(a) 
Definitions.
Responsible party.
The owner, occupant or person in custody of the building or structure.
Unsafe building.
(1) 
Any building or structure in or about which any or all of the following conditions exist:
(A) 
Walls or other vertical structure members list, lean or buckle;
(B) 
Damage or deterioration exists to the extent that the building is unsafe;
(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 that the same is unfit for human habitation 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 welfare, 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;
(2) 
A condition exists in violation of the standards set forth in subsection (1) above which condition renders the building or structure unsafe, unsanitary, or otherwise detrimental to the health, safety, morals, or welfare or the people of the city.
(b) 
Continued use, occupancy of buildings.
A responsible party may continue to use and occupy any building located within the city, regardless of the date said building was constructed if such building meets the applicable minimum standards for buildings.
(Ordinance 91-1-15, sec. I, adopted 1/15/91)
(a) 
It shall be unlawful for any person to maintain or permit the existence of any unsafe building in the city; and it shall be unlawful for any person to permit same to remain in such condition.
(b) 
All unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures provided in this article.
(c) 
The building official shall enforce the provisions of this article.
(Ordinance 91-1-15, sec. II, adopted 1/15/91)
The building official shall inspect, or cause to be inspected, every building, or portion thereof, reported to be unsafe. If such building, or any portion thereof is determined to be unsafe, the building official shall give the responsible party notice in accordance with the requirements set forth in sections 3.05.004 and 3.05.005 of this article.
(Ordinance 91-1-15, sec. III, adopted 1/15/91)
(a) 
Whenever the building official determines that a building is unsafe, he shall give notice of such determination to the responsible party.
(b) 
Such notice shall:
(1) 
Be in writing;
(2) 
Identify the specific conditions upon which such determination was based;
(3) 
Specify the corrective measures required;
(4) 
Provide a reasonable time for compliance;
(5) 
Advise the responsible party that there will be conducted a public hearing before the city council to determine whether a building complies with the standards set out in section 3.05.001, definition of “unsafe building.” Said notice shall inform the responsible party of the date, time, and place of the hearing;
(6) 
Be served upon the responsible party as set out in this article.
(Ordinance 91-1-15, sec. IV, adopted 1/15/91)
Notice given pursuant to this article shall be deemed properly served upon the responsible party if a copy thereof is:
(1) 
Served upon him personally;
(2) 
Sent by registered or certified mail, return receipt requested, to the last known address of such person as shown on the records of the city; or
(3) 
Posted in a conspicuous place in or about the building affected by the notice.
(Ordinance 91-1-15, sec. V, adopted 1/15/91)
(a) 
The purpose of the public hearing is to determine whether or not the building is unsafe in accordance with the standards set forth in section 3.05.001, definition of “unsafe building.”
(b) 
The matter shall be set for hearing before the city council at the earliest practicable date and notice of said hearing shall be served on the responsible party and the building official not less than ten (10) days prior to date of said hearing. All interested persons shall have the opportunity to be heard and may introduce evidence to the city council for its members’ consideration.
(c) 
After the public hearing, the city council shall make such findings and orders as it shall deem appropriate.
(d) 
After the public hearing, if a building is found in violation of standards set out in section 3.05.001, definition of “unsafe building,” the city council may order that the building be vacated, secured, repaired, removed, or demolished by the owner within a reasonable time. The city council also may order that the occupants be relocated within a reasonable time. If the responsible party does not take the ordered action within the allotted time, the city council 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 city secretary shall send to each identified mortgagee and lienholder a notice containing:
(1) 
An identification, and address of the building and the property on which it is located;
(2) 
A description of the violation of this article that is present at the building; and
(3) 
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) 
As an alternative to the procedure prescribed by subsection (d), described above, the city council shall make a diligent effort to discover each mortgagee and lienholder before conducting the public hearing and shall give them a notice of and an opportunity to comment at the hearing. If the city proceeds under this subsection, the order issued by the city council shall specify a reasonable time for the building to be vacated, secured, repaired, removed, or demolished by the responsible party or for the occupants to be relocated by the responsible party and an additional reasonable time for the ordered action to be taken by any of the mortgagees or lienholders in the event the responsible party fails to comply with the order within the time provided for action by the responsible party. Under this subsection, the city is not required to furnish any notice to a mortgagee or lienholder other than a copy of the order in the event the responsible party fails to timely take the ordered action.
(f) 
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.
(g) 
If the city incurs expenses under subsection (f), the city may assess the expense 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 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.
(h) 
If the notice is given and the opportunity to repair, remove, or demolish the building is afforded to each mortgagee and lienholder as authorized by subsections (d) or (e), the lien is a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens attached to the real property to which the city’s lien attaches.
(Ordinance 91-1-15, sec. VI, adopted 1/15/91)