(A) Emergency arising from sudden acts or occurrences.
(1) Where it appears to the Fire Marshal, Director of Community Development, Director of Municipal Services, or Chief Building Official or their designees, that due to structural defects or conditions arising from, but not limited to, fire, accident, water damage, vandalism, or other sudden act or occurrence thereby threatening the structural integrity of a building, there is clear and imminent danger to the life, safety or property of any person unless the building is immediately demolished, either of these aforesaid officials shall declare its immediate vacation and demolition regardless of the date of construction. The concurrence of two other aforesaid officials shall be required prior to execution of the commencement of the demolition. Such concurrence shall include a determination that under the circumstances no other abatement procedure is reasonably available except demolition.
(2) Notice that the structure has been determined to be a clear and imminent danger to life, safety or property of any person shall be issued:
(a) By placard affixed to the property or by stake driven into the ground. It shall be unlawful for any person to remove the posted notice without written permission from the Fire Marshal and no unauthorized person shall enter the building for any purpose;
(b) Via hand-delivery to the owner(s) of record per the Galveston County Appraisal District records for owner(s) residing within Galveston County is not able to be accomplished after reasonable efforts are made, notice may be given in whatever means are available to afford the owner(s) with such notice as determined by the City Attorney; and
(c) By email to the Mayor.
(3) Within 72 hours of notice, a plan of action to stabilize the structure, secure the structure, and/or bring the structure up to all current adopted city codes and ordinances must be developed and presented to the Fire Marshal, the Director of Community Development, Director of Municipal Services or Chief Building Official. Said plan of action shall then be approved by the Director of Engineering and Planning or their designee.
(a) If the plan is approved, said plan must be implemented within 48 hours of approval or as soon thereafter as is reasonable and as soon as possible for any commercial structure(s) after consideration of any environmental issue(s) and/or compliance with other applicable law(s). If stabilization and securing of the structure is begun within 48 hours of approval, the structure shall be scheduled for the next available hearing before the Texas City Municipal Court of Record for presentation of a scope of work with dates certain for completion of rehabilitation; or
(b) If the plan is determined to be infeasible by the Fire Marshal, the Director of Community Development, Director of Municipal Services or Chief Building Official the required affidavits shall be executed for commencement of the emergency demolition or if there is a pending case regarding the structure in the Texas City Municipal Court of Record, an order from the Court authorizing the emergency demolition.
(c) The emergency demolition process shall commence not later than 96 weekday hours, exclusive of weekends and holidays, after the last required written concurrence is made.
(d) After execution of the emergency demolition, the officials responsible shall:
1. File copies of the affidavits or court order in the real property records of Galveston County, Texas; and
2. Provide notice to the owner(s) and lienholders/mortgagees of record.
(e) The historical designation, location or significance of a building or structure shall not prohibit, prevent, or stay an emergency demolition of a dangerous building or structure determined to be a clear and imminent danger to the life, safety or property of any person. Demolition shall be the remedy of last resort and if the structure can be vacated and secured and feasibly repaired or the condition remedied so that the structure shall no longer be an imminent danger it shall first be ordered.
(f) The city, as a home-rule city, adopts the foregoing emergency abatement action pursuant to Tex. Local Gov’t Code § 214.002, and the powers of self-rule granted by the voters under the City Charter as authorized by the Constitution of the State.
(4) The city has the same authority to assess expenses incurred under this section as it has to assess expenses under Tex. Local Gov’t Code § 214.001(n). A lien is created under this section in the same manner that a lien is created under Tex. Local Gov’t code § 214.001(n) and is subject to the same conditions as a lien created under that section.
(Ord. 21-34, passed 11-17-2021; Ord 2023-28, passed 9-6-2023)