The words and phrases contained herein shall have the following
meanings ascribed to them unless the context states otherwise:
Any action the city may take on public or private property
and any adjacent property as may be necessary to remove or alleviate
a nuisance, including, but not limited to, demolition, removal, repair,
boarding and securing or replacement of property.
An order issued by the building and standards board, after
a hearing, requiring a responsible person to correct a violation,
abate a public nuisance, pay civil penalties and administrative costs
or take any other action as authorized or required by this code and
applicable state laws and codes. Such term may also include an order
authorizing the city to abate a public nuisance or assess a code enforcement
lien.
Includes, but is not limited to, any building, fence, awning,
canopy, sign, shed, garage, house, tent, trailer or other structure
whatsoever.
A board appointed by the city council to conduct administrative
hearings under this article as authorized in Local Government Code
chapter 54.
Any person authorized to enforce violations of this article
or applicable state laws and codes.
Any building that does not comply with the minimum standards as set forth in section 3.09.003 herein.
The minimum standards for continued use and occupancy of a building as set forth in section 3.09.003 herein.
Any person, agent, firm, corporation or governmental agency
shown to be the owner or owners of a building in:
Whatever is dangerous to human life or health; whatever renders
the ground, water, air or food hazardous to human life, or health,
or that is offensive to the senses; or that is or threatens to become
detrimental to the public health; or
Any building that is a hazard to public health, safety, or welfare.
(Ordinance 794-19 adopted 6/11/19)
(a)
It
shall be unlawful for any owner, occupant, or other person in control
of a building to allow that building to be in a condition that does
not conform to the minimum standards, as defined herein.
(b)
Any
building that does not conform to the minimum standards is hereby
declared to be a public nuisance and shall be abated by vacation,
relocation of occupants, repair, demolition, or removal, as necessary,
upon the issuance of an order to abate issued in accordance with the
procedures specified in this article.
(Ordinance 794-19 adopted 6/11/19)
A building is considered to be dilapidated, substandard, or
unfit for human habitation and a hazard to the public health, safety
and welfare, regardless of its date of construction, under any of
the following conditions:
(1)
The
building or structure has been damaged by fire, earthquake, tornado,
wind, flood, vandals or any other cause, to such an extent that the
structural strength or stability thereof is subject to partially or
fully collapsing.
(2)
The
building or structure was constructed or maintained in violation of
any provision of the city’s adopted building codes, fire code
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, tornado, vandalism, or other cause to such an extent that it
has become dangerous to the public health, safety and welfare.
(8)
A
portion of a building or structure remains on a site when construction
or demolition work is abandoned.
(9)
A
door, aisle, passageway, stairway, fire escape or other means of egress
is not of sufficient width or size, or is damaged, dilapidated, obstructed
or otherwise unusable, or so arranged so as not to provide safe and
adequate means of egress in case of fire or emergency.
(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.
(11)
The structure has been found to contain molds which are known to
be harmful to humans, and that remediation of such mold contamination
would exceed fifty (50) percent of the value of the structure.
(12)
Whenever the building or structure has been so damaged by fire, wind,
tornado, earthquake or flood, or has become so dilapidated or deteriorated
as to become:
(13)
A portion of the building or member or appurtenance thereof (e.g.
porch, chimney, signs) is likely to fall, or to become detached or
dislodged, or to collapse and thereby injure persons or damage property.
(14)
The building or structure has any portion, member or appurtenance,
ornamentation on the exterior thereof which is not of sufficient strength
or stability, or is not so anchored, attached or fastened in place
so as to be capable of safely resisting wind pressure, snow, ice,
or other loads.
(15)
The electrical system is totally or partially damaged, destroyed,
removed or otherwise made inoperable, unsafe or hazardous.
(16)
The plumbing system is totally or partially damaged, destroyed, removed
or otherwise made inoperable or unsanitary.
(17)
The mechanical system or any portion of the mechanical system is
totally or partially damaged, destroyed, removed or otherwise made
inoperable or unsafe.
