When this article refers to the duties of certain officials,
the official designated by the city shall be the code compliance officer
as well as those who he authorizes and designates to act under his
authority. The mayor shall designate an official to perform such duties
as are assigned to the code compliance officer. The code compliance
officer is authorized to devote such personnel under this direction
to the extent necessary to accomplish enforcement of the provisions
of this article. For the purposes of this article, the term "code
compliance officer" shall mean the code compliance officer of the
City of Highland Haven, Texas, and the term "city" shall mean the
City of Highland Haven, Texas. The terms "building" and "structure"
are interchangeable.
(Ordinance 034 Rev. 1, sec. 1, adopted 8/21/2001)
The city declares every substandard building or structure as
herein defined to be a public nuisance and subject to repair, vacation
or demolition to abate such nuisance as herein provided in order to
protect the health, safety and welfare of the occupants and the public.
(Ordinance 034 Rev. 1, sec. 2, adopted 8/21/2001)
(a)
Service.
The code compliance officer or his authorized
designee shall give notice of a violation of this article. Such notice
shall be in writing and shall be served by personal delivery or by
certified mail return receipt requested to the record owners of the
affected property, and to all unknown owners, 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. Listing of the occupant by name or sending
the notice by certified mail is not required. Service of the notice
may be accomplished by first class U.S. mail or by personal delivery
to any occupant of the property who is above the age of 16 years or
older.
(b)
Contents.
The notice shall contain the following:
(1)
The names of all persons to whom the notice is being served pursuant to subsection (a) of this section;
(2)
The street address or legal description of the premises;
(3)
A general description of the building, structure, improvements or
condition deemed substandard or otherwise in violation of this article;
(4)
A description of the violation of municipal standards that are present
at the building;
(5)
Notice of the date, time and place of the public hearing to determine
whether the building complies with the standards set out in this article;
(6)
A statement that the owner, lienholder, or mortgagee will be required
to submit at the public 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;
(7)
Whether or not the building shall be vacated by the occupants and,
if so, the date by which such vacation shall be effected.
(Ordinance 034 Rev. 1, sec. 4, adopted 8/21/2001)
(a)
After the public hearing before the board of aldermen of the city, if the building, structure or dwelling is found in violation of the standards set out in this article and article 4.02, the city may order that the building be vacated, secured, repaired, removed or demolished by the owner within the time provided for in this section. The city may also order that the occupants be relocated within a reasonable time. If the owner does not take the ordered action within the allotted time, the city shall make a diligent effort pursuant to section 214.001, Local Government Code, to discover each mortgagee and lienholder having an interest in the building, structure or dwelling or in the property on which the building is located. The city shall send to each identified mortgagee and lienholder a notice containing:
(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 violation of the standards that are present
at the building; and
(3)
A statement that the city will vacate, secure, remove, or demolish
the building or relocate the occupants if the ordered action is not
taken within a reasonable time.
(b)
As
an alternative to the procedure prescribed above, the city may make
a diligent effort to discover each mortgagee and lienholder before
conducting the public hearing and may give them a notice of and an
opportunity to comment at the hearing. In addition, the city may file
notice of the hearing in the official public records of real property
in Burnet County. The notice must contain the name and address of
the owner of the affected property if that information can be determined
from a reasonable search of the instruments on file in the office
of the county clerk, a legal description of the affected property
and a description of the hearing. The filing of the notice is binding
on subsequent grantees, lienholders, or other transferees of an interest
in the property who acquire such interest after the filing of the
notice, and constitutes notice of the hearing on any subsequent recipient
of any interest in the property who acquires such interest after the
filing of the notice. The order issued by the city may specify a reasonable
time before [for] the building to be vacated, secured, repaired, removed,
or demolished by the owner or for the occupants to be related [relocated]
by the owner and an additional reasonable time for the ordered action
to be taken by any of the mortgagees or lienholders in the event the
owner fails to comply with the order within the time provided for
action by the owner. The city is not required to furnish any notice
to a mortgagee or lienholder other than a copy of the order in the
event the owner fails to timely take the ordered action.
