For the purpose of this article, any uninhabited or unoccupied dwelling, building, or structure which has any or all of the conditions or defects hereinafter described shall be 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 possible occupants are endangered:

Whenever the exterior walls or other vertical structural members of said building, dwelling or structure list, lean or buckle to such an extent that a plumbline passing through the center of gravity does not fall inside the middle one-third of the base.

Whenever the said building, dwelling, or structure, exclusive of the foundation, shows thirty-three (33) percent or more damage or deterioration of its supporting member or members, or fifty (50) percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.

(3)

Whenever the said building, dwelling or structure has improperly distributed loads upon the foundations or roofs or when said foundation or roofs are overloaded or have insufficient strength to be reasonably safe for the purpose used, the general public or possible occupants.

(4)

Whenever the said building, dwelling, or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become:

(A)

An attractive nuisance to children;

(B)

A harbor for vagrants, criminals or immoral persons; or

(C)

As to enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

(5)

Whenever, for any reason, the said building, dwelling, or structure, or any portion thereof, is manifestly unsafe and dangerous to the life, safety, or general health and welfare of possible occupants or the general public.

(6)

Whenever said building, dwelling or structure, intended to be used for habitation, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light and air (artificial or natural) or inadequate sanitary facilities, or otherwise, is determined by the city, county or state health official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

(7)

Whenever said building, dwelling or structure, has inadequate facilities for egress in case of fire or panic or the door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit for said purposes.

(8)

Whenever any portion or member or appurtenance of said building, dwelling or structure is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

(9)

Whenever the building, dwelling or structure, or any portion thereof, because of:

(A)

Dilapidation, deterioration, or decay;

(B)

Faulty construction;

(C)

The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;

(D)

The deterioration, decay or inadequacy of its foundation; or

(E)

Any other cause,

is likely to partially or completely collapse.

(10)

Whenever said building, dwelling or structure, has a floor, exterior wall or roof with holes, cracks, or loose, rotten, warped or protruding boards therein so as not to give reasonable protection to any occupants or possible occupants thereto from weather elements or danger of collapse.

(11)

Whenever said building, dwelling or structure, has interior walls, or ceilings with holes, cracks, loose plaster, defective materials or structural deterioration to the extent that same is manifestly unsafe for the purpose for which it is being used or so as not to give reasonable protection to any occupants of the same from danger of collapse or fire.

(12)

Whenever any building, dwelling, or structure 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.

(13)

Whenever any portion of said building, dwelling, or structure remains on a site after the demolition or destruction of the said building, dwelling, or structure by natural causes or otherwise, so as to constitute such building, dwelling, or structure, or portion thereof, an attractive nuisance to children or hazard to the public or their property.

Uninhabited building, dwelling or structure.

The term uninhabited building, dwelling, or structure as used in this article shall mean any house, building, dwelling, shed, barn, warehouse or other such structure and any appurtenances thereto which has been unused, unoccupied, abandoned, vacant or vacated as a regular place of residence, abode, living, storage or business activity for a period of not less than thirty (30) days. Provided, however, that any such house, building, dwelling, shed, barn, warehouse or similar structure unused, unoccupied, abandoned, vacant or vacated as a regular place of residence, abode, living, storage or business activity on the effective date of the ordinance from which this article is derived shall be deemed an uninhabited building, dwelling or structure thereafter for purposes of this article.

Minimum standards.

All buildings, structures, including dwellings, regardless of the date of their construction shall, at a minimum, for continued use and occupancy contain the following in good working order:

(1)

Not less than one kitchen sink, lavatory, toilet, tub or shower, and a water closet, and all properly connected to an approved water and sewer system;

(2)

All required plumbing shall be located with the building or dwelling unit and be accessible to the occupants thereof. The water closet, tub, shower, and lavatory and toilet shall be located in a room affording privacy to the user and such room shall be a minimum floor space of thirty (30) square feet;

(3)

Every dwelling unit shall have connected to the kitchen sink, lavatory, tub or shower an adequate supply of both cold and hot water. All water shall be supplied through an approved pipe distribution system and connected to a potable water supply;

(4)

Every dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower and a water closet, all in good working condition and properly connected to an approved water and sewer system. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks and obstructions;

(5)

All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet, tub or shower and lavatory shall be located in a room affording privacy to the user and such room shall have a minimum floor space of thirty (30) square feet;

(6)

Every dwelling unit shall have connected to the kitchen sink, lavatory and tub or shower an adequate supply of both cold water and hot water. All water shall be supplied through an approved pipe distribution system connected to a potable water supply;

(7)

