The city hereby adopts this article pursuant to chapter 214,
subchapter A, of the Texas Local Government Code, as amended, and
the following minimum standards for the continued use and occupancy
of all buildings regardless of the date of their construction; the
following provisions for giving proper notice to the owner of a building;
and the following provisions for a public hearing to determine compliance
of real property, buildings, structures, premises and vacant lots.
In the event that any provision of this article conflicts with said
chapter 214, subchapter A, or in the event that any provision of said
chapter 214, subchapter A has been omitted from this article, the
city shall be entitled to pursue its remedies in conformity with said
state law, as hereafter amended.
(Ordinance 2018.11.12 adopted 11/12/18)
All buildings and agricultural structures subject to this article,
and each portion thereof, and including all structural and system
components, fixtures, and appliances, shall be constructed, installed,
maintained, altered, modified repaired, and replaced in compliance
with the minimum standards of this article.
(Ordinance 2018.11.12 adopted 11/12/18)
Terms, words, phrases and their derivatives shall have their
ordinary meanings as defined in Webster’s New Collegiate Dictionary,
unless a specific definition is provided herein. Words used in the
singular include the plural and the plural the singular. Words used
in the masculine gender include the feminine and the feminine the
masculine. For purposes of this article, the following terms shall
have the following meanings, unless the context clearly indicates
that a different meaning is intended:
Any building which is used solely for farming or ranching
uses. This term includes, but is not limited to, barns, wind breaks,
or silos. An agricultural structure may not be an accessory structure.
A structure with walls and a roof, or a structure that was
originally constructed with walls and a roof, e.g. a house or factory,
but does not include any agricultural structure.
Typically includes, but is not limited to, residential, commercial,
or industrial structures and includes any accessory structures on
the same property. The term building includes the term structure.
The removal of a building and includes the cleaning and removal
of all debris, trash, and building materials, and grading of the property.
The police officer, building official, code enforcement officer,
director of public works, fire marshal, or their designated representatives,
charged with enforcement and administration of this article by the
city council.
The examination of property by the enforcement officer or
his authorized representative for the purpose of evaluating its condition
as provided for in this article.
A building or agricultural structure that is a public nuisance;
or, is otherwise unsafe for human occupation, whether temporary or
permanent; or is a hazard to the public health, safety and welfare.
Those standards, definitions, and requirements stated under
that section of this article.
Any person, agent, firm, corporation, association or other
entity having a legal or equitable interest in a property as shown
on the most recent tax roll.
Any individual, group, agent, firm, corporation, association
or other legal entity, or tenant.
The physical condition or use of any premises regarded as a
public nuisance at common law, or by statute, or as defined elsewhere
in the city’s code of ordinances;
Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including,
but not limited to, abandoned wells, shafts, basements, excavations
and unsafe fences or structures;
Any premises that manifestly is, or is capable of being, a fire
hazard; or, is otherwise manifestly unsafe or unsecure as to endanger
life, limb or property;
Any premises from which the plumbing, heating and/or facilities
required by the city’s ordinances have been removed, or from
which utilities have been disconnected, destroyed, removed, or rendered
ineffective, or the required precautions against unauthorized use
or entry have not been provided;
Any building that is in a state of dilapidation, deterioration
or decay; faulty construction; overcrowded; open and vacant or abandoned;
damaged by fire, weather, or other casualty to the extent as not to
be habitable; or, is in danger of collapse or failure and dangerous
to anyone on or near the premises;
Any physical condition, use or occupancy of any premises or
its appurtenances that is dangerous to the physical health or safety
of an occupant or other person, either on the premises or adjacent
thereto; or
Is in such a state of disrepair that it could: reasonably cause
injury, damage, or harm to the community in the use and enjoyment
of property; materially interfere with the proper use, comfort or
enjoyment of surrounding property, taking into consideration the nature
and use of the properties in the area and the character of the community
in which situated; or, which the disrepair condition would be substantially
offensive and annoying to persons of ordinary sensibilities living
in the community.
That which is built or constructed, or a portion thereof;
it may not possess all attributes of a building or agricultural structure.
