The building and standards commission established below in § 3.03.006 may hear and determine cases concerning alleged violations of ordinances:
(1) 
For the preservation of public safety, relating to the materials or methods used to construct a building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits;
(2) 
Relating to the fire safety of a building or improvement, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design, or width of entrances or exits;
(3) 
Relating to dangerously damaged or deteriorated buildings or improvements;
(4) 
Relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents;
(5) 
Relating to a building code or to the condition, use, or appearance of property;
(6) 
Relating to animal care and control; or
(7) 
Relating to water conservation measures, including watering restrictions.
(Ordinance 393-10-2024 adopted 10/14/2024)
This article is adopted pursuant to Texas Local Government Code chapter 54, subchapter C and chapter 214, subchapter A. The town adopts by this article the powers authorized by those statutes, and all provisions of this article should be interpreted and followed in compliance with those statutes.
(Ordinance 393-10-2024 adopted 10/14/2024)
Commission.
The building and standards commission. Should the town council appoint more than one panel of five members to the commission, "commission" should be read to include each individual panel of five members appointed by the town council to serve as the building and standards commission.
Dangerous building.
See "dangerous structure."
Dangerous structure.
(1) 
A structure that:
(A) 
Regardless of its structural condition, is 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;
(B) 
Is boarded up, fenced, or otherwise secured in any manner if the structure constitutes a danger to the public even though secured from entry or the means used to secure the structure are inadequate to prevent unauthorized entry or use of the structure 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
(C) 
Is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare, and which has one or more of the following defects making it violative of the minimum standards for the continued use and occupancy of a building regardless of the date of its construction:
(i) 
Contains one or more interior walls or other vertical structural members that list, lean, or buckle to such an extent that a plumbline passing through the center of gravity falls outside of the middle third of its base;
(ii) 
Exclusive of the foundation, shows 33% or more damage or deterioration to the supporting member or members or 50% or more damage or deterioration to the nonsupporting enclosure or to outside walls or coverings;
(iii) 
Has one or more improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used;
(iv) 
Has been damaged by fire, wind, or other causes so as to have become dangerous to persons or property;
(v) 
Is so dilapidated, decayed, unsafe, or unsanitary, or utterly fails to provide amenities essential to decent living so that the structure is unfit for human habitation or likely to cause sickness or disease so as to cause injury to the health or welfare of those living therein;
(vi) 
Has parts thereof which are attached in a manner that they may fall and injure persons or property;
(vii) 
Has a foundation that is not so free of holes, cracks, buckling, crumbling, and defects as to support adequately the structure;
(viii) 
Does not have a floor, exterior wall and roof that is so free of holes, cracks and loose, rotten, warped or protruding boards necessary to protect the occupants of the structure reasonably from weather elements and from danger of collapse;
(ix) 
Does not have interior walls and ceilings that are so free of holes, cracks, loose plaster, loose and baggy wallpaper, defective materials, and structural deterioration as to reasonably serve their purpose and as to protect the occupants of the structure from danger of collapse and of fire; or
(x) 
Exists in violation of any provision of any applicable building code(s) of the town or any provision of the town's fire code or other ordinances of the town as such provisions relate to public health, safety, and welfare or the health, safety, and welfare of occupants.
(2) 
A dangerous structure may include structures on property that has been bid off to the town under section 34.01(j), Tax Code.
Occupant.
Any individual living or sleeping in a building or structure or having possession of a space within a building or structure.
Structure.
That which is built or constructed or a portion thereof.
Town.
Shady Shores, Denton County, Texas.
(Ordinance 393-10-2024 adopted 10/14/2024)
An attorney for the town, or that person's designee, shall - with or without the assistance of other town personnel, officials, or consultants - present all cases at hearings presided over by the commission.
(Ordinance 393-10-2024 adopted 10/14/2024)
(a) 
A building and standards commission is hereby established, which shall be constituted by five members appointed by the town council for terms of two years, coinciding with the term of the mayor. Vacancies shall be filled for an unexpired term. All appointees shall be residents of the town. The town council may, at their discretion, appoint more than one panel of five members to serve as the commission.
(b) 
The town council may remove a commission member for cause on a written charge. Before a decision regarding removal is made, the town council must hold a public hearing on the matter if requested by the commission member subject to the removal action.
(c) 
The town council may appoint eight or more alternate members of the commission who shall serve in the absence of one or more regular members when requested to do so by the mayor or town administrator. Alternate members serve for the same term as members, are subject to removal in the same manner as the regular members and shall be residents of the town. Vacancies shall be filled for an unexpired term.
(d) 
The town council appoints the chairperson of the commission or of each panel of the commission if the town council appoints multiple panels.
(e) 
The purpose of the commission is to hear cases under this article. All cases to be heard by the commission may be heard by any panel of the commission. A majority of the regular members of the commission, or of a panel of the commission if the town council appoints multiple panels, must be present for a hearing.
(f) 
A majority of the entire regular commission members shall adopt rules for hearings and other commission matters. The rules shall establish procedures for use in hearings, providing ample opportunity for presentation of evidence and testimony by respondents or persons opposing charges brought by town or its officials relating to alleged violations of ordinances.
