(a)
Purpose.
It is the purpose of this article to provide a just, equitable,
and practical method, to be cumulative with and in addition to any
other remedy provided by the building code, electrical code, fire
code, mechanical code, plumbing code, V.T.C.A., Local Government Code,
ch. 214 or otherwise available at law, whereby buildings, as defined
herein, which from any cause endanger the life, limb, health, morals,
property, safety or welfare of the general public or their occupants
and may be required, following due process, to be repaired, vacated,
demolished, removed or secured. The purpose of this article is also
to provide minimum standards for the continued use and occupancy of
all structures to safeguard life, limb, health, property, and public
welfare.
(b)
Scope.
The provisions of this article shall apply to all buildings
which are hereinafter defined as dangerous or substandard buildings
whether now in existence or which may hereafter become dangerous.
(Ordinance 2197, sec. 1, adopted 1/23/2023)
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
means any building, fence, awning, canopy, sign, shed, garage,
house, tent or other structure whatsoever and the enumeration of specific
types of structures shall not be deemed to exclude other types of
structures to which the sense and meaning of the provisions hereof
in context reasonably have application.
means the national or international model codes, as adopted
and amended by the city in article II, codes adopted by reference
and article III, amendments to adopted codes of this chapter, and
shall include all other laws or regulations relating thereto.
means the person designated by the city council to enforce
this article.
means the municipal court judge.
(Ordinance 2197, sec. 1, adopted 1/23/2023)
(a)
General.
(1)
Administration.
The building official is hereby authorized
to enforce the provisions of this article. The building official shall
have the power to render interpretations of this article and to adopt
and enforce rules and supplemental regulations in order to clarify
the application of its provisions. Such interpretations, rules, and
regulations shall be in conformity with the intent and purpose of
this article.
(2)
Inspections.
The building official or his/her designee
is hereby authorized to make such inspections and take such actions
as may be required to enforce the provisions of this article.
(3)
Right of entry.
When it is necessary to make an inspection
to enforce the provisions of this article, or when the building official
or his/her designee has a reasonable cause to believe that there exists
in a building or upon a premise a condition which is contrary to or
in violation of this article which makes the building or premises
unsafe, dangerous, or hazardous, the building official or fire marshal
or his/her designee may enter the building or premises at reasonable
times to inspect or perform the duties imposed by this article, provided
that if such building or premises be occupied that credentials be
presented to the occupant and entry requested. If such building or
premises is unoccupied, the building official or his designee shall
first make a reasonable effort to locate the owner or other person
having charge or control of the building or premises and request entry.
If entry is refused, the building official shall have recourse to
the remedies provided by law to secure entry.
(b)
Abatement
of dangerous or substandard buildings.
All buildings
or portions thereof which are determined after inspection by the building
official to be dangerous or substandard as defined by this article
are hereby declared to be public nuisances and shall be abated by
repair, vacation, demolition, removal, or securing in accordance with
the procedures specified in this article.
(c)
Unlawful
to violate this article.
It shall be unlawful for any
person, firm, or corporation to erect, construct or use, occupy or
maintain any building that is deemed to be a nuisance or cause or
permit the same to be done in violation of this article.
(d)
Inspection
authorized.
All buildings within the scope of this article
and all construction or work for which a permit is required shall
be subject to inspection by the building official.
(Ordinance 2197, sec. 1, adopted 1/23/2023)
(a)
For
the purposes of this article, any building, regardless of the date
of its construction, which has any or all of the conditions or defects
hereinafter described shall be deemed to be a substandard building
and a nuisance:
(1)
Whenever
any building is dilapidated, deteriorated, decayed, damaged, substandard,
or unfit for human habitation and a hazard to the public health, safety,
and welfare in the opinion of the building official.
(2)
Whenever
a building, regardless of its structural condition, is 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.
(3)
Whenever
any building is boarded up, fenced or otherwise secured in any manner
if:
a.
The
building constitutes a danger to the public even though secured from
entry; or
b.
