HomeMy WebLinkAbout1943 02-14-2012 ORDINANCE NO. 1943
AN ORDINANCE OF THE CITY OF EULESS, TEXAS AMENDING
CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS", OF THE
CODE OF ORDINANCES OF THE CITY OF EULESS (1993), AS
AMENDED, BY AMENDING ARTICLE XII "ABATEMENT OF
DANGEROUS BUILDINGS", TO INCLUDE REGULATIONS
APPLICABLE TO SUBSTANDARD AND DANGEROUS BUILDINGS;
PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL,
SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD
BUILDINGS; PROVIDING FOR A CIVIL PENALTY; PROVIDING
THAT THIS ORDINANCE SHALL NOT LIMIT THE AUTHORITY OF
THE CITY; AMENDING CHAPTER 14, ARTICLE X TO PROVIDE
PROCEDURES IN THE "EULESS MINIMUM HOUSING CODE"
CONSISTENT WITH ARTICLE XII; REPEALING ARTICLE XIII
"SECURE SUBSTANDARD OR DANGEROUS STRUCTURES";
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION
IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Euless is a home rule city acting under its Charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, the City Council of the City of Euless desires to update, revise and clarify
the standards and regulations that apply to substandard buildings in conformance with legislative
amendments,and to provide for a civil penalty as permitted by law; and
WHEREAS, the City Council of the City of Euless deems it necessary to adopt this
ordinance providing minimum standards to safeguard the health, property and welfare of the
citizens of Euless by regulating and controlling the use, occupancy, maintenance, repair, vacation,
removal, demolition, and abatement of substandard and dangerous buildings within the City of
Euless; and
WHEREAS, in addition to the City's authority as a home rule city to adopt these
regulations, Chapter 214 of the Local Government Code authorizes a municipality to regulate
substandard buildings and establishes procedures therefore; and
WHEREAS, it is the intention of the City Council of the City of Euless to establish
minimum standards for the continued use and occupancy of all buildings regardless of the date of
their construction and to provide for the giving of proper notice to the owner of a building and to
provide for a public hearing to determine whether a building complies with the standards set out
in this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EULESS,TEXAS:
SECTION 1.
That Article XII of Chapter 14 of the Code of Ordinances of the City of Euless, Texas, is
hereby amended to read as follows:
ARTICLE XII.—ABATEMENT OF DANGEROUS BUILDINGS
Sec. 14-331.-Purpose and Scope.
(A) Purpose. It is the purpose of this article to provide a just, equitable and practical method,
to be cumulative with and in addition to any other remedy provided by the residential
code, building code, electrical code, fire code, mechanical code, plumbing code, housing
code, property maintenance code, chapter 214 of the Texas Local Government Code, or
otherwise available at law, whereby buildings, as defined herein, which from any cause
endanger the life, limb, health, property, safety, morals or welfare of the general public or
their occupants, may be required to be repaired, vacated,demolished,removed or secured.
(B) Scope. The provisions of this article shall apply to all buildings which are hereinafter
defined as dangerous or substandard, whether now in existence or whether they may
hereafter become dangerous or substandard.
Sec. 14-332.-Definitions.
Building means and includes any building, fence, awning, canopy, sign, shed, garage,
house, tent or other structure whatsoever. The enumeration of specific types of structures shall not
be deemed to exclude other types of structures to which the sense and meaning of the provisions
hereof in context reasonably have application.
Housing and Structure Board (sometimes referred to as "the board") means the body as
designated by the City Council for the purpose of hearing appeals under applicable
housing and substandard building codes of the City.
Building code means the International Building Code, as adopted and amended by the city.
Building official means the officer or other designated authority charged with the
administration and enforcement of the chapter and the codes adopted herein, or the
Building Official's duly authorized representative such as Deputy Building Official,
building inspector,code enforcement officer, and health officer.
Electric code means the National Electrical Code, as adopted and amended by the city.
Ordinance No. 1943,Page 2 of 21
Fire code means the International Fire Code, as adopted and amended by the city.
Fire Marshal means the fire marshal of the City of Euless or his designee.
Housing code means Article X, Euless Minimum Housing Code, of Chapter 14 of the City
of Euless Code of Ordinances, as adopted and amended by the city.
Mechanical code means the International Mechanical Code, as adopted and amended by
the city.
Person means any individual, proprietorship, corporation, firm, association, or other legal
entity.
Plumbing code means the International Plumbing Code, as adopted and amended by the
city.
Property Maintenance Code means the International Property Maintenance Code, as
adopted and amended by the city.
Residential Code means the International Residential Code, as adopted and amended by
the city.
Sec. 14-333.-Enforcement.
(A) General.
(1) Administration. The building official is hereby authorized to enforce the provisions
of this article. The building official shall have the power to render interpretations
of this article and to adopt and enforce rules and supplemental regulations in order
to clarify the application of its provisions. Such interpretations, rules and
regulations shall be in conformity with the intent and purpose of this article.
(2) Inspections. The building official and the fire marshal are hereby authorized to
make such inspections and take such further actions as may be required to enforce
the provisions of this article.
