As used in this article, the following terms shall have the
meanings given below:
means any change, addition, or modification in construction;
or any change in the structural members of a building, such as walls
or partitions, columns, beams, or girders; and may be referred to
as “altered” or “reconstructed.”
means having the approval of the building inspector as the
result of an investigation and tests that the officer conducted or
by reason of accepted principles or tests by national authorities,
technical, or scientific organizations; or having the approval of
the appropriate enforcement official of the city as being represented
by the applicant in compliance with the standards and requirements
of this code or ordinance of the city that applies specifically to
the item in question; or other customary approvals reserved to the
city by state law or city ordinance.
means the city council.
means any structure, either temporary or permanent, having
a roof or other covering, that is designed or used for the shelter
or enclosure of any person, animal, or property of any kind, including
tents, awnings, or vehicles situated on private property and used
for purposes of a building.
refers to the building official, or the building inspector
designated to issue permits and inspect buildings or construction
including permits and inspections related to the enforcement of this
chapter.
The city may utilize all codes adopted under this chapter
for the purpose of establishing rules and regulations governing the
repair and removal of dangerous buildings in the city, effective immediately.
means the official who is charged with the administration
and enforcement of this code, or any duly authorized representative.
means any building or structure that is used or designed
to be used, in whole or in part, for retail or wholesale business,
industrial, manufacturing, storage, religious, educational, amusement,
entertainment, health, professional, scientific, office, or other
business purposes. “Commercial buildings” are a type of
nonresidential building.
means any clearing of land, excavation, or other action
that would adversely affect the natural environment of the site. This
definition does not include uses in securing survey or geological
data such as necessary borings to ascertain subsurface conditions.
mean any structure or building located within the incorporated
limits of the city that fails to comply with the general requirements
for exterior structures, interior structures, or component serviceability
as established by the currently adopted edition of the code.
means the entirety or any portion of any building that is
not an “apartment house,” or “lodging house,”
and that contains one or more “dwelling units” or “guest
rooms” that are used, intended, or designed to be built, used,
rented, leased, let, or hired out to be occupied, or which are occupied
for living purposes.
means a single unit providing complete, independent living
facilities for one or more persons including permanent provisions
for living, sleeping, eating, cooking, and sanitation.
means built, constructed, altered, reconstructed, poured,
laid, moved upon, excavated, site cleared, land filled, or any physical
operations on the premises that are required for construction.
means those standards found in the city’s adopted standard
building, electrical, plumbing, gas, mechanical, building and fire
prevention codes and any other housing and structure regulations adopted
under chapter 214 of the Texas Local Government Code.
means any person who rents, leases, or appears to reside,
rent, or lease a building, structure, or property through custody
of the premises or who has the legal right to possession of such premises.
means any person who holds any interest in the legal title
of a building, structure, or property or who has the legal right of
possession thereof.
means a written document or certification issued by the building
official permitting the specific construction, alteration, or extension
requiring a permit under the provisions of this chapter, the technical
codes and regulations stated herein.
shall mean and include an individual human, partnership,
co-partnership, firm, company, limited liability partnership or other
partnership or other such company, joint venture, joint stock company,
trust, estate, governmental entity, association or corporation or
any other legal entity, or their legal representatives, agents or
assigns. The masculine gender shall include the feminine, and the
singular shall include the plural where indicated by the context.
means the reconstruction, renovation, or renewal of any part
of an existing building for the purpose of its maintenance. This term
shall not apply to any change or construction, alteration, or additions
to a building other than for the purpose of reconstruction, renovation,
or renewal.
means the owner or occupant, including the person in custody
of the building, property or structure and any mortgagee or lienholder.
is a mandatory term.
