This article is adopted pursuant to V.T.C.A., Local Government Code chs. 54 and 214. The purpose of this article is as follows:
(1) 
To establish the minimum standards for the continued use and occupancy of all types of buildings and structures within the city regardless of the dates of construction, in order to safeguard the public health, safety and welfare and to protect property.
(2) 
To provide the authority to order and direct the method of securing property that is unoccupied by its owners, lessees or other invitees, and which is unsecured from unauthorized entry to the extent that such buildings or structures could be entered or used by vagrants or other uninvited persons or could be entered or used by children.
(3) 
To provide the authority to address, and direct the method of addressing, buildings and structures which, although boarded up, fenced or otherwise secured in any manner, exhibit conditions that may constitute a danger to the public even though secured from entry, or the means used to secure the building or structure are inadequate to prevent unauthorized entry or use of the building by vagrants or other uninvited persons or could be entered or used by children.
(4) 
To provide the authority for the city to require a building or structure, which endangers the public health and safety of the occupants of said building and structure and the general public, to be vacated, secured, repaired, removed and/or demolished by the owner and/or the occupants thereof to be relocated.
(Ordinance 09-538-10, § 2, adopted 1/8/2009)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Building
means any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.
Dangerous buildings or structures
means any building or structure, regardless of the date of its construction, having any of the following defects which shall be deemed to be substandard and/or unfit for human habitation and, as a result, a danger to the public health, safety and welfare and thus declared to be a dangerous building or structure:
(1) 
Any building or structure that has become so deteriorated or damaged such that its roof, walls, or flooring is not weathertight and waterproof;
(2) 
Any building or structure that is so structurally deteriorated or damaged that it is in danger of collapse or that cannot be expected to withstand reasonably anticipated weather conditions such as storms or hurricanes;
(3) 
Any building or structure with conditions within it that violate any provision of the city's building, electrical, plumbing, fire or other such codes, when such nonconformity constitutes a danger to the public health, safety and welfare;
(4) 
Any building or structure with unsafe or defective electrical wiring, devices or equipment, or unsafe or defective gas piping or appliances that are apt to cause or promote fires;
(5) 
Any building or structure that is dilapidated, decayed, unsafe, unsanitary or has substandard conditions or any condition that fails to provide amenities essential to decent living so that the premises are unfit for human habitation, or are likely to cause sickness or disease so as to cause injury to the public health, safety and welfare;
(6) 
Any building or structure, regardless of their structural condition, that have been, during times that they were not actually occupied by their owners, lessees or other legal invitees, left unsecured from unauthorized entry to the extent that they may be entered by vagrants or other uninvited persons as a place of harborage or could be entered by children;
(7) 
Any building or structure which is secured, though by inadequate means, to prevent unauthorized entry or use in the manner described in subsection (6) of this section;
(8) 
Any building or structure so constructed or maintained as to constitute a menace to the public health or safety, including:
a. 
All conditions conducive to the harboring of rats, snakes, mice, other disease carrying animals or insects reasonably capable of spreading disease;
b. 
Conditions constituting an attractive nuisance and creating a hazard to the health or safety of minors; or
c. 
Conditions hazardous to the safety of persons or property such as inadequate bracing, structural support, construction or the presence of deteriorated materials.
Structure
means anything constructed or erected that requires location on the ground or is attached to something having a location on the ground, including, but not limited to, signs, fences, walls, poles and buildings, whether of a temporary or permanent nature.
(Ordinance 09-538-10, § 3, adopted 1/8/2009)
Any building or structure which has any of the conditions or defects described in section 10-143, where such conditions pose a threat or potential threat to the health, safety or general welfare of its occupants or the public, may be declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or as otherwise determined by the city council.
(Ordinance 09-538-10, § 4, adopted 1/8/2009)
It shall be the duty of the city's building official or designee to inspect all buildings and structures reported to be, or believed to be in violation of any of the terms of this Code. Prior to scheduling a public hearing regarding the condition of a building or structure, the city's building official or designee shall present a written report of such inspection to the city council. Said report shall list each building or structure by street address and legal description, the names of all owners of record, the specific conditions or defects that render the building or structure dangerous pursuant to the standards set out in section 10-143, and a summary of any previous enforcement actions and attempts to bring the building or structure into compliance.
