There exist in the city structures used for human habitation
and nonresidential purposes that are substandard in structure and
maintenance. Furthermore, inadequate provision for light and air and
insanitary conditions constitute a menace to the health, safety, morals,
welfare and reasonable comfort of our citizens. The existence of such
conditions will create slum and blighted areas requiring large-scale
clearance, if not remedied. Furthermore, in the absence of corrective
measures, such areas will experience a deterioration of social values,
a curtailment in investment and tax revenue, and an impairment of
economic values. The establishment and maintenance of minimum structural
and environmental standards are essential to the prevention of blight
and decay and the safeguarding of public health, safety, morals and
welfare.
(1990 Code, sec. 11.901)
(a)
The purpose of this article is to protect the health, safety, morals
and welfare of our citizens by establishing minimum standards applicable
to residential and nonresidential structures. Minimum standards are
established with respect to utilities, facilities and other physical
components essential to make structures safe, sanitary and fit for
human use and habitation. Demolition of structures is provided for
as a last resort when compliance with standards cannot reasonably
be achieved.
(b)
This article is found to be remedial and essential to the public
interest, and it is intended that this article be liberally construed
to effect its purpose. All structures within the city, upon the effective
date of the ordinance from which this article derives, or constructed
thereafter, must comply with the provisions of this article.
(c)
This section implements the provisions of Texas Local Government
Code, chapter 54, subchapter C; and chapter 214, subchapter A.
(1990 Code, sec. 11.902; Ordinance
adopting Code)
As used in this article, the following words and terms shall
have the meanings hereinafter ascribed:
The portion of a structure that is partly underground and
has more than one-half (1/2) of its height measured from clear floor
to ceiling above the average finished grade of the ground adjoining
a structure.
An enclosed space containing one (1) or more bathtubs, showers,
or both, and which may also include toilets, lavatories, or fixtures
serving similar purposes.
The substandard structures rehabilitation board.
The lowermost portion of a structure partly or totally underground
having one-half (1/2) or more of its height, measured from clear floor
to ceiling, below the average finished grade of the adjoining ground.
The sanitarian of the city.
The building official or his or her designated representative.
Solid waste consisting of putrescible animal and vegetable
waste materials resulting from the handling, preparation, cooking
and consumption of food, including waste materials from markets, storage
facilities, handling and sale of produce and other food products.
A space, sixty (60) square feet or more in floor area, with
a minimum width of five feet (5'), used for cooking or preparation
of food.
A space, less than sixty (60) square feet in floor area,
used for cooking or preparation of food.
A person claiming or in whom is vested the ownership, dominion
or title of or to real property including, but not limited to, the
holder or joint holder of a fee simple, the holder or joint holder
of a life estate, the holder or joint holder of a leasehold estate
for an initial term of five (5) years or more, the buyer in a contract
for deed, or a mortgagee, receiver, executor, administrator or trustee
in control of real property, but not including the holder of a leasehold
estate or tenancy for an initial term of less than five (5) years.
Shall extend and be applied to any association, corporation,
firm, partnership, or body politic and corporate, as well as to any
individual.
Includes gas pipes, water pipes, toilets, lavatories, sinks,
laundry tubs, dishwashers, garbage disposal units, clothes-washing
machines, catch basins, washbasins, bathtubs, shower baths, sewer
pipes, sewer systems, septic tanks, drains, vents, traps, and other
fuel-burning or water-using fixtures and appliances, together with
all connections to pipes.
A lot, plot, or parcel of land, including any structures
thereon.
A person who for compensation has managing control of real
property.
A sanitary sewer operated by the city or other public authority
or public utility, and available for public use.
Nonputrescible solid waste (excluding ashes) consisting of
both combustible and noncombustible waste materials; “combustible
rubbish” includes paper, rags, cartons, wood, excelsior, furniture,
rubber, plastics, yard trimmings, leaves and similar materials; “noncombustible
rubbish” includes glass, crockery, tin cans, aluminum cans,
metal furniture and like materials which will not burn at ordinary
incinerator temperatures (sixteen hundred degrees Fahrenheit (1600°
F) to eighteen hundred degrees Fahrenheit (1800° F)).
That which is built or constructed, an edifice or building
of any kind, or any piece of work artificially built up or composed
of parts jointed together in some definite manner.
(1990 Code, sec. 11.903; Ordinance
adopting Code)
(a)
The enforcement official and city sanitarian are authorized and directed
to cooperatively administer and enforce the provisions of this article.
