This article shall commonly be referred to as the city’s
substandard building ordinance.
(Ordinance 042307, sec. I, adopted 4/23/07)
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 042307, sec. III, adopted 4/23/07)
As used in this article, the following terms shall be defined
as follows:
The value given the structure by the county tax assessor’s
office.
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.
The city council of the City of Yorktown.
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:
County real property records of the county in which the building
is located;
Appraisal district records of the appraisal district in which
the building is located;
Records of the secretary of state;
Assumed name records of the county in which the building is
located;
City tax records; and
City utility records.
Those standards found in the city’s adopted standard
building, electrical, plumbing, gas, mechanical, existing building
and fire prevention codes.
Any person, agent, firm or corporation named in the real
property records of the county where the building is located as owning
the property.
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 042307, sec. IV, adopted 4/23/07)
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 042307, sec. V, adopted 4/23/07)
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 042307, sec. VI, adopted 4/23/07)
(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 by personal delivery or by certified mail return receipt
requested to the record owner of the property, lienholder, or mortgagee,
and all unknown owners, lienholders, or mortgagees, by posting a copy
of the notice on the front door of each affected improvement situated
on the property or as close to the front door as practicable; and
if the owner’s address is different than the address shown for
the property involved, to the address of the property, addressed to
the occupant of such address. It is not necessary that the notice
to the occupant of the property list an occupant by name. Service
of the notice may be accomplished by first class U.S. mail or by personal
delivery to any occupant of the property who is above the age of eighteen
(18) years.
(c)
The
notice shall contain:
(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 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 042307, sec. VII, adopted 4/23/07)
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 building 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
non-supporting 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 042307, sec. VIII, adopted 4/23/07)
(a)
The date of the hearing shall not be less than ten (10) days after notice is made, as described in section 3.05.006.
(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 [of the]
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 042307, sec. IX, adopted 4/23/07)
(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 3.05.008.
(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 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 042307, sec. X, adopted 4/23/07)
(a)
In
addition to the order, each identified mortgagee or lienholder shall
be sent a notice containing:
(b)
If
the notice is returned “refused” or “unclaimed,”
the validity of the notice is not affected and the notice shall be
deemed delivered.
(Ordinance 042307, sec. XI, adopted 4/23/07)
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 042307, sec. XII, adopted 4/23/07)
(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 the 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 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 042307, sec. XIII, adopted 4/23/07)
(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 lien 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 042307, sec. XIV, adopted 4/23/07)
(a)
Generally.
The city shall have the power to administer
and enforce the provisions of this article as may be required by governing
law. Any person violating any provision of this article is subject
to suit for injunctive relief as well as prosecution for criminal
violations. Any violation of this article is hereby deemed to be a
nuisance.
(b)
Criminal prosecution.
Any person violating any provision of this article shall, upon conviction, be fined a sum in accordance with section 1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(c)
Civil penalty.
(1)
Any person violating any provision of this article may be assessed
a civil penalty, after a hearing on the violation, in 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:
(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.
(d)
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 042307, sec. XV, adopted 4/23/07)
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 042307, sec. XVI, adopted 4/23/07)