(Ordinance 09-538-10, § 5, adopted 1/8/2009)
(a) 
Upon consideration and acceptance of the report provided for in section 10-145, the city council may schedule and specify a date for a public hearing to hear testimony and receive evidence as to the condition of the building or structure. Based upon this action, the city's building official or designee shall give notice a public hearing before the city council by personal service or by certified mail, return receipt requested, to:
(1) 
The owners of the affected property;
(2) 
Each mortgagee or lienholder having an interest in the affected property; and
(3) 
All other persons, by posting a copy of such notice on the front door of each building or structure situated on the affected property or as close to the front door as practicable.
(b) 
The notice shall inform all persons that a public hearing will be held before the city council in which the building official or designee will seek an order requiring the building to be vacated, secured, repaired, removed and/or demolished upon a finding that the building or structure is dangerous. The notice shall include or state the following:
(1) 
A copy of the inspection report as provided for in section 10-145, which-shall list the specific conditions or defects that render the building or structure a dangerous building within the standards set out in section 10-143;
(2) 
That a public hearing will be held before the city council and that following such hearing the city council will consider and, if deemed appropriate, adopt an order providing that the building or structure be vacated, secured, repaired, removed and/or demolished as provided above;
(3) 
The date, time and place of the public hearing;
(4) 
That at such public hearing the owner, lienholder or mortgagee will be required to submit proof of the scope of all work that is required to bring such building or structure into compliance with this article, the length of time it will take to perform such work, as well as the start and ending date for the performance of such work.
(c) 
The building official or designee shall make a diligent effort to discover the identity of any owner, lienholder or mortgagee of a building or structure by searching the following records for such information:
(1) 
County real property records;
(2) 
County appraisal district records;
(3) 
Texas Secretary of State records;
(4) 
County assumed name records; and
(5) 
City tax records.
(Ordinance 09-538-10, § 6, adopted 1/8/2009)
At the public hearing before the city council to determine whether a building or structure has any of the conditions specified in section 10-143, which may result in a finding of a public nuisance and an abatement order, the owner, lienholder or mortgagee shall have the burden of proof to demonstrate the scope of any work that may be required to abate the nuisance, the time it will take to perform such work as well as the start and ending date for the performance of such work. The owner, lienholder or mortgagee are encouraged to submit written and/or photographic evidence as proof of the scope of any contemplated and necessary work.
(Ordinance 09-538-10, § 7, adopted 1/8/2009)
(a) 
The city council may, after proper notice and following a public hearing, declare a building or structure to be in violation of this Code where the condition of the building or structure has any of the conditions set out in section 10-143. The city council may specify in a written order signed by the city council:
(1) 
A reasonable time period for the building or structure to be vacated, secured, repaired, removed and/or demolished by the owner, lienholder or mortgagee and reasonable dates upon which such work must be initiated and completed; and
(2) 
A reasonable time for the owner, lienholder or mortgagee to relocate the occupants of such building or structure.
The order shall be deemed issued and effective on the date the city council hears and decides the case.
(b) 
After the public hearing and meeting of the city council, the city's building official or designee shall promptly mail by certified mail, return receipt requested, a copy of the order to the owner, and to any known lienholder or mortgagee of the affected building or structure. If the city council determines or makes a finding that the building or structure is a dangerous building or structure it shall order the owner, lienholder or mortgagees of the building or structure to, within 30 days:
(1) 
Secure the building or structure from unauthorized entry; and/or
(2) 
Repair, remove and/or demolish the building or structure, unless the owner, lienholder or mortgagee establishes at the public hearing that the work cannot reasonably be performed within 30 days.
(c) 
If the city council allows the owner, lienholder or mortgagee more than 30 days to repair, remove and/or demolish the building or structure, the city council shall establish specific time schedules for the commencement and completion of the work 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.
(d) 
The city council shall not allow the owner, lienholder or mortgagee more than 90 days to repair, remove and/or demolish the building or structure or fully perform all work required to fully comply with the order of the city council, unless the owner, lienholder or mortgagee:
(1) 
Submits a detailed plan in writing which includes a time schedule for the commencement and completion of such work; and
(2) 
Establishes at the public hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.
(e) 
If the city council allows the owner, lienholder or mortgagee more than 90 days to complete any part of the work required to repair, remove and/or demolish the building or structure, the city council shall require the owner, lienholder or mortgagee to submit regular progress reports to the city in writing to demonstrate that the owner, lienholder or mortgagee has complied with the time schedules established for commencement and completion of the work. The order may require that the owner, lienholder or mortgagee appear on specific dates before the city council or the city's building official, or designee, to demonstrate compliance with such time schedules.
