(A) Dangerous premises defined. All premises, buildings or structure which have any or all of the following defects shall be deemed DANGEROUS PREMISES:
(1) Those buildings or structures whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base;
(2) Those buildings or structures which, exclusive of the foundation, show 33% or more of damage or deterioration of the supporting member or members, or 50% of damage or deterioration of the nonsupporting enclosing or outside walls or covering;
(3) Those buildings or structures which have improperly distributed loads upon the floors or roofs or in which the same are over loaded, or which have insufficient strength to be reasonably safe for the purpose used;
(4) Those buildings or structures which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety or the general health and welfare of the occupants or the people of the City of Pleasanton;
(5) Those buildings or structures which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, safety or general welfare of those living therein or to persons or property in the vicinity;
(6) Those buildings or structures having light, air and sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who occupy or live or may live therein;
(7) Those buildings or structures having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communications;
(8) Those buildings or structures which have parts thereof which are so attached that they may fall and injure members of the public or property; and
(9) Those premises, buildings or structures which because of their condition are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this city.
(B) Dangerous premises declared to be a public nuisance. All DANGEROUS PREMISES defined in division (A) above are hereby declared to be public nuisances and shall be abated as provided in this section.
(C) Fire Marshal to order repair, vacation and/or demolition. The following standards shall be followed in substance by the Fire Marshal in ordering repair, vacation and/or demolition:
(1) If the "dangerous premises" can be feasibly repaired or the condition remedied so that it will no longer exist in violation of the terms of this section, it shall be ordered remedied or repaired. Repairs shall be deemed feasible only if less than 50% of the value or structure of the building(s) must be repaired or replaced;
(2) If the "dangerous premises" are in such condition as to make it dangerous to the health or safety of its occupants, it shall be ordered to be vacated; and
(3) In any case where a "dangerous building" is 50% damaged or decayed, or deteriorated from its value or structure, it shall be demolished and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this section, it shall be demolished.
(D) Fire Marshal to make inspections and notify violators. The Fire Marshal shall:
(1) Inspect or cause to be inspected periodically all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial manufacturing or loft buildings or tents for the purpose of determining whether any conditions exist which render any such place a "dangerous premises" within the terms of division (A) above;
(2) Inspect any premises, building, wall or structure about which complaints are filed by any person to the effect that any premise or building, wall or structure is or may be existing in violation of this section;
(3) Inspect any premises, building, wall or structure reported as hereinafter provided by the Health, Fire or Police Departments of this city as possibly existing in violation of the terms of this section;
(4) Inspect any premises, building, wall or structure which he or she has reason to believe may be in violation hereof;
(5) Notify in writing the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the premises at last known address(es) as shown by the records of the assessor-collector of taxes of the City of Pleasanton, of any premises found by him or her to be "dangerous premises" within the standards set forth in division (A) above, that:
(a) The owner must vacate, and/or repair or demolish the building in accordance with the terms of notice and this section;
(b) The occupant or lessee must vacate the building or may have it repaired in accordance with the notice and remain in possession; and
(c) The mortgagee, agent or other person having an interest in the building may at his or her own risk repair, vacate or demolish the building or have the work or act done; provided, that any person notified under this division to repair, vacate or demolish any building shall be given a reasonable time, not exceeding 30 days, as may be necessary to do, or have done, the work or act required by the noticed provided for herewith.
(6) Set forth in the notice provided for in this division a description of the building or structure deemed unsafe, a statement of the particulars which made the building or structure a "dangerous building" and an order requiring the same to be put in such condition as to comply with the terms of this section within that length of time, not exceeding 30 days, as is reasonable;
(7) If the owner, occupant, mortgagee or lessee fails to comply with the notices provided in division (D)(5) above within ten days, the Fire Marshal shall report the condition to the City Secretary giving him or her a copy of the notice described in divisions (D)(5) and (6) hereof; and
(8) The City Secretary shall then take any necessary action to secure compliance with the order of the Fire Marshal provided in division (C)(1) above, and in particular shall proceed as provided in division (E) below, taking additional steps to determine names and addresses of persons having an interest in the premises.
(E) Procedures for notifying violators.
(1) City Secretary to prepare notice. The City Secretary shall prepare a notice to the owner(s), lienholder(s), if any, occupant(s) and any other person(s) having an interest in the "dangerous premises" notifying the persons that a hearing on the matter will be had by the City Council at a certain time on a certain day, not less than five days and not more than 30 days after receipts thereof at city hall in the City of Pleasanton.
