The city hereby adopts chapter 214, subchapter A, of the Texas
Local Government Code, as amended, and the following minimum standards
for the continued use and occupancy of all buildings regardless of
the date of their construction; the following provisions for giving
proper notice to the owner of a building; and the following provisions
for a public hearing to determine compliance of real property, buildings,
structures, premises and vacant lots. In the event that any provision
of this article conflicts with said chapter 214, subchapter A, or
in the event that any provision of said chapter 214, subchapter A
has been omitted from this article. the city shall be entitled to
pursue its remedies in conformity with said state law, as hereafter
amended.
(Ordinance 460 adopted 12/8/16)
(a)
Building standards commission created.
There is hereby
created a building standards commission, which shall consist of the
city council. All cases to be heard by the commission shall be heard
by a panel of at least three members.
(b)
Ex officio members.
(1)
The code enforcement officer, director of public works, fire marshal,
and the city secretary of the city shall be ex officio, nonvoting
members of the building standards commission.
(2)
It shall be the duty of the ex officio members of the building standards
commission to inspect all buildings or structures reported to be or
believed to be substandard and present a report of such inspection
to the city secretary.
(c)
Officers of the commission.
At its first meeting of
each year, the commission shall select from its members a chairperson
and a secretary of the commission.
(d)
Rules and procedures.
(1)
Three members of the commission shall be required to constitute a
quorum and the simple majority vote of the members present is necessary
to take any action under this article.
(2)
A commission member having a personal or financial interest in any
matter before the commission shall excuse himself from the discussion
and the vote on that matter.
(3)
The person acting as secretary to the commission shall make a record
of all proceedings of the commission, which shall set forth the particulars
of the matter before the commission, the decision rendered by the
commission, the reason for the said decision and the vote of each
member participating therein.
(4)
The chairperson or city secretary may call meetings of the commission
when necessary to rule on any case brought before it regarding substandard
building nuisances.
(5)
The commission shall establish such other rules and procedures it
deems necessary for the election of officers and the conduct of its
business.
(e)
Duties.
The commission shall hear any case dealing with
substandard building nuisances and make a ruling as to whether such
building is a public nuisance and whether such building or structure
should be repaired, vacated and/or demolished.
(Ordinance 460 adopted 12/8/16)
All buildings or structures that are required to be repaired
under provisions of this article shall be subject to all applicable
sections of the building code, as amended, and as adopted by the city
council.
(Ordinance 460 adopted 12/8/16)
Any real property, building, structure, or any portion thereof,
or any premises, including a vacant lot, in or on which there exists
a condition not in compliance with this article shall be deemed and
is hereby declared to be a public nuisance, a violation of this article
and subject to the penalty clauses and remedies available to the city
hereunder and under the common law or equity jurisprudence of the
state.
(Ordinance 460 adopted 12/8/16)
Terms, words, phrases and their derivatives used, but not specifically
defined in this article, shall have the meanings defined in Webster’s
New Collegiate Dictionary. Words used in the singular include the
plural and the plural the singular. Words used in the masculine gender
include the feminine and the feminine the masculine. For purposes
of this article, the following terms shall have the following meanings,
unless the context clearly indicates that a different meaning is intended:
Any building or structure which is used solely for farming
or ranching uses. This term includes, but is not limited to, barns,
windbreaks, or silos. An agricultural structure may not be an accessory
structure.
A structure with walls and a roof, or a structure that was
originally constructed with walls and a roof, e.g. a house or factory,
but does not include any agricultural structure.
Typically includes, but is not limited to, residential or
commercial structures and includes any accessory structures on the
same property. The term building includes the term structure.
The police officer, building official, code enforcement officer,
director of public works, or fire marshal, or their designated representatives,
charged with any enforcement and administration of this article.
The examination of property by the enforcement officer or
his authorized representative for the purpose of evaluating its condition
as provided for in this article.
A building that is a public nuisance, as that term is defined
in this section, or unsafe for human occupation, whether temporary
or permanent, and a hazard to the public health, safety and welfare.