(b)
The enforcement official and city sanitarian may appoint inspectors,
assistants and other employees as authorized by the city council to
carry out the functions provided for in this article, and they may
assign their duties under this article to employees and subordinates.
(1990 Code, sec. 11.904; Ordinance
adopting Code)
No officer, agent or employee of the city shall render himself
or herself personally liable for any damage that may accrue to persons
or property as a result of any act required or permitted in the discharge
of his or her duties under this article. Any suit brought against
any officer, agent or employee of the city as a result of any act
required or permitted in the discharge of his or her duties under
this article shall be defended by the city attorney until the final
determination of the proceedings therein.
(1990 Code, sec. 11.919)
For the purpose of ascertaining whether violations of this article
exist, the enforcement official or city sanitarian is authorized at
a reasonable time to inspect:
(1)
The exterior of a structure and premises which contain no structure;
and
(2)
The interior of a structure if the consent of the owner, occupant
or person in control is given.
(1990 Code, sec. 11.905; Ordinance
adopting Code)
(a)
Property standards.
An owner shall:
(1)
Eliminate a hole, excavation, sharp protrusion or other object or
condition that exists on the land and is reasonably capable of causing
injury to a person;
(2)
Securely cover or close any well, cesspool or cistern;
(3)
Provide solid waste receptacles or containers;
(4)
Provide drainage to prevent standing water on the land reasonably
capable of constituting a mosquito breeding or propagation place;
(5)
Remove dead trees or tree limbs that are reasonably capable of causing
injury to a person or property; and
(6)
Keep the doors and windows of a vacant structure, or vacant portion
of a structure, securely closed to prevent unauthorized entry.
(b)
Structural standards.
An owner shall:
(1)
Provide and maintain railings for stairs, steps, balconies, porches
and elsewhere as specified in the building code of the city;
(2)
Repair holes, cracks and other defects reasonably capable of causing
injury to a person on stairs, porches, steps and balconies;
(3)
Maintain a structure intended for human occupancy, and the awnings
thereof, in a weathertight and watertight condition;
(4)
Maintain floors, walls, ceilings, signs and awnings, and all supporting
structural members, in a sound condition capable of bearing imposed
loads safely;
(5)
Provide and maintain cross-ventilation of not less than one and one-half
(1-1/2) square feet for each twenty-five (25) lineal feet of wall
in each basement, cellar or crawl space;
(6)
Repair or replace chimney flue and vent attachments that do not function
properly;
(7)
Repair holes, cracks, breaks and loose surface materials that are
health or safety hazards in or on floors, walls, signs, awnings and
ceilings; and
(8)
Provide and maintain a moisture-resistant finish or material for
the floor of each bathroom, shower room or toilet room.
(c)
Utility standards.
An owner shall:
(1)
Provide and maintain connections to discharge sewage from a structure
or land into a public sewer system where available;
(2)
Provide and maintain a toilet connected to a water source into a
public sewer where available in each structure intended for human
habitation;
(3)
Provide and maintain connections and pipes to supply potable water
at adequate pressure to a structure intended for human occupancy;
(4)
Connect plumbing fixtures and heating equipment that the owner supplies
in accordance with the plumbing code and mechanical code of the city;
(5)
Provide and maintain supply lines for electrical service to each
structure intended for human occupancy if electrical service is available;
(6)
Connect each heating and cooking device that burns solid fuel to
a chimney or flue; and
(7)
Provide and maintain electrical circuits and outlets sufficient to
safely carry a load imposed by normal use of appliances and fixtures.
(d)
Health standards.
An owner shall:
(1)
Eliminate rodents or vermin in or on the land;
(2)
Provide a structure intended for human habitation with a screen for
keeping out insects at each opening of a structure if the structure
is not cooled with refrigerated air;
(3)
Maintain the interior of a vacant structure, or vacant portion of
a structure, free from rubbish and garbage; and
(4)
Keep the interior of a vacant structure, or vacant portion of a structure,
free from insects, rodents and vermin.
