ARTICLE X: VACANT BUILDING REGISTRATION

Registration required.

Any person who owns a vacant building shall obtain and maintain a current and valid certificate of registration. A certificate of registration is required if any building on the premises is a vacant building. Affirmative defenses to this subsection include:

The building has been occupied in the preceding 90 days;

The building suffered damage or destruction from a fire, flood, storm, or similar event that was not the result of the actions of the owner and that rendered the building incapable of being occupied, the building was occupied at the time of the fire, flood, storm, or similar event, and fewer than 180 days have passed since the fire, flood, storm, or similar event occurred;

The building is in the process of being renovated, rehabilitated, repaired, or demolished pursuant to and with all necessary permits and has been occupied in the preceding 180 days;

The building is in the process of being repaired or demolished pursuant to an order of the building and standards commission or court order issued by a court of competent jurisdiction in a case in which the city is a party;

The building is currently marketed and advertised for lease or sale and has been occupied within the preceding 180 days; or

(6)

The building is owned by a government agency.

Registration application and issuance.

An owner of a vacant building shall submit to the city an application on a form supplied by the code enforcement director. The following information must be supplied on the application:

The name, street address, mailing address, e-mail address, and telephone number of the applicant;

The name, street address, mailing address, e-mail address, and telephone number of the owner or all owners of the vacant building;

If the owner is not an individual, the name, street address, mailing address, e-mail address, and telephone number of the managerial agent of the owner and a copy of the documents establishing the business;

The name, street address, mailing address, e-mail address, and telephone number of all mortgagees, lien holders, or other persons with a financial or legal interest in the vacant building;

All address numbers and names for the vacant building and all numbers for dwelling units or units located in the vacant building;

A description of the use of building, such as multi-family dwelling community, manufactured home community, hotel, automobile repair garage, office building, gasoline service station, or warehouse;

The number of vacant buildings on the premises and the square footage of each vacant building;

The number of pools, structures, dwelling units, units or accessory structures on the premises;

The last date that the vacant building was occupied;

A description of any hazardous materials, uses, or conditions that currently exist in the vacant building;

The number of tanks on the premises, including underground gasoline storage tanks;

The name, street address, mailing address, e-mail address, and telephone number of a person or persons to contact in an emergency as required by section 8-71 of this article;

Proof of insurance as required by section 8-73 of this article;

A sketch or diagram showing the configuration of the vacant building and premises which need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches;

Documentary evidence of payment of ad valorem taxes owed in connection with the vacant building or the premises on which it is located;

A vacant building plan as required by section 8-74 of this article; and

Additional information as the applicant wishes to provide the city or that the code enforcement director deems necessary to determine if the requested certificate of registration should be granted.

The applicant shall not provide a post office box as the address for the owner or emergency contact person on the application for a certificate of registration.

The applicant shall sign the application for the certificate of registration.

The applicant must notify the code enforcement director in writing of any material change in the information contained in the application for a certificate of registration within seven days of the change, including a change of ownership of the vacant building.

Issuance: The code enforcement director shall issue a certificate of registration to the applicant if the code enforcement director determines that:

All required fees have been paid to the city;

The applicant has submitted a complete application and has complied with all requirements for issuance of a certificate of registration; and

The applicant has not made a false statement as to a material matter in the application for the certificate of registration.

Transfer of certificate of registration prohibited.

A certificate of registration is not transferable to a new owner of the vacant building or to a vacant building on another premises.

Denial.

If the code enforcement director determines that the requirements of subsection (b)(5) of this section have not been met, the code enforcement director shall deny the certificate of registration to the applicant. The code enforcement director shall deliver written notice to the applicant that the certificate of registration has been denied and the basis for the denial.

(e)

Expiration and renewal.

A certificate of registration expires:

One year after the date of issuance;

Upon demolition of all vacant buildings on the premises pursuant to a valid demolition permit and removal of all demolition debris from the premises such that the premises is to grade;

When the ownership of the vacant building or premises changes; or

When the vacant building becomes legally occupied pursuant to a valid certificate of occupancy.

An owner shall renew a certificate of registration by making application in accordance with this section 8-69 and paying all fees described in section 8-70. A registrant shall apply for renewal of the certificate of registration at least 30 days but no more than 60 days prior to its expiration.

(f)

Revocation and reinstatement.

