For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Any building, residence, house, fence, shed, awning, or other
structure of any kind, or any part thereof, as well as the premises
on which it stands or is attached, that falls within the definition
of a “public nuisance” according to this section.
Includes the owner, occupant, person in possession, caretaker,
lessor, agent, and lienholder of any dangerous structure.
Any structure as described and defined as follows shall be,
and the same is, hereby declared to be a public nuisance and is unlawful:
Any building with roof, ceiling, floors, sills, or foundations,
or any combination thereof, rotted or decayed and falling apart, windows
out, uninhabitable, untenantable and unsightly, due to the obsolescence
and deterioration caused by neglect or vandalism or fire damage or
old age or exposure to the elements;
Any building in danger of falling and injuring any person or
any property of another;
Any building which is a fire menace due to its dilapidated condition
or which has an accumulation of rubbish or trash which is likely to
become a fire, or be set on fire, in and around said building and
endanger the person or property of another; or
Any building which is damp or in an unsanitary condition, which
is likely to spread or cause disease or sickness.
(1997 Code, sec. 150.15)
(a)
Any person who shall violate any of the provisions of this article for which no specific penalty is provided shall be subject to the penalty set forth in section 1.01.009 of this Code of Ordinances.
(b)
Any
person who violates any of the provisions of this article shall be
guilty of a misdemeanor, and upon conviction thereof be fined in any
sum not less than $10.00 nor more than $2,000.00. Notwithstanding
the foregoing, the $2,000.00 maximum fine hereunder shall only apply
if the violation is a violation of a provision governing fire safety,
zoning, or public health and sanitation, including dumping of refuse;
if the provision does not govern fire safety, zoning, or public health
and sanitation, including dumping of refuse, the maximum permissible
fine shall be $500.00 rather than the $2,000.00; and each and each
[every] day’s violation shall constitute a separate and distinct
offense. In case the owner or other person in charge of such dangerous
structure, under the provisions of this article, shall be a corporation
and shall violate any of such provisions, then such corporation or
the president, vice-president, secretary, or treasurer of such corporation,
or manager, agent, or employee of such corporation, shall be severally
liable for the penalties herein provided for violation in accordance
with the provisions of Tex. Penal Code, sections 7.22 and 7.23.
(1997 Code, sec. 150.99)
(a)
The
city council shall appoint a person to be the building inspector for
the city and the extraterritorial jurisdiction of the city.
(b)
Whenever,
in the opinion of the building inspector, any building, fence, shed,
awning, or any erection of any kind, or any part thereof, appears
to be a dangerous structure in accordance with this article, the building
inspector shall order the person in charge of the dangerous structure
to commence repairs or to take down and remove the same or any part
thereof within ten days after notice is served or published as directed
by order of the building inspector.
(1997 Code, sec. 150.16)
(a)
Examination of structure; written notice of violation.
The building inspector shall examine or cause to be examined every
building or structure or portion thereof reported as dangerous, damaged,
or unsafe, and if such is found to be an unsafe or dangerous structure
under the provisions of this article or other effective ordinances
of the city, the building inspector shall give the person or persons
in charge of the dangerous structure written notice stating the defects
found to exist in violation of this article or in violation of any
other effective chapter or ordinance of the city.
(b)
Service of notice.
Service of notice from the building
inspector may be by personal service or certified mail, return receipt
requested. Notice is presumed to be received by mailing such notice
to the address of said person in charge of the dangerous structure
as shown on the tax rolls of the county, or of record in the county
clerk’s office. Notice to any lienholder shall be presumed to
be effective when sent by certified mail to the lienholder’s
last known address.
(c)
Time limits; vacation of structure.
The notice from
the building inspector shall require the person in charge of the building
or premises to commence the required repairs, improvements, or demolition
and removal of the dangerous structure within ten days from the date
such notice is mailed to the person in charge of such dangerous structure,
and all such work shall be completed within 30 days from the date
of notice. Such notice shall also require the dangerous structure
to be vacated forthwith and not occupied until the required repairs
and improvements are completed, inspected, and approved by the building
inspector.
(d)
Abatement by city upon failure to comply with notice.
In the event the person in charge of such dangerous structure shall
fail or refuse to commence repairs or to remove the dangerous structure
or any part thereof within ten days after notice is served or published
as directed by order of the building inspector, then the city council
shall have the power to remove or abate the same at the expense of
the city on account of the person or persons in charge of the dangerous
structure and assess the expense on the property on which the structure
stands or to which it is attached in such manner as may be directed
in the order of the city council.
(1997 Code, sec. 150.17)
If the dangerous structure is inhabited at the time the notice
is served, the building inspector shall cause to be posted at each
entrance at such building a notice to read: “DO NOT ENTER, UNSAFE
TO OCCUPY, Building Inspector, City of Big Lake.” Such notice
shall bear the date of posting and remain posted until the required
repairs, demolition, or removal is completed. Such notice shall not
be removed without written permission of the building inspector, and
no person, except the building inspector or his designee, shall enter
the building except for the purpose of making the required repairs
or demolishing the building.
