(A) (1) The City of Pleasanton ("city") shall have the right to require the vacation, securing, repair, removal, demolition or relocation of the occupants of a building that is:
(a) Dilapidated, substandard or unfit for human habitation and a hazard to the public health, safety and welfare;
(b) Regardless of its structural condition, unoccupied by its owner(s), lessee(s) or other invitee(s) 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
(c) Boarded up, fenced or otherwise secured in any manner if:
1. The building constitutes a danger to the public even though secured from entry; or
2. 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)(1)(b) above.
(2) This section is adopted pursuant to the authority granted the city under Tex. Loc. Gov't Code, §§ 214.001 and 214.0012.
(B) The city shall further have the right to vacate, secure, remove, demolish or relocate the occupants of a building determined by the City Council to be dangerous if the owner(s), lienholder(s) or mortgagee(s) do not carry out the City Council's ordered action within the time specified by the City Council in accordance with this subchapter.
(C) Every building within the city limits regardless of the date of its construction may be continued to be used and occupied so long as:
(1) The interior walls or other vertical structural members of the building does not list, lean or buckle so that a plumb line passing through the center of gravity does not fall outside the middle third of its base;
(2) The building, exclusive of the foundation, does not 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) The building has properly distributed loads upon the floors or roofs or in which the same are not overloaded, or has sufficient strength to be reasonably safe for the purpose used;
(4) The building has not 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;
(5) The building has not become or is not so dilapidated, decayed, unsafe or unsanitary so as to fail to provide the amenities essential to decent living, or be unfit for human habitation, or is not 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) The building has light, air and sanitation facilities which are adequate to protect the health, safety or general welfare of human beings who occupy or live or may live therein;
(7) The building has adequate facilities for egress in case of fire or panic, or has sufficient stairways, elevators, fire escapes or other means of communications;
(8) The building or structure has parts thereof which are so attached that they may not reasonably be expected to fall and injure members of the public or property;
(9) The building is safe and sanitary to the health, safety or general welfare of the people of this city;
(10) The building, regardless of its structural condition, is unoccupied and is nevertheless boarded up, fenced or otherwise secured in any manner from unauthorized entry so that the building has no missing or unlocked doors or windows or other unsecured openings into the building through which unauthorized persons (including, but not limited to children, vagrants or other uninvited persons) can enter; and
(11) The building, although unoccupied and boarded up, fenced or otherwise secured in any manner from entry, does not constitute a danger to the public by failing to comply with one or more of the criteria listed in division (C)(1) through (9) above and the means used to secure the building are adequate to prevent the unauthorized entry or use of the building.
(D) Any building which fails to meet any one or more of the minimum standards outlined in division (C) above may be designated by the city as dilapidated, substandard or unfit for human habitation; and a hazard to the public health, safety and welfare (hereinafter referred to for simplicity as "dangerous building").
(E) The City's Building Inspector is hereby authorized to:
(1) Inspect or cause to be inspected periodically all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial manufacturing or loft buildings, tents and any other type of building or structure (collectively "building") for the purpose of determining whether any conditions exist which render any such place a dangerous building within the terms of division (C) above;
(2) Inspect any premises, wall, structure or building 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 division (C) above;
(3) Inspect any premises, wall, structure or building reported by the Health, Fire or Police Departments of this city as possibly existing in violation of the terms of division (C) above; and
(4) Inspect any premises, wall, structure or building which the city's Building Inspector has reason to believe may be in violation of division (C) above.
(F) (1) After determination by the City's Building Inspector that a specific building is believed to be in violation of the standards outlined in division (C) above, the Building Inspector shall prepare a notice to the owner(s) of the building notifying the owner(s) that a public hearing to determine whether the building complies with the standards set out in division (C) above will be heard by the City Council at a certain time on a certain day at city hall in the City of Pleasanton. The Building Inspector shall send a copy of the notice to any occupant(s) or lessee(s) of the building. The Building Inspector shall also make a diligent effort to discover each mortgagee and lienholder before conducting the public hearing and, if located, to give them notice of the date, time and place of the public hearing and an opportunity to comment at the hearing. The city shall use the records in the Atascosa County Clerk's Office as well as city and county tax rolls to determine, if possible, the identity and address of any owner, lienholder or mortgagee of the building.
