This article is intended to adopt and implement in the broadest possible terms the powers, duties, and authorities set out in subchapters B and C of chapter 54 and sections 214.001, 214.0011, 214.0012, 214.003, and 214.004 of subchapter A of chapter 214 of the Local Government Code of the state, as said statutes apply to the subject matter of this article, and as otherwise stated herein, as well as the home rule powers granted the city as a home rule city by its charter and state law. Provisions of this article shall not be narrowly construed, but shall be broadly applied to accomplish the stated purposes of this article.
(Ordinance 2002-032, sec. 3, adopted 6/10/02; 1988 Code, sec. 7-46)
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Building and standards commission
means the building and standards commission duly appointed and created as set out in this article.
Code inspectors
means the code inspectors of the city, as the same shall be designated by the city manager.
Dangerous building or structure.
All buildings or structures which have any of the following defects or lack of facilities shall be deemed dangerous buildings or structures:
(1) 
All buildings or structures that have become deteriorated through natural causes or by damage through exposure to the elements, especially wind, hail, or rain, or damage through fire to the extent that the roof, windows, or doors, or portions of the house, building, or structure which protect the interior from the weather, would no longer reasonably protect from the weather.
(2) 
All buildings or structures which are so structurally deteriorated that they are in danger of collapse, or which cannot be expected to withstand the forces of nature.
(3) 
All buildings or structures of which the floors, walls, ceilings, and all supporting members are not capable of bearing imposed loads safely.
(4) 
All buildings or structures not wired so as to provide in operating condition electrical circuits sufficient to safely carry a load imposed by normal use of appliances and fixtures.
(5) 
All buildings or structures so deteriorated or constructed or permitted to be constructed as to constitute a menace to health or safety, including all conditions conducive to the harboring of rats or mice or other disease-carrying animals or insects reasonably calculated to spread disease, including such conditions hazardous to safety as inadequate bracing or use of deteriorated materials.
(6) 
All buildings or structures which constitute or in which are maintained a fire hazard as that term is defined by the ordinances of the city.
(7) 
All buildings or structures in noncompliance with the requirements of the city’s building code, electrical code, plumbing code, fire code, or other applicable codes of the city such that said buildings or structures constitute a menace or hazard to the public health or safety.
(8) 
All buildings or structures so dilapidated or substandard as to be unfit for human habitation and a hazard to the public health, safety, and welfare.
(9) 
All buildings or structures which, because of activities involving the sale, use, or abuse on said premises of illicit drugs or alcohol or other similar activities, as certified by the chief of police, the fire marshal, the environmental health officer, or their designees, constitute a fire hazard or a menace to the health, safety, and welfare of the citizens of the city.
(10) 
All buildings or structures, regardless of their structural condition, which are unoccupied by their owners, lessees, or other invitees and are unsecured from unauthorized entry to the extent they could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children.
(11) 
For purposes of this article, additions, appendages or attachments to buildings, such as awnings, poles, signs, gutters, or overhangs, shall be deemed structures.
Deconstruction.
The process of systematically dismantling a structure in an environmentally, economically, and socially responsible manner to maximize recovery of materials for reuse and recycling.
Demolition.
The process of dismantling or ‘knocking down’ buildings (usually using heavy machinery), after which the products of the demolition are afterwards landfilled or partially recycled.
Vacate or order the vacation
of a building or structure under this article means to require or cause individuals other than the owner, the owner’s lessee, or other invitees of the owner or lessee to leave or quit the premises of said building or structure.
(Ordinance 2002-032, sec. 3, adopted 6/10/02; Ordinance 2004-038, sec. 2, adopted 9/9/04; 1988 Code, sec. 7-47; Ordinance 2022-042 adopted 7/11/22)
All dangerous buildings or structures which shall constitute a menace to the health, morals, safety, or general welfare of their occupants or of the general public are declared to be public nuisances and shall be ordered to be vacated, repaired, secured, or demolished as hereinafter provided.
(Ordinance 2002-032, sec. 3, adopted 6/10/02; 1988 Code, sec. 7-48)
(a) 
Commission established; purpose.
