ARTICLE 4.04 SUBSTANDARD BUILDINGS

The purpose of this code is to protect the health, safety, and welfare of the citizens of the city by establishing minimum standards applicable to residential and specific 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.

This code is found to be remedial and essential to the public interest, and it is intended that this code be liberally construed to effect its purpose.

Scope.

The provisions of this code shall apply to all buildings and structures or portions thereof intended or used for human habitation and occupation, unless otherwise specified, which exist on the effective date of this code or constructed thereafter.

Applicability to existing buildings and structures.

Additions, alterations, or repairs.

Additions, alterations or repairs required by this code will be done in accordance with, and meet, the requirements of the current building, plumbing, mechanical, or electrical code, as amended, whichever is applicable, unless a variance is granted as provided herein.

Relocation.

Buildings or structures moved into, or existing within, the city shall comply with the requirements of the current building, plumbing, mechanical or electrical code for new buildings and structures, as amended, whichever is applicable, unless a variance is granted as provided herein.

Applicability of other regulations.

Nothing in this code shall be construed to cancel, modify, or set aside any provision of the city's comprehensive zoning ordinance of the city's Code of Ordinances, as amended.

(Ordinance O-15-02 adopted 12/10/2002; 1997 Code, sec. 151.15)

§ 4.04.002 Enforcement.

Generally.

Authority.

The chief building official and/or code official, or his or her designee, is hereby authorized and directed to enforce all provisions of this code. For such purposes, he or she is empowered to make interpretations and rulings of this code.

Inspections.

For the purpose of ascertaining whether violations of this code exist, the chief building official, or his or her designee, is authorized to inspect:

The exterior of a structure and premises which contain no structure; and

The interior of a structure, if permission of the owner, occupant, or person in control is given. If such entry is refused, the chief building official shall have every recourse provided by law, including but not limited to an administrative search warrant or an injunction, to secure entry.

If the structure is unoccupied and open for authorized entry or use, and/or the owner, occupant, or person in control cannot be identified or located, the chief building official may enter the property to the extent allowed by law.

Abatement required. All buildings or portions thereof which are determined to be substandard as outlined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal.

Hearings.

The city council shall provide reasonable interpretations of the provisions of this code, mitigate specific provisions of this code which create practical difficulties in their enforcement and to hear cases and make determinations, as provided in this article.

Violations; penalties.

Criminal penalty.

A person who knowingly or intentionally violates a provision of this code, or who knowingly or intentionally fails to perform an act required of him or her by this code, commits a misdemeanor offense. A person commits a separate offense each day a portion of a day during which a violation is committed, permitted, or continued.

An offense under this code is punishable by a fine not to exceed $2,000.00.

Civil action.

The city may, in accordance with Texas Local Gov't Code chapter 54, subchapter B, as amended, bring a civil action against a person violating a provision of this code relating to dangerously damaged or deteriorated structures or improvements.

The civil action may include, but is not limited to, a suit to recover a civil penalty not to exceed $1,000.00 for each day or portion of a day during which the violation is committed, continued, or permitted by the owner or occupant of the property, as provided below.

The city, by order of the city council, may assess and recover a civil penalty against a property owner, if the owner fails to take the requisite action as ordered by the city council, after an administrative hearing on the matter. The civil penalty may not exceed $1,000.00 a day for each violation or, if the owner shows that the property is the owner's lawful homestead, in an amount not to exceed $10.00 a day for each violation, if the city proves:

(i)

The property owner was notified of the requirements of this code and the owner's need to comply with the requirements; and

(ii)

After notification, the property owner committed an act in violation of this code or failed to take an action necessary for compliance with this code.

A determination by the city council which involves the establishment of an amount and duration of 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.

(E)

To enforce any civil penalty under this section, the city secretary must file in the county district clerk's office a certified copy of the order of the city council establishing the amount and duration of the penalty. No other proof is required for a district court to enter final judgment on the penalty.

Other remedies.

The city shall have all other available remedies at law and in equity to enforce the provisions of this article.

Accessory building or structure.

Municipal court proceedings not affected.

