Item 4L Ord 12551
2021 International Property Maintenance Code
ORDINANCE NO. 1255
AN ORDINANCE ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE
CODE, 2021 EDITION REGULATING ALL EXISTING RESIDENTIAL AND
NONRESIDENTIAL STRUCTURES AND ALL EXISTING PREMISES; PROVIDING
FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR
RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET
FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Southlake, Texas 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, City Council of the City of Southlake deems it necessary to adopt
this ordinance governing requirements for the maintenance of residential and
nonresidential structures and all existing premises; and
WHEREAS, the City Council of the City of Southlake deems it necessary to
adopt this ordinance providing minimum standards to safeguard the health, property
and welfare of the citizens of Southlake by regulating and controlling the use,
occupancy, maintenance, repair, vacation, removal, demolition, and abatement of
substandard or dangerous buildings within the City of Southlake; and
WHEREAS, the City Council have desires to update, revise and clarify the
standards and regulations that apply to substandard buildings in conformance with
legislative amendments, and to provide for civil penalty as permitted by law; and
WHEREAS, Chapter 214 of the Local Government Code authorizes a
municipality to regulate substandard buildings and establishes procedures thereof; and
WHEREAS, it is the intention of the City Council of the City of Southlake 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.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Section 1
Adoption
That the International Property Maintenance Code, 2021 Edition, published by
The International Code Council, Inc., is hereby adopted as the Property Maintenance
Code of the City of Southlake. A True and correct copy of this document is referenced
in Exhibit "A."
Section 2
Amendments
That the 2021 International Property Maintenance Code, as adopted herein, is
hereby amended as provided in Exhibit “B” incorporated herein and attached hereto for
all purposes of this ordinance. The City of Southlake, Texas may from time to time
determine that additional local modifications to the Property Maintenance Code are
necessary and appropriate to meet the unique construction needs of the City of
Southlake, Texas. To effectuate these local modifications, the City council shall enact
individual ordinances amending this Ordinance fully setting forth the change to be made
in the Property Maintenance Code. The amendments shall be consolidated as Exhibit
"B" to this ordinance.
Section 3
Recording
The material contained in Exhibits "A" and “B” to this ordinance shall not be
included in the formal municipal codification of ordinances but shall be maintained as a
public record in the office of the City Secretary and/or the office of Building Inspections
and will be available for public inspection and copying during regular business hours.
Section 4
Cumulative Clause
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, 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.
Section 5
Severability
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
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enacted by the City council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section. It is not the intention of
this ordinance to conflict in any way with the Plumbing License Law of Texas.
Section 6
Penalty
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Two Thousand Dollars ($2,000.00) for all violations
involving zoning, fire safety or public health and sanitation, including dumping or refuse,
and shall be fined not more than five hundred dollars ($500) for all other violations of
this ordinance. Each day that a violation is permitted to exist shall constitute a separate
offense.
Section 7
Saving Clause
All rights and remedies of the City of Southlake are expressly saved as to any
and all violations of the provisions of any ordinances affecting the installation and
maintenance of existing buildings and premises which 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 buy may be prosecuted until
final disposition by the courts.
Section 8
Publication
The City Secretary of the City of Southlake is hereby authorized to publish this
ordinance in book or pamphlet form or on the internet for general distribution among the
public, and the operative provisions of this ordinance as so published shall be
admissible in evidence in all courts without further proof than the production thereof.
The City Secretary of the City of Southlake is hereby directed to publish in the
official newspaper of the City of Southlake or as authorized by law, the caption, penalty
clause, publication clause and effective date of this ordinance one time within ten days
after passage of this ordinance, as required by Section 3.13 of the Charter of the City of
Southlake.
Section 10
Effective Date
This ordinance shall be in full force and effect from and after its passage and publication
as required by law but not before May 1, 2022.
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APPROVED ON FIRST READING THIS 5 DAY OF APRIL, 2022.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED ON SECOND READING THIS 19 DAY OF APRIL, 2022.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_____________________________________
CITY ATTORNEY
PUBLISHED:
EFFECTIVE:
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EXHIBIT A
2021 International Property Maintenance Code Complete Edition
Located in the Building Inspections Office
1400 Main St., Suite 250
City of Southlake, Texas
76092
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EXHIBIT B
Amendments to the 2021 International Property Maintenance Code
The following sections, paragraphs, and sentences of the 2021 International Property Maintenance Code
are hereby amended as follows: A double asterisk (**) at the beginning of a section identifies an
amendment carried over from the 2018 edition of the code and triple asterisk (***) identifies a new or
revised amendment with the 2021 code.
