Health & Safety Nuisances

Note: For the Sanitary Code of Texas, see VACS Article 4477. Among other things this Code prescribes powers and duties of city health authorities regarding quarantine and disinfection. For state law relating to sanitation and health protection generally, see VACS Article 4477-1. Section 2 of this article defines certain health nuisances, and § 3 prescribes abatement procedures.

Article 1. Nuisances Generally

Section 10-1. Certain nuisances defined.

(a) All dead, decaying, or putrid carcasses, flesh, fish or vegetable deposits, or manure; foul or unwholesome substance of any kind or description; all filthy or unhealthy water or slops when thrown or conducted upon any street or alley or enclosure so as to be unwholesome; all privies and slaughter houses that have become offensive from use; all markets, or outbuildings or places which are not kept clean from all filth and unwholesome substance; all deposits of substance that are liable to become offensive or liable to engender disease; any lot retaining water until it stagnates; all trash, excelsior, cans, cardboard, boxes, or other articles unsightly or obstructing any street or alley of the City of White Deer, are hereby declared a nuisance and are liable to be abated.

(a) Stagnant Water. It shall be unlawful for the owner of any lot or other premises in the city to allow or permit holes or places where water may accumulate and become stagnant to be or remain on such lot or premises or to allow or permit the accumulation of stagnant water thereon, or to permit the same to remain thereon, and such condition is hereby declared to constitute a public nuisance.

(b) Accumulation of carrion or filth. It shall be unlawful for the owner of any lot, building, house, establishment, or premises in the city to allow or permit any dead and
putrefying flesh of an animal, fowl, or fish, or any other impure or unwholesome matter of any kind to accumulate or remain thereon, and such condition is hereby declared to constitute a public nuisance.

(c) Offensive Material. It shall be unlawful for any person in the city to throw, place or deposit, or cause to be thrown, placed or deposited, in any street, alley, or gutter
or upon any sidewalk or other public place or on any private lot or other place within the city limits, the carcass of any dead animal or fowl or any spoiled or unsound meat of any kind, or any fish, hide, skin, melon rinds, vegetables or bones, or any dung or filth of any kind, or any slop or dish water, waste water or unsound or offensive matter of any kind, and such condition is hereby declared to constitute a public nuisance. It shall be unlawful for any person in the city to permit any of such matter to remain in or on any premises owned or controlled by him as agent, tenant, or otherwise, or who shall permit the same to remain in or upon any alley or sidewalk adjoining the premises owned or controlled by him as agent, tenant, or otherwise, and such condition is hereby declared to constitute a public nuisance.

(d) Cesspools, privies, and septic tanks. It shall be unlawful for any person or persons in the city to keep or cause to be kept or allow to be kept in or upon any premises owned or controlled by him/her as agent, tenant, or otherwise, any privy, sink or vault, cesspool or septic tank, in such a manner as to be unhealthy or offensive to any person whomsoever or in such manner as to produce offensive smells, or shall fail to clean the same for two days after notice in writing by the city code enforcement officer or his designee, or shall refuse to obey any directions of the code enforcement officer of the city or his designee, and such condition is hereby declared to constitute a public nuisance.

(e) Accumulation of rubbish or other objectionable matter. It shall be unlawful for the owner of any lot or premises in the city to allow or permit weeds, tall grass, brush, junk, garbage, rubbish, or any other unsightly, objectionable, or unsanitary matter of whatever nature to accumulate or remain on such lot or premises, and such condition is hereby declared to constitute a public nuisance.

Section 10-2.

That Chapter 10, Article 1, Section 10-2 be and hereby is amended to read as follows:

Section 10-2. Power to Define and prohibit nuisances. The city is a type A general-law municipality and pursuant to section 217.002 of the Texas Local Government Code has the authority to (i) abate and remove a nuisance and punish by fine the person responsible for the nuisance, (ii) define and declare what constitutes a nuisance and authorize and direct the summary abatement of the nuisance, and (iii) abate in any manner the governing body considers expedient any nuisance that may injure or affect the public health or comfort of its residents. The city also has the authority under chapter 342 of the Texas Health and Safety Code to regulate sanitation within its city limits.

Section 10-2. Penalty. Be renumbered to Section 10-4. Penalty. Any person who shall in this City, cause or create any such nuisance or allow the same to exist upon his property or on property under his control shall be deemed guilty in violation of this ordinance and upon conviction punished as of a misdemeanor, and his the punishment fixed as a fine of not more than maximum amount as established by State law for a Class C misdemeanor; and each and every day that such nuisance exists shall constitute a separate offense.

Section 10-3.

