The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Allowed use table:
A table that can be found in Chapter 14 of the Brady Code of Ordinances that sets the parameters for what uses are allowed in each zoning classification (section 14.02.091).
Building:
Any enclosed structure designed for use as a habitation or for a commercial use, including engaging in trade or manufacture.
City Building Official or building official:
The designated building official for the city or his or her designated representative.
City Council or Council:
The city council of the city.
City Manager:
The chief administrative officer designated by ordinance, or by his or her designated representative.
City Staff:
The officers, employees and agents of the city assigned and designated from time to time by the city manager and/or council to review, comment, and/or report on issues with the enforcement of this article.
Owner:
The person that owns the property on which a building is located, according to the real property records of the county; or the records of the appraisal district.
Secured:
That all accessible means of ingress and egress to the vacant structure, including but not limited to all exterior doorways and windows are locked as to prevent unauthorized entry by vagrants and criminals.
Unit:
A part of a building distinctly separated from other spaces within the building. It must be directly accessible from an outer door or through an interior door in a shared hallway rather than by walking through another building space.
Vacant structure:
That all lawful commercial activity at the building has ceased, or reasonably appears to have ceased, for 150 days; or the building contains more than three units (single building subdivided for multiple businesses), 75 percent or more of which have not been used lawfully, or reasonably appear not to have been used lawfully, for more than 150 days. Vacant structures have a water account but is not active.
(Ordinance 1393 adopted 5/6/2025)
This article shall apply to all commercial vacant structures, which are now in existence or which may hereafter be constructed or converted from other uses which are in the city limits.
(Ordinance 1393 adopted 5/6/2025)
(a) 
An owner is required to register their building as vacant when the property is not currently in productive use subject to the adopted Allowed Use Table, including having active water and power service. A person commits an offense if the person owns a vacant building and fails to register within ninety (90) days from the date that written notice is issued by the city building official to the owner. Written notice shall be issued to the vacant structure owner by means of personal service, by first class mail to his/her last known address according to McCulloch County Appraisal District records or by posting on the property.
(b) 
Upon issuance of notice to register the vacant structure, the owner shall submit a registration application with the city building official. The registration application shall be submitted on forms provided by the city. The registration application shall include the following information supplied by the applicant:
(1) 
The address and legal description of the property.
(2) 
Name, mailing address, telephone number, and email address of all owners. Corporation or corporate entities shall submit the same information pertaining to their registered agent.
(3) 
Name, address and telephone number for any third party who the owner has entered into a contract or agreement with for property management.
(4) 
Name and address of all known lienholders, tenants and all other parties with an ownership or possessory interest in the structure.
(5) 
Name, address and telephone number of a person to contact in an emergency.
(6) 
Proof of comprehensive liability insurance for the property, of no less than $500,000.00 for damages and personal injury, or $100,000.00 for personal injury in any one accident and a surety bond for the value of the structure if insurance for the structure cannot be obtained. Said value shall be the appraised value as determined by the McCulloch County Appraisal District. This subsection is not applicable to single-family residential structures. The insurance required herein shall remain in full force and effect at all times during the registration term. Such insurance coverage shall specifically name the city as additional insured. The insurance coverage shall cover all perils arising from the activities relative to this agreement. A registration applicant shall be responsible for any deductibles stated in the policy and shall not cause such insurance or bond to be cancelled nor permit such insurance or bond to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be cancelled, reduced, restricted, or otherwise limited until forty-five (45) days after city has received written notice as evidenced by return receipt of registered or certified mail.
(7) 
Complete a vacant building plan containing a plan of action and timeline for correcting all existing violations, maintaining the building while vacant, renovating or repairing the building, occupying or selling the building, and/or demolition of the building. The vacant building plan must be updated every six (6) months that the building is required to be registered.
(8) 
Provide the number of buildings, dwelling units, swimming pools, spas, located in or on the premises of the vacant building and the total area in square feet of the building, the number of stores contained in the vacant building and the total area in square feet of each story, and whether each story is above or below ground level and any other information reasonably necessary for use by which first responders in the event of a fire or other catastrophic event.
(9) 
Property owner shall post "No Trespass" signs on the property front door or window.
(10) 
Vacant structure owners shall provide written notice to the city building official, including a copy of the deed, of a change in ownership of the property and/or contact information for either the owner or the designated manager. Written notice shall be provided to the city no later than 30 days after said changes have occurred.
