For the purposes of this article, the following definitions shall apply:
Building
includes buildings, appurtenances or other structures or excavations existing above or below the ground level.
Dangerous buildings.
All buildings which have any of the following defects shall be deemed “dangerous buildings”:
(1) 
Those of which the interior walls 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 of its base.
(2) 
Those which, exclusive of the foundation, show thirty-three (33) percent or more of damage or deterioration of the supporting member or members, or fifty (50) percent of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
(3) 
Those which have improperly distributed loads upon the floor or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
(4) 
Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety or the general health and welfare of the occupants or the people of the city.
(5) 
Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the essentials to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, safety or general welfare of those living therein.
(6) 
Those having height, air and sanitation facilities which are inadequate to protect the health, safety, or general welfare of human beings who live or may live therein.
(7) 
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication.
(8) 
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
(9) 
Those which because of their condition are a public nuisance, unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this city.
(10) 
Those buildings existing in violation of any provision of the building code, electrical code or plumbing code of this city, or any provision of the fire prevention code, or other ordinances of this city, including by incorporation the terms of the International Property Maintenance Code provisions on unsafe structures, which pose a danger to health or safety of the occupants or the public.
(Ordinance 485, sec. 1, adopted 2/26/62; 1972 Code, sec. 6-31)
All "dangerous buildings" within the terms of this article do not meet the city's minimum standards for construction and maintenance of structures, and are hereby declared to be public nuisances, and shall be repaired, vacated, or demolished as herein provided.
(Ordinance 485, sec. 3, adopted 2/26/62; 1972 Code, sec. 6-32; Ordinance 1315 adopted 9/26/2023)
The following standards shall be followed in substance by the building inspector and the city council in ordering repair, vacation or demolition:
(1) 
If the "dangerous building" can reasonably be repaired so that it will no longer exist in violation of the terms of this article it shall be ordered repaired.
(2) 
If the "dangerous building" is in such condition as to make it dangerous to the health, safety, or general welfare of its occupants it shall be ordered to be vacated.
(3) 
In any case where a "dangerous building" is fifty (50) percent damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this article it shall be demolished. In all cases where a "dangerous building" is a fire hazard existing or erected in violation of the terms of this article or any ordinance of the city or statute of the state, it shall be demolished, or repaired to the extent that the fire hazard will be eliminated.
(Ordinance 485, sec. 2, adopted 2/26/62; 1972 Code, sec. 6-33)
The building inspector shall:
(1) 
Inspect or cause to be inspected, semi-annually, all public buildings, schools, halls, churches, theaters, hotels, tenements, and commercial, manufacturing or loft buildings, for the purpose of determining whether any conditions exist which render such places a "dangerous building" within the terms of this article.
(2) 
Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this article.
(3) 
Inspect any building, wall or structure reported, as hereinafter provided, by the fire or police or other departments of this city as probably existing in violation of the terms of this article.
(4) 
If all necessary actions required in the initial notice delivered under section 4.03.005(a) are not completed and the subsequent noncompliance notice under section 4.03.005(b) is required, the building inspector shall prepare and deliver to the city council a report detailing the structural deficiencies of the building and make a recommendation as to whether the structure can be repaired or should be demolished.
(Ordinance 485, secs. 4.1-1–4.1-3, adopted 2/26/62; 1972 Code, sec. 6-34; Ordinance 1315 adopted 9/26/2023)
(a) 
The building inspector shall deliver personally or by certified mail, return receipt requested, to the owner, occupant, lessee, mortgagee, agent and all other persons having interest in said building as shown by the land records of the county of any building found by him to be a "dangerous building" within the standards set forth in section 4.03.001 that:
(1) 
The owner must vacate, repair or demolish said building in accordance with the terms of the notice and this article;
(2) 
The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession;
(3) 
The mortgagee, agent or other person having an interest in said building as shown by the land records of the county may at his own risk repair, vacate, or demolish said building or have such works or act done; provided, any person notified under this section to repair, vacate or demolish any building shall be given such reasonable time, not exceeding sixty (60) days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.
