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)