For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING. Any building or structure built for the support, shelter, use or enclosure of persons, animals, chattels or property of any kind.
CODE ENFORCEMENT AUTHORITY. The person designated by the city for purposes of making inspections, sending notices, and otherwise enforcing the provisions of this subchapter.
COUNTY. The County of Henderson, Texas.
DANGEROUS BUILDING, UNSAFE BUILDING, and SUBSTANDARD BUILDING. Any building located within the incorporated limits of the city that is:
(1) In such a state or condition of repair or disrepair that all or any of the following conditions exist:
(a) Walls or other vertical structural members list, lean, or buckle;
(b) Damage or deterioration exists to the extent the building cannot be used or occupied without risk of injury, or to the extent the building poses a danger to persons on the property or adjacent property;
(c) Loads on floors or roofs are improperly distributed or the floors or roofs are of insufficient strength to be reasonably safe for the purposes used;
(d) Damage by fire, wind, or other cause has rendered the building or structure dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the city;
(e) The building or structure is so dilapidated, substandard, decayed, unsafe, unsanitary or otherwise lacking in the amenities essential to decent living or use that the same is unfit for human habitation or occupancy, or is likely to cause sickness, disease or injury or otherwise to constitute a detriment to the health, morals, safety or general welfare of those persons assembled, working, or living therein or is a hazard to the public health, safety and welfare;
(f) Light, air, and sanitation facilities are inadequate to protect the health, morals, safety, or general welfare of persons who assemble, work, or live therein;
(g) Stairways, fire escapes, and other facilities of egress in case of fire or panic are inadequate;
(h) Parts or appendages of the building or structure are so attached that they are likely to fall and injure persons or property;
(i) The floors, exterior walls, or roof fail to protect occupants of the building or structure from weather, injury, and the danger of collapse due to the presence of holes, cracks, and loose, rotten, warped, or protruding boards or other similar damage in floors, exterior walls or the roof; or
(j) Conditions of the structure or building constitute a material violation of provisions of the city’s Building Codes, Plumbing Code, Fire Prevention Code, or Electrical Code (the “Codes”). For the purposes of this section, a “material” violation is a violation of any provision or provision of the Codes that creates a significant risk of personal injury, death, or property damage;
(2) Dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare of the city’s residents;
(3) 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
(4) 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 to the extent 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;
(c) Defined as a dangerous or unsafe building by the 2015 International Property Maintenance Code, published by the International Code Council, Inc.
RESPONSIBLE PARTIES. The owner, and any mortgagee or lienholder identified by the owner or by search of the public tax records and real property records of the county, and any occupant or person residing within, or in custody of, the building or structure.
STRUCTURE. That which is constructed.
(Ord. 95-03, passed 3-13-1995; Ord. 2012-008, passed 10-16-2012)