ARTICLE 3.03 SUBSTANDARD STRUCTURES

Application.

The provisions of this article shall apply to all structures, buildings or portions thereof, regardless of the date of construction, all related structures and their premises when located within the corporate limits of the city. Any commercial building not used or designed or intended to be used for human occupancy must meet all provisions except those provisions properly limited to buildings which contain living units.

Alteration.

Existing structures which are altered or enlarged shall be made to conform to this article insofar as the new work is concerned and in accordance with the building code.

Substandard structures review board or board.

Relocation.

Existing buildings which are moved or relocated shall be considered as new buildings and shall comply with all the requirements of this article and the building code as adopted by the city.

(Ordinance 99-02-01, sec. 1.03, adopted 2/17/99)

§ 3.03.004 Definitions.

For the purpose of this article, certain abbreviations, terms, phrases, words, and their derivatives shall be construed as specified in the building code. Additional phrases are defined as follows:

Building code.

The International Building Code as it has been adopted by the city.

Health officer.

The legally designated representative of the department of state health services.

Structure.

That which has been or is under construction, including but not limited to all buildings, basements, fences, walls, septic tanks, foundations or sidewalks.

The substandard structures review board shall consist of the city council of the City of Idalou, Texas.

(Ordinance 99-02-01, sec. 4, adopted 2/17/99; Ordinance 06-05-02 adopted 7/12/2021)

§ 3.03.005 Substandard structures review board or board.

Establishment.

The substandard structures review board or board, as defined, is hereby created, established, and shall consist of the members of the city council now serving or as serving in the future.

Powers.

The board shall have the power to enforce this article, specifically including provisions related to the following:

The preservation of public safety, relating to the materials or methods used to construct a building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits;

The fire safety of a building or improvement, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supplies for extinguishing fires, or location, design, or width of entrances or exits;

Dangerously damaged or deteriorated buildings or improvements;

Conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; and

§ 3.03.008 Owner and occupant responsibilities.

Building code compliance or the condition, use, or appearance of property in a municipality.

(Ordinance 06-05-02, sec. 2, adopted 5/8/06; Ordinance 06-05-02 adopted 7/12/2021)

§ 3.03.006 Authority.

Unless the city administrator directs otherwise, the city administrator, his designee, the police chief, or his designee, are hereby authorized and directed to administer and enforce all of the provisions of this article. The use of the term “city administrator” in this article shall refer to any such official authorized to act by this section, regardless of title.

(Ordinance 06-05-02, sec. 3, adopted 5/8/06)

§ 3.03.007 Right of entry.

Whenever necessary to make an inspection to enforce any of the provisions of this article, or when there is reasonable cause to believe that there exists in any structure or upon any premises any condition which makes it substandard, as defined in this article, the city administrator, or other authorized representative, may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed by this article; provided that he shall first make a reasonable effort to locate the owner, or persons having charge or control of the building or premises, and request permission to enter the premises. If such entry is refused or if the owner cannot be found, the city administrator, or his authorized representative, shall obtain an administrative search warrant as provided in section 18.05 of the Texas Code of Criminal Procedure.

(Ordinance 99-02-01, sec. 2.01(b), adopted 2/17/99)

Every owner remains liable for violations of duties imposed upon him by this article, even though an obligation is also imposed on the occupants of his building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this article. Every owner, or his agent, shall be responsible for maintaining his structure in a sound structural condition. The owner, or his agent, shall be responsible for keeping that part of the structure or premises which he occupies or controls in a clean, sanitary, and safe condition, including the shared or public areas in a building containing two or more dwelling units.

Where required by the building code, this article or the health ordinances, every owner shall furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment, or facilities for the prevention of insect and rodent infestation. Where infestation has taken place, the owner, or his agent, shall be responsible for the extermination of any insects, rodents, or other pests.

Every occupant of a dwelling unit shall be responsible for keeping that part of the dwelling or dwelling unit or premises which he occupies and controls in a clean, sanitary, and safe condition. Every occupant shall dispose of all rubbish, garbage, and other organic waste in a manner required by the health ordinances and approved by the health officer.