Any person, agent, firm, corporation, association or other
entity having a legal or equitable interest in a property as shown
on the most recent tax roll.
Any person, agent, firm, corporation, association or other
legal entity, or tenant as that term is defined in this section.
The physical condition or use of any premises regarded as a
public nuisance at common law or as defined elsewhere in this code;
Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including,
but not limited to, abandoned wells, shafts, basements, excavations
and unsafe fences or structures;
Any premises that is manifestly capable of being a fire hazard,
or is manifestly unsafe or unsecure as to endanger life, limb or property;
Any premises from which the plumbing, heating and/or facilities
required by the city’s ordinances have been removed, or from
which utilities have been disconnected, destroyed, removed, or rendered
ineffective, or the required precautions against unauthorized use
or entry have not been provided;
Any structure or building that is in a state of dilapidation,
deterioration or decay, faulty construction, overcrowded, open, vacant
or abandoned, damaged by fire to the extent as not to provide shelter,
in danger of collapse or failure and dangerous to anyone on or near
the premises;
Any physical condition, use or occupancy of any premises or
its appurtenances that is dangerous to the physical health or safety
of an occupant or other person; or
Because of violations of section 3.03.007 of this article, the state of disrepair is such that it could reasonably cause injury, damage, or harm to a considerable portion of the community in the use and enjoyment of property, materially interfering with the proper use or comfort and enjoyment of surrounding property, taking into consideration the nature and use of the properties in the area and the character of the community in which they are situated, which condition would be substantially offensive and annoying to persons of ordinary sensibilities living in the community.
Any person, agent, firm, corporation, or association who
occupies a property or premises and who is not the owner.
(Ordinance 460 adopted 12/8/16)
Without limiting the power of the city council to hereafter
declare as public nuisances any other act, condition or thing, by
ordinance, the following specific acts, conditions and things are,
each and all of them, hereby declared to be and constitute public
nuisances:
(1)
Any
building or any portion thereof that is:
(A)
Dilapidated, substandard, or unfit for human habitation and a hazard
to the public health, safety, and welfare;
(B)
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
(2)
Any
building that has any or all of the conditions or defects hereinafter
described shall be deemed to be a dangerous building, provided that
such conditions or defects exist to the extent that the life, health,
property or safety of the public or its occupants is endangered:
(A)
Whenever any door, aisle, passageway, stairway or other means of
exit is not of sufficient width or size or is not arranged so as to
provide safe and adequate means of exit in case of fire or panic.
(B)
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.
(C)
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.
(D)
Whenever any portion of a building 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 it was before
such a catastrophe and is less than the minimum requirements of the
building code for new buildings of similar structure, purpose or location.
(E)
Whenever any portion of a building, or member or appurtenance thereof,
is likely to fail, or to become detached or dislodged, or to collapse
and thereby injure persons or damage property.
(F)
Whenever any portion of a building, or any member, appurtenance or
ornamentation on 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 new buildings of similar structure,
purpose or location without exceeding the working stresses permitted
in the building code for such buildings.
(G)
Whenever any portion of a building has cracked, warped, buckled or
settled to such an extent that walls or other structural portions
have materially less resistance to wind or earthquakes than is required
in the case of similar new construction.
(H)
Whenever the building, or any portion thereof, is manifestly unsafe
because of:
(i)
Dilapidation, deterioration or decay;
(ii)
Faulty construction;
(iii)
The removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building;
(iv)
The deterioration, decay or inadequacy of its foundation; or
(v)
Any other cause, or is likely to partially or completely collapse.
(I)
Whenever, for any reason, the building, or any portion thereof, is
manifestly unsafe for the purpose for which it is being used.
(J)
Whenever the exterior walls or other vertical structural members
list, lean or buckle to such an extent that a plumbline passing through
the center of gravity does not fall inside the middle one-third of
the base.
(K)
Whenever the building, exclusive of the foundation, shows thirty-three
percent (33%) or more damage or deterioration of its supporting member
or members, or fifty percent (50%) or more damage or deterioration
of its nonsupporting members, enclosing or outside walls or coverings.