Any person, agent, firm, corporation, or association who
is not the owner, but who has permission from an owner to occupy the
premises.
(Ordinance 2018.11.12 adopted 11/12/18)
Any real property premises, building, structure, or any portion
thereof, including a vacant lot, in or on which there exists a condition
not in compliance with any the minimum standards of this article,
is hereby declared to be a threat to public health, safety, and welfare,
a violation of this article, and subject to the various actions and
remedies available to the city hereunder and cumulatively under the
common law, statutory, or equity jurisprudence of the state.
(Ordinance 2018.11.12 adopted 11/12/18)
Without limiting the ordinance power of the city council to
hereafter declare as public nuisances any other act, condition or
thing, the following specific acts, conditions and things are, jointly
and severally, hereby declared to be and constitute public nuisance
in addition to or alternatively to any other provided for public nuisance
herein:
(1)
Any
building or agricultural structure or any portion thereof that is:
(A)
Dilapidated,
substandard, or unfit for human habitation and a hazard to the public
health, safety, and welfare;
(B)
Regardless
of its structural condition, it is unoccupied by owners or tenants,
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
(2)
An agricultural
structure that fails to meet the minimum standards required for such
agricultural structure adopted pursuant to the Occupational Safety
and Health Standards for Agriculture, 29 C.F.R. section 1928, as amended.
(3)
Any
building or agricultural structure that has any or all of the conditions
or defects hereinafter described shall be further deemed to be a dangerous
building, provided that such conditions or defects exist to the extent
that the life, health, property or safety of the public or its occupants
is endangered:
(A)
Whenever
any door, aisle, passageway, stairway or other means of exit is of
insufficient width, size, location, marking, or is not maintained,
so as to provide safe and adequate means of emergency exit in case
of fire or panic.
(B)
Whenever
the walking surface of any aisle, passageway, stairway or other means
of exit is so warped, worn, loose, torn or otherwise unsafe as to
not provide safe and adequate means of emergency exit in case of fire
or panic.
(C)
Whenever
the stress in any materials, member or portion thereof, due to all
dead and live loads, is more than one and one-half times the working
stress or stresses allowed in the minimum standards of this article
for a new building of similar structure, purpose or location.
(D)
Whenever
any portion of a building has been damaged by fire, earthquake, wind,
flood or by any other cause, to such an extent that the structural
strength, integrity, or stability thereof is materially less than
it was before such a catastrophe and is less than the minimum standards
of this article for a new building of similar structure, purpose or
location.
(E)
Whenever
any portion of a building, component or appurtenance thereof, is likely
to fall, or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
(F)
Whenever
any portion of a building, component, appurtenance, or ornamentation
on the exterior thereof, is not of sufficient strength or stability;
or, is not so anchored, attached or fastened in place so as to be
capable of resisting a wind pressure of one-half of the minimum standards
of this article for new building of similar structure, purpose or
location without exceeding the working stresses permitted.
(G)
Whenever
any portion of a building has cracked, warped, buckled or settled
to such an extent that walls or other structural component have materially
less resistance to wind or earthquakes than is required in the case
of similar new construction.
(H)
Whenever
the building, or any portion thereof, is manifestly unsafe because
of:
(i)
Dilapidation, deterioration or decay;
(ii)
Faulty construction, modifications, or maintenance;
(iii)
The removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building;
(iv)
The deterioration, decay or inadequacy of its foundation; or
(v)
Any other cause rendering it likely to partially or completely collapse.
(I)
Whenever,
for any reason, the building or any portion thereof, is manifestly
unsafe for the purpose for which it is being used.
(J)
Whenever
the exterior walls or other vertical structural members list, lean
or buckle to such an extent that a plumb line passing through the
center of gravity does not fall inside the middle one-third of the
base.
(K)
Whenever
the building, exclusive of the foundation, shows damage or deterioration
to thirty-three percent (33%) or more of its supporting member or
members; or damage or deterioration to fifty percent (50%) or more
to its nonsupporting members, including enclosing or outside walls
or coverings.
