All buildings or portions thereof which are determined to be substandard buildings, as defined in this article, are hereby declared to be a hazard to the health, safety and welfare of the citizens, and shall be abated by repair, vacation, rehabilitation, demolition or removal in accordance with the procedures specified in this article, by the city's historic preservation ordinance if applicable, by prosecution in municipal court, or as otherwise allowed by law or equity.
(Ordinance O-24-019 adopted 8/15/2024)
The building official shall inspect or cause to be inspected any building, structure or portion thereof which is or may be a substandard building.
(Ordinance O-24-019 adopted 8/15/2024)
After the building official has inspected or caused to be inspected a building, structure or portion thereof and has determined that such building, structure or portion thereof is a substandard building, he shall initiate proceedings to cause the abatement of the unsafe condition by repair, vacation, demolition or combination thereof.
(Ordinance O-24-019 adopted 8/15/2024)
(a) 
When it shall appear that a building or structure in the city is a substandard building under the terms of this article and that such building or structure or the manner of its use constitutes an immediate and serious danger to life or property, the condition shall be deemed a condition justifying the use of emergency measures, and the building and standards commission, or a majority of the building and standards commission, may, with the consent and approval of the city manager, order any of the following emergency measures to be taken:
(1) 
Immediate vacation of such building, structure and/or adjoining buildings or structures;
(2) 
Vacation of the danger area around such building or structure;
(3) 
Such emergency shoring-up and bracing of walls, roofs and supports as are required to render such building or structure safe;
(4) 
The destruction of such walls, roofs, and supports or the entire structure or so much thereof as cannot be braced or made secure with safety; or
(5) 
Posting of notices on or near such building or structure, or buildings or structures, notifying the public of such orders and ordering all persons to keep out of such building, buildings, structures or structure and the areas of danger surrounding it or them.
(b) 
When any of the above-mentioned measures are ordered to be taken, notice of such order shall be given as follows:
(1) 
Such order shall be directed to the owner of such substandard building or structure, or the owner's authorized representative, if the same shall be known. Where notification can be accomplished without increasing the danger to life or property, notice shall be given by personal service on the owner of the building or structure, or the owner's representative or by certified mail, return receipt requested;
(2) 
In the event that such notification would create such a delay as would materially increase the danger of life or property, then such notice need not be given.
(Ordinance O-24-019 adopted 8/15/2024)
(a) 
When it appears that a building or structure in the city is a substandard building, but that no necessity exists for instituting emergency procedures under section 6-133 of this article, the building official shall prepare and issue a notice of substandard building directed to the owner, mortgagee, registered agent or any lienholder of the building or structure found using a search of real property records of the county, appraisal district records of the county, records of the secretary of state, assumed name records of washington county, city tax records, and city utility records. The notice shall contain, but not be limited to, the following information:
(1) 
The street address or legal description of the building, structure or premises.
(2) 
A statement indicating the building or structure has been declared a substandard building by the building official, and a detailed report documenting the conditions determined to have rendered the building or structure a substandard building under the provisions of this article.
(3) 
The action required to be taken as determined by the building official.
(4) 
A notice of the date, place and time that the notice of substandard building is set for public hearing before the building and standards commission. The hearing notice shall include, but not be limited to, the following information:
"You are hereby notified that on the _____ day of __________ 20 _____, at _____ o'clock in the _____, at _____, a hearing will be held before the Building and Standards Commission to consider the Notice of Substandard Building of the Building Official regarding the property located at _____. You may choose to be represented by counsel. You may present evidence and will be given an opportunity to cross-examine all witnesses. You may request the issuance of subpoenas to compel witnesses to appear and for the production of other supporting data or documentation by filing a written request therefor with the Building and Standards Commission."
(5) 
A notice providing as follows:
"According to the Real Property Records of Washington County, you own or claim an interest in the real property described in this notice. If you no longer own or claim an interest in the property, you must execute an affidavit stating that you no longer own or claim an interest in the property and stating the name and last known address of the person who acquired the property or an interest in the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to the Building Official of the City of Brenham not later than the 10th day after the date that you receive this notice. If you do not send the affidavit, it will be presumed, pursuant to Tex. Local Gov't Code Ann. § 54.005, as amended, that you own or claim an interest in the property described in this notice, even if you do not."