(L)
Whenever the building has been so damaged by fire, wind, earthquake
or flood, or has become so dilapidated or deteriorated as to:
(M)
Whenever any building has been constructed, exists or is maintained
in violation of any specific requirement or prohibition applicable
to such building provided by the building regulations of this jurisdiction,
as specified in the International Building Code or International Property
Maintenance Code, as heretofore previously adopted or hereafter adopted
or amended by the city or of any law or ordinance of this state or
jurisdiction relating to the condition, location or structure of buildings.
(N)
Whenever any building which, whether or not erected in accordance
with all applicable laws and ordinances, has in any nonsupporting
part, member or portion less than fifty percent (50%), or in any supporting
part, member or portion less than sixty-six percent (66%) of the:
(O)
Whenever a building, 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 enforcement officer to be unsanitary,
unfit for human habitation or in such a condition that it is likely
to cause sickness or disease.
(P)
Whenever any building, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire-resistive
construction, faulty electric wiring, gas connections or heating apparatus,
or other cause, is determined by the fire marshal to be a fire hazard.
(Q)
Whenever any building is in such a condition as to constitute a public
nuisance known to the common law or in equity jurisprudence.
(R)
Whenever any portion of a building remains on a site after the demolition
or destruction of the building or whenever any building is abandoned
for a period in excess of six (6) months so as to constitute such
building or portion thereof an attractive nuisance or hazard to the
public.
(S)
Whenever water heating facilities are not properly installed or maintained
in a safe and good working condition and/or such water heating facilities
are not capable of heating water to such a temperature as to permit
an adequate amount of water to be drawn at every required kitchen
sink, lavatory basin, bathtub or shower at a temperature of not less
than one hundred twenty degrees Fahrenheit (120°). Such water
heating facilities shall be capable of meeting the requirements of
this subsection when the dwelling or dwelling unit heating facilities
required under the provisions of this subsection are not in operation.
(T)
Whenever any minimum standards provided by the International Building
Code, the International Property Maintenance Code, the International
Residential Code, the International Fire Code, the International Mechanical
Code, the International Plumbing Code, the International Fuel Gas
Code or National Electrical Code, as amended, and as heretofore previously
adopted or hereafter adopted or amended by the city council of the
city, are not met for any building.
(3)
Any
agricultural structure that fails to meet the minimum standards required
for such agricultural structure adopted pursuant to the Occupational
Safety and Health Standards for Agriculture, 29 C.F.R. section 1928,
as amended.
(Ordinance 460 adopted 12/8/16)
(a)
The
minimum standards for the continued use and occupancy of all buildings,
regardless of the date of construction thereof, shall be those established
by the International Property Maintenance Code, which standards are
hereby adopted, as well as those standards established by the International
Building Code as promulgated by the International Conference of Building
Officials as heretofore previously adopted or hereafter adopted or
amended by the city council of the city, and those standards established
by this article.
(Ordinance 460 adopted 12/8/16)
(a)
An
inspection shall be made of every building or structure located within
the city, which is suspected of being in violation of this article.
The building inspector, or his/her official designee, is hereby authorized
to conduct inspections of any building suspected of being in violation
of this article to determine if any such violation exists, and take
such actions as may be required to enforce the provisions of this
article. Whenever a violation of this article has been determined
and reported by the building inspector or his/her designee, a public
hearing shall be held by the building standards commission to determine
whether a building or structure complies with the standards set out
in this article. A diligent effort shall be made by the city to determine
all owner(s), lienholder(s) and/or mortgagee(s). Once identified,
a notice of the hearing shall be sent to the occupant, if any, and
all record owner(s), lienholder(s) and/or mortgagee(s). Such notice
shall be in writing and shall be served by personal delivery or by
certified mail return receipt requested. Additionally, a copy of the
notice shall be posted on the front door of each affected structure
situated on the property or as close to the front door as practicable.