The code enforcement director shall revoke a certificate of registration if the:

Registrant fails to comply with any provision of the city ordinances or any state or federal law applicable to vacant structures or properties;

Registrant intentionally makes a false statement regarding a material matter in the application for the certificate of registration or in a hearing concerning the certificate of registration;

The vacant building plan is not approved by the code enforcement director pursuant to section 8-74 of this article; or

Registrant failed to pay a fee required by this article at the time the payment was due.

Prior to revoking the certificate of registration, the code enforcement director shall deliver written notice of the possible revocation, the basis of the revocation, and a statement that the registrant has 10 days after delivery to comply with the notice to prevent revocation.

Upon revocation of the certificate of registration, the code enforcement director shall send written notice of revocation, the basis of the revocation, and a statement informing the registrant of the right to appeal a revocation.

Once during a registration period, the code enforcement director may reinstate a certificate of registration of a vacant building if the basis of the revocation is remedied within 30 days of revocation.

(g)

Appeal of revocation or denial.

If the code enforcement director denies the issuance or renewal of a certificate of registration or revokes a certificate of registration, the action is final unless the registrant files a written appeal to the construction board of appeals within seven calendar days of delivery of the notice of revocation.

If a written request for an appeal hearing is filed with the code enforcement director within the seven-day period, the construction board of appeals shall hear the appeal within 30 days from the city's receipt of the appeal unless otherwise agreed by the city and the appellant.

Failure to file an appeal in accordance with this section is a waiver of appeal and the code enforcement director's decision shall be final.

The revocation of a certificate of registration is stayed pending appeal.

At the appeal hearing, the construction board of appeals is limited to affirming or reversing the denial or revocation based upon proof by the appellant that there was error as of the date of the revocation or denial. Subsequent repair, renovation, correction, or payment of a fee shall not form the basis of the board's decision. Otherwise, the appeal shall be handled in accordance with section 113 entitled "means of appeals" of the 2021 International Building Code or the most recently adopted International Building Code, as amended. The decision of the board is final as to administrative remedies, and no rehearing or appeal may be granted.

(h)

Presentation of certificate of registration.

The certificate of registration must be presented upon request to the code enforcement director, building official, or city employee or to a peace officer.

(Ordinance 2025-11062 adopted 2/6/2025)

§ 8-70 Registration fee.

Applicants for issuance or renewal of a certificate of registration shall pay a fee as established in the city's consolidated fee schedule.

The fee shall be paid at the time the initial application is filed and at the time each renewal application is filed with the code enforcement director.

For issuing a replacement or duplicate certificate of registration, registrants shall pay a fee as established in the city's consolidated fee schedule.

If the certificate of registration expires pursuant to section 8-69(e) less than six months from issuance and the registrant files a written request with the code enforcement director within 60 days of the expiration, the administrative fee will be prorated on a monthly basis and partially refunded to the registrant.

(e)

If the certificate of registration expires pursuant to section 8-69(e), no yearly inspection has been performed by the city, and the registrant files a written request with the code enforcement director within 60 days of the expiration, the inspection fee will be refunded to the registrant.

(Ordinance 2025-11062 adopted 2/6/2025)

§ 8-71 Emergency contact.

The owner shall designate an emergency contact person or persons who will be able to arrive at the premises on which a vacant building is located within one hour of being contacted by a city employee regarding an emergency at or in the vacant building or premises. An emergency includes a fire, serious police incident, natural disaster, or other condition that requires an immediate response to prevent adverse health impacts and risk substantial danger of injury to persons or property.

The designated emergency contact person shall be at least 21 years of age, be authorized by the owner to make decisions regarding the day-to-day supervision, management, and maintenance of the vacant building, and be capable of being contacted 24 hours a day and seven days a week.

§ 8-72 Inspections of vacant buildings.

In the application for the certificate of registration, the owner shall supply the name, street address, mailing address, e-mail address, and telephone number of the designated emergency contact person to the city.

(Ordinance 2025-11062 adopted 2/6/2025)

As a condition of obtaining and maintaining the vacant building registration, an applicant or registrant shall permit representatives of the city to inspect, at reasonable times and upon request, the interior of the vacant building to determine whether the vacant building complies with this article, any other city ordinance, or any state or federal law. An applicant or registrant also shall permit subsequent inspections, at reasonable times and upon request, until the noted violations have been remedied.

§ 8-74 Vacant building plan and inspections by the owner.

The code enforcement director shall inspect the interior and exterior of a vacant building at least once during each 12-month period.

(Ordinance 2025-11062 adopted 2/6/2025)

§ 8-73 Insurance required.