(3) Right of entry. When it is necessary to make an inspection to enforce the
provisions of this article, or when the building official has a reasonable cause to
believe that there exists in a building or upon a premises a condition which is
contrary to or in violation of this article which makes the building or premises
unsafe, dangerous, or hazardous, the building official and his designated assistants
may enter the building or premises at reasonable times to inspect or perform the
duties imposed by this article, provided that if such building or premises be
occupied that credentials be presented to the occupant and entry requested. If such
building or premises are unoccupied, the building official or his designee shall first
make a reasonable effort to locate the owner or other person having charge or
control of the building or premises and request entry. If entry is refused, the
Ordinance No. 1943,Page 3 of 21
building official shall have recourse to the remedies provided by law to secure
entry.
(B) Abatement of dangerous or substandard buildings. All buildings or portions thereof which
are determined after inspection by the building official to be dangerous or substandard as
defined by this article are hereby declared to be public nuisances and shall be abated by
repair, vacation, demolition, removal or securing in accordance with the procedures
specified in this article.
(C) Unlawful to violate article. It shall be unlawful for any person, to erect, construct, use,
occupy or maintain any building that is deemed herein to be a nuisance or cause or permit
the same to be done in violation of this article.
(D) Inspection authorized. All buildings within the scope of this article and all construction or
work for which a permit is required shall be subject to inspection by the building official.
Sec. 14-334. - Substandard buildings declared.
(A) For the purposes of this article, any building, regardless of the date of its construction,
which has any or all of the conditions or defects hereinafter described shall be deemed to
be a substandard building, and a nuisance:
(1) Whenever any building is dilapidated, substandard, or unfit for human habitation
and a hazard to the public health, safety and welfare in the opinion of the building
official.
(2) Whenever any building, regardless of its structural condition, is 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.
(3) Any building that is 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.
(4) Whenever any building, 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
cause, is determined by the fire marshal to be a fire hazard.
(5) Whenever any building is in such a condition as to create a public nuisance known
under common law or in equity jurisprudence.
Ordinance No. 1943,Page 4 of 21
(6) Whenever any portion of a building remains on a site after the demolition or
destruction of the building.
(7) Whenever any building is abandoned so as to make such building or portion
thereof an attractive nuisance or hazard to the public.
(8) Any building existing in violation of any provision of the residential code, building
code, fire code, plumbing code, mechanical code, electrical code, housing code, or
property maintenance code of the city to the extent that the life, health or safety of
the public or any occupant is endangered.
(B) For the purposes of this article, any building, regardless of the date of its construction,
which has any or all of the conditions or defects hereinafter described to an extent that
endangers the life, limb, health, property, safety, morals or welfare of the public or the
occupants of the building shall be deemed and hereby is declared to be a substandard
building, and a nuisance:
(1) Whenever any 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 in case of fire or panic.
(2) Whenever the walking surface of any aisle, passageway, stairway or other means
of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe
and adequate means of exit in case of fire or panic.
(3) Whenever the stress in any materials, or members or portion thereof, due to all
dead and live loads, is more than one and one half times the working stress or
stresses allowed in the building code for new buildings of similar structure,
purpose or location.
(4) Whenever any portion of the building has been damaged by fire, earthquake, wind,
flood or by any other cause, to such an extent that the structural strength or
stability thereof is materially less than it was before such catastrophe and is less
than the minimum requirements of the building code for new buildings of similar
structure,purpose or location.
(5) Whenever any portion or member or appurtenance thereof is likely to fail, or to
become detached or dislodged, or to collapse and thereby injure persons or damage
property.
(6) Whenever any portion of a building, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength or stability, or is
not so anchored, attached or fastened in place so as to be capable of resisting a
wind pressure of one half of that specified in the building code for new buildings
of similar structure, purpose or location without exceeding the working stresses
permitted in the building code for such buildings.
Ordinance No. 1943,Page 5 of 21
(7) Whenever any portion of a building has wracked, warped, buckled or settled to
such an extent that walls or other structural portions have materially less resistance
to winds or earthquakes than is required in the case of similar new construction.
(8) Whenever the building, or any portion thereof, is likely to partially or completely
collapse because of:
a. Dilapidation, deterioration or decay;
b. Faulty construction;
c. The removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building;
d. The deterioration, decay or inadequacy of its foundation; or
e. Any other cause.
(9) Whenever, for any reason, the building, or any portion thereof, is manifestly
unsafe for the purpose for which it is being used.
(10) Whenever the exterior walls or other vertical structural members 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.
(11) Whenever the building, exclusive of the foundation, shows 33 percent or more
damage or deterioration of its supporting member or members, or 50 percent or
more damage or deterioration of its non-supporting members, enclosing or outside
walls or coverings.
(12) Whenever the building has been so damaged by fire, wind, earthquake, flood or
any other cause, or has become so dilapidated or deteriorated as to become:
a. An attractive nuisance to children; or
b. A harbor for vagrants, criminals or immoral persons.
(13) Whenever any building has been constructed, exists or is maintained in violation of
any specific requirement or prohibition applicable to such building provided by the
building code, or of any law or ordinance of this state or city relating to the
condition, location or structure of buildings.