Where required by the building code, this article or the health ordinances, every occupant shall furnish and maintain approved devices, equipment or facilities necessary to keep premises safe and sanitary.

§ 3.03.009 Substandard structures defined.

Where sections of this article have requirements that conflict with the building code, the building code shall apply.

(Ordinance 99-02-01, sec. 2.01(c), adopted 2/17/99)

Any structure or portion thereof, which fails to meet the requirements of this article is substandard, shall be considered a nuisance, and shall be abated in accordance with the procedures specified in this article.

(Ordinance 99-02-01 adopted 11/17/14)

§ 3.03.010 Interpretation.

The substandard structures review board shall provide the final interpretation of the provisions of this article and provide for hearings and the issuance of orders. The board may adopt reasonable rules and regulations for conducting its hearings under this article and shall render all decisions and findings in writing to the property owner(s), mortgagees and lienholders. Hearings before the board shall be provided for in accordance with the provisions contained in sections 3.03.016 through 3.03.019 of this article.

(Ordinance 06-05-02, sec. 4, adopted 5/8/06; Ordinance 06-05-02 adopted 7/12/2021)

§ 3.03.011 Violations.

No person, film, or corporation, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building, structure, or premises, or cause or permit the same to be done contrary to or in violation of any of the provisions of this article or any order issued by the city council hereunder. Any person violating the provisions of this section shall be guilty of a misdemeanor and may be fined up to $1,000.00. Each day the violation continues shall constitute a separate offense.

(Ordinance 99-02-01 adopted 11/17/14)

§ 3.03.012 Permits.

Required.

No building or structure regulated by this article 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 in accordance with the applicable provisions of the building code.

Fees.

Whenever a building permit is required by subsection (a) above, the appropriate fees shall be paid as specified in the building code.

Inspection.

All buildings or structures within the scope of this article and all construction or work for which a permit is required shall be subject to inspection in accordance with the building code.

(Ordinance 06-05-02, sec. 6, adopted 5/8/06; Ordinance 99-02-01, sec. 3.01, adopted 2/17/99; Ordinance 99-02-01, sec. 3.03, adopted 2/17/99)

§ 3.03.013 Occupancy standards.

General.

Buildings or structures may be of any type of construction permitted by the building code. Roofs, floors, walls, foundations, and all other structural components of buildings shall be capable of resisting any and all forces and loads to which they may be subjected. All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the building code. Buildings of every permitted type of construction shall comply with the applicable requirements of the building code.

Protection of materials.

All wood shall be protected against termite damage and decay as provided in the building code.

Heating and ventilation.

Heating.

Every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a room temperature of 70° F., at a point three (3) feet above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition and in accordance with the building code, and all other applicable laws. No unvented fuel-burning heaters shall be permitted unless of a type approved by the building code.

Electrical equipment.

All electrical equipment, wiring, and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of a type approved by the building code.

Ventilation.

Ventilation for rooms and areas and for fuel-burning appliances shall be provided as required in the building code and in this article.

Fire protection.

All buildings or portions thereof shall be provided with the degree of fire-resistive construction as required by the building code for the appropriate occupancy, type of construction, and location on property and shall be provided with the appropriate fire-extinguishing systems or equipment required by the building code.

(Ordinance 99-02-01, secs. 5.01–5.03, adopted 2/17/99)

§ 3.03.014 Substandard buildings.

Any building, structure or portion thereof, including any dwelling unit, guest room or suite of rooms, or premises on which the same is located, in which there exists any of the following listed conditions is a substandard building as defined in section 3.03.009 of this article, including:

Lack of or improper water closet, lavatory, bathtub or shower in a dwelling unit.

Lack of or improper window screens as necessary to prevent the entry of insects.

Lack of or improper kitchen sink in a dwelling unit.

Lack of hot and cold running water to plumbing fixtures in a dwelling unit.

Lack of adequate heating facilities.

(6)

Lack of or improper operation of required ventilating equipment.

(7)

Lack of minimum amounts of natural light required by the building code.

(8)

Room and space dimensions less than those required by the building code.

(9)

Lack of required electrical lighting.

(10)

Dampness of habitable rooms.

(11)

Infestation of insects, vermin or rodents as determined by the health officer or his designee.

