(Ord. No. B-720, § 1(5-200), 9-9-2004)
(a)
Findings.
There exist in the city, buildings used for residential and
nonresidential purposes that are substandard in structure and maintenance.
Inadequate light and air, insufficient protection against fire, lack
of proper heating, and unsanitary conditions constitute a menace to
the health, safety, and welfare of the citizens of the city. 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, areas will experience a deterioration of social values,
impairment of property values, and a curtailment of investment and
tax revenue.
(b)
Purpose.
The purpose of this article is to protect the health, safety,
morals, and welfare of the citizens of the city by establishing minimum
standards applicable to residential and nonresidential buildings.
Minimum standards are established with respect to property, building
structure, utilities, and health, which are essential to make buildings
safe, sanitary, and fit for human use and habitation. Demolition is
provided as a last resort when compliance with standards cannot reasonably
be achieved.
(c)
Scope.
The provisions of this article apply to all buildings within
the city whether in existence on the effective date of the ordinance
from which this article is derived or constructed afterward.
(Ord. No. B-720, § 1(5-201), 9-9-2004)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
And includes any building, fence, awning, canopy, sign, shed,
garage, house, tent or other structure intended for human habitation
or other occupancy and includes, but is not limited to a mobile home,
a manufactured home, or a travel trailer. The enumeration of specific
types of buildings shall not be deemed to exclude other types of buildings
to which the sense and meaning of the provisions of this article reasonably
have application.
Is the International Building Code of the International Code
Council, as adopted and amended by the city.
Is the director of code enforcement of the city or his designee.
Is the National Electrical Code of the International Conference
of Building Officials, as adopted and amended by the city.
Is the International Energy Conservation Code of the International
Code Council, as adopted and amended by the city.
Is the Uniform Fire Code promulgated by the National Fire
Prevention Association as adopted and amended by the city.
Is the International Fuel Gas Code of the International Code
Council as adopted and amended by the city.
Is the city's director of code enforcement, building official
and fire marshal, or their respective designees.
A structure, constructed on or after June 15, 1976, transportable
in one or more sections, which, in the traveling mode, is eight body
feet or more in width or 40 body feet or more in length, or, when
erected on site, is 320 or more square feet, and which is built on
a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air conditioning, and electrical
systems.
Is the International Mechanical Code as published by the
International Code Council, as adopted and amended by the city.
A structure that was constructed before June 15, 1976, transportable
in one or more sections, which, in the traveling mode, is eight body
feet or more in width or 40 body feet or more in length, or, when
erected on site, is 320 or more square feet, and which is built on
a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air conditioning, and electrical
systems.
Is the International Plumbing Code as published by the International
Code Council, as adopted and amended by the city.
Is the International Property Maintenance Code as published
by the International Code Council, as adopted and amended by the city.
Are the Building Code, Electric Code, Energy Code, Fire Code,
Fuel/Gas Code, Mechanical Code, Plumbing Code and Property Code.
A structure, having no foundation other than a permanent
chassis with wheels, which is 12 body feet or less in width, and is
less than 40 body feet in length, and is designed to be used as a
dwelling with or without a permanent foundation. The term "travel
trailer" includes folding, hardtop campers transported behind a motor
vehicle, truck mounted campers attached to and transported behind
a motor vehicle or pickup, recreational vehicles, campers, converted
buses, tent trailers, tents or similar devices used or temporary,
portable housing, or similar types of temporary dwellings intended
or short-term occupancy, travel, and/or recreation.
(Ord. No. B-720, § 1(5-202), 9-9-2004)
(a)
Administration.
The director is authorized to enforce the provisions of this
article. The director shall have the power to render interpretations
of this article and to adopt and enforce rules and supplemental regulations
in order to clarify the application of its provisions. Such interpretations,
rules and regulations shall be in conformity with the intent and purpose
of this article.
(b)
Inspections.
The director or members of the inspection team are authorized
to make such inspections and take such actions as may be required
to enforce the provisions of this article. When time and circumstances
permit, the inspection team will involve appropriate experts from
the city's building codes board to provide independent verification
of the inspection team's findings.
