0697ORDIN CE
AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO
SUBSTANDARD AND DANGEROUS BUILDINGS; PROVIDING FOR THE
REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF
DANGEROUS AND SUBSTAND.~RD BUILDINGS; PROVIDING FOR A
CIVIL PENALTY; PROVIDING THAT THIS ORDINANCE SHALL NOT
LIMIT THE AUTHORITY OF THE CITY; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Southlake is a home rule city acting under its Charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, the City of' Southlake has previously adopted Ordinance No. 615 establishing
standards for substandard buildings; 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, 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, Chapter 214 of the Local Government Code authorizes a municipality to
regulate substandard buildings and establishes procedures thereof; and
HgLiBRARY~ Southlake\ORDlN,M~, '7, xDANGER, fn7.wpd (02-11-98) Page I
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.
NOV~', THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION I.
PURPOSE, SCOPE AND TITLE
(l) Purpose. It is the purpose of this Ordinance to provide aj ust, equitable and practical
mcthod, to be cumulative with and in addition to any other remedy provided by the Building Code,
Chapter 214 of the Local Government Code, or otherwise available at law, whereby buildings, as
defined herein, which from any cause endanger the life, limb, health, morals, property, safety or
welfare of the general public or their occupants and may be required to be repaired, vacated,
demolished, removed or secured.
(2) Scope. The provisions of this Ordinance shall apply to all buildings which are
hereinafter defined as dangerous or substandard buildings whether no~v in existence or whether they
may hereafter become dangerous or substandard.
(3) Title. This Ordinance shall be known as the Substandard and Dangerous Building
Ordinance and may be cited and referred to as such.
SECTION II.
DEFINITIONS
(1) Building means and includes any building, fence, awning, canopy, sign, shed, garage,
house, tent 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.
(2)
Southlake.
Building Code is the Building Code, as adopted and amended by the City of
(3) Fire Code is the Fire Code, as adopted and amended by the City of Southlake.
H:\LiB R_SdKyx Southlake\ORDYNANC~,DANGER. fn7 wpd (02-I 1-98) . .- Page 2
(4) Plumbing Code is the Plumbing Code, as adopted and amended by the City of
Southlake.
(5)
Southlake.
Mechanical Code is the Mechanical Code, as adopted and amended by the City of
(6)
Southlake.
Electric Code is the Electrical Code, as adopted and amended by the City of
(7) Housing Code is the Housing Code, as adopted by the City of Southlake.
(8) Building Board of Appeals (sometimes referred to as "the Board") is the Board
created by Ordinance No. 622, as amended.
SECTION III.
ENFORCEMENT
(l) 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.
(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 o fthis 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
thereo fwhich are determined after inspection by the building official to be dangerous or substandard
as delined by this Ordinance are hereby declared to be public nuisances and shall be abated by repair,
i 1: Li BRARY',Southlake~ORD [NANC\DANG ER fn7 wpd (02~11-98) Page 3
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.
SECTION IV.
SUBSTANDARD BUILDINGS DECLARED
A. 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:
(1) Any building that is dilapidated, substandard, or unfit for human habitation and a
hazard to the public health, safety and welfare.
(2) 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.
(3) Any building that is boarded up, fenced or otherwise secured in any manner iff
(a) The building constitutes a danger to the public even though secured
from entry; or
(b) The means used to secure the building are inadequate to prevent
unauthorized entry or use of the building in the manner described by Section IV(2)
above.
(4) Whenever any building, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas
connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire
hazard.
(5) Whenever any building is in such a condition as to make a public nuisance known
to the common law or in equity jurisprudence.
(6) Whenever any portion of a building remains on a site after the demolition or
destruction of the building.
H: LIB~ XRY~,Southlake\O RD[NANC~DANG ER- fn7 wPd (02-11-98) Page 4
(7) Whenever any building is abandoned so as to constitute such building or portion
thereof an attractive nuisance or hazard to the public.
(8) Any building constructed and still existing in violation of any provision of the
Building Code, Fire Code, Plumbing Code, Mechanical Code, Electrical Code or Housing Code of
the City of Southlake to the extent that the life, health or safety of the public or any occupant is
endangered.
B. 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:
(1) Whenever any door, aisle, passageway, stairway or other means of exit is not of
sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case
of fire or panic.
(2) Whenever the walking surface of any aisle, passageway, stairway or other means of
exit is so warped, worn, loose, tom or otherwise unsafe as to not provide safe and adequate means
of exit in case of fire or panic.
(3) Whenever the stress in any materials, or members or portion thereof, due to all dead
and live loads, is more than one and one half times the working stress or stresses allowed in the
Building Code for new buildings of similar structure, purpose or location.
(4) Whenever any portion 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.