(14) Whenever any building which, whether or not erected in accordance with all
applicable laws and ordinances, has in any non-supporting part, member or portion
less than 50 percent, or in any supporting part, member or portion less than 66
percent of the strength, fire-resisting qualities or characteristics, or weather-
resisting qualities or characteristics required by law in the case of a newly
Ordinance No. 1943,Page 6 of 21
constructed building of like area,height and occupancy in the same location.
(15) Whenever a building, used or intended to be used for dwelling purposes, because
of inadequate maintenance, dilapidation, decay, damage, faulty construction or
arrangement, inadequate light, air or sanitation facilities, or otherwise, is
determined by the building official to be unsanitary, unfit for human habitation or
in such a condition that is likely to cause sickness or disease for reasons including,
but not limited to, the following:
a. Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling
unit.
b. Lack of, or improper water closets, lavatories and bathtubs or showers per
number of guests in a hotel.
c. Lack of, or improper kitchen sink in a dwelling unit.
d. Lack of hot and cold running water to plumbing fixtures in a hotel.
e. Lack of hot and cold running water to plumbing fixtures in a dwelling unit
f. Lack of required heating facilities.
g. Lack of, or improper operation of, required ventilating equipment.
h. Lack of minimum amounts of natural light and ventilation required by this
code.
i. Room and space dimensions less than required by this code, the building
code, or the housing code.
j. Lack of required electrical lighting.
k. Dampness of habitable rooms.
1. Infestation of insects, vermin or rodents.
m. General dilapidation or improper maintenance.
n. Lack of connection to required sewage disposal system.
o. Lack of adequate garbage and rubbish storage and removal facilities.
p. Accumulation of animal or human urine or feces, mold, or any condition
that could likely harbor or spread disease.
(C) For purposes of this article, any building, regardless of its date of construction, which
Ordinance No. 1943,Page 7 of 21
exists in violation of Chapters 3 through 7 of the property maintenance code, or similar
provisions in any later version of the property maintenance code which may hereafter be
adopted or amended by the city, to an extent that endangers the life, limb, health, property,
safety, or welfare of the public or the occupants thereof, shall be deemed and hereby is
declared to be a substandard building and a nuisance.
Sec. 14-335. -Determination by building official.
When the building official has inspected or caused to be inspected any building and has
found and determined that the building is substandard, the building official may take any or all of
the following actions, as he deems appropriate:
(1) Issue notice to the record owner that the building is substandard and must be
repaired, listing the deficiencies, or issue notice to the record owner that the
building is substandard, and that the nature and/or the extent of the deficiencies
make repair infeasible, so that the building must be demolished, listing the
deficiencies;
(2) Issue citation(s)for violation(s) of this article;
(3) Secure the building if permitted by subsection 14-342(A)below;
(4) Recommend to the board that abatement proceedings be commenced pursuant to
section 14-336 below.
Sec. 14-336. -Public hearing for abatement of substandard buildings.
(A) Commencement of proceedings. When the building official has found and determined that
a building is a substandard building, the building official may commence proceedings to
cause the repair, vacation, relocation of occupants, removal, demolition or securing of the
building.
(B) Public hearing to be held Except when the building official finds that a building is likely
to immediately endanger persons or property, a public hearing before the board shall be
held to determine whether a building complies with the standards set out in section 14-334
above. If the building official determines that the building constitutes an immediate
danger,the procedures set forth in section 14-342(B) shall be followed.
(C) Notice. Not less than ten days prior to the date on which the hearing is set, the building
official shall issue a notice of the public hearing directed to the record owner of the
building and to all mortgagees and lienholders. The city shall use diligent efforts to
determine the identity and address of any owner, lienholder or mortgagee of the building
through search of the county real property records; appraisal district records; records of
the secretary of state; assumed name records of the county; tax records of the city; and
utility records of the city. The notice shall contain:
(1) The name and address of the record owner;
Ordinance No. 1943,Page 8 of 21
(2) The street address or legal description sufficient for identification of the premises
upon which the building is located;
(3) A statement that the building official has found the building to be substandard or
dangerous, with a brief and concise description of the conditions found to render
the building dangerous or substandard under the provisions of section 14-334
above.
(4) 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 article, and the time it will take to reasonably perform the work.
(5) Notice of the time and place of the public hearing.
(6) A statement that if the building is found to be in violation of this article,the board
may order that the building be vacated, secured, repaired, removed or demolished
within a reasonable time.
(D) Additional notice of public hearing. Prior to the public hearing, the city may file a copy of
the notice mailed pursuant to subsection (C) above in the official public records of real
property in the county.
(E) Burden of proof At the public hearing, the city has the burden of proof to establish that
the building or structure at issue is not in compliance with applicable city codes, and is
substandard as defined by this article, and to identify the specific deficiencies or code
violations; and the owner, lienholder and mortgagee have the burden of proof to establish
the scope of any work that may be required to comply with this article,the time it will take
to reasonably perform the work, and the financial ability and willingness of the owner,
lienholder and/or mortgagee to perform the work with diligence and dispatch.