(12)

General dilapidation or improper maintenance.

(13)

Lack of connection to required sewage disposal system.

(14)

Deteriorated or inadequate foundations.

(15)

Defective or deteriorated flooring or floor supports.

(16)

Flooring or floor supports of insufficient size to carry imposed loads with safety.

(17)

Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.

(18)

Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.

(19)

Members of ceilings, roofs, ceiling and roof supports or other horizontal members, which sag, split, or buckle due to defective material or deterioration.

(20)

Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.

(21)

Fireplaces or chimneys which list, bulge, or settle, due to defective material or deterioration.

(22)

Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

(23)

Electrical wiring.

All wiring, except that which conformed with all applicable laws in effect at the time of installation, and which has been maintained in good condition and is being used in a safe manner.

(24)

Hazardous plumbing.

All plumbing, except that which conformed with all applicable laws in effect at the time of installation, and which has been maintained in good condition and which is free of cross-connections and siphonage between fixtures.

(25)

Hazardous mechanical equipment.

All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation, and which has been maintained in good and safe condition.

(26)

Faulty weather protection.

Weather protection which shall include but not be limited to the following:

Deteriorated, crumbling, or loose plaster.

Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.

(C)

Defective, or lack of, weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.

(D)

Broken, rotted, split, or buckled exterior wall coverings or roof coverings.

(27)

Fire hazard.

Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the fire marshal or his deputy, is in such a condition as to cause a fire or explosion, or provide ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

(28)

Faulty materials of construction.

All materials of construction, except those which are specifically allowed or approved by this article and the building code, and which have been adequately maintained in good and safe condition.

(29)

Hazardous or unsanitary premises.

Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions which constitute fire, health, or safety hazards.

(30)

Inadequate maintenance.

Any building or portion thereof which is determined to be an unsafe building as a result of improper or inadequate maintenance.

(31)

Inadequate exits.

All buildings or portions thereof not provided with adequate exit facilities as required by the building code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction, and which have been adequately maintained and increased in relation to increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of exits, additional exits may be required to be installed.

(32)

Inadequate fire protection or firefighting equipment.

All buildings or portions thereof which are not provided with fire-resistive construction or fire-extinguishing systems or equipment required by this article, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

(33)

Improper occupancy.

All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which are not designed or intended to be used for such occupancies.

(34)

Unoccupied structures.

Regardless of its structural condition, unoccupied by its owners, lessees, 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, or boarded up, fenced, or otherwise secured in any manner if the building constitutes a danger to the public even though secured from entry, or the means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by the above subsection.

(Ordinance 99-02-01, sec. 6.01, adopted 2/17/99; Ordinance 99-02-01 adopted 11/17/14)

§ 3.03.015 Notices.

Commencement of proceedings.

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.

Notice.

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:

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

A statement that the structure is in violation of the terms of this article with a brief and concise description of the conditions found to render the structure in violation. The city administrator may comply with this section by attaching a copy of any report of the inspection of the structure to the notice.

A statement advising that a hearing has been set before the substandard structures review board as follows:

"You are hereby notified that a hearing will be held before the substandard structures review board of the City of Idalou, Texas, at City Hall, 208 Main Street, Idalou, 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 Idalou, 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 thereof 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. In the event you seek to obtain more than thirty (30) days to complete the project, you will be required to reasonably establish that the work cannot be completed within thirty (30) days. In the event you seek to obtain more than ninety (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 ninety (90) days."

Order.

Following the hearing, the building and standards commission may issue an order requiring the vacation, relocation of occupants, securing, repair (with or without vacation), removal of accumulations of refuse and vegetation, or demolition of the structure if the building and standards commission finds that any of the following conditions exist:

The structure in question is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare.

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.

If boarded up, fenced or otherwise secured in any manner, the building constitutes a danger even though secured from entry or the means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described in subsection (2) above.

The property is a hazard to public safety because of the accumulation of refuse, vegetation, or other matter which creates breeding or living places for insects and rodents, is a fire hazard, or is a danger to children.

Following entry of the order, any person affected by the order may appeal the order to the state district court for relief within thirty (30) days, and upon failure to do so within such period of time, the order shall become final.

Service of notice.

