§ 6-175. Emergency demolitions.

(a)

Emergency arising from sudden acts or occurrences.

(1)

Where it appears to the fire chief or director of development services or their designees, that due to structural defects or conditions arising from, but not limited to, fire, accident, water damage, vandalism, or other sudden act or occurrence thereby threatening the structural integrity of a building, there is clear and imminent danger to the life, safety or property of any person unless the building is immediately demolished, either of these officials shall declare its immediate vacation and demolition. The concurrence of the director of development services shall be required prior to execution of the demolition order. Such concurrence shall include a determination that under the circumstances no other abatement procedure is reasonably available except demolition.

(2)

Notice that the structure has been determined to be a clear and imminent danger to life and safety shall be issued:

a.

By placard affixed to the property or by stake driven into the ground. It shall be unlawful for any person to remove the posted notice without written permission of the director and no unauthorized person shall enter the building for any purpose; and

b.

By notification to the city manager or designee and office of historic preservation ("OHP").

(b)

Emergency arising from long-term deterioration.

(1)

Where it appears to the fire chief or director of development services, or their designees, that structural defects or conditions arising from long-term deterioration threaten the structural integrity of a building such that there is clear and imminent danger to the life, safety or property of any person unless the building is immediately demolished, either of these officials shall declare its immediate vacation and demolition. The concurrence of the director of development services shall be required prior to the execution of the demolition order. Such concurrence shall include a determination that under the circumstances no other abatement procedure is reasonably available except demolition. Upon a determination that an emergency demolition is warranted, the following actions shall be taken:

(2)

Notice that the structure has been determined to be a clear and imminent danger to life and safety shall be issued:

a.

By placard affixed to the property or by stake driven into the ground. It shall be unlawful for any person to remove the posted notice without written permission of the director of development services and no unauthorized person shall enter the building for any purpose;

b.

Via hand-delivery to the owner(s) of record per Bexar County Appraisal District records only if the owner resides within the Bexar County jurisdictional limits;

c.

By email to the council district in which the subject structure is located; and

d.

By email to the city manager or designee and office of historic preservation.

(3)

If the subject structure is designated a historic landmark, located in a historic district, or determined by OHP to have historical, cultural, architectural, or archaeological significance, the OHP shall take the following actions no later than seventy-two (72) hours after notice is issued:

a.

Determine, in conjunction with the property owner and any relevant city officials or commissions, including but not limited to the historic and design review commission or its committees, the feasibility of securing the structure and its stabilization;

b.

Notify the San Antonio Conservation Society; and

c.

Notify the registered neighborhood association in which the subject structure is located.

(4)

Within seventy-two (72) hours of notice, a plan of action to stabilize the structure must be presented to the director of development services. Said plan of action shall be developed by a structural engineer registered in the state.

a.

If the plan is approved by the director of development services, said plan must be implemented within twenty-four (24) hours of approval.

b.

If the plan is determined infeasible by the director of development services, the required affidavits shall be executed for commencement of the emergency demolition.

(5)

If stabilization of the structure is begun within twenty-four (24) hours of approval, the structure shall be scheduled for the next available hearing before the board charged with declaring public nuisances for presentation of a scope of work with dates certain for completion of rehabilitation.

(c)

The emergency demolition shall be executed not later than ninety-six (96) hours after the last required written concurrence is made.

(d)

After execution of the emergency demolition, the officials responsible shall:

(1)

File copies of the affidavits among the official records of the dangerous premises unit property case file;

(2)

Provide notice to the owner and lienholders/mortgagees of record and OHP; and

(3)

Advise the board at its next regularly scheduled hearing.

(e)

The historical designation, location or significance of a building or structure shall not prohibit, prevent, or stay an emergency demolition of a dangerous building or structure determined to be a clear and imminent danger to the life, safety or property of any person. Demolition shall be the remedy of last resort and if the structure can be vacated and secured and feasibly repaired or the condition remedied so that the structure shall no longer be an imminent danger it shall first be ordered.

(f)

The city, as a home-rule city, adopts the foregoing emergency abatement action pursuant to V.T.C.A., Local Government Code ch. 214.002, and the powers of self-rule granted by the voters under the City Charter as authorized by the Constitution of the state.

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