(F) Conduct of public hearing. At the public hearing, the owner of the building, and all other
interested persons may make their appearance and be heard. Any evidence may be
received and considered by the board,provided, however,that the board shall not consider
evidence as to the existence or extent of any deficiencies or code violations which were
not identified in the notice to the record owner described in this section. The chairman of
the board, or in his absence, any officer designated by rules adopted by the board to
preside at meetings, shall preside and shall determine all questions of order. The hearing
may be adjourned from day to day or continued upon a majority vote of the board.
Sec. 14-337. - Order of Housing and Structure Board.
(A) Findings of the board.
(1) If the board, by a majority vote, finds upon evidence presented at the public
hearing that the building is not in violation of standards set out in section 14-334,
the board shall order that the enforcement action cease; provided, however, that
Ordinance No. 1943,Page 9 of 21
such order shall neither prevent the building official from instituting a new
enforcement action for other violations the building official alleges have been
determined to exist, nor shall such order prevent the building official from
instituting a new enforcement action for the same violations if the building official
later determines that the conditions as determined by the board have materially
changed as to such violations.
(2) If the board, by a majority vote, finds upon evidence presented at the public
hearing that the building is in violation of standards set out in section 14-334, that
such conditions can reasonably be remedied by repair within a reasonable time,
and that the owner, lienholder, or mortgagee is financially able and is willing to
conduct or cause such repairs to be made within a reasonable time, the board shall
identify the specific violations found to exist, and order that the owner, mortgagee
and/or lienholder repair such violations, and, if necessary to the public safety,
vacate, secure, or relocate the occupants, within such reasonable times as
determined by the board to be appropriate, as provided herein.
(3) If the board, by a majority vote, finds upon evidence presented at the public
hearing that the building is in violation of standards set out in section 14-334, and
that such conditions cannot reasonably be remedied by repair, or that neither the
owner, lienholder, nor the mortgagee are financially able or willing to conduct or
cause such repairs to be made within a reasonable time, board shall identify the
specific violations found to exist, and order that the owner, mortgagee or
lienholder remove or demolish the building, and, if necessary to the public safety,
vacate and secure the building and/or relocate the occupants, within such
reasonable times as determined by the board to be appropriate, as provided herein,
or order such other relief as is permitted by this article.
(B) Time allowed to complete work
(1) Unless the owner, lienholder, or mortgagee establishes at the hearing that the work
cannot reasonably be performed within 30 days, the order shall require the owner,
lienholder or mortgagee of the building to, within 30 days, take one or more of the
following actions:
a. Vacate the building;
b. Secure the building from unauthorized entry;
c. Repair the violations; and/or
d. Remove or demolish the building.
(2) If the owner, lienholder, or mortgagee establishes at the hearing that the work
cannot reasonably be performed within 30 days, and the board allows the owner,
lienholder or mortgagee more than 30 days to repair, remove or demolish the
building, the board shall establish specific time schedules as the board determines
Ordinance No. 1943,Page 10 of 21
are appropriate 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.
(3) The board 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:
a. Submits a detailed plan and time schedule for the work at the hearing; and
b. Establishes at the hearing that the work cannot be reasonably completed
within 90 days because of the scope and complexity of the work.
(4) If the board 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 board shall require the owner, lienholder or mortgagee to regularly submit
progress reports to the building official to demonstrate that the owner, lienholder
or mortgagee has complied 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 board or the building official to:
a. Demonstrate compliance with the time schedules; and
b. If the owner, lienholder or mortgagee, owns property, including structures
and improvements on property within the city's boundaries of a value that
exceeds $100,000.00, to post cash, a surety bond, a letter of credit or third
party guaranty to cover the cost of the work ordered by the board.
(C) Contents of order. The order of the board must contain at minimum:
(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 each violation of minimum standards present in the building; and
(3) A description of each of the ordered actions, including a statement that the owner
may repair, if determined feasible by the board, or demolish or remove, the
building at his option;
(4) A statement that the city will vacate, secure, remove or demolish the building
and/or relocate the occupants of the building if the ordered action is not taken
within the time allowed, and charge the costs of such actions to the owner, and
impose a lien against the property for all such costs; and
(5) If the board has determined that the building will endanger persons or property and
that the building is a dwelling with ten or fewer dwelling units, a statement that the
city may repair the building and charge the costs to the to the owner, and impose a
Ordinance No. 1943, Page 11 of 21
lien against the property if the ordered action is not taken within the time allowed.
Sec. 14-338. -Notice of Order of Housing and Structure Board.
(A) Order shall be mailed. After the public hearing, the building official shall promptly mail,
by certified mail, return receipt requested, a copy of the order to the record owner of the
building, and each identified lienholder and mortgagee of the building.
(B) Order shall be filed with city secretary. Within ten days after the date that the order is
issued by the board, the building official shall file a copy of the order in the office of the
city secretary.
(C) Order shall be published. Within ten days after the date the order is issued by the board,
the building official shall publish in a newspaper of general circulation within the city a
notice containing:
(1) The street address or legal description of the property;
(2) The date the hearing was held;
(3) A brief statement indicating the results of the order; and
(4) Instructions stating where a complete copy of the order may be obtained.
Sec. 14-339. -Enforcement of the Order of Housing and Structure Board.