(2) The notice shall include a statement that the owner(s), mortgagee(s) or lienholder(s) of a building believed to be in violation of division (C) above will be required to submit at the public hearing proof of the scope of any work that may be required to comply with the subchapter and the time it will take to reasonably perform the work. The notice shall include the name of the owner(s), lienholder(s) or mortgagee(s) of the building and street address or legal description of the property. The notice to the owner(s) shall also comply with the requirements outlined in § 150.23(A) below.
(3) The notice(s) shall be served by delivery to the owner(s), mortgagee(s), lienholder(s) as well as any occupant(s) or lessee(s) of a building believed to be in violation of division (C) above by U.S. Mail (Certified Mail - Return Receipt Requested). Where any of these parties is a corporation, service upon an officer thereof or a designated agent shall be deemed sufficient. Where the party'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 owner(s) shall be deemed sufficient if sent to the last known address. Notices to mortgagee(s), lienholder(s) as well as any occupant(s) or lessee(s) shall be deemed sufficient if sent to the last known address. Notice to the owner(s), mortgagee(s), lienholder(s) as well as any occupant(s) or lessee(s) of a building believed to be in violation of division (C) above shall also be deemed sufficient if delivered in person. The notice shall be published one time in a newspaper of general circulation in the city in the event any owner(s), mortgagee(s) or lienholder(s) cannot be located. This newspaper notice shall also comply with the requirements outlined in § 150.23(A) below.
(4) In addition, the city may file notice of the hearing in the official public records of real property in Atascosa County. The notice must contain the name and address of the owner(s) of the affected property if that information can be determined from a reasonable search of the instruments on file at the office of the Atascosa County Clerk, a legal description of the affected property, and a description of the hearing. The filing of the notice is binding on subsequent grantees, lienholders or other transferees of an interest in the property who acquire the 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 the interest after the filing of the notice. This notice shall also comply with the requirements outlined in § 150.23(A) below.
(5) The City's Building Inspector shall present at the public hearing, reports by personnel of the Departments of Police, Fire, Public Health, Housing and Inspections, or other city departments and any other facts as to the condition of the building believed to be in violation of division (C) above.
(6) The owner(s), mortgagee(s), lienholder(s) as well as any occupant(s) or lessee(s) of the building believed to be in violation of division (C) above 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 building and hear the reports of any city personnel or of any other persons which may be presented. The owner(s), mortgagee(s) or lienholder(s) shall submit at the hearing proof of any work that may be required to comply with this subchapter and the time it will take to reasonably perform the work.
(7) The City Council shall, after consideration of the foregoing, determine whether the building in question is:
(a) Dilapidated, substandard or unfit for human habitation, and a hazard to the public health, safety and welfare;
(b) Regardless of its structural condition, unoccupied by its owner(s), lessee(s) or other invitee(s) 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
(c) Boarded up, fenced or otherwise secured in any manner if:
1. The building constitutes a danger to the public even though secured from entry; or
2. The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described in division (F)(7)(b) above.
(d) If the city so determines, it shall order by ordinance that the dangerous building be vacated, secured, repaired, removed or demolished by the owner(s) and/or that the occupants be relocated by the owner(s) within a reasonable period of time, as specified by the City Council in accordance with this subchapter. The ordinance shall order an additional reasonable time as provided in this subchapter for the ordered action to be taken by any mortgagee(s) or lienholder(s) having an interest in the property in the event the owner(s) fails to comply with the ordered action within the time the owner(s) is required to act. The ordinance shall also order the deadline by which the occupants must vacate the building. The ordinance shall address any other matters that are necessary to carry out the purposes of this subchapter.
(8) In conducting a public hearing authorized under this division (F), the city shall require the owner(s), lienholder(s) or mortgagee(s) of the building to within 30 days:
(a) Secure the building from unauthorized entry; or
(b) Repair, remove or demolish the building, unless the owner(s) or lienholder(s) establish at the hearing that the work cannot reasonably be performed within 30 days.
(9) If the city allows the owner(s), lienholder(s) or mortgagee(s) more than 30 days to repair, remove or demolish the building, the city shall establish specific time schedules for the commencement and performance of the work and shall require the owner(s), lienholder(s) or mortgagee(s) to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the City Council.
