The city council, by the adoption of this division, hereby provides an administrative adjudicative process for enforcement of its ordinances and codes.
(Ordinance 08-47 adopted 8/11/08)
(a) 
The building and standards commission is hereby established which shall consist of five (5) members appointed by the city council as provided in this division.
(b) 
The commission shall have authority to enforce 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 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;
(4) 
Relating to conditions caused by accumulation of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; and
(5) 
Relating to a building code or to the condition, use, or appearance of property in the city.
(c) 
Appointment.
Members of the commission shall be appointed by the city council. The commission shall be composed of five (5) members and two (2) alternate members may be appointed. Appointments shall be for terms of two years, except two of the first regular members appointed shall be for a one-year term in order to provide future staggered terms for the regular members.
(d) 
Meetings.
The commission shall hold its meetings on the call of the chairman; at the request of the city council; or on call of the official appointed by the commission to present matters to the commission. All meetings shall be duly posted public meetings.
(e) 
Quorum.
At least three commissioners (regular or alternate) shall be necessary to constitute a quorum.
(f) 
Chairman and vice-chairman.
A chairman shall be appointed by the city council and a vice-chairman shall be selected by the members of the commission. After the initial selection of chairman and vice-chairman, such selection shall be conducted following the annual appointment of new members.
(g) 
Secretary.
The commission shall appoint one of its members to be secretary to the commission. The secretary shall keep a record of the cases, activities, and actions of the commission and perform such other duties as are consistent with or may be necessary for the enforcement of this division, as required by the commission.
(h) 
Vote.
The concurring vote of a majority of those members of the commission present and voting shall be necessary for the adoption of any motion, the issuance of any order or the determination of the amount and duration of any civil penalty.
(i) 
Rules and regulations.
The commission may adopt other rules in accordance with this division and pursuant to subchapter C, chapter 54, Local Government Code necessary to establish procedures for use in hearings, providing ample opportunity for presentation of testimony and evidence regarding charges brought by the municipality or its building officials relating to alleged violations of ordinances.
(Ordinance 08-47 adopted 8/11/08)
(a) 
Jurisdiction.
The building and standards commission shall have authority to hear cases brought before it for violation of city ordinances as provided herein.
(b) 
Authority and function.
The building and standards commission may, after hearing, in the enforcement of city ordinances described in section 1.05.062 to:
(1) 
Order the repair, within a fixed period, of a building found to be in violation of the city ordinances.
(2) 
Declare a building substandard.
(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 if it is determined that conditions exist on the property that constitute a violation of a city 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 chief of police of the city, to enforce and carry out the lawful orders or directives of the commission.
(5) 
Determine the amount and duration of a civil penalty the city may recover against the owner or owner’s representative with control over the premises on proof that such party was actually notified of the provisions of the ordinance, and after receiving notice of the ordinance provisions, said party committed acts in violation of the ordinance or failed to take action necessary for compliance with the ordinance, such civil penalty not to exceed $1,000.00 a day for the violation of an ordinance, except not to exceed $5,000.00 per day for a violation of an ordinance relating to point source effluent limitations or the discharge of a pollutant, other than from a nonpoint source, into a sewer system, including a sanitary or stormwater sewer system, owned or controlled by the city, all as provided by state law.
(Ordinance 08-47 adopted 8/11/08)
The city manager shall designate an official who shall present all cases before the commission.
(Ordinance 08-47 adopted 8/11/08)
(a) 
Notice of all proceedings before the commission, as provided in this division, must be given:
(1) 
By personal delivery, or by certified mail with return receipt requested, to the record owners of the affected property as shown by the records of the county clerk of the county in which the affected property is located;
(2) 
To each holder of a recorded lien against the affected property, as shown by the records in the office of the county clerk; and
(3) 
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.
(b) 
The notice must be must be posted and either personally delivered or mailed on or before the 10th day before the hearing before the commission, and must be published in the official newspaper on one occasion on or before the tenth (10th) day fixed for the hearing.
(Ordinance 08-47 adopted 8/11/08)
The commission shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member was absent or failed to vote. The commission shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the office of the commission as public records.
(Ordinance 08-47 adopted 8/11/08)
A determination by the commission that involves the establishment of an amount and duration of a civil penalty shall be final and binding and constitute prima facie evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the city for final judgment in accordance with the established penalty.
(Ordinance 08-47 adopted 8/11/08)
The city secretary shall file with the district clerk of the county in which the municipality and property is located, a certified copy of the order of the commission establishing the amount and duration of any civil penalty. Thereafter, no other proof shall be required for a district court to enter final judgment on the penalty and a judgment lien may be issued.
(Ordinance 08-47 adopted 8/11/08)
Any owner, lienholder, or mortgagee of record jointly or severally aggrieved by any decision of the commission may present a petition to a district court, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the legality [illegality]. The petition must be presented to the court within thirty (30) calendar days after the date a copy of the final decision of the commission is mailed by first class mail, certified, return receipt requested, to all persons to whom notice is required to be sent. The commission shall mail such copy promptly after the decision becomes final. In addition, an abbreviated copy of the order shall be published one (1) time in the official newspaper of the city within ten (10) calendar days after the date of the mailing of the copy as herein provided, and a copy shall be filed in the office of the city secretary. On presentation of the petition, the court may allow a writ of certiorari pursuant to state law. If no appeals are taken from the decision of the commission within the required period, the decision of the commission shall, in all things, be final and binding.
(Ordinance 08-47 adopted 8/11/08)
Action taken by the city under this division shall not affect the ability of the city to proceed under the jurisdiction of the city’s municipal court.
(Ordinance 08-47 adopted 8/11/08)