(18)
The building or structure, because of obsolescence, dilapidated condition,
deterioration or damage, is detrimental to the sale, loan or taxable
values of surrounding properties or which renders such surrounding
properties uninsurable or which constitutes a blighting influence
upon the neighborhood or which constitutes an eyesore so as to deprive
owners or occupants of neighboring property of the beneficial use
and enjoyment of their premises or which presents an appearance which
is offensive to persons of ordinary sensibilities.
(19)
Any building that is not occupied by its owners, lessees or other
invitees and is not secure from unauthorized entry so that it could
be entered or used by uninvited persons or children regardless of
its structural condition.
(Ordinance 794-19 adopted 6/11/19)
(a)
The
city manager, or their designee, or any of the city’s designated
code enforcement officials, including staff members of the code enforcement
department (“code enforcement officials”) shall have the
authority and powers necessary to gain compliance with the provisions
of this article. Such powers include the power to issue notices of
violation, issue citations, inspect public and private property and
use whatever judicial and administrative remedies are available under
this article or applicable state laws. The city manager, or their
designee, and any code enforcement official are authorized to enter
upon any property or premises to ascertain whether the provisions
of this article or applicable state codes and statutes are being obeyed,
and to make any examinations and surveys as may be necessary in the
performance of their enforcement duties. Such duties may include the
taking of photographs, samples or other physical evidence.
(b)
Any
code enforcement official shall have the authority to issue citations
for any violation of this article. If the person being cited is not
present, the code enforcement official may send the citation to the
alleged offender by certified mail, return receipt requested. If a
person who receives a citation by personal service or as provided
under this subsection fails to appear on the return date of the citation,
the court may issue a warrant for the person’s arrest for the
violation described in the citation.
(c)
It
shall be unlawful for any person to interfere with a code enforcement
official in the performance of his or her duties and enforcement under
this section.
(d)
The
city may secure a building that it determines does not meet the minimum
standards and is unoccupied or occupied only by persons who do not
have a right to possess the building.
(e)
Before
the 11th day after the date the building is secured, the city shall
give notice to the owner of record by:
(1)
Personally serving the owner with written notice;
(2)
Depositing the notice in the United States mail addressed to the
owner at the owner’s last known post office address;
(3)
Publishing the notice at least twice within a ten-day period in a
newspaper of general circulation in the city if personal service cannot
be obtained and the owner’s post office address is unknown;
or
(4)
Posting the notice on or near the front door of the building if personal
service cannot be obtained and the owner’s post office address
is unknown.
(f)
The
notice shall contain identification of the building and the property
on which it is located, a description of the existing violation(s)
of the minimum standards, and a statement that the municipality will
secure or has secured the building.
(g)
The
notice shall also state that the owner may request a hearing about
any matter related to the city’s securing of the building, and
that if such a hearing is requested, it shall be held pursuant to
Texas Local Government Code sec. 214.0011(e) and heard by the building
and standards board.
(Ordinance 794-19 adopted 6/11/19)
(a)
Inspection.
The city manager shall designate a code
enforcement official to inspect or cause to be inspected any building
the official has probable cause to believe does not meet the minimum
standards. If the code enforcement official is unable to obtain permission
to search the building from the owner or a person in control of the
premises, the city shall apply for an administrative search warrant
pursuant to Texas Code of Criminal Procedure article 18.05 unless
an exception to the warrant requirement exists. All inspections, entries,
examinations and surveys shall be done in a reasonable manner. If
an owner, occupant or agent refuses permission to enter or inspect,
a code enforcement officer, first authorized by the city manager,
may seek an administrative inspection warrant or search warrant as
provided for by Vernon’s Ann. C.C.P. art. 18.05.
(b)
Determination.
After completing the inspection, the
inspecting official shall determine if the building is a dangerous
building, as defined herein.
(c)
Notice of abatement.