Action taken by the city under this article shall not affect the ability of the city to proceed under the jurisdiction of the city's municipal court.

(Ordinance O-15-02 adopted 12/10/2002; Ordinance O-17-09 adopted 6/9/2009; 1997 Code, sec. 151.16)

§ 4.04.003 Definitions.

For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in this code or as specified in the building code, as adopted and as amended. Where a conflict exists, the building code controls. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Merriam-Webster's Dictionary, Unabridged, copyright 1998, shall be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. Whenever the words "dwelling," "dwelling unit," "premises" and "structure" are used herein, they shall be construed as though they were followed by the words "or any part thereof."

A building or structure devoted to uses incidental and accessory to the main use and can be either attached or detached, such as an attached garage, storage area, carport, detached garage, shed, or outbuilding. An accessory building may only exist in conjunction with a primary structure except as otherwise provided herein.

Appropriate authority.

That person within the governmental structure of the city who is charged with the administration of the appropriate code.

Ashes.

The residue from the burning of combustible materials.

Building.

Any structure used or intended for supporting or sheltering any use or occupancy.

Building code.

The current building code officially adopted by the city council, or other such codes officially designated by the city council for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings or structures.

Such codes shall include but not be limited to the International Building Code adopted by the city council, and as amended.

City council.

The city council of the City of Jacksboro, Texas.

Code official.

The official who is charged with the administration and enforcement of this code or duly authorized representative, including but not limited to the chief building official.

Dilapidated.

No longer adequate for the purpose or use for which it was originally intended, or as otherwise defined in this code.

Dwelling.

Any enclosed space wholly or partly used or intended to be used for human habitation, living, sleeping, cooking, and eating and shall include any outhouse or appurtenance belonging thereto. Industrialized housing and modular construction which conform to nationally accepted industry standards, as defined by HUD, and used or intended for use for living, sleeping, cooking, and eating purposes shall be classified as dwellings.

Dwelling unit.

A room or group of rooms located within a dwelling forming a single habitable unit with facilities used or intended to be used by a single family for human occupancy such as living, sleeping, cooking, and eating purposes.

Egress.

An arrangement of exit facilities to assure a safe means of exit from buildings.

Garbage.

The animal and vegetable waste resulting from the handling, preparation, cooking, serving, and non-consumption of foods.

Grade.

The natural surface of the ground, or ground surface after completion of any change in contour.

Habitable room.

A room or enclosed floor space within a dwelling used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundry room, pantry, foyer, closets, storage spaces or communicating corridors.

Heating devices.

All furnaces, unit heaters, domestic incinerators, cooking and heating stoves and ranges, and other similar devices capable of converting fuel to heat energy or of transferring heat from one ambient to another and approved by Underwriters' Laboratories, Inc., the American Gas Association or other nationally recognized testing laboratory.

Household.

One or more individuals living together in a single dwelling unit and sharing common living, sleeping, cooking, and eating facilities.

HUD.

The federal Department of Housing and Urban Development.

Let for occupancy.

To permit possession or occupancy of a dwelling, dwelling unit, building or structure by a person who shall be legal owner or not be legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

Maintenance.

Repair and other acts to prevent a decline in the condition of ground, structures, and equipment such that the condition does not fall below the standards established by this code and other applicable statutes, codes and ordinances.

Multiple dwelling.

Any dwelling containing more than two dwelling units.

Occupant.

Any person living and/or sleeping in a dwelling unit or having possession of a space within a building.

Operating condition.

Free of leaks, safe, sanitary, and in good working order, in the manner intended.

Operator.

Any person who has charge, care, custody, control, or management of a building, or part thereof, in which dwelling units are let for occupancy.

Owner.

Any person who, alone, or jointly or severally with others:

Has legal title to any premises, dwelling or dwelling unit, with or without actual possession thereof; or

Has charge, care, custody or control of any premises, dwelling or dwelling unit, as owner or agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article and the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. Where owners are siblings, relatives or family members, not individually identified on any legal document of record, after a due diligence search as provided herein, notice to one owner shall be deemed notice to all owners.

Person.

Any individual, corporation, organization, partnership, association, or any other legal entity.