(Ordinance 09-538-10, § 8, adopted 1/8/2009)
Within ten days after the date the order is issued, the city's building official or designee shall:
(1) 
File a copy of the order in the office of the city secretary;
(2) 
Publish, in a newspaper of general circulation within the city, a notice containing:
a. 
The street address and legal description of the property;
b. 
The date of the public hearing;
c. 
A brief statement indicating the results of the order;
d. 
Instructions stating where a complete copy of the order may be obtained; and
(3) 
File a copy of the published notice in the county real property records.
(Ordinance 09-538-10, § 9, adopted 1/8/2009)
(a) 
The city council, by order, may assess a civil penalty against the property owner for violations of the order requiring repair, vacation, demolition and/or removal of a building or structure. The civil penalty may not exceed $1,000.00 per 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 per day for each violation, if the city proves:
(1) 
The property owner was properly notified of the order as adopted by the city council, and the owner's need to comply with the requirements of such order; and
(2) 
After notification, the property owner committed an act in violation of the order or failed to take an action necessary for compliance with the order.
(b) 
An assessment of a civil penalty made by the city council is final and binding and constitutes prima facie evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the city for final judgment in accordance with the assessed penalty.
(c) 
To enforce a civil penalty assessed under this section, the city secretary shall file with the county district clerk a certified copy of the order issued under subsection (a) of this section stating the amount and duration of the civil penalty. No other proof shall be required for a district court to enter a final judgment on the penalty.
(d) 
Any civil penalty or expense assessed by the city under this section shall accrue interest at the rate of ten percent per year from the date of such assessment until paid in full. The city may take the appropriate action to create a lien against the subject property, within the limits of state homestead protections, to secure payment of the civil penalty.
(e) 
In any judicial proceeding regarding enforcement of the city's rights under this Code, the city may be entitled to recover reasonable attorney fees.
(Ordinance 09-538-10, § 10, adopted 1/8/2009)
If the owner of the building or structure made the subject of an order adopted by the city council to vacate, secure, repair, remove and/or demolish said building or structure does not comply with such order within the allotted time, the city may vacate, secure, remove or demolish the building or structure or relocate the occupants of said building or structure at the city's expense. If the city council authorizes the building to be secured, the city's building official shall post a notice on or near the front door of such building or structure.
(Ordinance 09-538-10, § 11, adopted 1/8/2009)
If the city incurs expenses under section 10-151, it may assess said expenses on, and the city shall have a lien against, the property upon which the building or structure is located unless such property is a homestead protected by the state constitution. The lien is extinguished if the property owner or any other person having an interest in the legal title to the property reimburses the city for its expenses. The lien arises and attaches to said property at the time the notice of the lien is recorded and indexed in the county real property records. The notice of the lien shall 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 upon which the building or structure is or was located; the amount of expenses incurred by the city; and the balance due.
(Ordinance 09-538-10, § 12, adopted 1/8/2009)
Any person who refuses or fails to repair, demolish and/or remove a building or structure when ordered to take such action under the terms of this Code, or who refuses or fails to leave a building that has been ordered vacated under the terms of this Code, or who enters an area around a building that has been declared to be dangerous and notice of which declarations shall have been posted, or who interferes with or hinders the repair, vacation, demolition and/or removal of any building or structure under the terms of this Code, or who otherwise violates any order of the city council as provided for in this Code, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to punishment of a fine as provided in section 1-13.
(Ordinance 09-538-10, § 13, adopted 1/8/2009)
Nothing in this section shall preclude the city's pursuit of any and all other remedies allowed under civil and criminal law or in equity, to address conditions which are treated in this section under the theory of public nuisance and the abatement of dangerous buildings or structures. Neither shall the city be required, nor prohibited, to issue criminal citations before, after or during any proceeding prescribed in this article. Specifically, in addition to the provisions in this section and remedies afforded under applicable provisions of the Texas Health and Safety Code and V.T.C.A., Local Government Code ch. 214, municipal regulation of structures, the city further asserts full authority to exercise its right to remedy under all provisions of the Texas Local Government Code including, but not limited to, chapter 54, subchapter B (V.T.C.A., Local Government Code § 54.012 et seq.), municipal health and safety ordinances, in prosecution of civil suits for enforcement, injunctive relief and civil penalties to remedy conditions of public concern described in this article.
(Ordinance 09-538-10, § 14, adopted 1/8/2009)
It shall be the duty of the city attorney to enforce the orders of the city council when authorized, by bringing an action in a court of competent jurisdiction.
(Ordinance 09-538-10, § 15, adopted 1/8/2009)