(L)
Whenever
the building has been so damaged by cause, act, omission, condition,
or has become so dilapidated or deteriorated, as to:
(M)
Whenever
any building has been constructed, exists or is maintained in violation
of any specific requirement or prohibition applicable to such building
provided by the minimum standards of this article, or of any law of
this state relating to the condition, location, maintenance, or structure
of a building.
(N)
Whenever
any building which, whether or not erected in accordance with all
applicable laws and ordinances, has in any nonsupporting part, member
or portion less than fifty percent (50%), or in any supporting part,
member or portion less than sixty-six percent (66%) of the:
(O)
Whenever
a building, used or intended to be used for dwelling purposes, because
of inadequate maintenance has: dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air or sanitation facilities;
or otherwise, is determined by the enforcement officer to be unsanitary,
unfit for human habitation or in such a condition that it is likely
to cause sickness or disease.
(P)
Whenever
any building, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction,
faulty electric wiring, gas connections or heating apparatus, or other
cause, is determined by the fire marshal to be a fire hazard.
(Q)
Whenever
any building is in such a condition as to constitute a public nuisance
known to the common law or in equity jurisprudence.
(R)
Whenever
construction material or debris of a building remains on a site after
the demolition or destruction of a building; or when a building is
abandoned or vacant for a period in excess of six (6) months and the
building or any portion thereof is an attractive nuisance or hazard
to the public.
(S)
Whenever
water heating components and piping are not properly installed or
maintained in a safe and good working condition; or water heating
components and pipes are not capable of heating water to at least
one hundred twenty degrees Fahrenheit (120°) in volume and pressure
sufficient to permit an adequate amount of water to be drawn at every
required kitchen sink, lavatory basin, bathtub or shower said temperature.
Such water heating components shall be capable of meeting the requirements
of this subsection regardless of whether the building’s heating
facilities are in operation.
(T)
When
any of the minimum standards of this article are not met by a building.
(Ordinance 2018.11.12 adopted 11/12/18)
The minimum standards for the design, construction, installation,
maintenance, modification, repair, and continued use or occupancy
of all buildings, agricultural structures, and premises within the
boundaries of the city, as same may be periodically amended, and regardless
of the date of construction are:
(1)
Those
standards contained within any national, uniform, or international
code as may be adopted by ordinance of the city;
(2)
In the
absence of the adoption of an applicable code described above, then
the minimum standard shall be a good and workmanlike manner that is
in substantial compliance with those customary construction and safety
standards commonly used or referred to by professionally licensed
contractors and craftsmen working within the city; and
(3)
That
every building or agricultural structure shall at all times be free
from the various defects, dangers, conditions, or lack of condition
defined herein to be either a public nuisance or specific nuisance.
(Ordinance 2018.11.12 adopted 11/12/18)
(a)
Created.
There is hereby created a building standards commission, which
shall consist of three members of the city council. All cases to be
heard by the commission shall be heard by a panel of at least three
participating members. The commission members shall be appointed by
the mayor to serve one year. The mayor shall also appoint any substitute
panel member when necessary or convenient.
(b)
Ex
officio Members.
The city secretary shall be an ex officio,
nonvoting member and the Secretary of the building standards commission.
(c)
Chairperson.
At its first meeting of each year, the commission shall select
from its members a chairperson.
(d)
Rules
and Procedures.
(1)
Three
members of the commission shall be required to constitute a panel
quorum and the simple majority vote of those panel members present
is necessary to take action under this article.
(2)
A
commission member having a personal or financial interest in a matter
before the commission shall excuse himself from the discussion and
the vote on that matter. Should a tie vote result on that matter,
then that matter shall be reset for another hearing, with new notices,
before a different panel of the commission. If the mayor reasonably
determines that all or a majority of members of the city council are
conflicted as to a pending matter at the commission, such that no
commission panel is possible without having a conflicted member, then
the conflict is hereby deemed to be waived and the matter shall proceed
to a hearing with all designated panel members participating in the
hearing and decision.