Plumbing fixture.

A receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises, and demands a supply of water therefrom; or discharges used water, liquid-borne waste materials, or sewage either directly or indirectly to the drainage system of the premises; or which requires both a water supply connection and a drainage system of the premises.

Premises.

A platted lot or part thereof or unplatted lot or tract of land or plot of land, either occupied or unoccupied by a dwelling or non-dwelling structure, and includes any such building, accessory structure or other structure thereon.

Properly connected.

Connected in accordance with all applicable codes and ordinances of the city; the alteration or replacement of any connection in good working order and not constituting a hazard to life and health.

Public nuisance.

Means the following:

The physical condition or use of any premises regarded as a public nuisance at common law or as defined elsewhere in the city Code of Ordinances;

Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including but not limited to abandoned wells, shafts, basements, excavations and unsafe fences or structures;

Any premises which are manifestly capable of being a fire hazard, or are manifestly unsafe or unsecure as to endanger life, limb or property;

Any premises from which the plumbing, heating and/or facilities required by this code have been removed, or from which utilities have been disconnected, destroyed, removed, or rendered ineffective, or the required precautions against unauthorized use or entry have not been provided;

Any structure or building that is in a state of dilapidation, deterioration or decay, faulty construction, overcrowded, open, vacant or abandoned, damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and dangerous to anyone on or near the premises;

(6)

Is dangerous to the physical health or safety of an occupant or other person; or

(7)

Because of violations of section 4.04.004 of this code, the state of disrepair is such that it could reasonably cause injury, damage, or harm to a considerable portion of the community in the use and enjoyment of property, materially interfering with the proper use or comfort and enjoyment of surrounding property, taking into consideration the nature and use of the properties in the area and the character of the community in which they are situated, which condition would be substantially offensive and annoying to persons of ordinary sensibilities living in the community.

Public sewer.

A sewer operated by a public authority or public utility and available for public use.

Rat harborage.

Any conditions or place where rats can live, nest, or seek shelter.

Refuse.

A heterogeneous accumulation of worn-out, used, broken, rejected or worthless materials, including but not limited to garbage, rubbish, paper or litter and other decayable or nondecayable matter.

Rubbish.

Non-putrescible solid wastes (excluding ashes) consisting of either:

Combustible wastes such as paper, cardboard, plastic containers, yard clippings, and wood; or

Uninhabitable, dangerous or substandard structure.

Noncombustible wastes such as tin cans or glass crockery.

Safety.

The condition of being reasonably free from danger and hazards which may cause accidents or disease.

Sanitary.

Any condition of good order and cleanliness that precludes the probability of disease transmission.

Structure.

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 joined together in some definite manner.

Any dwelling, dwelling unit, building or structure which has any or all of the defects and deficiencies defined herein.

Variance.

A difference between that which is required or specified and that which is permitted.

(Ordinance O-15-02 adopted 12/10/2002; 1997 Code, sec. 151.17)

§ 4.04.004 Minimum standards; variances.

Buildings, structures or dwellings that do not meet one or more of the minimum standards set forth in the International Building Code, Mechanical Code, and Plumbing Code, and National Electrical Code, as adopted by city council and as amended, such that conditions or defects exist that endanger the life, health, property or safety of its occupants or the general public, constitute uninhabitable, dangerous and substandard buildings, structures or dwellings. Such structures or buildings may be declared as unfit for human occupation, in violation of this article and subject to the procedures set forth herein.

Structures deemed substandard.

A structure may be deemed substandard whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the city's building regulations or as specified in the building code or other applicable codes, or of any law or ordinance of the state or the city relating to the condition, location or structure of buildings, such that the structure meets the definition of dangerous buildings as defined under the adopted International Building Code.

Repair to minimum standards.

A structure deemed substandard must be repaired to the minimum standards enumerated in the current building code or other code applicable to the substandard condition, as adopted and as amended.

Accessory structures.

If the primary structure is substandard such that it requires demolition, and accessory structures are not in substandard condition, the city council may allow the accessory structures to remain in the absence of a primary use, for a fixed period of time, provided that plans to construct a primary structure are submitted and an attendant building permit application is issued within 90 days of the demolition.

