Terms, words, phrases and their derivatives used, but not specifically defined in this Chapter, shall have the meanings defined in Chapters 54 and 214 of the Texas Local Government Code, and the International Building Code and International Properly Maintenance Code, as adopted by the city. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. For purposes of this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
BUILDING. Any real property, structure, premises or any portion thereof, including a vacant lot.
ENFORCEMENT OFFICER. The Code Enforcement Officer, Fire Marshal or Building Inspector, or their designated representatives, charged by the city with any enforcement and administration of this chapter.
INSPECTION. The examination of a building by the Enforcement Officer or his authorized representative for the purpose of evaluating its condition as provided for in this chapter.
MANIFESTLY UNSAFE. A building that is a public nuisance, as that term is defined in this section, or unsafe for human occupation, whether temporary or permanent, or a hazard to the public health, safety and welfare.
OCCUPANT. Any person who occupies a building and who is not the owner.
OWNER. Any person having a legal or equitable interest in a building as shown on the most recent tax roll.
PERSON. An individual, corporation, organization, government, business trust, partnership, association or any other legal entity.
PUBLIC NUISANCE.
(1) The physical condition or use of any building regarded as a public nuisance at common law or as defined elsewhere in the city’s code of ordinances;
(2) Any physical condition, use or occupancy of any building or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures;
(3) Any building that is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecure as to endanger life, limb or property;
(4) Any building from which the plumbing, heating and/or facilities required by the city’s code of ordinances have been removed, or from which utilities have been disconnected, destroyed, removed, or rendered ineffective, or the required precautions against unauthorized use or entry have not been provided;
(5) Any building that is in a state of dilapidation, deterioration or decay, faulty construction, overcrowded, open, vacant or abandoned, damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and dangerous to anyone on or near the building;
(6) Any physical condition, use or occupancy of any building or its appurtenances that is dangerous to the physical health or safety of an occupant or other person; or
(7) Because of violations of § 151.07 of this chapter, the state of disrepair is such that it could reasonably cause injury, damage, or harm to a considerable portion of the community in the use and enjoyment of property, materially interfering with the proper use or comfort and enjoyment of surrounding property, taking into consideration the nature and use of the properties in the area and the character of the community in which they are situated, which condition would be substantially offensive and annoying to persons of ordinary sensibilities living in the community.
(Ord. 2016-07, passed 4-19-2016)