(1990 Code, sec. 11.910)
An occupant shall:
(1)
Maintain the interior of a structure free from rubbish and garbage;
(2)
Keep the interior of a structure free from insects, rodents and vermin;
(3)
Remove an animal or animals from a structure if the presence of the
same is a health hazard to an occupant;
(4)
Connect plumbing fixtures and heating equipment that the occupant
supplies in accordance with the plumbing code and mechanical code
of the city;
(5)
Provide solid waste receptacles or containers; and
(1990 Code, sec. 11.911)
(a)
Whenever the enforcement official or city sanitarian determines that
there is a violation of this article, such officer shall give notice
of the violation to any owner, lienholder or mortgagee as determined
by a search of the official public records of real property in the
county. A notice must be in writing, specify the alleged violation,
and provide a reasonable time for compliance. Notice shall contain:
(1)
The name and address of the owner of the property, if such can be
ascertained from the real property records of the county;
(2)
A legal description of the property;
(3)
A description of the hearing; and
(4)
That the city will vacate, secure, remove or demolish the building
or relocate the occupants if the ordered action is not taken within
a reasonable time.
(b)
Such notice shall be sent by certified mail, return receipt requested,
or may be delivered personally to the record owners of the affected
property and each holder of a recorded lien against the affected property,
as shown by the records in the office of the county clerk of the county
in which the affected property is located if the address of the lienholder
can be ascertained from the deed of trust establishing the lien and/or
other applicable instruments on file in the office of the county clerk,
and 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 practicable.
(c)
The city must exercise due diligence to determine the identity and
address of a property owner or lienholder to whom the municipality
is required to give notice. The city exercises due diligence in determining
the identity and address of a property owner or lienholder when it
searches the following records:
(1)
County real property records of the county in which the property
is located;
(2)
Appraisal district records of the appraisal district in which the
property is located;
(3)
Records of the secretary of state, if the property owner or lienholder
is a corporation, partnership, or other business association;
(4)
Assumed name records of the county in which the property is located;
(5)
Tax records of the city; and
(6)
Utility records of the municipality.
(d)
Such notice may be filed in the real property records of the county,
as provided in Texas Local Government Code, section 214.001(e).
(e)
If the owner of the property resides outside the county, the enforcement
official or city sanitarian may give notice to the property manager.
Upon receipt of notice of a violation, a property manager shall notify
the owner of the specifics of the notice of violation within ten (10)
days and shall make every reasonable effort to have the owner correct
the violation.
(f)
If the notice is mailed and the United States Postal Service returns
the notice as “refused” or “unclaimed,” the
validity of the notice is not affected, and the notice shall be deemed
as delivered.
(g)
(1)
Any individual, association or corporation violating any portion
or provision of this article shall be deemed guilty of a misdemeanor
and, upon conviction thereof, a fine not to exceed $2,000.00 shall
be assessed. If the person has been previously convicted under this
article, an offense under this article is a misdemeanor to be punished
by a fine of not less than $100.00 and not to exceed $2,000.00.
(2)
If there is proof of the person being previously convicted twice
under this article, an offense under this article is a misdemeanor
to be punished by a fine of not less than $200.00 and not to exceed
$2,000.00.
(3)
If there is proof of the person being previously convicted three
times under this article, an offense under this article is a misdemeanor
to be punished by a fine of not less than $300.00 and not to exceed
$2,000.00.
(4)
If there is proof of the person being previously convicted four times
under this article, an offense under this article is a misdemeanor
to be punished by a fine of not less than $400.00 and not to exceed
$2,000.00.
(5)
If there is proof of the person being previously convicted five times
under this article, an offense under this article is a misdemeanor
to be punished by a fine of not less than $500.00 and not to exceed
$2,000.00.
(6)
A person who violates this article is guilty of a separate offense
for each day or part of day the violation is committed, continues,
or permitted. However, upon issuance of the first citation or filing
of the first complaint in municipal court, another citation shall
not be issued nor another complaint filed, for the same violation
continuing or permitted on a subsequent day, until the tenth calendar
day following the issuance of the first citation or filing of the
first complaint.
(1990 Code, sec. 11.909; Ordinance
adopting Code)
(a)
When it shall come to the notice of the substandard structures rehabilitation board that a building or structure in the city is substandard, said board may cite the owner of such building or structure or his or her authorized agent or representative in accordance with section 24.03.009 hereof, or any lienholder or mortgagee, to appeal and show cause why such building should not be declared to be a substandard building and why he or she should not be ordered to vacate, repair or destroy such building or structure. The date of such hearing shall not be less than ten (10) days after such citation shall have been made.
(b)
Service of notice of public hearings shall be in accordance with
sections 54.035 and 214.001 of the Local Government Code as the same
shall be amended from time to time.
