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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)
The Building and Standards Commission, upon adoption of its own rules and procedures, shall perform the following.
(A) Upon receipt of a report of the Building Official, Community Development Director, Fire Marshal or designee, or other authorized representatives of the city as provided for in § 150.034 of this chapter, written notice of a hearing is to be given by the Commission to appear before the Commission on a date specified in the notice to determine whether the building complies with the standards set out in this subchapter.
(B) The Board shall hold a hearing and hear such testimony as the Building Official, Community Development Director, Fire Marshal or designee, or other representatives of the city and the owner, mortgagee, lessee or any other person having an interest in the building, as shown by the deed records of the County Clerk’s office and/or the tax rolls of the city, shall offer relative to the determination of the question of whether or not the building or structure in question is a dangerous building.
(C) A notice of a hearing sent to an owner, lienholder or mortgagee under this section must include a statement that the owner, lienholder or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work.
(D) After the public hearing, if a building is found in violation of standards set out in the subchapter, the Building and Standards Commission may order that the building be vacated, secured, repaired, removed or demolished by the owner within a reasonable time as provided by this section. The Building and Standards Commission also may order that the occupants be relocated within a reasonable time. If the owner does not take the ordered action within the allotted time, the Building and Standards Commission shall make a diligent effort to discover each mortgagee and lienholder having an interest in the building or in the property on which the building is located. The Building and Standards Commission shall personally deliver or send by certified mail, return receipt requested, to each identified mortgagee and lienholder a notice containing:
(1) An identification, which is not required to be a legal description, of the building and the property on which it is located;
(2) A description of the violation of the city’s minimum standards that is present at the building; and
(3) 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 a reasonable time.
(E) As an alternative to the procedure prescribed by division (D) above, the Building and Standards Commission may make a diligent effort to discover each mortgagee and lienholder before conducting the public hearing and may give them a notice of and an opportunity to comment at the hearing. In addition, the Building and Standards Commission may file notice of the hearing in the official public records of real property in the county in which the property is located. The notice must contain the name and address of the owner of the affected property if that information can be determined, 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 such 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 such interest after the filing of the notice. If the city chooses to operate under this division (E), the order issued by the Building and Standards Commission may specify a reasonable time as provided by this section for the building to be vacated, secured, repaired, removed or demolished by the owner or for the occupants to be relocated by the owner and an additional reasonable time as provided by this section for the ordered action to be taken by any of the mortgagees or lienholders in the event the owner fails to comply with the order within the time provided for action by the owner. Under this division (E), the Building and Standards Commission is not required to furnish any notice to a mortgagee or lienholder other than a copy of the order in the event the owner fails to timely take the ordered action.
(F) Within ten days after the date that the order is issued, the Building and Standards Commission shall:
(1) File a copy of the order in the office of the City Secretary; and
(2) Publish in a newspaper of general circulation in the city a notice containing:
(a) The street address or legal description of the property;
(b) The date of the hearing;
(c) A brief statement indicating the results of the order; and
(d) Instructions stating where a complete copy of the order may be obtained.
(G) After the hearing, the Building and Standards Commission shall promptly mail by certified mail, return receipt requested, or personally deliver a copy of the order to the owner of the building and to any lienholder or mortgagee of the building. The Building and Standards Commission shall use its best efforts to determine the identity and address of any owner, lienholder or mortgagee of the building.
(H) In conducting a hearing authorized under this section, the Building and Standards Commission shall require the owner, lienholder or mortgagee of the building to within 30 days:
(1) Secure the building from unauthorized entry; or
(2) Repair, remove or demolish the building, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days.
(I) If the Building and Standards Commission allows the owner, lienholder or mortgagee more than 30 days to repair, remove or demolish the building, the Building and Standards Commission shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the Hearing Official.
(J) The Building and Standards Commission may not allow the owner, lienholder or mortgagee more than 90 days to repair, remove or demolish the building or fully perform all work required to comply with the order unless the owner, lienholder or mortgagee:
(1) Submits a detailed plan and time schedule for the work at the hearing; and
(2) Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.
(K) If the Building and Standards Commission allows the owner, lienholder or mortgagee more than 90 days to complete any part of the work required to repair, remove or demolish the building, the Building and Standards Commission shall require the owner, lienholder or mortgagee to regularly submit progress reports to the city to demonstrate compliance with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder or mortgagee appear before the Hearing Official or the Hearing Official’s designee to demonstrate compliance with the time schedules. If the owner, lienholder or mortgagee owns property, including structures or improvements on property, within the municipal boundaries that exceeds $100,000 in total value, the Building and Standards Commission may require the owner, lienholder or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing a building under this division (K). In lieu of a bond, the Building and Standards Commission may require the owner, lienholder or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party approved by the Building and Standards Commission. The bond must be posted, or the letter of credit or third party guaranty provided, not later than the thirtieth day after the date the Building and Standards Commission issues the order.
(L) In a public hearing to determine whether a building complies with the standards set out in this subchapter, the owner, lienholder or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work.
(M) If the building is not vacated, secured, repaired, removed or demolished, or the occupants are not relocated within the allotted time, the city may vacate, secure, remove or demolish the building or relocate the occupants at its own expense. This division (M) does not limit the ability of the city to collect on a bond or other financial guaranty that may be required by division (K) above.
(N) If a city incurs expenses under division (M) above, the city may assess the expenses on, and the city has a lien against, unless it is a homestead as protected by the State Constitution, the property on which the building was located. The lien is extinguished if the property owner or another person 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 office of the County Clerk in the county in which the property is located. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the city and the balance due.
(O) If the notice is given and the opportunity to relocate the tenants of the building or to repair, remove or demolish the building is afforded to each mortgagee and lienholder as authorized by divisions (D), (E) or (G) above, the lien is a privileged lien subordinate only to tax liens.
