means any structure used, or intended for, supporting or
sheltering any use or occupancy.
means any and all codes adopted by the city council.
means a building designed or intended for human habitation.
means the person or firm that owns a building or structure
and shall include any person that has legal or equitable access to
the building or structure. Each owner of a building or structure shall
be jointly and severally responsible for compliance with all provisions
of this article.
means any improvement which is built, constructed or located
on real property other than a dwelling or building and shall include
any fence, shed, or awning.
(Ordinance 03272018-2, sec. I, adopted 3/27/18)
The following buildings or structures, regardless of their date
of construction, are subject to the regulations in this article:
(1)
Substandard building or structure.
Any building or structure
that is dilapidated, substandard, or unfit for human habitation and
a hazard to public health, safety, and welfare. A building or structure
is presumed to be a substandard building or structure if it does not
meet the following minimum standards:
(A)
A dwelling must have an adequate water closet, lavatory, bathtub
or shower, kitchen sink, and hot and cold running water to plumbing
fixtures, as required by the applicable building codes.
(B)
A dwelling must have adequate heating facilities and ventilating
equipment.
(C)
A dwelling must have lighting that is properly installed and that
is operating in accordance with any applicable building codes.
(D)
All electrical wiring in any building or structure must be installed
and operating in accordance with all applicable building codes.
(E)
A dwelling must not have an unreasonable amount of dampness in any
portion used, or constructed for use, as a human habitation.
(F)
Buildings and structures must be free of hazardous or unsanitary
items or conditions including any accumulation of weeds, vegetation,
junk, dead organic matter, debris, garbage, stagnant water or conditions
likely to harbor or promote the breeding or infestation of insects,
snakes, vermin or rodents.
(G)
Buildings and structures and components thereof must be maintained
in accordance with all applicable building codes.
(H)
Dwellings must be properly connected to the city’s sanitary
sewer system unless they are connected to an on-site sewer system
which has been approved by the city.
(I)
A building or structure with a water closet, lavatory, bathtub, shower,
or clothes washer or dishwasher must be properly connected to the
city’s sanitary sewer system unless they are connected to an
on-site sewer system which has been approved by the city.
(J)
A building must not have garbage, rubbish or other unsightly material
in or around its location.
(K)
A building must have a foundation which is adequate to support the
building and loads imposed on the foundation in a safe manner.
(L)
A building must have flooring and floor supports of sufficient size,
structure and condition to carry loads imposed in a safe manner.
(M)
The walls, partitions or other vertical support members of a building
or structure must be adequate to carry the imposed loads in a safe
manner and support the roof of the building or structure, and must
not be split, must not lean, must not list and must not buckle.
(N)
The ceilings, roofs, and ceiling and roof supports of a building
or structure must be of sufficient size, structure and condition to
carry imposed loads in a safe manner and must not sag, split or buckle.
(O)
Chimneys and ventilation systems for fireplaces and stoves must be
of sufficient size, structure and condition to effectively remove
smoke and other gases created from combustion in the fireplace or
stove in a safe manner and must be sufficiently insulated so that
they do not create a risk or hazard of fire to adjacent structures
within the building in which they are installed.
(P)
Chimneys and ventilation systems for fireplaces and stoves and fireplaces
must have sufficient strength, structure and condition to carry the
structural loads imposed on them in a safe manner.
(Q)
All plumbing in any building or structure shall be installed and
in a condition that complies with the applicable plumbing code adopted
by the city council.
(R)
All mechanical systems in a building or structure shall be installed
in a condition that complies with the applicable mechanical code adopted
by the city council.
(S)
All buildings shall have effective waterproofing on exterior walls,
roofs, foundations or floors. The following are examples of ineffective
waterproofing: deteriorated, crumbling or loose plaster on exterior
walls or foundations, broken or missing exterior windows or doors,
lack of paint on exterior walls, or broken, rotted, split or buckled
exterior wall coverings or roof coverings.
(T)
All buildings and structures shall be free of combustible waste or
vegetation or from any substance which could be an accelerant to a
fire or likely to cause an explosion unless the substance which could
accelerate a fire or cause an explosion is properly stored in accordance
with applicable law.
(U)
All buildings must have adequate exits as required by applicable
building codes.
(V)
When any portion of a building is used as living or sleeping quarters
or a place where food is cooked for human consumption, such building
shall comply with the building codes applicable to dwellings with
respect to its plumbing, electrical and heating systems.
