(A) Commencement of proceedings. Whenever the Building Official has inspected or caused to be inspected any building, and has found and determined that such building 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 in the manner described by division (A)(2) of this section, the Building Official shall commence proceedings to cause the repair, rehabilitation, vacation, removal or demolition of the building. The Building Official may seek an administrative search warrant to effect any such inspection.
(B) Issuance of notice. The Building Official shall issue a notice directed to the record owner of the building. The notice shall contain:
(1) The street address and description (legal or other) sufficient for identification of the premises upon which the building is located;
(2) A statement that the Building Official has found the building to be substandard, with a brief and concise description of the conditions found to render the building dangerous;
(3) A statement of the action required to be taken as determined by the Building Official;
(4) A requirement that the owner or person in charge of the building or premises secure required permits and commence the required action within 15 days from the date of such notice and that all work be completed within 90 days, or as the Building Official determines is reasonable;
(5) If the Building Official has determined that the building or structure must be vacated, the notice shall contain a requirement that the building be vacated within such time from the date of the notice as determined by him or her to be reasonable;
(6) A statement advising that, if any required repair or demolition work is not commenced within the time specified, the Building Official will, without further notice, order the building vacated and posted to prevent further occupancy until the work is completed; and
(7) A statement advising that, if any required repair or demolition work is not commenced or completed within the time specified, proceedings will be commenced to have the building repaired, removed or demolished and the cost of such assessed as a charge against the land.
(C) Service of notice. The notice and any amended notice shall be served upon the record owner.
(D) Method of service. Service of notice shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last tax roll of the city, or as known to the Building Official. If no address of any such person so appears or is known to the Building Official, then a copy of the notice and order shall be published twice within ten consecutive days in a newspaper of general circulation in the city. Failure to receive such notice or order shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner provided in this section shall be deemed effective on the date of mailing. Service by publication shall be deemed effective on the date of the second publication.
(E) Order to vacate. An order to vacate immediately may be issued only if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants.
(F) Posting. Every notice to vacate shall, in addition to being served as provided in division (D), be posted at or upon each exit of the building, and shall be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a Misdemeanor to Occupy this Building
or to Remove or Deface this Notice
Building Official
Town of Lakeside, Texas
(Ord. 418, passed 5-13-2021)