(A) If the order is not complied with, the city may take action as provided herein. If the
building is not vacated, secured, repaired, removed or demolished within the time
specified by the order, the city may vacate, secure, repair, remove or demolish the
building or relocate the occupants at its own expense; provided, however that remedial
action by the city does not limit the ability of a municipality to collect on a bond or other
financial guarantee that may be required by subsection 14-337(B)(4) of this article.
(B) Posting of notice to vacate building. If the order requires vacation and if compliance is not
had with the order within the time specified therein, the building official is authorized to
require that the building be vacated. Notice to vacate shall be mailed by certified mail,
return receipt requested, to the occupant of the building and it shall be posted at or upon
each entrance to the building and shall be in substantially the following form:
"SUBSTANDARD BUILDING
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building or to remove or deface this notice.
Building Official
City of Euless"
Ordinance No. 1943,Page 12 of 21
(C) Remedial action by city. Any repair, demolition work, or securing of the building shall be
accomplished and the cost thereof paid and recovered in the manner hereinafter provided.
Any surplus realized from the sale of such building, or from the demolition thereof, over
and above the cost of demolition and cleaning of the lot, shall be paid to the person or
persons lawfully entitled thereto.
(D) Failure to obey order. Any person to whom an order pursuant to section 14-337 is
directed who fails, neglects or refuses to comply with such order shall be guilty of a
misdemeanor and may be prosecuted in municipal court in addition to any other remedies
available to the city provided herein.
(E) Interference prohibited No person shall obstruct, impede or interfere with any officer,
employee, contractor or authorized representative of the city or with any person who owns
or holds any estate or interest in the building which has been ordered repaired, vacated,
demolished, removed or secured under the provisions of this article; or with any person to
whom such building has been lawfully sold pursuant to the provisions of this article,
whenever such officer, employee, contractor or authorized representative of the city,
person having an interest or estate in such building, or purchaser is engaged in the work of
repairing, vacating and repairing, or demolishing, removing or securing any such building
pursuant to the provisions of this article, or in performing any necessary act preliminary to
or incidental to such work or authorized or directed pursuant to this article.
(F) Permit required Any work of securing, repair, removal or demolition by the property
owner or any lienholder or mortgagee or their agents must be performed pursuant to valid
unexpired permits issued by the city. All permits issued pursuant to an order of the board
shall expire upon expiration of the time for compliance set forth in the order.
Sec. 14-340- Performance of work by the city.
(A) Procedure. When any work of repair, removal, demolition or securing is to be performed
by the city pursuant to the provisions of any order of the board, the work may be
accomplished by city personnel or by private contract as may be deemed necessary.
Rubble and debris shall be removed from any premises and the lot cleaned if removal or
demolition is ordered. The building or building materials may be sold if removal or
demolition is ordered, and the proceeds shall be used to offset other costs of the work.
(B) Repair to minimum standards only. In the event repair by the city is permitted by this
article, the city may repair the building at its own expense and assess the expenses on the
land on which the building stands or is attached to only to the extent necessary to bring the
building into compliance with minimum standards.
Sec. 14-341-Recovery of cost of securing, repair, removal or demolition.
(A) Costs. The cost of any work to repair, remove, demolish, or secure a building shall be paid
from city funds and shall constitute a special assessment and a lien against such property
to secure payment thereof,together with ten percent interest on such amount from the date
on which the work is performed; provided, however that no lien may be filed against a
Ordinance No. 1943,Page 13 of 21
homestead protected by the Texas Constitution.
(B) Itemized account and notice of lien. The building official shall keep an itemized account
of the expenses incurred by the city in the securing, repair, removal or demolition of any
building pursuant to this article. Upon completion of the work, the building official shall
prepare and file with the city secretary a sworn account and notice of lien containing the
following information:
(1) The name and address of the owner if that information can be determined with a
reasonable effort;
(2) A legal description of the real property on which the building is or was located;
(3) The type of work performed; and
(4) The amount of expenses incurred by the city in performing the work and the
balance due.
(C) Notice filed in county records. The city secretary shall file the notice of lien along with a
copy of the order of abatement issued by the board in the official public records of real
property in the county.
(D) Personal obligation of property owner. The expenses incurred by the city as set forth in
the sworn account of the building official shall be a personal obligation of the property
owner in addition to a priority lien upon the property. The city attorney may bring an
action in any court of proper jurisdiction against the owner or property to recover the costs
incurred by the city.
(E) Lien shall be valid and privileged Upon filing of the notice of lien in the official public
records of real property in the county, the lien shall be valid against the property so
assessed. The lien shall be privileged and subordinate only to tax liens and shall be
paramount to all other liens. The lien shall continue until the assessment and all interest
due and payable thereon has been paid.
(F) Assessment must be paid No utility service, building permit or certificate of occupancy
shall be allowed on any such property until the assessment is paid and such lien is released
by the city.
(G) Release of lien. After the expenses incurred by the city, as set forth in the sworn account
of the building official, have been fully paid with interest of ten percent per annum from
the date the work was performed, the building official shall execute a release of lien which
shall be filed in the official public records of real property in the county.
Sec. 14-342- Additional authority to secure certain substandard buildings prior to public
hearing and secure, demolish, repair or remove certain dangerous buildings.