Any structure or building located within the incorporated
limits of the city which has any of the following defects shall be
deemed a substandard or unsafe building or structure and constitute
a hazard to health, safety, and welfare of the citizens:
In such a state or condition of repair or disrepair that all
or any of the following conditions exist:
Walls or other vertical structural members list, lean, or buckle;
Damage or deterioration exists to the extent that the building
is unsafe;
Loads on floors or roofs are improperly distributed or the floors
or roofs are of insufficient strength to be reasonably safe for the
purposes used;
Damage by fire, wind, or other cause has rendered the building
or structure dangerous to life, safety, morals, or the general health
and welfare of the occupants or the people of the city;
The building or structure is so dilapidated, substandard, decayed,
unsafe, unsanitary or otherwise lacking in the amenities essential
to decent living or use that the same is unfit for human habitation
or occupancy, or is likely to cause sickness, disease or injury or
otherwise to constitute a detriment to the health, morals, safety
or general welfare of those persons assembled, working or living therein
or is a hazard to the public health, safety and welfare;
Light, air, and sanitation facilities are inadequate to protect
the health, morals, safety, or general welfare of persons who assemble,
work, or live therein;
Stairways, fire escapes, and other facilities of egress in case
of fire or panic are inadequate;
Parts or appendages of the building or structure are so attached
that they are likely to fall and injure persons or property; or
The building or structure does not meet the minimum housing
standards as set forth herein;
Dilapidated, substandard, or unfit for human habitation and
a hazard to the public health, safety, and welfare of the city’s
residents;
Regardless of its structural condition, the building 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; or
Boarded up, fenced, or otherwise secured in any manner if:
The building constitutes a danger to the public even though
secured from entry; or
The means used to secure the building are inadequate to prevent
unauthorized entry or use of the building to the extent 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.
(Ordinance 2022-05.25-02, sec. 3.02.291,
adopted 5/25/2022)
(a)
A
building or structure deemed to be a dangerous building, an unsafe
structure, and/or an unfit dwelling under the terms of this chapter
is hereby declared to be a public nuisance and is unlawful.
(b)
It
shall be the responsibility of the owner(s) or occupants of any unsafe
building, unfit dwelling or dangerous building to abate public nuisances
associated with said building by means of repair, rehabilitation,
demolition, or removal in accordance with the procedures provided
in this chapter.
(Ordinance 2022-05.25-02, sec. 3.02.292,
adopted 5/25/2022)
(a)
Duties.
The building official shall report to the building
official of the city and is authorized to inspect, or cause to be
inspected, every building, or portion thereof, reported to be unsafe.
If such building, or any portion thereof, is determined to be unsafe,
the building official shall give the responsible parties notice in
accordance with the requirements set forth in this article. The building
official shall further:
(1)
Inspect or cause to be inspected, when necessary, any building or
structure within the incorporated limits of the city, including public
buildings, schools, halls, churches, theaters, hotels, tenements,
or apartments, multifamily residences, single-family residences, garages,
warehouses, and other commercial and industrial structures of any
nature whatsoever for the purpose of determining whether any conditions
exist which render such places a “dangerous building”
as defined herein.
(2)
Inspect any building, wall or structure about which complaints have
been filed by any person to the effect that a building, wall or structure
is or may be existing in violation of this article.
(3)
Report to the board of appeals any noncompliance with the minimum
standards set forth in this article. The code official shall obtain
from the secretary of the board of appeals a hearing date for a public
hearing by the board of appeals on any building or structure believed
to be a dangerous building and shall provide the secretary of the
board of appeals with copies of the written notice to persons with
interests in the property.
(4)
Appear at all hearings conducted by the board of appeals and testify
as to the conditions of dangerous buildings within the city.
(5)
Place a notice on any dangerous building found to be out of compliance.
(6)
Make an effort to identify each owner, mortgagee or lienholder, and
their respective addresses, by searching the following: the real property
records of the county, the tax appraisal district records, the records
of the secretary of state, the assumed name records of the county,
the tax records of the city, and the utility records of the city.
(7)
Perform the other requirements with respect to notification of public
hearings as are set forth more specifically in this article.
(b)
Liability.
Any officer or employee or member of the
building and standards commission or city council charged with the
enforcement of this article, acting for the applicable governing body
in the discharge of duties, shall not thereby render himself or herself
liable personally, and he/she is hereby relieved from all personal
liability for any damage that may accrue to persons or property as
a result of any act required or permitted in the discharge of duties.