**Section 202; add definition to read;
BUILDING: any fence, awning, canopy, sign, shed, garage, house, tent, structure utilized or
intended for supporting or sheltering any occupancy or other structure whatsoever and 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.
**Section 202; add definition to read;
ELECTRICAL CODE: the electrical code applicable to the structure in question, as adopted and
amended by the city.
**Section 202; add definition to read;
FIRE CODE: the fire code applicable to the structure in question, as adopted and amended by
the city.
**Section 202; add definition to read;
MECHANICAL CODE: the mechanical code applicable to the structure in question, as adopted
and amended by the city.
**Section 202; add definition to read;
PLUMBING CODE: the plumbing code applicable to the structure in question, as adopted and
amended by the city.
ENFORCEMENT
1) General.
a) Administration. The building official is hereby authorized to enforce the provisions of
this Ordinance. The building official shall have the power to render interpretations of this
Ordinance 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 Ordinance.
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b) Inspections. The building official and the fire marshal or their designees are hereby
authorized to make such inspections and take such actions as may be required to
enforce the provisions of this Ordinance.
c) Right of Entry. When it is necessary to make an inspection to enforce the provisions of
this Ordinance, or when the building official or his designee 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 Ordinance which makes the building or premises unsafe,
dangerous, or hazardous, the building official or his designee may enter the building or
premises at reasonable times to inspect or perform the duties imposed by this
Ordinance, provided that if such building or premises be occupied that credentials be
presented to the occupant and entry requested. If such building or premises be
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 building official shall have recourse to the
remedies provided by law to secure entry.
2) 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 Ordinance 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 Ordinance.
3) Unlawful to Violate Ordinance. It shall be unlawful for any person, firm or corporation to
erect, construct, or 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 Ordinance.
4) Inspection Authorized. All buildings within the scope of this Ordinance and all construction
or work for which a permit is required shall be subject to inspection by the building official.
SUBSTANDARD BUILDINGS DECLARED
1) For the purposes of this Ordinance, 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:
a) 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.
b) Whenever any building that, 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.
c) Any building that is boarded up, fenced or otherwise secured in any manner if:
i.) The building constitutes a danger to the public even though secured from
entry; or
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ii.) The means used to secure the building are inadequate to prevent
unauthorized entry or use of the building in the manner described by Section
IV(1)(b) above.
d) 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.
e) Whenever any building is in such a condition as to make a public nuisance known to the
common law or in equity jurisprudence.
f) Whenever any portion of a building remains on a site after the demolition or destruction
of the building.
g) Whenever any building is abandoned so as to constitute such building or portion thereof
an attractive nuisance or hazard to the public.
h) Any building constructed and still existing in violation of any provision of the International
Building Code, International Residential Code, International Fire Code, International
Plumbing Code, International Mechanical Code, International Fuel Gas Code, National
Electrical Code, International Swimming Pool and Spa Code, or International Property
Maintenance Code of the City of Southlake to the extent that the life, health or safety of
the public or any occupant is endangered.
2) For the purposes of this ordinance, 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 or welfare of the public or the occupants
thereof shall be deemed and hereby is declared to be a substandard building, and a
nuisance:
a) 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.
b) 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.
c) 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.
d) Whenever any portion thereof 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.
e) 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.
f) 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
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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.
g) Whenever any portion thereof 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.
h) Whenever the building, or any portion thereof, 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, is likely to
partially or completely collapse.
i) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for
the purpose for which it is being used.
j) 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.
k) Whenever the building, exclusive of the foundation, shows 33 percent or more damage
or deterioration of its supporting member or members, or 50 or more percent damage or
deterioration of its non-supporting members, enclosing or outside walls or coverings.
l) Whenever the building has been so damaged by fire, wind, earthquake, flood or other
causes, 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.
m) 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
regulations of this jurisdiction, as specified in the Building Code, or of any law or
ordinance of this state or jurisdiction relating to the condition, location or structure of
buildings.
n) 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 (a)
strength, (b) fire-resisting qualities or characteristics, or (c) weather-resisting qualities or
characteristics required by law in the case of a newly constructed building of like area,
height and occupancy in the same location.
o) 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:
i.) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or
lodging house.
ii.) Lack of, or improper water closets, lavatories and bathtubs or showers per
number of guests in a hotel.
iii.) Lack of, or improper kitchen sink in a dwelling unit.
iv.) Lack of hot and cold running water to plumbing fixtures in a hotel.
v.) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or
lodging house.
vi.) Lack of adequate heating facilities.