(c)
(d)
After
the hearing, the city shall promptly mail by certified mail, return
receipt requested, a copy of the order to the owner of the building
and to any lienholder or mortgagee of the building. The city shall
use its best efforts to determine the identity and address of any
owner, lienholder, or mortgagee of the building through the records
of the Burnet County clerk and through other sources available to
the city.
(e)
In
conducting a hearing authorized under this section, the city shall
require the owner, lienholder, or mortgagee of the building to within
thirty (30) days:
(f)
If
the city allows the owner, lienholder, or mortgagee more than thirty
(30) days to repair, remove, or demolish the building, the city shall
establish specific time schedules for the commencement and performance
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, as determined by the board of aldermen.
(g)
The
city will not allow the owner, lienholder, or mortgagee more than
ninety (90) days to repair, remove, or demolish the building or fully
perform all work required to comply with the order unless the owner,
lienholder, or mortgagee:
(h)
If
the city allows the owner, lienholder, or mortgagee more than ninety
(90) days to complete any part of the work required to repair, remove,
or demolish the building, the owner, lienholder, or mortgagee must
regularly submit progress reports to the city to demonstrate that
the owner, lienholder, or mortgagee has complied with the time schedules
established for commencement and performance of the work. The order
may require that the owner, lienholder, or mortgagee appear before
the board of aldermen to demonstrate compliance with the time schedules.
(i)
In
a public hearing to determine whether a building complies with the
standards set out in this article, the owner, lienholder, or mortgagee
has 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.
(j)
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, or demolish the building or relocate
the occupants at its own expense.
(k)
If the city incurs expenses under subsection (j), 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 building was located. 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 the notice of the lien is recorded and indexed in the office of the county clerk. The notice must 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 on which the building was located, the amount of expenses incurred by the city, and the balance due.
(Ordinance 034 Rev. 1, sec. 4, adopted 8/21/2001)
(a)
If
the code compliance officer or a designated representative shall,
upon inspection of any building within the city, find the same to
be uninhabitable and/or dangerous, he shall place a placard on the
uninhabitable and/or dangerous building reading as follows:
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WARNING
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This building has been found to be an UNINHABITABLE AND DANGEROUS
STRUCTURE by the Code Compliance Officer or a designated representative.
This building is to be vacated immediately. This placard is to remain
on the structure until it is repaired or demolished in accordance
with the notice dated __________ which has been mailed to all known
persons having an interest in this building or property as shown by
the County Clerk of Burnet County. It is a violation of Ordinance
034, section 5(B), punishable by a fine up to $2,000.00, for anyone
to remove this placard until such notice has been complied with.
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Signed
Code Compliance Officer or a Designee
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(b)
No
person shall occupy any building posted with such placard nor shall
any person deface, destroy, or remove any such placard.
(c)
A
copy of such notice shall be posted on the front door or as near to
the front door as practicable on the uninhabitable and dangerous dwelling
or building to which it related.
(Ordinance 034 Rev. 1, sec. 5, adopted 8/21/2001)
When the placard authorized by section 4.03.005 has been posted on any building in the city found to be a violation of this article, the owner or occupant thereof shall render it secure from entry by unauthorized persons.
(Ordinance 034 Rev. 1, sec. 6, adopted 8/21/2001)
In cases where it reasonably appears that there is immediate danger to the life or safely of any person unless an uninhabitable and dangerous building is immediately repaired, vacated or demolished, the code compliance officer or a designated representative shall cause the immediate repair, vacation or demolition of such uninhabitable and dangerous building or dwelling. The costs of such emergency repair, vacation, demolition or other compliance shall be collected in the same manner as provided in section 4.03.004(k) of this article.
(Ordinance 034 Rev. 1, sec. 7, adopted 8/21/2001)
The code compliance officer or his designated representative shall cause to be inspected any building or structure for the purpose of determining whether conditions exist which render such place uninhabitable or substandard within the terms of section 4.03.009 of this article. Cause for inspection may be based on any of the following:
(1)
A
complaint filed by any person.
