This article shall commonly be referred to as the city’s substandard building ordinance.
(Ordinance 230, sec. I, adopted 8/21/03; 2009 Code, sec. 3.03.001)
This article is adopted so that the city council may promote the public health, safety, and general welfare within the city through the regulation of substandard buildings. By requiring the repair and/or demolition of substandard buildings, the city council seeks to protect property values and prevent bodily injury, death, and property damage within the city limits.
(Ordinance 230, sec. III, adopted 8/21/03; 2009 Code, sec. 3.03.002)
As used in this article, the following terms shall be defined as follows:
Appraised value.
The value given the structure by the county tax assessor’s office.
Building.
Any structure of any kind, or any part thereof, erected for the support, shelter or enclosure of persons, animals, chattel or property of any kind.
City council.
The city council of the City of Bandera.
Diligent effort.
Best or reasonable effort to determine the identity and address of an owner, a lienholder, or a mortgagee, including a search of the following records:
(1) 
County real property records of the county in which the building is located;
(2) 
Appraisal district records of the appraisal district in which the building is located;
(3) 
Records of the secretary of state;
(4) 
Assumed name records of the county in which the building is located;
(5) 
City tax records; and
(6) 
City utility records.
Minimum housing standards.
Those standards found in the city’s adopted standard building, electrical, plumbing, gas, mechanical, existing building and fire prevention codes.
Owner.
Any person, agent, firm or corporation named in the real property records of the county where the building is located as owning the property.
Structure.
That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built or composed of parts joined together in some definite manner, or any part thereof.
(Ordinance 230, sec. IV, adopted 8/21/03; 2009 Code, sec. 3.03.003)
Any building or structure requiring repair or demolition, as described and defined hereinbelow, shall be, and the same are, hereby declared to be a public nuisance and unlawful.
(Ordinance 230, sec. V, adopted 8/21/03; 2009 Code, sec. 3.03.004)
An inspection shall be made of every building located within the city which is suspected of being in violation of this article. The building inspector or his official designee is hereby authorized to conduct inspections of buildings suspected of being in violation of this article and take such actions as may be required to enforce the provisions of this article.
(Ordinance 230, sec. VI, adopted 8/21/03; 2009 Code, sec. 3.03.005)
(a) 
Whenever a violation of this article has been discovered and reported by an inspector, a public hearing shall be provided to determine whether a building complies with the standards set out in this article.
(b) 
A notice of the hearing shall be sent to the occupant, if any, and record owner, lienholder or mortgagee. Such notice shall be in writing and shall be served:
(1) 
By personal delivery, by certified mail with return receipt requested, or by delivery by the United States Postal Service using signature confirmation service, to the record owners of the affected property, and each holder of a recorded lien against the affected property, as shown by the records in the office of the county clerk of the county in which the affected property is located if the address of the lienholder can be ascertained from the deed of trust establishing the lien and/or other applicable instruments on file in the office of the county clerk; and
(2) 
To all unknown owners, by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable.
(c) 
The notice shall contain:
(1) 
The names of all persons to whom notice is being served;
(2) 
The street address or legal description of the premises;
(3) 
The date of inspection;
(4) 
The nature of the violation;
(5) 
The date, time and location of the hearing; and
(6) 
A statement that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with this article and the time it will take to reasonably perform the work.
(Ordinance 230, sec. VII, adopted 8/21/03; Ordinance adopting 2009 Code; 2009 Code, sec. 3.03.006)
The following standards shall be utilized in determining whether a building should be ordered repaired or demolished:
(1) 
The building or structure is liable to partially or fully collapse.
(2) 
The building or structure was constructed or maintained in violation of any provision of the city’s minimum housing standards, or any other applicable ordinance or law of the city, county, state, or federal government.
(3) 
Any wall or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle one-third (1/3) of its base.
(4) 
The foundation or the vertical or horizontal supporting members are twenty-five (25) percent or more damaged or deteriorated.
(5) 
The nonsupporting coverings of walls, ceilings, roofs, or floors are fifty (50) percent or more damaged or deteriorated.