(A) Securing of unoccupied, substandard building. Notwithstanding any other provisions of
Ordinance No. 1943,Page 14 of 21
this article,the city may secure a building if the building official determines:
(1) That the building violates the minimum standards set forth in this article; and
(2) That the building is unoccupied or is occupied only by persons who do not have
the right of possession of the building.
(B) If building creates immediate danger. Notwithstanding any other provisions of this article,
if the building official finds that a building is likely to immediately endanger persons or
property the building official may:
(1) Order the owner of the building,or the owner or occupant of the property on which
the building is located, to repair, remove, or demolish the building, or the
dangerous part of the building, within a specified time; or
(2) Repair, remove, or demolish the building, or the dangerous part of the building, at
the expense of the city, on behalf of the owner of the building or the owner of the
property on which the building is located, and assess the repair, removal, or
demolition expenses on the property on which the building was located.
(C) Notice of action. Before the 11th day after the date the building is secured pursuant to
subsection 14-342(A) above, or action is ordered pursuant to subsection 14-342(B)(1)
above, or the building is repaired, removed or demolished pursuant to subsection 14-
342(B)(2)above, the building official shall give notice to the owner by:
(1) Personally serving the owner with written notice; or
(2) Depositing the notice in the United States mail addressed to the owner at the
owner's post office address; or if personal service cannot be obtained and the
owner's post office address is unknown, by:
a. Publishing the notice at least twice within a ten-day period in a newspaper
of general circulation in the county; and
b. 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;
and
In addition to the above, the building official shall deposit notice in the United States mail
to all lienholders and mortgagees who can be determined from a reasonable search of instruments
on file in the office of the county clerk.
(D) Notice. 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;
Ordinance No. 1943,Page 15 of 21
(2) A description of each of the violations of the minimum standards present in the
building;
(3) A statement that the city will secure or has secured, as the case may be, the
building, or that the city has taken or will take the action ordered pursuant to
subsection 14-342(B) above;
(4) An explanation of the owner's entitlement to request a hearing about any matter
relating to the city's securing, removing, demolishing or repairing of the building.
(E) Hearing. The board shall conduct a hearing at which the owner, lienholder and mortgagee
may testify or present witnesses or written information about any matter relating to the
city's securing, repairing, removing or demolishing of the building, if, within 30 days after
the date the city has taken action pursuant to subsections 14-342(A) or (B) above, the
owner, lienholder or mortgagee files with the city a written request for the hearing. The
hearing shall be conducted within 20 days after the date the request is filed.
(F) Lien. If the city incurs expenses under this section, such expenses incurred shall be a
personal obligation of the property owner in addition to a priority lien upon the property,
and costs shall be recovered as provided by section 14-341 of this article.
(G) Violation. It shall be unlawful to fail to comply with an order issued pursuant to this
section.
Sec. 14-343. - Additional authority to vacate and secure certain unsanitary substandard
buildings prior to hearing.
(A) If unsanitary conditions create danger. Notwithstanding any other provisions of this
article, if the building official determines that the interior of a building is in such an
unsanitary condition as to be unfit for human occupancy because of trash, garbage, filth,
vermin or rat infestation, an accumulation of animal or human urine or feces, mold, any
condition that could likely harbor or spread disease, or any other condition that is to likely
to endanger the health and safety of occupants or citizens of the City, then the building
official shall order the building immediately vacated and secured from entry and
occupation.
(B) Notice of Hearing. At the time a building is vacated pursuant to this section, the building
official shall personally serve all occupants with written notice of a right to request a
hearing with the city manager. The city manager shall conduct a hearing at which the
occupant or the occupant's representative may testify or present witnesses or written
information about any matter relating to the city's vacating and securing of the building, if,
within 30 days after the date the city has taken action pursuant to subsection 14-343(A)
above, the occupant or the occupant's representative files with the city manager's office a
written request for the hearing. Written requests for a hearing may only be filed Monday
through Thursday during normal city business hours, and the hearing shall be conducted
within 24 hours after the date the written request is filed. The city manager will preside
over the hearing; however, in the event the city manager is unable to preside, the deputy
Ordinance No. 1943,Page 16 of 21
city manager shall preside, and in the event the deputy city manager is unable to preside,
the assistant city manager shall preside.
(C) Hearing. After considering all information and facts presented, the city manager or his
replacement shall make a determination and issue an order instructing the building official
to do any of the following:
(1) Reverse the order to vacate and secure the building.
(2) Modify the duration of the order to vacate and secure if the occupant or the
occupant's representative provides evidence that the interior of a building can be
brought into compliance with the minimum standards of this article.
(3) Continue to enforce the order vacating and securing the building until a hearing is
set with the board.
(4) Initiate proceedings pursuant to Section 14-336 of this article.
(D) Violation. It shall be unlawful to fail to comply with an order issued pursuant to this
section.
Sec. 14-344. -Judicial review.
(A) Any owner, lienholder, or mortgagee jointly or severally aggrieved by a board order
issued under this article may file in district court a verified petition setting forth that the
order is illegal, in whole or in part, and specifying the grounds of the illegality. The
petition must be filed by an owner, lienholder, or mortgagee within 30 calendar days after
the respective dates a copy of the final order of the board is mailed to them by certified
mail with return receipt requested, or such order shall become final as to each of them
upon the expiration of each such 30 calendar day period.
