Editor's note–Ordinance 3552, sec. 1, adopted December 2, 2013, repealed secs. 3-41-3-53, which pertained to tree preservation and derived from Ordinance 2571, sec. 1, 4-2-07; Ordinance 2584, sec. 1, 7-2-07; Ordinance 3093, sec. 1, 12-1-08; Ordinance 3448, sec. 1, 1-21-13. See Chapter 11, Exhibit 1, Article 4, Section 11, Landscaping and Screening for similar provisions.
A. 
The municipal court of record has the power and duty to hold a public hearing pursuant to chapter 214.001 of the Texas Local Government Code to determine whether a structure complies with the minimum standards set out in this chapter.
B. 
The municipal court of record has the following powers and duties:
(1) 
To require the reduction in occupancy load of an overcrowded structure or the vacation of a structure found to be an urban nuisance.
(2) 
To require the repair of a structure found to be substandard.
(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. Costs of any removal and storage are the responsibility of the owner of the personalty.
(5) 
To require that an open and vacant structure or open and vacant portion of a structure be secured.
(6) 
To require or cause the correction of a dangerous condition on the land. Correction of a dangerous condition may be accomplished by city forces or a private contractor. Costs of correction are the responsibility of the owner.
(7) 
To assess a civil penalty, not to exceed $1,000.00 a day per violation or, if the property is the owner’s lawful homestead, $10.00 a day per violation, against a property owner for each day or part of a day that the owner fails to repair or demolish a structure in compliance with a court order issued under this article.
(8) 
Any additional authority as prescribed by chapter 214 subchapter A of the Texas Local Government Code.
(Ordinance 4040 adopted 11/1/21)
A. 
A petition filed with the municipal court by the city attorney initiates a civil proceeding under this article. The proceeding must be kept and organized separately from the criminal dockets of the municipal court.
B. 
The petition must include:
(1) 
An identification, which is not required to be a legal description, of the structure and the property on which it is located; and
(2) 
A description of the alleged violation or violations of minimum standards that are present on the property.
C. 
The proceeding will be styled “City of Sachse, Texas, Plaintiff v. (Property Description), Defendant.” The municipal court shall set the matter for a hearing not less than 30 days nor more than 60 days after the filing of the petition.
(Ordinance 4040 adopted 11/1/21)
A. 
The city attorney or the building official shall give notice of a municipal court hearing on the repair, demolition, vacation, or securing of a structure, or the relocation of the occupants of a structure, to any owner, mortgagee, or lienholder of the structure. A diligent effort must be made to discover each owner, mortgagee, or lienholder of the structure and to give such persons notice of the hearing.
B. 
Notice of the hearing must include:
(1) 
The date, time, and place of the hearing;
(2) 
An identification, which is not required to be a legal description, of the structure and the property on which it is located;
(3) 
A description of the alleged violation or violations of minimum standards that are present on the property; and
(4) 
A statement that the owner, mortgagee, or lienholder must submit at the hearing proof of the scope of any work that may be required to comply with this chapter and the time it will take to reasonably perform the work.
C. 
On or before the tenth day before the hearing date, notice of the hearing must be:
(1) 
Mailed, by certified mail, return receipt requested, to the record owners of the affected property, and each holder of a recorded lien against the property, as shown by the records in the office of the county clerk of the county in which the property is located if the address of the lienholder can be ascertained from the deed of trust establishing the lien or any other applicable instruments on file in the office of the county clerk;
(2) 
Posted, to all unknown owners, on the front door of each improvement situated on the affected property or as close to the front door as practicable; and
(3) 
Published on one occasion in a newspaper of general circulation in the city.
D. 
The city attorney or the building official may file in the official public records of real property in the county in which the property is located a notice of hearing that contains:
(1) 
The name and address of the property owner, if that information can be determined;
(2) 
A legal description of the property; and
(3) 
A description of the hearing.
E. 
A notice issued under this section or section 3-46, or an order entered by the municipal court under this article, that is filed in accordance with subsection D is binding on any subsequent grantee, lienholder, or other transferee of an interest in the property who acquires such interest after the filing of the notice or order and constitutes notice of the matter or order to any subsequent grantee, lienholder, or other transferee.
(Ordinance 4040 adopted 11/1/21)
A continuance of a hearing requested and set under this article may only be considered and granted in open court by the presiding judge of the court on the date and time of the originally scheduled hearing. A continuance must be requested in writing and may only be granted for good cause shown. The court may continue the hearing no more than 60 days and must notify the parties appearing in open court of the new date and time of the hearing. No other notice of the continued hearing date and time is required to be filed, sent, published, or posted.
