All buildings or structures which have any or all of the following
defects or lack of facilities shall be deemed substandard buildings:
(1) All
buildings or structures which do not have water closets, urinals or
lavatories, or which have pit privies, or which are not connected
to the city sewer or where inadequate and unsanitary pit privies or
septic tanks are maintained.
(2) 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 and doors, or portions of the house, building, or structure
which protect from the weather, will no longer reasonably protect
from the weather.
(3) All
buildings or structures which constitute or in which are maintained
fire hazards.
(4) All
buildings or structures which are so structurally deteriorated that
they are in danger of collapse, or which cannot be expected to withstand
the reasonably anticipated storms or winds.
(5) All
buildings or structures so constructed or permitted to be so 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 the use
of deteriorated materials.
(2001 Code, sec. 3.501)
All substandard buildings or structures within the terms of
this article which shall constitute a menace to the health, morals,
safety, or general welfare of the occupants or of the public are declared
to be public nuisances and shall be ordered to be vacated, repaired
or demolished as hereinafter provided.
(2001 Code, sec. 3.502)
There is hereby created a building standards commission to be
composed of three (3) members. They shall hold office until their
successors are appointed. The three (3) members shall be the director
of public works, the building official/city manager and the fire marshal.
Any city employee in the respective departments or divisions of the
city who shall be designated by the city manager or department head
shall be authorized to act as substitute for the respective superior
of their respective department or division as member of the commission.
It shall be the duty of the members of such commission to inspect
all buildings or structures reported to be or believed to be substandard
and, except in cases of emergency as hereinafter set forth, notify
the proper party of the intention of such commission to [hold] its
hearing and follow the procedure hereinafter provided.
(2001 Code, sec. 3.503)
Substandard buildings or structures may be ordered to be, and
shall be, vacated, repaired, or demolished under the following conditions,
regulations and procedure:
(1) Emergency measures.
When there exists an emergency as
defined in subsection (A) below, certain measures may be taken, notification
given and procedures followed as herein set forth.
(A) When it shall appear that a building or structure in the city is
a substandard building under the terms of this article and that such
building or structure or the manner of its use constitutes an immediate
and serious danger to life or property, the condition shall be deemed
a condition justifying the use of emergency measures, and the building
standards commission may, with the consent and approval of the city
manager, order any of the following emergency measures to be taken:
(i) Immediate vacation and relocation of the occupants of such building,
structure, and/or adjoining buildings or structures;
(ii)
Vacation of the danger area around such building or structure;
(iii)
Such emergency shoring up and bracing of walls, roofs, and supports
as are required to render such building or structure safe;
(iv)
The destruction of such walls, roofs, and supports or the entire
structure when it cannot be braced or made secure and safe; or
(v) Post notices on or near such building or structure, or buildings
or structures, notifying the public of such orders and ordering all
persons to keep out of such building, buildings, structures, or structure
and the areas of danger surrounding it or them.
(B) When any of the above-mentioned measures are ordered to be taken,
notice of such order shall be given as follows:
(i) Such order shall be directed to the owner of such substandard building
or structure, or his or her authorized representative, if the same
shall be known. Where notification can be accomplished without increasing
the danger to life or property, notice shall be given by personal
service on the owner of the building or structure, or his or her said
representative.
(ii)
Notice shall also be given to any mortgagee or lienholder having
any interest in the building or structure or property on which the
building or structure is located.
(iii)
In the event that such notifications would create such a delay
as would materially increase the danger of life or property, then
such notice need not be given.
(C) In the event that such notification is unnecessary or in the event
such notice is given and the owner or his or her representative shall
refuse or fail to carry out the orders of such member of the building
standards commission or shall fail to carry out such order satisfactorily,
then, in either such event, the building standards commission upon
approval of the city manager may proceed to carry out such orders
either by private contract, through the city volunteer fire department,
or through an agency of the city, and the cost thus incurred shall
constitute a valid lien against the property so repaired.
(2) Normal procedure.
When an emergency does not exist,
the following steps may be taken in the condemnation of a substandard
building:
(A) When it shall come to the notice of the building standards commission
that a building or structure in the city is substandard under the
terms of this article, the commission may cite said owner of such
building or structure, or his or her authorized agent or representative,
to appear, and show cause why such building should not be declared
to be a substandard building and why he or she should not be ordered
to vacate, repair, or destroy such building or structure. The date
of such hearing shall be not less than ten (10) days after such citation
shall have been made.
