§ 150.35 DEFINITIONS.

  (A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

     “DANGEROUS BUILDING.” Shall mean:

        (a) Any building, shed, fence, or other man-made structure which is dangerous to the public health because of its condition, and which may cause or aid in the spread of disease or injury to the health of the occupants of it or neighboring structures;

        (b) Any building, shed, fence, or other man-made structure which, because of faulty construction, age, lack of proper repair, or any other cause, is especially liable to fire and constitutes or creates a fire hazard;

        (c) Any building, shed, fence, or other man-made structure which, by reason of faulty construction or any other cause, is liable to cause injury or damage by collapsing or by a collapse or fall of any part of such structure;

        (d) Any building, shed, fence, or other man-made structure which, because of its condition or its lack of doors or windows, is available to and frequented by malefactors or disorderly persons who are not lawful occupants of such structure;

        (e) Any building, shed, fence, or other man-made structure which has a foundation that is not so free of holes, cracks, buckling, crumbling, and defects as to support adequately the structure; or

        (f) Any building, shed, fence, or other man-made structure which exists in violation of any provision of the building code of the city or other ordinances of the city.

  (B) Any such dangerous building in the city is hereby declared to be a public nuisance.

(Ord. 419, passed 7-15-85; Am. Ord. 512, passed 8-16-93; Am. Ord. 910, passed 12-19-16)

§ 150.36 REGULATION OF DANGEROUS STRUCTURES.

  (A)   As authorized by Chapter 214 of the Texas Local Government Code, 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 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 (A)(2) above.

  (B)   Any such structure in the city is hereby declared to be a public nuisance.

  (C)   The city hereby implements Chapter 214 of the Texas Local Government Code for enforcement of health and safety ordinances.

(Ord. 910, passed 12-19-16) Penalty, see § 150.99

§ 150.37 MAINTAINING EXISTENCE OF DANGEROUS BUILDING PROHIBITED.

  (A)   It shall be unlawful to maintain or permit the existence of any dangerous building in the city; and it shall be unlawful for the owner, occupant, or person in custody of any dangerous building to permit the same to remain in a dangerous condition, or to occupy such building or permit it to be occupied while it is or remains in a dangerous condition.

  (B)   As authorized by Chapter 214 of the Texas Local Government Code, the city may secure a building it determines violates the minimum standards and is unoccupied, or is occupied only by persons who do not have a right of possession to the building.

(Ord. 910, passed 12-19-16) Penalty, see § 150.99

§ 150.38 NOTIFICATION UPON DETERMINATION.

  (A)   Whenever the Code Enforcement Officer shall be of the opinion that any building or structure in the city is a dangerous building, he or she shall issue a written notice to all property owners, lienholders, or registered agents, stating the building has been declared to be in a dangerous condition; that the owner, lienholder, and/or mortgagee may appear at a public hearing before the Board of Commissioners to determine whether the building complies with the standards set out in this subchapter; and that the owner, lienholder, and/or mortgagee will be required to submit proof of the scope of any work that may be required to comply with this subchapter and the time it will take to reasonably perform the work.

  (B)   The Code Enforcement Officer will search the following records to determine the identity and address of each property owner, lienholder, or registered agent:

     (1)   County real property records;

     (2)   County appraisal district records;

     (3)   Records of the Secretary of State if the property owner, lienholder, or registered agent is a corporation, partnership, or other business association;

     (4)   County assumed name records;

     (5)   City tax records; and

     (6)   City utility records.

  (C)   The notice will be sent to the record owners of the affected property, and each holder of recorded lien against the affected property, as shown by the records in the office of the County Clerk of the county in which the affected property is located, if the address of the lienholder can be ascertained from the deed of trust establishing the lien or other applicable instruments on file in the office of the County Clerk;

  (D)   The notice will be given as follows:

     (1)   By personal delivery, by certified mail with return receipt requested, or by delivery by the United States Postal Service using signature confirmation service 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 if the address of the lien holder can be ascertained;

     (2)   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; and

     (3)   By publication in a newspaper of general circulation in the municipality on one occasion on or before the tenth day before the date fixed for the hearing.

  (E)   The notice must be posted and either personally delivered or mailed on or before the tenth day before the date of the hearing before the commission panel, and must state the date, time, and place of the hearing.

  (F)   The notice 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 this subchapter, and the time it will take to reasonably perform the work.

  (G)   The notice sent to the owner shall include the following statement: “According to the real property records of Wichita County, you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 20th day after the date you receive this notice. If you do not send the affidavit, it will be presumed that you own the property described in this notice, even if you do not.”

  (H)   When the notice is mailed in accordance with this section to a property owner, lienholder, or registered agent, 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.

(Ord. 910, passed 12-19-16)

§ 150.39 HEARINGS BEFORE THE BOARD OF COMMISSIONERS.

  (A)   The Code Enforcement Officer, or his or her designee, shall file and present all cases to the Board of Commissioners on behalf of the city.