The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described in section 5-162(a)(2) above.
(4)
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 building official or fire marshal to be
a fire hazard.
(5)
Whenever
any building is in such a condition as to make a public nuisance known
to the common law or in equity jurisprudence.
(6)
Whenever
any portion of a building remains on a site after the demolition or
destruction of the building.
(7)
Whenever
any building is abandoned so as to constitute such building or portion
thereof an attractive nuisance or hazard to the public.
(8)
Any
building constructed and still existing in violation of any provision
the building code to the extent that the life, health or safety of
the public or any occupant is endangered.
(b)
For
the purposes of this article, any building, regardless of the date
of its construction, which has any or all of the conditions or defects
hereinafter described to an extent that endangers the life, limb,
health, property, safety, or welfare of the public or the occupants
thereof shall be deemed and hereby is declared to be a substandard
building and a nuisance:
(1)
Whenever
any door, aisle, passageway, stairway, or other means of exit is not
of sufficient width or size, or is not so arranged as to provide safe
and adequate means of exit in case of fire or panic.
(2)
Whenever
the walking surface of any aisle, passageway, stairway, or other means
of exit is so warped, worn, loose, torn, or otherwise unsafe as to
not provide safe and adequate means of exit in case of fire or panic.
(3)
Whenever
the stress in any materials or members, or portion thereof, due to
all dead and live loads, is more than one and one-half (1-1/2) times
the working stress or stresses allowed in the building code for new
buildings of similar structure, purpose, or location.
(4)
Whenever
any portion thereof has been damaged by fire, earthquake, wind, flood,
or by any other cause, to such an extent that the structural strength
or stability thereof is materially less than it was before such catastrophe
and is less than the minimum requirements of the building code for
new buildings of similar structure, purpose, or location.
(5)
Whenever
any portion, 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.
(6)
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 (1/2) 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.
(7)
Whenever
any portion thereof has wracked, warped, buckled, or settled to such
an extent that walls or other structural portions have materially
less resistance to winds or earthquakes than is required in the case
of similar new construction.
(8)
Whenever
the building, or any portion thereof, is likely to partially or completely
collapse because of:
(9)
Whenever,
for any reason, the building, or any portion thereof is manifestly
unsafe for the purpose for which it is being used.
(10)
Whenever the exterior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity does not fall inside the middle one-third (1/3)
of the base.
(11)
Whenever the building, exclusive of the foundation, shows thirty
three (33) percent or more damage or deterioration of its supporting
member or members, or fifty (50) percent or more damage or deterioration
of its non-supporting members, enclosing or outside walls or coverings.
(13)
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 the city,
as specified in the building code, or of any law or ordinance of this
state or city relating to the condition, location or structure of
buildings.
(14)
Whenever any building which, whether or not erected in accordance
with all applicable laws and ordinances, has in any non-supporting
part, member or portion less than fifty (50) percent, or in any supporting
part, member or portion less than sixty-six (66) percent of the:
(15)
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 building official to be unsanitary,
unfit for human habitation or in such a condition that is likely to
cause sickness or disease for reasons including, but not limited to,
the following:
a.
Lack of, or improper water closet, lavatory, bathtub, or shower in
a dwelling unit or lodging house.
b.
Lack of, or improper water closets, lavatories and bathtubs or showers
per number of guests in a hotel.
c.
Lack of, or improper kitchen sink in a dwelling unit.
d.
Lack of hot and cold running water to plumbing fixtures in a hotel.
e.
Lack of hot and cold running water to plumbing fixtures in a dwelling
unit or lodging house.
f.
Lack of adequate heating facilities.
g.
Lack of, or improper operation of, required ventilating equipment.
h.
Lack of minimum amounts of natural light and ventilation required
by this or other applicable codes and ordinances of the city.
i.
Room and space dimensions less than required by the Building Code.
j.
Lack of required electrical lighting.
k.
Dampness of habitable rooms.
l.
Infestation of insects, vermin, or rodents.
m.