That Chapter 10, Article 1, be and hereby is amended to read as follows:

Section 10-3. Notice to owner. Notice regarding any condition described in this article will be provided pursuant to Texas Health and Safety Code section 342.006 as amended:

If the owner of property in the municipality does not comply with a municipal ordinance or requirement under this chapter within seven days of notice of a violation, the municipality may:
do the work or make the improvements required; and
pay for the work done or improvements made and charge the expenses to the owner of the property.
The notice must be given:
personally to the owner in writing; by letter addressed to the owner at the owner’s address as recorded in the appraisal district records of the appraisal district in which the property is located; or
if personal service cannot be obtained:
by publication at least once;
by posting the notice on or near the front door of each building on the property to which the violation relates; or
by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.
If a municipality mails a notice to a property owner in accordance with Subsection (b), and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered as delivered.
In a notice provided under this section, a municipality may inform the owner by regular mail and a posting on the property, or by personally delivering the notice, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the municipality without further notice may correct the violation at the owner’s expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the municipality has not been informed in writing by the owner of an ownership change, then the municipality without notice may take any action permitted by Subsections (a)(1) and (2) and assess its expenses as provided by Section 342.007. Texas Health and Safety Code, Section 342.006.

Section 10-4.

Severability. If any provision, section, subsection, sentence, clause or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Council of the City of White Deer, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality of any other portion or provision.

Section 10-5.

Repealer. That all ordinances, parts of ordinances resolutions and parts of resolutions in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance.

Section 10-6.

Penalty. It is an offense to violate any part of this ordinance, punishable upon conviction in accordance with State law for a Class C misdemeanor.

Section 10-7.

Publishing and Effective Date. That this ordinance shall be published and become effective according to law.

Article 2. Weeds and Grass

Ordinance No. 100

An Ordinance of the City of White Deer, Carson County, Texas, to adopt rules and regulations for maintaining property in the city limits of White Deer free of noxious weeds and tall grass for the health, safety and beauty of the city.

Whereas certain owners of property within the city limits of White Deer, Texas, which includes out lots thereof, have allowed the same to become overgrown with weeds, tall grass and other rank vegetation, and such property is unsightly, a health hazard and depresses property values of adjoining property owners:

Therefore, be it ordained by the City Council of White Deer, Texas:

Section 1

(a) No person owning or having control, any real property in the city limits of White Deer, Carson County ,Texas shall permit or maintain on any such premises the growth of weeds, grass or other rank vegetation to greater height than (10) inches average nor any accumulation of dead weeds, grass or brush on any of said property. It shall be the duty of the owner of any said property to either remove or destroy by lawful means all such weeds, grass and vegetation as often as may be necessary to comply with the provisions of this ordinance.

(b) A person having control of property is hereby defined as all persons, firms or corporations who own, look after, rent, lease, or collect rent or revenue for or upon any such real property located within the City.

Section 2

It shall be the duty of the Mayor or Code Enforcement Officer to give said property owner notice that they are in violation of this Ordinance and they have seven (7) days in which to mow, clean and clear the property, or the city employees may enter the property, mow and clean the property and charge the owner a fee of not less than $ 40.00 per man hour. The owner of the property shall be billed for any fees and expenses for cleaning the property and the amount thereof shall become a lien upon the property until paid in full.

Section 3

Any person violating the terms of this ordinance, may upon conviction thereof, be fined any sum not exceeding $200.00.

Section 4

If any section, subsection, sentence, or clause or phrase of this Ordinance is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of the Ordinance shall not be affected thereby. It being the intent of the City Council in adopting this Ordinance that no portion thereof, or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any section, subsection, sentence, clause, phrase, portion, provision or regulation of this ordinance.

Section 5

All existing Ordinances of the City of White Deer are hereby repealed insofar as they may be inconsistent with provisions of this Ordinance.

Section 6

This Ordinance shall become effective from the day after the date of publication in The White Deer Newsof the above captioned which states in summary the purpose of this Ordinance and the penalty for violation thereof.

Article 3. Replaced With Ordinance 102

Article 4. Unsafe Buildings.

Section 10.4101. Definitions.

(a) Responsible Party. The owner, occupant, or person in custody of the building or structure.

(b) Unsafe Building. Any building or structure in or about which any or all of the following conditions exist:

Walls or other vertical structural members list, lean, or buckle;
Damage or deterioration exists to the extent that the building is unsafe;
Loads on floors or roofs are improperly distributed or the floors or roofs are insufficient strength to be reasonably safe for the purposes used;
Damage by fire, wind, or other cause has rendered the building or structure dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the city;
The building or structure is so dilapidated, substandard, decayed, unsafe, unsanitary, or otherwise lacking in the amenities essential to the decent living that the same is unfit for human habitation or is likely to cause sickness, disease or injury or otherwise to constitute a detriment to the health, morals, safety, or general welfare of those persons assembled, working, or living therein or is a hazard to the public health, safety and welfare;
Light, air, and sanitation facilities are inadequate to protect the health, morals, safety, or general welfare of persons who assemble, work, or live therein;
Stairways, fire escapes, and other facilities of egress in case of fire or panic are inadequate;
Parts or appendages of the building or structure are so attached that they are likely to fall and injure persons or property;
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;
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;
Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one half times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location;
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;
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;
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;
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;
Whenever the building or structure, or any portion thereof, because of:
Dilapidation, deterioration, or decay;
The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;
The deterioration, decay or inadequacy of its foundation; or
Any other cause is likely to partially or completely collapse;
Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
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;
Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings;

Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become as dilapidated or deteriorated as to become:

An attractive nuisance to children;
A harbor of vagrants, criminals or immoral persons; or as to
Enable persons to resort thereto for the purpose of committing unlawful or immoral acts;
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 building regulations of this jurisdiction, as specified in the Uniform and International Building Code, as adopted by the City of White Deer, or of any law or code of this state or jurisdiction relating to the condition, location or structure of buildings;
Whenever any building or structure which, whether or not erected in accordance with all applicable laws and codes, 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;
Whether a building or structure, 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 health officer to be unsanitary, unfit for human habitation or in such condition that is likely to cause sickness or disease;
Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration: damage, inadequate exits; lack of sufficient fire restrictive construction, faulty wiring, has connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard;
Whenever any building or structure is in such condition as to constitute a public nuisance known to the common law or in the equity jurisprudence;
Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof air attractive nuisance or hazard to the public.
A condition exists in violation of the standards set forth in subsection (b) which condition renders the building or structure unsafe, unsanitary, or otherwise detrimental to the health, safety, morals, or welfare of the people of the city.
The minimum standards prescribed in the Building Code adopted by the City of White Deer and as prescribed by this article apply to use and occupancy of all buildings in the city regardless of the date of their construction. A responsible party may continue to use and occupy any building located within the city; regardless of the date said building was constructed if such building meets the applicable minimum standards for buildings as prescribed in the adopted Building Code of the City of White Deer and is not in violation of this article.

Section 10.4102. Unsafe Buildings Declared to be a Nuisance.

(a) It shall be unlawful for any person to maintain or permit the existence of any unsafe building in the city; and it shall be unlawful for any person to permit same to remain in such condition.

(b) All unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures provided in this article.

Section 10.4103. Inspection of Buildings.

(a) The building official shall inspect, or cause to be inspected, every building or portion thereof reported to be unsafe. If such building or any portion thereof is determined to be unsafe, the building official shall give the responsible party notice in accordance with the requirements set forth in Sections 10.4104 and 10.4105 of this article.

Section 10.4104. Notice.

(a) Whenever the building official determines that a building is unsafe, he or she shall give notice of such determination to the responsible party. Such notice shall:

Be in writing;
Identify the specific conditions upon which such determination was based;
Specify the corrective measures required;
Provide a reasonable time for compliance;
Advise the responsible party that there will be a public hearing conducted before the Planning and Zoning Board of Adjustment whether a building complies with the standards set out in Section 10.4101 as hereinabove set forth. Said notice shall inform the responsible party of the date, time and place of the hearing;
Be served upon the responsible party as set out in this article.

Section 10.4105. Sufficiency of Notice.

(a) Notice given pursuant to this article shall be deemed properly served upon the responsible party if a copy thereof is:

Served upon him personally;
Sent by registered or certified mail, return receipt requested, to the last known address of such person as shown on the records of the city; or
Posted in a conspicuous place in or about the building affected by the notice.

Section 10.4106. Public Hearing.

(a) The purpose of the public hearing is to determine whether or not the building is unsafe in accordance with the standards set forth in Section 10.4101.

(b) The matter shall be set for hearing by the Planning and Zoning Board of Adjustment at the earliest practicable date and notice of said hearing shall be served on the responsible party and the building official not less than ten (10) days prior to the date of said hearing. All interested persons shall have the opportunity to be heard and may introduce evidence to said board of adjustment for its members’ consideration.

(c) After the public hearing, the Planning and Zoning Board of Adjustment shall make such findings and recommendations to the City Council, as it shall deem appropriate.

(d) After the public hearing, if a building is found in violation of the standards set out in Section 10.4103 of this article, if recommended by the Planning and Zoning Board of Adjustment, the City Council may order that the building be vacated, secured, repaired, removed or demolished by the owner within a reasonable time. The City Council also may order that the occupants be relocated within a reasonable time. If the responsible party does not take the ordered action within the allotted time, the City Council shall make a diligent effort to discover each mortgagee and lien holder having an interest in the building or the property on which the building is located. The city secretary shall personally deliver or mail notice, certified mail return receipt requested, to each identified mortgagee and lien holder a notice containing:

An identification, and address of the building and the property on which it is located;
A description of the violation of the city building code or minimum standards established by this article that is present at the building; and
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 a reasonable time.

