Codification Notes:

Ord. No.	Adopted	Codified	Status
100-5A	Jul 9, 2018	TITLE 5	ACTIVE

Ord. 100-5A originally passed and adopted Dec 21, 2000; Revised and Replaced on Jul 9, 2018

ORDINANCE NO.100-5A

AN ORDINANCE OF THE CITY OF HAWK COVE, TEXAS ADOPTING THE INTERNATIONAL BUILDING CODE 2012 ; ESTABLISHING A HOUSING AND SUBSTANDARD BUILDING CODE; PROVIDING FOR REPAIR, VACATION AND/OR DEMOLITION OF SUBSTANDARD BUILDINGS AND STRUCTURES; PROVIDING FOR ENFORCEMENT; DECLARING A PUBLIC NUISANCE; ESTABLISHING CRIMINAL AND CIVIL VIOLATIONS WITH ASSOCIATED PENALTIES; PRESERVING MUNICIPAL COURT PROCEEDINGS; PROVIDING DEFINITIONS; PROVIDING FOR MINIMUM STANDARDS FOR THE CONTINUED USE AND OCCUPANCE OF ALL BUILDINGS; PROVIDING FOR A VARIANCE, REQUIRING PERMITS AND INSPECTIONS; PROVIDING FOR NOTIFICATION PROCEDURES; PROCEDURES; PROVIDING FOR A PUBLIC HEARING; ESTABLISHING THE COUNCIL’S AUTHORITY TO ISSUE ORDERS AND DETERMINE AND IMPOSE CIVIL PENALTIES; ESTABLISHING AUTHORITY TO SECURE UNOCCUPIED SUBSTANDARD AND OPEN BUILDINGS AND STRUCTURES; PROVIDING REMEDIES FOR FAILURE TO COMPLY; ESTABLISHING COLLECTION PROCEDURES AND LIENS; PROVIDING FOR JUDICIAL REVIEW; PROVIDING A DISCLAIMER OF LIABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Hawk cove is a Type A General Law Municipality; and

WHEREAS, the City of Hawk Cove, possesses the authority to require the vacation, relocation of occupants, securing, repair, removal, or demolition of a building or structure that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare, as recognized in section 214.001 (a) (1) of the Texas Local Government Code; and

WHEREAS, in the City of Hawk Cove, Texas, structures used for human habitation and nonresidential purposes exist that are substandard in structure and maintenance. Furthermore, inadequate provision for light and air, insufficient protection against fire, lack of proper heating, unsanitary conditions, and overcrowding constitute a menace to the health, safety, welfare, and reasonable comfort of the citizens of the City of Hawk Cove; and

WHEREAS, the existence of such conditions will create slum and blighted areas requiring large scale clearance, if not remedied. Furthermore, in the absence of corrective measures, such areas will experience a deterioration of social values, a curtailment of investment and tax revenue, and an impairment of economic values; and

WHEREAS, the establishment and maintenance of minimum structural and environmental standards are essential to the prevention of blight and decay and the safeguarding of public health, safety, and welfare; and

WHEREAS, the City Council desires to establish minimum standards for the continued use and occupancy of all buildings regardless of the date of their construction; and

WHEREAS, the City Council deems it necessary to establish additional requirements and standards for the continued use and maintenance of buildings and structures within the City limits consistent with Local Government Code procedures.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS, THAT:

Section 1

All the above premises are hereby found to be true and correct and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety.

Section 2

The International Building Code 2012 is hereby adopted.

Section 3

From and after the effective date, the Housing and Substandard Building Code Ordinance shall read as follows:

"Housing and Substandard Building Code"

Sec. 1 Title and Scope

(1) TITLE

These regulations, together with other codes cited within this ordinance, shall be known as the City of Hawk Cove “Housing and Substandard Building Code,” may be cited as such and will be referred to herein as “this code.”

(2) PURPOSE

The purpose of this code is:

A. to protect the health, safety, and welfare of the citizens of the City of Hawk Cove by establishing minimum standards applicable to residential and specific nonresidential structures. Minimum standards are established with respect to utilities, facilities, and other physical components essential to make structures safe, sanitary, and fit for human use and habitation. Demolition of structures is provided for as a last resort when compliance with standards cannot reasonably be achieved.

B. This code is found to be remedial and essential to the public interest, and it is intended that this code be liberally construed to affect its purpose;

(3) SCOPE

The provisions of this code shall apply to all buildings and structures of portions thereof intended or used for human habitation, unless otherwise specified, which exist on the effective date of this code or constructed thereafter.