General dilapidation or improper maintenance.
n.
Lack of connection to required sewage disposal system.
o.
Lack of adequate garbage and rubbish storage and removal facilities.
(Ordinance 2197, sec. 1, adopted 1/23/2023)
When the building official has inspected or caused to be inspected
any building that he/she has reason to believe may constitute a substandard
building and has found and determined that the building is substandard,
the building official may take any or all of the following actions,
as he or she deems appropriate:
(a)
Issue
notice to the record owner that the building is substandard and must
be repaired or demolished; or
(b)
Issue
citation(s) for violation(s) of this article; or
(Ordinance 2197, sec. 1, adopted 1/23/2023)
(a)
Commencement
of proceedings.
When the building official has found
and determined that a building is a substandard building, the building
official shall commence proceedings to cause the repair, relocation
of occupants, removal, demolition, or securing of the building by
first submitting a written report to city council that identifies
the subject property, specifies any substandard conditions thereon,
and provides the building official's recommendation(s) for remedial
and/or punitive action(s).
(b)
Public
hearing to be held.
Except when the city council finds that a building is likely to immediately endanger persons or property, a public hearing before city council shall be conducted by the hearing officer to determine whether a building complies with the standards set out in section 5-162. If, following the public hearing, the city council determines that the building constitutes an immediate danger, the procedures set forth in section 5-171(b) shall be followed.
(c)
Notice.
Not less than ten (10) days prior to the date on which the hearing
is set, the building official shall issue a notice of the public hearing
directed to the record owner of the building, and to all mortgagees
and lienholders. The city shall use diligent efforts to determine
the identity and address of any owner, lienholder, or mortgagee of
the building through searching the county real property records of
the county in which the building is located; appraisal district records
of the appraisal district in which the building is located; records
of the secretary of state; assumed name records of the county in which
the building is located; tax records of the city; and utility records
of the city. The notice shall contain:
(1)
The
name and address of the record owner;
(2)
The
street address and a legal description sufficient for identification
of the premises upon which the building is located;
(3)
A statement that the building official has found the building to be substandard or dangerous, with a description of the conditions found to render the building dangerous or substandard under the provisions of section 5-163;
(4)
A
statement that the owner, lienholder or mortgagee will be required
to submit at the hearing proof of the scope of any work that may be
required to comply with this article and the time it will take to
reasonably perform the work;
(5)
Notice
of the time and place of the public hearing; and
(6)
A
statement that if the building is found to be in violation of this
article the city council may order that the building be vacated, secured,
repaired, removed, or demolished within a reasonable time.
(d)
Additional
notice of public hearing.
Prior to the public hearing, the city may file a copy of the notice mailed pursuant to section 5-165(c) above in the official public records of real property in the county in which the property is located. If such notice is not filed of record, each identified mortgagee and lienholder must be notified of any abatement order issued by the city council following the public hearing, prior to any remedial action by the city.
(e)
Burden
of proof.
At the public hearing the owner, lienholder
or mortgagee has the burden of proof to demonstrate the scope of any
work that may be required to comply with this article and the time
it will take to reasonably perform the work.
(f)
Conduct
of public hearing.
At the public hearing, the owner of
the building and all other interested persons may make their appearance
and be heard. Any evidence may be received and considered by the hearing
officer. The hearing may be adjourned from day to day or continued
upon order of the city council.
(Ordinance 2197, sec. 1, adopted 1/23/2023)
(a)
Action
by city council.
The action of the city council shall
be final, subject to judicial review in accordance with V.T.C.A.,
Local Government Code § 214.0012.
(b)
Findings
of the city council.
If the city council, by a majority vote, finds upon evidence presented at the public hearing that the building is in violation of standards set out in section 5-162, the city council may order that the building be repaired, vacated, removed or demolished, secured or the occupants relocated by the owner, mortgagee or lienholder within a reasonable time as provided herein.
(c)
Time
allowed to complete work.