Variances.

If the owner, lienholder or mortgagee requests a variance from the current code requirements, the city council may grant such a variance, if:

(i)

Evidence or information is submitted by the owner, lienholder or mortgagee generated by a certified inspector or registered structural engineer that such a variance will have no adverse impact on the integrity of the structure or facilities, to the satisfaction of the code official.

(ii)

This evidence must be presented at the public hearing and falls within the owner's burden of proof that the structure can be repaired.

(iii)

In no event shall the variance permitted be less than the minimum standard required at the time of original construction.

The city council shall make specific findings of hardship, and financial hardship, in and of itself, is not sufficient basis for granting a variance.

(Ordinance O-15-02 adopted 12/10/2002; 1997 Code, sec. 151.18)

§ 4.04.005 Permits and inspections.

Permits required.

No building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a separate permit for each building or structure has first been obtained from the code official or his or her designee in the manner and according to the applicable conditions prescribed in the current building code.

Fees.

Whenever a building permit or demolition permit is required by subsection (a) of this section, the appropriate fees shall be paid to the city as specified in the city's fee schedule for building permits.

Inspections.

All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the chief building official, code official, or his or her designee, in accordance with, and in the manner provided by, this code and the current building code.

Demolition permits.

Any structure requested or ordered to be demolished must be issued a demolition permit. Demolition permits shall be valid for a period of 90 days. The applicant may request an additional 90-day extension from the building official, which may be granted and issued, provided the property is secured against unauthorized entry and the extension is to permit the continued safe and orderly demolition of a structure and is not due to lack of diligence in the demolition on the part of the applicant.

§ 4.04.006 Notices, orders and hearing.

Failure to fully demolish a structure, including but not limited to cleaning and grading the property, within 90 days of the issuance of the demolition permit, or any extension period, shall constitute a violation of this article, and shall constitute a substandard structure and a public nuisance that may subject the structure to proceedings associated with the repair or demolition of substandard structures and to permit a lien to be placed upon the property.

(Ordinance O-15-02 adopted 12/10/2002; Ordinance O-17-09 adopted 6/9/2009; 1997 Code, sec. 151.19)

Commencement of proceedings.

Whenever the code official has inspected or caused to be inspected any structure or lot and has found and determined that such structure or lot is substandard, he or she may commence proceedings to cause repair, rehabilitation, vacation, or demolition of the structure or lot.

Notice and administrative order to abate.

The code official shall issue a notice and administrative order to abate a substandard structure or lot. The notice and administrative order shall contain:

The street address and a legal description sufficient for identification of the premises upon which the structure is located.

A statement that the code official has found the structure or lot to be substandard with a brief and concise description of the conditions found to render the structure or lot substandard under the provisions of section 4.04.004 of this code.

A statement of the action recommended to be taken, as determined by the code official, as follows:

If the code official has determined that the structure or lot must be repaired, the administrative order shall require that all required permits be secured and work physically commenced within 30 days from the date of the administrative order.

If the code official has determined that the structure or lot must be vacated, the administrative order shall require that the structure or lot must be vacated within 30 days of the date of the administrative order.

If the code official has determined that the structure or lot must be demolished, the administrative order shall require that all required permits be secured and work physically commenced within 30 days from the date of the administrative order.

A statement advising that a notice of hearing is forthcoming and a description of the hearing. The hearing shall provide the city council the means to consider or determine whether a structure or lot complies with the standards set forth herein and to consider or determine whether a structure or lot must be repaired or demolished, as recommended by the code official in the notice and administrative order.

Statements advising that if the owner or owners of record are in full agreement with a demolition order, and that if the owner or owners of record are financially unable to abate such nuisance, then the owner or owners of record may grant the city written permission to abate said nuisance, and in doing so shall grant the city a lien against the real property as described in section 4.04.009 of this code.

Notice of hearing.