Any suit brought against any officer or employee because of such act
performed in the enforcement of any provision of this article shall
be defended by the legal department of the applicable governing body
until the final termination of the proceedings.
(Ordinance 2022-05.25-02, sec. 3.02.293,
adopted 5/25/2022)
(a)
Notice requirements.
Should the building official determine
that any building or structure within the incorporated limits of the
city is a dangerous building, unsafe building, or unfit dwelling,
the official shall cause written notification to be sent, by certified
mail, to each owner, mortgagee, and lienholder identified through
an effort to discover such owner, mortgagee, and lienholder. Such
notice shall:
(1)
Contain a description of the building or structure deemed unsafe
and its location;
(2)
Contain a statement of the specific conditions which make the building
or structure a dangerous building, unsafe structure, or unfit dwelling;
(3)
Contain a statement that it shall be illegal to occupy or utilize
said building for any purpose until such time as the premises have
been brought into compliance;
(4)
Include notice of the date and time of a public hearing before the
board of appeals to determine whether the building complies with the
standards set out in this article;
(5)
Include a statement that the owner, lienholder, mortgagee, or persons
with a legal interest in the building 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 amount of time it will take to
reasonably perform the work; and
(6)
Be served upon the responsible parties as set out in this article.
(b)
Sufficiency of notice.
Notwithstanding any other term
or provision of this article or the code, notice given pursuant to
this article shall be sufficient and deemed properly served upon the
responsible parties if a copy thereof is:
(1)
Served upon him/her personally;
(2)
Sent by registered or certified mail, return receipt requested, to
the last known address of such person as shown on the records of the
city and the tax appraisal district;
(3)
Published at least twice within a 10-day period in a newspaper of
general circulation in the county in which the building is located
if personal service cannot be obtained and the owner’s post
office address is unknown; or
(4)
Posted on or near the front door of the building if personal service
cannot be obtained and the owner’s post office address is unknown.
(c)
Compliance with notice.
The parties responsible for
the dangerous building shall have thirty (30) days from the date of
service of the notice to bring the dangerous building, unsafe structure,
or unfit dwelling into compliance with the provisions of this article.
(d)
Refused or unclaimed mail.
All mailed notices shall
be deemed sufficient and delivered if returned “refused”
or “unclaimed.”
(e)
Search of records.
Notices sent pursuant to this article
shall be sent to the address of the owner, lienholder, mortgagee,
or persons with legal interests in the building as determined by a
reasonable search of records to include:
(1)
County real property records;
(2)
Appraisal district records;
(3)
Records of the secretary of state, if the property owner or lienholder
is a corporation, partnership, or other business association;
(4)
Assumed name records;
(5)
Tax records, and utility records of the city;
(6)
Utility records of the city.
(Ordinance 2022-05.25-02, sec. 3.02.294,
adopted 5/25/2022)
The board of appeals shall:
(1)
Hearing.
Schedule and hold a public hearing and hear
testimony from the building official, the owner and other persons
having an interest in the dangerous building, and any person desiring
to present factual evidence relevant to the unsafe building. Such
testimony shall relate to the determination of the question of whether
the building or structure in question is a dangerous building and
the scope of any work that may be required to comply with this article
and the amount of time it will take to reasonably perform the work.
The owner or a person having an interest in the dangerous building
shall have 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.
(2)
Determination and issuance of order.
Upon conclusion
of the hearing, the board of appeals shall determine by majority vote
whether the building or structure in question is a dangerous or unsafe
building. Upon a determination that the building or structure in question
constitutes a dangerous or unsafe building, the board of appeals shall
issue an order:
(A)
Containing an identification of the building and the property on
which it is located;
(B)
Making written findings of the violations of the minimum standards
that are present at the building;
(C)
Requiring the owner and persons having an interest in the building
to repair, vacate, or demolish the building within 30 days from the
issuance of such order, unless the owner or a person with an interest
in the building establishes at the hearing that the work cannot reasonably
be performed within 30 days, in which instance the board of appeals
shall specify a reasonable time for the completion of the work; and
(D)
Containing a statement that the city will vacate, secure, remove
or demolish the dangerous building or relocate the occupants of the
building if the ordered action is not taken within the time specified
by the board of appeals.