(1)
The
order must require the owner of the building to within thirty (30)
days, and the lienholder or mortgagee to within an additional thirty
(30) days if the owner does not comply:
(2)
If
the city council allows the owner, lienholder, or mortgagee more than
thirty (30) days to repair, remove or demolish the building, the city
council shall establish specific time schedules for the commencement
and performance of the work and shall require the owner, lienholder
or mortgagee to secure the property in a reasonable manner from unauthorized
entry while the work is being performed, as determined by the city
council.
(3)
The
city council may not allow the owner, lienholder or mortgagee more
than ninety (90) days to repair, remove or demolish the building or
fully perform all work required to comply with the order unless the
owner, lienholder or mortgagee:
a.
Submits
a detailed plan and time schedule for the work at the hearing;
b.
Said
detailed plan has been reviewed by the building official and deemed
adequate to abate the nuisance, hazard or otherwise bring about compliance
with all applicable codes and ordinances; and
c.
Establishes
at the hearing that the work cannot be reasonably completed within
ninety (90) days because of the scope and complexity of the work.
(4)
If
the city council 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 building, the city council shall require the
owner, lienholder, or mortgagee to regularly submit progress reports
to the building official to demonstrate that the owner, lienholder,
or mortgagee has complied with the time schedules established for
the commencement and performance of the work. The order may require
that the owner, lienholder, or mortgagee appear before the city council
or the building official to:
a.
Demonstrate
compliance with time schedules; and
b.
If
the owner, lienholder, or mortgagee owns the property, including structures
and improvements on property within the city's boundaries that exceeds
one hundred thousand dollars ($100,000.00) to post cash or surety
bond or letter of credit or third party guaranty in an amount sufficient
to cover the cost of the work ordered by the city council in the event
that the owner fails to complete the work as ordered by the city council.
(5)
All
orders of the city council must allow a lienholder or mortgagee at
least thirty (30) additional days to complete the ordered work in
the event the owner fails to comply with the order within the time
provided for action by owner, prior to remedial action by the city.
(d)
Contents
of order.
The order of the city council must contain
at minimum:
(1)
An
identification, which is not required to be a legal description, of
the building and the property on which it is located; and
(2)
A
description of the violation of minimum standards present in the building;
and
(3)
A
description of the ordered actions, including a statement that the
owner may repair, if feasible or demolish or remove at his option;
and
(4)
A
statement that the city will vacate, secure, remove or demolish the
building or relocate the occupants of the building if the ordered
action is not taken within the time allowed, and charge the costs
to the property; and
(5)
If
the city council has determined that the building will endanger persons
or property and that the building is a dwelling with ten (10) or fewer
dwelling units, a statement that the city may repair the building
and charge the costs to the property if the ordered action is not
taken within the time allowed.
(Ordinance 2197, sec. 1, adopted 1/23/2023)
(a)
Order
shall be mailed.
After the public hearing, the building
official shall promptly mail, by certified mail, return receipt requested,
a copy of the order to the record owner of the building, and each
identified lienholder and mortgagee of the building.
(b)
Order
shall be filed with city secretary.
Within ten (10) days
after the date that the order is issued by the city council, the building
official shall file a copy of the order in the office of the city
secretary.
(c)
Order
shall be published.
Within ten (10) days after the date
the order is issued by the city council, the building official shall
publish in a newspaper of general circulation within the city a notice
containing:
(d)
Filing
of order.
The order may be filed in the official public
records of real property in the county in which the property is located.
(Ordinance 2197, sec. 1, adopted 1/23/2023)
(a)
If
order not complied with, city may take action.
If the
building is not vacated, secured, repaired, removed, or demolished
within the time specified by the order, the city may vacate, secure,
repair, remove or demolish the building or relocate the occupants
and recover all costs, provided, however:
(1)
The
city may not act to remove or demolish a building until after the
city council has found:
a.