(Ordinance 4040 adopted 11/1/21)
A. 
At the civil hearing in municipal court:
(1) 
The city attorney shall present evidence of notice of the hearing, the violation or violations of minimum standards that are present on the property, and other relevant issues;
(2) 
An owner, lienholder, mortgagee, or other person shown to have an interest in the property may present evidence of the scope of work and time required to comply with minimum standards under this chapter, present evidence on other relevant issues, and cross-examine witnesses;
(3) 
The owner, lienholder, or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with the provisions of this chapter and the time it will take to reasonable perform the work; and
(4) 
The city attorney may cross-examine or rebut any evidence offered by an opposing party or other witness.
B. 
At the close of evidence at the hearing, the municipal court judge may do one or more of the following:
(1) 
Find by a preponderance of the evidence that the structure is substandard, specifically describing each minimum standard found to be violated, and order one or more of the following:
(a) 
Demolition of the structure by the owner, lienholder, or mortgagee within 30 days, unless an extension is granted under subsection C;
(b) 
Repair of the structure by the owner, lienholder, or mortgagee as needed to correct every violation of minimum standards found by the court to exist at the structure, the repair to be accomplished within 30 days, unless an extension is granted under subsection C;
(c) 
Vacation of the structure by the owner, lienholder, or mortgagee, within a specified period of time; or
(d) 
The assessment of a civil penalty against the owner for each day or part of a day that the owner fails to repair or demolish the structure in compliance with a court order issued under this subsection.
(2) 
Find that the structure is open and vacant and order securing of the structure from unauthorized entry by the owner, lienholder, or mortgagee.
(3) 
Order relocation of the occupants of a structure affected by a court order, within a specified period of time, by the owner, lienholder, or mortgagee.
C. 
Time extensions for complying with an order to repair or demolish a structure.
(1) 
The court may allow more than 30 days to comply with an order to repair or demolish a structure under subsection B(1), if the owner, lienholder, or mortgagee establishes at the hearing that the work cannot reasonably be performed within 30 days. The court shall establish a specific time schedule for the commencement and performance of the work and require the owner, lienholder, or mortgagee to secure the property from unauthorized entry while the work is being performed.
(2) 
The court may not allow more than 90 days to comply with an order issued under subsection B(1) unless the owner, lienholder, or mortgagee:
(a) 
Submits at the hearing a detailed plan and time schedule for the work; and
(b) 
Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.
(3) 
If the court allows more than 90 days to complete any part of the work required to repair or demolish the structure under subsection B(1), it shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the court demonstrating compliance 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 court to demonstrate compliance with the time schedules.
(4) 
If the owner, lienholder, or mortgagee owns property, including structures and improvements on property, within the city boundaries that exceeds $100,000.00 in total value, the court may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing or demolishing a structure under subsection C(3). In lieu of a bond, the court 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 city. 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 court issues the order. The court shall establish rules and procedures, to be approved by the city attorney, governing when a bond, letter of credit, or third-party guaranty will be required under this subsection.
D. 
Demolition, vacation, and securing of a structure, and the relocation of the occupants of a structure, may be accomplished by the city if not timely accomplished by the owner, lienholder, or mortgagee. Repair of a structure may be accomplished by the city if not timely accomplished by the owner, lienholder, or mortgagee, but only to the extent necessary to bring the structure into compliance with minimum standards. If, at the close of evidence at the hearing, the court orders a structure to be repaired, vacated, secured, or demolished, or orders relocation of the occupants of a structure, the court shall in its order also authorize the city, through its agents or contractors, to enter the property and repair, vacate, secure, or demolish the structure on the property, or relocate the occupants of the structure, whichever applies, if the ordered action is not accomplished by the owner, lienholder, or mortgagee by the deadline given by the court pursuant to subsection B or C. Performance of work by the city under this subsection does not limit the ability of the City to collect on a bond or other financial guaranty that may be required from the property owner, lienholder, or mortgagee under subsection C(4) of this section.
E. 
An order entered by the court must also include a statement that any order entered by the municipal court, when filed in the official public real property records of the county in which the property is located, binds any subsequent grantee, lienholder, or other transferee of an interest in the property who acquires the interest after the filing of the order.
F. 