There is hereby created a building and standards commission of the city, whose members shall be appointed by the city council to hear and determine cases concerning alleged violations of this article.
(b) 
Membership of commission; terms.
The building and standards commission created hereunder shall consist of seven (7) members appointed by the city council, each of whom shall be a resident of the city. The members of said commission shall hold their offices for a period of two (2) years, or until their successors are appointed, provided that three (3) of the seven (7) initially appointed hereafter shall serve for a term of one year, unless reappointed, such that all members shall ultimately serve a staggered term of two (2) years. As nearly as practical, the members of said commission shall be qualified in one or more of the fields of fire prevention, building construction, sanitation, health, public safety, and historic preservation, and as nearly as practical shall be selected one (1) each from each city council district. The city council may remove a commission member for cause on a written charge. Before a decision regarding removal is made, the city council must hold a public hearing on the matter if requested by the commission member subject to the removal action. The city council shall also appoint four (4) alternate members of the commission who shall serve in the absence of one (1) or more regular members when requested to do so by the city manager or a code inspector as the city manager’s designee. The alternate members serve for the same period and are subject to removal in the same manner as the regular members. Any vacancy on the commission shall be filled by appointment by the city council for the unexpired term. A vacancy for alternate members shall be filled in the same manner as a vacancy among the regular members. The city’s code inspectors shall also be ex-officio and nonvoting members of the building and standards commission.
(c) 
Proceedings.
(1) 
The building and standards commission shall upon due notice as set out herein conduct public hearings and other proceedings to implement and enforce the provisions of this article. In any event, public hearings as set out herein shall be conducted as otherwise provided herein and shall be a precedent to the issuance of any orders by said commission.
(2) 
The commission shall by majority approval of the entire commission adopt rules and establish procedures for use in said hearings, providing ample opportunity for presentation of evidence and testimony by respondents or persons opposing charges brought by the city or its code inspectors relating to alleged violations of this article.
(3) 
Meetings of the commission shall be held at the call of the chairperson and at other times as determined by the commission. All meetings of the commission shall be open to the public. Members of the commission shall by their own ballot choose a chairperson and vice-chairperson to serve in the absence of the chairperson. The chairperson or, in the chairperson’s absence, the acting chairperson may administer oaths and compel the attendance of witnesses. A quorum of four (4) members of the commission shall be necessary to conduct all business of the commission. All cases to be heard by the commission must be heard by at least four (4) members. The concurring vote of four (4) members of the commission shall be necessary to take any action under this article.
(4) 
The code inspectors of the city shall present all cases before the commission. The city attorney may, in his or her discretion, participate in the presentation of such cases or in any other matters to come before the commission.
(5) 
The commission shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. The commission shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the office of the commission as public records.
(6) 
In any public hearing or other proceeding conducted by the commission to determine whether a building or other structure complies with the requirements of this article, the owner, lienholder, or mortgagee shall have the burden of proof to demonstrate the scope of any work that may be required to comply with this article and the time it will take to reasonably perform the work.
(d) 
Notice requirements; orders.
(1) 
Unless other requirements are specified herein, notice of all public hearings and other proceedings before the commission must be given:
(A) 
By personal delivery or by certified mail, return receipt requested, to the record owners of the affected property, and each holder of a recorded lien against the affected property, as shown by the records in the office of the county clerk of Lamar County if the address of the lienholder can be ascertained from the deed of trust establishing the lien and/or other applicable instruments on file in the office of the county clerk; and
(B) 
To all unknown owners, by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable.
(2) 
In ascertaining the identity and addresses of any property owners or lienholders of the affected property, the code inspectors shall search the following records:
(A) 
Real property records of the county in which the property is located;
(B) 
Appraisal district records of the appraisal district in which the property is located;
(C) 
Records of the secretary of state, if the property owner or lienholder is a corporation, partnership, or other business association;
(D) 
Assumed name records of the county in which the property is located;
(E) 
City of Paris tax records; and
(F) 
City of Paris utility records.
(3) 
The notice must be posted and either personally delivered or mailed on or before the 10th calendar day before the date of the hearing before the commission and must state the date, time, and place of the hearing. In addition, the notice must be published in a newspaper of general circulation in the city on one occasion on or before the 10th calendar day before the date fixed for the hearing.
