The owner, occupant or person in custody of the building
or structure.
Any building or structure in or about which any or all of
the following conditions exist:
Walls or other vertical structural members list, lean or buckle;
Damage or deterioration exists to the extent that the building
is unsafe;
Loads on floors or roofs are improperly distributed or the floors
or roofs are of insufficient strength to be reasonably safe for the
purposes used;
Damage by fire, wind or other cause has rendered the building
or structure dangerous to life, safety, morals or the general health
and welfare of the occupants or the people of the city;
The building or structure is so dilapidated, substandard, decayed,
unsafe, unsanitary or otherwise lacking in the amenities essential
to decent living that the same is unfit for human habitation or is
likely to cause sickness, disease or injury or otherwise to constitute
a detriment to the health, morals, safety or general welfare of those
persons assembler, working or living therein or is a hazard to the
public health, safety and welfare;
Light, air and sanitation facilities are inadequate to protect
the health, morals, safety or general welfare of persons who assemble,
work or live therein;
Stairways, fire escapes or other facilities of egress in case
of fire or panic are inadequate;
Parts or appendages of the building or structure are so attached
that they are likely to fall and injure persons or property;
(Ordinance 12-92A adopted 11/2/92)
(a)
A condition
exists in violation of the standards set forth above if such condition
renders the building or structure unsafe, unsanitary or otherwise
detrimental to the health, safety, morals or welfare of the people
of the city.
(b)
A responsible
party may continue to use and occupy any building located within the
city, regardless of the date said building was constructed if such
building meets the applicable minimum standards for buildings prescribed
herein, and is not in violation of this article.
(Ordinance 12-92A adopted 11/2/92)
(a)
It shall
be unlawful for any person to maintain or permit the existence of
any unsafe building in the city; and it shall be unlawful for any
person to permit same to remain in such condition.
(b)
All
unsafe buildings are hereby declared to be public nuisances and shall
be abated by repair, rehabilitation, demolition or removal in accordance
with the procedures provided in this article.
(c)
The
fire marshal, hereinafter called “building official,”
shall enforce the provisions of this article.
(Ordinance 12-92A adopted 11/2/92)
The building official shall inspect or cause to be inspected, every building or portion thereof, reported to be unsafe. If such building or any portion thereof, is determined to be unsafe, the building official shall give the responsible party notice in accordance with the requirements set forth in Sections 3.605 and 3.606 of this article.
(Ordinance 12-92A adopted 11/2/92)
Whenever the building official determines that a building is
unsafe, he shall give notice of such determination to the responsible
party. Such notice shall:
(1)
Be in
writing;
(2)
Identify
the specific conditions upon which such determination was based;
(3)
Specify
the corrective measures required;
(4)
Provide
a reasonable time for compliance;
(5)
Advise
the responsible party that there will be conducted a public hearing
before the city council to determine whether a building complies with
the standards set out in this article. Said notice shall inform the
responsible party of the date, time and place of the hearing;
(6)
Such
notice be served upon the responsible party as set out in this article.
(Ordinance 12-92A adopted 11/2/92)
Notice given pursuant to this article shall be deemed properly
served upon the responsible party if a copy thereof is:
(1)
Served
upon him personally;
(2)
Sent
by registered or certified mail, return receipt requested, to the
last known address of such person as shown on the records of the city;
or
(3)
Posted
in a conspicuous place in or about the building affected by the notice.
(Ordinance 12-92A adopted 11/2/92)
(a)
The
purpose of the public hearing is to determine whether or not the building
is unsafe in accordance with the standards set forth in this article.
(b)
The
matter shall be set for hearing before the city council at the earliest
practicable date and notice of said hearing shall be served on the
responsible party and the building official not less than ten (10)
days prior to the date of said hearing. All interested persons shall
have the opportunity to be heard and may introduce evidence to the
city council for its members consideration.
(c)
After
the public hearing, the city council shall make such findings and
orders as it shall deem appropriate.
(d)
After
the public hearing, if a building is found in violation of the standards
set out in this article, the city council may order that the building
be vacated, secured, repaired, removed or demolished by the owner
within a reasonable time. The city council also may order that the
occupants be relocated within a reasonable time. If the responsible
party does not take the ordered action within the allotted time, the
city council shall make a diligent effort to discover each mortgagee
and lienholder having an interest in the building or in the property
on which the building is located. The city secretary shall send to
each identified mortgage and lienholder a notice containing:
(e)
As an alternative to the procedure prescribed by subsection (d) described above, the city council shall make a diligent effort to discover each mortgagee and lienholder before conducting the public hearing and shall give them a notice of and an opportunity to convene at the hearing. If the city proceeds under this subsection, the order issued by the city council shall specify a reasonable tine for the building to be vacated, secured, repaired, removed or demolished by the responsible party, or for the occupants to be relocated by the responsible party, and an additional reasonable time for the ordered action to be taken by any of the mortgagees or lienholders in the event the responsible party fails to comply with the order within the time provided for action by the responsible party. Under this subsection, 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 responsible party fails to timely take the ordered action.