(6) 
The structure has improperly distributed loads upon the structural members, or they have insufficient strength to be reasonably safe for the purpose used.
(7) 
The structure or any part thereof has been damaged by fire, water, earthquake, wind, vandalism, or other cause to such an extent that it has become dangerous to the public health, safety and welfare.
(8) 
The structure does not have adequate light, ventilation, or sanitation facilities as required by the city.
(9) 
The structure has inadequate facilities for egress in case of fire or other emergency or has insufficient stairways, elevators, fire escapes or other means of ingress or egress.
(10) 
The structure, because of its condition, is unsafe, unsanitary, or dangerous to the health, safety or general welfare of the city’s citizens, including all conditions conducive to the harboring of rats or mice or other disease-carrying animals or insects reasonably calculated to spread disease.
(Ordinance 230, sec. VIII, adopted 8/21/03; 2009 Code, sec. 3.03.007)
(a) 
The date of the hearing held before the city council shall not be less than ten (10) days after notice is made as described in section 3.03.006.
(b) 
If a building is found to be in violation of this article, the city shall require the owner, lienholder, or mortgagee of the building to within thirty (30) days repair or demolish the building, unless it is proven at the hearing that the work cannot reasonably be done in thirty (30) days.
(c) 
If the city allows more than thirty (30) days for the building to be repaired or demolished, the city shall establish specific time schedules for the work to be commenced and finished and shall require the owner, lienholder, or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the hearing official.
(d) 
The city shall not allow the owner, lienholder or mortgagee more than ninety (90) days to repair or demolish the building unless a detailed plan and time schedule for the work are submitted at the hearing and it is proven at the hearing that the work cannot reasonably be completed within ninety (90) days. Additionally, the owner, lienholder, or mortgagee must submit work progress reports to demonstrate compliance with the time schedule established.
(e) 
In any case where fifty (50) percent or more of the value or structure is damaged or deteriorated, a building shall be demolished or removed, and in all cases where a structure cannot be repaired so that it will no longer exist in violation of the provisions of this article, it shall be demolished or removed.
(Ordinance 230, sec. IX, adopted 8/21/03; 2009 Code, sec. 3.03.008; Ordinance adopting 2023 Code)
(a) 
After the public hearing, if a building is found to be in violation of this article, the city may order that the building be repaired or demolished by the owner within a reasonable time, as established under section 3.03.008.
(b) 
If the building is ordered to be repaired or demolished, the city shall promptly mail by certified mail, return receipt requested, a copy of the order to the owner of the building and to any lienholder or mortgagee of the building. The city shall make a diligent effort to discover each mortgagee and lienholder having an interest in the building or the property on which the building is located.
(c) 
If the ordered action is demolition of the building or structure, demolition shall not occur until a magistrate has issued a seizure and demolition warrant supported by a probable cause affidavit stating that:
(1) 
The city has complied with the procedures set forth in this article;
(2) 
Demolition has been ordered by the city; and
(3) 
The time for appeal of the order to district court has expired and no appeal has been taken or, in the alternative, the order was appealed to district court but the appeal has been finally resolved in a manner that does not prevent the city from proceeding with demolition.
(Ordinance 230, sec. X, adopted 8/21/03; 2009 Code, sec. 3.03.009)
(a) 
In addition to the order, each identified mortgagee or lienholder shall be sent a notice containing:
(1) 
An identification of the building and the property on which it is located (this does not have to be a legal description);
(2) 
A description of the violation of this article; and
(3) 
A statement that the municipality will demolish the building if the ordered action is not taken.
(b) 
If the notice is returned “refused” or “unclaimed,” the validity of the notice is not affected and the notice shall be deemed delivered.
(c) 
Within ten (10) days after the date that the order is issued, the city shall:
(1) 
File a copy of the order in the office of the city secretary; and
(2) 
Publish a notice in a newspaper where the building is located stating:
(A) 
The street address or legal description of the property;
(B) 
The date of the hearing;
(C) 
A brief statement indicating the results of the order; and
(D) 
Instructions as to where a complete copy of the order may be obtained.