(4) AUTHORITY AND FUNCTIONS

The City Council may:

A. declare a building substandard in accordance with the powers granted by Subchapter A, Chapter 214 of the Texas Local Government Code, as amended;

B. require, within a fixed period, the reduction in occupancy load of an overcrowded structure or the vacation of a structure that is dangerous to the health, safety, or welfare of the occupants;

C. order, in the appropriate case, the immediate removal of persons or property found on private property, enter on to private property to secure the removal if it is determined that conditions exist on the property that constitute a violation of an ordinance, and order action to be taken as necessary to remedy, alleviate or remove any substandard building found to exist;

D. require, within a fixed period, the removal of personal property from a structure ordered vacated or demolished. Removal may be accomplished by use of City staff or a private transfer company if the owner of the personal property is not known, or the whereabouts of the owner cannot be ascertained, or the owner fails to remove the personal property. The Council may cause any personal property to be stored in the care and custody of a bonded warehouse facility. Costs of removal and storage are the responsibility of the owner of the personal property. The personal property may be disposed of, and associated costs assessed, to the extent and as allowed by law;

E. require, within a fixed period, the demolition of a structure found to be to be a public nuisance, by the owner or by the City;

F. require, within a fixed period, the demolition of a structure found to be a public nuisance, or in violation of an ordinance, the repair of the structure by the owner within a fixed period or by the City;

G. require that the owner, lien holder or mortgagee of property repair a structure and bring same into compliance with current codes and applicable standards;

H. require or cause the correction, within a fixed period, of a dangerous condition, as defined by City ordinance or State law, on the land. Correction of a dangerous condition may be accomplished by City staff or private contractor. Costs of correction are the responsibility of the owner;

I. require that structures be secure against entry within a reasonable time based upon the evidence presented to the Council and as determined to be in the best interest of the health, safety and general welfare of the citizens;

J. 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 Council;

K. determine the amount and duration of the civil penalty the City may recover against the owner or owner’s representative with control over the premises, in a suit for such purpose, on proof that such party was notified of the provisions of the ordinance, as defined herein, and after receiving notice of the ordinance provisions, said party committed acts in violation of the ordinance or failed to take action necessary for compliance with the ordinance, such civil penalty not to exceed One Thousand Dollars ($1,000.00) a day for violation of such ordinance, all as provided by Section 54.017, Chapter 54, Texas Local Government Code, and as amended;

L. grant variances in accordance with provisions hereinafter stated when, in the opinion of the Council, a literal interpretation of the International Building Code 2012, as adopted and as amended, would result in the imposition of an unnecessary or unreasonable hardship, provided that the variance would not create or allow the existence of a hazardous condition, as defined by City ordinance or State law; and

M. hear appeals and offer interpretations of the International Building Code 2012 adopted by the City, and as amended.

The authority and functions of the Council, as enumerated hereinabove, are a non-exhaustive listing of the powers under this ordinance.

(5) APPLICATION TO EXISTING BUILDINGS AND STRUCTURES

A. Additions, Alterations, or Repairs, required by this code will be done in accordance with, and meet, the requirements of the current Building, Plumbing, Mechanical, or Electrical Code, as adopted and as amended, whichever is applicable, unless a variance is granted as provided herein.

B. Relocation. Buildings or structures moved into, or existing within, the City shall comply with the requirements of the current Building, Plumbing, Mechanical or Electrical Code for new buildings and structures, as adopted and as amended, whichever is applicable, unless a variance is granted as provided herein.

C. Historic Buildings. For repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, or continued use of historic structures, see the current Building Code.

(6) APPLICATION OF ZONING ORDINANCE

Nothing in this code shall be construed to cancel, modify, or set aside any provision of the City of Hawk Cove’s Comprehensive Zoning Ordinance, as adopted and as amended.

Sec. 2 Enforcement

(1) GENERAL

A. Authority. The Chief Building Official and/or Code Official, or his/her designee, is hereby authorized and directed to enforce all provisions of this Code. For such purposes, he/she is empowered to make interpretations and rulings of this code.

B. Inspections. For the purpose of ascertaining whether violations of this code exist, the Chief Building Official, or his/her designee, is authorized to inspect:

1. The exterior of a structure and premises which contain no structure; and

2. The interior of a structure, if permission of the owner, occupant, or person in control, is given. If such entry is refused, the Chief Building Official shall have every recourse provided by law, including but not limited to an administrative search warrant or an injunction to secure entry.

3. If the structure is unoccupied and open for unauthorized entry or use, and/ or the owner, occupant, or person in control cannot be identified or located, the Chief Building Official may enter the property to the extent allowed by law.

(2) SUBSTANDARD BUILDINGS All buildings or portions thereof which are determined to be substandard as outlined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal.

(3) VIOLATIONS

A. Criminal.

1. A person who violates a provision of this code, or who fails to perform and commits a separate offense each day or portion of a day during which a violation is act required of him by this code, commits a misdemeanor offense. A person committed, permitted, or continued.

2. An offense under this code is punishable by a fine not to exceed two thousand dollars ($2,000.00).

3. Allegation and evidence of a culpable mental state is not required for the commission of an offense under this code.

B. Civil.

1. The City may, in accordance with Chapter 54, Subtitle B of the Texas Local Government Code, as amended, bring a civil action against a person violating a provision of this code relating to dangerously damaged or deteriorated structures or improvements or for conditions caused by accumulations of trash, garbage, refuse, vegetation, or other matter that creates breeding and living places for insects and rodents.

