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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)
(A) Inspection. Whether by personal observation of the Enforcement Officer, an individual's complaint to the city, referral by the Fire or Police Chief, or otherwise a building is suspected of being substandard under this subchapter, an inspection shall be performed and/or supervised by the Enforcement Officer. The inspection may be performed by the Enforcement Officer, a licensed and trained building inspector, the City Engineer, Fire Chief or other trained to review and determine compliance with the laws of the state, the city's ordinances and the various applicable building codes adopted by the city.
(B) Inspection report. Within 15 days of the completion of the inspection provided for in division (A), the Enforcement Officer shall prepare or have prepared an inspection report. The report shall include a comprehensive list of violations which support that the building is substandard under this subchapter. The individual violations shall cite the law or code being violated, in order to provide notice to the city and property owner of the specific violation(s). The report should also include, for Council review, at least two estimates of what it would potentially cost to rehabilitate the substandard building to code compliance or to demolish and haul off the substandard structure. And, the report shall include the name(s) of all individuals with a right of ownership to the property after a thorough search of all who could have an interest in the land. This search should include researching central appraisal district data, county land deed records, online property interest searches, speaking with parties knowledgeable about the property's ownership and any other methods designed to identify all who have a right of ownership to the property. The report shall then be filed with the City Secretary's office, with a copy being provided to the City Administrator for review and action.
(C) Compliance request letter. The City Administrator and Enforcement Officer, within ten days of the filing of the inspection report provided for in division (B), have the option to mail a letter, certified mail with return receipt requested to the property owner requesting compliance and providing a full copy of the inspection report, in lieu of proceeding directly to a substandard building determination hearing. If sending a compliance request letter, the letter shall provide a copy of this subchapter providing the property owner notice of the procedures and policies for substandard building determinations in the city. The letter shall also inform the property owner that if the property does not achieve full and complete compliance, addressing the entire list of violations provided in the inspection report, within 30 days that a substandard building determination hearing will be scheduled.
(D) Substandard building determination hearing notice. If the Enforcement Officer, in their discretion, does not believe there is time for compliance as provided for in division (C) and determines that a nuisance exists that requires the vacation, securing, repair or removal of a building, structure or nuisance condition on a property or the relocation of the occupants of a property, the Enforcement Officer shall:
(1) Provide notice of the nuisance to the property owner, mortgagee, lienholder or other with a right to the property as well as any known tenant or occupant by personal service or by mailing the notice by certified mail return receipt requested. A copy of the same notice shall also be mailed by regular United States Postal Service mail to the same list of people sent certified mail return receipt requested. The city satisfies the requirements of this subchapter to make a diligent effort, to use its best efforts, or to make a reasonable effort to determine the identity and address of a property owner, lienholder, mortgagee or tenant if the city searches the following records:
(a) County real property land records;
(b) County appraisal district records;
(c) Records of the Secretary of State;
(d) Assumed name records of the county; and
(e) Utility records for the property.
(2) Provide detail in such notice of the standard(s) violated under this subchapter and the necessary action to abate the nuisance; a copy of the Enforcement Officer's inspection report;
(3) Advise such property owner, lienholder, mortgagee, tenant or occupant of the date, time and place of the substandard building determination hearing at which a determination will be made by the City Council as to whether the nuisance exists and whether the real property, building, structure, premises or any portion thereof complies with the standards of this subchapter;
(4) Include a statement in such notice that the property owner, lienholder, or mortgagee will be required to submit proof of the scope of any work that may be required to comply with this subchapter and the time it will take to reasonably perform the work.
(E) Date of hearing. The date of the substandard building determination public hearing before the City Council shall not be fewer than 30 days from the date of the personal service of the substandard building determination public hearing notice or deposit of the same in the United States Postal Service mail, certified mail return receipt requested, whichever is earliest.
(F) Hearing notice to be filed with land records. The City Secretary shall file any substandard building determination public hearing notice in the county real property records at least ten days before the date of the public hearing. The filing of notice of the substandard building determination public hearing shall be binding upon subsequent grantees, lienholders or other transferee of any interest in the property who acquire such interest after the filing of the notice and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice. The substandard building determination hearing notice filed with the county real property records shall contain:
(1) The name and address of the property owner of the affected real property, if that information can be determined from a reasonable search of the instruments on file with the County Clerk;
(2) A legal description of the property; and
(3) A description of the hearing.
(G) Conduct of hearing. The City Council shall conduct the substandard building determination hearing to determine compliance with the standards set out in this subchapter. This hearing shall be open to the public and strictly comply with the Texas Open Meetings Act. At the beginning of the hearing and before the public comments on the issue are heard, the Enforcement Officer and/or City Administrator shall provide a detailed description of the problems and violations associated with the property in question; briefing the City Council and public on the situation. This briefing shall include and incorporate the findings of the Enforcement Officer's inspection report, any photo/video/audio evidence collected during the city's inspection and investigation of the property and the specific issues or violations related to the property that lead to the Enforcement Officer or City Administrator's belief that the City Council should determine the building to be substandard. Then, the City Council shall open the discussion to the public hearing from any party wishing to speak for or against the substandard building determination. Any person, not the property owner, a lienholder, mortgagee, or tenant of the property shall be limited to five minutes speaking time. Upon a discussion of interested third parties, the City Council shall then give the property owner, lienholders, mortgagees and tenants or occupants of the property to speak and present any proof or evidence in support of their position. At hearing, the burden of proof is on the property owner, lienholder, or mortgagee to demonstrate the scope of any work that may be required to comply with this subchapter and the time it will take to reasonably perform the work.