(b) 
The notice of substandard building and all attachments thereto shall be personally delivered or mailed to any owner, mortgagee and lienholder of record, and posted on the premises in a conspicuous location on or before the tenth day before the date of the hearing before the commission panel. In addition, the notice must be published in a newspaper of general circulation in the city on one (1) occasion on or before the tenth day before the date fixed for the hearing.
(c) 
The notice of substandard building shall be either personally delivered or mailed by certified mail, postage prepaid, return receipt requested, to each person at the last known address of the person. If addresses are not available on any person required to be notified of the substandard building proceeding, the notice addressed to such person shall be mailed to the address of the building or structure involved in the proceedings. The failure of any person to receive notice shall not invalidate any proceedings under this article. Notification by certified or registered mail as herein described shall be effective on the date the notice was received as indicated on the return receipt. When the city mails a notice in accordance with this article to a property owner, mortgagee, lienholder, 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 on the third day (excluding Sundays) occurring after the date the notice was mailed.
(d) 
The building official shall file notice of a substandard building proceeding before the building and standards commission in the official public records of real property of the 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 proceeding. 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 proceeding on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice.
(Ordinance O-24-019 adopted 8/15/2024)
(a) 
Failure of any person to appear at the hearing set in accordance with the provisions of this article shall constitute a waiver of that person's right to a hearing on the notice of substandard building.
(b) 
The hearing shall offer all interested persons reasonable opportunity to be heard.
(c) 
A person may appear at the hearing in person or through an attorney or other designated representative.
(d) 
The building and standards commission, after hearing evidence from each interested party present, may:
(1) 
Find that the building or structure is not a substandard building and refer the matter to the building official for further appropriate action;
(2) 
Grant a variance in order to avoid the imposition of an unreasonable hardship;
(3) 
In the case of a single-family dwelling occupied by the owner, where the health, safety and welfare of other persons will not be affected, grant an exception to any provision of this article to avoid the imposition of an unreasonable hardship;
(4) 
Find that the building or structure is a substandard building and order the repair or other suitable remedy within a specified period of time and/or demolition of the structure if the repair and other suitable remedies are not timely effected; or
(5) 
Order the demolition of the building or structure within a specified period of time.
(Ordinance O-24-019 adopted 8/15/2024)
(a) 
The final decision of the building and standards commission shall be in writing and contain all findings of fact.
(b) 
After receipt of all competent evidence presented at a hearing, if the building and standards commission shall find a building or structure to be a substandard building, the building and standards commission shall enter its written order containing, but not limited to, the following information:
(1) 
The street address or legal description of the building, structure or premises.
(2) 
A statement indicating the building or structure has been declared a substandard building by the building and standards commission, and an account giving the conditions determined to have rendered the building or structure a substandard building under the provisions of this article.
(3) 
The action required to be taken as determined by the building and standards commission.
a. 
If the building or structure is to be repaired, the notice shall require that all necessary permits be secured and the work commenced within sixty (60) days and continued to completion within such time as the building and standards commission determines. The notice shall also indicate the degree to which the repairs must comply with the provisions of the building code of the city.
b. 
If the building or structure is to be demolished, the notice shall require that the premises be vacated within sixty (60) days, that all required permits for demolition be secured, and that the demolition be completed within such time as determined reasonable by the building and standards commission.
(4) 
A statement of additional reasonable time for the ordered action to be taken by a mortgagee or lienholder in the event the owner fails to timely take the ordered action.
(5) 
A statement advising that if the required action is not commenced within or completed by the time specified, the building will be ordered vacated and posted to prevent further occupancy until the work is completed, and the building official may cause the work to be done and all costs incurred charged against the premises and/or the owner.
