(a) 
To meet the minimum standards for continued use and occupancy required by this article, a building or structure located within the corporate limits of the city must be eligible for the issuance of a certificate of occupancy pursuant to the provisions of the city building code and the city residential code (section R110 of the International Residential Code), which codes are hereby adopted for the purpose of establishing such minimum standards.
(b) 
Provided further, it is hereby declared that any building or structure found to be unlawful pursuant to the provisions of section 4.03.003 or 4.03.004 of this article shall not be eligible for issuance of a certificate of occupancy, and does not comply with the minimum standards for continued use and occupancy required by this article so long as such unlawful condition remains unabated by action to secure, repair, remove, or demolish the affected structure.
(Ordinance 1022, sec. 2, adopted 4/17/12)
(a) 
It shall be unlawful for any person, business or corporation to maintain within the corporate limits of the city an unsecured building or structure that has remained unused or unoccupied by its owners, lessees, or other invitees for over 60 days, where such unsecured condition is to such an extent that unauthorized entry could be made by vagrants or other uninvited persons for use as a place of harborage, or to such extent that said structure could be entered or used by children.
(b) 
It shall be unlawful for any person, business or corporation to maintain within the corporate limits of the city for over 60 days, a building or structure that has remained unused or unoccupied by its owners, lessees, or other invitees for over 60 days, and is boarded up, fenced, or otherwise secured in any manner, if in its present condition such building or structure constitutes to be a danger to the public, even though secured from entry.
(Ordinance 1022, sec. 3, adopted 4/17/12)
(a) 
It shall be unlawful for any person, business or corporation to maintain within the corporate limits of the city a building or structure that in its present condition is so dilapidated and substandard that it is unfit for human habitation.
(b) 
It shall be unlawful for any person, business or corporation to maintain within the corporate limits of the city a building or structure that in its present condition is so dilapidated and substandard that it is a hazard to public health safety and welfare.
(c) 
Any building or structure found to be so dilapidated and substandard that it is unfit for human habitation or so dilapidated and substandard that it is a hazard to public health, safety and welfare is hereby declared to be a “substandard building or structure” not meeting the minimum standards for continued use or occupancy required by this article.
(Ordinance 1022, sec. 4, adopted 4/17/12)
Pursuant to subchapter A of chapter 214 of the Texas Local Government Code, and after notice and hearings required by this article, any “substandard building or structure” found to be unlawful pursuant to provisions set out in sections 4.03.004 and 4.03.005 [4.03.003 and 4.03.004] above may be ordered by the city council to be secured, repaired, removed or demolished, if the building or structure is in its present condition is found by the city council to be:
(1) 
So dilapidated and substandard that said structure in its present condition is unfit for human habitation;
(2) 
So dilapidated and substandard that in its present condition said structure presents a hazard to the public health, safety, and welfare;
(3) 
Being in its present condition unoccupied by its owners, lessees, or other invitees, said structure 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;
(4) 
Even if boarded up, fenced, or otherwise secured in any manner the building constitutes a danger to the public even though secured from entry; or
(5) 
The means used to secure the structure are inadequate to prevent unauthorized entry or use of the building by vagrants or other uninvited persons as a place of harborage, or could be entered or used by children.
(Ordinance 1022, sec. 5, adopted 4/17/12)
(a) 
The city council is hereby designated as the governmental body to hold hearings to determine whether a building or structure complies with the standards set out in this article, and to issue any orders based on its findings required by this article. The hearing will be held on a date separate and apart from the council’s regular meetings. The city council hereby designates the city attorney as the appropriate city official to investigate and present to the city council all cases arising out of this article. Unless a different address for the owner of an affected property has been otherwise identified, any notice to the owner and persons in charge of the property shall be to the address shown for the property owner on the records of the tax appraisal district, and shall be the address used to provide notice of hearings to the owner required by this article and the address for delivery of orders and other matters required by this article.
(b) 
If any mortgagee or lienholder is identified before conducting the public hearing such lienholder may be sent notice of the hearing and provided an opportunity to comment at the hearing. If the mortgagee or other lienholder is not initially identified the alternate procedure set out below may be used to provide notice.
(c) 
Also, a notice of the hearing may be filed in the official public records of real property in the county in which the property is located. Such notice shall contain the name and address of the owner of the affected property if that information can be determined, a legal description of the affected property, and a description of the hearing. The filing of the notice is binding on any subsequent grantee, lienholder or other transferees of an interest in the property who acquire such interest after the filing of the notice and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice.
(Ordinance 1022, sec. 6, adopted 4/17/12)
(a) 
If, after the public hearing, the building or structure is found in violation of the standards set out in this article, the city council may order that the building or structure be secured, repaired, removed, or demolished by the owner within the “allotted time” specified in the order, and if any mortgagee or lienholder has been identified an additional “allotted time” for the ordered action to be taken by such mortgagee or lienholder in the event the owner fails to comply with the order within the “allotted time” provided for action by the owner.
(b) 
In the event the owner fails to timely take the ordered action, the only notice required to be furnished to an identified mortgagee or lienholder is a copy of the city council’s order.
(Ordinance 1022, sec. 7, adopted 4/17/12)
After being duly signed, the order of the city council shall, within a reasonable time, be “issued” by either the city officer designated to present cases to the city council or the city secretary. Issuance of the order shall be perfected by sending a copy of the council’s order to the owner at the owner’s last known address by certified mail return receipt requested. The date of this issuance shall be printed below the mayor’s signature line on the order. Such date of issuance shall be the first day of the “allotted time” for compliance. If the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice shall not be affected, and the notice shall be considered delivered. Within 10 days after the date that the order is issued a copy of the order shall be filed in the office of the city secretary and a notice shall be published in the official newspaper of the city containing the street address or legal description of the property, the date of the hearing, a brief statement indicating the results of the order and instructions stating where a complete copy of the order may be obtained.