(c)
Right
of entry.
When it is necessary to make an inspection
to enforce the provisions of this article, or when the director or
his designee has a reasonable cause to believe that there exists in
a building or upon a premises a condition which is contrary to or
in violation of this article which makes the building or premises
unsafe, dangerous, or hazardous, the director or members of the inspection
team may enter the building or premises at reasonable times to inspect
or perform the duties imposed by this article; provided, that if the
building or premises is occupied that credentials be presented to
the occupant and entry requested. If the building or premises is unoccupied,
the director or his designee shall first make a reasonable effort
to locate the owner or other person having charge or control of the
building or premises and request entry. If entry is refused, the director
shall have recourse to the remedies provided by law to secure entry.
(d)
Abatement
of dangerous or substandard buildings.
All buildings
or portions of buildings which are determined after inspection by
the inspection team to be dangerous or substandard as defined by this
article, are declared to be public nuisances and shall be abated by
repair, vacation, demolition, removal, or securing in accordance with
the procedures specified in this article.
(e)
Penalties.
A person who violates a provision of this article or who fails
to perform an act required by this article commits a separate offense
each day or portion of a day during which a violation is committed,
permitted, or continued. Each separate offense under this article
is punishable by a fine of not more than $2,000.00.
(f)
Inspection
authorized.
All buildings within the scope of this article
and all construction or work for which a permit is required shall
be subject to inspection by the director or members of the inspection
team.
(Ord. No. B-720, § 1(5-203), 9-9-2004; Ord. No. CSO#112-01-2015, § 2, 1-5-2015)
(a)
For
the purpose of this chapter, any building or structure which has any
or all of the conditions or defects hereinafter described shall be
deemed to be a dangerous building or structure and a public nuisance,
provided that such conditions or defects exist to the extent that
the life, health, property or safety of the public or its occupants
are endangered, as defined by this chapter or state law:
(1)
Whenever any door, aisle, passageway, stairway or other means of
exit is not of sufficient width or size, or is not so arranged as
to provide safe and adequate means of exit in case of fire or panic.
(2)
Whenever the walking surface of any aisle, passageway, stairway or
other means of exit is so warped, worn, loose, torn or otherwise unsafe
as to not provide safe and adequate means of exit in case of fire
or panic.
(3)
Whenever the stress in any materials, member or portion thereof,
due to all dead and live loads, is more than one and one-half times
the working stress or stresses allowed in the building code for new
buildings of similar structure, purpose or location.
(4)
Whenever any portion thereof has been damaged by fire, earthquake,
wind, flood or by any other cause, to such an extent that the structural
strength or stability thereof is materially less than before such
catastrophe and is less than the minimum requirements of the building
code for buildings of similar structure, purpose or location.
(5)
Whenever any portion or member or appurtenance thereof is likely
to fail, to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
(6)
Whenever any portion of a building or structure, or any member, appurtenance
or ornamentation of the exterior thereof is not of sufficient strength
or stability, or is not so anchored, attached or fastened in place
so as to be capable of resisting a wind pressure of one-half of that
specified in the building code for buildings or structures of similar
structure, purpose or location.
(7)
Whenever any portion thereof has wrecked, warped, buckled or settled
to such an extent that walls or other structural portions have materially
less resistance to winds or earthquakes than is required in the case
of similar construction.
(8)
Whenever the building or structure, or any portion, is likely to
collapse because of:
(9)
Whenever, for any reason, the building or structure, or any portion
thereof, is unsafe for the purpose for which it is being used.
(10)
Whenever the building or structure has been so damaged by fire, wind,
earthquake or flood, or has become so dilapidated or deteriorated
that it is:
(11)
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 building
regulations of this jurisdiction, as specified in the Code, or of
any law or ordinance of this state or jurisdiction relating to the
condition, location or structure of buildings.
