Whenever the city administrator or his designee has inspected
or caused to be inspected any structure and has found and determined
that such structure is a substandard structure, he may commence proceedings
to require the vacation, relocation of occupants, securing, repair,
removal or demolition of the structure.
(1999 Code, sec. 26-331)
(a)
The
city administrator or his designee shall make a diligent effort to
discover the name and address of each owner, mortgagee or lienholder
of the structure as found in the real property records of the county
clerk. He shall then issue a notice to each owner, mortgagee or lienholder,
which shall contain the following:
(1)
The street address and legal description sufficient for identification
of the premises upon which the structure is located.
(2)
A statement that the building official believes the structure to be in violation of the terms of article 3.03 of the code with a brief and concise description of the conditions found to render the structure in violation. The building official may comply with this section by attaching a copy of any report of the inspection of the structure to the notice.
(3)
A statement advising that a hearing has been set before the city
council as follows:
You are hereby notified that a hearing will be held before the
City Council of the City of Crosbyton, Texas, at City Hall, 221 W.
Main Street, Crosbyton, Texas, on the _____ day of _____ at p.m.
The purpose of the hearing is to make a final determination
as to whether the structure described is in violation of the Substandard
Structure Ordinance of the City of Crosbyton, Texas. You may be present
at the hearing and may be, but need not be, represented by legal counsel.
You may present any relevant evidence and will be given full opportunity
to cross-examine all witnesses testifying against you. You may request
the issuance of subpoenas to compel the attendance of witnesses and
the production of books, documents or other things by filing an affidavit
with the city administrator. At the time of the hearing, you (whether
you be 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. If you seek to obtain more than 30 days to complete
the project, you will be required to reasonably establish that the
work cannot be completed within 30 days. If you seek to obtain more
than 90 days to complete the work, you will be required to submit
a detailed plan and time schedule for the work at the hearing and
establish that the work cannot be completed within 90 days.
(b)
Following
the hearing, the city council may issue an order requiring the vacation,
relocation of occupants, securing, repair (with or without vacation),
removal or demolition of the structure if the city council finds that
any of the following conditions exist:
(1)
The structure in question is dilapidated, substandard or unfit for
human habitation, and a hazard to the public health, safety and welfare.
(2)
The structure is unoccupied by its owners or other invitees and is
unsecured from unauthorized entry to the extent that it could be entered
or used by vagrants or other uninvited persons as a place of harborage
or could be entered or used by children.
(c)
Following
entry of the order, any person affected by the order may appeal the
order to the state district court for relief within 30 days, and upon
failure to do so within such period of time, the order shall become
final.
(1999 Code, sec. 26-332)
(a)
The notice specified in section 3.03.152 and any amended or supplemental notice shall be served upon the record owner, and posted on the property, and one copy shall be served on each of the following if known to the city administrator or disclosed from official public records:
(b)
The
failure of the city administrator to serve any person required in
this division to be served shall not invalidate any proceedings under
this article as to any other person duly served or relieve any such
person from any duty or obligation imposed on him by the provisions
of this article.
(1999 Code, sec. 26-333)
Service of the notice specified in section 3.03.152 shall be made upon all persons entitled to service, either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, to each person at his address as it appears in the official records of the county clerk, any appraisal district records, or as known to the city administrator. If such certified letter is not deliverable as addressed, service may be by publication two times within ten consecutive days in a newspaper of general circulation within the county. If no address of any such person so appears, or is known to the city administrator, a copy of the notice shall be so mailed, addressed to such person at the address of the building involved in the proceedings.
The failure of any such person to receive such notice shall
not affect the validity of any proceedings taken under this article.
Delivery by certified mail in the manner provided in this section
shall be effective service on the date of mailing.
(1999 Code, sec. 26-334)
Proof of service of the notice required by this division shall
be certified at or near the time of service by a written declaration
under penalty of perjury executed by the person effecting service,
declaring the time, date and manner in which service was made. The
declaration, together with any receipt card returned in acknowledgment
of receipt by certified mail, shall be affixed to the copy of the
notice retained by the city administrator.
(1999 Code, sec. 26-335)