  (B)   The Board of Commissioners shall consider the charges presented by the Code Enforcement Officer, or his or her designee, and the response presented by the respondents or persons opposing charges brought by the Code Enforcement Officer, relating to alleged violations of this subchapter. After consideration of the evidence and testimony, the Board of Commissioners may:

     (1)   Dismiss the charges brought by the Code Enforcement Officer or his or her designee;

     (2)   Order the repair, within a fixed period of time, generally within 30 days, of structures found to be in violation of this subchapter;

        (a)   If more than 30 days are required to repair, remove, or demolish the building, the Commission shall establish specific time schedules for 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.

        (b)   If the owner, lienholder, or mortgagee establishes at the hearing that the work cannot be reasonably completed within 90 days, the Commission may allow more than 90 days to repair, remove, or demolish the building, provided the owner, lienholder, or mortgagee submits a detailed plan and time schedule for the work at the hearing, and the Commission orders regular progress reports to be submitted by the owner, lienholder, or mortgagee to demonstrate compliance with the submitted time schedules. If the owner, lienholder, or mortgagee owns property within the municipal boundaries that exceeds $100,000 in total value, the Commission may require the owner, lienholder, or mortgagee to post a cash or surety bond or a letter of credit from a financial institution or guaranty from a third party approved by the municipality in an amount adequate to cover the costs of repairing, removing, or demolishing the building.

     (3)   Declare the building substandard in accordance with the powers granted by this subchapter;

     (4)   Order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure removal if it is determined the conditions exist on the property that constitute a violation of this subchapter, and order action to be taken as necessary to remedy, alleviate, or remove any substandard structure found to exist in violation of this subchapter;

     (5)   Issue orders or directives to any peace officer of the state, including a Sheriff or a Constable or the Chief of Police, to enforce and carry out the lawful orders or directives of the Board of Commissioners; and/or

     (6)   Determine the amount and duration of the civil penalty to be assessed against the owner of the property and/or structure.

  (C)   Any owner, lienholder, or mortgagee of record jointly or severally aggrieved by any decision of the city may present a petition to the County District Courts pursuant to § 214.0012 of the Texas Local Government Code.

(Ord. 910, passed 12-19-16)

§ 150.40 UPON DECLARATION OF SUBSTANDARD BUILDING.

  (A)   Upon declaration by the Board of Commissioners that a building is substandard, a notice shall be placed on the dangerous building to read as follows:

“This building has been found to be a dangerous building by the Board of Commissioners. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given the owner. It is unlawful to remove this notice until such notice is complied with.”

  (B)   The Board of Commissioners, or its designee, will have sent by personal delivery, or by certified mail, return receipt requested, to each owner, lienholder, or mortgagee of record, a copy of the final decision of the Board of Commissioners. Additionally, within ten calendar days after the date of mailing the decision to the owner, lienholder, or mortgagee of record, the Board of Commissioners, or its designee, shall cause to be published one time, in a newspaper of general circulation in the municipality, an abbreviated copy of the order, including the street address or legal description of the property, the date of the hearing, a brief statement of the results of the order, and instructions stating where a complete copy of the order may be obtained. The Board of Commissioners, or its designee, will also file a copy of its decision with the Municipal Clerk.

(Ord. 910, passed 12-19-16)

§ 150.41 DEMOLITION OF BUILDING.

  (A)   If the building is declared substandard and is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time, the municipality may vacate, secure, remove, or demolish the building, or relocate the occupants, and assess the expenses or file a lien against the property on which the building was located, unless the property is properly designated as a homestead.

  (B)   Nothing contained herein shall be deemed a limitation on the ability of the city to summarily order the demolition of any building or structure where it is apparent that the immediate demolition of the building or structure is necessary to the preservation of life and property in the city. In the event it is necessary during a fire or immediately after a fire that an emergency exists, and the city has to contract with some company or individual for equipment to demolish or tear down the walls of a building or the building itself, where the fire exists or immediately after the fire, the cost of having hired such equipment to perform such duties shall be charged to and paid by the owner of the premises, and charged as a lien upon the real property on which the building or buildings are situated.

(Ord. 910, passed 12-19-16)

§ 150.99 PENALTY.

  (A)   The Board of Commissioners may assess a civil penalty for failure to comply with its orders issued under the authority of §§ 150.35 through 150.41. The civil penalty may not exceed $1,000 per day, or $10 per day if the property is the owner's lawful homestead. The civil penalty shall be enforced as provided in § 214.0015 of the Texas Local Government Code.

  (B)   The Board of Commissioners’ assessment of civil penalties for violations of §§ 150.35 through 150.41 does not affect the city's ability to proceed under the jurisdiction of the municipal court.

(Ord. 419, passed 7-15-85; Am. Ord. 512, passed 8-16-93; Am. Ord. 910, passed 12-19-16)