Every dwelling shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than one hundred twenty (120) degrees Fahrenheit. Such water heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of this subsection are not in operation;

(8)

All buildings or structures that have become deteriorated through natural causes or by damage through exposure to the elements, especially wind, hail or rain, or damage through fire to the extent that the roof, windows and doors or portions of the house, building or structure which protect from the weather will no longer reasonably protect from the weather;

(9)

All buildings or structures which constitute, or in which are maintained, fire hazards, as that term is defined through the fire prevention code of the city;

(10)

All buildings or structures which are so structurally deteriorated that they are in danger of collapse or which cannot be expected to withstand the reasonably anticipated storms or winds;

(11)

All buildings or structures not wired in conformity with the electrical code of the city;

(12)

All buildings or structures not constructed in conformity with the city building code; and/or

(13)

All buildings or structures so constructed or permitted to be so constructed as to constitute a menace to health or safety, including all conditions conducive to the harboring of rats or mice or other disease carrying animals or insects reasonably calculated to spread disease, and including such conditions hazardous to safety as inadequate bracing or the use of deteriorated materials.

Substandard buildings designated.

All buildings or structures which have any or all of the following defects or lack of facilities shall be deemed substandard buildings:

All buildings or structures which constitute, or in which are maintained, fire hazards, as that term is defined through the fire prevention code of the city;

(7)

All buildings or structures which are so structurally deteriorated that they are in danger of collapse or which cannot be expected to withstand the reasonably anticipated storms or winds;

(8)

All buildings or structures not wired in conformity with the electrical code of the city;

(9)

All buildings or structures not constructed in conformity with the city building code; and/or

(10)

(Ordinance 20030210-01, sec. 1, adopted 2/10/03)

§ 3.07.002 Declaration of nuisance.

All buildings, or portions thereof, which are herein defined as “dangerous buildings” or “substandard buildings” are hereby declared to be public nuisance and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures specified in this article.

(Ordinance 20030210-01, sec. 2, adopted 2/10/03)

§ 3.07.003 Building standards investigating committee.

There is hereby created a building standards investigating committee; for the interim, and until such time as the city council deems it necessary to separate the activities of the building standards investigating committee, the historic district committee will perform the functions of the buildings standards investigating committee, and individually or in concert shall have the following duties:

(1)

Inspect any uninhabited building, dwelling or structure as herein defined concerning which complaints have been filed by any person to the effect that said building, dwelling or structure is or may be a dangerous building within the terms of this article.

(2)

Inspect any uninhabited building, dwelling or structure as herein defined reported by the fire department, police department or any other administrative department of the city as being a dangerous building within the terms of this article.

(3)

If, upon inspection and investigation, it is found that an uninhabited building, dwelling or structure, as defined, is a dangerous building within the terms of this article, the member or members shall issue a notice and order, which notice and order shall contain the following:

(A)

Street address and legal description sufficient for identification of the premises upon which the said building is located.

(B)

A statement that the investigating member has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the definitions set forth under section 3.07.001 hereof.

(C)

A statement of the action required to be taken as determined by the investigating member. If it has been determined that the building or structure must be repaired, the order shall require that required permits be secured therefor, and the work physically commenced within such time (not to exceed sixty (60) days from the date of the order) and completed within such time as the investigating officer shall determine is reasonable under all of the circumstances. If it has been determined that the building or structure must not be occupied, then the order shall require that the building or structure must not be occupied, and that the building or structure remain unoccupied or vacant until such time as is determined by the investigating member. If it has been determined that the building or structure must be demolished (in the event that the same cannot possibly be repaired) the order shall require that the building continue in its vacated and unoccupied state, that all required permits be secured, and that the demolition be completed within such time as the investigating member shall determine is reasonable.

(4)

Report to the building standards committee any noncompliance with the notice and order provided for in subsection (3).

(5)

Appear at all hearings conducted by the building standards committee and the city council and testify as to the conditions of dangerous and substandard buildings.

(6)

Place a notice on said dangerous and substandard buildings reading substantially as follows: “This building has been found to be dangerous and substandard. No person shall occupy this building until such time as the same has been brought to standards in accordance with the written request of Building Standards Investigating Committee. It is unlawful to remove this notice until such requirements are complied with. This notice is to remain on this building until it is repaired or demolished in accordance with the notice and order which has been given the record owner.”

(Ordinance 20030210-01, sec. 3, adopted 2/10/03)

§ 3.07.004 Building standards committee.