(c)
On the day set in such citation for a public hearing, hearing shall
be had and on the basis of such hearing the substandard structures
rehabilitation board shall determine whether or not such building
or structure is a substandard building or structure, and then, in
that event, the board shall issue such orders as shall reasonably
appear necessary to prevent the said building or structure from being
a hazard to life or property and to eliminate the said building’s
or structure’s substandard quality; provided, however, the board,
after hearing evidence from all interested persons present, may grant
a variance in order to avoid the imposition of an unreasonable hardship.
(d)
At the public hearing, the enforcement official, city sanitarian
or other employee of the city shall present evidence of the substandard
condition of the structure and an owner, lessor, occupant or lienholder,
as well as any interested person, may present evidence or relevant
issues. The owner, lienholder or mortgagee has the burden of proof
to demonstrate the scope of any work that may be required to comply
with this article and the time it will take to reasonably perform
the work. The following standards may be followed in substance by
the board in ordering repair, vacation or demolition:
(1)
If the substandard building or structure can reasonably be repaired
so that it will no longer be in a condition which is in violation
of the terms of this article, it shall be ordered repaired.
(2)
If the substandard building or structure is in such condition as
to make it dangerous to the health, morals, safety or general welfare
of its occupants or of the public, it shall be ordered to be vacated.
(3)
In any case where a substandard building or structure is fifty percent
(50%) damaged or decayed, it shall be demolished, and in all cases
where a building cannot be repaired so that its existence will no
longer be in violation of the terms of this article, it shall be demolished.
(e)
(1)
If the board allows the owner, lienholder, or mortgagee more than
30 days to repair, remove, or demolish the building, the board shall
establish specific time schedules for the commencement and performance
of the work and shall require the owner, lienholder, or mortgagee
to secure the property in a reasonable manner from unauthorized entry
while the work is being performed, as determined by the board.
(2)
The board may not allow the owner, lienholder, or mortgagee more
than 90 days to repair, remove, or demolish the building or fully
perform all work required to comply with the order unless the owner,
lienholder, or mortgagee:
(3)
If the board allows the owner, lienholder, or mortgagee more than
90 days to complete any part of the work required to repair, remove,
or demolish the building, the board shall require the owner, lienholder,
or mortgagee to regularly submit progress reports to the board to
demonstrate that the owner, lienholder, or mortgagee has complied
with the time schedules established for commencement and performance
of the work. The order may require that the owner, lienholder, or
mortgagee appear before the board or the board’s designee to
demonstrate compliance with the time schedules.
(f)
Notice of the board’s order shall be given to the owner, lienholder,
or mortgagee as required by sections 54.035 and 214.001 of the Texas
Local Government Code, as the same shall be amended from time to time.
(1990 Code, sec. 11.912; Ordinance
adopting Code)
(a)
Appeal of orders of the substandard structures rehabilitation board
shall be in accordance with sections 54.039 and 214.0012 of the Local
Government Code, as the same may be amended from time to time.
(b)
It shall be the duty of the city attorney to defend the orders of
the substandard structures rehabilitation board until the final determination
of the proceedings therein.
(1990 Code, sec. 11.913)
(a)
The enforcement official or city sanitarian shall give notice by
certified mail, return receipt requested, sent to the last known address
of the person being notified, of a hearing to consider vacation of
a structure to an owner, lessor or occupant of a structure that is
hazardous to the health, safety and welfare of an occupant
(b)
The enforcement official or city sanitarian may place placards on
a structure warning of its hazardous condition. No person without
authority from the officer placing such placard shall remove or destroy
a placard so placed, and no person shall occupy a vacant structure
on which a placard has been so placed.
(c)
A public hearing to consider vacation of a structure shall be held
before the board at a time more than ten (10) days after receipt of
notice by an owner, lessor or occupant. The enforcement official,
city sanitarian or other employee of the city shall present evidence
of the hazardous condition of the structure and the owner, lessor
or occupant may present evidence on relevant issues.
(d)
The board shall order vacation of a structure if it finds the structure
is hazardous to the health, safety and welfare of an occupant. Notice
of the order to vacate shall be given to an owner, lessor and occupants,
and the order shall be filed in the deed records of the county.
(e)
Each occupant of a structure that has been ordered vacated shall
vacate the structure within a specified time which is determined by
the board. No person shall occupy a structure which has been ordered
vacated.
