The city adopts the provisions of chapter 54 of the Local Government Code of the state and subchapter C thereof, and amendments thereto if any, which is entitled “Quasi-Judicial Enforcement of Health and Safety Ordinances of Home-Rule Municipality,” and does declare the implementation of that chapter, except that, pursuant to section 54.043, the city designates the city council to be the hearing body before which alleged violations of ordinances are heard rather than a building and standards commission.
(Ordinance 2005-09-12-006, sec. 3-50, adopted 9/12/05)
Pursuant to the authority vested in the city under chapter 54, subchapter C, of the Local Government Code, the city hereby designates the city council to perform the functions that are given to a buildings and standards commission under chapter 54, subchapter C, of the Local Government Code.
(Ordinance 2005-09-12-006, sec. 3-51, adopted 9/12/05)
The city council shall have all powers, duties and responsibilities authorized by state law, it being the intent of the city to fully implement subchapter C of chapter 54 of the Local Government Code, including specifically the authority to hear and determine cases concerning alleged violation of city ordinances:
(1) 
For the preservation of public safety, relating to the materials or methods used to construct a building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits;
(2) 
Relating to the fire safety of a building or improvement, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design, or width of entrances or exits;
(3) 
Relating to dangerously damaged or deteriorated buildings or improvements; or
(4) 
Relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents.
(Ordinance 2005-09-12-006, sec. 3-52, adopted 9/12/05)
(a) 
Conduct of hearings.
The city council shall adopt any additional rules and procedures deemed necessary in accordance with this article governing the conduct of hearings before the council, providing ample opportunity for the presentation of evidence and testimony by respondents or persons opposing charges brought by the city, acting through the building official, relating to the violation of city ordinances.
(b) 
Action by council.
If the city council finds after a hearing that a violation has occurred, the city council may:
(1) 
Order the repair, within a fixed period, of buildings found to be in violation of an ordinance;
(2) 
Declare a building substandard in accordance with the powers granted by the Local Government Code;
(3) 
Order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure the removal of persons or property if it is determined that conditions exist on the property that constitute a violation of an ordinance, and order action to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist;
(4) 
Issue orders or directives to any peace officer of the state, including a sheriff or constable or the police chief, to enforce and carry out the lawful orders or directives of the city council; and
(5) 
Determine the amount and duration of a civil penalty the city may recover in an amount permitted by state law.
(c) 
Procedures for removal of substandard structures.
(1) 
In cases involving the condemnation or removal of substandard structures, the city council shall conduct a hearing prior to ordering the removal of a structure. The city council shall hold an initial hearing not less than forty-five (45) days after the building official notifies the required parties that a building is condemned as a substandard structure and posts a notice to that effect on the structure.
(2) 
At the initial hearing, if removal of the substandard structure is contested by any party of record with an interest in the property, the city council shall, if it finds that the structure should be condemned, order the property owner to appear at a future date, not less than forty-five days from the date of the first hearing, and show cause why the city council shall not order the removal of the substandard structure.
(3) 
If the property owner(s) or any other person interested in the property fails to appear at the initial hearing to contest the condemnation of the structure, the finding of the city council shall be final. Provided further that, in cases involving an immediate significant threat to the public health, safety, and welfare, the city council may shorten the time period prior to either hearing when requested by the building official, provided that the requirements for notice under state law are met.
(d) 
Majority vote required.
The concurring vote of a majority of the city council is necessary to take any action under chapter 54, subchapter C, of the Local Government Code.
(Ordinance 2005-09-12-006, sec. 3-53, adopted 9/12/05)
(a) 
The building official shall give notice of all proceedings before the city council by certified mail, return receipt requested, or by personal delivery, to the record owners of the affected property, and to each holder of a recorded lien against the property, as shown by the county clerk’s records. The building official shall give notice to all unknown owners by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practical.
(b) 
The building official shall mail and post each required notice at least ten (10) days prior to the date of the scheduled hearing before the city council. The building official shall also cause to be published on one occasion, at least ten (10) days prior to the hearing, notice of the hearing in a newspaper of general circulation in the city.
(c) 
Notice required to be mailed, posted, or published under this section shall state the date, time, and place of the hearing. In addition, each notice shall contain:
(1) 
The name of the owner(s), occupant(s), and other persons interested in the building;
(2) 
The street address or legal description of the premises;
(3) 
A general description of the improvements;
(4) 
A list of defects on the property; and
(5) 
A brief statement of the action to be considered by the city council.
(Ordinance 2005-09-12-006, sec. 3-54, adopted 9/12/05)
In each case, the city council shall mail by certified mail, return receipt requested, to all parties entitled to notice of the original hearing, a copy of the final decision of the city council. All persons aggrieved by a decision of the city council may present a petition to the district court in the county, duly verified, setting forth that the decision is illegal, in whole or part, and specifying the grounds of the illegality. A petition of review must be presented to a district court within thirty (30) calendar days of the date copies of the final decision are sent to interested parties. If no appeals are taken from a decision of the city council within the required period, the decision of the city council is, in all things, final and binding.
(Ordinance 2005-09-12-006, sec. 3-55, adopted 9/12/05)