(12)
Whenever a building or structure, used or intended to be used for
dwelling purposes, because of inadequate maintenance, dilapidation,
decay, damage, faulty construction or arrangement, inadequate light,
air or sanitation facilities, or otherwise, is determined by the director
to be unsanitary, unfit for human occupancy or in such a condition
that is likely to cause sickness or disease.
(13)
Whenever any building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient
fire resistive construction, faulty electrical wiring, gas connections
or heating apparatus, or other cause, is determined by the director
or fire marshal to be a fire hazard.
(14)
Whenever any building or structure is in such a condition as to constitute
a public nuisance known to the common law or in equity jurisprudence.
(15)
Whenever any portion of a building or structure remains on a site
after the demolition or destruction of the building or structure or
whenever any building or structure is abandoned for a period in excess
of six months so as to constitute such building or structure or portion
thereof an attractive nuisance or hazard to the public.
(16)
Whenever any building or structure is boarded up, fenced or otherwise
secured in any manner and:
(17)
Any building or portion thereof, or the premises on which the same is located, in which there exists any condition or defect that is prohibited by, or inferior to the minimum standards provided by the codes, as amended, and adopted by the city council in chapter 10 herein, and that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof.
(Ord. No. B-720, § 1(5-204), 9-9-2004)
For purposes of this article, the minimum building standards
include the structural codes as well as the additional standards described
in (1) through (3) of this section.
(1)
Property
standards.
An owner of property shall:
a.
Provide
commercial solid waste containers (i.e. dumpsters) for any commercial
solid waste placed outside;
b.
Keep
the doors and windows of a vacant building or vacant portion of a
building securely closed to prevent unauthorized entry; and
c.
Maintain
his or her property in accordance the requirements of the International
Property Maintenance Code, as adopted by the city.
(Ord. No. B-720, § 1(5-205), 9-9-2004; Ord. No. CSO#112-01-2015, § 3, 1-5-2015)
When the property has been inspected and the director has found that the building is substandard as defined in section 10-454, the director may take any or all of the following actions, as the director determines is appropriate:
(Ord. No. B-720, § 1(5-206), 9-9-2004; Ord. No. CSO#112-01-2015, § 4, 1-5-2015)
(a)
Commencement
of proceedings.
When the director determines that a building is substandard as defined by section 10-454 above and the owner has not brought the property into compliance with this article, the director may commence proceedings in which the building codes and standards board may order the repair, vacation, removal, demolition, or securing of the building or the relocation of occupants.
(b)
Public
hearing to be held.
When it is necessary for the city to repair, vacate, remove, demolish, or secure the building or relocate occupants, a public hearing before the building codes and standards board shall be held to determine whether a building complies with the standards set out in section 10-454 above and what steps will be taken to abate the substandard building. In cases where the building codes and standards board finds that a building is likely to immediately endanger persons or property, the procedures set forth in section 10-463 below shall be followed.
(c)
Notice.
Not less than ten days prior to the date on which the hearing
is set, the director shall deliver or cause to be delivered a notice
of the public hearing directed to the record owner of the building,
and to all lienholders and mortgagees of the property. The director
shall use diligent efforts to determine the identity and address of
any owner, lienholder, or mortgagee of the building through searching
the 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;
tax records of the city; and utility records of the city. The notice
shall contain:
(1)
The name and address of the record owner;
(2)
The street address or legal description sufficient for identification
of the premises upon which the building is located;
(3)
A statement that the director has found the building to be substandard or dangerous, with a brief and concise description of the conditions found to render the building dangerous or substandard as defined by section 10-454 above;
(4)
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 this article, and the time it will take to
reasonably perform the work;
(5)
Notice of the time and place of the public hearing; and
(6)
A statement that if the building is found to be in violation of this
article, the building codes and standards board may order that the
building be vacated, secured, repaired, removed, or demolished within
a reasonable time.
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In addition to delivery of the notice, this notice shall be
posted on the building or property.
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(d)
Additional
notice of public hearing.
