3/76; 1986 Code, secs. 6.100–6.114; Ordinance 241 adopted 11/15/05; Ordinance adopting 2017 Code)
A secured building permit as authorized herein shall be subject to annual renewals provided the building owner files proper application on such forms as shall be established by the chief building official for such permit renewal and satisfies all of the following requirements:
(1) 
A showing that all of the original requirements for issuance of the permit continue to be satisfied, including a showing that the condition of the building is structurally sound and that the building will meet or exceed the standards for issuance of a permit set out in section 3.03.042 herein.
(2) 
Payment of the appropriate permit issuance fee as set out in section 3.03.045 herein.
(3) 
An inspection shall be performed by an inspector of the owner’s choosing, provided such inspector shall meet all the requirements of state law regarding licensed real estate inspectors. The inspector shall document in writing the results of the inspection, in such form as the building official shall specify. Any inspector who intentionally or repeatedly falsifies or provides incomplete reports as required herein may be excluded by the building official as an acceptable inspector for the purposes of this article.
(Ordinance 94 adopted 2/3/76; 1986 Code, secs. 6.100–6.114; Ordinance 241 adopted 11/15/05; Ordinance adopting 2017 Code)
Before a building governed by a secured building permit can be reoccupied, the building owner must satisfy the following conditions:
(1) 
The building must be returned to full compliance with any and all applicable city codes, including but not limited to the city building code, fire code, electrical code, plumbing code, air conditioning code, and all other similar codes as said codes are constituted at the time that reoccupation of the building is sought.
(2) 
The owner shall pay an appropriate fee for reinspection of the building by the city building inspection department and the building shall be certified by said department as compliant with all outstanding building codes.
(3) 
The owner shall apply for and receive a new occupancy permit, including payment of any applicable occupancy fee.
(4) 
No utilities shall be turned on in the building until full compliance with all outstanding city codes and compliance with this article; however, temporary drops in service may be permitted if necessary for construction work to bring the building back into compliance with all applicable codes.
(Ordinance 94 adopted 2/3/76; 1986 Code, secs. 6.100–6.114; Ordinance 241 adopted 11/15/05; Ordinance adopting 2017 Code)
(a) 
It shall be unlawful to enter a building for which a secured building permit has been issued, unless such person is the owner or the owner’s duly authorized agent.
(b) 
It shall be unlawful to remove securing material from a building for which a secured building permit has been issued.
(c) 
It shall be unlawful to sell securing material or property appropriately stenciled or marked as such, which has been removed from a building for which a secured building permit has been issued.
(d) 
It shall be unlawful to purchase securing material which has been appropriately stenciled or marked and which has been removed from a building for which a secured building permit has been issued.
(e) 
It shall be unlawful to seek the issuance of a secured building permit under false pretenses.
(f) 
Any person who shall violate the terms and provisions of this article, including those activities specifically prohibited under this section, shall be deemed guilty of a misdemeanor and shall be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code per violation. Each day that a violation continues shall be a separate violation.
(Ordinance 94 adopted 2/3/76; 1986 Code, secs. 6.100–6.114; Ordinance 241 adopted 11/15/05; Ordinance adopting 2017 Code)