The code official shall give notice of a public hearing to all known owners, lienholders, or mortgagees for the city council to consider or determine whether a structure or lot complies with this code and to consider or determine whether a structure or lot must be repaired, secured or demolished. The notice shall be mailed and posted as provided herein, and published in the official newspaper of the city on one occasion, on or before the tenth day before the date of the hearing. The notice of hearing shall contain:

The name and address of the owner of the affected property, if known;

A legal description of the property, as well as the physical address;

A description of the hearing;

The date, time, and place of the public hearing. This date shall be established not less than ten days from the date of the administrative order;

A statement advising that securing the required permits and physically commencing the required action shall be considered as intent to comply with the administrative order to abate, and that the hearing shall be temporarily postponed. Should abatement halt, or not progress at a rate determined to be reasonable by the code official, the hearing shall be re-called;

(6)

A statement that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work.

Service of notices and orders.

The notice of the administrative order to abate, the notice of hearing and any supplemental notices or orders shall be served upon the owner, lessor, lienholder, and mortgagees of record and occupant, if different than the owner of the structure or lot. Service of these notices and orders shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice by certified mail, return receipt requested, and an optional second copy by regular mail, to each such person at his or her address as it appears on the county tax rolls, or as discovered by due diligence, as defined by subsections (d)(1) through (6) of this section, and the notice shall be posted on the front door of each improvement situated on the affected property or as close to the front door as practical. The following of these procedures shall be prima facie evidence of notification. If a certified notice is returned as "refused" or "unclaimed," the validity of the notice is not affected, and the notice shall be deemed delivered. The city has satisfied the requirements of this section to make a diligent effort to determine the identity and address of an owner, a lienholder, or a mortgagee if the city searches the following records:

County real property records of the county in which the building is located;

Appraisal district records of the appraisal district in which the building is located;

Records of the secretary of state;

Assumed name records of the county in which the building is located;

City tax records; and

(6)

City utility records.

Filing of notices and orders at county.

A copy of the notice and any administrative orders, or such as may be issued pursuant to these provisions, shall be filed with Jack County deed [sic]. The notice must contain the name and address of the owner of the affected property if that information can be determined from a reasonable search of the instruments on file in the office of the county clerk, or upon a due diligence search as set forth herein, a legal description of the affected property, and a description of the proceeding. The filing of said notice and any said orders is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after the filing of said notice or any said orders, and constitutes notice of said hearing and notice of orders, on any subsequent recipient of any interest in the property who acquires such interest after the filing of said notice or filing of any said orders.

(f)

Conduct of hearing; order by council.

During an officially convened meeting, the city council shall hold a public hearing on each case and shall hear such testimony as may be presented by any department of the city, the housing inspector, or the owner, occupant, mortgagee or any other person having an interest in such building to determine whether a building complies with the standards of this code. 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 code and the time it will take to perform the work. After all testimony has been received, the public hearing shall be closed and the city council shall deliberate on the case in open session. The city council shall make written findings of fact from testimony offered as to whether the building complies with the standards of this code.

After the meeting, if a building is found in violation of standards set forth herein, the city council may order that the building be vacated, secured, repaired, removed, or demolished by the owner within a reasonable time as provided herein. The city council also may order that the occupants be relocated within a reasonable time, at the cost of the owner, lienholders or mortgagees. The city council reserves the right to determine what is a reasonable amount of time to perform the ordered work or what is a reasonable amount of time to relocate occupants.

The city council shall require the owner, lienholder, or mortgagee of the building to, within 30 days:

Secure the building from unauthorized entry or use; or

Repair, remove, or demolish the building, unless the owner, lienholder, or mortgagee establishes at the hearing that the work cannot reasonably be performed within 30 days.

If the city council allows the owner, lienholder, or mortgagee more than 90 days to repair, remove, or demolish the building, the city council shall establish specific schedules for the commencement and performance of the work and shall require the owner, lienholder, or mortgagee to secure the property in an approved manner from unauthorized entry while the work is being performed, as determined by the city council.

The city council 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:

Submits a detailed plan and time schedule for the work at the hearing; and

Establishes at the hearing that the work cannot justifiably be completed within 90 days because of the scope and complexity of the work.