(5) Whenever any portion or member or appurtenance thereof is likely to fail, or to
become detached or dislodged, or to collapse and thereby injure persons or damage property.
(6) Whenever any portion of a building, or any member, appurtenance or ornamentation
on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or
fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the
Building Code for new buildings of similar structure, purpose or location without exceeding the
working stresses permitted in the Building Code for such buildings.
{7) Whenever any portion thereof has wracked, warped, buckled or settled to such an
extent that xvalls or other structural portions have materially less resistance to winds or earthquakes
than is required in the case of similar new construction.
(8) Whenever the building, or any portion thereof, because of (a) dilapidation,
deterioration or decay'; (b) faulty construction; (c) the removal, movement or instability of any
H:\LiBRARY~Southlake\ORDINANC\DANGER. fn7 WlXt (02-11-98) .., Page 5
portion of the ground necessaw 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.
(9) Whenever, fbr any reason, the building, or any portion thereof, is manifestly unsafe
for the purpose for which it is being used.
(10) Whenever the exterior walls or other vertical structural members list, lean or buckle
to such an extent that a plumb line passing through the center of gravity does not fall inside the
middle one third of the base.
(11) Whenever the building, exclusive of the foundation, shows 33 percent or more
damage or deterioration of its supporting member or members, or 50 or more percent damage or
deterioration of its non-supporting members, enclosing or outside walls or coverings.
(12) Whenever the building has been so damaged by fire, wind, earthquake, flood or 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.
(13) Whenever any building has been constructed, exists or is maintained in violation of
any specific requirement or prohibition applicable to such building provided by the building
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.
(14) Whenever any building which, whether or not erected in accordance with all
applicable laws and ordinances, has in any non-supporting part, member or portion less than 50
percent, or in any supporting part, member or portion less than 66 percent of the (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.
(15) Whenever a building, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate
light, air or sanitation facilities, or other~vise, is determined by the building official to be unsanitary,
unfit for human habitation or in such a condition that is likely to cause sickness or disease for
reasons including, but not limited to, the following:
(a) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling
unit or lodging house.
(b) Lack of, or improper water closets, lavatories and bathtubs or showers
per number of guests in a hotel.
(c) Lack of, or improper kitchen sink in a dwelling unit.
H:\LIB RARYXSouthlake\ORDINANC\DANG ER.fn7.wpd (02-11-98) Page 6
(d) Lack of hot and cold running water to plumbing fixtures in a hotel.
(e) Lack of hot and cold running water to plumbing fixtures in a dwelling
unit or lodging house.
Lack of adequate heating facilities.
Lack of, or improper operation of, required ventilating equipment.
Lack of minimum amounts of natural light and ventilation required
(g)
(h)
by this code.
(i)
building code.
(J)
(k)
(1)
(m)
(n)
(o)
Room and space dimensions less than required by this code the
Lack of required electrical lighting.
Dampness of habitable rooms.
Infestation of insects, vermin or rodents.
General dilapidation or improper maintenance.
Lack of connection to required sewage disposal system.
Lack of adequate garbage and rubbish storage and removal facilities.
SECTION V.
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.
H:~L ~r~RARY~Southlake\ORD[NANC\DANGE R.lh7 wpd (02-I 1-98) Page 7
SECTION VI.
PUBLIC HEARING FOR ABATEMENT
OF SUBSTANDARD BUILDINGS
(I) 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 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 o fthe 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. Th 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 ~vill 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.
(e) Notice of the time and place of the public hearing.
(I) 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.
Page 8
ii:,LiBILARY~Southlake,,ORDINANC'DANGER, fn7 wpd (02-11-98) . .
(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 tlne 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 roles adopted by the Board to preside at meetings, shall preside and shall determine all questions
of order. The hearing may be adjourned from day to day or continued upon a majority vote of the
Board.
SECTION VII.
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:
(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.
H: LIBRARY'SouthlakeXORDINANC\DANGER ~n7 wpd (02- I I 98) Page 9
(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, Iienholder 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
demonstrate compliance with the time schedules.
(3) Contents of order. The order of the Board must contain at minimum:
(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 feasible, 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.
H:\LiBRARY~,Southlake\ORDINANC~DANGER fn7.wlxl (02-11-98) Page 10
SECTION VIII.
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 o fgeneral 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)
obtained.
Instructions stating where a complete copy of the order may be
SECTION IX.
ENFORCEMENT OF THE ORDER OF BUILDING BOARD OF APPEALS
(1) If order not complied with, CiD' 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)
has found:
The City may not act to remove or demolish a building until after the Board
(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.
Page I 1
H: LIBRARY,,SouthlakexORDiNANCX~DANGER ~hT.wpd (02-11 98) ..
(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:
(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.