Prior to the public hearing, the city may file a copy of the notice mailed pursuant to subsection (c) of this section in the official public records of real property in the county in which the property is located. If such notice is not filed of record, each identified lienholder and mortgagee must be notified of any abatement order issued by the building codes and standards board at the public hearing, prior to any remedial action by the city. The filing of the notice is binding on subsequent grantees, lienholders or other transferees who acquire such interest after the filing of the notice, and constitutes notice of the hearing to any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice.
(e)
Burden
of proof.
At the public hearing, 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.
(f)
Conduct
of public hearing.
At the public hearing, the owner of
the building, and all other interested persons may make their appearance
and be heard. Any evidence may be received and considered by the building
codes and standards board. The chair of the board shall preside and
shall determine all questions of order.
(Ord. No. B-720, § 1(5-207), 9-9-2004; Ord. No. CSO#112-01-2015, § 5, 1-5-2015)
(a)
Order
of the building codes and standards board.
If the building codes and standards board, by a majority vote, finds upon examination of evidence presented by the director at the public hearing that the building is substandard as defined by section 10-454, the building codes and standards board may, order the building be repaired, vacated, removed or demolished, secured, or the occupants relocated, by the owner, lienholder, or mortgagee within a reasonable time as provided below.
(b)
Time
allowed to complete work.
(1)
The order must require the owner, lienholder, or mortgagee of the
building within 30 days to:
(2)
If the building codes and standards board allows the owner, lienholder
or mortgagee more than 30 days to repair, remove, or demolish the
building, the building codes and standards 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 building codes and standards board.
(3)
The building codes and standards 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:
(4)
If the building codes and standards 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 building codes and
standards board shall require the owner, lienholder, or mortgagee
to regularly submit progress reports to the director to demonstrate
that the owner, lienholder, or mortgagee has complied with the time
schedules established for commencement and performance of the work.
If the owner, lienholder, or mortgagee owns property, including structures
or improvements on property, within the municipal boundaries that
exceeds $100,000.00 in total value, the municipality may require the
owner, lienholder, or mortgagee to post a cash or surety bond in an
amount adequate to cover the cost of repairing, removing, or demolishing
a building under this subsection. In lieu of a bond, the municipality
may require the owner, lienholder, or mortgagee to provide a letter
of credit from a financial institution or a guaranty from a third
party approved by the municipality. The bond must be posted, or the
letter of credit or third party guaranty provided, not later than
the 30th day after the date the municipality issues the order. Such
bond, letter of credit or guaranty from a third party shall be in
a form that is approved by the city attorney. The order may require
that the owner, lienholder, or mortgagee appear before the building
codes and standards board or the director to demonstrate compliance
with the time schedules.
(c)
Contents
of order.
The order of the building codes and standards
board must contain:
(1)
An identification (which is not required to be a legal description)
of the building and the property on which it is located; and
(2)
A description of the violation of minimum standards present in the
building; and
(3)
A description of the ordered actions, including a statement that
the owner may repair, if feasible, or demolish or remove at the owner's
option; and
(4)
A statement that the city will vacate, secure, remove, or demolish
the building or relocate the occupants of the building if the ordered
action is not taken within the time allowed, and charge the cost to
the property; and
(5)
If the building codes and standards board has determined that the
building will endanger persons or property and that the building is
a dwelling with ten or fewer dwelling units, a statement that the
city may repair the building and charge the costs to the property
if the ordered action is not taken within the time allowed.
(Ord. No. B-720, § 1(5-208), 9-9-2004; Ord. No. CSO#112-01-2015, § 5, 1-5-2015)
(a)
Mailing.
After the public hearing, the director shall promptly mail,
by certified mail, return receipt requested, a copy of the order to
the record owner of the building, and each identified lienholder and
mortgagee of the building. When the director mails a notice in accordance
with this section to a property owner, lienholder, or mortgagee and
the United States Postal Service returns the notice as "refused" or
"unclaimed," the validity of the notice is not affected, and the notice
is considered delivered.
(b)
Filing
with city secretary.
