SUBSTANDARD STRUCTURES

§ 91.50 UNSAFE BUILDINGS.

   All buildings or structures which are unsafe, unsanitary, unfit for human habitation, not provided with adequate egress, or which constitute a fire hazard, otherwise dangerous to human life or which constitute a hazard to the safety, health or welfare of the public, by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are considered unsafe buildings. All buildings in violation of the International Property Maintenance Code, as amended, shall constitute prima facia evidence that the building or structure is unsafe. All such unsafe buildings in the city limit and extra territorial jurisdiction are hereby declared a public nuisance and illegal and shall be abated by repair, rehabilitation or by demolition.

(Ord. 2017-07-02, passed 2-7-2017)

§ 91.51 UNOCCUPIED BUILDINGS.

   Any or all buildings regardless of structural condition, which are unoccupied by the owners, lessees, or other invitee(s) and are unsecured or inadequately secured from unauthorized entry to the extent that they 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 otherwise constitute a danger to the public are considered unsafe. All such unsafe buildings in the city limit and extra territorial jurisdiction are hereby declared a public nuisance and illegal and shall be abated by repair, rehabilitation or by demolition.

(Ord. 2017-07-02, passed 2-7-2017)

§ 91.52 [RESERVED].

§ 91.53 NOTICE OF VIOLATION.

   (A)   Whenever it is determined that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, notice of such alleged violation shall be given to the owner, lienholder, or mortgagee and such alleged violations shall constitute a nuisance.

   (B)   The notice shall contain:

      (1)   The date, time, and location of the hearing before the Planning and Zoning Board; and

      (2)   A statement that the owner, lienholder, or mortgagee will be required to submit proof, at the hearing, of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work.

   (C)   Prior to conducting the hearing before the Planning and Zoning Board the city will make an effort to locate each lienholder and mortgagee having an interest in the building or in the property on which the building is located and give them a notice of and an opportunity to comment at the hearing.

   (D)   The city may file notice of the hearing in the official public records of real property in Caldwell or Guadalupe County.

(Ord. 2017-07-02, passed 2-7-2017)

§ 91.54 INITIAL HEARING.

   (A)   The Planning and Zoning Board may require the owner, lienholder, or mortgagee of the building to, within 30 days, secure the building from unauthorized entry or to repair, remove, or demolish the building, whichever is applicable, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days. The city will furnish a copy of the order to any lienholders or mortgagees in the event the owner fails to timely take the ordered action.

   (B)   The Planning and Zoning Board may allow the owner, lienholder, or mortgagee more than 30 days to repair, remove or demolish the building. If the Planning and Zoning Board allows the owner, lienholder, or mortgagee more than 30 days to repair, remove or demolish the building, the Planning and Zoning Board shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder, or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed. The city will furnish a copy of the order to any lienholders or mortgagees in the event the owner fails to timely take the ordered action.

   (C)   The Planning and Zoning Board may not allow the owner, lienholder, or mortgagee more than 90 days to repair, remove, or demolish the building or to fully perform all work required to comply with the order unless at the hearing the owner, lienholder, or mortgagee submits a detailed plan and time schedule for the work at the hearing and establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.

   (D)   If the Planning and Zoning Board allows the owner, lienholder, or mortgagee more than 90 days to complete any part of the work required to repair, remove, or demolish the building, the Planning and Zoning Board shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the city Building Official to demonstrate that the owner, lienholder, or mortgagee has complied with the time schedules established for commencement and performance of the work. The city will furnish a copy of the order to any lienholders or mortgagees in the event the owner fails to timely take the ordered action.

(Ord. 2017-07-02, passed 2-7-2017)

§ 91.55 BURDEN OF PROOF AT INITIAL HEARING.

   In the hearing to determine whether a building complies with the standards set out in the building regulations of this city code, the owner, lienholder, or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with the housing code and the time it will take to reasonably perform the work.

(Ord. 2017-07-02, passed 2-7-2017)