(P) The Building and Standards Commission satisfies the requirements of this section to make a diligent effort, to use its best efforts or to make a reasonable effort to determine the identity and address of an owner, a lienholder or a mortgagee if the municipality searches the following records:
(1) County real property records;
(2) County Appraisal District records;
(3) Records of the Secretary of State;
(4) Assumed name records of the county;
(5) City tax records; and
(6) City utility records.
(Q) When the Building and Standards Commission mails a notice in accordance with this section to a property owner, lienholder or mortgagee and the United States Postal Service returns the notice as “refused” or “unclaimed”, the validity of the notice is not affected, and the notice is considered delivered.
(R) Administrative tasks such as mailing of notices, efforts to determine identities and publication of hearings may be performed on behalf of the Building and Standards Commission by authorized officials of the city.
(1998 Code, § 22-320) (Ord. 04-35, passed 9-1-2004)
(A) The city may secure a building that the City Building Official determines:
(1) Violates the minimum standards; and
(2) Is unoccupied or is occupied only by persons who do not have a right of possession to the building.
(B) Before the eleventh day after the date the building is secured, the Building Official shall give notice to the owner by:
(1) Personally serving the owner with written notice;
(2) Depositing the notice in the United States mail addressed to the owner at the owner’s post office address;
(3) Publishing the notice at least twice within a ten-day period in a newspaper of general circulation in the county, if personal service cannot be obtained and the owner’s post office address is unknown; or
(4) Posting the notice on or near the front door of the building if personal service cannot be obtained and the owner’s post office address is unknown.
(C) The notice must contain:
(1) An identification, which is not required to be a legal description, of the building and the property on which it is located;
(2) A description of the violation of the minimum standards that is present at the building;
(3) A statement that the city will secure or has secured, as the case may be, the building; and
(4) An explanation of the owner’s entitlement to request a hearing about any matter relating to the city’s securing of the building.
(D) The city shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the city’s securing of the building if, within 30 days after the date the city secures the building, the owner files with the Building Official a written request for the hearing. The city shall conduct the hearing within 20 days after the date the request is filed.
(E) The city has the same authority to assess expenses under this section as it has to assess expenses under § 150.035(N) of this chapter. A lien is created under this section in the same manner that a lien is created under § 150.035(N) of this chapter and is subject to the same conditions as a lien created under that section.
(1998 Code, § 22-321) (Ord. 04-35, passed 9-1-2004)
It shall be unlawful for any owner, lessor, lessee or agent or representative of the owner, lessor or lessee to allow or authorize any person to rent, occupy or use any building, dwelling or structure as defined in this subchapter, when notice has been given that such building, dwelling or structure is substandard under the terms of this subchapter, until such time as the owner, lessor or lessee has complied with the requirements specified in the notice and the order of the Building and Standards Commission or the order and notice are dismissed on appeal to the District Court as provided by law.
(1998 Code, § 22-325) (Ord. 04-35, passed 9-1-2004) Penalty, see § 150.999
(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)
BUILDING CODE
(A) There is hereby adopted for and by the city a standard code known as the International Building Code, 2021 edition, with appendices and amendments thereto, passed and recommended by the International Code Council, Inc., which code is published in book form and which is referred to, incorporated in this section and made a part of this section for all purposes. A copy of such code is filed of record in the office of the City Secretary. Adoption of subsequent amendments, supplement or new edition(s) is automatic upon publication by the International Code Council, Inc.
(B) In the event of any conflict between the provisions of the Building Code and the provisions of this code of ordinances, state law or city ordinances, rules or regulations, the provisions of this code of ordinances, state law or city ordinances, rules or regulations shall prevail and be controlling.
(1998 Code, § 22-31) (Ord. 93-52, passed 9-22-1993; Ord. 93-57, passed 9-22-1993; Ord. 98-1, passed 1-7-1998; Ord. 01-65, passed 1-17-2002; Ord. 04-15, passed 5-19-2004; Ord. 07-48, passed 12-19-2007; Ord. 15-42, passed 12-16-2015; Ord. 2023-39, passed 11-15-2023)
The code adopted by this subchapter is amended as provided in this section.
(A) Section 104.4, Issuing Permits, is amended by adding subsection 5., to read as follows:
104.4.5. No permit shall be issued for a construction project in which a trench excavation will exceed a depth of five feet, unless the applicant shall indemnify and hold harmless the city from all claims or causes of actions arising because of property damage, injury or death allegedly sustained by any person as a result of such excavation.
(B) Section 1803.1, Scope, is amended to read as follows:
1803.1 Scope
(a) When excavating for buildings or excavations accessory thereto, such excavations shall be properly assured against any danger to life and property. Permanent excavations shall have retaining walls of sufficient strength, made of steel, masonry or reinforced concrete, to retain embankments, together with any surcharged loads. Excavations for any purpose shall not extend within one foot of the angle of repose or natural slope of the soil under any footing or foundation, unless such footing or foundation is first properly underpinned or protected against settlement.
(b) Within the city limits and its extraterritorial jurisdiction, on construction projects in which trench excavation will exceed a depth of five feet, the bid documents and the contract must include detailed plans and specifications for trench safety systems that meet Occupational Safety and Health Administration standards, and these plans and specifications must include a pay item for such safety systems; provided, this section does not apply to a contract entered into by a person subject to the safety standards adopted under Vernon’s Ann. Civ. St. art. 6053-1, and the administrative penalty provisions of Vernon’s Ann. Civ. St. art. 6053-2.
(1998 Code, § 22-32) (Ord. 93-57, passed 9-22-1993; Ord. 98-1, passed 1-7-1998; Ord. 01-65, passed 1-17-2002; Ord. 15-42, passed 12-16-2015)
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