(3)
The
secretary to the commission shall make a record of all proceedings
of the commission, which shall set forth the particulars of the matter
before the commission, the decision rendered by the commission, the
reason for the said decision and the vote of each member participating
therein.
(4)
The
commission chairperson or city secretary may call meetings of the
commission when necessary to rule on a case brought before it regarding
a substandard building, as provided in this article.
(5)
The
commission shall establish such other rules and procedures it deems
necessary for the election of officers and the conduct of its business.
(e)
Duties.
The commission shall hear any case brought to it concerning
substandard buildings, and make a ruling as to whether such building
is a public nuisance and whether such building or structure should
be repaired, vacated and/or demolished, or other remedies.
(Ordinance 2018.11.12 adopted 11/12/18)
(a)
Inspection.
The enforcement officer is hereby authorized to conduct inspections
of any building suspected of being in violation of this article to
determine if any such violation exists, and take such actions as may
be required to enforce the provisions of this article. An inspection
shall be made of every building or structure located within the city,
which is suspected of being in violation of this article.
(b)
Notice
of Violation; Citation; Summons.
Whenever a probable
violation of this article has been determined by the enforcement officer:
(1)
A
notice of violation describing both the violation and the necessary
steps to correct or abate the violation and a due date, may be sent
to each owner, tenant, lienholder and/or mortgagee of the property;
(2)
A
misdemeanor case may be filed in the city municipal court against
the owner, tenant, or both as circumstances and responsibility may
appear, for the offense under this article. Such criminal case shall
proceed expeditiously and separately from any civil hearing that may
be conducted by the building standards commission; or
(c)
Building
Standards Commission Referral.
When it reasonably appears
to the enforcement officer that a municipal court charge or other
efforts to obtain the owner’s or tenant’s cooperation
in voluntary compliance with minimum standards or remediation of a
substandard building; or upon request by the mayor that an alleged
substandard building be brought to the building standards commission,
then such matter shall be forwarded to the commission. A public hearing
shall be held by the building standards commission to determine whether
a building complies with the standards set out in this article.
(Ordinance 2018.11.12 adopted 11/12/18)
(a)
Delivery
of Notice to Parties.
A diligent effort shall be made
by the city to determine each owner, tenant, lienholder and/or mortgagee
for the building or premises. Once identified, a written notice of
the commission hearing shall be sent to all such persons. Such notice
shall be served by any of the following means: personal delivery to
a person over 18 years of age; electronic mail; fax; or by certified
mail return receipt requested. Additionally, a copy of the notice
shall be posted on the front door of each affected structure on the
property or as close to the front door as practicable and visible
from the public street. It is not necessary that the notice to a tenant
or occupant of the property state such party’s name.
(b)
Contents.
The notice shall include:
(1)
The
names of all persons to whom the notice is being served;
(2)
The
street address or legal description of the premises;
(3)
The
date of the inspection;
(4)
Specific
description of the conditions existing at the property or photographs
sufficient to depict the nature of the conditions existing;
(5)
References
to specific sections or subsections of this article which define a
public nuisance or specific nuisance, or other failure to meet a specified
minimum standard;
(6)
The
date, time and location of the public hearing; and
(7)
A
statement that the party receiving the notice is entitled to present
evidence or argument rebutting the alleged conditions existing and
the alleged violations, and may submit a proposed scope of any work
to bring the property into compliance with this article and the reasonable
time such work may take.
(c)
Due
Diligence Standard.
(1)
If
the city mails a notice in accordance with this article to a property
owner, lienholder, or mortgagee and the United States Postal Service
returns the notice as “refused” or “unclaimed,”
the validity of the notice is not affected, and the notice is considered
delivered.
(2)
The
city satisfies the requirements of this article to make a diligent
effort, to use its best efforts, or to make a reasonable effort to
determine the identity and address of an owner, a lienholder, or a
mortgagee if the city searches the following records:
(A)
The county real property records;
(B)
The county probate records;
(C)
The county appraisal district records;
(D)
Records of the Secretary of State;
(E)
Assumed name records of the county;
(F)
Tax records of the city;
(G)
Utility records of the city;
(H)
An internet search using a comprehensive search engine such as but
not limited to Google®;
(I)
Any other source of public information that would be reasonable under
the circumstances of the particular matter.
