As used in this article, the following terms shall have the meanings given below:
Building official or building inspector
means the person, his staff or employees, or entity designated by the city or appointed to perform the duties and responsibilities set forth herein, or, if none has been appointed, the chief administrative officer. Where the inspection is for plumbing, electrical, or other such inspection or permitting, the inspector designated to perform such specific duties is the building official for such project.
Dangerous building or unsafe building
means any structure or building located within the incorporated limits of the city that is:
(1) 
In such a state or condition of repair or disrepair that all or any of the following conditions exist:
(A) 
Walls or other vertical structural members list, lean, or buckle;
(B) 
Damage or deterioration exists to the extent that the building is unsafe;
(C) 
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;
(D) 
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;
(E) 
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;
(F) 
Light, air, and sanitation facilities are inadequate to protect the health, morals, safety, or general welfare of persons who assemble, work, or live therein;
(G) 
Stairways, fire escapes, and other facilities of egress in case of fire or panic are inadequate;
(H) 
Parts or appendages of the building or structure are so attached that they are likely to fall and injure persons or property;
(2) 
Dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare of the city’s residents;
(3) 
Regardless of its structural condition, 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
(4) 
Boarded up, fenced or otherwise secured in any manner if:
(A) 
The building constitutes a danger to the public even though secured from entry;
(B) 
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; or
(C) 
Defined as a dangerous or unsafe building by the 2003 International Property Maintenance Code, published by the International Code Council, Inc.
Responsible parties
means the owner, occupant or person in custody of the building or structure, and any mortgagee or lienholder.
(Ordinance 2010-002, sec. 2, adopted 2/–/2010)
(a) 
Adoption.
The 2003 International Property Maintenance Code, published by the International Code Council, Incorporated, a copy of which has been exhibited to and approved by the city council, and certified copies of which are on file in the offices of the city secretary, is hereby adopted by reference and declared to be the unsafe building abatement code of the city for the regulation, vacation, removal, repair, or demolition of unsafe buildings in a timely and legal manner in the city; save and except section 108, which is deleted in its entirety and replaced by the provisions of this article.
(b) 
Amendments.
The 2003 International Property Maintenance Code is further amended as follows:
(1) 
Each reference to “jurisdiction” or location for insertion of name of jurisdiction shall mean the City of Bartlett, Texas.
(2) 
Each reference to “code official” shall mean the building official or code enforcement officer of the City of Bartlett, Texas.
(3) 
Each reference to “board” shall mean the board of adjustment and appeals of the City of Bartlett, Texas. The city council shall sit as the board of adjustment and appeals.
(4) 
Section 103.5 is deleted.
(5) 
The following numbered sections are deleted and replaced in full with the text indicated:
(A) 
Section 103.1.
This code shall be enforced by the building official. The building official is the person designated by the city council for purposes of making inspections, sending notices, and otherwise enforcing the provisions of this code.
(B) 
Section 103.2.
(Reserved.)
(C) 
Section 106.4, Penalties.
Any person who violates a provision of this code, or fails to comply therewith, or with any of the requirements thereof, shall be guilty of a misdemeanor, and subject to a fine of between $1.00 and $2,000.00. Each day a violation occurs constitutes a separate offense.
(D) 
Section 111, Appeal.
A new section 111.6(A) is added to provide that any occupant, owner or lienholder aggrieved by a decision of the board of appeals may appeal such decision to the city council by filing a written appeal to the city secretary within fifteen days of the decision that is being appealed.
(E) 
Section 302.4.
“(jurisdiction to insert height in inches)” shall be replaced with “twelve inches (12")”.
(F) 
Section 302.7.
All accessory structures, including detached garages, fences, and walls, shall be maintained structurally sound and in good repair. All accessory structures shall be protected from the elements by painting, staining or other waterproofing or surface treatments.
(G) 
Section 304.14.
“During the period (DATE) to (DATE)” shall be replaced with “During the period April 1 to November 1, unless functioning AC is provided,”.
(H) 
Section 602.3.
“(DATE) to (DATE)” shall be replaced with “October 1 through April 1”.
(I) 
Section 602.4.
“(DATE) to (DATE)” shall be replaced with “October 1 through April 1”.
(Ordinance 2010-002, sec. 3, adopted 2/–/2010)
(a) 
It shall be unlawful for any person to maintain or permit the existence of any unsafe building in the city, and it shall be unlawful for any person to permit same to remain in such condition.
(b) 
All unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures provided in this article.
(c) 
The building official shall enforce the provisions of this article.
(Ordinance 2010-002, sec. 4, adopted 2/–/2010)
The building official shall 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 sections 4.04.005 and 4.04.006 of 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, multi-family 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 adjustments and appeals any noncompliance with the minimum standards set forth in this article. The city building official shall obtain from the secretary of the board of adjustments and appeals a hearing date for a public hearing by the board of adjustments and appeals on any structure believed to be a dangerous building and shall provide the secretary of the board of adjustments and appeals with copies of the written notice to persons with interests in the property as provided for in section 4.04.005 hereof.