(3)
Delivery of order.
The building official or city secretary
shall deliver a copy of said order by hand delivery or certified mail
to the owner and all persons having an interest in the property, as
such persons appear in the official records described herein, including
all identifiable mortgagees and lienholders, as soon as is practicable
after the hearing, which order shall include an identification and
address of the building and the property on which it is located; a
description of the violations of this article that are found to be
present at the building; and a statement that the municipality will
vacate, secure, remove, repair, or demolish the building or relocate
the occupants of the building if the ordered action is not taken within
a reasonable time.
(4)
Work requiring more than 30 days.
If the board of appeals
allows the owner or a person with an interest in the dangerous building
more than 30 days to repair, remove, or demolish the building, the
board of appeals in its written order shall establish specific time
schedules for the commencement and performance of the work and shall
require the owner or person to secure the property in a reasonable
manner from unauthorized entry while the work is being performed.
The securing of the property shall be in a manner found to be acceptable
by the building official.
(5)
Work requiring more than 90 days.
The board of appeals
shall not allow the owner or person with an interest in the dangerous
building more than 90 days to repair, remove, or demolish the building
or fully perform all work required to comply with the written order
unless the owner or person:
(6)
Bond.
If the value of a property subject to a board
of appeals order exceeds $100,000.00, the board, at its election,
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. In lieu of a bond, the board
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. If required by the board, 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 board of appeals issues
its order.
(7)
Progress reports.
If the board of appeals allows the
owner or person with an interest in the dangerous building more than
90 days to complete any part of the work required to repair, remove,
or demolish the building, the board of appeals shall require the owner
or person to regularly submit progress reports to board of appeals
to demonstrate that the owner or person has complied with the time
schedules established for commencement and performance of the work.
The written order may require that the owner or person with an interest
in the building appear before the city code official to demonstrate
compliance with the time schedules.
(8)
Finality of order.
In the event the owner fails to appeal
an order issued by the board of appeals under this article within
30 days of the date said order was personally delivered to them, mailed
to them by first class mail with certified return receipt requested,
or delivered to them by the United States Postal Service using signature
confirmation service, the order shall become final and unappealable.
In the event an owner fails to comply with the order within the time
frame specified therein, following the expiration of 30 days from
the date the order was personally delivered to them, mailed to them
by first class mail with certified return receipt requested, or delivered
to them by the United States Postal Service using signature confirmation
service, the city will be authorized to take action to abate the public
nuisance and affix a lien against the property.
(9)
Order to relocate occupants.
After the public hearing,
if a building is found in violation of the minimum requirements of
this article, the board of appeals may order that the occupants be
relocated within a reasonable time.
(10)
Additional remedies.
In addition to the authority granted
to the board of appeals under this chapter, the city may also pursue
any and all other remedies provided by state law including filing
suit in the appropriate court of competent jurisdiction to enforce
this article.
(11)
Action by city.
If the building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated, within the allotted time, the city may vacate, secure, remove, repair or demolish the building or relocate the occupants at its own expense after the timeframe for appealing the board’s order pursuant to subsection (8) has expired.
(12)
Lien for city’s expenses.
If the city incurs expenses
as result of enforcing the provisions of this article, said expenses
may be assessed against the property and the city has a lien against
the property, unless it is a homestead as protected by the Texas Constitution.
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. The lien arises and attaches to the property at
the time of the notice of the lien is recorded and indexed in the
office of the county clerk. The notice must contain in the name and
address of the owner if that information can be determined by a 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. A lien filed in accordance with the terms of this article
is a privileged lien subordinate only to tax liens and all previously
recorded bona fide mortgage liens attached to the real property to
which the city’s lien attaches. Any civil penalty or other assessment
imposed under this section accrues interest at the rate of 10 percent
a year from the date of the assessment until paid in full.
(13)
Notice of order.
(A)
If repair or demolition is ordered, the board of appeals shall send
a copy of the order by certified mail to the owner and all persons
having an interest in the property, including all identifiable mortgagees
and lienholders, within ten days after the hearing. Within ten days
after the date that the order is issued, the city shall:
(B)
If repair or demolition is ordered and notice of public hearing was
not filed in the official public records of real property of the county,
the city may file and record a copy of the order in such records of
the county.