After an initial determination
that a building is a dangerous building, the inspecting official shall
notify the owner of record of the building, by certified mail, return
receipt requested, of the nature of the violation(s) of the minimum
standards. The inspecting official shall also notify the owner of
record of the building that the building is dangerous and that the
owner must vacate and/or repair, demolish, or remove the building
for the good of the public health, safety and welfare. The notice
may also state that civil penalties are being assessed against the
property owner for failure to repair, remove, or demolish the building
as provided herein. A notice shall be posted on the dangerous building
as follows:
|
“THIS BUILDING IS DANGEROUS ACCORDING TO THE MINIMUM STANDARDS
SET FORTH IN THE OFFICIAL CODE OF THE CITY, CHAPTER 3, ARTICLE 3.09
AND THE OWNER MUST REPAIR, DEMOLISH OR REMOVE IT. CONTACT __________
AT __________ FOR FURTHER INFORMATION.”
|
|
“DATE ___________”
|
(d)
Request for public hearing before building and standards board.
If the owner does not reply or take action within fifteen (15) days from the date the notice was mailed, the inspecting official may request that a public hearing be held before the building and standards board, as defined in section 3.09.006, to determine whether the building complies with the minimum standards set forth in this article. The city shall then order a public hearing.
(1)
If a public hearing is ordered, the city shall make a diligent effort
to discover the identity and address of the owner(s) of record and
any lienholders or mortgagees of the building and the underlying property.
(2)
The city shall notify each owner, lienholder, or mortgagee by certified
mail, return receipt requested, and notify any 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
that a public hearing will be held in reference to the building and
that the interested party may appear at the public hearing, be heard,
and present evidence in reference to the condition of the building.
The notice shall further advise the owner, lienholder, or mortgagee
or unknown owner that he will have the burden of proof at such hearing
and will be required to submit at the hearing proof of the scope of
any work that may be required to make the building comply with this
article and the amount of time it will take to reasonably perform
the work.
(3)
The city will publish notice of the public hearing in a newspaper
of general circulation in the city. The city may also file a notice
of the public hearing in the official public records of real property
in the county. The notice must contain the name and address of the
owner of the property (if it can be determined from a reasonable search
of county records), a legal description of the affected property and
a description of the proceeding, including the date, location and
time of the public hearing.
(Ordinance 794-19 adopted 6/11/19)
(a)
Created.
In accordance with Local Government Code, chapter
54, the city hereby creates the building and standards board consisting
of one, five-member panel to be appointed by the city council for
a term of two years. The city council may appoint four alternate members
to the board to serve in the absence of one or more regular members,
as provided by state law. The building and standards board shall conduct
its activities and enforce this article in accordance with the provisions
of the Local Government Code.
(b)
Powers and duties.
The building and standards board
shall have the power and duty to:
(1)
Require the reduction in occupancy load of an overcrowded structure
or vacation of a structure that is hazardous to the health, safety
and welfare of the occupants;
(2)
Permit the repair of a substandard structure as an alternative to
demolition of the structure; or
(3)
Require the demolition of structures found to be substandard and
a public nuisance;
(4)
Require the removal of personalty from a structure ordered vacated
or demolished. Removal may be accomplished by use of city forces or
a private transfer company if the owner of the personalty is not known,
the whereabouts of the owner cannot be ascertained or the owner fails
to remove the personalty. The building and standards board may cause
any personalty removed to be stored in the care and custody of a bonded
warehouse facility. Cost of removal and storage is the responsibility
of the owner of the personalty;
(5)
Require that a vacant structure or vacant portion of a structure
constituting a hazard be securely closed and made safe;
(6)
Grant a variance when, in the opinion of the building and standards
board, a literal interpretation of the city’s housing standards
or other regulations would result in an imposition of an unnecessary
or unreasonable hardship; and
(7)
Interpret the provisions of this article in a way so as to carry
out their intent and purpose and, from time-to-time, as it deems advisable,
make suggestions and recommendations to the city council for improvement
of the city’s housing standards regulations.
(Ordinance 794-19 adopted 6/11/19)
(a)
If
it is found at the public hearing that the building is in violation
of the minimum standards, one of the following orders or any combination
thereof may be issued by the building standards board:
(1)
An order to secure or vacate the building and relocate occupants;
or
(2)
If it is determined that the order provided for in subsection (a)(1) above is not sufficient to protect the public health, safety or welfare, an order may be issued to repair, demolish or remove the building within a reasonable time.
(3)
An order to assess civil penalties against the property owner for
failure to repair, remove, or demolish the building.
