§ 6-158. Dangerous buildings or structures cases.

(a)

Authority.

(1)

The building standards board is hereby authorized to hear and decide cases relating to dangerous buildings or structures.

(2)

Any panel of the BSB may hear and decide a dangerous buildings or structures case.

(3)

A majority of the members of the panel must hear a dangerous buildings or structures case.

(b)

Historic structures.

(1)

Concurrent with preparation of a dangerous building or structure case for referral to the BSB, and before a hearing, the development services director or designee shall advise in writing the city's historic preservation officer of the location of the subject building or structure and the nature of the violation. Such advisement shall commence the timeframe for status determination, in lieu of an application for demolition. Within thirty (30) days of receipt of the information, the city historic preservation officer shall advise the BSB in writing whether or not the building or structure is a landmark or is in an historic district, and if neither a landmark nor in an historic district, whether or not the building or structure has historical, cultural, architectural, or archaeological significance (structure having significance).

(2)

If the building or structure is a landmark, in an historic district, listed or eligible for listing in the National Register of Historical Places, or possesses historical, cultural, architectural, or archaeological significance, BSB shall ensure that an order, finding, or other action taken complies with the requirements set out in the Uniform Development Code § 35-617. Provided, however, within sixty (60) days from the date of receipt of the information from the development services director or designee, the historic preservation officer must have obtained the historic and design review commission concurrence that a building r structure having significance should be designated a landmark. Further, the structure having significance must be so designated by city council one hundred eighty (180) days after the date of receipt of the information from the development services director or designee. If any one of the deadlines set out above is not met, the BSB may presume the building or structure does not have historical, cultural, architectural or archaeological significance.

(3)

In instances in which a dangerous building or structure is designated a historic landmark or located within an historic district and has not received a recommendation of demolition from the historic design and review commission, the case shall be heard by the full membership of the BSB. All quorum requirements shall be met.

(c)

The BSB shall act as authorized under all applicable statutes and laws.

(d)

BSB duties shall include review of the procedures for each case brought before the board to confirm notice requirements have been satisfied; conduct a public hearing as required by this article to determine whether a building is a public nuisance, and issue abatement orders. In hearing cases pertaining to distressed buildings and structures, the BSB shall regard potential for curing title and to advise, when appropriate, property owners of programs which may be available to assist in preserving buildings as affordable housing.

(e)

In addition to the city's authority under the V.T.C.A., Local Government Code § 214.001(m)(n) to perform public nuisance abatement of dangerous buildings or structures and secure its costs with a lien, whenever remediation is not accomplished within the allotted time, the city shall further exercise its authority, under V.T.C.A., Local Government Code § 214.0015, additional authority, to allow the BSB to elect to have the city perform limited repairs, as described below. Assessment for repairs, notice, and recovery of the assessment shall be performed by the city in the same manner as required for the fixing, filing, and foreclosure of liens arising from city services rendered to remediate other premises violations.

(f)

A building may be repaired by the city under this section, only to the extent necessary to bring the building into compliance with minimum standards, and only if the building is a non-homestead residential building with ten (10) or fewer dwelling units.

(g)

The lien, however, may be imposed against any non-homestead real property to secure payment of qualified repair, removal, or demolition expenses.

(Ord. No. 2008-10-02-0869, § 1, 10-2-08; Ord. No. 2011-05-05-0354, § 3, 5-5-11; Ord. No. 2011-09-29-0788, § 1, 9-29-11; Ord. No. 2015-10-29-0921 , § 1, 10-29-15)

Editor's note

Ord. No. 2011-05-05-0354, § 3, adopted May 5, 2011 and effective January 1, 2012, changed the title of section 6-158 from "Dangerous structure determination board established; composition; public hearing authority; duties; quorum" to "Dangerous buildings or structures cases." The historical notation has been preserved for reference purposes.