The city of Midland recently tested an updated building regulations ordinance designed to enable swift boarding and securing of substandard buildings. The changes to the ordinance, which took effect at the beginning of the month, were first applied to the Vaughn building in downtown Midland.
According to the agenda for the Midland City Council's March 19 meeting, the objective of these modifications was to clarify language and introduce new strategies for addressing substandard buildings. The revised ordinance includes a provision that allows the city to secure such buildings regardless of whether they are occupied by individuals who have no right to be there, even before a public hearing takes place.
Planning & Development Officer Elizabeth Triggs said in her report, "This expedited action is critical in instances demanding immediate intervention to avert potential threats to public safety." According to Triggs, while the city can secure a building under this provision, property owners retain their right to a public hearing on this action. The City Council has the authority to affirm, reverse or modify any action taken by the city regarding building security.
As per Chapter 214 of the Local Government Code of Texas cited in the same council meeting's agenda, municipalities are authorized to enact ordinances requiring occupants to vacate and relocate from buildings deemed dilapidated, substandard or unfit for human habitation. The city can require property owners to secure, repair, remove or demolish such buildings if they pose a hazard to public health, safety and welfare. Furthermore, it can order these structures be secured against unauthorized entry by vagrants or other uninvited persons.
The Local Government Code also permits cities to enact ordinances authorizing them to secure buildings that violate minimum standards and are either unoccupied or occupied by individuals without rightful access.
City Manager Tommy Gonzalez stated that one of the most significant changes in this ordinance enables faster securing of such buildings.
According to a press release from Midland Police Department (MPD), unlawful entries into buildings like the downtown Swann building have been reported, often resulting in criminal activity. The revised ordinance is expected to help eliminate these crime hotspots by sealing off such buildings to prevent future unauthorized access by homeless individuals and students. The MPD continues its efforts to deter people from entering and residing in dangerous, dilapidated, substandard buildings across the city.
During the adoption of this ordinance by the Midland City Council, several council members emphasized the need for proactive enforcement of building safety regulations and Airbnb rules. Staff confirmed that these concerns are addressed in the new regulations.