(Ordinance 230, sec. XI, adopted 8/21/03; 2009 Code, sec. 3.03.010)
The owner, lienholder, or mortgagee shall have the right to appeal the decision made at the hearing to a district court. A notice of appeal must be filed with the district court within thirty (30) calendar days from the date the order is mailed to the owner, lienholder or mortgagee, as provided herein.
(Ordinance 230, sec. XII, adopted 8/21/03; 2009 Code, sec. 3.03.011)
(a) 
Whenever it is discovered upon reinspection that the owner, mortgagee or lienholder has failed to either repair or demolish the building within the allotted time, the city, or its authorized agent, may repair or demolish and remove said building or cause the same to be done and charge the expenses incurred in doing such work or having the same done to the owner, mortgagee or lienholder of said land.
(b) 
If such work is done at the expense of the city, then said expense shall be assessed against any salvage resulting from the demolition of the building and against the lot, tract, or parcel of land, or the premises upon which such expense was incurred.
(c) 
For the purposes of this section, any repair, alteration or improvement made to a building by the city will only be to the extent necessary to bring the building into compliance with the city’s minimum housing standards and only if the building is a residential building with ten (10) or fewer dwelling units; provided, however, the city may elect to obtain a judicial determination by a decree of a court of competent jurisdiction of the existence, in fact, of a public nuisance in cases contemplated by this article. Such judicial determination may include any available remedy for the abatement of such a nuisance.
(Ordinance 230, sec. XIII, adopted 8/21/03; 2009 Code, sec. 3.03.012)
(a) 
When the city incurs expenses to repair or demolish and remove the building, the city has a lien against the property on which the building is located, unless it is a homestead as protected by the state constitution. The lien arises and attaches to the property when the city council or the building inspector records and indexes notice of the lien with the county clerk. The notice shall contain:
(1) 
The name and address of the owner, if that information can be determined with a reasonable effort;
(2) 
A legal description of the property on which the building was located;
(3) 
The amount of expense incurred by the city;
(4) 
The balance due; and
(5) 
The date on which said work was done or improvements made.
(b) 
The city shall have a privileged lien on such lot, lots, or other premises or real estate upon which said building was located, to secure the expenditure so made, which said liens shall be second only to tax liens and liens for street improvements, and said amount shall bear 10% interest from the date such statement was filed. It is further provided that for any such expenditure and interest, as aforesaid, suit may be instituted and recovered, and foreclosure of said lien may be made in the name of the city, and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or expense.
(c) 
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.
(Ordinance 230, sec. XIV, adopted 8/21/03; 2009 Code, sec. 3.03.013)
(a) 
Authority.
The city shall have the power to administer and enforce the provisions of this article as may be required by governing law.
(b) 
Civil penalty.
(1) 
Any person violating any provision of this article shall, upon conviction, be fined a sum not exceeding one thousand dollars ($1,000.00) for each and every day of violation or, if the owner shows the property is the owner’s lawful homestead, in an amount not to exceed ten dollars ($10.00) per day for each violation, provided that:
(A) 
The owner was notified of the requirements of this article and the owner’s need to comply with the requirements; and
(B) 
After notification, the owner committed an act in violation of this article or failed to take action necessary for compliance with this article.
(2) 
If such a civil penalty is assessed, the city secretary shall file a certified copy of the order containing such penalty with the county district clerk’s office no later than three (3) working days after such order.
(c) 
Other remedies.
(1) 
The remedies provided herein shall be available to the city in addition to any penal or other remedy provided by law or equity which the city, state, or any other person may have to remedy the unsafe building condition.
(2) 
The city may bring a civil action in a court of competent jurisdiction to collect the amount due plus all associated costs and fees.
(Ordinance 230, sec. XV, adopted 8/21/03; 2009 Code, sec. 3.03.014)
Neither the city nor any authorized agent acting under the terms of this article shall be liable or have any liability by reason of orders issued or work done in compliance with the terms of this article.
(Ordinance 230, sec. XVI, adopted 8/21/03; 2009 Code, sec. 3.03.015)