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)