(b)
The city shall promptly mail by certified mail, return receipt requested, a copy of any order issued pursuant to subsection (a) of this section to the owner of record of the building and to any lienholder or mortgagee along with a notice containing an identification of the building and the property on which it is located; a description of the violation(s) of the minimum standards; a statement that the municipality will secure, vacate, repair, remove or demolish the building if the ordered action is not taken by the owner within a reasonable time.
(c)
The
order shall allow the owner thirty (30) days to complete the ordered
action, unless it is determined from the evidence presented at the
public hearing that additional time is required. If more than thirty
(30) days is allowed to repair, remove or demolish the building, specific
time schedules shall be established for the commencement and performance
of the work.
(d)
The order shall also state that any lienholders or mortgagees of the building and/or the underlying property shall have an additional thirty (30) days to complete the ordered action if the owner fails to comply within the time allotted in subsection (c) above.
(e)
The
owner, lienholder or mortgagee may not be allowed more than ninety
(90) days to complete any part of the work required, remove or demolish
the building unless the requirements of Texas Local Government Code
sec. 214.00l(k) are met.
(Ordinance 794-19 adopted 6/11/19)
Within ten (10) days following the date that an order is issued,
the building and standards board shall:
(1)
File
a copy of the order in the office of the city secretary; and
(2)
Publish
in a newspaper of general circulation in the city a notice containing
the following:
(Ordinance 794-19 adopted 6/11/19)
Any owner, lienholder or mortgagee of record of a property jointly
or severally aggrieved by any order issued under this article shall
be entitled to judicial review in district court. A petition must
be filed in district court by an owner, lienholder or mortgagee within
thirty days after delivery of said order pursuant to Texas Local Government
Code sec. 214.0012.
(Ordinance 794-19 adopted 6/11/19)
(a)
Criminal penalty.
Any person, firm, entity or corporation
who violates any provision of this article shall be deemed guilty
of a misdemeanor, and upon conviction therefore, shall be fined in
a sum not exceeding two thousand dollars ($2,000.00). Each such person,
firm, entity or corporation may be charged with a separate offense
for each and every day, or portion thereof, during which any violation
of any provision of this article is committed, continued or permitted
by such person and shall, upon conviction, be punished accordingly.
(b)
Civil violations.
In addition to any other remedy provided
by this code, any provision of this code or applicable state law may
be enforced by injunction issued by a court of competent jurisdiction
upon a suit brought by the city. As part of a civil action filed to
enforce provisions of this code, a court may assess a maximum civil
penalty as allowed by law per violation of this code or state law
for each day during which any person commits, continues, allows or
maintains a violation of any provision of this code or state law.
(c)
Recovery of civil penalties.
The city manager may collect
all civil penalties and related administrative costs by the use of
all appropriate legal means, including referral to the city attorney,
the recordation of a code enforcement lien pursuant to the procedures
set forth in this article and state law, and the filing of a court
action to recover such penalties and costs.
(Ordinance 794-19 adopted 6/11/19)
(a)
If
an owner or other interested party does not vacate, secure, repair,
remove, demolish, or relocate occupants of a building within the time
allotted in an order issued pursuant to this article, the city may
take the ordered action at its expense at the direction of the city
manager. If the city repairs the building, such repairs shall only
be to the extent required to meet minimum standards and only if the
building is a residential building with ten (10) or fewer dwelling
units.
(b)
As an alternative to subsection (a) a civil penalty may be assessed against the property owner for failure to repair, remove or demolish the building. A notice of penalty shall be mailed by certified mail, return receipt requested, to the property owner advising the amount and duration of the penalty, the date on which it is due, and notice that failure to pay said penalty shall result in a lien being placed on the property.
(d)
Any expenses incurred by the city pursuant to subsection (a) of this section and any civil penalties incurred by the owner pursuant to subsections (b) and (c) of this section will be assessed against the property on which the building stands or stood. The city will have a privileged lien upon filing same in the official public records of the county clerk subordinate only to tax liens against the property unless it is a homestead as protected by the state constitution. Then lien will be extinguished if the property owner or other interested party reimburses the city for all expenses and penalties.
(Ordinance 794-19 adopted 6/11/19)