(e) As an alternative to the procedures prescribed in subsection (d) above, the Planning and Zoning Board of Adjustment shall make a diligent effort to discover each mortgagee and lien holder before conducting the public hearing and shall give them notice of and an opportunity to comment at the hearing. If the city proceeds under this subsection, the order issued by said city council shall specify a reasonable time for the building to be vacated, secured, repaired, removed or demolished by the responsible party or for the occupants to be relocated by the responsible party and an additional reasonable time for the ordered action to be taken by any of the mortgagees or lien holders in the event the responsible party fails to comply with the order within the time provided for action by the responsible party. Under this subsection, the city is not required to furnish any notice to a mortgagee or penholder other than a copy of the order in the event the responsible party fails to timely take the ordered action.

Within 10 days after the date that the order is issued, the municipality shall:
File a copy of the order in the office of the Municipal secretary or clerk; and
Publish in a newspaper of general circulation in the municipality;
The street address or legal description of the property;
The date of the hearing;
A brief statement indicating the results of the order; and
Instructions stating where a complete copy of the order may be obtained.

(f) After the City Council makes an order determined by the Planning and Zoning Board of Adjustment hearing and recommendation, the municipality shall promptly mail by certified mail, return receipt requested, or personally deliver a

copy of the order to the owner of the building and to any lien holder or mortgagee of the building. The municipality shall use its best efforts to determine the identity and address of any owner, lien holder, or mortgagee of the building.

(g) In conducting a hearing authorized under this section, the municipality shall require the owner, lien holder, or mortgagee of the building to within 30 days:

Secure the building from unauthorized entry; or
Repair, remove, or demolish the building, unless the owner or lien holder establishes at the hearing that the work cannot reasonably be performed within 30 days.

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

(i) A municipality may not allow the owner, lien holder, or mortgagee more than 90 days to repair, remove, or demolish the building or fully perform all work required to comply with the order unless the owner, lien holder, or mortgagee:

Submits a detailed plan and time schedule for the work at the hearing; and
Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.

(j) If the municipality allows the owner, lien holder, or mortgagee more than 90 days to complete any part of the work required to repair, remove, or demolish the building, the municipality shall require the owner, lien holder, or mortgagee to regularly submit progress reports to the municipality to demonstrate compliance with the time schedules established for commencement and performance of the work. The order may require that the owner, lien holder, or mortgagee appear before the hearing official or the hearing official’s designee to demonstrate compliance with the time schedules. If the owner, lien holder, or mortgagee owns property, including structures or improvements on property, within the municipal boundaries that exceeds $100,000 in total value, the municipality may require the owner, lien holder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing, or demolishing a building under this subsection. In lieu of a bond, the municipality may require the owner, lien holder, or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party approved by the municipality. The bond must be posted, or the letter of credit or third party guaranty provided, not later than the 30th day after the date the municipality issues the order.

(k) In a public hearing to determine whether a building complies with the standards set out in an code adopted under this section, 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 the code and the time it will take to reasonably perform the work.

(l) If a building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time, the city may vacate, secure, remove, or demolish the building or relocate the occupants at its own expense.

(m)If the city incurs expenses under subsections (a, b, or f) of this section, the city may assess the expenses on and the city has a lien against, unless it is a homestead as protected by the Texas Constitution, the property on which the building was or is located. The lien is extinguished if the property owner or another person having interest in the legal right to the property reimburses the city for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the Carson County Clerk. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a lega1 description of the real property on which the building was located, the amount of expenses incurred by the city, and the balance due.

(n) If the notice is given and the opportunity to repair, remove, or demolish the building is afforded to each mortgagee and lien holder as authorized, the lien is a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens attached to the real property to which the city’s lien attaches.

Section 10.4107. Judicial Review.

(a) Any owner, lien holder, or mortgagee of record of property jointly or severally aggrieved by an order of a municipality issued under this Section or Chapter 214.001 of the Local Government Code may file in district court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be filed by an owner, lien holder, or mortgagee within 30 calendar days after the respective dates a copy of the final decision of the municipality is personally delivered or mailed to them by first class mail, certified return receipt requested, or such decision shall become final as to each of them upon the expiration of each such 30 calendar day period.

(b) On the filing of the petition, the court may issue a writ of certiorari directed to the municipality to review the order of the municipality and shall prescribe in the writ the time within which a return on the writ must be made, which must be longer than 10 days, and served on the realtor or the realtor’s attorney.

(c) The municipality may not be required to return the original papers acted on by it, but it is sufficient for the municipality to return certified or sworn copies of the papers or of parts of the papers as may be called for by the writ.

(d) The return must concisely set forth other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(e) The issuance of the writ does not stay proceedings on the decision appealed from.

(f) Appeal in the district court shall be limited to a hearing under the substantial evidence rule. The court may reverse or affirm, in whole or in part, or may modify the decision brought up for review.