(2) Notices to be served. The notice(s) shall be served by delivery to the person(s) by U.S. Mail (certified or registered mail). Where any such person is a corporation, service upon an officer thereof or a designated agent shall be deemed sufficient. Where the person's principal place of business is located outside Atascosa County, service upon the person in charge of the local office shall be deemed sufficient. Notices to owners other than occupants shall be deemed sufficient if addressed to the address shown on the city tax rolls. The notice shall be published one time in the city's official publication in the event any person having an interest in the premises, or their heirs, cannot be located after reasonable efforts.
(3) Fire Marshal to report facts at hearing. The Fire Marshal shall present at the hearing reports by personnel of the Departments of Fire, Public Health, Housing and Inspections, or other city departments and any other facts as to the condition of the premises.
(4) Persons to have opportunity to appear at hearing. Any person having an interest in the property shall have the opportunity to appear at the hearing, in person or by attorney, to present any relevant facts as to the condition of the premises and hear the reports of any city personnel or of any other persons which may be presented.
(5) City Council to decide on nuisance question. The City Council shall, after consideration of the foregoing, determine by ordinance whether the premises in question contain or constitute a condition which should be deemed a nuisance, a hazard to the public safety or health or both, which should be abated. If the Council so determines, the ordinance shall direct the City Attorney to proceed forthwith to file suit in a court of competent jurisdiction to have the premises declared a nuisance and abated by appropriate means, and to assess the costs of as a lien thereon.
(6) Remedies available to city. This remedy shall be available to the city in addition to any penal or other remedy which the city, state or any other person may have to remedy the "dangerous premises" condition.
(F) When immediate danger exists.
(1) In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a "dangerous building" as defined herein is immediately vacated and/or repaired or demolished, the Fire Marshal shall cause the immediate vacation and/or repair or demolition of the "dangerous building." The costs of emergency repair, vacation or demolition of the "dangerous building" shall be collected in the same manner as provided in division (E) above.
(2) In emergency cases the Fire Marshal shall cause to be posted at each entrance to the "dangerous building" a notice to read: "Do Not Enter. This Structure to Be Demolished by the City of Pleasanton, Texas." The notice shall remain posted until the required demolition is completed. The notice shall not be removed without written permission of the Fire Marshal, and no unauthorized persons shall enter the building for any purpose.
(G) City employees not personally liable.
(1) No officer, agent or employee of the city shall render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under this section.
(2) Any suit brought against any officer, agent or employee of the city as a result of any act required or permitted in the discharge of his or her duties under this section shall be defended by the City Attorney until the final determination of the proceedings therein.
(H) City departments to submit reports to Fire Marshal. The heads of the Fire, Police, Public Health, and other city departments shall make prompt reports in writing to the Fire Marshal of all buildings or structures which are, may be, or are suspected to be "dangerous premises" within the terms of this section.
(I) Fire Marshal may request that public utilities be disconnected. The Fire Marshal may request that public utilities be disconnected in order that demolition may be accomplished without delay in those cases where the structure is open, vacant and dilapidated.
(J) When owner fails to comply with order. If the owner, occupant, mortgagee or lessee fails to comply with the order of the City Council within ten days, the Fire Marshal shall cause the building or structure to be repaired, vacated or demolished as the facts may warrant under the standards provided herein, and shall with the assistance of the City Attorney cause the costs of the repair, vacation or demolition to be charged against the land on which the building exists as a municipal lien; or in cases where the procedure would be desirable and delay resulting therefrom would not be dangerous to the health, morals, safety or general welfare of the people of this city, the City Attorney shall file suit in the proper court against the owner, occupant, mortgagee, lessee or other person having an interest in the building, to compel the person or persons to comply with the order of the City Council and to repair, vacate or demolish the building in accordance with the Council's the order.
(K) Violations. The owner of any dangerous building who shall fail to comply with any notice or order to repair, vacate or demolish the building given by any person authorized by this section to give the notice or order, shall be guilty of a misdemeanor. The occupant or lessee in possession of any "dangerous building" who fails to comply with any notice to vacate or to repair the building in accordance with any notice given as provided for in this section shall be guilty of a misdemeanor. Every person removing the notice provided for in division (F)(2) to be posted as a "dangerous building" shall be guilty of a misdemeanor.
(1989 Code, Ch. 3, § 2)
Cross-reference:
Dilapidated buildings, see § 90.05
Statutory reference:
Tex. Loc. Gov't Code, §§ 54.012 through 54.019