The notice and any amended or supplemental notice shall be posted and either mailed or personally delivered on or before the 10th day before the date of the hearing before the building and standards commission. In addition, the notice must be published in a newspaper of general circulation in the municipality on one occasion on or before the 10th day before the date fixed for the hearing. Such notice shall be posted on the front door of each improvement situated on the affected property or as close to the front door as practicable and served upon the record owner of the property and upon each of the following, if known to the city administrator or disclosed from the official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record, the owner or holder of any lease filed of record and the holder of any other estate or legal interest (except mineral interests) filed of record in or to the building or the land on which it is located. The failure of the city administrator to serve any person required herein to be served shall not invalidate any proceedings hereunder 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.

Method of service.

Service of the notice shall be made upon all persons entitled thereto, 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 no address of any such person so appears, or is known to the city administrator, then 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 section. Delivery by certified mail in the manner herein provided shall be [deemed] effective on the date of mailing. When a notice is mailed in accordance with this section to a property owner or lienholder 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.

(f)

Proof of service.

Proof of service of the notice 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.

(Ordinance 99-02-01, sec. 7.01, adopted 2/17/99; Ordinance 06-05-02, secs. 7–9, adopted 5/8/06; Ordinance 06-05-02 adopted 7/12/2021)

§ 3.03.016 Hearings.

Before any order is issued by the substandard structures review board or any work is performed by the city administrator on any building or part thereof which is in violation of this article, except under section 3.03.019 dealing with emergency remedies, there shall first be a hearing conducted by the board.

Standards to be followed.

The following standards shall be followed by the substandard structures review board in ordering the repair, vacation, relocation of occupants, demolition, or removal of a structure.

The substandard structures review board may issue an order requiring the vacation, relocation of occupants, securing, repair (with or without vacation), removal of accumulations of refuse and vegetation, or demolition of the structure if the board finds that the following conditions exist:

The structure in question is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare;

That regardless of its structural condition, 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)

If boarded up, fenced or otherwise secured in any manner if:

(i)

The building constitutes a danger even though secured from entry; or

(ii)

The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described in subsection (B) above; or

(D)

Time limitations.

If the substandard structures review board finds that the structure is in violation, then the board shall require the owner, lienholder, or mortgagee of the building to within thirty (30) days:

Secure the structure from unauthorized entry; or

Repair, remove or demolish the structure within thirty (30) days, unless the owner or lienholder establishes at the hearing that the work cannot be reasonably performed within thirty (30) days.

If the owner establishes that the work cannot be reasonably completed in thirty (30) days and the substandard structures review board determines that additional time is necessary, the 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.

The substandard structures review board shall not allow an owner, lienholder or mortgagee more than ninety (90) days to repair, remove or demolish the structure 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 reasonably be completed within ninety (90) days because of the scope and complexity of the work.

If the substandard structures review board allows the owner, lienholder, or mortgagee more than ninety (90) days to complete any part of the work required to repair, remove or demolish the structure, the commission shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the city administrator to demonstrate that the owner, lienholder, or mortgagee has complied 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 city administrator to demonstrate compliance with the time schedules.

In the public hearing to determine whether a structure complies with the standards set out in this article, the owner, lienholder or mortgagee has the burden of proof to demonstrate the scope of work that may be required to comply with this article and the time it will take to reasonably perform the work.

(Ordinance 99-02-01, sec. 8.01, adopted 2/17/99; Ordinance 99-02-01, sec. 8.02, adopted 2/17/99; Ordinance 06-05-02, sec. 10, adopted 5/8/06; Ordinance 06-05-02, sec. 11, adopted 5/8/06; Ordinance 06-05-02 adopted 7/12/2021)

§ 3.03.017 Right to appeal.

Any person affected by any order may seek to appeal the order within thirty (30) days, to the state district court for relief and upon failure to do so within such period of time such order shall be final. The appeal shall be de novo.

If a decision of the city is affirmed, or not substantially reversed, but only modified by the district court, it shall allow to the city all attorney fees and other costs and expenses incurred by the city and shall enter a judgment for those items, which may be entered against the property owners, lienholders, or mortgagees, as well as all other persons subject to the proceedings before the city.

