Terms, words, phrases and their derivatives used, but not specifically defined in this section, shall have the meanings defined in the Texas Local Government Code Chs. 54 and 214, and the International Building Code and International Property Maintenance Code, as adopted by the city. Words used in the singular include the plural and the plural include the singular. Words used in the masculine gender include the feminine and the feminine the masculine. The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ACCESSORY STRUCTURE. A structure which is on the same parcel or property as a principal structure and the use of which is incidental to the use of the principal structure (e.g. a residential structure may have a detached garage or storage shed for garden tools as assessor structures.).
AGRICULTURAL STRUCTURE. Any building or structure which is used solely for farming or ranching uses. The term AGRICULTURAL STRUCTURE includes but is not limited to, barns, wind breaks, grain bins, cisterns or silos. An agricultural structure may exist on property with no other buildings or structures; not an accessory structure.
ATTRACTIVE NUISANCE. A condition, instrumentality or machine on premises, which is dangerous to young children because of their inability to appreciate the peril of the condition, instrumentality or machine and which may reasonably be expected to attract children to the premises.
BUILDING. A structure with walls and a roof, or a structure that was originally constructed with walls and a roof (e.g. a house, factory, but does not include any agricultural structure). Typically includes, but is not limited to residential or commercial structures and includes any accessory structures on the same property. The term BUILDING includes the term STRUCTURE.
CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED. The sending of a communication, notice, order or other correspondence utilizing the United States Postal Service mail which is certified and a signature is requested to confirm receipt of the mail.
ENFORCEMENT OFFICER. The city's Code Enforcement Officer, Fire Chief, Building Inspector, City Engineer, City Administrator or their designated representative, charged by the city with any enforcement and administration of this subchapter.
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 subchapter.
MAILED. A communication, notice, order or other correspondence sent through the United States Postal Service mail. Mail returned as "refused" or "unclaimed" does not affect the validity of the mailing and the mail is considered, for purposes of this subchapter, as being delivered.
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, or appraisal district data.
PERSON. An individual, corporation, organization, government, business trust, partnership, association or any other legal entity.
PERSONAL SERVICE. The delivery of a document in-person by hand-delivery to the named addressee or their attorney, if represented by counsel. Personal service may be achieved by a commissioned Texas peace officer, city marshal or certified process server through the Texas Judicial Branch Certification Commission.
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 code;
(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 or structure 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 code 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 or structure 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 structure or its appurtenances that is dangerous to the physical health or safety of an occupant or other person; or
(7) Because of violations of § 150.34 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. 11012016-BUILDING, passed 11-1-2016)