Within ten days after the date that
the order is issued by the building codes and standards board, the
director shall file a copy of the order in the office of the city
secretary.
(c)
Publishing.
Within ten days after the date the order is issued by the building
codes and standards board, the director shall publish in a newspaper
of general circulation within the city a notice containing:
(e)
Optional
filing with the county.
The order may be filed in the
official public records of real property in the county in which the
property is located.
(Ord. No. B-720, § 1(5-209), 9-9-2004; Ord. No. CSO#112-01-2015, § 6, 1-5-2015)
(a)
City
action due to noncompliance.
If the building is not vacated,
secured, repaired, removed, or demolished within the time specified
by the order, the city may vacate, secure, repair, remove, or demolish
the building or relocate the occupants at its own expense, provided
however:
(1)
The city may not act to remove or demolish a building until after
the building codes and standards board has found:
a.
That the defects or conditions exist to the extent that the life,
health, property or safety of the public or the occupants of the building
are endangered; and
b.
The building is infeasible of repair; or
c.
There is no reasonable probability that the building will be repaired
within a reasonable period of time if additional time is given.
(2)
The city may only repair a building to the extent necessary to correct
the conditions which render the building dangerous, and may not act
to repair a building unless:
a.
The building codes and standards board has made a determination that
the building is likely to endanger persons or property; and
b.
The building is a residential dwelling with ten or fewer dwelling units. This subsection does not limit the ability of a municipality to collect on a bond or other financial guaranty that may be required by section 10-458 (b)(4).
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In the event there are mortgagors or lienholders, the city may
only repair, remove or demolish the building after allowing the lienholder
or mortgagee an additional 30 days after the time prescribed in the
order has expired to complete the required work.
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(b)
Posting
of notice to vacate building.
If compliance with the
order applicable to an occupied building is not obtained within the
specified time, the director is authorized to require that the building
be vacated. Notice to vacate shall be mailed by certified mail, return
receipt requested, to the occupant of the building, and it shall be
posted at or upon each entrance to the building and shall be in substantially
the following form:
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SUBSTANDARD BUILDING
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DO NOT ENTER
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UNSAFE TO OCCUPY
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It is a misdemeanor to occupy this
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building or to remove or deface this notice.
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______________________________
Director of Code Enforcement
City of Burleson
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(c)
Compliance.
No person shall remain in or enter any building which has been
so posted, except that entry may be made to repair, demolish, or remove
the building in accordance with a valid permit issued by the city.
No person shall remove or deface the notice after it is posted until
the required repairs, demolition, or removal has been completed. Any
person violating this subsection shall be guilty of a misdemeanor.
(d)
Failure
to obey order.
Any person to whom an order pursuant to
this section is directed who fails, neglects, or refuses to comply
with the order shall be guilty of a misdemeanor and may be prosecuted
in municipal court in addition to any other remedies available to
the city.
(e)
Interference
prohibited.
No person shall obstruct, impede, or interfere:
(1)
With any officer, employee, contractor, or authorized representative
of the city or with any person who owns or holds any estate or interest
in the building which has been ordered repaired, vacated, demolished,
removed, or secured under the provisions of this article; or
(2)
With any person to whom the building has been lawfully sold pursuant
to the provisions of this article;
(3)
Whenever the officer, employee, contractor, or authorized representative
of the city, person having an interest or estate in the building,
or purchaser is engaged in the work of repairing, vacating and repairing,
or demolishing, removing, or securing a building pursuant to the provision
of this article, or in performing any necessary act preliminary to
or incidental to the work authorized or directed pursuant to this
article.
(f)
Permit
required; expiration.
Any work of closure, repair, removal,
or demolition by the property owner or any lienholder or mortgagee
or their agents must be performed pursuant to valid unexpired permits
issued by the city. All permits issued pursuant to an order of the
city council shall expire upon expiration of the time for compliance
set forth in the order.
(Ord. No. B-720, § 1(5-210), 9-9-2004; Ord. No. CSO#112-01-2015, § 7, 1-5-2015)
(a)
Procedure.