(d)
Date
of Public Hearing.
The date of the public hearing before
the building standards commission shall not be fewer than thirty (30)
calendar days from the date of delivery of the notice by any means
authorized above.
(e)
Additional
Public Notice of Hearing.
(1)
Courthouse filing.
The city secretary shall file a notice
of public hearing in the county real property records, as applicable,
at least ten (10) calendar days before the date of the public hearing.
Such notice shall contain:
(A)
The name and address of the owner of the affected real property,
if that information has been determined from the due diligence search;
(B)
A legal description of the property; and
(C)
The follow statement: “ATTENTION: The real property described
in this Notice is subject to pending civil enforcement action by the
City of Friona regarding alleged dangerous, dilapidated, or substandard
building; or nuisance condition on the property. You may obtain further
information about the current status of such enforcement action by
contacting the City of Friona City Hall.”
(2)
Effect of Such Filing.
The courthouse filing shall be
binding upon subsequent grantees, lienholders, or other transferees
of any interest in the property who acquire such interest on and after
the date of filing of the notice, and constitutes notice of the hearing
to any subsequent recipient of any interest in the property.
(Ordinance 2018.11.12 adopted 11/12/18)
The building standards commission shall conduct the public hearing
to determine compliance with the minimum standards in this article.
At the public hearing, the city shall have the burden of proof to
prove the existence of the alleged violations by a preponderance of
the evidence. The owner, lienholder, mortgagee, or other party with
a legal interest in the property may cross-examine the city’s
witnesses and offer rebuttal evidence, testimony, and argument. Such
party(ies) may also introduce a proposed scope of work, budget, and
time frame to bring the property into compliance with this article.
The commission may also hear from any person owning or renting property
that is within the immediate vicinity of the alleged substandard building
or nuisance property.
(Ordinance 2018.11.12 adopted 11/12/18)
In administering this article, the following standards shall
be followed by the enforcement officer and building standards commission
in ordering the repair, vacation or demolition of any building or
agricultural structure, declared to be substandard or a nuisance under
this article:
(1)
The
building or agricultural structure shall be repaired to the extent
necessary to comply with the minimum standards stated in this article,
as applicable to the type of substandard conditions requiring repair.
However, if a building or agricultural structure cannot be repaired
so that it will be brought into compliance with this article, it shall
be demolished. If the building or agricultural structure presents
a fire hazard unfeasible of remedy, it shall be demolished.
(2)
If the
building or agricultural structure is in such a condition as to make
it dangerous to the health, safety and welfare of the occupants, it
shall be ordered vacated and secured from unlawful entry.
(3)
Repairs
shall be deemed feasible only when less than fifty percent (50%) of
the building or agricultural structure must be repaired or replaced,
and the repairs amount to less than fifty percent (50%) of the value
of the building or agricultural structure.
(4)
If the
building or agricultural structure requires repairs greater than fifty
percent (50%) of the structure or amounting to greater than fifty
percent (50%) of its value, then it shall be demolished.
(Ordinance 2018.11.12 adopted 11/12/18)
The participating members of the building standards commission
shall deliberate and render a decision after the conclusion of the
public hearing.
(1)
No
Violation Found.
If the commission finds there is no
substandard building, nuisance, or other violation of this article,
then the matter is closed.
(2)
Violation
Found.