If the city council 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 city council shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the code official and to the city council to demonstrate that the owner, lienholder, or mortgagee has complied with the time schedules established for commencement and performance of work. The order may require that the owner, lienholder, or mortgagee appear before the city council to demonstrate compliance with the time schedule.

(g)

Filing and publication of order after hearing.

After the meeting, the city secretary shall, within ten days after the date the order is issued:

File a copy of the order in the office of the city secretary;

Publish in a newspaper of general circulation in the city a notice containing:

The street address or legal description of the property;

The date of the hearing;

A brief statement indicating the results of the order; and

Instructions stating where a complete copy of the order may be obtained; and

§ 4.04.007 Authority to secure unoccupied, unsecured structures.

Promptly mail by certified mail, return receipt requested, and an optional second copy by regular mail, a copy of the order to the owner, any lienholder(s), and any mortgagee(s) of the building, as determined by due diligence, as defined herein.

(Ordinance O-15-02 adopted 12/10/2002; 1997 Code, sec. 151.20)

Purpose.

The owner or person in control of an unoccupied structure shall ensure that the building is in such condition that an unauthorized person cannot enter the structure through missing or unlocked doors or windows, or through other openings into the building. The city may secure unoccupied, unsecured structures, or structures occupied by persons who do not have the right of possession to the building. A lien may be filed on real property to assure the cost of securing the structure as set forth in section 4.04.009 herein.

Definitions.

An unsecured structure is hereby defined to be any structure or building which has missing or unlocked doors or windows, or other unsecured openings into the building through which unauthorized persons can enter.

An unoccupied structure is hereby defined to be any structure or building that currently has no occupant with the right of possession of the building and/or appears vacant or abandoned as evidenced by: no active utility accounts, absence of personalty, general conditions of neglect and any other substantiated evidence of vacancy or abandonment that may be presented by the code official.

Any unoccupied, unsecured structure or building is hereby declared to be a danger to public health and safety and is hereby declared to be a public nuisance.

City may secure.

The code official may secure a building that:

Violates the minimum standards of this code; and

Is an unsecured, unoccupied structure.

This authority is in addition to that regarding substandard buildings.

Notice; right to hearing.

Before the eleventh day after the date the building is secured, the code official shall give notice to the owner of record by:

Personally serving the owner with written notice;

Sending a copy of the notice certified mail, return receipt requested, and an optional copy by regular mail, at the owner's post office or physical address;

Publishing the notice at least twice within a ten-day period in the city's official newspaper if personal service cannot be obtained and the owner's post office or physical address is unknown; or

Posting the notice on or near the front door of the building if personal service cannot be obtained or the owner's post office or physical address is unknown.

The notice must contain the following:

An identification, which is not required to be a legal description, of the building and the property on which it is located;

A description of the violation of this code that is present at the building;

A statement that the city will secure or has secured, as the case may be, the building; and

An explanation of the owner's entitlement to request a hearing about any matter relating to the city's securing the building.

The city shall conduct a hearing before the city council at which the owner may testify or present witnesses or written information about any matter relating to the city's securing of the building if, within 30 days after the date the city secures the building, the owner files with the city secretary a written request for the hearing. The city shall conduct the hearing within 20 days after the date the request is filed.

§ 4.04.008 Remedies upon failure to comply with notice or order.

Method of securing.

The securing of windows, doors, or any other opening allowing access to an unsecured, unoccupied structure shall be done with such material and in such a fashion as to effectively bar entrance to the structure including but not limited to plywood, lumber, steel, replacement glass, nails, screws, and bolts. The use of cardboard, tar paper, window or door screens or any other material that will not effectively prevent entrance shall not be deemed sufficient in securing a structure.