There is hereby created a building standards committee which shall be composed of five (5) members, each of whom shall be residents of the city and shall be appointed by the city council. Three members shall constitute a quorum. Members of the building standards committee shall hold office for a period of two (2) years, or until their successors are appointed. Vacancies shall be filled by appointments of the city council for the remainder of an unexpired term. For the interim, and until such time as the city council deems it necessary to separate the activities of the building standards committee, the historic district committee will perform the functions of the buildings standards committee.

(Ordinance 20030210-01, sec. 4, adopted 2/10/03)

§ 3.07.005 Duties of the building standards committee.

The building standards committee, upon adoption of its own rules or procedure, shall perform the following:

(1)

Upon receipt of a report of the building standards investigating committee as provided for herein above, written notice is to be given by the committee as provided herein to appear before them on a date specified in the notice to show cause why the building or structure reported to be a dangerous or substandard building should not be repaired or demolished or remain unoccupied in accordance with the statement of particulars set forth in the building official, fire marshal or health officer notice herein above provided. The date of such hearing shall be set not less than ten (10) days after giving notice as herein above stated.

(2)

Hold a public hearing and hear such testimony as the building standards investigating committee/building standards committee and the owner, mortgagee, lessee, or any other person having an interest in said building as shown by the deed records of the county clerk’s office, and/or tax rolls of the city, shall offer relative to the determination of the question of whether or not the building or structure in question is a dangerous building or substandard building as defined herein.

(3)

Make written finding of fact from testimony offered, pursuant to subsection (2) as to whether or not the building in question is a dangerous or substandard building within the terms of section 3.07.001.

(4)

Upon determination that the building or structure in question does constitute a dangerous or substandard building within the meaning of section 3.07.001, issue an order based upon findings of facts made pursuant to subsection (3) hereof commanding and ordering the owner, mortgagee, lessee, agent or any other persons having an interest in said building as shown by the deed records of the county clerk’s office and/or the city tax rolls, to repair, prohibit occupancy of, or demolish any building found to be a dangerous building within the terms of the article.

(5)

Within thirty (30) days (excluding Saturdays and Sundays) from the date the building standards committee issues its order, the owner, mortgagee, lessee, agent or any other person having an interest in said building as shown by the deed records and/or the city tax rolls, may file with the city secretary a written application for appeal to the city council stating his objections to the building standards committee order and requesting a hearing. A hearing date shall be set and notice given to the person whose signature appears on said application. At said hearing, the appellant shall present testimony, evidence or argument in support of his objections to the findings and order, and the building standards committee shall defend the same. The city council shall either reject, modify or uphold the building standards committee’s findings and order. If the appeal is not filed with the city secretary within thirty (30) days (excluding Saturdays and Sundays) from the date the building standards committee issues its order, the appeal shall be vitiated and the order of the building standards committee shall become final.

(6)

Pending appeal, such orders of the building standards committee as shall require the alleged dangerous building, dwelling or structure to be vacant or unoccupied or such emergency measures as may have been ordered shall remain in effect, but all other orders of the committee shall be suspended in their operation.

(Ordinance 20030210-01, sec. 5, adopted 2/10/03)

§ 3.07.006 Historic significance determination.

Before any actions, determinations, [or] recommendations are made, the city secretary must assure and denote that the building, appurtenance, structure or portion of structure; such as a colonnade, balcony or storefront/facade, in question is or is not located within the city’s historic district; has been, or is eligible for state or national historic recognition; or has been identified as a place, structure or building of historic significance and noted as a historic landmark for the city. The sources for this information will include a map of the historic district, an inventory of those structures with either a state and/or national historic listing and an inventory of those structures, building and/or places that have been identified as city historic landmarks. If this is the case, all actions, determinations and recommendations must first be reviewed and approved by the historic district committee. No alterations, modifications or demolitions are to be approved and permitted until a certificate of appropriateness (COA) is issued by the historic district committee.

(Ordinance 20030210-01, sec. 6, adopted 2/10/03)

§ 3.07.007 Standards for repair, vacation or demolition.

The following standards may be followed in substance by the investigating committee and building standards committee in ordering repair, vacation or demolition of a substandard dangerous building:

(1)

If the substandard or dangerous building or structure can reasonably be repaired so that it will no longer be in a condition which is in violation of the terms of this article, it shall be ordered repaired;

(2)

If the substandard or dangerous building or structure is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants or of the public, it shall be ordered to be vacated, or to remain unoccupied; and/or

(3)

In any case where a substandard or dangerous building or structure is fifty percent (50%) damaged or decayed, it shall be demolished, and in all cases where a building cannot be repaired so that its existence will no longer be in violation of the terms of this article, it shall be demolished.