If the commission finds that a nuisance or substandard
building or agricultural structure exists pursuant to this article,
then it shall require the owner, tenant, lienholder, or mortgagee
of the real property, building, or agricultural structure to take
one or more of the following actions:
(A)
Within
ten (10) calendar days, to secure the building or agricultural structure
from unauthorized entry;
(B)
Within
thirty (30) calendar days, to abate or repair the nuisance, or remove
or demolish the building or portion thereof;
(C)
Within
ninety (90) calendar days to abate or repair the nuisance, or remove
or demolish the building or portion thereof, upon satisfactory proof
that the work cannot reasonably be performed sooner. The building
standards commission 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;
(D)
If
the owner, lienholder or mortgagee establishes at the public hearing
that the work cannot be reasonably completed within ninety (90) calendar
days because of the scope and complexity of the work, and if the owner,
lienholder or mortgagee has submitted at the hearing a detailed and
viable scope of work, plan, time schedule, and reasonable proof of
financial responsibility or capability to perform the work as represented,
then the building standards commission may allow the owner, lienholder,
or mortgagee more than ninety (90) calendar days to complete the work
required to abate the nuisance or repair, remove or demolish the building
or agricultural structure. In such case, the commission shall require
the owner, lienholder or mortgagee to regularly submit progress reports
to the commission, to demonstrate ongoing compliance with time schedules
for performance of the work. The commission may require the owner
and/or contractor to appear before the enforcement officer or commission
itself, as may be deemed by the commission to be necessary to assure
the owner’s diligence is prosecuting the scope of work to timely
completion;
(E)
Order
that the premises be vacated and every owner, tenant and other occupant
be relocated and the building vacated within a reasonable time, at
the cost of the owner, to the extent allowed by law. The building
standards commission reserves the right to determine what is a reasonable
amount of time to relocate occupants;
(F)
If
the owner, lienholder, or mortgagee owns property, including structures
or improvements on other property with in the city’s boundaries
that exceeds $100,000.00 in total value, then the building standards
commission may require the owner, lienholder, or mortgagee to post
a cash or surety bond in an amount adequate to cover the cost of repairing,
removing, or demolishing a building under this article. In lieu of
a bond, the building standards commission may require the owner, lienholder,
or mortgagee to provide a letter of credit from a financial institution
or a guaranty from a third party approved by the building standards
commission. The bond must be posted, or the letter of credit or third-party
guaranty provided, not later than the 30th calendar day after the
date the city issues the order.
(3)
Delivery
and Posting of the Order.
(A)
Within
three (3) business days after the public hearing, the city secretary
shall file a copy of the commission’s order in the city secretary’s
office and mail by certified mail with return receipt requested, deliver
by the United States Postal Service using signature confirmation service,
or personally deliver a copy of the commission order to the owner
of the building or property and to any lienholder or mortgagee.
(B)
Within
ten (10) business days after the date that the order is issued, the
city secretary shall publish in a newspaper of general circulation
in the city a notice containing:
(4)
Owner
Default.
In the event the owner fails or refuses to comply
with the commission order within the time provided for action by the
owner, then:
(A)
The
building standards commission may order lienholder, mortgagees or
other persons with legal interest in the building, structure, or premises
to vacate, secure, repair, remove, or demolish it as necessary to
comply with the order given to the owner or tenant, within a reasonable
time.
(B)
The
building standards commission also may order that the occupants be
relocated within a reasonable time, at the cost of any of the mortgagees
or lienholders. Under this section, the city 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.
(5)
City
Remedial Action.
If the building, agricultural structure or premises is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time in the commission’s order, by the owner, tenant, lienholder or mortgagee, then the city may cause the vacating, securing, repair, removal, or demolition of the building or relocation of occupants at city’s own expense. This subsection does not limit the ability of the city to collect on a bond or other financial guaranty that may be required by subsection (2)(F) of this section. The relief stated here is in addition to any other enforcement action available to the city as specified in this article or as available at law or equitable remedy.
(Ordinance 2018.11.12 adopted 11/12/18)
An owner, lienholder, or mortgagee aggrieved by an order of
the building standards commission is entitled to appeal the decision
to a Texas District Court of competent jurisdiction, pursuant to section
214.0012 of the Texas Local Government Code, as amended. A notice
of appeal must be filed with the appropriate district court within
thirty (30) calendar days from the date the order is personally delivered
or mailed to the owner(s), lienholder(s), or mortgagee(s), as provided
herein. Upon the expiration of the thirty (30) calendar day period,
the decision of the building standards commission shall become final.