When any work of repair, removal, demolition, or securing is
to be performed by the city pursuant to the provisions of an order
of the building codes and standards board, the work may be accomplished
by city personnel or by private contract as determined to be necessary.
Rubble and debris shall be removed from any premises and the lot cleaned
if removal or demolition is ordered. The building or building materials
may be sold if removal or demolition is ordered, and the proceeds
shall be used to offset costs of the work.
(b)
Costs;
property owner billed.
Should the city incur expenses under subsection (a) above, the property owner will be granted 30 days in which to repay the city for the full costs incurred in the securing, repair, removal, or demolition of any building pursuant to this article. If, after 30 calendar days, the city has not been paid in full, the city will assess the expenses against and place a lien against the property on which the building is located, unless it is a homestead as protected by the Texas Constitution.
(c)
Repair
to minimum standards only.
The city may repair the building
at its own expense and assess the expenses on the land on which the
building stands or is attached to only to the extent necessary to
bring the building into compliance with minimum standards and only
if the building is a residential building with ten or fewer dwelling
units.
(Ord. No. B-720, § 1(5-211), 9-9-2004; Ord. No. CSO#112-01-2015, § 8, 1-5-2015)
(a)
Itemized
account and notice of lien.
The director shall keep an
itemized account of the expenses incurred by the city in the securing,
repair, removal, or demolition of any building pursuant to this article.
Upon completion of the work, the director shall prepare and file with
the city secretary a sworn account and notice of lien containing the
following information:
(1)
The name and address of the owner if that information can be determined
with a reasonable effort;
(2)
A legal description of the real property on which the building is
or was located;
(3)
The type of work performed; and
(4)
The amount of expenses incurred by the city in performing the work
and the balance due.
(b)
Notice
filed in county records.
City secretary shall file the
notice of lien along with a copy of the order of abatement issued
by the building codes and standards board, in the deed records of
the county in which the premises are located.
(c)
Personal
obligation of property owner.
The expenses incurred by
the city as set forth in the sworn account of the director shall be
a personal obligation of the property owner in addition to a priority
lien upon the property. The city attorney may bring an action in any
court of proper jurisdiction against the owner or property to recover
the costs incurred by the city.
(d)
Lien
shall be valid and privileged.
Upon filing of the notice
of lien in the deed records of the county in which the premises are
located, the lien shall be valid against the property so assessed.
The lien shall be privileged and subordinate only to tax liens, existing
special assessment liens, and shall be paramount to all other liens.
The lien shall continue until the assessment and all interest due
and payable thereon has been paid.
(e)
Assessment
must be paid.
No utility service, building permit, or
certificate of occupancy shall be allowed on the property until the
assessment is paid and the lien is released by the city.
(f)
Release
of lien.
After the expenses incurred by the city, as
set forth in the sworn account of the director, have been fully paid
with interest of ten percent per annum from the date the work was
performed, the director shall execute a release of lien which shall
be filed in the deed records of the county in which the premises are
located.
(Ord. No. B-720, § 1(5-212), 9-9-2004; Ord. No. CSO#112-01-2015, § 9, 1-5-2015)
(a)
Securing
of unoccupied, substandard building.
Notwithstanding
any other provisions of this article, the city may secure a building
if the director determines:
(b)
Building
that creates immediate danger.
Notwithstanding any other
provisions of this article, if the building codes and standards board
finds that a building is likely to immediately endanger persons or
property the building codes and standards board may:
(1)
Order the owner of the building, the owner's agent, or the owner
or occupant of the property on which the structure is located to repair,
remove, or demolish the structure, or the dangerous part of the structure,
within a specified time; or
(2)
Repair, remove, or demolish the structure, or the dangerous part
of the structure, at the expense of the city, on behalf of the owner
of the structure or the owner of the property on which the structure
is located, and assess the repair, removal, or demolition expenses
on the property on which the structure was located.
(c)
Notice
to the owner.