2. The civil action may include, but is not limited to, a suit to recover a civil penalty not to exceed $1,000.00 for each day or portion of a day during which the violation is committed, continued, or permitted by the owner or occupant of the property, as provided below.

3. The City, by order of the Council, may assess and recover a civil penalty against a property owner, if the owner fails to take the requisite action as ordered by the Council, after an administrative hearing on the matter. The civil penalty may not exceed $1,000.00 a 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 a day for each violation, if the City proves:

(a) the property owner was notified of the requirements of this code and the owner’s need to comply with the requirements; and

(b) after notification, the property owner committed an act in violation of this code or failed to take an action necessary for compliance with this code.

4. A determination by the Council which involves the establishment of an amount and duration of a civil penalty shall be final and binding and constitute prima facie evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the City for final judgment in accordance with the established penalty.

5. To enforce any civil penalty under this section, the City Secretary must file in the district clerk’s office in which the municipality and property is located, a certified copy of the order of the Council establishing the amount and duration of the penalty. No other proof is required for a district court to enter final judgment on the penalty.

C. Other Available Remedies.

The City shall have all other available remedies at law and in equity to enforce the provisions of this Chapter.

D. Municipal Court Proceedings Not Affected.

Action taken by the City under this article shall not affect the ability of the City to proceed under the jurisdiction of the City’s Municipal Court.

Sec. 3 Definitions

(1) DEFINITIONS

For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in this code or as specified in the Building Code, as adopted and as amended. Where a conflict exists, the Building Code controls. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Merriam-Webster Dictionary, Unabridged, Copyright 1998, shall be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the masculine. Whenever the words “dwelling,” “dwelling unit,” “premises,” and “structure” are used herein, they shall be construed as though they were followed by the words “or any part thereof.”

Accessory Building or Structure means a building or structure devoted to uses incidental and accessory to the main use and can be either attached or detached, such as an attached garage, storage area, carport, detached garage, shed, or outbuilding. An accessory building may only exist in conjunction with a primary structure except as otherwise provided herein.

Appropriate Authority means that person within the governmental structure of the City who is charged with the administration of the appropriate code.

Approved means authorized by the local or state authority having such administrative authority.

Ashes means the residue from the burning of combustible materials.

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Building Code means the current building code officially adopted by the City Council, or other such codes officially designated by the City Council for the regulation of construction, alteration, addition, repair, removal, demolition, occupancy and maintenance of buildings and structures. Such codes shall include but not be limited to the International Building Code, adopted by the City Council, and as amended.

Code Official means the official who is charged with the administration and enforcement of this code or any duly authorized representative, including but not limited to the Chief Building Official.

Council means the City Council for The City of Hawk Cove.

Dilapidated means no longer adequate for the purpose or use for which it was originally intended or as otherwise defined in this code.

Dilapidated means any enclosed space wholly or partly used or intended to be used for human habitation, living, sleeping, cooking, and eating and shall include any outhouse or appurtenance belonging accepted industry standards, as defined by H.U.D. and used or intended for use for living, sleeping, cooking, and eating purposes shall be classified as dwellings.

Dwelling Unit means a room or group of rooms located within a dwelling forming a single habitable unit with facilities used or intended to be used by a single family for human occupancy such as living, sleeping, cooking, and eating purpose.

Egress means an arrangement of exit facilities to assure a safe means of exit from buildings.

Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking, serving, and no consumption of food.

Grade means the natural surface of the ground, or ground surface after completion of any change in contour.

Habitable Room shall mean a room or enclosed floor space within a dwelling used or intended to be used for living, sleeping, cooking or eating purpose, excluding bathrooms, water closet compartments, laundry room, pantry, foyer, closets, and storage spaces or communicating corridors.

Heating Device means all furnaces, unit heaters, domestic incinerators, cooking and heating stoves and ranges, and other similar devices capable of converting fuel to heat energy or of transferring heat from one ambient to another and approved by Underwriters’ Laboratories, Inc., the American Gas Association or other nationally recognized testing laboratory.

Household means one or more individuals living together in a single dwelling unit and sharing common living, sleeping, cooking, and eating facilities.

H.U.D. means the Federal Department of Housing and Urban Development.

Let for Occupancy means to permit possession or occupancy of a dwelling, dwelling unit, building or structure by a person who shall be legal owner or not be legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

Maintenance means repair and other acts to prevent a decline in the condition of ground, structures, and equipment such that the condition does not fall below the standards established by this code and other applicable statutes, codes and ordinances.

Multiple Dwelling means any dwelling containing more than two (2) dwelling units.

Occupant means any person living and/or sleeping in a dwelling unit or having possession of a space within a building.

