The designation of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation and placarding of the unfit dwellings or dwelling units shall be carried out in compliance with the following requirements.
(A) Dangerous structures. Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and declared to be a nuisance and shall be so designated and placarded by the Housing Official:
(1) One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public; or
(2) One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or the public.
(B) Form of notice.
(1) Whenever the Building Inspector has declared a dwelling as unfit for human habitation and constituting a nuisance, he or she shall give notice to the owner of the declaration and placarding of the dwelling or multi-family dwelling as unfit for human habitation.
(2) The notice shall:
(a) Be in writing;
(b) Include a description of the real estate sufficient for identification;
(c) State that if the repairs, reconstruction, alterations, removal or demolition are not voluntarily completed within the stated time as set forth in the notice, the Building Inspector shall institute legal proceedings charging the person or persons, firm, corporation or agent with a violation of this code.
(C) Service of notice. Service of notice of violation shall be as follows:
(1) By delivery to the owner personally, or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion; or
(2) By depositing the notice in the United State Post Office addressed to the owner at his last known address with postage prepaid thereon; and
(3) By posting and keeping posted for 24 hours a copy of the notice in a conspicuous place on the premises to be repaired.
(D) Occupancy of dwellings.
(1) No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until approval is secured and the placard is removed by the Building Inspector.
(2) The Building Inspector shall remove the placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
(E) Removal of placard or notice.
(1) No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in division (D) above.
(2) A person who violates this provision by defacing or removing the placard is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted.
(3) Each offense, upon conviction, is punishable by a fine of not less than $50 nor more than $250.
(F) Housing Board of Adjustments and Appeals.
(1) After the notice is posted, a date for a public hearing before the Housing Board of Adjustments and Appeals shall be set.
(2) Notice of this hearing shall be sent by certified mail, return receipt requested, to the last known owner of the property at least ten days prior to the date of the public hearing.
(3) This notice of public hearing shall also state the defects of the structure which caused the building or structure, or portion thereof, to be unsafe, unsanitary or unfit for human habitation.
(4) At the public hearing the owner shall have the right to appear and present evidence concerning the condition of the building or structure; the work, if any, required to render the building or structure safe, sanitary or fit for human habitation; or a reasonable time schedule for completing any of this work.
(5) Following the public hearing, the Housing Board of Adjustments and Appeals shall issue an order either finding the building to be safe, sanitary and fit for human habitation or setting forth the repairs and improvements necessary to make the building or structure, or portion thereof, safe, sanitary and fit for human habitation and the time schedule for accomplishing the repair of the defects or recommending to the City Council that the building be demolished.
(6) This order shall be sent by first class mail to the last known property owner within ten days of the public hearing.
(7) If the order recommends demolition, it shall state the date of the City Council meeting at which the matter will be considered.
(8) In those cases, the demolition order will be mailed at least 15 days before the City Council meeting at which the matter will be considered.
(9) If the order recommends that the building be repaired, at the conclusion of the period of time stated in the order for completion of the repairs the matter will again be reviewed by the Housing Board of Adjustments and Appeals.
(10) The owner will be given notice of this consideration by first class mail. Following this hearing, the Housing Board of Adjustments and Appeals shall enter any additional order which it determines necessary to cause the building or structure, or portion thereof, to become safe, sanitary and fit for human habitation, or to have the building or structure demolished.
(G) Action by City Council.
(1) If the Housing Board of Adjustments and Appeals recommends demolition of the structure or building, it shall have the matter placed on the agenda of a meeting of the City Council for further action.
(2) The City Council shall either order demolition of the building or structure or refer the matter back to the Housing Board of Adjustments and Appeals for further action directed toward obtaining compliance with this code.
(3) If the City Council orders the demolition of the building or structure, it shall enter a written order of demolition.
(4) A copy of this order shall be sent by first class mail to the property owner, agent or person in control of the structure.
(5) The order may provide that the building or structure be demolished immediately by a licensed contractor employed by the city.
(6) It shall be the responsibility of the Building Inspector to carry out the terms and conditions of the demolition order.
(7) In so doing, he or she is authorized to contract the work at city expense.
(8) The Building Inspector shall prepare a certified statement of charges incurred by the city to repair or demolish the building or structure.
(9) All costs of demolition or repairs shall be at the personal obligation of the person who owns the building at the time the demolition order was issued and shall also be assessed as a lien against the land.
(10) An affidavit of lien shall be filed with the Van Zandt County Clerk and a demand for payment issued to the owner.
(11) If timely payment does not follow the issuance of the demand, the City Attorney is authorized to bring a legal action for foreclosure of the lien and for a judicially authorized sale of the property to pay demolition costs.
(12) Any money received at the sale of the property in excess of demolition costs and costs of sale shall be credited to the owner of the property.
(H) Notice prior to sale. Before selling any building, structure or portion thereof, upon which a notice has been posted pursuant to division (B) above, the owner is required to give the following notices in writing:
(1) To the buyer, a notice stating:
“The Building Inspector of the City of Canton as determined that the building on (Lot and Block) (Street Address) is unsafe for occupancy. Occupancy of this building is prohibited and administrative proceedings are in progress to require repair or demolition of this building to be accomplished at the expense of the owner.”
(2) To the City Building Inspector, P.O. Box 245, Canton, Texas, 75103, a notice stating:
“I am selling the property located (Lot And Block) (Street Address) to (Name of Buyer) whose address is (Mailing address and street address). The date of the sale is (Month, day and year).”
(3) If the owner fails to give the notices required by this section, he or she shall be deemed guilty of a misdemeanor and upon conviction be punished by a fine of not more than $1,000.
(Ord. 91-5, passed 4-16-1991; Ord. passed - -)