(Ordinance O-15-02 adopted 12/10/2002; 1997 Code, sec. 151.21)

If, after the expiration of the time allotted under section 4.04.006 or 4.04.007 above, the owner fails to satisfy any requirement or mandate set forth therein, the city may:

Proceed with the hearing, in the absence of the owner if the city sent the proper notices and performed the requisite due diligence to ascertain the owners, lienholders and mortgagees of the property;

Vacate, remove, secure or demolish the building, or cause the building to be vacated, removed, secured or demolished, and/or relocate the occupants at its own expense, should the owner fail to do so within the allotted time. The expense may be assessed as a lien against the property as allowed by law;

Repair the building, or cause the building to be repaired, only to the extent necessary to bring the structure into compliance with the minimum standards and only if the building is a residential building with ten or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds the minimum standards, as defined by this code, and expenses may be assessed, as provided in section 4.04.009 below; or

§ 4.04.009 Collection of city's expenses; administrative fee; lien.

Assess a civil penalty against the property owner for failure to repair, remove, demolish, or secure the building, as provided herein.

(Ordinance O-15-02 adopted 12/10/2002; 1997 Code, sec. 151.22)

Generally.

If the city does or causes to be done any work pursuant to a city council order, including but not limited to the abatement, repair, demolition, or securing of a structure or lot, the city may proceed to secure payments for actual costs plus the administrative fee, as described in subsection (b) of this section, and as otherwise allowed by law. The code official shall keep an itemized account of any expenses incurred in abating, repairing, demolishing, or securing of a structure or lot or in abating any other condition on the property.

Administrative fee.

In addition to the actual costs incurred in abating, repairing, demolishing, or securing a structure or lot, there shall be an administrative fee assessed on each lot, tract, or parcel of property to cover the actual cost of clerical work, title searches, publications, and filing fees estimated to be 20% of the value of the property.

Payment of charges; assessment of lien.

The actual cost of abating, repairing, demolishing, or securing a structure or lot, or abating any other condition on the property, plus the attendant administrative fee, shall become due and payable upon the completion of the repairing, demolishing, or securing of the structure or other abatement procedure. The code official shall send by certified mail, return receipt requested, and an optional second copy by regular mail, an itemized billing to the owner or owners of record, describing the work done. Any money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale, to the extent allowed by law, shall be paid to the city director of finance or his or her designee, who shall credit the same to the repair and demolition fund. If, after 30 days from the billing date, payment in full has not been made, then the city may proceed to collect all monies and fees due by filing a lien upon real property. All such charges shall bear interest at the rate of 10% per annum from the date the owner of the real property receives the aforementioned notice of demand for payment of such charges. The city may bring suit in a court of competent jurisdiction to foreclose its liens and collect all monies and fees due. The written statement of such charges, or a certified copy thereof, shall be prima facie evidence of the city's claim for charges or right to foreclose the lien.

Filing of notice of lien.

The city shall file its notice of lien in the office of the county clerk. The notice shall contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the property on which the building was located, the amount of expenses incurred by the city and the balance due.

§ 4.04.010 Judicial review; continuances.

Extinguishment of lien.

The lien is extinguished if the property owner or other person having an interest in the legal title to the property reimburses the city for the expenses.

(f)

Homestead property.

Real property protected by the Texas Constitution as a homestead shall not be subject to assessment of liens resulting in expenses involved in the abatement, repair, or demolition or in securing the structure or lot as described in the process of this code.

(Ordinance O-15-02 adopted 12/10/2002; 1997 Code, sec. 151.23)

Judicial review.

Any owner, lienholder, or mortgagee of record jointly or severally aggrieved by any decision of the city council 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 illegality. The petition must be presented to the court within 30 calendar days after the date a copy of the final decision of the city council is mailed by first class mail, certified, return receipt requested, to all persons to whom notice is required to be sent, as set forth herein. The decision of the city council shall become final as to each such owner, lienholder or mortgagee upon the expiration of each such 30 calendar day period unless otherwise allowed by law.

Decision of council final if no appeal is taken.

If no appeals are taken from the decision of the city council within the required period, the decision of the city council shall, in all things, be final and binding. The city council shall not entertain a reconsideration of the final order except on motion of the city.

Continuances.

The city council, at its discretion, may continue or table a matter for consideration if the city council finds:

The owner of the property, lienholder or mortgagee has made reasonable efforts to obtain information and evidence for the hearing but requires additional time to secure said information;

The property is secured from unlawful entry; and

A delay in the proceedings will not pose a threat or danger to the general health, safety and welfare of the citizens.