(6) 
A statement advising that any owner, lienholder, or mortgagee of record may appeal the order by the building and standards commission to district court; and that such petition shall be in writing in the form specified by this article and shall be filed with the district court within thirty (30) calendar days after the date a copy of the final decision of the commission panel is personally delivered or mailed by first class mail with certified return receipt requested, or delivered by the United States Postal Service using signature confirmation service. In the event no timely appeal is filed in district court, the order of the building and standards commission is, in all respects, final and binding, and the failure to appeal in the time specified will constitute a waiver of all rights to an appeal.
(c) 
The final order of the building and standards commission shall be served on all persons entitled to receive the notice of substandard building in the proceeding and shall be served on such parties in the same manner specified for service of the notice of substandard building in section 6-134 of this article. In addition, an abbreviated copy of the order shall be published one (1) time in a newspaper of general circulation in the city within ten (10) calendar days after the date of the delivery or mailing of the copy, including the street address or legal description of the property; the date of the hearing, a brief statement indicating the results of the order, and instructions stating where a complete copy of the order may be obtained. Further, a copy of the order shall be filed in the office of the city secretary.
(Ordinance O-24-019 adopted 8/15/2024)
(a) 
A record shall be made of all hearings and proceedings. The method of recording shall be designated by the building and standards commission.
(b) 
The record of any hearing may, upon payment of the prescribed fees, be made available to any person on request.
(Ordinance O-24-019 adopted 8/15/2024)
The building and standards commission shall proceed with reasonable dispatch to conclude any matter before it, with due regard to the convenience and necessity of the parties involved.
(Ordinance O-24-019 adopted 8/15/2024)
(a) 
The building and standards commission may obtain the issuance and service of subpoenas for the attendance of witnesses or the production of evidence at the hearings. Subpoenas may be issued upon the request of any member of the building and standards commission or of an interested party.
(b) 
The issuance and service of subpoenas shall be in accordance with established law.
(c) 
Any person who refuses without legal excuse to respond to any subpoena lawfully issued and served may be prosecuted to the extent established by law.
(Ordinance O-24-019 adopted 8/15/2024)
(a) 
Hearings shall not be required to be conducted in accordance with the Texas Rules of Civil Procedure or the Texas Rules of Evidence.
(b) 
The building and standards commission may grant continuances for good cause.
(Ordinance O-24-019 adopted 8/15/2024)
(a) 
In any proceedings under this article any member of the building and standards commission shall have the power to administer oaths and affirmations and to certify official acts.
(b) 
Oral evidence shall be taken only on oath or affirmation.
(c) 
Relevant evidence shall be admitted if it is the type 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 courts.
(Ordinance O-24-019 adopted 8/15/2024)
The building and standards commission may inspect any building, structure or premises involved in the proceeding during the course of the hearing, provided the following are complied with:
(1) 
Notice of such inspection is given to the parties prior to making the inspection;
(2) 
The parties are allowed to be present during the inspection; and
(3) 
The commission shall state for the record, upon completion of the inspection, the facts observed and any conclusions drawn therefrom.
(Ordinance O-24-019 adopted 8/15/2024)
If the notice is not complied with nor an appeal filed within the allotted time, the building official shall file in the office of the county clerk of the county a certificate describing the premises, certifying that the building or structure is a substandard building and that the owner of record and any mortgagee or lienholders have been served, and stating the restrictions on the disposal of premises set out in section 6-144 of this article. This certificate shall remain on file until such time as the conditions rendering the building or structure a substandard building have been abated. At such time, the building official shall file a new certificate indicating that corrective action has been taken and the building or structure is no longer a substandard building.
(Ordinance O-24-019 adopted 8/15/2024)
No owner of any building or structure upon whom a notice has been served that violations of this article exist in such building or structure or on its premises shall sell, transfer, grant, mortgage, lease or otherwise dispose of such premises until compliance with such notice or order has been secured, or until such owner shall have furnished to the purchaser, transferee, grantee, mortgagee or lessee who is affected by the violations a true copy of such notice or order and at the same time shall have given adequate notification to the building official of his intent to enter into such transaction, including supplying the name and address of the person to whom the sale, transfer, grant, mortgage or lease is proposed. A purchaser who has been informed of the existence of any notice or order pursuant to this article shall be bound thereby.
(Ordinance O-24-019 adopted 8/15/2024)