Operating Condition means any person living and/or sleeping in a dwelling unit or having possession of a space within a building.

Operator means any person who has charge, care, custody, control, or management of a building, or part thereof, in which dwelling units are let for occupancy.

Owner means any person who, alone, or jointly or severally with others:

1. has legal title to any premise, dwelling or dwelling unit, with or without actual possession thereof, or;

2. has charge, care, custody or control of any premise, dwelling or dwelling unit, as owner or agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the “owner”. Any such person thus representing the actual owner shall be bound to comply with the provisions of this ordinance and the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. Where owners are siblings, relatives or family members, not individually identified on any legal document of record, after a due diligence search as provided herein, notice to one owner shall be deemed notice to all owners.

Person means any individual, corporation, organization, partnership, association, or any other legal entity.

Plumbing Fixtures means a receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises, and demands a supply of water there from; or discharge used water, liquid-borne waste materials, or sewage either directly or indirectly to the drainage system of the premises; or which requires both a water supply connection and a drainage system of the premises.

Premises means a platted lot or part thereof or unplanted lot or tract of land or plot of land, either occupied or unoccupied by any dwelling or no dwelling structure, and includes any such building, accessory structure or other structure thereon.

Properly Connected means connected in accordance with all applicable codes and ordinances of the City of Hawk Cove; the alteration or replacement of any connection in good working order and not constituting a hazard to life and health.

Public Nuisance means the following:

1. the physical condition, or use of any premises regarded as a public nuisance at common law or as defined elsewhere in the City of Hawk Cove ordinances: or

2. any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures;

3. any premise which is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecure as to endanger life, limb or property; or

4. any premise from which the plumbing, heating and/or facilities required by this code have been removed, or from which utilities have been disconnected, destroyed, removed, or rendered ineffective, or the required precautions against unauthorized use or entry have not been provided; or

5. any structure or building that is in a state of dilapidation, deterioration or decay, faulty construction, overcrowded, open, vacant or abandoned, damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and dangerous to anyone on or near the premises; or

6. is dangerous to the physical health or safety of an occupant or other person; or

7. because of violations of Section 4 of this code, the state of disrepair is such that it could reasonably cause injury, damage, or harm to a considerable portion of the community in the use and enjoyment of surrounding property, taking into consideration the nature and use of the properties in the area and the character of the community in which they are situated, which condition would be substantially offensive and annoying to persons of ordinary sensibilities living in the community.

Public Sewer means a sewer operated by public authority utility and available for public use.

Rat Harborage means any conditions or place where rats can live, nest, or seek shelter.

Refuse means a heterogeneous accumulation of worn out, used, broken, rejected or worthless materials, including but not limited to garbage, rubbish, paper or litter and other decay able or non-decay able matter.

Rubbish means non-solid wastes (excluding ashes) consisting of either:

1. Combustible wastes such as paper, cardboard, plastic containers, yard clippings, and wood; or

2. Noncombustible wastes such as tin cans or glass crockery.

Safety means the condition of being reasonably free danger and hazards which may cause accidents or disease.

Sanitary means any condition of good order and cleanliness that precludes the probability of disease transmission.

Structure means that which is built or constructed, an edifice or building of any kind, or any piece or work artificially built up or composed of parts joined together in some definite manner.

Uninhabitable, dangerous or substandard structure means any dwelling, dwelling unit, building or structure which has any or all or the defects and deficiencies as defined herein.

Variance means a between that which is required or specified and that which is permitted.

Sec. 4 Minimum Standards

Buildings, structures or dwellings that do not meet one or more of the minimum standard, set forth in the Building Code, or Uniform Mechanical, Electrical and Plumbing Codes, as adopted by City Council and as amended, such that conditions or defects exist that endanger the life, health, property or safety of its occupants or the general public; constitute uninhabitable, dangerous and substandard buildings, structures or dwelling, structures or dwellings. Such structures or buildings may be declared as unfit for human occupation, in violation of this ordinance and subject to the procedures set forth herein.

(1) DEEMED SUBSTANDARD

A structure may be deemed substandard whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the City’s building regulations or as specified in the Building Code, or other applicable codes, or of any law or ordinance of the State of Texas or the City of Hawk Cove relating to the condition, location or structure of buildings, such that the structure meets the definition of dangerous building as defined under the Building Code.

(2) MINIMUM STANDARDS

A structure deemed substandard must be repaired to the minimum standards enumerated in the current Building Code, or other code applicable to the substandard condition, as adopted and as amended.

(3) ACCESSORY STRUCTURES

If the primary structure is substandard such that it requires demolition, and accessory structures are not in substandard condition, the Council may allow the accessory structures to remain in the absence of a primary use, for a fixed period of time provided that plans to construct a primary structure are submitted and attendant building permit application is issued within 90 days of the demolition.