(14)
Securing of property.
If the board of appeals allows
the owner or a person with an interest in the dangerous building more
than 30 days to repair, remove, or demolish the building, the board
of appeals in its written order shall establish specific time schedules
for the commencement and performance of the work and shall require
the owner or person to secure the property in a reasonable manner
from unauthorized entry while the work is being performed. The securing
of the property shall be in a manner found to be acceptable by the
city building inspector.
(Ordinance 2022-05.25-02, sec. 3.02.295,
adopted 5/25/2022)
(a)
If
the board of appeals has held a hearing in accordance with the terms
of this article, and the time allotted for the repair, removal or
demolition of a building has expired, then the board of appeals may,
in addition to the authority granted under V.T.C.A., Local Government
Code chapter 214 and this article:
(b)
The
city, at its election, may use city resources or contract with appropriate
service providers to demolish a building that is subject to a board
of appeals demolition order. Should the city choose to retain an outside
demolition contractor, the building official shall invite at least
two or more building contractors to make estimates pertaining to the
needed repair, removal, or demolition of a building. The building
official shall cause to be made an assessment of expenses or civil
penalty based on such estimates. The code official shall endeavor
to minimize the expenses of any building repairs, removal or demolition
order pursuant to this section.
(c)
The
city may repair a building subject to a board of appeals order only
to the extent necessary to bring the building into compliance with
the general requirements of the code and only if the building is a
residential building with ten or fewer dwelling units. The repairs
may not improve the building to the extent that the building exceeds
minimum standards prescribed by the code.
(d)
The
city’s lien to secure the payment of a civil penalty or the
costs of repairs, removal, or demolition is inferior to any previously
recorded bona fide mortgage lien attached to the real property to
which the city’s lien attaches 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 city. The city’s lien is superior to all other previously
recorded judgment liens.
(e)
Any
civil penalty or other assessment imposed under this section accrues
interest at the rate of ten percent a year from the date of assessment
until paid in full.
(f)
A
lien acquired under this section by the city for repair expenses may
not be foreclosed if the property on which the repairs were made is
occupied as a residential homestead by a person 65 years of age or
older.
(Ordinance 2022-05.25-02, sec. 3.02.296,
adopted 5/25/2022)
(a)
The
owner of any unsafe building or dangerous building who shall fail
to comply with any notice or order to repair, vacate or demolish said
building or structure, such notice or order given by the authority
of the board of appeals, or the city council, shall be guilty of a
misdemeanor.
(b)
An
occupant or lessee in possession of any unsafe building or dangerous
building who fails to comply with any notice or order to vacate such
building and fails to repair such building in accordance with an order
given by the board of appeals shall be guilty of a misdemeanor.
(c)
Any
person removing the notice of a dangerous building as provided for
by this article shall be guilty of a misdemeanor.
(d)
The
violation of any provision of this article shall be unlawful and a
misdemeanor offense punishable by a fine not exceeding $500.00. Each
day a violation of this article continues shall constitute a separate
offense.
(e)
In
any prosecution charging a violation of this article governing the
failure to comply with any notice or order to repair, vacate, remove,
or demolish any building or structure, proof that the particular property
described in the complaint was substandard in violation of this article,
together with proof that the defendant named in the complaint was,
at the time of such notice or order, the registered owner of such
property, shall constitute in evidence a prima facie presumption that
the registered owner of such property was the person who failed to
comply with the notice or order to repair, vacate, remove, or demolish,
and for the time during which, such violation occurred.
(Ordinance 2022-05.25-02, sec. 3.02.297,
adopted 5/25/2022)
Chapter 214 of the Texas Local Government Code is hereby adopted
by the city and made a part of this article. In the event of any conflict
or inconsistency between the terms and provisions of this article
and chapter 214, the terms and provisions of chapter 214 shall govern
and control.
(Ordinance 2022-05.25-02, sec. 3.02.298,
adopted 5/25/2022)