(4) 
In addition to the requirements of subsection (d)(3) of this section, all notices sent by mail shall contain as a minimum the following:
(A) 
An identification, which is not required to be a legal description, of the building and the property on which it is located;
(B) 
A description of the violation of city codes or ordinances that exist at the building;
(C) 
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 bring the structure into compliance with the requirements of this article along with proof of the time it will take to reasonably perform the work; and
(D) 
A statement that the city will vacate, secure, remove, or demolish the building if any ordered action is not taken within thirty (30) calendar days unless additional time is granted by the commission as set forth herein.
(5) 
The commission shall file notice of a proceeding before the commission 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 from a reasonable search of the records as set forth in subsection (d)(2) of this section, a legal description of the affected property, and a description of the proceeding. 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 proceeding on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice.
(6) 
When notice is mailed in accordance with this section to a property owner or lienholder 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.
(7) 
After a hearing on an affected property, the commission shall reduce any order it issues to writing. Each such order shall specify the action to be taken as part of the notice and shall order the owner, lienholder, or mortgagee of the building to, within thirty (30) calendar days, secure the building from unauthorized entry or repair, remove, or demolish the building, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within thirty (30) calendar days. If the commission allows the owner, lienholder, or mortgagee more than thirty (30) calendar days to repair, remove, or demolish the building, the commission shall set forth 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.
(8) 
The commission shall not allow the owner, lienholder, or mortgagee more than ninety (90) calendar 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 submits a detailed plan and time schedule for the work at the hearing and establishes at the hearing that the work cannot reasonably be completed within ninety (90) calendar days because of the scope and complexity of the work. In such case, the commission shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the commission and the code inspector 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 commission or the commission’s designee to demonstrate compliance with the time schedules.
(9) 
If the owner, lienholder, or mortgagee owns property, including structures or improvements on property, within the city limits that exceeds one hundred thousand dollars ($100,000.00) in total value, the 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 article. In lieu of a bond, the municipality 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 municipality. The bond must be posted, or the letter of credit or third party guaranty provided, not later than the 30th calendar day after the date the commission enters the order.
(10) 
Once the commission has reduced its order to writing, it 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 at the address ascertained as provided in subsection (d)(2) of this section.
(11) 
Within ten (10) calendar days after the date of issuing any order, the commission shall:
(A) 
File a copy of the order with the city clerk;
(B) 
Publish one (1) time in a newspaper of general circulation in the city a notice and abbreviated copy of the order containing:
(i) 
The street address or legal description of the property;
(ii) 
The date of the hearing;
(iii) 
A brief statement indicating the results of the order; and
(iv) 
Instructions stating where a complete copy of the order may be obtained.
(12) 
If, after the hearing, the owner does not take the ordered action within the allotted time, the municipality shall personally deliver or send by certified mail, return receipt requested, to each identified mortgagee and lienholder a notice containing:
(A) 
An identification, which is not required to be a legal description, of the building and the property on which the building is located;
(B) 
A description of the violation of municipal standards that is present at the building; and
(C) 
A statement that the municipality 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) 
Authority of commission; civil penalty.
Following notice and public hearing, the commission may undertake any of the following actions, or a combination of such actions:
(1) 
Declare a building or structure dangerous or substandard in accordance with the standards set out in this article;
(2) 
Order the securing, within a fixed period, of buildings or structures found to be in violation of this article;
(3) 
Order the demolition or removal, within a fixed period, of buildings or structures found to be in violation of this article;
(4) 
Order the repair, within a fixed period, of buildings or structures found to be in violation of this article;
(5) 
Order, in an appropriate case, the immediate vacation of persons or the immediate removal of property found on private property, enter on private property to secure the vacation or removal if it is determined that conditions exist on the property that constitute a violation of this article, and order action to be taken as necessary to remedy, alleviate, or remove any substandard building or structure found to exist;
(6) 
Issue orders or directives to any peace officer of the state, including a sheriff or constable or the chief of police of the city, to enforce and carry out the lawful orders or directives of the commission; and
(7) 
Upon a finding that the owner was actually notified of the provisions of this article and any other applicable city building standards, and a further finding that after the owner received notice of the provisions of this article, the owner committed acts in violation of this article or failed to take action necessary for compliance with this article, the commission then may determine the amount and duration of a civil penalty which the city may be entitled to recover for such violations, not to exceed one thousand dollars ($1,000.00) per day for each violation of this article for non-homestead property, or ten dollars ($10.00) per day for homestead property. Any civil penalty so assessed shall accrue interest at the rate of ten (10) percent a year from the date of assessment until paid in full;
(8) 
Provide notice, conduct public hearings and issue orders related to the abatement of public nuisances related to junk and rubbish as set forth in section 7.04.007.