(B) On the filing of the petition, the court may issue a writ of certiorari directed to the city to
review the order of the board and shall prescribe in the writ the time within which a return
on the writ must be made, which must be longer than 10 days, and served on the relator or
the relator's attorney.
(C) The city may not be required to return the original papers acted on by it, but it is sufficient
for the city to return certified or sworn copies of the papers or of 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 of the order appealed from and shall be verified.
(E) The issuance of the writ does not stay proceedings on the order appealed from.
(F) Appeal in the district court shall be by trial de novo. The court may reverse or affirm, in
whole or in part, or may modify the order brought up for review.
Ordinance No. 1943,Page 17 of 21
(G) Costs may not be allowed against the city.
(H) If the order of the board is affirmed or not substantially reversed but only modified, the
district court shall allow to 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, lienholders, or mortgagees as well as all persons subject to the proceedings before
the board.
Sec. 14-345. - Civil penalty.
(A) Civil penalty authorized. In addition to any other enforcement authority provided for by
law, the board may, by order, approved after a hearing, assess a civil penalty against a
property owner as provided for herein for failure to comply with an order issued by the
board pursuant to section 14-337 of this article.
(B) Showing required The civil penalty may be assessed if it shown at the hearing that:
(1) The property owner was notified of the contents of the order issued pursuant to
section 14-337 of this article; and
(2) The property owner committed an act in violation of the order or failed to take an
action necessary for compliance with the order.
(C) Amount of penalty. The civil penalty may be assessed in an amount not to exceed
$1,000.00 per day for each violation or, if the owner shows that the property is the owner's
lawful homestead, in an amount not to exceed ten dollars per day for each violation.
(D) Notice of hearing. Not less than ten days prior to the date on which the hearing is set, the
property owner shall be sent a notice of the hearing by certified mail/return receipt
requested. The notice shall contain:
(1) A copy of the order issued by the board pursuant to section 14-337 of this article;
(2) A statement that the building official has determined that the property owner
committed an act in violation of that order, or failed to take an action necessary for
compliance with that order, together with a description of the acts that violated the
order, or a description of what actions the owner failed to take that were necessary
for compliance with the order;
(3) A statement that at the hearing the board may assess a civil penalty not to exceed
$1,000.00 per day for each violation or, if the owner shows that the property is the
owner's lawful homestead, in an amount not to exceed $10.00 per day for each
violation; and
(4) Notice of the time and place of the hearing.
Ordinance No. 1943, Page 18 of 21
(E) Copy of order filed with district clerk. If a civil penalty is assessed, the city secretary shall
file with the district clerk of the county in which the property is located, a certified copy of
the order assessing the civil penalty stating the amount and duration of the penalty.
(F) Enforcement. The civil penalty may be enforced by the city in a suit brought by the city in
a court of competent jurisdiction for a final judgment in accordance with the assessed
penalty. A civil penalty under this subsection is final and binding and constitutes prima
facie evidence of the penalty in any suit.
Sec. 14-346.—Immediate Demolition.
Notwithstanding all other provisions of this article, nothing herein shall be deemed a limitation on
the duty of the city to summarily order the demolition of any building or structure where it is
apparent that the immediate demolition of such building or structure is necessary to the protection
of life, property or general welfare of the people in the city.
Secs. 14-347- 14-348. - Reserved.
SECTION 2.
That Division 5 "Repair, Vacation, Demolition of Dwelling or Apartments" of Article X
"Euless Minimum Housing Code" of Chapter 14 "Buildings and Building Regulations" of the
Code of Ordinances of the City of Euless, Texas is hereby amended to read as follows:
DIVISION 5.—DANGEROUS DWELLINGS
Sec. 14-241.—Abatement of Dangerous Dwellings.
Any dangerous condition in a dwelling, apartment, apartment building, multi-family
dwelling complex, or manufactured home park regulated by this article shall be subject to
abatement in accordance with Article XII of this Chapter.
Secs. 14-242— 14-250. - Reserved.
SECTION 3.
That Division 6 "Dangerous Dwelling Unit — Procedure for Elimination" of Article X
"Euless Minimum Housing Code" of Chapter 14 "Buildings and Building Regulations" of the
Code of Ordinances of the City of Euless, Texas is hereby repealed.
SECTION 4.
That Article XIII "Secure Substandard or Dangerous Structures" of Chapter 14 "Buildings
and Building Regulations" of the Code of Ordinances of the City of Euless, Texas is hereby
repealed.
Ordinance No. 1943,Page 19 of 21
SECTION 5.
CUMULATIVE CLAUSE. This ordinance shall be cumulative of all provisions of
ordinances and the Code of the City of Euless, Texas, governing the abatement of substandard
buildings except where the provisions of this ordinance are in direct conflict with the provisions
of such ordinances, in which event the conflicting provisions of such ordinances are hereby
repealed. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, is hereby
repealed.
SECTION 6.
SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council
that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs
and sections of this ordinance, since the same would have been enacted by the City Council
without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 7.