(W)
A building that is damaged by fire, windstorm, hail, or acts of vandalism
shall be immediately secured to avoid it being an unsecured building
or structure or a dangerous building or structure and work to bring
the building or structure into compliance with the regulations of
this article must be commenced within 30 days unless a longer time
period is permitted by the city staff or code enforcement officer,
or city council.
(2)
Unsecured building or structure.
Any building or structure
that, regardless of its structural condition, is unoccupied by its
owners, lessees, or other invitees and is unsecured from unauthorized
entry to the extent that it could be entered or used by vagrants or
other uninvited persons as a place of harborage or could be entered
or used by children.
(3)
Dangerous building or structure.
Any building or structure
that is boarded up, fenced, or otherwise secured in any manner if:
(Ordinance 03272018-2, sec. II,
adopted 3/27/18)
(a)
Maintaining nuisance.
A substandard building or structure,
an unsecured building or structure or a dangerous building or structure
is hereby declared a nuisance. It shall be unlawful for the owner
of a building or a structure to allow it to exist in a condition in
which it is a substandard building or structure, an unsecured building
or structure or a dangerous building or structure, as defined herein.
(b)
Failure to comply with city council order.
It shall
be unlawful for any person to fail to timely comply with any order
of the city council requiring the vacation, relocation of occupants,
securing, repair, removal or demolition of a substandard building
or structure, an unsecured building or structure or a dangerous building
or structure as defined herein.
(c)
Penalty.
Any person, firm or corporation who shall fail to comply with any of the provisions of this article commits an offense and shall, upon conviction thereof, be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code. This penalty shall be cumulative of all other penalties and remedies available to the city.
(Ordinance 03272018-2, sec. III,
adopted 3/27/18; Ordinance adopting
2023 Code)
The city may require the vacation, relocation of occupants,
securing, repair, removal or demolition of a substandard building
or structure, an unsecured building or structure or a dangerous building
or structure as defined herein by the procedures specified in this
article.
(Ordinance 03272018-2, sec. IV,
adopted 3/27/18)
(a)
Inspection report.
The code enforcement officer or other
duly appointed official of the city shall prepare a written inspection
report with respect to any building or structure that is a substandard
building or structure, an unsecured building or structure or a dangerous
building or structure, as defined herein, and notify the owner, lienholder,
or mortgagee as follows:
(1)
Identification of the building or structure (which shall not require
a legal description of the property);
(2)
A description of the manner in which the building or structure is
a substandard building or structure, an unsecured building or structure
or a dangerous building or structure, as defined herein;
(3)
The name, office address and phone number of the code enforcement
officer or other duly appointed official that can be contacted during
regular office hours to discuss the complaint;
(4)
Direction to the owner, lienholder or mortgagee that they must either:
(i) remedy the violations in the report by a date certain or (ii)
present the code enforcement officer or other duly appointed official
with a detailed plan stating the manner in which each violation will
be remedied and the time by which all work necessary to remedy the
violations will be completed, which plan shall be presented to the
code enforcement officer or other duly appointed official by a date
certain specified in the complaint;
(5)
A statement that a public hearing will be held concerning the findings in the report before the city council should the owner fail to comply with subsection (a)(4) of this section or if the owner or lienholder or mortgagee desires to contest the allegations in the report;
(6)
The date, time and place of the public hearing before the city council;
and
(7)
The following statement: “The owner, lienholder or mortgagee
of this property will be required to submit at the public hearing
proof of the scope of any work that may be required to comply with
this ordinance and the time it will take to reasonably perform the
work.”
(b)
Notice of report and hearing.
The report shall be mailed
to the owner and any lienholder or mortgagee of the building or structure.
The following procedures shall govern the mailing of such notice:
(1)
Determining identity and address of owner, lienholder or mortgagee.
The city will search the following records to determine the
identity and address of an owner, a lienholder, or a mortgagee:
(2)
Method of mailing.
The report and notice of hearing
shall be mailed to the owner and any lienholder or mortgagee of the
building or structure by certified mail with return receipt requested,
delivered by the United States Postal Service using signature confirmation
service or by personal delivery to the owner, lienholder or mortgagee
of the building or structure. If a notice or report is mailed in accordance
with this subsection to a property owner, lienholder, mortgagee, or
registered agent and the United States Postal Service returns the
notice as “refused” or “unclaimed,” the validity
of the notice is not affected, and the notice is considered delivered.
(Ordinance 03272018-2, sec. V, adopted 3/27/18)
(a)
Hearing before city council.
The public hearing on the
report and the findings contained therein shall be conducted by the
city council.