(f)
A person who is ordered to vacate a structure under the provisions
of this section shall not be considered a displaced person under the
provisions of any ordinance of the city or state law relating thereto,
and shall not be eligible for relocation assistance if:
(1990 Code, sec. 11.914; Ordinance
adopting Code)
(a)
The enforcement official or city sanitarian shall give notice by
certified mail, return receipt requested, sent to the last known address
of the owner of a structure that is open and vacant, or a portion
of which is open and vacant, notifying him or her of a hearing to
consider closure of the structure. A vacant structure or vacant portion
of a structure is open if a door or window is not securely closed
to prevent unauthorized entry and is left unguarded.
(b)
A public hearing to consider closure of a structure or portion of
a structure shall be before the board at a time more than ten (10)
days after receipt of notice by the owner. The enforcement official,
city sanitarian or other employee of the city shall present evidence
of the need to close a vacant or open structure or portion of a structure,
and the owner may present evidence on relevant issues.
(c)
The board shall order closure of a structure or portion of a structure
if it finds the structure or a portion of the structure to be open
and vacant, and potentially hazardous to the health, safety and welfare
of the public.
(d)
Notice of an order to close a structure shall be given to the owner.
The board shall give an owner a reasonable and specific period of
time to accomplish closure of the same, but if closure is not accomplished
in compliance with the order, the board may cause closure. The expense
of closure, when performed under a contract to which the city is a
party or by city forces, constitutes a lien against the property.
The city may use lawful means to collect closure costs from an owner,
except forced sale of land.
(e)
The enforcement official or city sanitarian may place a placard on
an open and vacant structure or portion of a structure warning of
its potential hazards. No person without authority from any such officer
shall remove a placard placed by such officer.
(1990 Code, sec. 11.915; Ordinance
adopting Code)
(a)
After any order of the substandard structures rehabilitation board
made pursuant to this article has become final, no person to whom
any such order is directed shall fail, neglect or refuse to obey such
order. Any such person who fails to comply with any such order is
guilty of a misdemeanor.
(b)
If, after any order of the substandard structures rehabilitation
board made pursuant to this article has become final, the person to
whom such order is directed shall fail, neglect or refuse to obey
such order, the city sanitarian may:
(c)
In addition to any other remedy herein provided, if the order of
the substandard structures rehabilitation board was for demolition
and the person whom it was directed should fail, neglect or refuse
to obey such order, the city sanitarian may cause the building to
be demolished and the lot cleaned in accordance with applicable provisions
of this article.
(1990 Code, sec. 11.916)
(a)
When any demolition or other work is to be done pursuant to section 24.03.014(c) hereof, the city sanitarian shall cause the work to be accomplished by city personnel or by a private contractor under his or her or direction.
(b)
The costs of such work shall be paid from a special projects fund
established for that purpose, and such costs shall be made a special
assessment against the property involved.
(c)
The city council shall establish a special projects fund for the
payment of abatement costs. Payments shall be made from the fund upon
the demand of the city sanitarian, with the approval of the director
of planning, to defray the costs and expenses which may be incurred
by the city in doing or causing to be done the necessary demolition
and related labors.
(d)
The city council may at any time transfer to this special projects fund, from any money in the general fund of the city, such sums as it may deem necessary to expedite the performance of the work of abatement. All proceeds received in payment from money expended from the special projects fund, as provided in section 24.03.016, shall be paid to and deposited in the general fund of the city.
(1990 Code, sec. 11.917)
(a)
The city sanitarian shall keep an itemized account of the expense incurred by the city, including administrative expenses, for demolition or removal of any structure and the cleaning of the lot where the structure was located, pursuant to the provisions of section 24.03.014(c) hereof, as amended. Upon completion of this abatement, the city sanitarian shall prepare a statement specifying the work done, the itemized and total cost of the work, including administrative expenses, a description of the real property upon which the structure was located, and the names and addresses of the persons entitled to notice under section 24.03.009 hereof, as amended.
(b)
Upon completion of this statement, it shall be sent to the mayor
for his or her signature thereon, whereupon it shall then be recorded
with the county clerk as an assessment against and a lien upon the
property.
(c)
Immediately upon recordation, the amount assessed shall be payable,
and the assessment shall be a lien against the parcel of land where
the work was performed and against any remaining improvements thereon.
The lien shall be subordinate only to tax liens and liens to secure
the cost of street improvements after they have been so made.
(d)
All such assessments remaining unpaid after thirty (30) days from
the date of recordation shall become delinquent and shall bear interest
at the rate of ten percent (10%) per annum from and after said date.