(10) The city may not allow the owner(s), lienholder(s) or mortgagee(s) more than 90 days to repair, remove or demolish the building or fully perform all work required to comply with the ordinance unless the owner(s), lienholder(s) or mortgagee(s):
(a) Submits a detailed plan and time schedule for the work at the hearing; and
(b) Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.
(11) If the city allows the owner(s), lienholder(s) or mortgagee(s) more than 90 days to complete any part of the work required to repair, remove or demolish the building, the city shall require the owner(s), lienholder(s) or mortgagee(s) to regularly submit progress reports to the city to demonstrate that the owner(s), lienholder(s) or mortgagee(s) have complied with time schedules established for commencement and performance of the work. The ordinance may require that the owner(s), lienholder(s) or mortgagee(s) appear before the City Council or the Building Inspector to demonstrate compliance with the time schedules.
(12) In a public hearing to determine whether a building complies with the standards set out in division (C) above, the owner(s), lien-holder(s) or mortgagee(s) have the burden of proof 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.
(13) If the City Council determines that a building must be vacated or its occupants relocated within a reasonable period of time, a reasonable period of time shall not exceed 30 days from the date that the city provides written notice as discussed in divisions (H)(2) and (3) below unless the owner(s), lienholder(s) or mortgagee(s) establishes at the hearing that a longer period of time is necessary because the building cannot be vacated or its occupants relocated within 30 days.
(G) The following standards shall be followed in substance by the City Council in ordering the vacation, repair, removal, demolition or securing of a building or removal of its occupants:
(1) If the building can be feasibly repaired or the condition remedied so that it will no longer exist in violation of the standards outlined in division (C) above, 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 must be repaired or replaced;
(2) If the building is in a condition so as to make it dangerous to the health or safety of its occupants, it shall be ordered to be vacated;
(3) In any case where a building is damaged, decayed or deteriorated to the extent of 50% or more of its value or structure, it shall be demolished. In all cases where a building cannot be repaired so that it will no longer exist in violation of the standards outlined in division (C) above, it shall be demolished;
(4) In any case where a building is demolished, all materials and debris shall be removed off the property and disposed at the city-owned landfill or other permissible site; and
(5) In any case where an unoccupied building is in a condition so that an unauthorized person can enter it through missing or unlocked doors or windows or other openings, it shall be ordered secured.
(H) If the City Council determines that a building is dangerous and further that the owner must vacate, secure, repair, remove or demolish the building, or relocate its occupants, the city's Building Inspector is hereby authorized to:
(1) Within ten days after the date that the ordinance is adopted by the city:
(a) File a copy of the ordinance 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 of the ordinance; and
4. Instructions stating where a complete copy of the ordinance may be obtained.
(2) Within ten days after the date the ordinance is adopted by the city, notify in writing the owner(s) of the building determined by the City Council to be dangerous as a result of violating the standards outlined in division (C) above, that the building must be vacated, secured, repaired, removed or demolished, or the occupants relocated within the allotted time specified by the City Council in accordance with this chapter. The City's Building Inspector shall also send the owner(s) of the dangerous building a copy of the ordinance. Both the written notice and a copy of the ordinance shall be mailed to the owner(s) by certified mail, return receipt requested. The copy of the ordinance and notice to owner(s) shall be sent to the owner(s)' last known address;
(3) Notify in writing the mortgagee(s) or lienholder(s) of the building that the City Council has found the building to be dangerous and ordered that the owner(s) vacate, secure, repair, remove or demolish the building or relocate the occupants of the building within the time specified by the City Council. The city's Building Inspector shall also send the mortgagee(s) or lienholder(s) of the dangerous building a copy of the ordinance. Both the written notice and a copy of the ordinance shall be mailed to the mortgagee(s) or lienholder(s) by certified mail, return receipt requested. The copy of the ordinance and notice to the mortgagee(s) or lienholder(s) shall be sent to their last known address;
(4) If the owner of the building fails to carry out the City Council's ordered action, the city's Building Inspector may notify in writing the mortgagee(s) or lienholder(s) of the building that they have an amount of time as specified by the City Council to carry out the City Council's ordered action before the city takes action as provided in division (J) below. This notice shall be mailed to the mortgagee(s) or lienholder(s) of the dangerous building by certified mail, return receipt requested, to their last known address; and/or
(5) The notice provided for in divisions (H)(1) through (4) above shall set forth:
(a) A legal description of the building deemed dangerous and the property on which the building is located;
(b) A description of the violation of the city's standards, as outlined in division (C) above, that is present at the building; and
(c) A statement that the city will vacate, secure, remove or demolish the building, or relocate the occupants of the building if the ordered action is not taken within the allotted time specified by the City Council and in accordance with this subchapter.