(Ordinance 1022, sec. 8, adopted 4/17/12)
(a) 
Any order issued by the city council requiring that a building be secured from unauthorized entry or repaired, removed or demolished, or both, shall require compliance within 30 days (the “allotted time”) and shall be the council’s final order unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days. If the owner (or mortgagee or lienholder if identified) does not request additional “allotted time” or take the ordered action within the “allotted time,” the city may at its own expense secure, remove, or demolish the building, and clear the property of all rubbish, trash, and materials from the demolished building, including concrete slabs, walks, and drives; and may assess the expenses on and the city shall have a lien against the property on which the building is located, except if said property is a homestead as protected by the state constitution. The lien shall be extinguished if the property owner or another person having an interest in the legal title to the property reimburses the city for the expenses.
(b) 
As additional notice to any unidentified person, mortgagee, or lienholder claiming an interest in said property a copy of the order shall be filed with the city secretary within 10 days after its issuance and the city shall publish in the official newspaper of the city a notice containing the street address or legal description of the property, the date of the hearing, a brief statement indicating the results of the order, and where a complete copy of the order may be obtained.
(c) 
Pursuant to the adopted code, an order of the council should not allow the owner, lienholder, or mortgagee more than 90 days to repair, remove, or demolish the building or fully perform all work required to comply with the order unless the owner, lienholder, or mortgagee submits a detailed plan and time schedules for the work at the hearing and establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work. At the public hearing the owner, lienholder, or mortgagee has the burden of proof to demonstrate the scope of any work that may be required and the time it will take to reasonably perform the work.
(Ordinance 1022, sec. 9, adopted 4/17/12)
If the building is not secured, repaired, removed or demolished, as required by the order, the city may secure, remove or demolish the building or structure at its own expense. If the city incurs expenses in doing or causing such work to be done the city may assess the expenses on, and the city shall have a lien against, the property on which the building or structure was located, unless it is a homestead as protected by the state constitution. The lien is extinguished if the property owner or other person having an interest in the legal title to the property reimburses the city for the expenses. The lien arises and attaches to the property at the time the notice of lien is recorded and indexed in the office of the county clerk in the county in which the property is located. The notice must contain the name and address of the owner if that information can be determined with reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the city and the balance due. If the notice is given and the opportunity to repair, remove, or demolish the building or structure is afforded to each mortgagee or lienholder as authorized by subsection (d), (e) or (g) of section 214.001 of the Texas Local Government Code, the lien is a privileged lien subordinate only to tax liens.
(Ordinance 1022, sec. 10, adopted 4/17/12)
The city should (as required by section 214.001 of the Texas Local Government Code) make a diligent effort to determine the identity and addresses of the owner, a mortgagee or lienholder by searching the following records:
(1) 
The county real property records of the county in which the building or structure is located;
(2) 
The appraisal district records of the appraisal district where the property is located;
(3) 
The records of the secretary of state;
(4) 
The assumed name records of the county in which the building is located;
(5) 
The tax records of the municipality; and
(6) 
The utility records of the municipality.
(Ordinance 1022, sec. 11, adopted 4/17/12)
When a notice is mailed as required by law to a property owner, lienholder or mortgagee and the United States Postal Service returns the notice as “refused” or “unclaimed,” the notice is considered delivered.
(Ordinance 1022, sec. 12, adopted 4/17/12)
As an alternative to the procedure set out above, and in an effort to work with an apparent owner after notice has been sent and return of the certified mail receipt has been received, the case may be presented to the city council prior to making an exhaustive record search for mortgagees and lienholders. Thereafter if the owner does not take the action ordered within the allotted time a diligent effort to discover each mortgagee and lienholder having an interest in the building or property shall be made, and if found additional notice by certified mail and additional time for compliance shall be provided such lienholder or mortgagee before the city takes action to secure, remove or demolish the building or structure at its cost. If such alternative procedure is used the notice to any mortgagee or lienholder shall contain the following:
(1) 
An identification, which is not required to be a legal description, of the building and the property on which it is located;
(2) 
A description of the violation of city standards that is present at the building; and
(3) 
A statement that the city will secure, remove, or demolish the building if the ordered action in not taken within a reasonable time.
(Ordinance 1022, sec. 13, adopted 4/17/12)
Judicial review may be had pursuant to the provisions of section 214.0012 of the Texas Local Government Code, and any owner, lienholder or mortgagee of record of property jointly or severally aggrieved by an order issued under this article may file in the district court a verified petition setting forth the matters set out in said section 214.0012 of the Texas Local Government Code to seek a writ of certiorari as therein provided. The petition must be filed by an owner, lienholder, or mortgagee within 30 calendar days after the respective dates a copy of the final decision of the city is personally delivered or mailed to them by first class mail, certified return receipt requested, or such decision shall be final as to each of them upon the expiration of such 30 calendar day period.
(Ordinance 1022, sec. 14, adopted 4/17/12)
Any person, firm or corporation violating any provision of this article shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code for each offense, and every day any offense is continued shall constitute a new and separate offense.
(Ordinance 1022, sec. 18, adopted 4/17/12; Ordinance adopting 2023 Code)