(c) 
Continued annual registration (from the original date of vacancy) of the property by the vacant structure owner is required until said structure is deemed occupied and in compliance with all relevant code requirements by the city building official.
(d) 
The vacant property will be reviewed biannually by the city building official and the code enforcement officer or his/her designee for compliance with this section 3.09.003 of this article.
(e) 
The results of the review by the city building official and the code enforcement officer or his/her designee may require the owner employ a structural engineer to determine the existence of structural damage.
(Ordinance 1393 adopted 5/6/2025)
(a) 
An owner of a vacant structure must designate a local manager for said structure and include the relevant contact information for the designated manager upon registering the property with the city. Property managers shall act as agents for the property owner for purposes of accepting legal service, however the vacant property owner remains personally liable in criminal prosecution for code violations.
(b) 
The property manager or agent must be available at the number listed at all times in the event of an emergency or catastrophe. For all vacant properties except for single-family residential structures; the name and telephone number of the property manager or agent must be posted at the front of the building, in large, legible print.
(Ordinance 1393 adopted 5/6/2025)
(a) 
The standard of care for all vacant structures shall be in accordance with the currently adopted International Building Code and any and all requirements of chapter 3 of the Code of Ordinances and amendments thereto. Failure to maintain the vacant structure to the standard of care specified by the city is a violation of this article. Neighboring businesses are encouraged to report vacant buildings/buildings in disrepair to the city code enforcement official in action.
(b) 
Commercial buildings which exhibit evidence of vacancy shall be maintained as to the appearance of evidence of occupancy by:
(1) 
Maintaining the exterior of the property in good order including cleaned windows, a lit interior light at night with the view into the first floor to be easily viewed by police to maintain security on the premises, and facade materials maintained in a good state of repair to include no peeling paint, missing mortar, and rusted metal and the like.
(2) 
All floor windows installed with clean solid glass and upper story windows shall have glass, secure-vue, plexi-glass or painted half-inch plywood installed and secured within each window opening.
(Ordinance 1393 adopted 5/6/2025)
(a) 
The pendency of a real, heritable tax foreclosure proceeding does not exempt the owner from payment of the vacant property registration or renewal fee. Only upon issuance of a final judgement of foreclosure by the court will the record owner be relieved from payment of the registration or renewal fee as of the day the final judgment or foreclosure is issued.
(b) 
The financial inability of the owner to pay the registration or renewal fee does not rise to the level of "indigent" for the consideration of exemption.
(c) 
The filing of bankruptcy petition does not relieve the owner from payment of the vacant property registration or renewal fee unless there is a specific statutory guideline that would otherwise exempt the owner from payment of the fees.
(d) 
No owner of a vacant property will be exempt from payment of the vacant property registration or renewal fee if the owner has past due municipal fees or if there are municipal liens on the vacant property.
(Ordinance 1393 adopted 5/6/2025)
An owner or an owner's agent may apply for an exemption to the registration fee on an annual basis. The city shall issue the exemption provided herein upon a finding that the applicant has complied with all requirements for issuance of an exemption and the applicant has not made a false statement as to the material matter in the application. A fee waiver is only valid for twelve (12) months.
(1) 
A vacant building which has suffered fire damage or damage caused by extreme weather conditions may be exempt for a period of one (1) year from the date of the fire or extreme weather event.
(2) 
A property owner who is determined to be indigent by the city must register the property and is otherwise subject to this article but shall be exempt from the registration fees.
(3) 
A property owner who has obtained a building permit and is progressing in an expedient manner to prepare the premises for occupancy must register the property and is otherwise subject to this article but shall be exempt from the registration fees.
(4) 
Single-family residential structures are exempt from registration and registration fees.
(Ordinance 1393 adopted 5/6/2025)
Any person, firm, or corporation who shall violate any of the provisions or terms of this article, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of a misdemeanor and upon conviction shall be subjected to a fine not to exceed the sum of five hundred dollars ($500.00) for each offense, in which event the penalty shall be fixed by state law and if deemed a violation of any provision which governs fire safety, zoning or public health or sanitation shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense. Each day the violation exists shall be deemed to constitute a separate offense. The penalty provided herein shall be in addition to any other enforcement remedies that the city may have under city ordinance and/or state law. Nothing herein shall preclude the city from taking administrative or civil action as may be permitted by law.
(Ordinance 1393 adopted 5/6/2025)