(b) 
If the person or persons responsible for the remedial actions required in the notice provided under subsection (a) does not comply by the sixtieth (60th) day, the building inspector shall deliver personally or by certified mail, return receipt requested, to the owner, occupant, lessee, mortgagee, agent and all other persons having interest in said building as shown by the land records of the county of any building found by him to be a "dangerous building" within the standards set forth in section 4.03.001, a notice containing:
(1) 
The name and address of the owner/s of the affected property;
(2) 
An identification of the structure and the property upon which it is located, including the legal description of the property;
(3) 
A statement that the building inspector has found the structure to be substandard, with a brief and concise description of the conditions found to render the structure substandard;
(4) 
A statement of the action recommended to be taken, as determined by the building inspector in the report provided to city council under section 4.03.004(4);
(5) 
A statement that notice has been provided under subsection (a), the date that notice was delivered, and confirmation that the sixty-day period for the property to be brought into compliance has passed;
(6) 
The date, time, place, and brief description of the public hearing ordered under section 4.03.008.1; and
(7) 
A statement that the owner, occupant, 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 the ordinance and the time it will take to reasonably perform the work.
(c) 
The building inspector shall also file the notice with the county clerk in order to provide notice to, and be binding upon, subsequent grantees, lienholders, or other transferees who acquire an interest in the property after such filing.
(Ordinance 4, ch. 16, art. 1, adopted 4/1/29; Ordinance 485, secs. 4.1-4, 4.1-5, adopted 2/26/62; Ordinance 1104, sec. 1, adopted 8/11/09; 1972 Code, sec. 6-35; Ordinance 1315 adopted 9/26/2023)
Editor's note–Former section 4.03.006 pertaining to service of notice on persons absent from city, was repealed and deleted in its entirety by Ordinance 1315 adopted 9/26/2023. Prior to the deletion this section derived from the following: Ordinance 4, ch. 16, art. 1, adopted 4/1/29; Ordinance 485, sec. 9, adopted 2/26/62; 1972 Code, sec. 6-36.
The building inspector shall place a notice on all "dangerous buildings," or on a fence or other enclosure surrounding such building if the building is enclosed, reading as follows:
DANGEROUS BUILDING
This building has been found to be a dangerous building by the City of Monahans Building Inspector. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the order, if any, issued by the city council at a public hearing directing such action. It is unlawful to remove this notice until such order is complied with.
(Ordinance 485, sec. 4.1-8, adopted 2/26/62; 1972 Code, sec. 6-37; Ordinance 1315 adopted 9/26/2023)
The building inspector shall, if necessary to protect persons or property, issue notice to the utility companies to discontinue service on any building determined to be "dangerous buildings" under the terms of this article.
(Ordinance 485, sec. 12, adopted 2/26/62; 1972 Code, sec. 6-38; Ordinance 1315 adopted 9/26/2023)
(a) 
Upon the building inspector's confirmation that all notices have been delivered, such confirmation shall be provided to the city secretary. The city council shall then set the matter for public hearing at its next practicable regular or special meeting and provide the date, time, and place of the hearing to the building inspector for inclusion in the notice required by section 4.03.005(b). Prior to opening public testimony at the hearing, the city council shall:
(1) 
Hear the report detailing the structural deficiencies and recommendation made by the building inspector that the structure should be vacated, repaired or demolished; and
(2) 
Hear any present owner, lienholder, or mortgagee to address the deficiencies and recommendation identified in the report, including the scope of the work necessary to comply with minimum building standards, the projected cost to repair the structure, and the time reasonably required to reach compliance.
(b) 
The city council shall then open the public hearing to others who wish to speak on the recommended action.
(Ordinance 1315 adopted 9/26/2023)
(a) 
If the structure is found by the city council to be in violation of the standards set forth above, the council may order the owner, lienholder, or mortgagee to, within thirty (30) days:
(1) 
Secure the structure from unauthorized entry; and
(2) 
Repair, remove, or demolish the structure, unless the owner, lienholder, or mortgagee establishes at the hearing that the work cannot reasonably be performed within thirty (30) days.
(A) 
If so established, the city council may provide no more than ninety (90) days for such action and with the advice of the building inspector shall establish specific schedules for the commencement and performance of the work.
(B) 
In such cases, the order shall require that regular progress reports be submitted to the city council to demonstrate compliance with the set schedules.
(b) 
If the owner, lienholder, or mortgagee owns property, including structures or improvements on property, within the municipal boundaries that exceeds $100,000.00 in total value, the city council shall require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing, or demolishing a building. The bond must be posted not later than the 30th day after the date the city council issues its order.
(Ordinance 1315 adopted 9/26/2023)
An order issued under this article is subject to judicial review in the district count as provided by law.
(Ordinance 485, sec. 5.1, adopted 2/26/62; 1972 Code, sec. 6-39; Ordinance 1315 adopted 9/26/2023)
Editor's note–Former section 4.03.010 pertaining to council action on appeal, was repealed and deleted in its entirety by Ordinance 1315 adopted 9/26/2023. Prior to the deletion this section derived from the following: Ordinance 485, sec. 5.2, adopted 2/26/62; 1972 Code, sec. 6-40.