(b)
Evidence; burden of proof.
At the public hearing, the
city council shall consider any verbal or written evidence presented
by the code enforcement officer or other duly appointed official and
by the owner, lienholder or mortgagee; however, the presentation of
evidence shall be subject to any procedural rules applicable to public
hearings or proceedings before the city council. In the public hearing
the owner, lienholder, or mortgagee has the burden of proof to demonstrate
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 03272018-2, sec. VI,
adopted 3/27/18)
Should the city council determine that the building or structure
that is the subject of the hearing is a substandard building or structure,
an unsecured building or structure or a dangerous building or structure,
as defined herein, the city council may order that the building or
structure be vacated, secured, repaired, removed or demolished by
the owner within a reasonable time and may order that any occupants
of a building be relocated within a reasonable time. The order of
the city council shall be reduced to writing and shall be signed by
the mayor or the mayor pro tem and the city secretary.
(Ordinance 03272018-2, sec. VII,
adopted 3/27/18)
If the city council orders the owner to remediate violations
with respect to a building or structure, the remediation work shall
be conducted within the following time periods:
(2)
Conditions for allowing more than 30 days.
If the city
council finds that the work required to remedy all violations cannot
be accomplished within 30 days from the date of the public hearing,
the city council may allow the owner, lienholder or mortgagee of the
building or structure more than 30 days to repair, remove, or demolish
the building or structure if the following conditions are satisfied:
(A)
The city council establishes a specific time schedule for the commencement
and performance of the work; and
(B)
Requires the owner, lienholder or mortgagee of the building or structure
to secure the property in a reasonable manner from unauthorized entry
while the work is being performed in a manner approved by the mayor
or code enforcement officer.
(3)
Additional conditions for allowing more than 90 days.
The city council may not allow the owner, lienholder or mortgagee
of the building or structure more than 90 days to repair, remove,
or demolish the building or structure unless the owner, lienholder
or mortgagee:
(A)
Submits a detailed plan and time schedule for the work at the hearing;
(B)
Establishes at the hearing that the work cannot reasonably be completed
within 90 days because of the scope and complexity of the work; and
(C)
Is required to by the city council’s order to regularly submit
progress reports to the city code enforcement officer or other duly
appointed official to demonstrate compliance with the time schedules
established for commencement and performance of the work.
(4)
Bond as additional condition in certain circumstances.
If the city council allows the owner, lienholder or mortgagee of
a building or structure more than 90 days to complete the required
repairs, removal or demolition of a building or structure and if the
owner, lienholder, or mortgagee owns property, including structures
or improvements on property, within the boundaries of the city that
exceeds $100,000.00 in total value, the city may 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 or structure under this article. In lieu of a bond, the
city may require the owner, lienholder, or mortgagee to provide a
letter of credit from a financial institution or a guaranty from a
third party approved by the city. The bond must be posted, or the
letter of credit or third party guaranty provided, not later than
the 30th day after the date the city issues the order.
(Ordinance 03272018-2, sec. VIII,
adopted 3/27/18; Ordinance adopting
2023 Code)
Notice of the city council’s order shall be given as follows:
(1)
It
shall be promptly mailed to the owner and any lienholder or mortgagee
of the building or structure by certified mail with return receipt
requested, delivered by the United States Postal Service using signature
confirmation service or by personal delivery to the owner, lienholder
or mortgagee of the building or structure.
(2)
A
copy of the order shall be filed with the city secretary within 10
days after the date the order is issued.
(3)
A
notice shall be published in a newspaper of general circulation in
the city within 10 days after the date the order is issued. The published
notice shall state the street address or legal description of the
property, the date of the public hearing, a brief statement of the
results of the order and instructions on where a complete copy of
the order may be obtained.
(Ordinance 03272018-2, sec. IX,
adopted 3/27/18)
(a)
Authority.
If the building or structure is not vacated,
secured, repaired, removed, or demolished, or the occupants are not
relocated, within the allotted time in the city council’s order,
the city may vacate, secure, remove, or demolish the building or relocate
the occupants at its own expense.
(b)
Repairing of certain buildings.
If the building is a
residential building with 10 or fewer dwelling units and is not repaired
within the allotted time in the city council’s order, the city
may repair the building and assess the expenses on the land on which
the building or structure stands or to which it is attached. The city
may repair the building only to the extent necessary to bring it into
compliance with the minimum standards set forth in this article. The
repairs may not improve the building to the extent that the building
exceeds those minimum housing standards.