(g) Costs may not be allowed against the municipality.

(h) If the decision of the municipality is affirmed or not substantially reversed, but only modified, the district court shall allow to the municipality all attorney’s fees and other costs and expenses incurred by it and shall enter a judgment for those items, which may be entered against the property owners, lien holders, or mortgagees as well as all persons subject to the proceedings before the municipality.

Section 10.4108. Assessment of Expenses and Penalties.

(a) If the Planning and Zoning Board of Adjustment has held a hearing pursuant to Section 10.4106(b) and the time allotted for the repair, removal or demolition of a building under Section 10.4106(d) or (e) has expired, the City Council may, in addition to the authority granted under V.T.C.A., Local Government Code, Section 214.001 and Section 10.4106:

Order the repair of the building at the city’s expense and assess the expenses on the land on which the building stands or to which it is attached; or
Assess a civil penalty against the responsible party for failure to repair, remove, or demolish the building.
The building official shall invite at least two (2) or more building contractors to make estimates pertaining to the needed repair, removal or demolition of the building. The building official shall cause to be made an assessment of expenses or civil penalty based on such estimates. The building official shall endeavor to minimize the expenses of any building repairs, removal or demolition order pursuant to this article. The City may make the necessary repairs, removal or demolition of the building and assess the expenses or civil penalty based on the cost of performing such repairs, removal or demolition.
Notice of assessment of a civil penalty is sufficient if served upon the responsible party personally or sent by registered or certified mail, return receipt requested to the last known address of such responsible party as shown on the records of the city. Failure to pay the civil penalty within sixty (60) days after the notice has been served as set out above shall give rise to a cause of action in favor of the city, which said cause of action, can be brought in a court of competent jurisdiction for collection of said civil penalty. The assessment of a civil penalty and the collection of that penalty is in addition to and not in lieu of the city’s statutory right to punish by a fine any person who does not comply with an order issued by the City Council with respect to the removal, repair, or demolition of an unsafe building or structure.

(b) The city may repair a building under subsection (a) hereof only to the extent necessary to bring the building into compliance with the minimum standards of the city and only if the building is a residential building with ten (10) or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds the minimum standards prescribed by the city.

(c) The city shall impose a lien against the land on which the building stands or stood, unless it is a homestead as protected by the Texas Constitution, to secure the payment of the repair, removal, or demolition expenses or the civil penalty. Promptly after the imposition of the lien, the city shall file for record in recordable form in the office of the Carson County Clerk, a written notice of the imposition of the lien. The notice shall contain a legal description of the land.

(d) Except as provided by Section 10.4106 as set forth above, the city’s lien to secure the payment of a civil penalty or the costs of repairs, removal, or demolition is inferior to any previously recorded bona fide mortgage lien attached to the real property to which the city’s lien attaches if the mortgage lien was filed for record in the office of the Carson County Clerk before the date the civil penalty is assessed or the repair, removal or demolition is begun by the city. The city’s lien is superior to all other previously recorded judgment liens.

(e) Any civil penalty or other assessment imposed under this section accrues interest at the rate of ten percent (10%) per year from the date of the assessment until paid in full.

(f) In any judicial proceeding regarding the enforcement of municipalities under this section, the prevailing party is entitled to recover reasonable attorney’s fees from the non-prevailing party.

(g) A lien acquired under this section by the city for repair expenses may not be foreclosed if the property on which the repairs were made is occupied as a residential homestead by a person sixty-five (65) years of age or older.

Section 10.4109. Additional Authority Regarding Substandard Building.

(a) This section applies only to a municipality that has adopted a code under Section 214.001 of the Texas Local Government Code.

(b) In addition to the authority granted to the municipality by Section 214.001 of the Texas Local Government Code, after the expiration of the time allotted under Section 214.001(d) or (e) for the repair, removal, or demolition of a building, the municipality may:

Repair the building at the expense of the municipality and assess the expenses on the land on which the building stands or to which it is attached and may provide for that assessment, the mode and manner of giving notice, and the means of recovering the repair expenses; or
Assess a civil penalty against the property owner for failure to repair, remove, or demolish the building and provide for that assessment, the mode and manner of giving notice, and the means of recovering the assessment.

(c) The municipality may repair a building under Subsection (b) of this section only to the extent necessary to bring the building into compliance with the minimum standards and only if the building is a residential building with 10 or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds minimum housing standards.

(d) The municipality shall impose a lien against the land on which the building stands or stood, unless it is a homestead as protected by the Texas Constitution, to secure the payment of the repair, removal, or demolition expenses or the civil penalty. Promptly after the imposition of the lien, the municipality must file for record, in recordable form in the office of the county clerk of Carson County, a written notice of the imposition of the lien. The notice must contain a legal description of the land.

