§ 17-190. Order to repair, vacate, remove or demolish.

The following standards shall be followed by the building official or by the health and building standards commission regarding any order to repair, vacate, remove or demolish substandard or dangerous buildings or structures:

(a)

When, in the opinion of the building official;

(1)

There is imminent danger of failure or collapse of a building or structure which endangers life;

(2)

When any structure or part of a structure has fallen and life is endangered by the occupation of the structure; or

(3)

When there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the building official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith.

(b)

If the building official has determined that the building or structure constitutes an immediate danger and must be vacated, the order shall require that the building or structure to be vacated before a date certain, as determined by the building official to be reasonable, but not to exceed ten (10) days.

(c)

If the building or structure is in a dangerous condition, but does not present an immediate threat to the life, limb, property or safety of the public or its occupants, the deadline to vacate may be extended to not less than sixty (60) days from the date of the order.

(d)

Any building or structure declared substandard or dangerous under this division shall be repaired or demolished in accordance with the current building code or current code applicable to the type of substandard condition(s) requiring the repair, or demolition, as follows:

(1)

If in the opinion of the building official, the repair is not feasible, the health and building standards commission may issue an order to demolish and remove such structure; or

(2)

If such structure is capable of being made safe by repairs, then the building official or the health and building standards commission may issue an order to repair and make safe and sanitary, provided that the owner agrees to the following conditions, which will also be listed in the order:

(i)

He or she exclusively assumes all risk, expense and responsibility for ensuring that all legal requirements and standards are fully and strictly satisfied within the strict time constraints of the order, regardless of whether such standards are required under Denton's Code or any other law.

(ii)

Neither the city, nor its staff, assume any responsibility for identifying these standards, nor for guiding the owner towards a timely, successful or feasible repair.

(iii)

Neither the city, nor its staff, warrant, assure, represent or recommend that timely, compliant, affordable, complete, or satisfactory repairs are feasible, or even possible, whether under ideal circumstances or in the face of hidden, unforeseen or unforeseeable circumstances.

(3)

Any building permit for repairs is strictly conditioned:

(i)

Upon the limitations set forth in the order;

(ii)

Upon application of Denton's current code standards to any repair;

(iii)

Upon the owner's expressed assumption of his or her exclusive responsibility for strict, timely and complete compliance with these restrictions; and

(iv)

Upon the owner's understanding and acceptance that the order could be strictly applied to authorize demolition of the structure if repairs are not timely and completely completed: regardless of any cause, condition or circumstance, even if unforeseen or unforeseeable; regardless of any other statement or representation made by the city, or its staff; regardless of time, money or effort already invested into the repairs upon expiration of the time allocated for repairs; and regardless of the amount of progress made toward completion upon expiration of the time allocated for repairs under the order.

(4)

If an order has been issued to allow repairs, the owner still retains the option to demolish or remove the structure for which the order has been issued.

(5)

Upon any structure deemed substandard and/or dangerous by the building official, the building official shall cause to be posted at each entrance to such structure, a placard including, but not limited to, the following language:

"Do Not Enter, Unsafe to Occupy. It shall be unlawful for any person to enter such structure except for persons authorized by the owner to enter for the purpose of securing the structure, making the required repairs therein under permit and under inspection by inspectors of the City of Denton. This notice shall remain on this building until it is repaired or demolished."

It shall be unlawful for any person to enter any structure marked by such a placard, except for persons authorized by the owner to enter for the purpose of securing the structure or making the required repairs therein under permit, and inspectors of the City of Denton. Such placard shall remain on the structure until it is repaired or demolished, or until removed by the building official.

(Ord. No. 2010-132, § 1, 5-11-10)