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(A) (1) Any owner, lienholder or mortgagee of record jointly or severally aggrieved by any decision of a Commission may present a petition to a district court, as provided by Tex. Local Gov’t Code § 54.039, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality.
(2) Costs may not be allowed against the Commission panel.
(B) If the decision of the Commission panel is affirmed or not substantially reversed, but only modified, the District Court shall allow to the city all attorney’s 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 as well as all persons found to be in occupation of the property subject to the proceedings before the Commission panel.
(1998 Code, § 22-309) (Ord. 04-35, passed 9-1-2004)
(A) An abstract of judgment shall be issued against all parties found to be the owners of the subject property or in possession of that property.
(B) A lienholder does not have standing to bring a proceeding under Tex. Local Gov’t Code § 54.039 on the ground that the lienholder was not notified of the proceedings before the Commission panel or was unaware of the condition of the property, unless the lienholder had first appeared before the Commission panel and entered an appearance in opposition to the proceedings.
(1998 Code, § 22-310) (Ord. 04-35, passed 9-1-2004)
This subchapter does not affect the ability of the city to initiate a civil action in District or County Court, including a suit for injunctive relief, for the enforcement of an ordinance:
(A) For the preservation of public safety, relating to the materials or methods used to construct a building or other structure or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances or exits;
(B) Relating to the preservation of public health or to the fire safety of a building or other structure or improvement, including provisions relating to materials, types of construction or design, interior configuration, illumination, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires or location, design or width of entrances or exits;
(C) For zoning that provides for the use of land or classifies a parcel of land according to the municipality’s district classification scheme;
(D) Establishing criteria for land subdivision or construction of buildings, including provisions relating to street width and design, lot size, building width or elevation, setback requirements or utility service specifications or requirements;
(E) Implementing civil penalties under this subchapter for conduct classified by statute as a Class C misdemeanor;
(F) Relating to dangerously damaged or deteriorated structures or improvements;
(G) Relating to conditions caused by accumulations of refuse, vegetation or other matter that creates breeding and living places for insects and rodents;
(H) Relating to the interior configuration, design, illumination or visibility of business premises exhibiting for viewing by customers while on the premises live or mechanically or electronically displayed entertainment intended to provide sexual stimulation or sexual gratification; or
(I) Relating to point source effluent limitations or the discharge of a pollutant, other than from a non-point source, into a sewer system, including a sanitary or storm water sewer system, owned or controlled by the municipality.
(1998 Code, § 22-313) (Ord. 04-35, passed 9-1-2004)
(A) In addition to the powers and remedies provided for by the foregoing, and without affecting the ability of the city to proceed under other provisions of this subchapter, or by other law, the city implements Tex. Local Gov’t Code Ch. 214 as additional authority concerning substandard structures.
(B) The City Commission grants the authority to the Building and Standards Commission to act on its behalf in hearing cases and enforcing laws and ordinances as provided by Tex. Local Gov’t Code Ch. 214. This subchapter does not affect the ability of the city to proceed under the jurisdiction of the Municipal Court.
(1998 Code, § 22-317) (Ord. 04-35, passed 9-1-2004; Ord. 21-25, passed 10-6-2021)
As provided for by Tex. Local Gov’t Code Ch. 214, the city adopts the following minimum standards for the continued use and occupancy of all buildings, regardless of the date of their construction.