(1997 Code, sec. 150.18)
(a)
The
city council shall give to the person or persons in charge of such
dangerous structure notice of the public hearing before the city council
regarding possible action to be taken by the city council on the inspector’s
order directing the removal or completion of the work and assessing
the cost thereof against the property.
(b)
Notice
of all proceedings shall be given:
(1)
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 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
(2)
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.
(c)
The
notice must be posted and either personally delivered or mailed on
or before the 10th day before the date of the hearing and must state
the date, time, and place of the hearing. In addition, the notice
must be published in a newspaper of general circulation on one occasion
on or before the 10th day before the date fixed for the hearing.
(d)
If
the person in charge of the dangerous structure shall appear before
the city council at such hearing, no further notice or notices shall
be required, but if he fails to appear, the notice of any order of
the city council made at such hearing shall be served by mailing a
copy of such order to the person in charge of the dangerous structure
at the person’s last known address by certified mail or, if
there is no last known address, by publication of a copy of such order
at least one time in a newspaper of [general circulation] in the city,
or other newspaper of general circulation.
(e)
Service
of any notice shall be complete on the date which the notice is mailed
or upon the date said notice is published in the newspaper.
(f)
A
notice of a hearing sent to a person in charge of any dangerous structure
shall include a statement that the person in charge will be required
to submit at the hearing proof of the scope of any work that may be
required to comply with this article and the time it will take to
reasonably perform the work.
(g)
Any
notice served on any person in charge of a dangerous structure by
the building inspector shall include the physical address of the property,
a statement that said property is in violation of this article, the
nature of such violation, and a statement that the repair, removal,
or demolition to remedy said violation shall be commenced within ten
days of the date of notice.
(1997 Code, sec. 150.19; Ordinance
adopting Code)
(a)
Within
ten days from the date the order of the city council is signed, the
city shall file a copy of the order in the office of the city secretary
and publish in a newspaper of general circulation in the city a notice
containing the street address or legal description of the property,
the date of the hearing, a brief statement indicating the results
of the order, and instructions stating where a complete copy of the
order may be obtained.
(b)
Promptly
after the hearing, the city shall mail by certified mail, return receipt
requested, a copy of the order to the owner of the dangerous structure,
and if the owner does not take the ordered action within the allotted
time, the city shall promptly mail, by certified mail, return receipt
requested, a copy of the order to any other person in charge of the
dangerous structure.
(c)
At
the public hearing held under this article, the city shall require
the person in charge of the dangerous structure to take the following
measures within 30 days of the public hearing: secure the structure
from unauthorized entry, or repair, remove, or demolish the structure,
unless the person in charge establishes at the hearing that the work
cannot reasonably performed within 30 days.
(d)
If
the city council allows the person in charge more than 30 days to
repair, remove, or demolish the structure, the council shall establish
specific time schedules for the commencement and performance of the
work and shall require the person in charge to secure the property
in a reasonable manner from unauthorized entry while work is being
performed, as determined by the council.
(e)
All
required work shall be completed no later than 90 days after the hearing
unless the person in charge submits a detailed plan and time schedule
for the work at the hearing and establishes at the hearing that the
work cannot reasonably be completed within 90 days because of the
scope and complexity of the work. The person in charge of the dangerous
structure shall submit to the city council progress reports to the
city council as to any work performed after 90 days. The council may
require the person in charge to appear before the council to demonstrate
compliance with the time schedules.
(1997 Code, sec. 150.20)
Should the owner or other person in charge of such building
fail, neglect, or refuse to comply with the notice to repair, rehabilitate,
or demolish said building or structure or portion thereof, the building
inspector shall notify the city council of such act and the city council
may, after public hearing, order the completion of the work specified
in such notice or order such building or structure demolished or removed
and may cause the cost of such work to be paid and levied as a special
assessment against the property.
(1997 Code, sec. 150.21)
After the demolition or repairs have been made at the expense
of the city, a statement of the expenses shall be mailed to the person
or persons in charge of the dangerous structure. In the event the
statement shall remain unpaid for a period of 30 days, then the city
may commence an action in any court having jurisdiction to recover
the expenses assessed by the city council and for court costs and
attorneys’ fees for prosecuting the action. In addition to the
remedies set out
in this section, the city may attach a lien against the property,
unless the property is a homestead, in the amount of the expenses
incurred by the city for repairs, demolition, postage, publication
costs, recording fees, and any other costs related to the prosecution
of the matter.
(1997 Code, sec. 150.22)
(a)
Any
personal property not removed by the owner or person in possession
of the building that may be found in any dangerous structure that
is considered by the building inspector or city council to have sufficient
value may be removed and sold at a public sale, and the consideration
received shall be used to reimburse the city for the cost of demolition
or repairs and the cost of transporting, storing, and selling such
personal property.
(b)
In
the event that the property is offered for sale to the public and
the property does not sell, it may be disposed of in any manner authorized
by the city council.
(c)
The
city is not obligated to remove any personal property or other fixtures
from the building prior to demolition.
(1997 Code, sec. 150.23)