It is not necessary that the notice to the occupant of the property
list an occupant by name. Service of the notice may be accomplished
by the first class U.S. mail or by personal delivery to any occupant
of the property who is above the age of eighteen (18) years. The notice
shall include:
(1)
The names of all persons to whom the notice is being served;
(2)
The street address or legal description of the premises;
(3)
The date of the inspection;
(4)
The nature of the violation;
(5)
The date, time and location of the public hearing; and
(6)
A statement that the owner, lienholder, or mortgagee will be required
to submit at the hearing proof of the scope of any work that may be
required to comply with this article and the time it will take to
reasonably perform the work.
(b)
If
the city mails a notice in accordance with this article 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.
(c)
The
city satisfies the requirements of this article to make a diligent
effort, to use its best efforts, or to make a reasonable effort to
determine the identity and address of an owner, a lienholder, or a
mortgagee if the city searches the following records:
(Ordinance 460 adopted 12/8/16)
The date of the public hearing before the building standards
commission shall not be fewer than thirty (30) days from the date
of personal service or deposit of same in the U.S. mail, whichever
is earliest.
(Ordinance 460 adopted 12/8/16)
The city secretary shall file a notice of public hearing in
the county real property records at least ten (10) days before the
date of the public hearing. The notice of public hearing shall contain:
(1)
The
name and address of the owner of the affected real property, if that
information can be determined from a reasonable search of the instruments
on file with the county clerk;
(2)
A
legal description of the property; and
(3)
A
description of the hearing.
(Ordinance 460 adopted 12/8/16)
The filing of the notice of public hearing under section 3.03.010 of this article shall be binding upon subsequent grantees, lienholders, or other transferees of any interest in the property who acquire such interest after the filing of the notice, and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice.
(Ordinance 460 adopted 12/8/16)
The building standards commission shall conduct the public hearing
to determine compliance with the standards set out in this article.
At the public hearing, the owner, lienholder or mortgagee shall have
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.
(Ordinance 460 adopted 12/8/16)
(a)
If,
after a public hearing, the building standards commission finds that
a nuisance exists pursuant to this article, the building standards
commission shall require the owner, lienholder, or mortgagee of the
real property, building, structure or premises to within thirty (30)
days:
(1)
Secure the offending building or agricultural structure from unauthorized
entry; or
(2)
Abate the nuisance or repair, remove or demolish the building unless
the owner, mortgagee or lienholder establishes at the hearing that
the work cannot reasonably be performed within the thirty (30) days
allowed. The building standards commission 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.
(b)
If,
after the public hearing, a building, structure or premises is found
to be in violation of the standards set forth in this article, the
building standards commission may order that the building, structure,
or premises be vacated, secured, repaired, removed, or demolished
by the owner within a reasonable time as provided by this section.
The building standards commission also may order that the occupants
be relocated within a reasonable time, at the cost of the owner. The
building standards commission reserves the right to determine what
is a reasonable amount of time to perform the ordered work or what
is a reasonable amount of time to relocate occupants. In the event
the owner fails to comply with the order within the time provided
for action by the owner, the building standards commission may order
any of the mortgagees or lienholders of the building, structure, or
premises to be vacated, secured, repaired, removed, or demolished
to comply with the order within a reasonable time as provided by this
section. The building standards commission also may order that the
occupants be relocated within a reasonable time, at the cost of any
of the mortgagees or lienholders. Under this section, the city is
not required to furnish any notice to a mortgagee or lienholder other
than a copy of the order in the event the owner fails to timely take
the ordered action.
(c)
If
the owner, lienholder or mortgagee establishes at the public hearing
that the work cannot be reasonably completed within ninety (90) days
because of the scope and complexity of the work, and if the owner,
lienholder or mortgagee has submitted at the hearing a detailed plan
and time schedule, and the building standards commission allows the
owner, lienholder, or mortgagee more than ninety (90) days to complete
any part of the work required to abate the nuisance or repair, remove
or demolish the building or agricultural structure, the building standards
commission shall require the owner, lienholder or mortgagee to regularly
submit progress reports to the building standards commission through
the building official to demonstrate compliance with time schedules
for commencement and performance of the work and may require appearance
before the building official, the building standards commission, or
their designees, to demonstrate compliance. If the owner, lienholder,
or mortgagee owns property, including structures or improvements on
property, within the city’s boundaries that exceeds $100,000.00
in total value, the building standards commission 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 building
standards commission 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 building standards commission.