(c)
Civil penalty.
If the building or structure is not vacated,
secured, repaired, removed, or demolished, or the occupants are not
relocated within the allotted time in the city council’s order,
the city may assess a civil penalty against the property owner for
failure to repair, remove, or demolish the building or structure and
provide for that assessment, the mode and manner of giving notice,
and the means of recovering the assessment. The civil penalty shall
only be imposed if the owner does not complete the action required
by the city council’s order within the time period specified
in such order. Any civil penalty shall be specified in the city council’s
order but shall not exceed $1,000.00 a day for each violation or,
if the owner shows that the property is the owner’s lawful homestead,
in an amount not to exceed $10.00 a day for each violation, if the
city council finds:
(Ordinance 03272018-2, sec. X, adopted 3/27/18)
(a)
Authority.
The city may impose a lien against the land
on which a building or structure stands or stood, unless it is a homestead
as protected by the Texas Constitution, to secure the payment of any
repair, removal, or demolition expenses incurred by the city or any
civil penalty assessed by the city. The lien is extinguished if the
property owner or another person having an interest in the legal title
to the property reimburses the municipality for the expenses.
(b)
Contents of lien notice.
The lien notice must contain
the name and address of the owner if that information can be determined
with a reasonable effort, a legal description of the real property
on which the building or structure was located, the amount of expenses
incurred by the city, and the balance due.
(c)
Lien attachment and priority.
The lien arises and attaches
to the property at the time the notice of the lien is recorded and
indexed in the office of the county clerk. The lien is a privileged
lien subordinate only to tax liens, but shall be inferior to any previously
recorded bona fide mortgage lien attached to the real property if
the mortgage lien was filed for record in the office of the county
clerk before the date the civil penalty is assessed or the repair,
removal, or demolition is begun by the municipality. The city’s
lien is superior to all other previously recorded judgment liens.
(d)
Interest.
Any civil penalty or other assessment imposed
shall accrue interest at the rate of ten percent (10%) a year from
the date of the assessment until paid in full.
(Ordinance 03272018-2, sec. XI,
adopted 3/27/18)
(a)
Authority to secure.
The city may secure a substandard
building or structure, an unsecured building or structure or a dangerous
building or structure, as defined herein, and the building or structure
is unoccupied or is occupied only by persons who do not have a right
of possession to the building or structure.
(b)
Notice to owner.
Before the 11th day after the date
the building or structure is secured, the city will give notice to
the owner 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 post office address;
(3)
Publishing the notice at least twice within a 10-day period in a
newspaper of general circulation in the county 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 or structure
if personal service cannot be obtained and the owner’s post
office address is unknown.
(c)
Contents of notice.
The notice will contain:
(1)
An identification, which is not required to be a legal description,
of the building or structure and the property on which it is located;
(2)
A description of the violations of the city standards that are present
at the building or structure;
(3)
A statement that the city will secure or has secured, as the case
may be, the building or structure; and
(4)
An explanation of the owner’s right to request a hearing before
the city council about any matter relating to the municipality’s
securing of the building or structure.
(d)
Hearing.
The city will conduct a hearing at which the
owner may testify or present witnesses or written information about
any matter relating to the city’s securing of the building or
structure if, within 30 days after the date the city secures the building
or structure, the owner files with the city secretary a written request
for the hearing. The city shall conduct the hearing within 20 days
after the date the request is filed.
(e)
Assessment of expenses as lien.
The city shall have the same authority to assess expenses under this section as it has to assess expenses under section 4.04.011 of this article. A lien is created under this section in the same manner that a lien is created under section 4.04.011 of this article and is subject to the same conditions as a lien created under that section.
(f)
Authority to secure is cumulative.
The authority granted
to the city by this section is in addition to the city’s authority
to require remediation by the owner, lienholder or mortgagee pursuant
to other provisions of this article or its authority to impose civil
penalties or criminal sanctions.
(Ordinance 03272018-2, sec. XII,
adopted 3/27/18)
In addition to the remedies which the city has pursuant to other
provisions of this article, the city may bring a civil action pursuant
to subchapter B of chapter 54 of the Texas Local Government Code with
respect to violations of this article. In any such civil action the
city may ask for injunctive relief, the assessment of a civil penalty,
an order compelling the repair or demolition of a building or structure,
the recovery of its costs in enforcing the provisions of this article
and, in bringing any such civil action, and any other relief that
it may be entitled to request under applicable law.
(Ordinance 03272018-2, sec. XIII,
adopted 3/27/18)