(B) Notice must be given:
(i) By personal delivery or by certified mail, return receipt requested,
to the record owners of the affected property, and each holder of
a recorded lien against the affected property, as shown by the records
in the office of the county clerk of the county in which the affected
property is located if the address of the lienholder can be ascertained
from the deed of trust establishing the lien and/or other applicable
instruments on file in the office of the county clerk; and
(ii)
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.
If the required notice is mailed and the United States Postal
Service returns the notice as “refused” or “unclaimed,”
the validity of the notice is not affected, and the notice shall be
deemed as delivered.
(C) In addition, notice of the hearing shall be given to any mortgagee
or lienholder having any interest in the building, structure, or property
on which the building or structure is located. Such notice shall also
be sent by certified mail, return receipt requested.
(D) On the day set in such citation for hearing, hearing shall be had,
and on the basis of such hearing the building standards commission
shall determine whether or not such building or structure is a substandard
building or structure, [and if such building or structure is determined
to be substandard] then, in that event, the building standards commission
shall issue such orders as shall appear reasonably necessary to prevent
the building or structure from being a hazard to life or property
and to eliminate the building or structure’s substandard qualities.
(E) If the building or structure is not vacated, secured, repaired, or
demolished within the allotted time as ordered by the building standards
commission, the building standards commission may grant additional
time for any mortgagee or lienholder with interest in the property
to comply with the order.
(F) If the building or structure is not vacated, secured, repaired, removed
or demolished within the allotted time as ordered by the building
standards commission by either the owner, mortgagee or any lienholder,
the city may vacate, secure, remove, demolish, or relocate the occupants
at the city’s expense and assess the expenses on the land on
which the building or structure is located. The assessment of expenses
incurred in vacating, securing, removing, demolishing or relocating
the occupants therein shall be provided by ordinance and filed with
the county clerk.
(G) The owner of any substandard building or structure, or his or her
authorized representative, may appeal from the decision of the building
standards commission by giving notice thereof within ten (10) days
from date of said hearing and filing with the city manager a nonrefundable
fee as provided for in the fee schedule found in appendix A of this
code. Such appeal shall be to the city council.
(H) Pending appeal to the city council, such orders of the building standards
commission as shall require vacation of the alleged substandard building
or structure or such emergency measures as may have been ordered shall
remain if effect, but all other orders of the commission shall be
suspended in their operation until the city council rules on the matter.
(Ordinance adopting Code; 2001 Code,
sec. 3.504)
The following standards may be followed in substance by the
building standards commission in ordering repair, vacation or demolition:
(1) If
the substandard building or structure can reasonably be repaired so
that it will no longer be in a condition which is in violation of
the terms of this article, it shall be ordered repaired.
(2) If
the substandard building or structure is in such condition as to make
it dangerous to the health, morals, safety, or general welfare of
its occupants or of the public, it shall be ordered to be vacated
and the occupants to be relocated.
(3) In
any case where a substandard building or structure is fifty percent
(50%) damaged or decayed, it shall be demolished, and in all cases
where a building cannot be repaired so that its existence will no
longer be in violation of the terms of this article, it shall be demolished.
(2001 Code, sec. 3.505)
In a public hearing to determine whether a building complies
with the standards set out in this article, the owner, lienholder,
or mortgagee has the burden of proof to demonstrate the scope of any
work that may be required to comply with the provisions of this article
and the time it will take to reasonably perform the work.
(2001 Code, sec. 3.507)
The city shall be entitled to proceed with any remedy provided
by state law, including, without limitation, chapter 214 of the Local
Government Code, which remedies shall be cumulative of those provided
herein. To the extent that the provisions of this code conflict with
state law, state law shall prevail, but the city shall not be prevented
from employing any remedies provided by state law because of any conflicting
provisions herein contained.
(2001 Code, sec. 3.508)
It shall be the duty of the city attorney to enforce the orders
of the building standards commission or the city council, upon appeal,
by filing action in the appropriate court of this state, when so authorized
by the city council.
(2001 Code, sec. 3.509)