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
(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)