(a) 
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a "dangerous building" is immediately repaired, vacated or demolished, the building inspector shall immediately secure such "dangerous building."
(b) 
The building inspector shall give notice, in person or by certified mail, return receipt requested, to the owner within ten (10) days of the date the building is secured. Said notice shall include the information described in section 4.03.005(a)(1)–(3) as well as:
(1) 
A statement that the city has secured the building; and
(2) 
An explanation of the owner's entitlement to request a hearing about any matter relating the city's securing of the building.
(c) 
Should personal service of the notice not be possible, and the owner's mailing address is not ascertainable, notice may be published in at least two consecutive issues of a newspaper of general circulation in the community or by posting the notice on or near the front door of the affected structure.
(d) 
The costs of such action by the city shall be collected in the same manner as provided in section 4.03.013.
(Ordinance 4, ch. 16, art. 2, adopted 4/1/29; Ordinance 485, sec. 8, adopted 2/26/62; 1972 Code, sec. 6-41; Ordinance 1315 adopted 9/26/2023)
If the owner, occupant, mortgagee, or lessee fails to comply with the city council order provided herein within the time specified in the order, the building inspector may cause such building or structure to be repaired, vacated, or demolished as the facts may warrant, under the standards provided for in this article, not sooner than thirty-one (31) days after the order is delivered to the relevant parties, and shall collect on a bond posted by the owner, lienholder, or mortgagee. If no sufficient bond is posted, the building inspector with the assistance of the city attorney shall cause the costs of such repair, vacation, or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner; provided that, in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, safety or general welfare of the people of this city, the building inspector shall notify the city attorney to take legal action to force the owner to make all necessary repairs or demolish the building.
(Ordinance 485, sec. 5.3, adopted 2/26/62; 1972 Code, sec. 6-43; Ordinance 1315 adopted 9/26/2023)
Editor's note–Former section 4.03.014 pertaining to reports by building inspector, was repealed and deleted in its entirety by Ordinance 1315 adopted 9/26/2023. Prior to the deletion this section derived from the following: Ordinance 485, sec. 4.1-6, adopted 2/26/62; 1972 Code, sec. 6-44.
The employees of the fire, police, health or other administrative departments, finding the same, shall make a report in writing to the building inspector of all buildings or structures which are, may be, or are suspected to be "dangerous buildings" within the terms of this article.
(Ordinance 485, sec. 11, adopted 2/26/62; 1972 Code, sec. 6-45)
The city attorney shall:
(1) 
Prosecute all persons failing to comply with the terms of the notices and orders provided for herein.
(2) 
Bring suit to collect all municipal liens, assessments, or costs incurred by the building inspector in repairing or causing to be vacated or demolished "dangerous buildings."
(3) 
Take such other legal action as is necessary to carry out the terms and provisions of this article, including the filing of a civil action for the enforcement of city ordinances relating to dangerously damaged or deteriorated structures or improvements under chapter 54, Texas Local Government Code.
(Ordinance 485, sec. 7, adopted 2/26/62; 1972 Code, sec. 6-46; Ordinance 1315 adopted 9/26/2023)
(a) 
The owner, occupant, mortgagee, lessee, agent or other person having an interest in any "dangerous building" who shall fail to comply with any notice or order to repair, vacate, or demolish said building given by any person authorized by this article to give such notice or order shall be guilty of a misdemeanor and upon conviction thereof shall be fined as provided in section 1.01.009 for each offense and for each day such failure to comply continues beyond the date fixed for compliance, each day of continued noncompliance being a separate offense.
(b) 
The occupant or lessee in possession who fails to comply with any notice to vacate and who fails to repair said building in accordance with any notice given as provided for in this article shall be guilty of a misdemeanor and upon conviction thereof shall be fined as provided in section 1.01.009 for each offense and for each day such failure to comply continues beyond the date fixed for compliance, each day of continued noncompliance being a separate offense.
(c) 
Any person removing the notice provided for herein or who shall in any way obstruct the enforcement of this article shall be guilty of a misdemeanor and upon conviction shall be fined as provided in section 1.01.009 for each offense.
(Ordinance 4, ch. 16, art. 2, adopted 4/1/29; Ordinance 485, sec. 6, adopted 2/26/62; 1972 Code, sec. 6-47)
No officer, agent or employee of the city shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this article, and he shall be defended by the city attorney until the final determination of the proceedings therein.
(Ordinance 485, sec. 10, adopted 2/26/62; 1972 Code, sec. 6-48)