(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 mariner 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
H:\LIBRARY~Southlake\ORDINANC\DANGER. fn7 wpd (02 11-98) Page 12 . .
building has been lawfully sold pursuant to the provisions of this Ordinance, whenever such officer,
employee, contractor or author/zed 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. .~ny 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
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.
SECTION X.
PERFORM2MNCE 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. 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.
SECTION XI.
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;
H:,,LIBRARY',Southlake\O RDFNANC' D ANGER. fn7.wpd {02- I 1-98) Page 13
(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 assessed.
The lien shall be privileged and subordinate only to tax liens and shall be paramount to ali other
liens. The lien shall continue until the assessment and ail 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 often percent (10%) per annum
from the date the work was performed, the building official shall execute a release o flien which shall
be filed in the Deed Records of Tarrant or Denton County, Texas.
SECTION XII.
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.
H 'LIBRARhZSouthlake,ORDINANC DANGER. fi~7 wpd (? t 1-98) Page 14
(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 o f 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) Before the eleventh (1 lth) day after the date the building is secured pursuant to
Subsection XII(l) above, or action is ordered pursuant to Subsection XI[(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 o~vner
at the owner's post office address; or
(c) Publishing the notice at least twice within a ten (10) day period in a
nexvspaper 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
setw'ice cannot be obtained and the owner's post office address is unknown; and
(e) In addition to the above, depositing notice in the United States mail to ail
lienholders and mortgagees who can be determined from a reasonable search of instruments
on file in the office of the County Clerk.
(4) 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)
building;
A description of the violation of the minimum standards present in the
(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) The City Council shall conduct a heating 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) 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) It shall be unlawful to fail to comply with an order issued pursuant to this Section.
SECTION XIII.
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 heating 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.
(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:
H: LIBIL'~R5~,Southlake\ORDINANC',DANGER fn7.wpd (02-11-98) Page 16
(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.
SECTION XIV.
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.
SECTION XV.
This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake,
Texas, except where the provisions o fthis ordinance are in direct conflict with the provisions of such
ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
Specifically, Ordinance No. 615 is repealed.
SECTION XVI.
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,
H ?LiBRARY~ Southlake\ORDlNANC' DANG E R. fa7 ?d (02-11-98) Page 17
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation in this ordinance
of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION XVII.
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 each offense. Each day that a violation is permitted to
exist shall constitute a separate offense.
SECTION XVIII.
All fights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 560 and Ordinance No. 615 or any other ordinances
affecting the abatement o f dangerous or substandard buildings 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 but may be prosecuted until final disposition by the courts.
SECTION XIX.
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance
in book or pamphlet form 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.
H:\LIB RARY',Southlake\O RDIN ANCX DANGER. fn7 wpd (02-11-98) Page
SECTION XX.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a public
heating thereon at least ten (10) days before the second reading of this ordinance, and if this
ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of
its provisions, then the City Secretary shall additionally publish this ordinance or its caption and
penalty in the official City newspaper 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 XXI.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 3 DAY OV/~~ , 1998.
· &'o&.A KE,
_= ATT~EST: ,
,Ot,tuml~,.. TY SECRETARY
EFFECTIVE DATE:~
APPROVED AS TO FORM AND LEGALITY:
City Attorney
El: LIBRARY~SouthlakeXORDINANC, DANGER fn7 ~vpd (02 11-98) Page 19
rtU. LU. INU. LL-;i14bLO4
Star-Telegram AD ORDER NO. 12 5 6 7 6 6 6
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
THE STATE OF TEXAS
;ounty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared intItNA i \-c Billing Specialist for the
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
DATE -AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
INCH/LINE
3/06ME112567666 ORDINANCE NO . 69 I358 1x 54L 54 QUOTE 43 . 74
I ORDINANCE NO.697 03/D6-03/06
AN ORDINANCE ESTABLISH-
ING REGULATIONS APPLICA- ---- - ---
BLE TO SUBSTANDARD AND
VSBUILDINGS;DANGEROUS
I PROVIDING FOR H -
I PAIR DEMOLITION, REMOV-
AL SECURING AND VACA-
TION OF DANGEROUS AND
SUBSTANDARD BUILDINGS;
PROVIDING FORA CIVIL PEN-
ALTY; PROVIDING THAT
THIS ORDINANCE SHALL - ---
NOT LIMIT THE AUTHORITY
OF THE CITY; PROVIDING
THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF
ALL ORDINANCES, PROVID-
ING A SEVERABILITY
PENALTY FOROPROVIDING
VIOLATIONS ..
HEREOF, PROVIDING A SAV-
NGS CLAUSE,- PROVIDING S I
FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER;AND
PROVIDING AN EFFECTIVE
` DATE.