(e)
For any such expenditures and interest, as aforesaid, suit may be
instituted and foreclosure had in the name of the city; and the statement
so made, as aforesaid, or a certified copy thereof, shall be prima
facie proof of the amount expended in any such work.
(f)
All money recovered by payment of the charge or assessment, including
any interest thereon, or from the sale of the property at foreclosure
sale, shall be paid into and credited to the general fund of the city.
(1990 Code, sec. 11.918)
Except as authorized by the substandard structures rehabilitation
board, after the substandard structures rehabilitation board has ordered
the demolition of a structure pursuant to this article, no permit
for the repair or reconstruction of the structure shall be issued.
(1990 Code, sec. 11.920)
The city reserves to itself all additional remedies set forth
in Texas Local Government Code, chapter 214, subchapter A, and chapter
54, subchapter C, as amended, not expressly set forth herein.
(1990 Code, sec. 11.921)
(a)
Public nuisance lien.
Purchaser.
Sale price.
Seller.
For the purpose of this section:
Any demolition, trash, rubbish, or mowing lien(s), including
interest and fees, that the city has against the property that is
for sale.
The entity, person, or organization who purchases the property.
The selling price, not including deductions for fees and
other costs of sale.
The owner of the property, who has the property for sale.
(b)
The city will release a public nuisance lien(s) against any property
within the city limits under the following conditions:
(1)
If the sale price is less than two (2) times the amount of the lien(s)
held by the city, then one-half (1/2) of the sale price shall be remitted
to the city.
(2)
The property shall not be in arrears for any taxes and not have pending
a tax suit or tax lien against it by any taxing entity.
(3)
The seller or the seller’s agent shall provide to the city
a contract for sale with verification of the sale price of the property
and a commitment to remit proceeds to the city immediately upon sale.
(4)
Release of lien shall only occur upon receipt of payment as provided
herein.
(1990 Code, sec. 11.922)
(a)
There is hereby created the substandard structures rehabilitation
board which is composed of five (5) members to be appointed by the
city council for terms of two (2) years and two (2) alternates to
be appointed by the city council for terms of two (2) years. Members
of the board must be residents of the city.
(b)
The enforcement official and city sanitarian shall serve in an advisory
capacity as ex officio members of the board, with no voting privileges.
(1990 Code, sec. 11.906; Ordinance 21-095 adopted 11/9/21)
The board has the following powers and duties:
(1)
To require the vacation of a structure that is hazardous to the health,
safety and welfare of the occupants;
(2)
To permit the repair of a substandard structure as a alternative
to the demolition of the structure;
(3)
To require the demolition of a structure found to be substandard;
(4)
To require the removal of personalty from a structure ordered vacated
or demolished. Removal may be accomplished by use of city forces or
a private transfer company, if the owner of the personalty is not
known, or the whereabouts of the owner cannot be ascertained, or the
owner fails to remove the personalty as required. The board may cause
any personalty removed to be stored in the care and custody of a bonded
warehouse facility. Costs of removal and storage are the responsibility
of the owner of the personalty;
(5)
To require that a vacant structure or vacant portion of a structure
constituting a hazard or nuisance be securely closed and made safe;
(6)
To require or cause the correction of a hazardous condition on the
land. Correction of a hazardous condition may be accomplished by city
forces or private contractor. Costs of correction are the responsibility
of the owner;
(7)
To grant a variance when, in the opinion of the board, a literal
interpretation of this article would result in the imposition of an
unnecessary or unreasonable hardship;
(8)
To issue orders or directives to any peace officer of the state,
including sheriff or constable or the chief of police of the city,
to enforce and carry out the lawful orders of the board; and
(9)
To determine the amount and duration of the civil penalty the city
may recover, as provided by Texas Local Government Code, sections
54.037 and 214.0015.
(1990 Code, sec. 11.907)
(a)
The board may adopt rules not inconsistent with this article or law.
Meetings of the board will be held at the call of the chairman, or
in his or her absence, the vice-chairman, or an acting chairman designated
by the chairman, or as the board may determine. The chairman, vice-chairman
or acting chairman may administer oaths and compel the attendance
of witnesses.
(b)
The enforcement official or his or her designated representative
shall act as secretary to the board.
(c)
After a public hearing, the decision of the board is final and a
rehearing may not be granted except as provided for under the provisions
of this article.
(1990 Code, sec. 11.908; Ordinance
adopting Code)