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 city issues
the order.
(d)
(e)
After
the public hearing, the city secretary shall promptly mail by certified
mail with return receipt requested, delivered by the United States
Postal Service using signature confirmation service, or personally,
deliver a copy of the order to the owner of the building and to any
lienholder, or mortgagee of the building. The city shall use its best
efforts to determine the identity and address of any owner, lienholder,
or mortgagee of the building, structure or premises.
(f)
If the building, structure or premises is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time, the city may vacate, secure, remove, or demolish the building or relocate the occupants at its own expense. This subsection does not limit the ability of the city to collect on a bond or other financial guaranty that may be required by subsection (c) of this section.
(Ordinance 460 adopted 12/8/16)
The following standards shall be followed by the building standards
commission in ordering the repair, vacation or demolition of any building,
structure, or premises, and any building, structure, or premises declared
a nuisance under this article shall be made to comply with one or
more of the following:
(1)
The
building, structure, or premises shall be repaired in accordance with
the current building code or other current codes applicable to the
type of substandard conditions requiring repair.
(2)
Repairs
shall be deemed feasible only if less than fifty percent (50%) of
the building or agricultural structure must be repaired or replaced,
and the repairs amount to less than fifty percent (50%) of the building
or agricultural structure’s value.
(3)
If
the building or agricultural structure is in such a condition as to
make it dangerous to the health, safety and welfare of the occupants,
it shall be ordered vacated and secured from unlawful entry.
(4)
If
the building or agricultural structure requires repairs over greater
than fifty percent (50%) of its surface or amounting to greater than
fifty percent (50%) of its value, it shall be demolished. Further,
if a building or agricultural structure cannot be repaired so that
it will be brought into compliance with this article, it shall be
demolished. Additionally, if the building or agricultural structure
as it stands presents an incurable fire hazard in violation of the
terms of this article or any ordinance of the city or statute of the
state, it shall be demolished. For the purpose of this article, the
term “demolished” includes the cleaning and grading of
the property and the removal of all debris and trash.
(5)
If the building or agricultural structure is not vacated, secured, repaired, removed or demolished, or the occupants are not relocated within the allotted time, the city may vacate, secure, remove or demolish the building or agricultural structure or relocate the occupants at its own expense, and may thereafter assess expenses, and establish a lien against the property, as set forth in section 3.03.020 of this article.
(6)
If, after the expiration of the time allotted under section 3.03.013 of this article, the owner, lienholder or mortgagee fails to comply, the city may do or cause to be done the repairs necessary to bring the building into compliance with this article and only if the building is a residential building with ten (10) or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds the minimum standards, as defined by this article, and expenses may be assessed as provided in section 3.03.020 of this article.
(Ordinance 460 adopted 12/8/16)
The enforcement officer, or his designated representative(s),
are hereby directed and authorized to administer and enforce the provisions
of this article. Nothing contained herein is meant to limit discretion
of any enforcement officer in evaluating and directing compliance
with this article.
(Ordinance 460 adopted 12/8/16)
The enforcement officer, or his designated representative(s),
acting in good faith and without malice in the discharge of his duties,
shall not thereby render himself personally liable for any damage
that may accrue to persons or property as a result of any act or by
reason of any act or omission in the discharge of his duties. Any
suit brought against the enforcement officer, or his designated representative(s),
because of such act or omission performed in the enforcement of any
provision of this article, shall be defended by legal counsel provided
by the city until final termination of such proceedings.
(Ordinance 460 adopted 12/8/16)
Nothing in this article shall prohibit the requirement for abatement
within twenty-four (24) hours, or a period of time less than as prescribed
herein for public hearings, notice thereof, or the recovery of costs
and establishment of liens, when a nuisance has been declared an immediate
threat to health and safety by any enforcement personnel.