After the hearing, the city attorney or the building official shall promptly mail by certified mail, return receipt requested, or personally deliver with proof of delivery, a copy of the order to each owner, lienholder, and mortgagee of the structure and shall file a copy of the order in the official public real property records of the county in which the property is located. Best efforts must be made to determine the identity and address of any owner, mortgagee, or lienholder and to give such persons notice of the order. If an order to repair, demolish, vacate, reduce in occupancy load, or secure a structure, or to relocate the occupants of a structure, is timely effected, the building official shall, upon written request and payment of the cost by the owner, file a notice of compliance in the deed records of the county in which the property is located. Every notice given under this subsection must include an identification, which is not required to be a legal description, of the structure and property on which it is located, and a description of the violation of minimum standards that is present at the property.
G. 
Within ten days after the date the order is issued, the city attorney or the building official shall:
(1) 
File a copy of the order in the office of the city secretary; and
(2) 
Publish in a newspaper of general circulation in the city an abbreviated copy of the order containing:
(a) 
The street address or legal description of the property;
(b) 
The date of the hearing;
(c) 
A brief statement indicating the results of the order; and
(d) 
Instructions stating where a complete copy of the order may be obtained.
(Ordinance 4040 adopted 11/1/21)
A. 
If the city determines that the owner, lienholder, or mortgagee of a structure has not timely complied with a municipal court order issued under section 3-45 and the order included a provision authorizing the city to perform work upon failure of the owner, lienholder, or mortgagee to comply with the order, the city may, in addition to other remedies provided by law, repair, demolish, vacate, or secure the structure, or relocate the occupants of the structure, whichever is applicable, in accordance with the court order. Before the city begins performance of the work, the city attorney or the building official shall issue a notice including:
(1) 
An identification, which is not required to be a legal description, of the structure and the property on which it is located;
(2) 
An identification of the court order;
(3) 
A description of each violation of minimum standards found by the court to be present on the property when the court order was issued;
(4) 
A description of any work ordered by the court to correct each violation on the property;
(5) 
A statement that the owner, lienholder, or mortgagee has not timely complied with the court order and a description of the provisions of the court order that still require compliance;
(6) 
A statement of the city’s intent to cause the repair, demolition, vacation, or securing of the structure, or the relocation of the occupants of the structure, whichever is applicable; and
(7) 
The date and time the city will begin performance of the work in accordance with the court order.
B. 
At least ten days before the city begins the performance of work under this section, the notice required under subsection A must be:
(1) 
Mailed by certified mail, return receipt requested, to each owner, lienholder, and mortgagee of the structure;
(2) 
Posted on the front door of the structure or as close to the front door as practicable; and
(3) 
Published on one occasion in a newspaper of general circulation in the city.
C. 
Any costs incurred by the city in performing work under this article may be enforced in accordance with subsection E of this section and through any other remedies provided by city ordinance or state law.
D. 
Assessment of civil penalties.
(1) 
If the city attorney or the building official determines that the owner, lienholder, or mortgagee of a structure has not timely complied with a municipal court order issued under section 3-45, the city attorney may file an action in municipal court for the assessment of a civil penalty against the property. The city attorney or the building official shall promptly give notice to each owner, lienholder, and mortgagee of the hearing to assess a civil penalty. The notice must include:
(a) 
An identification, which is not required to be a legal description, of the structure and the property on which it is located;
(b) 
An identification of the court order affecting the property;
(c) 
A description of each violation of minimum standards found by the court to be present on the property when the court order was issued;
(d) 
A description of any work ordered by the court to correct each violation on the property;
(e) 
A statement that the city attorney or the building official has determined that an owner, lienholder, or mortgagee has not timely complied with the court order and a description of the provisions of the court order that still require compliance; and
(f) 
A statement that the court will conduct a hearing to consider assessment of a civil penalty on the property and the date, time, and place of the hearing.
(2) 
The notice required under subsection D(1) for a municipal court hearing to consider the assessment of a civil penalty on property subject to a court order must be given in compliance with the notice requirements set forth in section 3-43 for other hearings under this article.
(3) 
A hearing to consider the assessment of a civil penalty on property subject to a court order must be conducted in compliance with the requirements and procedures set forth in this article for other hearings before the municipal court, except that, in addition to any other evidence presented, an owner, lienholder, or mortgagee may present evidence of any work performed or completed on the property to comply with the court order.
(4) 
The court, after hearing evidence from each interested person present, may assess a civil penalty against the owner in a specific amount in accordance with section 3-41 B(7) of this article.
(5) 
Notice of a court order issued under this subsection must comply with the requirements and procedures of section 3-45 F and G and section 3-49 for notice of other board orders.
(6) 
A civil penalty assessed under this subsection may be enforced in accordance with subsection E of this section.
(7) 
A civil penalty assessment hearing may be combined with any other hearing before the municipal court concerning the same property.
