[1]
Editor’s note–Former article 3.05
pertaining to substandard buildings and deriving from Ordinance
adopted 9/21/21, was amended in its entirety
by Ordinance 1713 adopted 5/14/2024.
The following terms whenever used or referred to in this article
shall have the meanings herein set forth:
The value given the structure by the county tax assessor's
office.
Any structure of any kind or any part thereof, erected for
the support, shelter or enclosure of persons, animals, chattel or
property of any kind.
The code enforcement officer and/or the building inspector.
The city of Bellville, Texas.
The city council of the city of Bellville.
Best or reasonable effort to determine the identity and address
of an owner, a lienholder, or a mortgagee including a search of the
following records:
County real property records of the county in which the building
is located;
Appraisal district records of the appraisal district in which
the building is located;
Records of the Secretary of State;
Assumed name records of the county in which the building is
located;
City tax records; and
City utility records.
Those standards found in the city's adopted standard
building, electrical, plumbing, gas, mechanical, existing building
and fire prevention codes.
Any person, agent, firm or corporation, named in the real
property records of Austin County, Texas as owning the property.
That which is built or constructed, an edifice or building
of any kind, or any piece of work artificially built or composed of
parts joined together in some definite manner, or any part thereof.
(Ordinance 1713 adopted 5/14/2024)
Any building or structure requiring repair, removal, or demolition, as described in section 3.05.005, as well as all buildings or structures within the city, which because of their condition are unsafe, unsanitary, uninhabitable or otherwise dangerous to the health, safety, and general welfare of the citizens of the city are hereby declared to be a public nuisance and are unlawful and subject to the provisions of this article regarding repair, removal, or demolition.
(Ordinance 1713 adopted 5/14/2024)
An inspection shall be made of every building located within
the city which is suspected of being in violation of this article.
The building official or his/her official designee is hereby authorized
to conduct inspections of buildings suspected of being in violation
of this article and take such actions as may be required to enforce
the provisions of this article.
(Ordinance 1713 adopted 5/14/2024)
(a)
Whenever a violation of this article has been discovered and
reported by the building official, a public hearing shall be held
before the city council to determine whether a building complies with
the standards set out in this article.
(b)
A notice of the hearing shall be sent to the occupant, if any,
and any recordowner, lienholder or mortgagee of the property. Such
notice shall be in writing and shall be served by certified mail,
return receipt requested, signature confirmation through the United
States Postal Service, or personal delivery to the recordowner of
the property, lienholder or mortgagee, and all unknown owners, lienholders,
or mortgagees, by posting a copy of the notice on the front door of
each affected improvement situated on the property or as close to
the front door as practicable; and if the owner's address is
different than the address shown for the property involved, to the
address of the property, addressed to the occupant of such address.
It is not necessary that the notice to the occupant of the property
list an occupant by name.
(c)
The notice shall contain:
(1)
The names of all persons to whom notice is being served;
(2)
The street address or legal description of the premises;
(3)
The date of inspection;
(4)
The nature of the violation;
(5)
The date, time and location of the hearing; and
(6)
A statement that the owner, lienholder, or mortgagee 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 time it will take
to reasonably perform the work.
(Ordinance 1713 adopted 5/14/2024)
The following standards shall be utilized in determining whether
a building should be ordered repaired or demolished. Buildings or
structures that meet one or more of the following standards shall
be required to be repaired, removed, or demolished:
(1)
The building or structure is liable to partially or fully collapse.
(2)
The building or structure was constructed or maintained in violation
of any provision of the city's building code, standard codes,
or any other applicable ordinance or law of the city, county, state,
or federal government.
(3)
Any wall or other vertical structural members list, lean or
buckle to such an extent that a plumbline passing through the center
of gravity falls outside of the middle one-third (1/3) of its base.
(4)
The foundation or the vertical or horizontal supporting members
are twenty-five percent (25%) or more damaged or deteriorated.
(5)
The nonsupporting coverings of walls, ceilings, roofs, or floors
are fifty percent (50%) or more damaged or deteriorated.
(6)
The structure has improperly distributed loads upon the structural
members, or they have insufficient strength to be reasonably safe
for the purpose used.
(7)
The structure or any part thereof has been damaged by fire,
water, earthquake, wind, vandalism, or other cause to such an extent
that it has become dangerous to the public, health, safety and welfare.
(8)
The structure does not have adequate light, ventilation, or
sanitation facilities as required by the city.
(9)
The structure has inadequate facilities for egress in case of
fire or other emergency or which has insufficient stairways, elevators,
fire escapes or other means of ingress or egress.