(2)
A report filed by the police department, fire department, or any other city department of any building or structure which is or may be uninhabitable within the terms of section 4.03.009.
(3)
General
information or knowledge about the building or structure.
(Ordinance 034 Rev. 1, sec. 8, adopted 8/21/2001)
An uninhabitable or substandard building or structure is defined
as any building or structure:
(1)
Whose
walls or other vertical structural members list, lean or buckle in
excess of one-eighth inch horizontal measurement for each one foot
of vertical measurement;
(2)
Which
exclusive of the foundation shows 33% or more of damage or deterioration
of the supporting member or members, or 50% of damage or deterioration
of the non-supporting enclosing or outside walls or covering;
(3)
Which
has been damaged by fire, explosion, wind, vandalism or elements of
nature so as to have become dangerous to life, safety or the general
health and welfare of the occupants thereof or the people of the city;
(4)
Which
has inadequate facilities for egress in case of fire or panic or which
has insufficient stairways, elevators, fire escapes or other means
of ingress or egress;
(5)
Which
has parts thereof which are so attached that they may fall and injure
members of the public or property;
(6)
In
which the stress in any material, member or portion thereof, due to
all imposed loads including dead loads, exceeds the stresses allowed
in any applicable code for new buildings;
(7)
Which,
because of its condition, is unsafe, or unsanitary, or dangerous to
the health, morals, safety, or general welfare of the people of this
city; or
(8)
Which
exists in violation of any material provision of the city's building
code, plumbing code, fire prevention code, or electrical code or the
statutes of the state as revised, or that fail to comply with any
material provision of this article. For the purposes of this subsection,
"violation of any material provision" is a violation of any section
that involves a significant risk of personal injury, death or property
damage.
(Ordinance 034 Rev. 1, sec. 9, adopted 8/21/2001)
The following guide shall be followed by the board of aldermen
in determining whether to order the repair, vacation or demolition
of any uninhabitable or dangerous building, structure or dwelling.
(1)
Repair.
If a building, structure or dwelling can reasonably be repaired so that it will no longer exist in violation of the terms of this article, the board of aldermen shall order it repaired within the time provided in section 4.03.004 of this article.
(2)
Vacation.
If a building, structure or dwelling is in
such condition as to make it a danger to the health, safety or general
welfare of its occupants or the citizens of the city or if deemed
necessary for the abatement of the nuisance, the board of aldermen
shall order it vacated.
(3)
Demolition.
The board of aldermen may order a building,
structure or dwelling demolished if it:
(A)
Is at least 50% damaged or deteriorated, on either a structural or
original value basis;
(B)
Is an immediate danger to life or safety of any person and such danger
is not immediately remedied or corrected to eliminate the danger;
(C)
Is in need of repair under subsection (1) of this section and is
not repaired within the reasonable time set forth therein; or
(D)
Is in such condition as to make it dangerous to the health, safety,
or general welfare, has been ordered vacated by the board of aldermen,
and has not been cured of the defects within a reasonable time.
(Ordinance 034 Rev. 1, sec. 10,
adopted 8/21/2001; Ordinance adopting
Code)
(a)
A
record of the entire proceedings shall be made by tape recording,
or by any other means of permanent recording determined to be appropriate
by the board of aldermen.
(b)
A
copy of the tape of the proceedings shall be made available to all
parties upon request and upon payment of the fee prescribed therefor.
(c)
The
board of aldermen may grant continuances for good cause shown.
(d)
In
any proceedings under this section, the mayor or any member of the
board of aldermen has the power to administer oaths and affirmations
and to certify to official acts.
(e)
Hearings
need not be conducted according to the technical rules relating to
evidence and witnesses. However, oral evidence shall be taken only
on oath or affirmation.