Before the 11th day after the date the building is secured pursuant to subsection (a) of this section or action is ordered pursuant to subsection (b)(1) of this section, or the building is repaired, removed, or demolished pursuant to subsection (b)(2) of this section, the director shall give notice to the owner by:
(1)
Personally serving the owner with written notice; or
(2)
Depositing the notice in the United States mail addressed to the
owner at the owner's post office address; or
(3)
Publishing the notice at least twice within a ten-day period in a
newspaper of general circulation in the county in which the property
is located, if personal service cannot be obtained and the owner's
post office address is unknown; or
(4)
Posting the notice on or near the front door of the building if personal
service cannot be obtained and the owner's post office address is
unknown.
(d)
Notice
to lienholders and mortgagees.
In addition to the above,
notice shall be deposited in the United States mail to all lienholders
and mortgagees who can be determined from a reasonable search of instruments
on file in the office of the county clerk.
(e)
Contents
of notice.
The notice must contain:
(1)
An identification, which is not required to be a legal description,
of the building and the property on which it is located;
(2)
A description of the violation of the minimum standards present in
the building;
(3)
A statement that the city will secure or has secured, as the case may be, the building, or that the city has taken or will take the action ordered pursuant to subsection (b) of this section; and
(4)
An explanation of the owner's entitlement to request a hearing about
any matter relating to the city's securing, removing, demolishing,
or repairing of the building.
(f)
Hearing.
If, within 30 days after the date the city has taken action pursuant to subsection (a) or (b) of this section, the owner files with the city a written request for a hearing, the building codes and standards board shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the city's securing, repairing, removing, or demolishing of the building. The hearing shall be conducted within 20 days after the date the request is filed.
(g)
Expenses
incurred by city.
If the city incurs expenses under this section, the expenses incurred shall be a personal obligation of the property owner in addition to a priority lien upon the property, and costs shall be recovered as provided by section 10-462 of this article.
(h)
Failure
to comply.
It is unlawful for the owner to fail to comply
with an order issued pursuant to this section.
(Ord. No. B-720, § 1(5-213), 9-9-2004; Ord. No. CSO#112-01-2015, § 10, 1-5-2015)
(a)
Civil
penalty authorized.
In addition to any other enforcement authority provided by law, the building codes and standards board may, by order, at an administrative hearing, assess a civil penalty against a property owner for failure to comply with an order issued by the building codes and standards board pursuant to section 10-458 of this article.
(b)
Showing
required.
The civil penalty may be assessed if it shown
at the administrative hearing that:
(c)
Amount
of penalty.
The civil penalty may be assessed in an amount
not to 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.
(d)
Notice
of administrative hearing.
Not less than ten days prior
to the date on which the administrative hearing is set, the property
owner shall be sent a notice of the hearing by certified mail, return
receipt requested. The notice shall contain:
(1)
A copy of the order issued by the building codes and standards board pursuant to section 10-458 of this article;
(2)
A statement that the director has determined that the property owner
committed an act in violation of that order, or failed to take an
action necessary for compliance with that order;
(3)
A statement that at the administrative hearing the building codes
and standards board may assess a civil penalty not to 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; and
(4)
Notice of the time and place of the hearing.
(e)
Copy
of order filed with district clerk.
After the civil penalty
is assessed, the city secretary shall file with the district clerk
of the county in which the property is located, a certified copy of
the order assessing the civil penalty stating the amount and duration
of the penalty.
(f)
Enforcement.
The civil penalty may be enforced by the city in a suit brought
by the city in a court of competent jurisdiction for a final judgment
in accordance with the assessed penalty. A civil penalty under this
section is final and binding and constitutes prima facie evidence
of the penalty in any suit.
(Ord. No. B-720, § 1(5-214), 9-9-2004)
Notwithstanding all other provisions of this article, nothing
herein shall be deemed a limitation on the duty of the city to summarily
order the demolition of any building or structure where it is apparent
that the immediate demolition of such building or structure is necessary
to the protection of life, property or general welfare of the people
in the city.
