§ 6-156. Definitions.

BSB: Building standards board is constituted as prescribed by the Texas Local Government Code. Authority of the BSB is described in division 2 and division 3.

Business days: Work days excluding weekends, and city, state and federal holidays.

Code official: The director of code enforcement services or his designee who is charged with the administration and enforcement of this chapter.

Dangerous building: Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building and a hazard to the public health, safety, and welfare, provided that such conditions or defects of dilapidation, substandardness, or unfitness for human habitation, pose a threat or potential threat to life, health, property, or human safety.

(1)

Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.

(2)

Whenever the walking surface of any aisle, passageway, stairway, or other means of exit is so warped, worn, loose, torn, or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

(3)

Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (1½) 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, 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, 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 (½) 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 the building or structure, or any portion thereof, because of: (i) dilapidation, deterioration, or decay; (ii) faulty construction; (iii) the removal, movement, or instability of any portion of the ground necessary to support such building; (iv) the deterioration, decay, or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse.

(8)

Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

(9)

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 fail inside the middle one-third ( 1/3 ) of the base.

(10)

Whenever the building or structure, exclusive of the foundation, shows thirty-three (33) percent or more damage or deterioration of its supporting member or members, or fifty (50) percent damage or deterioration of its nonsupporting members, or fifty (50) percent damage or deterioration of enclosing or outside walls or coverings.

(11)

Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated or neglected as to become a harbor for vagrants or criminals.

(12)

Whenever any building or structure has been constructed, exists, or is maintained in violation of the city's minimum housing standards or technical building codes, to the extent violation poses a threat or potential threat to life, health, safety, or property.

(13)

Whenever a building or structure is used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction, arrangement, inadequate light, air, or sanitation facilities, is determined by the health director to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease.

(14)

Whenever any building or structure, 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 mechanical, structural, or social cause, is determined by the fire chief to be a fire hazard.

(15)

Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

(16)

Whenever any portion of a building or structure remains for any period of time on a site after the demolition or destruction of the building or structure, unless such structure has been approved for partial demolition by the BSB or the department of development services in its permitting process.

(17)

Whenever any building or structure, 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 by children.

(18)

Whenever any building or structure is secured by a means inadequate to prevent unauthorized entry or use in the manner described in condition subsection (17) above.

Distressed property: A property or premises on which there is located a building or structure believed, by an appropriate city official, to suffer from one or more of the conditions or defects described in this section and to be deserving of consideration by the BSB.

(Ord. No. 85915, § 2, 4-17-97; Ord. No. 96273, § 1, 8-29-02; Ord. No. 2011-05-05-0354, §§ 3, 5, 5-5-11)