(4) 
Appear at all hearings conducted by the board of adjustments and appeals and testify as to the conditions of dangerous buildings within the city.
(5) 
Place a notice on all dangerous buildings reading as follows: “This building has been found to be a dangerous building by the City of Bartlett Building Official. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given to the owner(s), occupant(s) and person(s) with interests in the property as shown by the records of the City Secretary and the Tax Appraisal District. It is unlawful to remove this notice until such notice is complied with.”
(6) 
Request the city engineer, or an appropriate engineer, to provide additional inspections, reports and act as an expert witness at hearings for buildings that appear marginally dangerous.
(7) 
Perform the other requirements with respect to notification of public hearings as are set forth more specifically in this article.
(Ordinance 2010-002, sec. 5, adopted 2/–/2010)
(a) 
Should the building official determine that any building or structure within the incorporated limits of the city is a dangerous building or unsafe building he/she shall cause written notification to be sent, by certified mail, or by United States Postal Service using signature confirmation service, to the owner and all other persons having an interest in the building after a diligent effort to discover each owner, mortgagee, and lienholder. Such notice shall contain:
(1) 
A description of the building or structure deemed unsafe and its location;
(2) 
A statement of the particulars which make the building or structure a dangerous building;
(3) 
Notice of the date and time of a public hearing before the board of adjustments and appeals to determine whether the building complies with the standards set out in this article;
(4) 
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.
Such notice [shall] be served upon the responsible parties as set out in this article.
(b) 
The requirements to make a diligent effort, to use its best efforts, or to make a reasonable effort to determine the identity and address of an owner, a lienholder, or a mortgagee are satisfied if the municipality searches the following records:
(1) 
County real property records of the county in which the building is located;
(2) 
Appraisal district records of the appraisal district in which the building is located;
(3) 
Records of the secretary of state;
(4) 
Assumed name records of the county in which the building is located;
(5) 
Tax records of the city; and
(6) 
Utility records of the city.
(Ordinance 2010-002, sec. 6, adopted 2/–/2010)
(a) 
A notice to repair, notice of securing a dangerous building, and a notice of a public hearing pursuant to this article shall be deemed properly served upon the responsible parties if a copy thereof is posted in a conspicuous place in or about the building affected by the notice and:
(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; or
(3) 
Sent by United States Postal Service using signature confirmation service.
(b) 
The city may file notice of the hearing in the standards commission public records of real property of Bell County.
(Ordinance 2010-002, sec. 7, adopted 2/–/2010)
(a) 
Should the building official determine that any building or structure within the incorporated limits of the city is a dangerous building or is unoccupied or is occupied only by persons who do not have a right of possession of the building, he/she may cause the building to be secured.
(b) 
Before the 11th day after the date the building is secured, the municipality shall 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 in which the building is located 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 if personal service cannot be obtained and the owner’s post office address is unknown.
(c) 
The notice must contain:
(1) 
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 the city standards that is present at the building;
(3) 
A statement that the city will secure or has secured, as the case may be, the building; and
(4) 
An explanation of the owner’s entitlement to request a hearing about any matter relating to the municipality’s securing of the building.
(d) 
The board of adjustments and appeals shall 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 if, within 30 days after the date the building official secures or causes to be secured the building, the owner files with the city a written request for the hearing. The board of adjustments and appeals shall conduct the hearing within 20 days after the date the request is filed.
(e) 
The city shall impose a lien against the land on which the building stands, unless it is a homestead as protected by the Texas Constitution, to secure the payment of the cost of securing the building. Promptly after the imposition of the lien, the city shall file for record, in recordable form, in the office of the Bell County clerk, a written notice of the imposition of the lien. The notice shall contain a legal description of the land.
(Ordinance 2010-002, sec. 8, adopted 2/–/2010)
The board of adjustments and appeals shall:
(1) 
Schedule and hold a 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) 
Upon conclusion of the hearing, the board of adjustments and appeals shall determine by majority vote whether the building or structure in question is a dangerous building. Upon a determination that the building or structure in question constitutes a dangerous building, the board of adjustments and 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 thirty (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 thirty (30) days, in which instance the board of adjustments and 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 and relocate the occupants of the building if the ordered action is not taken within the time specified by the board of adjustments and appeals.
(3) 
If repair or demolition is ordered, the board of adjustments and 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 a reasonable period of time after the hearing. Within 10 days after the date that the order is issued, the city shall:
(A) 
File a copy of the order in the office of the municipal secretary or clerk; and
(B) 
Publish in a newspaper of general circulation in the municipality in which the building is located a notice containing:
(i) 
The street address or legal description of the property;
(ii) 
The date of the hearing;
(iii) 
A brief statement indicating the results of the order (may be a copy of the order; and
(iv) 
If not provided in the notice, instructions stating where a complete copy of the order may be obtained.
(4) 
If repair or demolition is ordered and notice of public hearing was not filed in the official public records of real property of Bell County, the city may file and record a copy of the order in such records of Bell County.