(4) VARIANCE

A. If the owner, lien holder or mortgagee requests a variance from the current code requirements, the Council may grant such a variance, of:

1. Evidence information is submitted by the owner, lien holder or mortgagee generated by a certified inspector or registered structural engineer that such a variance will have no adverse impact on the integrity of the structure or facilities, to the satisfaction of the Code Official/ Chief Building Official.

2. This evidence must be presented at the public hearing and falls within the owner’s burden of proof that the structure can be repaired.

3. In no event shall the variance permitted be less than the minimum standard required at the time of original construction.

B. The Council shall make specific findings of hardship and financial hardship, in and of itself, is not sufficient basis for granting a variance.

Sec. 5 Permits and Inspections

(1) GENERAL

No building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a separate permit for each building or structure has first been obtained from the Code Official or his/her designee in the manner and according to the applicable conditions prescribed in the current Building Code.

(2) FEES

Whenever a building permit or demolition permit is required by Section 5 (1) above, of this code, the appropriate fee shall be paid to the City of Hawk Cove as specified in the City’s Fee Schedule for building permits.

(3) INSPECTIONS

All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the Chief Building Official, Code Official, or his/her designee, in accordance with, and in the manner provided by this code and the current Building Code.

Sec. 6 Notices and Administrative Orders

(1) GENERAL

Whenever the Code Official has inspected or caused to be inspected any structure or lot and has found and determined that such structure or lot is substandard, he/she may commence proceedings to cause repair, rehabilitation, vacation, or demolition of the structure or lot.

(2) NOTICE AND ADMINISTRATIVE ORDER TO ABATE

The Code Official/ Chief Building Official shall issue a notice and administrative order to abate a substandard structure or lot. The notice and administrative order shall contain:

A. The street address and a legal description sufficient for identification of the premise upon which the structure is located.

B. A statement that the Code Official/Chief Building Official has found the structure or lot to be substandard with a brief and concise description of the conditions found to render the structure or lot substandard under the provisions of Section 4 of this code.

C. A statement of the action recommended to be taken, as determined by the Code Official/Chief Building Official, as follows:

1. If the Code Official/Chief Building Official has determined that the structure or lot must be repaired, the administrative order shall require that all required permits be secured and work physically commenced within thirty (30) days from the date of the administrative order.

2. If the Code Official/Chief Building Official has determined that the structure or lot must be vacated, the administrative order shall require that the structure of lot must be vacated within thirty (30) days of the date of the administrative order.

3. If the Code Official/Chief Building Official has determined that the structure or lot must be vacated, the administrative order shall require that all permits be secured and work physically commenced within thirty (30) days from the date of the administrative order.

D. A statement advising that a notice of hearing is forthcoming and a description of the hearing. The hearing shall provide the Council the means to consider or determine whether a structure or lot complies with the standards set forth herein and to consider or determine whether a structure or lot must be repaired or demolished, as recommended by the Code Official/Chief Building Official, in the notice and administrative order.

E. Statements advising that if the owner or owners of record are in full agreement with a demolition order, and that if the owner or owners of record are financially unable to abate such nuisance, then the owner or owners of record may grant the City written permission to abate said nuisance, and, in doing so shall grant the City a lien against the real property as described in Section 9 of this code.

(3) NOTICE OF HEARING

The Code Official/Chief Building Official shall give notice of a public hearing to all known owners, lien holders, or mortgagees for the Council to consider or determine whether a structure or lot must be repaired, secured or demolished. The notice shall be mailed and posted as provided herein, and published in the official newspaper of the City on one (1) occasion, on or before the tenth (10th) day before the date of the hearing. The notice of hearing shall contain:

A. the name and address of the owner of the affected property, if known;

B. a legal description of the property, as well as the physical address;

C. a description of the hearing;

D. the date, time, and place of the public hearing. This date shall be established not less than ten (10) days from the date of the administrative order;

E. a statement advising that securing the required permits and physically commencing the required action shall be considered as intent to comply with the administrative order to abate, and that the hearing shall be temporarily postponed. Should abatement halt, or not progress at a rate determined to be reasonable by the Code Official/Chief Building Official, the hearing shall be recalled;

F. a statement that the owner, lien holder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work.

(4) SERVICE OF NOTICE AND ADMINISTRATIVE ORDER TO ABATE AND NOTICE OF HEARING

The notice of the administrative order to above, the notice of hearing and any supplemental notices or orders shall be served upon the owner, lesser, lien holder, and mortgagees of record and occupant, if different than the owner of the structure or lot.