(Ordinance 99-02-01 adopted 11/17/14)

§ 3.03.018 Findings of fact.

Following the hearing, any person wishing to appeal the decision of the substandard structures review board shall request that the board make such findings as the board believes necessary to support its order. In the event a party fails to request such findings within thirty (30) days, it shall be presumed that the substandard structures review board made such findings as are necessary to support its decision.

(Ordinance 99-02-01, sec. 8.04, adopted 2/17/99; Ordinance 06-05-02, sec. 10, adopted 5/8/06; Ordinance 06-05-02 adopted 7/12/2021)

§ 3.03.019 Emergency abatement.

In the event that a structure constitutes a substantial and immediate hazard to the public health, safety and welfare as a result of fire, civil disobedience, or natural disaster to the extent that an imperative public need exists to abate a portion or all of the structure, the city administrator may immediately, without prior hearing before the substandard structures review board, abate that portion of the structure which causes hazard; provided:

The city administrator has made a reasonable effort to determine the name and location of each owner and lienholder or mortgagee and has attempted to give each owner, lienholder and mortgagee notice of the impending action by the city administrator. The notice may be given orally, and a record shall be kept of the time and date of each communication.

§ 3.03.020 Procedures for conducting meeting.

The structure shall be abated only to the extent necessary to remove the immediate hazard to the public health, safety, and welfare. The structure shall then be treated as any other substandard structure and additional abatement may be done only after notice and hearing as provided in sections 3.03.015 through 3.03.019.

(Ordinance 99-02-01, sec. 8.05, adopted 2/17/99; Ordinance 06-05-02, sec. 10, adopted 5/8/06; Ordinance 06-05-02 adopted 7/12/2021)

Record.

A record of the entire proceedings shall be made by the keeping of minutes and by tape recording, or by any other means of permanent recording determined to be appropriate by the substandard structures review board.

Oaths, certification.

In any proceedings under this article, the chairman or the acting chairman has the power to administer oaths, compel the attendance of witnesses, and certify to official acts.

Reasonable dispatch.

The substandard structures review board and its representatives shall proceed with reasonable dispatch to conclude any matter before it.

Quorum.

A majority of the members of the substandard structures review board must hear a case.

Designated official.

The city administrator, the acting city administrator, the chief of police, or the city attorney may present cases before the substandard structures review board.

(f)

Public meetings and records.

Hearings before the substandard structures review board shall be open to the public, and the official records of the board shall be maintained by the board as public records.

(Ordinance 06-05-02, sec. 12, adopted 5/8/06; Ordinance 06-05-02 adopted 7/12/2021)

§ 3.03.021 Conduct of hearing.

Rules.

Hearings need not be conducted according to the technical rules relating to evidence and witnesses.

Oral evidence.

Oral evidence shall be taken only on oath or affirmation.

Admissibility of evidence.

Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.

Exclusion of evidence.

Irrelevant and unduly repetitious evidence shall be excluded.

Rights of parties.

Each party shall have the following rights, among others, to:

Call and examine witnesses on any matter relevant to the issues of the hearing;

Introduce documentary and physical evidence;

Cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

Impeach any witness regardless of which party first called him to testify;

§ 3.03.022 Method and form of decision.

Rebut the evidence against him; and

(6)

Represent himself or be represented by anyone of his choice who is lawfully permitted to do so.

(Ordinance 99-02-01, sec. 9.02, adopted 2/17/99)

Form of decision.

The decision shall be in writing and may contain findings of fact; it shall contain a determination of the issues presented and the requirements for compliance. A copy of the decision shall be delivered to each party personally or sent to each party by United States mail, certified, return receipt requested, postage prepaid.

§ 3.03.023 Filing and delivery of order.

Effective date of decision.

The effective date of the decision shall be as stated therein.

(Ordinance 99-02-01, sec. 9.03, adopted 2/17/99)

Within ten (10) days after the date the order is issued, the city administrator shall:

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

Serve a copy of the order upon each owner, mortgagee and lienholder by certified mail, return receipt requested or using signature confirmation service or personally delivering a copy of the order; and

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

The street address and legal description of the property;

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 99-02-01, sec. 9.04, adopted 2/17/99; Ordinance 99-02-01 adopted 11/17/14)

§ 3.03.024 Enforcement of order.