(5) 
If the board of adjustments and appeals allows the owner or a person with an interest in the dangerous building more than thirty (30) days to repair, remove, or demolish the building, the board of adjustments and 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 official.
(6) 
The board of adjustments and appeals may not allow the owner or person with an interest in the dangerous building more than ninety (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:
(A) 
Submits a detailed plan and time schedule for the work at the hearing; and
(B) 
Establishes at the hearing that the work cannot reasonably be completed within ninety (90) days because of the scope and complexity of the work.
(7) 
If the board of adjustments and appeals allows the owner or person with an interest in the dangerous building more than ninety (90) days to complete any part of the work required to repair, remove, or demolish the building, the board of adjustments and appeals shall require the owner or person to regularly submit progress reports to the board of adjustments and 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 building official to demonstrate compliance with the time schedules.
(8) 
In the event the owner or a person with an interest in a dangerous building fails to comply with the order within the time specified therein, the city may cause any occupants of the dangerous building to be relocated, and may cause the dangerous building to be secured, removed, or demolished at the city’s expense. The city may assess the expenses on, and the city has a lien against, unless it is a homestead as protected by the Texas Constitution, the property on which the dangerous building was located. The lien is extinguished if the property owner or a person having an interest in the building reimburses the city for the expenses. 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 in the county in with the property is located. The notice of lien must contain the name and address of the owner of the dangerous building if that information can be determined by a diligent 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. Such lien is a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens attached to the real property.
(9) 
In addition to the authority set forth in subsection (8) above, after the expiration of the time allotted in the order for the repair, removal, or demolition of a dangerous building, the city may repair the building at its expense and assess the expenses on the land on which the building stands or to which it is attached. The repairs contemplated by this section may only be accomplished to the extent necessary to bring the building into compliance with the minimum standards established by this article, and to the extent such repairs do not exceed minimum housing standards. This section shall be applicable only to residential buildings with ten (10) or fewer dwelling units. The city shall follow the procedures set forth in subsection (8) above for filing a lien on the property on which the building is located.
(Ordinance 2010-002, sec. 9, adopted 2/–/2010)
If the owners or persons having an interest in a building or structure that is, pursuant to this article, ordered to be repaired, rehabilitated, demolished, or removed, fail to timely comply with such order, the city council may:
(1) 
Authorize the building official to obtain the repair, securing or demolition of the building or structure as authorized by this article, and to file a lien against such property for the cost and expense of such work;
(2) 
By ordinance, assess a civil penalty of up to $1,000.00 per day against the owners and persons having an interest in the property;
(3) 
Authorize and take such other action as contemplated by this article, or chapter 214 [of the Local Government Code], as is necessary or advisable in the judgment of the city council to protect the public health, safety or welfare; and
(4) 
The city council may also take any such action following an appeal to the city council.
(Ordinance 2010-002, sec. 10, adopted 2/–/2010)
(a) 
If the time allotted for the repair, removal or demolition of a building under this article has expired, then the city council may, in addition to the authority granted under chapter 214, Texas Local Gov’t. Code, and the foregoing sections of this article:
(1) 
Order the repair of the building at the city’s expense and assess the expenses on the land on which the building stands or to which it is attached; or
(2) 
Assess a civil penalty of up to $1,000.00 per day against the responsible party for failure to repair, remove, or demolish the building.
(3) 
Authorize the city building official to invite at least two (2) 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, and may also recommend civil penalties, based on such estimates. The building official shall endeavor to minimize the expenses of any building repairs, removal or demolitions order pursuant to this article.
(b) 
The city may repair a building under subsection (a) only to the extent necessary to bring the building into compliance with the minimum standards of the city and only if the building is a residential building with 10 or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds minimum standards prescribed by the city.
(c) 
The city shall impose a lien against the land on which the building stands or stood, unless it is a homestead as protected by the Texas Constitution, to secure the payment of the repair, removal, or demolition expenses or the civil penalty. Promptly after the imposition of the lien, the city shall file for record, in recordable form in the office of the Bell County clerk, a written notice of the imposition of the lien. The notice shall contain a legal description of the land.
(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 Bell 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 10 percent a year from the date of the assessment until paid in full. The city may further file with the district clerk a copy of an ordinance assessing a civil penalty pursuant to this article.
(f) 
In any judicial proceeding that is filed that appeals a decision made pursuant to this article, or that challenges this article, or that regards enforcement of the city’s rights under this article, the city shall be entitled to recover reasonable attorney’s fees and costs if the decision is affirmed or not substantially reversed but only modified by the court.
(g) 
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 2010-002, sec. 11, adopted 2/–/2010)
(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 adjustments and 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 adjustments and appeals shall be guilty of a misdemeanor.
(c) 
Any person removing the notice of a dangerous building as provided for in sections 4.04.005 and 4.04.006 of 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 five hundred ($500.00). Each day a violation of this article continues shall constitute a separate offense.
(Ordinance 2010-002, sec. 12, adopted 2/–/2010)
Chapter 214, subchapter A, Texas Local Gov’t. 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 2010-002, sec. 13, adopted 2/–/2010)