(10)
The structure has been found to contain molds which are known
to be harmful to humans, and remediation of such mold contamination
would exceed fifty percent (50%) of the value of the structure.
(11)
A portion of a building or structure remains on a site when
construction or demolition work is abandoned.
(12)
The building or structure, because of its condition, is unsafe,
unsanitary, or dangerous to the health, safety or general welfare
of the city's citizens including all conditions conducive to
the harboring of rats or mice or other disease carrying animals or
insects reasonably calculated to spread disease.
(Ordinance 1713 adopted 5/14/2024)
(a)
The date of the hearing shall not be less than ten (10) days after notice is made, as described in § 3.05.004.
(b)
If a building is found to be in violation of this article, the
city shall require the owner, lienholder, or mortgagee of the building
to within thirty (30) days repair or demolish the building, unless
it is proven at the hearing that the work cannot reasonably be done
in thirty (30) days.
(c)
If the city allows more than thirty (30) days for the building
to be repaired or demolished, the city shall establish specific time
schedules for the work to be commenced and finished 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,
as determined by the city council.
(d)
The city shall not allow the owner, lienholder or mortgagee
more than ninety (90) days to repair or demolish the building unless
a detailed plan and time schedule for the work are submitted at the
hearing and it is proven at the hearing that the work cannot reasonably
be completed within ninety (90) days. Additionally, the owner, lienholder,
or mortgagee must submit work progress reports to demonstrate compliance
with the time schedule established. If the owner, lienholder, or mortgagee
owns property, including structures or improvements on property, within
the city's boundaries that exceeds $100,000.00 in total value,
the city 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 city 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. The bond must be posted, or the letter of credit
or third-party guaranty provided, not later than the thirtieth (30th)
day after the date the city issues an order.
(e)
In any case where fifty percent (50%) or more of the value or
structure is damaged or deteriorated, a building shall be demolished
or removed, and in all cases where a structure cannot be repaired
so that it will no longer exist in violation of the provisions of
this article, it shall be demolished or removed.
(Ordinance 1713 adopted 5/14/2024)
(a)
After the public hearing, if a building is found to be in violation of this article, the city may order that the building be repaired or demolished by the owner within a reasonable time, as established under section 3.05.006.
(b)
If the building is ordered to be repaired or demolished, the
city shall promptly mail by certified mail, return receipt requested,
signature confirmation through United States Postal Service, or personal
delivery, a copy of the order to the owner of the building and to
any lienholder or mortgagee of the building. The city shall make a
diligent effort to discover each mortgagee and lienholder having an
interest in the building or property on which the building is located.
(c)
If the ordered action is demolition of the building or structure, demolition shall not occur until the time for appeal of the order to district court under section 3.05.009 has expired and no appeal has been taken; or, in the alternative, the order was appealed to district court but the appeal has been finally resolved in a manner that does not prevent the city from proceeding with demolition.
(Ordinance 1713 adopted 5/14/2024)
(a)
In addition to the order, each identified mortgagee or lienholder
shall be sent a notice containing:
(b)
If the notice is returned "refused" or "unclaimed," the validity
of the notice is not affected and the notice shall be deemed delivered.
(Ordinance 1713 adopted 5/14/2024)
The owner, lienholder, or mortgagee of record of property jointly
or severally aggrieved by an order of the city council issued under
this article may file in state district court a verified petition
setting forth that the city council's decision is illegal, in
whole or in part, and specifying the grounds of the illegality. The
petition must be filed by an owner, lienholder, or mortgagee within
thirty (30) calendar days after the date a copy of the order of the
city council is served on the owner, lienholder, or mortgagee by certified
mail, return receipt requested, signature confirmation through the
United States Postal Service, or personal delivery; otherwise, said
order shall become final as to each owner, lienholder, or mortgagee
of the property.
(Ordinance 1713 adopted 5/14/2024)
(a)
Whenever it is discovered upon reinspection that the owner,
mortgagee or lienholder has failed to either repair or demolish the
building within the allotted time, the city, or its authorized agent,
may repair or demolish and remove said building or cause the same
to be done and charge the expenses incurred in doing such work or
having the same done to the owner, mortgagee or lienholder of said
land.
(b)
If such work is done at the expense of the city, then the said
expense shall be assessed against any salvage resulting from the demolition
of the building and against the lot, tract, or parcel of land, or
the premises upon which such expense was incurred.