Upon a disposition favorable to the city, then the court shall award
the city recovery of its attorney’s fees, costs and expenses,
and judgment therefor, pursuant to section 214.0012(h), Texas Local
Government Code, as amended.
(Ordinance 2018.11.12 adopted 11/12/18)
(a)
The
enforcement officer or designee, is hereby directed and authorized
to administer and enforce the provisions of this article. Nothing
contained herein is meant to limit discretion of any enforcement officer
in evaluating conditions in accordance with the minimum standards,
issuing notice of violation, filing charges in municipal court, exercising
reasonable discretion in working with an owner, tenant, lienholder
or mortgagee to achieve voluntary compliance with this article, and
all other reasonable and necessary steps to administer and enforce
this article.
(b)
The
enforcement officer or designee, acting in good faith and without
malice in the discharge of his duties, shall not thereby be personally
liable for any damage, claim, suit, court cost, attorney fee or interest
that may arise out of any act or omission of the enforcement officer
or designee in the discharge of official duties arising from this
article. A suit brought against the enforcement officer or designee
because of such an act or omission shall be defended by legal counsel
provided by the city until final termination of such proceedings.
(Ordinance 2018.11.12 adopted 11/12/18)
Notwithstanding any other notice or time provision of this article,
when a building or agricultural structure or portion thereof is so
manifestly unsafe as to pose an immediate threatening condition to
public health and safety by reason of its collapse, partial collapse,
potential for imminent collapse, or other clear, present, and imminent
danger to adjacent property owners, then the enforcement officer may
issue a written order to the owner, tenant, lienholder, mortgagee
and file such order in the city secretary’s office. The order
may require immediate abatement of such threatening condition sooner
than the times otherwise prescribed in this article for notice, hearing,
and action, but may not order an action sooner than twenty-four (24)
hours from service. For purposes of this emergency provision only,
the written order may be served by telephonic contact and reading
thereof to the owner, tenant, lienholder or mortgagee with hardcopy
delivery thereafter. Nothing in this article prohibits the city from
taking emergency action to abate or remove an immediate threat if
the time to locate responsible parties, prepare and serve the order
described in this section may result in a worsening of the danger,
and immediate action is needed to protect public health and safety.
Necessary costs incurred by the city under this section shall be assessed
against the property owner, tenant, or other legally responsible party
pursuant to the cost recovery provisions of this article including
without limitation, use of a lien or suit.
(Ordinance 2018.11.12 adopted 11/12/18)
The provisions of this section are cumulative with any other
remedy or procedure stated in this article. The enforcement officer
may use any or all of the following methods to gain compliance:
(1)
Taking
such action as the enforcement officer deems appropriate within the
authorization provided in this article or any other ordinance of the
city, and within the bounds of the Constitution and laws of this state.
(2)
Filing
one or more misdemeanor complaints in municipal court.
(3)
Referring
the matter to the city attorney for appropriate civil suit in a court
of competent jurisdiction, including but not limited to restraining
orders, injunctive relief, damages, civil penalties, recovery of attorney
fees, court, costs and interest and such other relief at law or equity
as allowed by law.
(4)
Ordering
the abatement of a dangerous condition pursuant to the emergency provision,
if the owner, lienholder or mortgagee of the property does not timely
abate the danger.
(5)
In addition
to any other remedies or penalties contained in this article, the
city may enforce the provisions of this article pursuant to provisions
of Texas Local Government Code, chapter 54.
(6)
Any
other remedies permitted or authorized at law or in equity or as may
be agreed to by the city by way of a compromise and settlement with
an owner, tenant, lienholder or mortgagee upon reasonable terms mutually
acceptable to the parties under the circumstances then existing.
(Ordinance 2018.11.12 adopted 11/12/18)
When this article allows or requires any act by the city, an
official or board, nothing in this article shall be construed as prohibiting
the city from contracting with a third party to so act on behalf of
the city. The hiring of a contractor in any particular case is subject
to available funds in the city budget and approval of the city council.
(Ordinance 2018.11.12 adopted 11/12/18)
(a)
Assessment.