Service of these notices and orders shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice by certified mail, return receipt requested, and an optional second copy by regular mail, to each such person at his/her address as it appears on the county tax rolls, or as discovered by due diligence, as defined by subsections A through F herein, and the notice shall be posted on the front door of each improvement situated on the affected property or as close to the front door as practical. The following of these procedures shall be prima facie evidence of notification. If a certified notice is returned as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice shall be deemed delivered. The City has satisfied the requirements of this section to make a diligent effort to determine the identity and address of an owner, a lien holder, or a mortgagee if the City searches the following records:

A. county real property records of the county in which the building is located;

B. appraisal district records of the appraisal district in which the building is located;

C. records of the secretary of state;

D. assumed name records of the county in which the building is located;

E. City tax records; and

F. City utility records.

(5) FILING OF NOTICE AND ADMINISTRATIVE ORDER AT THE COUNTY

A copy of the notice and any administrative orders, or such orders as may be issued pursuant to these provisions, shall be filed with the county deed records in the county where 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 instruments on file in the office of the county clerk or upon a due diligence search as set forth herein, a legal description of the affected property, and a description of the proceeding. The filing of said notice and any said orders, and constitutes notice of said hearing and notice of any said orders, on any subsequent recipient of any said orders.

(6) MEETING/PUBLIC HEARING

During an officially convened meeting, the Council shall hold a public hearing on each case and shall hear such testimony as may be presented by any department of the City, the Code Official/Chief Building Official, or the owner, occupant, mortgagee or any other person having an interest in such building to determine whether a building complies with the standards of this code. The owner, lien holder, or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with this code and the time it will take to perform the work. After all testimony has been received, the public hearing shall be closed and the Council shall deliberate on the case in open session. The Council shall make written findings of fact from the testimony offered as to whether the building complies with the standards of this code.

A. After the meeting, if a building is found in violation of standards set forth herein, the Council may order that the building be vacated, secured, repaired, removed, or demolished by the owner within a reasonable time as provided herein. The Council also may order that the occupants be relocated within a reasonable time, at the cost of the owner, lien holders or mortgagees. The Council reserves the right to determine what is a reasonable amount of time to perform the ordered work or what is a reasonable amount of time to relocate occupants.

B. The Council shall require the owner, lien holder, or mortgagee of the building to, within thirty (30) days.

1. secure the building from unauthorized entry or use; or

2. repair, remove, or demolish the building, unless the owner, lien holder, or mortgagee establishes at the hearing that the work cannot reasonably be performed within thirty (30) days.

If the Council allows the owner, lien holder, or mortgagee more than thirty (30) days to repair, remove, or demolish the building, the Council shall establish specific schedules, for the commencement and performance of the work and shall require the owner, lien holder, or mortgagee to secure the property in an approved manner from unauthorized entry while the work is being performed, as determined by the Council.

C. The Council may not allow the owner, lien holder, or mortgagee more than ninety (90) days to repair, remove, or demolish the building or fully perform all work required to comply with the order unless the owner, lien holder, or mortgagee:

1. submits a detailed plan and time schedule for the work at the hearing; and

2. establishes at the hearing that the work cannot justifiably be completed within ninety (90) days because of the scope and complexity of the work.

If the Council allows the owner, lien holder, or mortgagee more than ninety (90) days to complete any part of the work required to repair, remove, or demolish the building, the Council shall require the owner, lien holder, or mortgagee to regularly submit progress reports to the Code Official/Chief Building Official and to the Council to demonstrate that established for commencement and performance of work. The order may require that the owner, lien holder, or mortgagee appear before the Council to demonstrate compliance with the time schedule.

(7) AFTER THE MEETING

A. After the meeting, the City Secretary shall, within ten (10) days after the date the order is issued:

1. File a copy of the order in the office of the City Secretary;

2. publish in a newspaper of general circulation in the City a notice containing:

(a) the street address or legal description of the property;

(b) the date of the hearing;

(c) a brief statement indicating the results of the order; and

(d) instructions stating where a complete copy of the order may be obtained; and

3. shall promptly mail by certified mail, return receipt requested, and an optional second copy by regular mail, a copy of the order to the owner, any lien holder(s), and any mortgagee(s) of the building, us determined by due diligence, as defined herein.

Sec. 7 Authority to Secure Unoccupied, Unsecured, Substandard, Open Buildings and Structures

(1) PURPOSE

The owner or person in control of an unoccupied structure shall ensure that the building is in such condition that an unauthorized person cannot enter the structure through missing or unlocked doors or widows or through other openings into the building. The City may secure unoccupied, unsecured structures, or structures occupied by persons who do not have the right of possession to the building. A lien may be filed on real property to assure the cost of securing the structure as set for the in Section 9 herein.

(2) DEFINITIONS

A. An unsecured structure is hereby defined to be any structure or building that currently has no occupant with the right of possession of the building and which has missing or unlocked doors or windows, or other unsecured openings into the building through which unauthorized persons can enter. Any unoccupied, unsecured structure or building is hereby declared to be a danger to public health and safety and is hereby declared to be a public nuisance.

B. An unoccupied structure is hereby defined to be any structure or building that appears vacant or abandoned as evidenced by: no active utility accounts, absence of personality, general conditions of neglect and any other substantiated evidence of vacancy or abandonment that may be presented by the Code Official.