(f)
If the
building is not vacated, secured, repaired, removed or demolished,
or the occupants are not relocated within the allotted time, the city
may vacate, secure, remove or demolish the building or relocate the
occupants at its own expense.
(g)
If the city incurs expenses under subsection (f), the city may assess the expenses on and the city has a lien against unless it is a homestead as protected by the Texas Constitution, the property on which the building was or is located. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the city for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the Lynn County Clerk. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the city and the balance due.
(h)
If the notice is given and the opportunity to repair, remove or demolish the building is afforded to each mortgagee and lienholder as authorized by subsection (d) or (e), the lien is a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens attached to the real property to which the city’s lien attaches.
(Ordinance 12-92A adopted 11/2/92)
(a)
If the city council has held a hearing pursuant to Section 3.607(b) and the time allotted for the repair, removal or demolition of a building under Section 3.607(d) or Section 3.607(e) has expired, then the city council may, in addition to the authority granted under Section 214.001, Local Government Code and Section 3.607 of this article:
(1)
order
the repair of the building at the city’s expense and assess
the expenses on the land on which the building stands or to which
it is attached; or
(2)
assess
a civil penalty against the responsible party for failure to repair,
remove or demolish the building;
(3)
assess
a general fine not to exceed $2,000.00 per day.
(4)
the
city’s building official shall invite at least two (2) or more
building contractors to make estimates pertaining to the needed repair,
removal or demolition of a building. The building official shall cause
to be made an assessment of expenses or civil penalty based on such
estimates. The building official shall endeavor to minimize the expenses
of any building repairs, removal or demolitions order pursuant to
this article.
(b)
The city may repair a building under subsection (a) only to the extent necessary to bring the building into compliance with the minimum standards of the city and only if the building is a residential building with 10 or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds minimum standards prescribed by the city.
(c)
The
city shall impose a lien against the land on which the building stands
or stood, unless it is a homestead as protected by the Texas Constitution,
to secure the payment of the repair, removal or demolition expenses
or the civil penalty. Promptly after the imposition of the lien, the
city shall file for record, in recordable form in the office of the
Lynn County Clerk, a written notice of the imposition of the liens.
The notice shall contain a legal description of the lien.
(d)
Except as provided by Section 3.607 as set forth above, the city’s lien to secure the payment of a civil penalty or the costs of repairs, removal or demolition is inferior to any previously recorded bona fide mortgage lien attached to the real property to which the city’s lien attaches if the mortgage lien was filed for record in the office of the Lynn County Clerk before the date the civil penalty is assessed or the repair, removal or demolition is begun by the city. The city’s lien is superior to all other previously recorded judgment liens.
(e)
Any
civil penalty or other assessment imposed under this section accrues
interest at the rate of 10 percent per year from the date of the assessment
until paid in full.
(f)
In any
judicial proceeding regarding enforcement of this article, the city
is entitled to recover reasonable attorney’s fees.
(g)
A lien
acquired under this section by the city for repair expenses may not
be foreclosed if the property on which the repairs were made is occupied
as a residential homestead by a person 65 years of age or older.
(Ordinance 12-92A adopted 11/2/92)
(a)
In the
event the city council makes a determination after the public hearing
that the building is deemed to be an unsafe building, the building
official shall cause to be posted at each entrance to such building
a notice to read as follows:
|
DANGEROUS
|
|
DO NOT ENTER, UNSAFE TO OCCUPY
|
|
Building Official of the City of Tahoka
|
(b)
Such
notice shall remain posted until required repairs, demolition or removal
is completed and such premises have been rendered safe. Such notice
shall not be removed without written permission of the building official,
and no person shall enter the building except for making inspections
or required repairs or to demolish such building.
(Ordinance 12-92A adopted 11/2/92)
In addition to the above powers and authorities, the city shall
have all of the rights granted by Sec. 54.012 through Sec. 54.19 of
the Texas Local Government Code, as it exists as of this date or as
it may be amended from time to time.
(Ordinance 12-92A adopted 11/2/92)