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vii.) Lack of, or improper operation of, required ventilating equipment.
viii.) Lack of minimum amounts of natural light and ventilation required by this code.
ix.) Room and space dimensions less than required by this code, the Building Code,
or the Housing Code.
x.) Lack of required electrical lighting.
xi.) Dampness of habitable rooms.
xii.) Infestation of insects, vermin or rodents.
xiii.) General dilapidation or improper maintenance.
xiv.) Lack of connection to required sewage disposal system.
xv.) Lack of adequate garbage and rubbish storage and removal facilities.
3) Chapters 3 through 7 of the 2021 Edition of the International Property Maintenance Code,
published by the International Code Council, Inc. attached hereto and incorporated herein for
all municipal purposes and as amended herein, are hereby adopted by the City Council of
the City of Southlake to the extent they do not conflict with other provisions of this
Ordinance. For purposes of this Ordinance, any building, regardless of its date of
construction, which exists in violation of Chapters 3 through 7 of the International Property
Maintenance Code 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. The International Property Maintenance Code is
amended as follows:
a) § 302.4 delete;
b) § 304.14 delete: “During the period from [date] to [date]”;
c) § 602.3 delete: “During the period from [date] to [date]”; and
d) § 602.4 delete: “During the period from [date] to [date]”.
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 or she deems appropriate:
1) Issue notice to the record owner that the building is substandard and must be repaired or
demolished; or
2) Issue citation(s) for violation(s) of this Ordinance; or
3) Secure the building if permitted by Subsection XII(1) below; or
4) Recommend to the Board that abatement proceedings be commenced pursuant to
Section VI below.
PUBLIC HEARING FOR ABATEMENT OF SUBSTANDARD BUILDINGS
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1) Commencement of Proceedings. When the building official has found and determined that
a building is a substandard building, the building official shall commence proceedings to
cause the repair, vacation, relocation of occupants, removal, demolition or securing of the
building.
2) Public Hearing to be Held. Except when the City Council 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 IV above. If
the City Council determines that the building constitutes an immediate danger, the
procedures set forth in Section XII(2) shall be followed.
3) Notice. Not less than ten (10) 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
the county real property records of the county in which the building is located; appraisal
district records of the appraisal district in which the building is located, records of the
Secretary of State; assumed name records of the county in which the building is located; tax
records of the city; and utility records of the city. The notice shall contain:
a) The name and address of the record owner;
b) The street address or legal description sufficient for identification of the premises upon
which the building is located;
c) 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 IV above.
d) 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 the
Ordinance, and the time it will take to reasonable perform the work.
e) Notice of the time and place of the public hearing.
f) A statement that if the building is found to be in violation of this Ordinance, the Board
may order that the building be vacated, secured, repaired, removed or demolished within
a reasonable time.
4) Additional Notice of Public Hearing. Prior to the public hearing, the City may file a copy of
the notice mailed pursuant to Section (3) above in the official public records of real property
in the county in which the property is located. If such notice is not filed of record, each
identified mortgagee and lienholder must be notified of any abatement order issued by the
Board at the public hearing, prior to any remedial action by the City.
5) Burden of Proof. At the public hearing, the owner, lienholder or mortgagee has the burden
of proof to demonstrate 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.
6) 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. 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
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shall determine all questions of order. The hearing may be adjourned from day to day or
continued upon a majority vote of the Board.
ORDER OF BUILDING BOARD OF APPEALS
1) Findings of the Board. 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 IV, the
Board may order that the building be repaired, vacated, removed or demolished, secured, or
the occupants relocated, by the owner, mortgagee or lienholder within a reasonable time as
provided herein.