(e) Except as provided by Section 214.001of the Texas Local Government Code, the municipality’s lien to secure the payment of a civil penalty or the costs of repairs, removal, or demolition is inferior to any previously recorded bona fide mortgage lien attached to the real property to which the municipality’s lien attaches if the mortgage lien was filed for record in the office of the county clerk of the county in which the real property is located before the date the civil penalty is assessed or the repair, removal, or demolition is begun by the municipality. The municipality’s lien is superior to all other previously recorded judgment liens.

(f) Any civil penalty or other assessment imposed under this section accrues interest at the rate of 10 percent a year from the date of the assessment until paid in full.

(g) The municipalities right to the assessment lien may not be transferred to third parties.

(h) In any judicial proceeding regarding enforcement of municipal rights under this section, the prevailing party is entitled to recover reasonable attorney’s fees from the non-prevailing party.

(i) A lien acquired under this section by a municipality for repair expenses may not be foreclosed if the property on which the repairs were made is occupied as a residential homestead by a person 65 years of age or older.

(j) The municipality by order may assess and recover a civil penalty against a property owner at the time of an administrative hearing on violations of an code, in an amount not to exceed $1,000 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 a day for each violation, if the municipality proves:

The property owner was notified of the requirements of the code and the owner’s need to comply with the requirements; and
After notification, the property owner committed an act in violation of the code or failed to take an action necessary for compliance with the code.

(k) An assessment of a civil penalty under Subsection (j) of this section is final and binding and constitutes prima facie evidence of the penalty in any suit brought by a municipality in a court of competent jurisdiction for a final judgment in accordance with the assessed penalty.

To enforce a civil penalty under this subchapter, city secretary of the City of White Deer must file with the district clerk of Carson County in which the municipality is located a certified copy of an order issued under Subsection (j) of this section stating the amount and duration of the penalty. No other proof is required for a district court to enter a final judgment on the penalty.

Section 10.4110. Requiring Repair, Removal, Or Demolition Of Building Or Other Structure.

(a) If the governing body of a municipality finds that a building, bulkhead or other method of shoreline protection, fence, shed, awning, or other structure, or part of a structure, is likely to endanger persons or property, the governing body may:

Order the owner of the structure, 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 part of the structure, within a specified time; or
Repair, remove, or demolish the structure, or the 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.

(b) The governing body shall provide by code for:

The assessment of repair, removal, or demolition expenses incurred under Subsection (a)(2);
A method of giving notice of the assessment; and
A method of recovering the expenses.

(c) The governing body may punish by a fine, confinement in jail, or both a person who does not comply with an order issued under Subsection (a)(1).

Section 10.4111. Additional Authority to Secure Substandard Buildings.

(a) The City Council through the Planning and Zoning Board of Adjustment recommendation may secure a building if the board of adjustment determines that the building:

Violates the minimum standards of this article and the city building code as adopted; and
Is unoccupied or is occupied only by persons who do not have right of possession to the building.

(b) Before the eleventh (11th) day after the building is secured, the city shall give notice to the owner by:

Personally serving the owner with written notice;
Depositing the notice in the United States Mail addressed to the owner at the owner’s post office address;
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
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.

An identification and address of the building and the property on which it is located;
A description of the violation of the city building code or the minimum standards established by this article that is present at the building;
A statement that the city will secure or has secured as the case may be, the building; and
An explanation of the owner’s entitlement to request a hearing about any matter relating to the city’s securing of the building.

(d) The board of adjustment shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the securing of the building if, within thirty (30) days after the date the building is secured, the owner files with the city secretary directed to the board of adjustment a written request for the hearing. The board of adjustment shall conduct a hearing within twenty (20) days after the date the request is filed.

(e) The board of adjustment will have the same authority to assess expenses under this section as it has under V.T.C.A., Local Government Code, Section 214.001 and Section 10.4107 above. A lien is created under this section in the same manner that a lien is created under V.T.C.A., Local Government Code, Section 214.001 et seq. 10.4107and above and is subject to the same conditions as a lien created under the provisions of the Local Government Code and this article.

(f) The authority granted by this section is in addition to that granted by V.T.C.A., Local Government Code, Section 214.001 and Section 10.4107 above.

Section 10.4112. Posting of Warnings on Unsafe Buildings.

(a) In the event the City Council makes a determination after the public hearings required herein that the building is deemed to be an unsafe building, the building official shall cause to be posted at each entrance to such building a notice to read as follows:

DANGEROUS.

DO NOT ENTER. UNSAFE TO OCCUPY

BUILDING OFFICIAL OF THE

CITY OF WHITE DEER, TEXAS

(b) Such notice shall remain posted until required repairs, demolition, or removal is completed and such premises have been rendered safe. Such notice shall not be removed without written permission of the building official, and no person shall enter the building except for making inspections or required repairs or to demolish such building.

Section 10.4113. Seizure And Sale Of Property To Recover Expenses.