(A) “Substandard building” defined. For the purpose of this subchapter, any dwelling, building or structure that has any or all of the conditions or defects described in this section shall be deemed a SUBSTANDARD BUILDING:
(1) Whenever the exterior walls or other vertical structural members of the building, dwelling or structure list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base;
(2) Whenever the building, dwelling or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting members, or 50% damage or deterioration of its non-supporting members, enclosing or outside walls or coverings;
(3) Whenever the building, dwelling or structure has improperly distributed loads upon the foundation or roofs or when the foundations or roofs are overloaded or have insufficient strength to be reasonably safe for the proposed use, the general public or possible occupants;
(4) Whenever the building, dwelling or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated, as to become an attractive nuisance to children, or a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts;
(5) Whenever, for any reason, the building, dwelling or structure or any portion thereof is manifestly unsafe and dangerous to the life, safety or general health and welfare of possible occupants or the general public;
(6) Whenever the building, dwelling or structure intended to be used for habitation, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light and air (artificial or natural) or inadequate sanitary facilities or otherwise, is determined by the city’s designated Health Official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;
(7) Whenever the building, dwelling or structure has inadequate facilities for egress in case of fire or panic or the door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit for the purposes;
(8) Whenever any portion or appurtenance of the building, dwelling or structure is likely to fail or to become detached or dislodged or to collapse and thereby injure persons or damage property;
(9) Whenever the building, dwelling or structure or any portion thereof, because of dilapidation, deterioration or decay; faulty construction; the removal, movement or instability of any portion of the ground necessary for the purposes of supporting such building; the deterioration, decay or inadequacy of its foundation; or any other cause, is likely to partially or completely collapse;
(10) Whenever the building, dwelling or structure has a floor, exterior wall or roof with holes, cracks or loose, rotten, warped or protruding boards therein so as not to give reasonable protection to any occupants or possible occupants thereto from weather elements or danger of collapse;
(11) Whenever the building, dwelling or structure has interior walls or ceilings with holes, cracks, loose plaster, defective materials or structural deterioration to the extent that the building, dwelling or structure is manifestly unsafe for the purpose for which it is being used or so as not to give reasonable protection to any occupants of the building, dwelling or structure from danger of collapse or fire;
(12) Whenever any building, dwelling or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other causes, is determined by the Fire Marshal or designee or other authorized representative to be a fire hazard; and
(13) Whenever any portion of the building, dwelling or structure remains on a site after the demolition or destruction of the building, dwelling or structure by natural causes or otherwise, so as to constitute such building, dwelling or structure or portion thereof an attractive nuisance to children or a hazard to the public or their property.
(B) Abatement required. The city requires the vacation, relocation of occupants, securing, repair, removal or demolition of a building that 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 (B)(2) above.
(C) Public nuisances. All buildings or portions thereof that are defined in this section as substandard buildings are hereby declared to be public nuisances and may also be abated in accordance with the nuisance abatement provisions of the city code.
(1998 Code, § 22-318) (Ord. 04-35, passed 9-1-2004)
(A) Inspections. The Fire Marshall or designee, Community Development Director, Building Official, and other authorized representatives of the city, individually or in concert, shall have the following authority:
(1) To inspect any building, dwelling or structure concerning which complaints have been filed by any person to the effect that the building, dwelling or structure is or may be a substandard building, except where limited or prohibited by law; and
(2) To inspect any building, dwelling or structure reported by the Fire Department, Police Department or any other administrative department of the city as being a substandard building, except where limited or prohibited by law.
(B) Administrative notification. If, upon inspection and investigation, it is found that a building, dwelling or structure violates § 150.033(B)(1), (B)(2) or (B)(3) of this chapter, the authorized official shall issue a notice and order, which shall contain the following:
(1) The street address and legal description sufficient for identification of the premises upon which the building is located;
(2) A statement that the official has found the building to be in violation of § 150.033(B)(1), (B)(2) or (B)(3) of this chapter, with a brief and concise description of the conditions found to be in violation; and
(3) A statement of the action required to be taken as determined by the official. If it has been determined that the structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the official shall determine is reasonable under all of the circumstances. If it has been determined that the building or structure must not be occupied, then the order shall require that the building or structure must not be occupied and that the building or structure remain unoccupied or vacant until such time as is determined by the official. If it has been determined that the building or structure must be demolished (if the building or structure cannot possibly be repaired), the order shall require that the building continue in its vacated and unoccupied state, that all required permits be secured, and that the demolition be completed within such time as the official shall determine is reasonable.
(C) Reporting. The official shall report to the Building and Standards Commission any non-compliance with the notice and order provided for in division (B) above.
(D) Appearance. The official sending the notice and order shall appear at all hearings conducted by the Building and Standards Commission and shall testify as to the violating condition(s).
(E) Notice. The city shall place a notice on a dangerous building reading substantially as follows:
“This building has been found to be dangerous. No person shall occupy this building until such time as the same has been brought to standards in accordance with the written request of the Building Official, Community Development Director, Fire Marshal or designee, or other authorized representative of the city. It is unlawful to remove this notice until such requirements are complied with. This notice is to remain on this building until it is repaired or demolished in accordance with the notice and order which has been given the record owner.”
(1998 Code, § 22-319) (Ord. 04-35, passed 9-1-2004)
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