(c)
For the purposes of this section, any repair, alteration or
improvement made to a building by the city will only be to the extent
necessary to bring the building into compliance with the minimum housing
standards and only if the building is a residential building with
ten (10) or fewer dwelling units; provided, however, the city may
elect to obtain a judicial determination by a decree of a court of
competent jurisdiction of the existence, in fact, of a public nuisance
in cases contemplated by this article. Such judicial determination
may include any available remedy for the abatement of such a nuisance.
(Ordinance 1713 adopted 5/14/2024)
(a)
When the city incurs expenses to repair or demolish and remove
the building, the city has a lien against the property on which the
building is located, unless it is a homestead as protected by the
Texas Constitution. The lien arises and attaches to the property when
the city administrator or the building official records and indexes
notice of the lien with the county clerk of Austin County, Texas.
The notice shall contain:
(1)
The name and address of the owner, if that information can be
determined with a reasonable effort;
(2)
A legal description of the property on which the building was
located;
(3)
The amount of expense incurred by the city;
(4)
The balance due; and
(5)
The date on which said work was done or improvements made.
(b)
The city shall have a privileged lien on such lot, lots, or
other premises or real estate upon which said building was located,
to secure the expenditure so made, which said liens shall be second
only to tax liens and liens for street improvements; and said amount
shall bear ten percent (10%) interest from the date such statement
was filed. It is further provided that for any such expenditure and
interest, as aforesaid, suit may be instituted and recovered, and
foreclosure of said lien may be made in the name of the city; and
the statement of expenses so made, as aforesaid, or a certified copy
thereof, shall be prima facie proof of the amount expended for such
work or expense.
(c)
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.
(Ordinance 1713 adopted 5/14/2024)
(a)
In addition to all other powers and authority elsewhere set
forth, the building official shall have the authority to immediately
and without prior notice secure, by boarding up, locking, or other
appropriate and effective means, any building that:
(b)
Before the 11th day after the date the building is secured,
the building official 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 ten (10) day period
in a newspaper of general circulation in Austin County 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)
An identification, which is not required to be a legal description,
of the building and the property on which it is located;
(2)
A description of the violations of this article that are 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 city's securing of the
building.
(d)
The city 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 thirty (30)
days after the date the city secures the building, the owner files
with the city secretary a written request for a hearing. The city
shall conduct the hearing within twenty (20) days after the date the
request is filed.
(Ordinance 1713 adopted 5/14/2024)
(a)
For the purpose of this section, an emergency is hereby defined
as any case where it reasonably appears there is immediate danger
to the health, life, safety, or welfare of any person because of a
dangerous condition which exists in violation of this article.
(b)
In any emergency case, the building official shall have the
power to take emergency measures to abate or to correct such dangerous
condition. The emergency power herein granted shall include the power
to cause the immediate vacation of any building and the summary correction
of any emergency condition which exists in violation of this article,
including but not limited to demolition of dangerous buildings.
(Ordinance 1713 adopted 5/14/2024)
(a)
The city shall have the power to administer and enforce the
provisions of this article as may be required by governing law. Any
person violating any provision of this article is subject to suit
for injunctive relief as well as prosecution for criminal violations.
Any violation of this article is hereby deemed to be a nuisance.
(1)
Criminal prosecutions.
Any person violating any
provision of this article shall, upon conviction, be fined a sum not
exceeding two thousand dollars ($2,000.00). Each day that a provision
of this article is violated shall constitute a separate offense. An
offense under this article is a misdemeanor.
(2)
Civil remedies.
(A)
Any person violating any provision of this article may be assessed
a civil penalty, after a hearing on the violations, in a sum not exceeding
one thousand dollars ($1,000.00) for each and every day of violation
or, if the owner shows the property is the owner's lawful homestead,
in an amount not to exceed ten dollars ($10.00) per day for each violation,
provided that:
(B)
If such a civil penalty is assessed, the city secretary shall
file a certified copy of the order containing such penalty with the
County Clerk's office no later than three (3) business days after
such order.
(3)
Other remedies.
The remedies provided herein shall
be available to the city in addition to any penal or other remedy
provided by law or equity which the city, state, or any other person
may have to remedy the unsafe building condition.
(A)
The city may bring a civil action in a court of competent jurisdiction
to collect the amount due plus all associated costs and fees.
(Ordinance 1713 adopted 5/14/2024)
Neither the city nor any authorized agent acting under the terms
of this article shall be liable or have any liability by reason of
orders issued or work done in compliance with the terms of this article.
(Ordinance 1713 adopted 5/14/2024)