Each of the following fees and costs shall be assessed against
the property, owner, tenant, lienholder, mortgagee or other legally
responsible party, to the fullest extent allowed bylaw:
(1)
Administrative
fee of $200.00 shall be assessed against each property upon which
the enforcement officer must issue a notice of violation or other
notice or order. This fee is to reduce the city’s overhead and
incurred manpower costs associated with having to take enforcement
action, including but not limited to the costs of due diligence research
by staff, confer with attorneys, owner, tenant, lienholders, mortgagees,
appear in court or building standards commission, and other staff
activity. Such fee may be assessed once per calendar year thereafter
for so long as the matter is still pending, to cover the continuing
costs of city staff to administer the case and update the due diligence
results;
(2)
Invoiced
services, labor, and materials incurred by city for a specific property
such as but not limited to, title company fees, court costs, attorney
fees, landfill fees, contractor expenses, publication and printing
costs, and plywood and screws for securing property, and any sales
and use tax added to any item; and
(3)
Notwithstanding
any other provisions of this article, whenever the city must enter
upon the premises and performs or causes any work to be performed
to secure the premises, abate, repair, or demolish a building or agricultural
structure that is in violation of this article, or to relocate tenants,
because the owner, tenant, lienholder or mortgagee cannot be located
or refuses or fails to timely comply with notices and orders, then
the city may take such action at its own expense, and all charges
and costs incurred shall be assessed against the property, owner,
tenant, and other legally responsible party.
(b)
Collection
and Lien.
In the normal course of business in managing accounts receivable, the city shall send to owner, tenant, lienholders and mortgagees an itemized invoice of the administrative fee and all other costs incurred by the city, as such arises from time-to-time in managing the activity and proceedings as to a substandard or nuisance property. If the city’s invoice is not paid within thirty (30) calendar days after billing, the city shall file a lien against the property in the deed records of the county, as allowed by law. The charges shown on the lien shall bear interest at the rate of eight (8) percent per annum from the invoiced due date until paid. The lien shall be collected under the same terms and provisions of law as on city ad valorem taxes. The lien may be extinguished prior to foreclosure if the owner or other person having an interest in the property reimburses the city for its expenses. If the notices pursuant to section 3.709, and an opportunity to abate the nuisance or repair, remove, or demolish the building or agricultural structure was afforded to each mortgagee or lienholder, then the lien is a privileged lien subordinate only to tax liens, as authorized by Texas Local Government Code section 214.001(o), as amended.
(Ordinance 2018.11.12 adopted 11/12/18)
(a)
Property
Condition.
It is an offense for a person to construct
or maintain a building or agricultural structure that does not meet
or exceed the minimum standards, or to cause or allow a building or
agricultural structure to constitute a nuisance or danger as described
in this article.
(b)
Disregard
of Orders or Notice.
It is an offense for a person to
refuse or fail to comply with any provision, requirement or order
issued by the enforcement officer or building standards commission.
(c)
Interference
with Duties.
It is an offense for a person to deny access
to property, obstruct, or interfere with the enforcement office, a
designee, or a contractor authorized by the enforcement officer in
the inspection of any property, building or agricultural structure,
posting a notice or order, or engaging in or attempting to engage
in securing, vacating, repairing, demolition of a building or agricultural
structure in accordance with this article.
(e)
Procedure.
Allegation and evidence of a culpable mental state is not required
for the proof of an offense defined by this article.
(f)
Fine.
An offense under subsections (a) or (b) is declared to be a violation of an ordinance regulating fire, safety or public health and sanitation and is punishable upon conviction by a fine of up to $2,000.00 per day per offense, pursuant to Texas Local Government Code chapter 54, as amended. An offense under subsection (c) is punishable upon conviction by a fine not to exceed $500.00 per offense.
(Ordinance 2018.11.12 adopted 11/12/18)
Civil enforcement or activity of the building standards commission
pursuant to this article shall not affect the ability of the city
to proceed under the jurisdiction of the city’s municipal court.
(Ordinance 2018.11.12 adopted 11/12/18)