C. The City shall conduct a hearing before the Council 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) days after the date the City secures the building, the owner files with the City Secretary a written request for the hearing. The City shall conduct the hearing within twenty (20) days after the date the request is filed.

(3) CITY MAY SECURE

The Code Official/Chief Building Official may secure a building that

A. violates the standards of this code and

B. is an unsecured structure. This authority is in addition to that regarding substandard buildings.

(4) NOTICE

A. Before the eleventh (11th) day after the date the building is secured, the Code Official/Chief Building Official shall give notice to the owner of record by

1. personally, serving the owner with written notice;

2. sending a copy of the notice certified mail, return receipt requested, and an optional copy by regular mail, at the owner’s post office or physical address;

3. publishing the notice at least twice within a ten (10) day period in the City’s official newspaper if personal service cannot be obtained and the owner’s post office or physical address is unknown; or

4. posting the notice on or near the front door of the building if personal service cannot be obtained or the owner’s post office or physical address is unknown.

B. The notice must contain the following:

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 the violation of this code that is present at the building;

3. a statement that the City will secure or has secured, as the case may be, the building; and

4. an explanation of the owner’s entitlement to request a hearing about any matter relating to the City’s securing of the building.

(5) METHOD OF SECURING

The securing of windows, doors, or any other opening allowing access to an unsecured unoccupied structure shall be done with such material and in such a fashion as to effectively bar entrance to the structure including but not limited to plywood, lumber, steel, replacement glass, nails, screws, and bolts. The use of cardboard, tar, paper, window and door screens or any other material that will not effectively prevent entrance shall not be deemed sufficient in securing a structure,

ADDENDUM TO SECTION 7, HAWK COVE CITY ORDINANCE 100-5A

SECTION 7. Authority to Secure Unoccupied, Unsecured, Substandard, Open Buildings and Structures

A. NOTICE

4. POSTING OF PLACARD ON UNINHABITABLE, DANGEROUS STRUCTURES.

(A) If the Code Compliance Officer or a designated representative, shall, upon inspection of any building within the city, find the same to be uninhabitable and dangerous, he shall place a placard on the uninhabitable and dangerous building reading as follows:

WARNING
This building has been found to be an UNINHABITABLE AND DANGEROUS
STRUCTURE by the Chief Building Official or a designated representative. This 
building is to be vacated immediately. This placard is to remain on the structure until 
it is repaired or demolished in accordance with the notice dated  __________________
which has been mailed to all known persons having an interest in this building or 
property as shown by the County Clerk of Hunt County, Texas. It is a violation of Hawk
Cove City Ordinance 100-5A, punishable by a fine of up to $2000.00 for anyone to
Remove this placard until such notice has been complied with.

(B) No person shall occupy any building posted with such placard nor shall any person deface, destroy, or remove any such placard.

(C) The placard shall be posted on the front door or as near to the front door as practicable on the uninhabitable and dangerous dwelling or building to which it relates.

(D) When the placard authorized by this section has been posted on any building in the City found to be in violation of this ordinance, the owner or occupant thereof shall render it secure from entry by unauthorized persons.

Sec. 8 Remedies. Failure to Comply with Notice or Order

(1) If, after the expiration of the time allotted under sections 6 or 7, above, the owner fails to satisfy any requirement or mandate set forth therein, the City may:

A. proceed with the hearing, in the absence of the owner if the City sent the proper notices and performed the requisite due diligence to ascertain the owners, lien holders and mortgagees of the property.

B. vacate, remove, secure or demolish, or cause to be vacated, removed, secured or demolished, the building and /or relocate the occupants at its own expense, should the owner fail to do so within the allotted time; provided, however, all requisite judicial procedures have been satisfied, as may be required by law. The expense may be assessed as a lien against the property as allowed by law.

C. repair or cause to be repaired the building only to the extent necessary to bring the structure into compliance with the minimum standards and only if the building is a residential building with ten (10) or fewer dwelling units; provided, however, all requisite judicial procedures have been satisfied, as may be required by law. The repairs may not improve the building to the extent that the building exceeds the minimum standards, as defined by this code, and expenses may be assessed, as provided in section 9 below; or

D. assess a civil penalty against the property owner for failure to repair, remove, demolish, or secure the building, as provided herein.

Sec. 9 Collections and Liens

(1) GENERAL

If the City of Hawk Cove does or causes to be done any work pursuant to a Council Order, including but not limited to the abatement, repair, demolition, or securing of a structure of lot, the City may proceed to secure payments for actual costs plus the administrative fee, as described in section 9(2) below, and as otherwise allowed by law. The Code Official/Chief Building Official shall keep an itemized account of any expenses incurred in abating, repairing, demolishing, or securing of a structure or lot or in abating any other condition on the property.

(2) ADMINISTRATIVE FEE

In addition to the actual costs incurred in abating, repairing, demolishing, or securing a structure or lot, there shall be an administrative fee assessed on each lot, tract, or parcel of property to cover the actual cost of clerical work, title searches, publications, and filing fees estimated to be twenty percent (20%) of the value of the property.