SECTION XVII SWORN TO BEFORE ME, THIS THE V � DAY OF -�Mak , \Ck.
Any person, firm or corpora-
tion ���
omits,who ctss,r rebeys,fuses ' RY.Po`h . ..i___ op_i___
to neglects or refuses 6 4../ �4, Di.rtThiN AA.. ��
tocomply with or who re- ;�2� , RHONDA R. GORE
sists the enforcement of any �,1 I Notary Public
of the provisions of this ord y ° COMMISSION EXPIRES
nonce shall be fined not ,r SEPTEMBER 8 1999
Dollarstha($2 000.00)Thousand
rrh�1.,,....
sj vt
each offense.Each day that TARRANT COUNTY,TEXAS
a violation is permitted to ex-
ist shall constitute a sepa-
rate offense.
PASSEDAND APPROVED
THISTHE 3RD DAY OF 013 ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
REGULAR 9 DURING
CITY COUNCIIr
MEETING OF THE CITY C TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�j
SOUTHLAKE,TEXAS. L�
/s/Rick Stacy,Mayor
/s/ATTEST:
/s/CitySandra L.yLeGrand,
Secret
APPROVED AS TO FOI OF
Cit EAttttorneyaSYlor,Jr., OFFICE
irieiegraiii CITY SECRETARY REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102\
ACCOUNT AMOUNT
12567666 NUMBER CIT57 DUE 43 .74
PAGE 1 O IF ANY QUESTIONS, PLEASE CALL(817)390-7885
CITY OF SOUTHLAKE PLEASE PAY
667 N CARROLL AVE THIS AMOUNT1
SOUTHLAKE , TX 76092-9595 43 . 74
PLEASE WRITE IN AMOUNT ENCLOSED
Star-Telegram FED. I.D. NO. 22 3148254
AD ORDER NO 12483832
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO.
CIT57
'E STATE OF TEXAS
unty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT Billing Specialist for the
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
I DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT
2/20ME 12483832 NOTICE OF PUBLIC I358 1x 56L 56 . 79 44 . 24
NOTICE OF PUBLIC 02/20-02/20 - -
HEARING
Notice is hereby given to all in-
terested persons that the
City Council of the City of
Southlake, will be holding a �......._.__.....__. _._....,..._
public hearing du ring meeting
at 6:00 p.m., in the City -
Council Chambers al City ----------- ---
Hall, 667 North Carroll Ave-
nue,Southlake,Texas.
Purpose of the hearing is to
consider the second reading
of the following ordinance.
ORDINANCE NO.697
AN ORDINANCE ESTABLISH-
' ING REGULATIONS APPLICA-
BLE TO SUBSTANDARD AND
DANGEROUS BUILDINGS; .
PROVIDING FOR THE RE-
PAIR DEMOLITION, REMOV- C
AL SECURING AND VACA- �.
TION OF DANGEROUS AND tt�� --�
SUBSTANDARD BUILDINGS; S I `_ - _J _
PROVIDING FOR A CIVIL PEN-
ALTY; PROVIDING THAT
THIS ORDINANCE SHALL
NOT LIMIT THE AUTHORITY WORN TO BEFORE ME, THIS THE 23th DAY OF FEBRUARY 1998
Sl
OF THE CITY; PROVIDING i
THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF .�pY p,t P.,.
INGAL ORDINANCES;SE �RABILIY `P .�0,, •
RHONDA R. GOKE Notary Public
CLAUSE; PROVIDING FOR A '',r
PENALTY FOR VIOLATIONS L, COMMISSION EXPIRES
HEREOF; PROVIDING A SAV- �
INGS CLAUSE' PROVIDING SEPTEMBER 8 1999
FOR PUBLICATION IN THE I:......•i f TARRANT COUNTY,TEXAS
OFFICIAL NEWSPAPER;AND j•, ►.�,.
PROVIDING AN EFFECTIVE ,�4,.6..11ra•
DATE.
t3`iAmount o• penalty,
The
ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
civil p in an amount not to
sesexceed 51000.0,i a day for --TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�A
each violation or,rf the own-
- er shows that the property is
the owenr's lawful home-
stead. m 10.00oantday not
for
exceed $. i
each an violation. �F ���
/s/Sandra L.LeGrand, F E OF
City Secretary.
Cit of Southlake ,r \
St -ieneram � �, � m
REMIT TO: ' 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
ACCOUNT AMOUNT
12483832 NUMBER CIT57 DUE 44 . 24
PAGE 1 C IF ANY QUESTIONS, PLEASE CALL(817)390-7885
CITY OF SOUTHLAKE 1
667 N CARROLL AVE PLEASE PAY
SOUTHLAKE , TX 76092-9595 THIS AMOUNT 44 . 24
PLEASE WRITE IN AMOUNT ENCLOSED