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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)
All buildings that are required to be repaired under provisions of this subchapter shall be subject to all applicable sections of the International Building Code and International Property Maintenance Code as adopted by the city.
(Ord. 11012016-BUILDING, passed 11-1-2016)
Without limiting the power of the City Council to hereafter declare as public nuisances any other act, condition or thing by ordinance, the following specific acts, conditions and things are, each and all of them, hereby to be and constitute public nuisances:
(A) Any building or any portion thereof that is:
(1) Dilapidated, substandard or unfit for human habitation and a hazard to the public health, safety and welfare;
(2) Regardless of its structural condition, unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; or
(3) Boarded up, fenced or otherwise secured in any manner if:
(a) The building constitutes a danger to the public even though secured from entry; or
(b) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building.
(B) Any building that has any or all of the conditions or defects described in this section shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants is endangered:
(1) Whenever any door, aisle, passageway, stairway or other means of exit is not sufficient width or size or is not arranged so as to provide safe and adequate means of exit in case of fire or panic.
(2) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
(3) Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than 1 1/2 times the working stress or stresses allowed in the International Building Code or the city code for new buildings of similar structure, purpose or location.
(4) Whenever any portion of a building has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such a catastrophe and is less than the minimum requirements of the International Building Code or the city code for new buildings of similar structure, purpose or location.
(5) Whenever any portion of a building, or member or appurtenance thereof, is likely to fail, or to become detached or dislodged or to collapse and thereby injure persons or damage property.
(6) Whenever any portion of a building or any member, appurtenance or ornamentation on the exterior thereof, is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the International Building Code or the city code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the International Building Code or the city code for such buildings.
(7) Whenever any portion of a building has cracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to wind or earthquakes than is required in the case of similar new construction.
(8) Whenever the building or any portion thereof, is manifestly unsafe because of:
(a) Dilapidation, deterioration or decay;
(b) Faulty construction;
(c) The removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building;
(d) The deterioration, decay or inadequacy of its foundation; or
(e) Any other cause, or is likely to partially or completely collapse.
(9) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
(10) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.
(11) Whenever the building, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% or more damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.
(12) Whenever the building has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated as to:
(a) Become an attractive nuisance to children;
(b) Become a harbor for vagrants, criminals or immoral persons; or
(c) Enable persons to resort thereto for the purpose of committing unlawful or immoral acts.
(13) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by the building regulations of this jurisdiction, as specified in the International Building Code or International Property Maintenance Code or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.
(14) Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50%, or in any supporting part, member or portion less than 66% of the:
(a) Strength;
(b) Fire-resisting qualities or characteristics; or
(c) Weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.
(15) Whenever a building, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Enforcement Officer to be unsanitary, unfit for human habitation or in such a condition that it is likely to cause sickness or disease.
(16) Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Fire Marshal to be a fire hazard.
(17) Whenever any building is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.
(18) Whenever any portion of a building remains on a site after the demolition or destruction of the building or whenever any building is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
(19) Whenever water heating facilities are not properly installed or maintained in a safe and good working condition and/or such water heating facilities are not capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 122 degrees Fahrenheit. Such water heating facilities shall be capable of meeting the requirements of this section when the dwelling or dwelling unit heating facilities required under the provisions of this section are not in operation.
(20) Whenever any minimum standards provided by the International Building Code, the International Property Maintenance Code, the International Residential Code, the International Fire Code, the International Mechanical Code, the International Plumbing Code, the International Fuel and Gas Code or National Electrical Code, as amended, and as adopted by the City Council, are not met for any building.
(Ord. 11012016-BUILDING, passed 11-1-2016)
The minimum standards for the continued use and occupancy of all buildings, regardless of the date of construction thereof, shall be those established by the International Property Maintenance Code and the International Building Code as heretofore previously adopted or hereafter adopted or amended by the City Council, and those standards established by this subchapter. If a building fails to meet the minimum standards set forth herein, or if a building is a public nuisance as defined herein, the building shall be in violation of the minimum standards, and shall be subject to the order of the City Council.
(Ord. 11012016-BUILDING, passed 11-1-2016)
The Enforcement Officer shall learn and keep updated on legislative and judicial changes to the governing law related to substandard buildings. It is the Enforcement Officer's duty to educate and inform other city staff and the public about the city's substandard building ordinance, state law and the due process procedures available to a property owner engaged in an enforcement action. It is not, however, the duty or responsibility of the Enforcement Officer to provide legal advice, but instead should encourage legal questions be directed to a licensed attorney. It is also the duty of the Enforcement Officer to strictly apply the notice and notification provisions of this subchapter, always striving to locate and make aware, the true, legal property owner, lienholder, or other with rights to the property, to allow for compliance and abatement when possible. The Enforcement Officer shall also conduct or supervise the inspection of property subject to this subchapter and report back to the city with accurate, reliable evidence (including but not limited to photographs, videos, written complaints from neighbors, proof of attempts to earn compliance, etc.) of the conditions of the property subject to an enforcement of this subchapter. The Enforcement Officer, acting in good faith and without malice in the discharge of her duties, shall not thereby render herself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the Enforcement Officer, City Administrator, Code Enforcement Officer or their designees, because of such act or omission performed in the enforcement of any provisions of this subchapter, shall be defended by legal counsel provided by the city until final termination of such proceedings.
(Ord. 11012016-BUILDING, passed 11-1-2016)
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