(f)
Any
relevant evidence shall be admitted if it is the type of evidence
on which responsible persons are accustomed to rely in the conduct
of serious affairs, regardless of the existence of any common law
or statutory rule which might make improper the admission of such
evidence over objection in civil actions in courts of competent jurisdiction
in this state.
(g)
Irrelevant
and unduly repetitious evidence shall be excluded.
(h)
Each
party shall have these rights, among others:
(1)
To call and examine witnesses on any matter relevant to the issues
of the hearing;
(2)
To introduce documentary and physical evidence;
(3)
To cross-examine opposing witnesses on any matter relevant to the
issues of the hearing;
(4)
To impeach any witness regardless of which party first called him
to testify;
(5)
To rebut the evidence against him; and
(6)
To represent himself or to be represented by anyone of his choice
who is lawfully permitted to do so.
(i)
The
board of aldermen may inspect any building or premises involved in
the appeal during the course of the hearing, provided that: (i) notice
of such inspection shall be given to the parties before the inspection
is made; (ii) the parties are given an opportunity to be present during
the inspection; and (iii) the board of aldermen shall state for the
record upon completion of the inspection the material facts observed
and the conclusions drawn therefrom. Each party then shall have a
right to rebut or explain the matters so stated by the board of aldermen.
(j)
The
decision shall be in writing and shall contain findings of fact, a
determination of the issues presented, and the requirements to be
complied with. A copy of the decision shall be delivered the appellant
personally or sent to him by certified mail, postage prepaid, return
receipt requested.
(k)
The
effective date of the order shall be as stated therein.
(Ordinance 034 Rev. 1, sec. 11,
adopted 8/21/2001)
(a)
After any order of the board of aldermen made pursuant to this article shall become effective, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor and upon conviction thereof such person shall be punished as provided in article 1.03.
(b)
If, after any order of the board of aldermen made pursuant to this code has become effective, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the code compliance officer may cause such person to be prosecuted under subsection (a) of this section, and/or the city may institute any appropriate action to abate such building as a public nuisance.
(c)
No
person shall occupy any building which has been posted as specified
in this article. No person shall remove or deface any such notice
so posted until the repairs, demolition or removal ordered by the
board of aldermen have been completed pursuant to the provisions of
the all applicable building codes and ordinances.
(d)
No
person shall obstruct, impede or interfere with any officer, employee,
contractor or authorized representative of the city, or with any person
who owns or holds any real estate or interest in any building which
has been ordered repaired, vacated or demolished under the provisions
of this article, whenever such officer, employee, contractor or authorized
representative of the city, person having an interest or estate in
such building or structure, or purchaser is engaged in the work of
repairing, vacating and repairing, or demolishing any such building
pursuant to the provisions of this article, or in performing any necessary
act preliminary to or incidental to such work or authorized or directed
pursuant to this article.
(e)
Any
person who is aggrieved by the actions taken under the provisions
of this article, after he has exhausted his administrative remedy
as provided herein, may file suit in the district court of Burnet
County in the nature of an appeal from the action of the board of
aldermen within fifteen (15) days, in which appeal questions presented
to the said district court the substantial evidence rule shall prevail,
except the question of whether or not the premises is a nuisance,
which said question of whether or not a nuisance exists shall be tried
by the district court de novo.
(Ordinance 034 Rev. 1, sec. 12,
adopted 8/21/2001; Ordinance adopting
Code)
(a)
In
the event the board of aldermen makes a determination after the public
hearing that the building is deemed to be in violation of the terms
of this article, the code compliance officer shall cause to be posted
at each entrance to such building a notice to read as follows:
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DANGEROUS
DO NOT ENTER, UNSAFE TO OCCUPY
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Code Compliance Officer of the City of Highland Haven
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(b)
Such
notice shall remain posted until required repairs, demolition, or
removal is completed and such premises have been rendered safe. Such
notice shall not be removed without written permission of the code
compliance officer, and no person shall enter the building except
for making inspections or required repairs or to demolish such building.
(Ordinance 034 Rev. 1, sec. 13,
adopted 8/21/2001)