2) Time Allowed to Complete Work.
a) The order must require the owner, lienholder or mortgagee of the building to within 30
days and the lienholder or mortgagee to within an additional 30 days if the owner does
not comply:
i.) Secure the building from unauthorized entry; and/or
ii.) Repair, remove or demolish the building unless the owner or lienholder
establishes at the hearing that the work cannot reasonably be performed within
30 days.
b) If the Board allows the owner, lienholder or mortgagee more than thirty (30) days to
repair, remove or demolish the building, the Board shall establish specific time schedules
for the commencement and performance of the work and shall require the owner,
lienholder or mortgagee to secure the property in a reasonable manner from
unauthorized entry while the work is being performed, as determined by the Board.
c) The Board may not allow the owner, lienholder 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 lienholder or mortgagee:
i.) Submits a detailed plan and time schedule for the work at the hearing; and
ii.) Establishes at the hearing that the work cannot be reasonably completed within
ninety (90) days because of the scope and complexity of the work.
d) If the Board allows the owner, lienholder or mortgagee more than ninety (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:
i.) Demonstrate compliance with the time schedules; and
ii.) If the owner, lienholder or mortgagee, owns property, including structures and
improvements on property within the city’s boundaries that exceeds $100,000, to
post cash or surety bond or letter of credit or third party guaranty to cover the cost
of the work ordered by the Board
e) All orders of the Board must allow a lienholder or mortgagee at least 30 additional days
to complete the ordered work in the event the owner fails to comply with the order within
the time provided for action by owner, prior to remedial action by the City.
3) Contents of order. The order of the Board must contain at minimum:
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a) An identification which is not required to be a legal description, of the building and the
property on which it is located; and
b) A description of the violation of minimum standards present in the building; and
c) A description of the ordered actions, including a statement that the owner may repair, if
determined feasible by the Board, or demolish or remove at his option; and
d) A statement that the City will vacate, secure, remove or demolish the building or relocate
the occupants of the building if the ordered action is not taken within the time allowed,
and charge the cost to the property; and
e) If the Board has determined that the building will endanger persons or property and that
the building is a dwelling with 10 or fewer dwelling units, a statement that the city may
repair the building and charge the costs to the property if the ordered action is not taken
within the time allowed.
NOTICE OF ORDER OF BUILDING BOARD OF APPEALS
1) 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.
2) Order Shall be Filed with City Secretary. Within ten (10) 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.
3) Order Shall be Published. Within ten (10) 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:
a) The street address or legal description of the property; and
b) The date the hearing was held; and
c) A brief statement indicating the results of the order; and
d) Instructions stating where a complete copy of the order may be obtained.
ENFORCEMENT OF THE ORDER OF BUILDING BOARD OF APPEALS
1) If order not complied with, City may take action. 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:
a) The City may not act to remove or demolish a building until after the Board has found:
i.) That such defects or conditions exist to the extent that the life, health, property or
safety of the public or the occupants of the building are endangered; and
ii.) The building is infeasible of repair; or
iii.) There is no reasonable probability that the building will be repaired within a
reasonable period of time if additional time is given.
b) The city may only repair a building as provided herein to the extent necessary to correct
the conditions which render the building dangerous, and may not act to repair a building
unless:
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i.) The Board has made a determination that the building is likely to endanger
person or property; and
ii.) The building is a residential dwelling with ten (10) or fewer dwelling units.
c) In the event there are mortgagors or lienholders, the City may only repair, remove or
demolish the building after allowing the lienholder or mortgagee an additional 30 days
after the time prescribed in the order has expired to complete the required work.
d) 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 Section VII(2)(d) of this Ordinance.
2) Posting of Notice to Vacate Building. If the order requires vacation or 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 Southlake"
3) Remedial Action by City. Any repair or 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 over to the person or
persons lawfully entitled thereto.
4) Failure to Obey Order. Any person to whom an order pursuant to Section VII 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.
5) 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 Ordinance; or with any person
to whom such building has been lawfully sold pursuant to the provisions of this Ordinance,
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 provision of this Ordinance, or in performing any necessary act preliminary to
or incidental to such work or authorized or directed pursuant to this Ordinance.
6) Permit Required. Any work of closure, repair, removal or demolition by the property owner
or any lienholder or mortgagee or their agents must be performed pursuant to valid
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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.
PERFORMANCE OF WORK BY THE CITY
1) 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 City Council or 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.
2) Costs. The cost of such work 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 (10%) interest on such amount from the date on which the work is performed.
3) Repair to Minimum Standards Only. In the event repair by the City is permitted by this
Ordinance, 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.
RECOVERY OF COST OF SECURING, REPAIR, REMOVAL OR DEMOLITION
1) 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 Ordinance. 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:
a) The name and address of the owner if that information can be determined with a
reasonable effort;
b) A legal description of the real property on which the building is or was located;
c) The type of work performed; and
d) The amount of expenses incurred by the city in performing the work and the balance
due.