General.

After any order of the substandard structures review board pursuant to this article has become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey such order. Any such person who fails to comply with such an order is guilty of a misdemeanor.

Failure to obey order.

If, after any order of the substandard structures review board made pursuant to this article has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the city administrator may:

Cause such person to be prosecuted under subsection (a); or

Take any appropriate action to abate such structure pursuant to the order.

Posting.

Notice contents.

The city administrator shall, if ordered by the substandard structures review board after a hearing pursuant to sections 3.03.016 through 3.03.019, cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading substantially as follows:

SUBSTANDARD STRUCTURE

DO NOT OCCUPY

It is a misdemeanor punishable by a fine up to $2,000 to occupy this structure, or to remove or deface this notice.

City Administrator, City of Idalou

Failure to obey notice.

No person shall occupy any building which has been posted as specified in this section. No person shall remove or deface any such notice so posted until the repairs, demolition, or removal ordered by the substandard structures review board have been completed.

Additional remedies.

In addition to any other remedy herein provided, if a party fails to comply with an order of the substandard structures review board within the time provided, then the city administrator may take such action as is required by the order including the repair, removal, or demolition of the structure and any other action which may be necessary to complete the requirements of the order. When such work is done pursuant to this article, the city administrator may/shall cause the work to be accomplished by either city personnel or by private contract. Costs incurred shall be assessed against the land on which the building stands or it attached, and a notice of lien shall be substantially in the form requirement by this article or by statute.

Civil penalties.

At the time of the hearing provided by this article, the substandard structures review board may provide that if the person to whom the orders is directed shall fail, neglect or refuse to obey any order, then a civil penalty shall be assessed against the property. The substandard structures review board may set the amount of the penalty at the time of the hearing in an amount not to exceed one thousand and no/100 dollars ($1,000.00) per day if the property is not homestead property and, in an amount not to exceed ten and no/100 dollars ($10.00) per day if the property is occupied by the owner as their homestead. The civil penalties shall be assessed against the land on which the building stands or stood, and notice of lien shall be provided in section 214.0015(d) of the Texas Local Government Code.

§ 3.03.025 Recovery of civil penalties; cost of repair, demolition or other work.

Interference with work prohibited.

It shall be a misdemeanor for any person to obstruct, impede or interfere with any officer, employee, contractor, or authorized representative of the city, or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this article, whenever such officer, employee, contractor, or authorized representative of the city or person having an interest or estate in such building or structure is demolishing any such building pursuant to the provisions of this article, or is performing any necessary act preliminary to or incidental to such work, or authorized or directed pursuant to this article.

(Ordinance 99-02-01, sec. 10.01, adopted 2/17/99; Ordinance 99-02-01, sec. 10.02, adopted 2/17/99; Ordinance 99-02-01, sec. 10.03, adopted 2/17/99; Ordinance 06-05-02, sec. 13, adopted 5/8/06; Ordinance 06-05-02, sec. 14, adopted 5/8/06; Ordinance 06-05-02 adopted 7/12/2021)

Account of expenses, filing of statement.

The city administrator shall keep an itemized account of the expense incurred by the city for administrative cost, demolition or removal of any structure and the cleaning of the lot where the structure was located. Upon completion of this abatement, the city administrator shall prepare a notice of lien specifying the work done, and the total cost of the work, a description of the real property upon which the structure was located, and the names and addresses of the persons entitled to notice.

Lien of assessment.

Priority.

Immediately upon recordation, the amount assessed shall be payable, and the assessment shall be a lien against the parcel of land where the work was performed and against any remaining improvements thereon. The lien shall be subordinate only to tax liens and liens to secure the cost of street improvements after they have been so made.

Interest.

All such assessments remaining unpaid after thirty (30) days from the date of recordation shall become delinquent and shall bear interest at the rate of ten percent (10%) per annum from and after said date.

Foreclosure.

For any such expenditures and interest, suit may be instituted and foreclosure had in the name of the city. A certified copy of the lien and billing statements shall be prima facie proof of the amount expended in any such work.