Brookshire adopts ordinance to streamline enforcement on substandard buildings

The Brookshire City Council on April 16 approved Order/Ordinance No. 2674816, repealing and replacing the city's dangerous-buildings article to establish procedures for unsafe or substandard buildings consistent with Chapter 214 of the Texas Local Government Code. The vote was taken by voice and the motion passed.

The council's action followed a presentation from Natalie Dame, a senior attorney with the Denton Navarro law firm serving as special counsel. Dame told the council the streamlined approach merges the administrative process with a quasi-judicial proceeding under state law so the city can build a record in the event of a legal challenge. "The point in all code enforcement is compliance," Dame said, describing the typical sequence of notices, staff investigation and, when needed, escalation to civil enforcement. She added that orders would be published and that the appeal period to district court is 30 days once an order is final.

Dame explained possible remedies the city may order after a hearing: securing a building, ordering repairs where the structure is repairable, or — in the most egregious cases where roofs or walls have collapsed — ordering demolition. She told council members the revised process is intended to reduce the overall timetable for enforcement actions; council members noted the older procedure often took six to eight months and asked whether the streamlined process could be shorter. Dame and the mayor estimated the more focused, record-driven process could shorten review to roughly 90 days in many cases, and Dame offered to attend initial hearings as special counsel to help develop the record.

Why it matters: The ordinance gives Brookshire additional enforcement tools while emphasizing the need for a robust administrative record to withstand legal challenges. Council members emphasized due process and the city's statutory limits while also noting the benefits of quicker resolution of blight and safety hazards.

What happens next: The ordinance was approved and will replace the existing dangerous-buildings article in Chapter 10 of the code of ordinances. The city will implement procedures described in the ordinance and will coordinate hearings and notifications as required by Chapter 214 and related statutes.