The owner shall maintain in full force and effect liability insurance during the registration period for the vacant building in an amount of not less than $1,000,000.00 for any vacant building. The policy shall designate the city as an additional insured and cover any loss or damage resulting from damage to persons or property resulting from the owner's supervision, management, and maintenance of the vacant building, the use of the building, or a condition of the vacant building. The insurance policy shall require notice to the code enforcement director within 30 days of the policy's lapse, cancellation, or change in coverage. The insurance policy must be written by an insurance company approved by the state and issued in a standard form approved by the Texas Department of Insurance. The owner shall provide a current certificate of insurance upon application, reinstatement, or renewal of the certificate of registration and every six months that the building is required to be registered pursuant to this article. Upon a reasonable request by the code enforcement director, the owner shall provide the code enforcement director such additional information and documents as are necessary to ensure compliance with this section.

(Ordinance 2025-11062 adopted 2/6/2025)

Vacant building plan required.

At the time that the owner applies for a certificate of registration or renewal of the certificate of registration, the owner shall submit to the code enforcement director a vacant building plan containing the following information:

The amount of time that the building is expected to remain vacant;

A plan and timeline for correcting all current violations of city ordinances and state and federal law at the building or its premises;

A plan for regular maintenance of the building during vacancy in compliance with city ordinances and state and federal law;

The measures that the owner will take to ensure that the vacant building is secured according to section 8-26(k) of the Code of Civil and Criminal Ordinances of the city;

The measures that will be taken to reduce the adverse impact on the properties surrounding the vacant building during the building's vacancy, including provisions for lighting, security patrols, alarm systems, and fire suppression systems or execution of a trespass affidavit, allowing peace officers to enforce criminal trespass laws at the property; and

(6)

The measures that the owner will take to monitor and inspect the vacant building and its premises on at least a weekly basis; such inspections must be performed by a person who is at least 21 years of age and authorized by the owner to make decisions regarding the day-to-day supervision, management, and maintenance of the vacant building.

Approval of plan by code enforcement director.

The vacant building plan submitted by the applicant must be approved by the code enforcement director, which approval may not be unreasonably withheld. The code enforcement director must approve or disapprove the vacant building plan within 10 working days of receipt.

Notification of change.

A registrant shall notify the code enforcement director in writing of any material change in the information contained in the vacant building plan within seven days of the change. Such change must be approved by the code enforcement director and may form the basis of a revocation of the certificate of registration.

§ 8-75 Removal of combustible materials from vacant building.

Inspection by the owner.

The owner of a vacant building shall monitor and inspect the vacant building and its premises on at least a weekly basis; such inspections must be performed by a person who is at least 21 years of age and authorized by the owner to make decisions regarding the day-to-day supervision, management, and maintenance of the vacant building. If within 14 days of the city observing that a vacant building, for which a vacant building plan has been filed, is unsecured or that weeds remain uncut or litter remains on the property in violation of city ordinances, there is a presumption that the owner has failed to inspect the vacant building and its premises on a weekly basis.

(Ordinance 2025-11062 adopted 2/6/2025)

The owner of a vacant building shall maintain the interior of the vacant building or vacant portion of the building free from refuse, garbage, industrial waste, trash, rubbish, or combustible material.

(Ordinance 2025-11062 adopted 2/6/2025)

§ 8-76 Result of issuance of a certificate of registration of a vacant building.

Upon issuance of a certificate of registration of a vacant building, the building official shall revoke the certificate of occupancy for the vacant building.

(Ordinance 2025-11062 adopted 2/6/2025)

§ 8-77 Notices by city.

A notice required to be given by the city pursuant to this article is deemed to have been delivered by the city on the date that it is hand delivered to the applicant/registrant or three days after the date the notice is placed in the United States mail to the address provided by the applicant/registrant in the application for the certificate of registration.

(Ordinance 2025-11062 adopted 2/6/2025)

§ 8-78 Authority of code enforcement director.

The code enforcement director shall implement and enforce this article and may establish in writing such policies, regulations, or procedures, not inconsistent with this article as the code enforcement director determines are necessary to discharge any duty under or to affect the policy of this article.

(Ordinance 2025-11062 adopted 2/6/2025)

§ 8-79 Penalty and remedies.

A person who violates a provision of this article or fails to perform an act required of the person by this article commits an offense.

A person commits a separate offense each day or portion of a day during which the violation is committed, permitted, or continued.

An offense under this article is a strict liability offense and the culpable mental state required by the Texas Penal Code is hereby specifically negated and clearly dispensed with for the commission of an offense under this article.