PENALTY FOR VIOLATION. Any person, firm or corporation violating any of the
terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined in accordance with Chapter 1, Section 1-12, Euless Code of
Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as
such hereunder.
SECTION 8.
SAVING CLAUSE. All rights and remedies of the City of Euless are expressly saved as
to any and all violations of the provisions of the City Code or any other ordinances regulating
substandard buildings that have accrued at the time of the effective date of this ordinance; and, as
to such accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 9.
PUBLICATION CLAUSE. The City Secretary of the City of Euless is hereby directed
to publish the caption, penalty clause, and effective date clause of this ordinance in the official
newspaper of the City of Euless, in accordance with Section 12 of Article II of the Charter of the
City of Euless.
Ordinance No. 1943,Page 20 of 21
SECTION 10.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage and publication as required by law, and it is so ordained.
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on the 14th day of February 2012, by a vote of 7
ayes, 0 nays, and 0 abstentions.
APPROVED: Ciea-at/
Mary LiH S eh, Mayor
ATTEST.
Sutter, RMC, City Secretary
APPROVED AS TO FORM:
Wayne K. Olson, City Attorney
Ordinance No. 1943,Page 21 of 21
INVOICE
Star-Telegram Customer ID: CITO9
808 Throckmorton St. Invoice Number: 320139151
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 2/18/2012
Federal Tax ID 26-2674582 Terms: Net due in 21 days
Due Date: 2/29/2012
Bill To: PO Number:
CITY OF EULESS ACCOUNTS PAYABL
201 N ECTOR DR Order Number: 32013915
EULESS, TX 76039-3543 Sales Rep: 073
Description: CITY OF EULESS 0
Attn: ACCOUNTS .PAYABLE Publication Dates: 2/17/2012-2/18/2012
� ohs �s � � ' t ` U t t
.4 r� s �? ia u � �� s � of h L age M Re A110 t
ORDINANCE 3 ' Leal Ma ms
C AN ORDINANCE OF CITY
� 1 67 67 LINE $6.10 $817.04
CUHAWR 14. T S� .Emir s ,
S�
REGULATIO ",OF THE be deemed.a,separate se and ($786.84)
CODE OF ORDINANC OF THE shall be pinIshable:as such here-
CITY. OF EULESS (1493), AS under.
D(�8Y.�A ur Awl. ''PRESENT,y AND P ED ON FIRST
M "I T G OF DAN- AND FINAL READ 'at a regular $10.00
BU LDIN S" 0 NCLUDE meeting the Euless City Council
REGULATIONS APPLICABLE TO on the 14th day of February.2012
SUBSTANDARD AND DANGEROUS by a vote Of 7 ayes,0 nays,and 0
BUILDINGS;PROVIDING FOR T' abstentions.
REPAIR, DEMOLITION,i EMOVA APPROVED:
SECURING, AND VACATION OF f Ma Lib Saleh,Mayor Net Amount: $40.20
DANGEROUS AND SUBSTAND TE
ATTEST: •
L NGS; PROVIDING FOR A ! Kim Sutter,TRAC,City Secretary ��IIIIIIIIUII//��
IL PENALTY;PROVIDING THAT APPROVED AS TO FORM: ���.y L,. FJQ 4/
IS ORDINANCE SHALL NOT IV Wayne K.Oklei City Attorney `���'�••••.•••..••
IT THE AUTHORITY OF THE ` • .( PV
CITY; AMENDING CHAPTER 14, .� B It
TICLE X TO^PROVIDE PPROCJE- .Z• q. Rio•.
HW NIN THE SON INIMUM 1I IQ:So q...
WITH ARTICLE XII; RE EALING Sir■ `� y
ARTICLE XIII "SECURE SUB- i • ,
STANDARD OR DANGEROUS r �iJ ; '9� 1v
STRUCTUREES5",• PROVIDING THAT ! • ••° la°�' S
THIS ORDINANCE SHALL BE CU- � ••......••'�Z `��•
MULATIVE OF ALL CLAUSE;
PROVIDING SEE ABIL N '4 . t a��%%```�
FOR VIOLATIONS HEREOF;
DING A SAVINGS CLAUSE;
� , NG FOR PUBLICATION IN
4,„,,, R', KCAL NEWSPAPER; AND 9 for said County and State,this day personally appeared Deborah Baylor Norwood,Bid and Legal Coordinator for
a.' G AN EFFECTIVE ATE. .
J 4'! t DATE. This ordinance •he Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say
In full force and effect Jvertisement was published in the above named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM
and after its passage and
ion as reeqquired by law,and
Is so.ordained+ _ <,� Q
PENALTY FOR VIOLATION Any g 4 � N• „Perna,firm or corporation violating Si ned U.....Q.p....... O
any ofoms P� ns of;,
d�a misdemeanor and,soma BEFORE ME,THIS Monday, Fe•ru 20,2012.
thereof, shell be Mad
M =ordains with Chapter 1'J Notary Public / / , _/ / ,. /`i `��t
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CITO9
P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN
FORT WORTH, TX 76101-2051 Invoice Number: 320139151
Invoice Amount: $40.20
PO Number:
Amount Enclosed: $ - 2 0