(a) The City of White Deer, Texas may foreclose a lien on property under this subchapter:

In a proceeding relating to the property brought under Subchapter E, Chapter 33, Tax Code; or
In a judicial proceeding, if:

(b) A building or other structure on the property has been demolished;

(c) A lien for the cost of the demolition of the building or other structure on the property has been created and that cost has not been paid more than 180 days after the date the lien was filed; and

(d) Ad valorem taxes are delinquent on all or part of the property.

Section 10.4114. Resort to the Courts.

Nothing in this article shall be construed as abridging the right of the City of White Deer, Texas to resort to the courts of this state for the enforcement of this article, or of the rights of any owner or interested party to resort to the courts of this state in an attempt to enjoin the enforcement of this article. (Ordinance 14-96 April 24, 2006)

Ordinance 102

Abandoned or Junk Vehicles

Section 1; Definitions

(a) City Marshal- City Marshal of the City of White Deer or any duly commissioned police officer of the City of White Deer.

(b) Code Enforcement Officer- An officer assigned to enforce zoning ordinances including investigations and inspections of said properties, determine the nature of environmental or health hazards, nuisance violation and unsafe building conditions. Investigate abandonment of vehicles as they pertain to maintaining the quality of the municipality.

That is inoperative; and
That does not have lawfully affixed to it either unexpired license plate or, that is wrecked, dismantled, partially dismantled, or discarded, or remains inoperable for a continuous period of more than 30 days.

(d) “Abandoned Motor Vehicle” means a motor vehicle that is inoperable and more than eight year’s old and left unattended on public property for more than 48 hours, or a motor vehicle that as remained illegally on public property or right of way for a period of more than 48 hours, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than 48 hours, or motor vehicle left unattended on the right-of-way of a designated county, state, or federal highway within this state for more than 48 hours.

(e) “Motor Vehicle” means a motor vehicle subject to registration under the Certificate of Title act.

(f) “Antique Vehicle” A passenger car or truck that is at least twenty-five (25) years old.

(g) Motor vehicle collector. A person who:

Owns one or more antique or special interest vehicles; and
Acquires, collects or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest.

Section 2

Authority to take possession of abandoned motor vehicles:

(a) A police department or an agent of the police dept. or may take into custody an abandoned motor vehicle found on public or private property.

(b) A police department may employ its own personnel equipment, and facilities or hire persons, equipment, and facilities to remove, preserve, and store an abandoned motor vehicle it takes into custody.

Section 3

Notification of owner and lien holders:

(a) A police department that takes into custody an abandoned motor vehicle shall notify not later than the 10^th day after taking the motor vehicle into custody, by certified mail, the last known registered owner of the of the motor vehicle and all lien holders of record. The notice shall describe the year, make, model, and vehicle identification number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lien holders of their right to reclaim the motor vehicle not later than the 20^th day after the date of the notice, on payment of all towing, preservation, and storage charges resulting from placing the vehicle in The notice shall also state that the failure of the owner or lien holders to exercise their right to reclaim the vehicle within the time provided constitutes a waiver by the owner and lien holders of all right, title, and interest the vehicle at public auction.

(b) If the identity of the last registered owner cannot be determined or the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lien holders, then notice by one publication in one newspaper in general circulation in the area where the motor vehicle was abandoned is sufficient notice under this The notice by publication may contain multiple listings of abandoned vehicles and shall be published within the time requirements prescribed for notice by certified mail, and shall have the same contents required for notice by certified mail.

(c) The consequences and effect of failure to reclaim an abandoned motor vehicle are as set forth in a valid notice given under this section.

(d) A police department or agent of a police department that takes custody of an abandoned motor vehicle is entitled to reasonable storage fees for:

1. A period of not more than 10 days beginning on the day the department takes custody and continuing through when the department mails notice as provided by this section; and
2. A period beginning on the day after the day the department mails notice and continuing through the any accrued charges are paid and the vehicle is removed.

Section 4

Auction of abandoned motor vehicles:

(a) If an abandoned motor vehicle has not been reclaimed as provided by Section 3 of this ordinance, the police department shall sell the abandoned motor vehicle at public auction. Proper notice of the public auction shall be given. The purchaser of the motor vehicle takes title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the police department, and is entitled to register the purchased vehicle and receive a ce1iificate of title. From the proceeds of the sale of an abandoned motor vehicle, the police department shall reimburse itself for the expenses of the auction, the costs of towing, preserving, and storing the vehicle that resulted from placing the abandoned motor vehicle in custody, and all notice and publication costs incurred under Section 3 of this Ordinance. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lien holder for 90 days then shall be deposited in a special fund that shall remain available for the payment of auction, towing, preserving, storage, and all notice and publication costs that result from placing other abandoned vehicles in custody, if the proceeds from a sale of another abandoned motor vehicle are insufficient to meet these expenses and costs.

