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.
If 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 818 adopted 4/11/2022)
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 818 adopted 4/11/2022)
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 commission.
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;
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 818 adopted 4/11/2022)
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 818 adopted 4/11/2022)
Without limiting the ordinance power of the city commission
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. § 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°) Fahrenheit
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 818 adopted 4/11/2022)
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 always be
free from the various defects, dangers, conditions, or lack of condition
defined herein to be either a public nuisance or specific nuisance.
(Ordinance 818 adopted 4/11/2022)
(a)
Created.
There is hereby created a building standards
commission, which shall consist of three members of the city commission.
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 commission
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 818 adopted 4/11/2022)
(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 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
(3)
Actions described in both (1) and (2) may occur.
(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 818 adopted 4/11/2022)
(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 following statement: "ATTENTION: The real property described
in this notice is subject to pending civil enforcement action by the
City of Slaton regarding alleged dangerous, dilapidated, or substandard
building; or nuisance condition on the property. You may obtain further
information about the status of such enforcement action by contacting
City of Slaton 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 818 adopted 4/11/2022)
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 818 adopted 4/11/2022)
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 818 adopted 4/11/2022)
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 within the city's
boundaries, 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, secured, 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 premise 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 818 adopted 4/11/2022)
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 therefore, pursuant to section 214.0012(h), Texas Local
Government Code, as amended.
(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 818 adopted 4/11/2022)
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 818 adopted 4/11/2022)
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.
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 case is subject to available
funds in the city budget and approval of the city commission.
(Ordinance 818 adopted 4/11/2022)
(a)
Assessment.
Each of the following fees and costs
shall be assessed against the property, owner, tennant, lienholder,
mortgagee, or other legally responsible party, to the fullest extent
allowed by law:
(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 3.10.009, 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 818 adopted 4/11/2022)
(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.
(d)
Continuing offense.
A separate offense shall be deemed committed upon each day during or on which a violation described in section 3.10.019(a) or (b) occurs or continues to occur.
(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 section 3.10.019(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 section 3.10.019(c) is punishable upon conviction by a fine not to exceed $500.00 per offense.
(Ordinance 818 adopted 4/11/2022)
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 818 adopted 4/11/2022)