(Ordinance 460 adopted 12/8/16)
To enforce any requirement of this article, any enforcement
personnel may gain compliance by any or all of the following:
(1)
Taking
such action as the enforcement officer deems appropriate within the
authorization provided for in this article or any other ordinances
of the city.
(2)
Causing
appropriate action to be instituted in a court of competent jurisdiction.
(3)
Ordering
the abatement of the nuisance and assessing the costs of abatement
against the property if the owner of the property does not abate same
after the required notice.
(4)
Any
other remedies permitted or authorized at law or in equity.
(Ordinance 460 adopted 12/8/16)
Whenever the property owner, agent, or tenant fails to abate
the nuisance within the time allowed, the enforcement officer is hereby
authorized to contract with a contractor to perform such work as may
be required to abate the nuisance.
(Ordinance 460 adopted 12/8/16)
(a)
Whenever
the city enters upon the premises and causes any work to be performed
to abate a nuisance, or if the building or agricultural structure
is not vacated, secured, repaired, removed, or demolished, or if the
occupants are not relocated within the allotted time, the city may
take such action at its own expense, and a charge will be made to
the property owner, agent, or tenant to recover the costs associated
with the abatement. The charge shall be the actual cost of abatement,
plus applicable sales taxes.
(b)
An
administrative fee of $200.00 shall be assessed for each such charge.
(c)
If the actual charge and the administrative fee are not paid to the city within thirty (30) days after billing, the city shall file a lien against the property. Said lien shall be filed in the deed records of the county. The charges shown on the lien shall bear interest at the rate of eight (8) percent per annum from the due date until paid. The lien shall be collected under the same terms and provisions of law as on city ad valorem taxes. The lien may be extinguished prior to foreclosure if the owner or other person having an interest in the legal title to the property reimburses the city for its expenses. If the notice is given pursuant to section 3.03.010, and the opportunity to abate the nuisance or repair, remove, or demolish the building or agricultural structure is afforded to each mortgagee or lienholder under said section 3.03.010 of this article, the lien is a privileged lien subordinate only to tax liens as authorized by Texas Local Government Code section 214.001(o).
(Ordinance 460 adopted 12/8/16)
(a)
Any
person violating or failing to comply with any provision, requirement
or order issued pursuant to this article shall be deemed guilty of
a misdemeanor and, upon conviction, shall be fined as provided in
the applicable city’s ordinances. A separate offense shall be
deemed committed upon each day during or on which a violation or failure
to comply occurs or continues to occur.
(b)
In
addition to any other remedies or penalties contained in this section,
the city may enforce the provisions of this article pursuant to the
applicable provisions of Texas Local Government Code, chapter 54,
which chapter provides for the enforcement of municipal ordinances.
(c)
Allegation
and evidence of a culpable mental state is not required for the proof
of an offense defined by this article.
(Ordinance 460 adopted 12/8/16)
Any owner, lienholder, or mortgagee aggrieved by an order of
the building standards commission issued under this article shall
be entitled to appeal the decision to a state district court pursuant
to section 214.0012 of the Texas Local Government Code, as amended.
A notice of appeal must be filed with the district court within thirty
(30) calendar days from the date the order is personally delivered
or mailed (in accordance with section 213.0012 of the Texas Local
Government Code) to the owner(s), lienholder(s), or mortgagee(s),
as provided herein. Upon the expiration of the thirty (30) calendar
day period, the decision of the building standards commission shall
become final. If applicable, the city shall be entitled to an award
of attorney’s fees, costs and expenses, and judgment therefor,
pursuant to and as authorized by section 214.0012(h) of the Texas
Local Government Code.
(Ordinance 460 adopted 12/8/16)
Action taken by the city pursuant to this article shall not
affect the ability of the city to proceed under the jurisdiction of
the city’s municipal court.
(Ordinance 460 adopted 12/8/16)