(Ordinance 20030210-01, sec. 7, adopted 2/10/03)

§ 3.07.008 Service of notice and orders.

(a)

The notices and orders and any amended or supplemental notices and orders to be given under the provision of this article shall be served upon the record owner, lienholder or mortgagee and posted on the property; and one copy thereof shall be served on each of the following if known to the building standards committee or disclosed from the city tax rolls or deed records of the county: the holder of any mortgage or deed of trust or other lien or encumbrance of records; the owner or holder of any lease or records; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the investigating members or any member of the building standards committee to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such persons from any duty or obligation imposed on him by the provisions of this section.

(b)

Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail postage prepaid, return receipt requested, to each such person at his address as it appears on the tax rolls of the city or deed records of the county clerk’s office.

(c)

In cases where the owner, occupant, lessee or mortgagee is absent from the city all notices or orders provided for herein shall be sent by certified mail to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown by the deed records of the county clerk’s office or tax rolls of the city to the last known address of each and a copy of such notice shall be posted in a conspicuous place on the building or structure in question. Such mailing and posting shall be deemed sufficient notice for the building standards committee to hold its hearing.

(d)

The notice sent per this section shall include a statement that the owner, lienholder or mortgagee will be required to submit at the hearing proof of the scope of work that may be required to comply with this article and the time it will take to reasonably perform the work.

(Ordinance 20030210-01, sec. 8, adopted 2/10/03)

§ 3.07.009 Demolition of building; lien.

If, at the expiration of thirty (30) days from a final determination by the building standards committee that a building or structure is to be demolished, and same has not been destroyed, it shall be demolished at the expense of the owner thereof by the city or its contractor. The materials of such building shall be sold and the net cost of the demolition shall be charged to the owner, and, if any balance remains, it shall be held for the owner or any other parties entitled thereto. If the cost of demolition exceeds the value of the materials of such building, such excess shall be charged as a lien upon the real property on which the building is situated, such lien, when filed, shall constitute a lien upon the property on which the expense was incurred, second only to tax liens and liens for street improvement, and the amount remaining unpaid on said lien shall accrue interest at the rate of ten percent (10%) per annum from date of expenditure by the city, or from the date that the city itself performed such work and incurred said expenses, as provided for in section 214.001 et seq. of the Local Government Code. It shall be the duty of the office of the city attorney to file suit in a court of competent jurisdiction to satisfy the lien acquired pursuant to this section.

(Ordinance 20030210-01, sec. 9, adopted 2/10/03)

§ 3.07.010 Occupancy.

It shall be unlawful for any owner, lessor, lessee, or agent or representative of said owner, lessor, or lessee to allow or authorize any person to rent, occupy or use any building, dwelling or structure, as herein defined, when notice, as provided in section 3.07.003, has been given that such building, dwelling or structure is dangerous under the terms of this article until such time as the owner, lessor, or lessee has complied with the requirements specified in said notice and the order of the building standards committee or the order and notice is dismissed on appeal to the city council as provided in section 3.07.005(5).

(Ordinance 20030210-01, sec. 10, adopted 2/10/03)

§ 3.07.011 Judicial review.

Any owner, lienholder or mortgagee of record may seek judicial review of the municipality’s decision pursuant to section 214.0012 of the Local Government Code or any amendments thereto.

(Ordinance 20030210-01, sec. 11, adopted 2/10/03)

§ 3.07.012 Penalties.

(a)

The owner, occupant, mortgagee, lessee, agent or any other persons having an interest in any dangerous or substandard building who shall fail to comply with any notice or order to repair, vacate or demolish said building or who violates section 3.07.009 hereof, such notice or order having been given by the authority of the building standards committee of the city, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500.00 per each offense and each day the violation continues shall constitute a separate offense.

(b)

Any person removing the notice provided for in section 3.07.003 hereof, shall be deemed guilty of a misdemeanor and upon conviction shall be punished as provided above for each offense.

(c)

In case the owner or occupant or lessee of any dangerous building ordered to be repaired or demolished under the terms of this article shall be a corporation, and shall violate any provisions of this article, the president, vice-president, secretary, or treasurer of such corporation or any manager, agent or employee of such corporation shall be also severally liable for the penalties herein provided.

(Ordinance 20030210-01, sec. 12, adopted 2/10/03)

§ 3.07.013 Civil remedies.

Nothing in this article shall be construed as abridging the right of the city to resort to the courts of the state for the enforcement of this article.

(Ordinance 20030210-01, sec. 13, adopted 2/10/03)

§ 3.07.014 Liability.

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 20030210-01, sec. 14, adopted 2/10/03)