(6) This notice shall also comply with the requirements outlined in § 150.23(A) below.
(I) In connection with the securing of a building, the securing of windows, doors or any other opening allowing access to an unsecured unoccupied building shall be done with the materials and in such a fashion as to effectively bar entrance to the building including but not limited to plywood, lumber, steel, replacement glass, nails, screws and bolts as well as the use of fencing. The use of cardboard, tar paper, window and door screens or any other material that will not effectively prevent entrance shall not be sufficient to meet the requirements of this section, nor shall it be considered sufficient to make a building in compliance with a notice by the city's Building Inspector to secure. Upon receipt of a notice by the city's Building Inspector to secure each and every accessible means of entry must be secured in accordance with this section. The city itself may install a fence to secure the entire premises.
(J) If the dangerous building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time specified by the city, the city may vacate, secure, remove or demolish the dangerous building or relocate the occupants of the dangerous building at its own expense.
(K) If the city incurs expenses under division (J) above, the city may assess the expenses on, and the city has a lien against, unless it is a homestead as protected by the Texas Constitution, the property in which the dangerous building is or was located. Expenses incurred by the city under division (J) above shall include the cost of labor, materials and any other related costs plus an administrative fee of $150. The lien is extinguished if the owner or any other person(s) having an interest in the legal title to the property reimburses the city for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the Atascosa County Clerk's Office. The notice of lien and notice of assessment must contain the name and address of the owner(s), if that information can be determined with a reasonable effort, a legal description of the real property on which the building is or was located, the amount of expenses incurred by the city, and the balance due. The notice of lien and notice of assessment shall be sent to owner(s) at the last known address at the time the lien attaches requesting that the balance due be paid immediately.
(L) If the notice is given and the opportunity to repair, remove or demolish the dangerous building is afforded to each mortgagee(s) and lienholder(s) as authorized by divisions (H)(1), (2), (3) and (4), the lien is a privileged lien subordinate only to tax liens and all previously recorded bonafide mortgage liens attached to the real property to which the city's lien attaches.
(M) (1) Any owner(s), lienholder(s) or mortgagee(s) of record of property jointly or severally aggrieved by an ordinance of the city issued under division (F)(7) above may file in the District Court a verified petition setting forth that the decision is illegal, in whole or in part, as specifying the grounds of the illegality. The petition must be filed by an owner(s), lienholder(s) or mortgagee(s) within 30 calendar days after the respective dates a copy of the ordinance of the city is mailed to them by first class mail, certified return receipt requested, or the decision shall become final as to each of them upon the expiration of each such 30-calendar day.
(2) On the filing of the petition, the court may issue a writ of certiorari directed to the city to review the ordinance of the city and shall prescribe in the writ a time within which a return on the writ must be made, which must be longer than ten days, and served on the relater or the relater's attorney.
(3) The city may not be required to return the original papers acted on by it, but it is sufficient for the city to return certified or sworn copies of the papers or of parts of the papers as may be called for by the writ.
(4) The return must concisely set forth other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(5) The issuance of the writ does not stay proceedings on the decision appealed from.
(6) Appeal in the District Court shall be limited to a hearing under the substantial evidence rule. The court may reverse or affirm, in whole or in part, or may modify the decision brought up for review.
(7) Costs may not be allowed against the city.
(8) If the decision of the city is affirmed or not substantially reversed but only modified, the District Court shall allow to the city all attorneys fees and other costs and expenses incurred by it and shall enter a judgment for those items, which may be entered against the property owners, lienholders or mortgagees as well as all persons subject to the proceedings before the city.
(Ord. 1079, passed 1-20-1994)