2) 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 deed records of the county in
which the premises are located.
3) 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.
4) Lien Shall be Valid and Privileged. Upon filing of the Notice of Lien in the Deed Records of
Tarrant or Denton County, Texas, the lien shall be valid against the property so
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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.
5) 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.
6) 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 (10%) per annum
from the date the work was performed, the building official shall execute a release of lien
which shall be filed in the Deed Records of Tarrant or Denton County, Texas.
ADDITIONAL AUTHORITY TO SECURE CERTAIN SUBSTANDARD BUILDINGS PRIOR TO
PUBLIC HEARING AND SECURE, DEMOLISH, REPAIR OR REMOVE CERTAIN
DANGEROUS BUILDINGS
1) Securing of Unoccupied, Substandard Building. Notwithstanding any other provisions of
this Ordinance the City may secure a building if the building official determines:
a) That the building violates the minimum standards set forth in Section IV above; and
b) That the building is unoccupied or is occupied only by persons who do not have the right
of possession to the building.
2) If Building Creates Immediate Danger. Notwithstanding any other provisions of this
Ordinance, if the City Council finds that a building is likely to immediately endanger persons
or property the City Council may:
a) Order the owner of the building, the owner's agent, or the owner or occupant of the
property on which the structure is located to repair, remove, or demolish the structure, or
the dangerous part of the structure, within a specified time; or
b) Repair, remove, or demolish the structure, or the dangerous part of the structure, at the
expense of the municipality, on behalf of the owner of the structure or the owner of the
property on which the structure is located, and assess the repair, removal, or demolition
expenses on the property on which the structure was located.
3) Notice of Action. Before the eleventh (11th) day after the date the building is
secured pursuant to Subsection XII(1) above, or action is ordered pursuant to Subsection
XII(2)(a) above, or the building is repaired, removed or demolished pursuant to Subsection
XII(2)(b) above, the building official shall give notice to the owner by:
a) Personally serving the owner with written notice; or
b) Depositing the notice in the United States mail addressed to the owner at the owner's
post office address; or
c) Publishing the notice at least twice within a ten (10) day period in a newspaper of
general circulation in the county in which the building is located, if personal service
cannot be obtained and the owner's post office address is unknown; or
d) Posting the notice on or near the front door of the building if personal service cannot be
obtained and the owner's post office address is unknown; and
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e) In addition to the above, depositing 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.
4) Notice. The notice must contain:
a) An identification, which is not required to be a legal description, of the building and the
property on which it is located;
b) A description of the violation of the minimum standards present in the building;
c) 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 XII(2)
above;
d) 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.
5) Hearing. The Board or the City Council shall conduct a hearing at which the owner 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 thirty (30) days after
the date the City has taken action pursuant to Subsections XII(1) or (2) above, the owner
files with the City a written request for the hearing. The hearing shall be conducted within
twenty (20) days after the date the request is filed.
6) Lien. If the City incurs expenses under this Subsection, 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 X of this Section.
7) Violation. It shall be unlawful to fail to comply with an order issued pursuant to this Section.
CIVIL PENALTY
1) Civil Penalty Authorized. In addition to any other enforcement authority provided for by
law, the Board may, by order, at an administrative 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 VII of this ordinance.
2) Showing Required. The civil penalty may be assessed if it shown at the administrative
hearing that:
a) The property owner was notified of the contents of the order issued pursuant to Section
VII of this ordinance; and
b) The property owner committed an act in violation of the order or failed to take an action
necessary for compliance with the order.
3) Amount of Penalty. The civil penalty may be assessed in an amount not to exceed
$1000.00 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.
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4) Notice of Administrative Hearing. Not less than ten (10) days prior to the date on which
the administrative hearing is set, the property owner shall be sent a notice of the hearing by
certified mail/return receipt requested. The notice shall contain:
a) A copy of the order issued by the Board to Section VII of this ordinance;
b) 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;
c) A statement that at the administrative hearing the Board may assess a civil penalty not to
exceed $1000.00 a day for each violation or, if the owner shows that the property is the
owners' lawful homestead, in an amount not to exceed $10.00 a day for each violation;
and
d) Notice of the time and place of the hearing.
5) Copy of Order Filed with District Clerk. After the 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.
6) 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.
AUTHORITY NOT LIMITED
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.
END