E. 
Liens.
(1) 
The expense of the repair, demolition, vacation, or securing of a structure or the relocation of the occupants of a structure, when performed under contract with the city or by city forces, and any civil penalty assessed against the owner of the structure, constitute a nontransferable lien against the real property on which the structure stands or stood and runs with the land, unless it is a homestead as protected by the Texas Constitution. The city’s lien attaches when notice of the lien is recorded and indexed in the office of the county clerk in the county in which the property is located. The notice must contain the name and address of the owner, if reasonably determinable, a legal description of the real property, the amount of expenses incurred by the city, and the balance due.
(2) 
The city’s lien for the expenses is a privileged lien subordinate only to tax liens, if each mortgagee and lienholder is given notice and an opportunity to repair, demolish, vacate, or secure the structure, or relocate the occupants of the structure, whichever applies. Otherwise, the city’s lien for expenses, or for any civil penalties imposed, is superior to all other previously recorded judgment liens except for any previously recorded bona fide mortgage lien attached to the real property, if the mortgage lien was filed for record in the county clerk’s office of the county in which the real property is located before the date the civil penalty was assessed or the action for which the expenses were incurred was begun by the city.
(3) 
A lien acquired by the city under this section for repair expenses may not be foreclosed if the structure upon which the repairs were made is occupied as a residential homestead by a person 65 years of age or older.
(4) 
The city may use lawful means to collect expenses and civil penalties assessed under this article from an owner. Any civil penalty or other assessment imposed under this article accrues interest at the rate of ten percent a year from the date of the assessment until paid in full. The city may petition a court of competent jurisdiction in a civil suit for a final judgment in accordance with the assessed civil penalty. To enforce the civil penalty, the city must file with the district clerk of a county in which the city is located a certified copy of the municipal court order assessing the civil penalty, stating the amount and duration of the penalty. The assessment of a civil penalty under this article is final and binding and constitutes prima facie evidence of the penalty. No other proof is required for the district court to enter final judgment on the penalty.
(Ordinance 4040 adopted 11/1/21)
A. 
Within 15 days after the municipal court enters an order under this article, the city or an owner, lienholder, or mortgagee of a structure that is the subject of the order may request that the court modify its order. The request must be in writing and filed with the court.
B. 
The court shall schedule a hearing on the motion not less than five days or more than ten days after the request for modification is filed. The movant must promptly deliver a copy of the request and notice of the hearing date and time, in writing, to the city attorney and each owner, lienholder, and mortgagee by either personal service or certified mail, return receipt requested.
C. 
If circumstances have changed and the court finds good cause, the court may modify the order. The city attorney or the building official shall notify the owner, lienholder, and mortgagee of the structure of the modified order in accordance with section 3-45 F and G.
(Ordinance 4040 adopted 11/1/21)
Any owner, lienholder, or mortgagee of record who is jointly or severally aggrieved by a municipal court order issued under this article may appeal by filing in state district court a verified petition setting forth that the municipal court’s decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be filed by an owner, lienholder, or mortgagee of record within 30 calendar days after the respective dates a copy of the municipal court order is mailed to each in compliance with section 3-45 F; otherwise, the order will become final as to each person upon expiration of each person’s respective 30-calendar-day period. An appeal in state district court is a trial de novo.
(Ordinance 4040 adopted 11/1/21)
A. 
Any notice required by this article to be given to the owner, lienholder, or mortgagee of any structure must also be given to any legal occupant of the structure, if the subject of the notice involves the demolition, vacation, or reduction of occupancy load of the structure or the relocation. Notice required under this subsection must be given to the legal occupants either:
(1) 
In the same manner required by this article for notice to the owner, lienholder, or mortgagee of the structure; or
(2) 
By personal service, using the time and procedural requirements set forth in this article for notice to the owner, lienholder, or mortgagee of the structure.
B. 
For purposes of this article, a requirement to use “best efforts” or “a diligent effort” is satisfied by a search of the following records:
(1) 
County real property records of the county in which the structure is located;
(2) 
Appraisal district records of the appraisal district in which the structure is located;
(3) 
Records of the Secretary of State;
(4) 
Assumed name records of the county in which the structure is located;
(5) 
Tax records of the city; and
(6) 
Utility records of the city.
C. 
If any notice, order, or other document is mailed by certified mail, return receipt requested, as required by this article, and is returned by the United States Postal Service as “refused” or “unclaimed,” the validity of the notice, order, or other document is not affected, and the notice, order, or other document will be deemed as delivered.
(Ordinance 4040 adopted 11/1/21)