(a) Whenever
the required repair, vacation or demolition is not commenced within
thirty (30) days after the effective date of any order, the building,
structure or premises shall be posted as follows:
UNSAFE BUILDING
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DO NOT OCCUPY
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It shall be punishable by law to occupy this building or remove
or deface this Notice
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(Specify the applicable ordinance and the penalty for violation
thereof)
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Building Official
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City of Brenham
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(b) Subsequent
to posting the building, the building official may cause the building
to be repaired to the extent required to render it safe, or if the
notice required demolition, to cause the building or structure to
be demolished and all debris removed from the premises. The cost of
repair or demolition shall constitute a lien on the premises as provided
in this article.
(c) Any
monies received from the sale of a building or from the demolition
thereof, over and above the cost incurred, shall be paid to the owner
of record or other persons lawfully entitled thereto.
(Ordinance O-13-012, sec. 2, adopted 5/2/13; Ordinance O-21-029 adopted 10/21/21)
The building official may approve one (1) or more extensions
of time as he may determine to be reasonable to complete the required
repair or demolition. Such requests for extensions shall be made in
writing stating the reasons therefor. If the extensions of time, in
total, exceed one hundred twenty (120) days, they must also be approved
by the building and standards commission which may act without further
public hearing.
(Ordinance O-13-012, sec. 2, adopted 5/2/13; Ordinance O-21-029 adopted 10/21/21)
In any case where the building and standards commission orders
a substandard building or structure repaired or demolished and cleared
or removed, and the owner of any such premises or building or structure
which is a substandard building fails to correct, remedy or remove
such condition, and the owner, or duly authorized representative of
the owner, shall have exhausted his rights and remedies under this
article, the commission may order such work or make such improvements
as are necessary to correct, remedy or remove such conditions, or
cause the same to be done, and pay therefor, and charge the expenses
incurred thereby to the owner of such lot or premises. Such expense
shall be assessed against the lot or real property upon which work
was done, the improvements made or the demolishing, cleaning or removal
of substandard buildings or structures accomplished. The performance
of such work by the city or the ordering of same by the building and
standards commission shall not relieve such person from prosecution
for failure to comply with the notice.
(Ordinance O-13-012, sec. 2, adopted 5/2/13; Ordinance O-21-029 adopted 10/21/21)
(a) Whenever
any work is done or improvements are made or any substandard building
or structure is repaired, demolished, cleared or removed by the city
under the provisions of this article, the building official, on behalf
of the city, shall file a statement of the expenses incurred thereby
with the county clerk. Such statement shall give the name and address
of the owner, if it can be determined with a reasonable effort, the
legal description of the affected property, the amount of such expenses,
the date or dates on which the work was done, or the expenses incurred,
and the costs of demolishing, cleaning, repairing or removing the
conditions or substandard building and structure and the amount of
expenses then due. When this statement is filed with the county clerk,
the city shall have a lien on the lot or real estate upon which the
work was done, or improvements made, or repairs made, or substandard
buildings repaired, removed or demolished and cleared to secure the
expenses thereof unless the property is homestead protected by the
Texas Constitution.
If notice is given and the opportunity to repair, remove or
demolish the building is afforded to each mortgagee and lienholder,
the lien of the city is a privileged lien, subordinate only to taxes
and all previously recorded bona fide mortgage liens attached to the
property. The city’s lien is superior to any previously recorded
judgment liens. The amount of the city’s lien shall bear interest
at the rate of ten (10) percent per annum from the date the statement
was filed with the county clerk. For any such expenditure, expense
and interest suit may be instituted against the owner or owners. The
statement of expenses for repairs or demolition made herein and filed
with the county clerk, or a certified copy thereof, shall be prima
facie proof of the amount expended for such work, improvements, repairs,
demolition, clearance or removal.
(b) In any
judicial proceeding regarding the enforcement of the city’s
rights under this section, the prevailing party is entitled to recover
reasonable attorney’s fees.
(c) A lien
acquired by the city under this article for repair expenses may not
be foreclosed if the property upon which the repairs were made is
occupied as a residential homestead by a person sixty-five (65) years
of age or older.
(Ordinance O-13-012, sec. 2, adopted 5/2/13; Ordinance O-21-029 adopted 10/21/21)
A person commits an offense punishable in accordance with section
1-5 of this code if:
(1) The
person fails or refuses to respond to the direction of an order of
the building official or building and standards commission after that
order becomes final;
(2) The
person shall obstruct or interfere with the implementation of any
action required by the final order of the building official or the
building and standards commission after that order becomes final;
or
(3) The
person willfully refuses to leave or fails to leave a building or
structure which has been ordered vacated under the provisions of this
article.
(Ordinance O-13-012, sec. 2, adopted 5/2/13; Ordinance O-21-029 adopted 10/21/21)