(9) 
Provide notice, conduct public hearings, and issue orders related to residential rental property maintenance as set forth in article 4.04, section 4.04.004.
(f) 
Standards for orders.
The following standards shall be applied by the building and standards commission in determining whether or not to order a building or structure repaired, vacated, demolished, or secured, or a combination of such remedies:
(1) 
If the dangerous building or structure can be reasonably repaired so that it will no longer be in a condition which is in violation of this article, it shall be ordered repaired.
(2) 
If the dangerous building or structure is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants or of the public, it shall be ordered to be vacated.
(3) 
In any case where a dangerous building or structure is so damaged or destroyed that it cannot be repaired so that its existence will no longer be in violation of the terms of this article, it shall be ordered demolished and removed.
(4) 
If open to the public such as to constitute a threat to public health or safety, the commission may order such building secured by such means as the commission shall deem appropriate.
(g) 
Civil penalties final.
(1) 
An assessment of a civil penalty by the commission as provided in this article is final and binding and constitutes prima facie evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the city for final judgment as provided elsewhere herein.
(2) 
To enforce any civil penalty as assessed hereunder, the city clerk shall file with the district clerk of Lamar County a certified copy of the commission’s order establishing the amount and duration of the civil penalty. No other proof is required for a district court to enter final judgment on said penalty.
(Ordinance 2002-032, sec. 3, adopted 6/10/02; Ordinance 2017-009, sec. 4, adopted 3/27/17; 1988 Code, sec. 7-49; Ordinance 2022-028 adopted 5/9/22)
(a) 
Applicability.
This section shall apply only at such time and for so long as the city shall be designated as a certified local government by the state historical preservation office as provided by 16 U.S.C.A. section 470 et seq.
(b) 
Limitation.
This section shall not apply to an owner-occupied, single-family dwelling.
(c) 
Review by historic preservation commission.
Before a notice is set or a hearing is conducted pursuant to section 4.03.004 of this article, the city historic preservation commission may review the case materials for all buildings and structures in the historical district, for all designated landmark buildings and structures with a federal, state or local landmark designation, and for all buildings and structures fifty (50) years or older that are considered dangerous by the city’s code inspectors to determine whether such building or structure can be rehabilitated or designated:
(1) 
On the National Register of Historic Places;
(2) 
As a recorded Texas Historic Landmark; or
(3) 
As historic property as designated by the city council.
(d) 
If the city historic preservation commission reviews a building or structure, the historic preservation commission shall submit a written report to the building and standards commission indicating the results of the review conducted under this section before a public hearing is conducted pursuant to section 4.03.004 of this article.
(e) 
If the city historic preservation commission determines that a building or structure cannot be rehabilitated or designated as historic property, the building and standards commission shall proceed as provided in section 4.03.004 of this article.
(f) 
If the city historic preservation commission determines a building or structure may be rehabilitated or designated a historic property, the building and standards commission will defer any order of demolition for the building or structure for at least one hundred eighty (180) calendar days after the date the report from the city historic preservation commission is submitted to the building and standards commission. During this one hundred eighty (180) or greater calendar day period, the city historic preservation commission shall notify the owner and attempt to identify a feasible alternative use for the building or structure or locate an alternative purchaser to rehabilitate and maintain the building or structure. If the city historic preservation commission is unable to locate the owner or if the owner does not respond within the one hundred eighty (180) calendar day period, the city may seek the appointment of a receiver pursuant to section 214.003 of the Texas Local Government Code.