(3) FEE AND DUE DATE

The actual cost of abating, repairing, demolishing, or securing a structure or lot, or abating any other condition on the property, plus the attendant administrative fee, shall become due and payable upon the completion of the repairing, demolishing, or securing of structure or other abatement procedure. The Code Official/Chief Building Official shall send by certified mail, return receipt requested, and an optional second copy by regular mail, an itemized billing to the owner or owners of record, describing the work done. Any money recovered by payment of the charge or assessment or from the sale of property at foreclosure sale, to the extent allowed by law, shall be paid to the City treasurer, who shall credit the same to the repair and demolition fund. If after thirty (30) days from the billing date, payment in full has not been made; then the City may proceed to collect all monies and fees due by filing a lien upon real property. All such charges shall bear interest at the rate of ten percent (10%) per annum from the date the owner of the real property receives the aforementioned notice of demand for payment of such charges. The City may bring suit in a court of competent jurisdiction to foreclose its liens and collect all monies and fees due. The written statement of such charges, or a certified copy thereof, shall be prima facie evidence of the City’s claim for charges or right to foreclose the lien.

(4) FILING

The City shall file its notice of lien in the office of the county clerk of Hunt County. The notice shall contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the property on which the building was located, the amount of expenses incurred by the City and the balance due.

(5) EXTINGUISH LIEN

The lien is extinguished if the property owner or other person having an interest in the legal title to the property reimburses the City for the expenses.

(6) HOMESTEAD EXEMPTION

Real property protected by the Texas Constitution as a homestead shall not be subject to assessment of liens resulting in expenses involved in the abatement, repair, demolition, or in securing a structure or lot as described in the process of this code.

Sec. 10 Review

(1) JUDICIAL REVIEW

Any owner, lien holder, or mortgagee of record jointly or severally aggrieved by any decision of the Council may present a petition to a district court, duly verified, setting forth that the 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 decision of the Council is mailed by first class mail, certified, return receipt requested, to all persons to whom notice is required to be sent, as set forth herein. The decision of the Council shall become final as to each such owner, lien holder or mortgagee upon the expiration of each such 30-calendar day period unless otherwise allowed by law.

(2) FINAL DECISION; RECONSIDERATION

If no appeals are taken from the decision of the Council within the required period, the decision of the Council shall, in all things, be final and binding. The Council shall not entertain a reconsideration of the final order except on motion of the City.

(3) CONTINUANCES

The Council, at its discretion, may continue or table a matter for consideration if the Council finds:

A. the owner of the property, lien holder or mortgagee has made reasonable efforts to information and evidence for the hearing but requires additional time to secure obtain said information; and

B. the property is secured from unlawful entry; and

C. a delay in the proceedings will not pose a threat or danger to the general health, safety and welfare of the citizens.

City staff may request a continuance or a tabling of a matter, and the Council may continue or table a matter, when deemed to be necessary and when delay in the proceedings will not pose a threat or danger to the general health, safety and welfare of the citizens.

Sec. 11 Disclaimer of Liability

No officer, agent or employee of the City shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this ordinance. Any suit brought against any officer, agent or employee of the City, as a result of any act required or permitted in the discharge of his duties under this ordinance, shall be defended by the City Attorney until the final determination of the proceedings herein.”

Section 4

All ordinances, orders, or resolutions heretofore passed and adopted by the City Council of the City of Hawk Cove, Texas, are hereby repealed to the extent that said ordinances, orders, or resolutions, or parts thereof, are in conflict herewith.

Section 5

If any section, subsection, clause, phrase, or provision of this Ordinance, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void, or unconstitutional, the remaining sections, subsections, clauses, phrases, and provisions of this Ordinance, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Section 6

This Ordinance shall take effect and be in full force from and after the date of its passage.

CONCLUSION

PASSED, APPROVED AND ADOPTED THIS 9TH DAY OF JULY, 2018

Hawk Cove:Ord 100-5A

ORDINANCE NO.100-5A

Section 1

Section 2

Section 3

Sec. 1 Title and Scope

Sec. 2 Enforcement

Sec. 3 Definitions

Sec. 4 Minimum Standards

Sec. 5 Permits and Inspections

Sec. 6 Notices and Administrative Orders

Sec. 7 Authority to Secure Unoccupied, Unsecured, Substandard, Open Buildings and Structures

ADDENDUM TO SECTION 7, HAWK COVE CITY ORDINANCE 100-5A

SECTION 7. Authority to Secure Unoccupied, Unsecured, Substandard, Open Buildings and Structures

Sec. 8 Remedies. Failure to Comply with Notice or Order

Sec. 9 Collections and Liens

Sec. 10 Review

Sec. 11 Disclaimer of Liability

Section 4

Section 5

Section 6

CONCLUSION