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)
(a) 
If the city allows the owner, lienholder, or mortgagee more than 30 days to repair, remove, or demolish the building, the city 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 building commission or city council, as the case may be. The city may not allow the owner, lienholder, or mortgagee more than 90 days to repair, remove, or demolish the building or fully perform all work required to comply with the order unless the owner, lienholder, or mortgagee:
(1) 
Submits a detailed plan and time schedule for the work at the hearing; and
(2) 
Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.
(b) 
If the city allows the owner, lienholder, or mortgagee more than 90 days to complete any part of the work required to repair, remove, or demolish the building, the city shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the city to demonstrate compliance with the time schedules established for the commencement and performance of the work. The order may require the owner, lienholder, or mortgagee to appear before the building official/city manager or such other person as designated by the building commission or the city council to demonstrate compliance with the time schedules. If the owner, lienholder, or mortgagee owns property, including structures or improvements on property, within the city boundaries that exceeds $100,000.00 in total value, the city may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the costs of repairing, removing, or demolishing a building under this section. In lieu of a bond, the city may require the owner, lienholder, or mortgagee to provide a letter of credit from a financial institution or a guarantee from a third party approved by the city. The bond must be posted or the letter of credit or third-party guarantee provided not later than the 30th day after the date the city issues the order.
(2001 Code, sec. 3.506)
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)