(g) 
Meetings shall be held at the call of the chairperson and at other times as determined by the commission. All meetings and hearings conducted by the commission shall be open to the public. The commission chairperson or in the chairperson's absence each acting chairperson, may administer oaths and compel the attendance of witnesses.
(h) 
The commission shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. The commission shall keep records of its examinations and other official actions. Said minutes and records shall be filed immediately with the town secretary as public records. A majority vote of the commission members voting on a matter is necessary to take any action under this article.
(Ordinance 393-10-2024 adopted 10/14/2024)
(a) 
The commission or a panel of the commission has the authority authorized by V.T.C.A., Local Government Code chapter 54, subchapter C, as amended. Specifically, the commission may:
(1) 
Order the repair, within a fixed period, of buildings found to be in violation of an ordinance;
(2) 
Declare a building substandard in accordance with the powers granted by this article or the powers granted by V.T.C.A., Local Government Code chapter 54, subchapter C, as amended;
(3) 
Order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure the removal if it is determined that conditions exist on the property that constitute a violation of this article, and order action to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist;
(4) 
Issue orders or directives to any peace officer of the state to enforce and carry out the lawful orders or directives of the commission; and
(5) 
Pursuant to the authority of V.T.C.A., Local Government Code, section 54.036(5), determine the amount and duration of the civil penalty town may recover pursuant to V.T.C.A., Local Government Code, section 54.017. An abstract of judgment shall be ordered against all parties found to be the owners of the subject property or in possession of that property for such penalties.
(b) 
Pursuant to V.T.C.A., Local Government Code chapter 214, subchapter A, as amended, the town adopts the statutory authority to require the vacation, relocation of occupants, securing, repair, removal, or demolition of a dangerous structure.
(Ordinance 393-10-2024 adopted 10/14/2024)
(a) 
A notice of a hearing sent to an owner, lienholder, or mortgagee under this section must include 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. Town staff shall make a diligent effort to discover each owner, mortgagee, lienholder, and registered agent having an interest in the building or in the property on which the building is located. Town staff shall personally deliver, send by certified mail with return receipt requested, or deliver by the United States Postal Service using signature confirmation service, to each identified owner, mortgagee, and lienholder, before conducting the public hearing, notice of the hearing and their opportunity to comment therein.
(b) 
Notice of all proceedings before the commission must be given:
(1) 
By personal delivery, by certified mail with return receipt requested, or by delivery by the United States Postal Service using signature confirmation service, to the records owners of the affected property, to each mortgagee, and to each holder of a recorded lien against the affected property, as shown by the records in the office of the county clerk if the address of the mortgagee or lienholder can be ascertained from the deed of trust establishing the mortgage or lien or other applicable instruments on file in the office of the county clerk; and
(2) 
To all unknown owners, by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable.
(c) 
The notice must be posted and either personally delivered or mailed on or before the 10th day before the date of the hearing before the commission and must state the date, time, and place of the hearing. In addition, the notice must be published in a newspaper of general circulation in the town on one occasion on or before the 10th day before the date fixed for the hearing.
(d) 
Town staff.
Town staff shall file notice of the hearing in the official public records of real property in the county in which the property is located. 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.
(e) 
Town satisfies the requirement to make a diligent effort, to use its best efforts, to make a reasonable effort, and to exercise due diligence to determine the identity and address of each owner, lienholder, mortgagee, and registered agent if town searches the following records:
(1) 
County real property records of the county;
(2) 
Appraisal district records of the county appraisal district;
(3) 
Records of the secretary of state;
(4) 
Assumed name records of the county;
(5) 
Tax records of the town; and
(6) 
Utility records of the town and any utility authority including the town.
(f) 
Notice delivered.
When town mails a notice in accordance with this article to a property owner, lienholder, mortgagee, or registered agent and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered.
(Ordinance 393-10-2024 adopted 10/14/2024)
(a) 
All proceedings before the commission shall be conducted in accordance with the rules adopted pursuant to § 3.03.006(f).
(b) 
A majority vote of the commission members voting on a matter is necessary to take any action under this article.
(c) 
After the public hearing, if a building is found in violation of standards set out in this article, the commission may order that the building be vacated, secured, repaired, removed, or demolished by the owner within a reasonable time as provided by this section. The commission also may order that the occupants be relocated within a reasonable time. After the hearing, town staff shall promptly mail by certified mail with return receipt requested, deliver by the United States Postal Service using signature confirmation service, or personally deliver a copy of the order to each owner of the building, to each lienholder and mortgagee of the building, and to each registered agent. Town shall include in its mailing to the each owner, lienholder, and mortgagee 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 municipal standards that is present at the building;
(3) 
A statement that town will vacate, secure, remove, or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time;
(4) 
A reasonable time for the building to be vacated, secured, repaired, removed, or demolished by the owner or for the occupants to be relocated by the owner; and
(5) 
An additional reasonable time as provided by this section 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.