(g) 
The building and standards commission may require the building or structure to be demolished as provided in this article after the expiration of the one hundred eighty (180) or greater calendar day period if the city historic preservation commission is unable to:
(1) 
Identify a feasible alternative use of the building or structure;
(2) 
Locate an alternative purchaser to rehabilitate and maintain the building or structure; or
(3) 
In the absence of the owner or the owner’s response, cause the appointment of a receiver pursuant to section 214.003 of the Texas Local Government Code.
(h) 
An owner of a building or structure shall not be liable for penalties as otherwise authorized under section 4.03.004(e) of this article related to said building or structure during the one hundred eighty (180) or greater calendar day period provided for disposition of historic property under this section.
(Ordinance 2002-032, sec. 3, adopted 6/10/02; Ordinance 2012-016, sec. 2, adopted 5/31/12; 1988 Code, sec. 7-50)
(a) 
Any owner, lienholder, or mortgagee of record jointly or severally aggrieved by any order or decision of the commission may present a petition to a district court, duly verified, setting forth that the order or decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be presented to the court within thirty (30) calendar days after the date a copy of the final order or decision of the commission is personally delivered or mailed by first class mail, certified return receipt requested, to all persons to whom notice is required to be sent by this article.
(b) 
On presentation of the petition, the court may allow a writ of certiorari directed to the commission to review the decision of the commission and shall prescribe in the writ the time, which may not be less than ten (10) calendar days, within which a return on the writ must be made and served on the relator or the relator’s attorney.
(c) 
The commission may not be required to return the original papers acted on by it. It is sufficient for the commission to return certified or sworn copies of the papers or parts of the papers as may be called for by the writ.
(d) 
The return must concisely set forth other facts as may be pertinent and material to show the grounds for the decision appealed from and shall be verified.
(e) 
The allowance of the writ does not stay proceedings on the decision appealed from.
(f) 
The district court’s review shall be limited to a hearing under the substantial evidence rule. The court may reverse or affirm, in whole or in part, or may modify the decision brought up for review.
(g) 
Costs may not be allowed against the commission.
(h) 
If the decision of the commission is affirmed or not substantially reversed but only modified, the district court shall allow 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 possession of the property subject to the proceedings before the commission.
(Ordinance 2002-032, sec. 3, adopted 6/10/02; 1988 Code, sec. 7-51)
(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 as provided in section 4.03.006 herein on the ground that the lienholder was not notified of the proceedings before the commission 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.
(Ordinance 2002-032, sec. 3, adopted 6/10/02; 1988 Code, sec. 7-52)
If no appeals are taken pursuant to section 4.03.006 herein from the decision of the commission within the required period, the decision of the commission is, in all things, final and binding.
(Ordinance 2002-032, sec. 3, adopted 6/10/02; 1988 Code, sec. 7-53)
(a) 
If a building or structure is not vacated, secured, repaired, removed, or demolished in accordance with an order of the building and standards commission, the city may vacate, secure, remove, deconstruct, and/or demolish the building on its own initiative. This provision shall not be interpreted to limit the ability of the city to collect on a bond or other financial guaranty required under section 4.03.004(d)(9).
(b) 
If the city incurs expenses under this section, the city may assess the expenses on, and the city has a lien against (unless it is a homestead as protected by the Texas Constitution), the property on which the building or structure was or is 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. 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.
(c) 
If the notice is given and the opportunity to repair, remove, or demolish the building is afforded to each mortgagee and lienholder as authorized herein, the lien is a privileged lien subordinate only to tax liens.
(Ordinance 2002-032, sec. 3, adopted 6/10/02; 1988 Code, sec. 7-54; Ordinance 2022-042 adopted 7/11/22)
(a) 
Purpose.
The city recognizes the distinction between traditional demolition, which uses smaller work crew and heavy equipment for a swift dismantling of a structure, and deconstruction, which emphasizes the use of a trained labor force to manually extract material for use and resale. It is the purpose of this section to authorize the city to, where appropriate for structures it demolishes pursuant to final orders of the building and standards commission, utilize deconstruction methods to both reduce the costs of demolition to the city and to reduce the environmental impacts of such demolitions.