(H) Orders and notice after hearing.
(1) If, after conducting a substandard building determination hearing, the City Council finds that a building is in violation of the standards set out in this chapter, the City Council shall require the property owner, lienholder or mortgagee of the building to, within 30 days:
(a) Secure the building from unauthorized entry; or
(b) Repair, remove or demolish the building unless the property owner, mortgagee or lienholder establishes at the substandard building determination hearing that the work cannot reasonably be performed within 30 days. If the City Council allows the owner, lienholder or mortgagee more than 30 days to repair, remove or demolish the building, the City Council shall establish specific time schedules for the commencement and performance of the work and shall require the property owner, lienholder or mortgagee to secure the building in a reasonable manner from unauthorized entry while the work is being performed. The City Council may also order that occupants of the building be relocated within a reasonable time.
(2) The City Council may not allow the property owner, lienholder or mortgagee more than 90 days to complete any part of the work required to comply with the order unless the property owner, lienholder or mortgagee has:
(a) Submitted at the substandard building determination hearing a detailed plan and time schedule; and
(b) Establishes at the substandard building determination hearing that the work cannot be reasonably completed within 90 days because of the scope and complexity of the work. If the City Council allows the property owner, lienholder or mortgagee more than 90 days to complete any part of the work required to repair, remove or demolish the building, the City Council shall require the property owner, lienholder or mortgagee to regularly submit progress reports to the City Council through the Enforcement Officer to demonstrate compliance with time schedules established for commencement and performance of the work and may require the property owner, lienholder or mortgagee appear before the Enforcement Officer, the City Council or their designees, to demonstrate compliance with the time schedules. If the property owner, lienholder or mortgagee owns property, including structures or improvements on property, within the city's boundaries that exceeds $100,000 in total value, the City Council may require the owner, lienholder or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing a building under this subchapter. In lieu of a bond, the City Council may require the property owner, lienholder or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party approved by the City Council. The bond must be posted, or the letter of credit or third-party guarantee provided, not later than the thirtieth day after the date the city issues the order.
(3) Within ten days after the date the order is issued, the city shall:
(a) File a copy of the order in the office of the City Secretary; and
(b) Publish in a newspaper of general circulation in the city a notice containing:
1. The street address or legal description of the property;
2. The date of the hearing;
3. A brief statement indicating the results or the order; and
4. Instructions stating where a complete copy of the order may be obtained.
(4) After the hearing, the city shall promptly mail by certified mail with return receipt requested, deliver by the Unites States Postal Service using signature confirmation service or personally deliver a copy of the order to the property owner of the building and to any lienholder or mortgagee of the building. The city shall use its best efforts to determine the identity and address of any property owner, lienholder or mortgagee of the building.
(5) If the building is not vacated, secured, repaired, removed or demolished, or the occupants are not relocated within the allotted time, the city may vacate, secure, remove or demolish the building or relocate the occupants at its own expense. This division does not limit the ability of the city to collect on a bond or other financial guarantee that may be required by division (H)(2)(b).
(I) Repair, vacation or demolition. The following standards shall be followed by the City Council in ordering the repair, vacation or demolition of any building, and any building declared a nuisance under this subchapter shall be made to comply with one or more of the following:
(1) The building shall be repaired in accordance with the building codes adopted by the city and in effect at the time of the repair applicable to the type of substandard conditions requiring repair.
(2) Repairs shall be deemed feasible only if less than 50% of the building must be repaired or replaced and the repairs amount to less than 50% of the building's value.
(3) If the building is in such a condition as to make it dangerous to the health, safety and welfare of the occupants, it shall be ordered vacated and secured from unlawful entry.
(4) If the building requires repairs over greater than 50% of its surface or amounting to greater than 50% of its value, it shall be demolished. Further, if a building cannot be repaired so that it will be brought into compliance with this subchapter, it shall be demolished. Additionally, if the building as it stands presents an incurable fire hazard in violation of the terms of this chapter or any ordinance of the city or law of the state, it shall be demolished. For the purpose of this subchapter, the term "demolished" includes the cleaning and grading of the building and the removal of all debris and trash.
(5) If the building is not vacated, secured, repaired, removed or demolished or the occupants are not relocated within the allotted time, the city may vacate, secure, remove or demolish the building or relocate the occupants at its own expense, and may thereafter assess expenses and establish a lien against the property, as set forth in § 150.39(C) of this subchapter.
(6) If, after the expiration of the time allotted under division (H) of this section, the property owner, lienholder or mortgagee fails to comply, the city may repair or cause the repairs necessary to bring the building into compliance with this subchapter and only if the building is a residential building with ten or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds the minimum standards, as defined by this subchapter, and expenses may be assessed as provided in § 150.39(A) of this subchapter.
(Ord. 11012016-BUILDING, passed 11-1-2016)
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