(d) 
Within 10 days after the date that the order is issued, town shall:
(1) 
File a copy of the order in the office of the town secretary; and
(2) 
Publish in a newspaper of general circulation in town a notice containing:
(A) 
The street address or legal description of the property;
(B) 
The date of the hearing;
(C) 
A brief statement indicating the results of the order; and
(D) 
Instructions stating where a complete copy of the order may be obtained.
(e) 
Hearing and order.
In conducting a hearing authorized under this section, the commission shall require the owner, lienholder, or mortgagee of the dangerous building to within 30 days:
(1) 
Secure the building from unauthorized entry; or
(2) 
Repair, remove, or demolish the building, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days.
(f) 
If the owner, lienholder, or mortgagee is allowed more than 30 days to repair, remove, or demolish the building, the commission 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.
(g) 
Order and time for compliance.
An owner, lienholder, or mortgagee may not be allowed more than 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:
(1) 
Submits a detailed plan and time schedule for the work at the hearing; and
(2) 
Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.
(h) 
Assurances of compliance during the extension period.
If the owner, lienholder, or mortgagee is allowed more than 90 days to complete any part of the work required to repair, remove, or demolish the building, the owner, lienholder, or mortgagee shall regularly submit progress reports to the code enforcement officer to demonstrate compliance with the time schedules established for commencement and performance of the work. The code enforcement officer will forward such reports to the commission. An order may require that the owner, lienholder, or mortgagee appear before the commission or the code enforcement officer to demonstrate compliance with the time schedules. If the owner, lienholder, or mortgagee owns property, including structures or improvements on property, within the municipal boundaries that exceeds $100,000.00 in total value, the commission 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 under this subsection. In lieu of a bond, the commission 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 commission. The bond must be posted, or the letter of credit or third-party guaranty provided, not later than the 30th day after the date the commission issues the order.
(i) 
Burden of proof.
In a public hearing to determine whether a building or structure complies with the standards set out in this article under this section, 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) 
Failure to comply with order.
If the building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time, town may vacate, secure, remove, or demolish the building or relocate the occupants at its own expense. This subsection does not limit the ability of town to collect on a bond or other financial guaranty that may be required by subsection (f) above. [sic]
(k) 
Collection of expenses and penalties.
If town incurs expenses under subsection (g) or assess civil penalties under 3.03.007(a)(5), town may assess the expenses or penalties on, and town 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 town for the expenses or pays the penalties. 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 town, and the balance due.
(l) 
Privileged lien.
If the notice is given and the opportunity to relocate the tenants of the building or to repair, remove, or demolish the building is afforded to each mortgagee and lienholder, the lien is a privileged lien subordinate only to tax liens.
(Ordinance 393-10-2024 adopted 10/14/2024)
(a) 
Pursuant to section 214.0011, town adopts the following minimum standards for the use and occupancy of buildings in town regardless of the date of construction of the building. A building or structure within town must not:
(1) 
Contain one or more interior walls or other vertical structural members that list, lean, or buckle to such an extent that a plumbline passing through the center of gravity falls outside of the middle third of its base;
(2) 
Exclusive of the foundation, show 33% or more damage or deterioration to the supporting member or members or 50% or more damage or deterioration to the nonsupporting enclosure or to outside walls or coverings;
(3) 
Have one or more improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used;
(4) 
Have been damaged by fire, wind, or other causes so as to have become dangerous to persons or property;
(5) 
Be so dilapidated, decayed, unsafe, or unsanitary, or utterly fail to provide amenities essential to decent living so that the structure is unfit for human habitation or likely to cause sickness or disease so as to cause injury to the health or welfare of those living therein;
(6) 
Have parts thereof which are attached in a manner that they may fall and injure persons or property;
(7) 
Have a foundation that is not so free of holes, cracks, buckling, crumbling, and defects as to support adequately the structure;
(8) 
Fail to have a floor, exterior wall and roof that is so free of holes, cracks and loose, rotten, warped or protruding boards necessary to protect the occupants of the structure reasonably from weather elements and from danger of collapse;
(9) 
Fail to have interior walls and ceilings that are so free of holes, cracks, loose plaster, loose and baggy wallpaper, defective materials, and structural deterioration as to reasonably serve their purpose and as to protect the occupants of the structure from danger of collapse and of fire; or
(10) 
Exist in violation of any provision of any applicable building code(s) of the town or any provision of the town's fire code or other ordinances of the town as such provisions relate to public health, safety, and welfare or the health, safety, and welfare of occupants.
(Ordinance 393-10-2024 adopted 10/14/2024)
(a) 
Town may secure a building town determines violates one or more of the minimum standards in section 3.03.010 and is unoccupied or is occupied only by persons who do not have a right of possession to the building.
(b) 
Before the 11th day after the date the building is secured, town 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 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 violation of the municipal standards that is present at the building;
(3) 
A statement that town 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 before the commission about any matter relating to town's securing of the building.
(d) 
The commission shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to town's securing of the building if, within 30 days after the date town secures the building, the owner files with the town secretary a written request for the hearing. The commission shall conduct the hearing within 20 days after the date the request is filed.
(e) 
If town incurs expenses under this section, town may assess the expenses on, and town 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 town 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 town, and the balance due.
(Ordinance 393-10-2024 adopted 10/14/2024)