(b) 
Authority for deconstruction.
Prior to the city’s demolishing a structure under this article, the city shall have the authority to conduct deconstruction activities on such structure to salvage building materials. Said materials may include but shall not be limited to: Windows, doors, flooring, exterior siding, interior siding, shiplap, bead board, wood trim, lighting fixtures, plumbing fixtures, tiles, stone, bricks or other masonry type materials, steps, hand rails, banisters, hardware, cabinets, roof tiles, sinks, bathtubs, vanities, ceiling material, timbers, beams, posts, supports, skirting board, skirting, wainscoting, mopboard, floor molding, base molding, and crown molding. Appliances, furniture, and ornamental items may also be removed.
(c) 
Authority to contract for deconstruction services.
The city may contract with an outside contractor or deconstruction firm to perform the services outlined in this section. Any party with whom the city contracts to perform said services shall either be bonded or provide the city with a policy of insurance with coverages consistent with those required of contractors doing construction work on behalf of the city.
(d) 
No recourse by property owner against city for items removed under this section.
The owner or lienholder of property upon which deconstruction work has been performed is not entitled to and may not recover the value of any items removed from the structure prior to demolition. The hearing in front of the building and standards commission at which the demolition order is entered shall serve as the property owner’s or lienholder’s opportunity to be heard on deconstruction.
(Ordinance 2022-042 adopted 7/11/22)
The code inspectors of the city are hereby authorized to:
(1) 
Inspect or cause to be inspected any building or structure situated within the city where the code inspector has reason to believe conditions exist which render such building or structure a dangerous building or structure as that term is defined herein.
(2) 
If, upon inspection and investigation, the code inspector finds that the building or structure is a dangerous building or structure as that term is defined herein, the code inspector shall refer said building or structure to the commission for consideration as provided in section 4.03.004 herein.
(3) 
Place a notice on said dangerous building or structure to read substantially as follows:
NOTICE–DANGEROUS BUILDING. This building is unsafe, further use of this building is prohibited by order of the city code inspector. Do not remove this notice. Violation of this notice is punishable by fines or penalties.
(4) 
Upon a finding of immediate risk and danger to the public health and safety, and upon the order of the city manager, secure the exterior doors and all first-level windows of any dangerous building or structure, and provide such other security measures reasonably necessary to protect the public health and safety.
(5) 
Appear at all hearings conducted by the building and standards commission, testify as to the condition of dangerous or substandard buildings at such hearings, and perform all other staff-related functions in support of the activities of the building and standards commission.
(6) 
It shall be unlawful for any person to use any building or structure after the code inspector has placed a notice thereon as provided for in this section.
(Ordinance 2002-032, sec. 3, adopted 6/10/02; 1988 Code, sec. 7-55)
The city attorney is hereby authorized and it shall be the duty of the office of the city attorney, without further authorization of the city council, to undertake, by all legal means appropriate or necessary, the enforcement of the orders of the building and standards commission, including but not limited to enforcement in municipal court, filing of appropriate civil actions in courts of appropriate jurisdiction to seek compliance with said orders, or defending the city from suit if suit is taken to appeal any action of the building and standards commission.
(Ordinance 2002-032, sec. 3, adopted 6/10/02; 1988 Code, sec. 7-56)
(a) 
Remedies nonexclusive.
The remedies and penalties set out herein are intended to be nonexclusive; that is, they shall not be construed to exclude the city from seeking any and all remedies at law or equity to which the city may be entitled under state law or otherwise, and the remedies as set out herein shall be considered in addition to and cumulative of such remedies as set out under state law.
(b) 
Municipal court remedies preserved.
Remedies set out in this article shall not affect or be construed to affect the ability of the city to proceed under the jurisdiction of the municipal court.
(c) 
Penalties in municipal court.
(1) 
The owner, occupant, lessee, agent, or any other person subject to any notice and order issued by the building and standards commission under this article who shall fail to comply with said notice or order to repair, demolish, or secure such building or structure, or any person who shall willfully refuse or fail to leave a building or structure that has been ordered vacated under the terms of this article or who shall enter an area around such building or structure that has been declared to be dangerous, shall be deemed guilty of a misdemeanor and shall be subject to a fine as provided in section 1.01.009 of this code. Each and every day’s violation shall constitute a separate and distinct offense.