Section 5

Junked Vehicles as Public Nuisance:

(a) A junked vehicle or antique that is located in a place where it is visible from a public place or public right -of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, harbors an environment attractive to rodents, snakes, or other pests, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, is detrimental to the economic welfare of the state by producing urban blight adverse to maintenance and continuing development of the municipalities in the state and is a public nuisance.

(b) The exception to Section 5 (a) is if the vehicle or vehicles are completely enclosed in a building in a lawful manner and are not visible from the street or other public or private property or are hidden from view by a fence and are not visible from the street or other public or private property.

Section 6

City procedure for abating nuisance

(a) Whenever any such junked vehicle is located on public property or on public right of way within the city in violation of this ordinance, the City Marshall or Code Enforcement Officer shall order the owner or occupant of the premises adjacent to the public right of way whereupon said public nuisance exists, to abate and remove the same.

(b) At the time a junked vehicle is located by the City Marshall or Code Enforcement Officer on either occupied or unoccupied private or public property or public right of way, in addition to any other notices required herein, a visible notice should be securely affixed to such vehicle, Such notice shall:

1. State the nature of the public nuisance on private property; that it must be removed and abated not later than the tenth (I 0^th) day after the date on which the notice was mailed; that a request for a hearing must be made before expiration of the ten-day period.
2. After the (10) day notice and said vehicle in question is not removed, a certified letter shall be sent to the registered owner stating that the vehicle will be towed 5 days after the receipt of the letter. The letter must be mailed to the last known owner and any lien holder of record. If the notice is returned undelivered by United States Post Office, the action to abate the nuisance shall continue to a date not less than 10 days after the date of the return.
3. The owner or occupant of any premises on which a junked vehicle is located may within ten (10) days request a hearing before the Municipal Judge to determine whether or not the motor vehicle is a public nuisance. The hearing shall be without requirement of bond and may be made in writing or in person.

(c) The judge of the municipal court shall hear any case brought before such court as set out herein, and shall determine by a preponderance of the evidence whether or not the motor vehicle is a junked motor vehicle and in violation of this subsection. At the hearing, the motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable. Upon finding that such motor vehicle is in violation of this subsection, the judge of such court shall order such defendant to remove and abate such nuisance within (10) days. If the defendant shall fail and refuse, within such nuisance (10) days, to abate or remove the nuisance, the judge of the municipal court may issue an order directing the City Marshall or Code Enforcement Officer to have the same removed, and the City Marshall or Code Enforcement Officer shall take possession of such junked motor vehicle and remove it from the premises. Such order shall include a description of the vehicle, and the current identification number and license number of the vehicle, if available at the site. Notice of any hearing set under this subsection shall be delivered by the City Marshal.

(d) A person authorized to administer the procedures authorized by this Ordinance may enter private property for the purpose specified in the procedures to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle, and remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance. An appropriate court in the City of White Deer, county of Carson that enacts procedures under this ordinance may issue orders necessary to enforce the procedures.

Section 7

Abatement under Court Order

(a) If there is a junked motor vehicle, as herein defined, on premises that are Occupied or Unoccupied, and

1. Neither the owner nor the occupant of the premises can be found and notified to remove same, or
2. If the notice to the last known registered owner of the junked motor vehicle is returned undelivered, and no public hearing has been requested by any of the other notified parties, then notice to the owner of the date, time and place of the hearing and a description of the junked vehicle and its location shall be given by one (1) publication in one (1) newspaper of general circulation within the corporate limits of the city with the date of the publication not less than ten (10) days before the date of such hearing. The hearing shall be held not earlier than the 11th day after the date of service of the notice. At the hearing, the junked vehicle is presumed, unless otherwise demonstrated by the owner, to be inoperable. Upon finding that such motor vehicle is in violation of this subsection, the judge of such court may issue an order directing the City Marshall or Code Enforcement Officer to have the same removed, and the City Marshall or Code Enforcement Officer shall take possession of such junked motor vehicle and remove it from the premises. Such order shall include a description of the vehicle, and the current identification number and license number of the vehicle, if available at the site.

Section 8

Disposition of Impounded Junked Vehicles

(a) The City Marshal shall dispose of all impounded junked vehicles in such a manner as the city council may designate, consistent with the state law provided such vehicle cannot be reconstructed or made operable. Disposal may be by removal or sale, with or without competitive bidding, to scrap yard or demolisher.

Section 9 Penalty

(a) Any Person who shall violate the terms and provisions stated herein shall, upon conviction thereof, be punished by the fine of not less than ($ 100.00) dollars and not to exceed the maximum fine established by State law.

Section 10

Repeal of inconsistent Ordinances

(a) All existing Ordinances of the City of White Deer are hereby repealed insofar as they may be inconsistent with the provisions of this Ordinance.