Sherman, TX Property Maintenance: Property Blight (2026)
Key Facts
- Code section
- Sherman Code of Ordinances § 3.06.002 and article 3.06
- Decision maker
- Municipal court of record issues the order to abate
- Cure period
- Thirty (30) days after certified mail notice before a hearing
- Criminal penalty
- Class C misdemeanor, $500.00 per day per violation
- Civil penalty
- Not to exceed $1,000.00 per day per violation
- City abatement
- Expenses become a privileged lien on the property
- Appeal
- Judicial review under Texas Local Government Code section 214.0012
Summary
In the City of Sherman, Texas, Sherman Code of Ordinances § 3.06.002 makes it unlawful for an owner or person in control to let a building fall below the minimum standards. A nonconforming building is a public nuisance, subject to abatement by repair, demolition or removal under an order from the municipal court of record. Violations are class C misdemeanors at $500.00 per day, with civil penalties up to $1,000.00 a day.
(a) It shall be unlawful for any owner or other person in control of a building to allow that building to be in a condition that does not conform to the minimum standards. (b) Any building that does not conform to the minimum standards is hereby declared to be a public nuisance and shall be subject to abatement by repair, demolition, or removal as necessary upon the issuance of an order to abate issued by the municipal court of record in accordance with the procedures specified in this article.
Full Breakdown
Article 3.06, Substandard Structures, is Sherman's blight and dangerous-building ordinance. Section 3.06.001 defines building broadly to include any fence, awning, canopy, sign, shed, garage, house, tent or trailer. It also declares any unoccupied, unsecured structure a danger to public health and safety and a public nuisance.
Section 3.06.003 lists the minimum standards, and they apply regardless of the date of construction. A building fails if it is dilapidated or unfit for habitation, a fire hazard, infested by insects or rodents, an attractive nuisance to children, built or kept in violation of the building, electrical, plumbing, fire or property maintenance codes, or left on a site after construction or demolition is abandoned. It also fails if it is a blighting influence or an eyesore that deprives neighbors of the use and enjoyment of their premises, or if boarding up is inadequate to prevent unauthorized entry.
The procedure starts when the official the city manager designates inspects a building with probable cause. If the owner refuses entry, the city applies for an administrative search warrant under Texas Code of Criminal Procedure section 18.05. The owner of record receives certified mail notice, and if the violations are not cured after thirty (30) days the official can bring the case to a hearing before the municipal court of record. Notice of that hearing is mailed, posted and published on or before the tenth (10th) day before the hearing, and the owner, lienholder or mortgagee carries the burden of proving the scope and time of any work. The court can order the building secured, repaired, removed or demolished.
An owner who misses the deadline and files no appeal faces city abatement at the owner's expense, secured by a privileged lien filed with the county clerk, subordinate only to tax liens and not reaching a protected homestead. Section 3.06.007 separately lets the inspecting official secure an unsecured building, with notice before the eleventh (11th) day after securing. Section 3.06.010 lets the city seek a receiver for residential property under Texas Local Government Code section 214.003.
Violations & Fines
Under § 3.06.006, a person who violates article 3.06, or fails to follow a municipal court of record order, commits a class C misdemeanor. Each day or portion of a day is a separate offense, punishable by a fine of $500.00 per day per violation, with no culpable mental state required. The city can also sue for a civil penalty not to exceed $1,000.00 for each day, and the council can assess it by resolution after notice.
Frequently Asked Questions
What makes a building substandard in the City of Sherman, Texas?
Who decides whether a building must be demolished or repaired?
How much notice does an owner get?
Can the city tear a building down and bill the owner?
Sources & Official References
Other rules in Sherman
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