(2) 
If the owner of any dangerous building or structure ordered vacated, repaired, demolished, or secured under the terms of this article shall be a corporation and shall violate any of the provisions of this article, the president, vice-president, secretary, or treasurer of such corporation or any manager or agent of such corporation shall be jointly and severally liable for the penalties herein provided.
(3) 
Any person removing the notice provided for in this article from the building or structure shall be deemed guilty of a misdemeanor and subject to the penalties set forth in section 1.01.009 of this code.
(d) 
Civil action.
(1) 
Authorized.
The city attorney is hereby authorized to bring a civil action for the enforcement of any order issued by the building and standards commission in accordance with this article.
(2) 
Jurisdiction, venue and preferential setting.
The jurisdiction and venue of any such action shall be as established in accordance with subchapter B, section 54.013 of the Texas Local Government Code. The city attorney shall be authorized to seek a preferential setting for said action in accordance with section 54.014 of the Local Government Code.
(3) 
Remedies.
The city attorney may in his discretion seek any and all remedies authorized under state law, including the provisions of chapters 54 and 214 of the Texas Local Government Code. Such remedies may include, but may not be limited to, injunctive relief pursuant to section 54.016 of the Texas Local Government Code, enforcement and collection of civil penalties authorized under this article, an action to compel the repair, demolition, or securing of any building or structure, recovery of all costs and attorney’s fees, appointment of a receiver to administer any noncompliant property in accordance with section 214.003 of the Texas Local Government Code, and any and all other remedies actionable to the city under law or equity.
(4) 
Lis pendens authorized.
The city attorney may file a notice of lis pendens in the office of the county clerk regarding such action. If the city files such notice, a subsequent purchaser or mortgagee who acquires an interest in the noncompliant property takes the property subject to the enforcement proceeding of the city and subsequent orders of the court.
(e) 
Buildings or structures secured by city.
For any building or structure which the city itself secures in accordance with this article, following such securing of said building or structure, the city shall undertake the following procedure:
(1) 
Before the 11th calendar day after the date the building is secured, the city shall give notice to the owner of said property by:
(A) 
Personally serving the owner with written notice;
(B) 
Depositing the notice in the U.S. mail addressed to the owner at the owner’s post office address;
(C) 
Publishing the notice at least twice within a ten-calendar-day period in a newspaper of general circulation in the county in which the building or structure is located if personal service cannot be obtained and the owner’s post office address is unknown; or
(D) 
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.
(2) 
The notice must contain:
(A) 
An identification, which is not required to be a legal description, of the building or structure and the property on which it is located;
(B) 
A description of the violation of this article that is present on the premises;
(C) 
A statement that the city will secure, or has secured, as the case may be, the building or other structure; and
(D) 
An explanation of the owner’s entitlement to request a hearing before the building and standards commission about any matter relating to the city’s securing of the building.
(3) 
The city shall conduct a hearing before the building and standards commission 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 thirty (30) calendar days after the date the city secures the building, the owner files with the city clerk a written request for the hearing. The city shall conduct a hearing within twenty (20) calendar days after the date the request is filed.
(4) 
The city has the same authority to assess expenses under this section as it has to assess expenses under section 4.03.009 herein. A lien in the amount of such expenses is created under this section in the same manner that a lien is created under section 4.03.009 and is subject to the same conditions as a lien created under said section.
(Ordinance 2002-032, sec. 3, adopted 6/10/02; 1988 Code, sec. 7-57)
A property owner or a lienholder of property shall furnish written proof to a city code inspector of the proper and legal disposal at a landfill of all materials from a substandard, dangerous, or hazardous building or structure demolished pursuant to this article. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined in accordance with the general penalty provided in section 1.01.009, and each and every day’s continuance of any violation of this section shall constitute and be deemed a separate offense.
(Ordinance 2004-009, sec. 2, adopted 4/12/04; 1988 Code, sec. 7-58; Ordinance adopting 2021 Code)