That
such defects or conditions exist to the extent that the life, health,
property or safety of the public or the occupants of the building
are endangered; and
(2)
The
city may only repair a building as provided herein to the extent necessary
to correct the conditions which render the building dangerous, and
may not act to repair a building unless:
(3)
In
the event there are mortgagors or lienholders, the city may only repair,
remove or demolish the building after allowing the lienholder or mortgagee
an additional thirty (30) days after the time prescribed in the order
has expired to complete the required work.
(b)
Posting
of notice to vacate building.
If the order requires vacation
or if compliance is not had with the order within the time specified
therein, the building official is authorized to require that the building
be vacated. Notice to vacate shall be mailed by certified mail, return
receipt requested to the occupant of the building and it shall be
posted at or upon each entrance to the building and shall be in substantially
the following form:
|
SUBSTANDARD BUILDING
DO NOT ENTER
UNSAFE TO OCCUPY
|
|
It is a misdemeanor to occupy this building or to remove or
deface this notice.
|
|
____________________________
Building Official
City of Alamo Heights
|
(c)
Remedial
action by city.
Any repair work or demolition work, or
securing of the building shall be accomplished and the cost thereof
paid and recovered in manner hereinafter provided. Any surplus realized
from the sale of such building, or from the demolition thereof, over
and above the cost of demolition and cleaning of the lot, shall be
paid over to the person or persons lawfully entitled thereto.
(d)
Failure
to obey order.
Any person to whom an order pursuant to section 5-166 is directed who fails, neglects, or refuses to comply with such order shall be guilty of a misdemeanor and may be prosecuted in municipal court in addition to any other remedies available to the city provided herein or by law or equity.
(e)
Interference
prohibited.
No person shall 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 the building which has been ordered, repaired, vacated, demolished,
removed or secured under the provisions of this ordinance; or with
any person to whom such building has been lawfully sold pursuant to
the provisions of this article, whenever such officer, employee, contractor
or authorized representative of the city, person having an interest
or estate in such building, or purchaser is engaged in the work of
repairing, vacating and repairing or demolishing, removing or securing
any such building pursuant to the provisions of this ordinance, or
in performing any necessary act preliminary to or incidental to such
work or authorized or directed pursuant to this article.
(f)
Permit
required.
Any work of closure, repair, removal or demolition
by the property owner or any lienholder or mortgagee or their agents
must be performed pursuant to valid unexpired permits issued by the
city. All permits issued pursuant to the order of the city council
shall expire upon expiration of the time for compliance set forth
in the order.
(Ordinance 2197, sec. 1, adopted 1/23/2023)
(a)
Procedure.
When any work of repair, removal, demolition, or securing is
to be performed by the city pursuant to the provisions of any order
of the city council, the work may be accomplished by city personnel
or by private contract as may be deemed necessary. Rubble and debris
shall be removed from any premises and the lot cleaned if removal
or demolition is ordered. The building or building materials may be
sold if removal or demolition is ordered and the proceeds shall be
used to offset other costs of the work.
(b)
Costs.
The cost of such work shall be paid from city funds and shall
constitute a special assessment and a lien shall be duly filed as
provided in this subsection against such property to secure payment
thereof, together with ten (10) percent interest per year on such
amount from the date of the assessment.
(c)
Repair
to minimum standards only.
In the event repair by the
city is permitted by this ordinance, the city may repair the building
at its own expense and assess the expenses on the land on which the
building stands or is attached to only to the extent necessary to
bring the building into compliance with minimum standards.
(Ordinance 2197, sec. 1, adopted 1/23/2023)
(a)
Itemized
account and notice of lien.
The building official shall
keep an itemized account of the expenses incurred by the city in the
securing, repair, removal, or demolition of any building pursuant
to this article. Upon completion of the work, the building official
shall prepare and file with the city secretary a sworn account and
notice of lien containing the following information:
(1)
The
name and address of the owner if that information can be determined
with a reasonable effort;
(2)
A
legal description of the real property on which the building is or
was located;
(3)
The
type of work performed; and
(4)
The
amount of expenses incurred by the city in performing the work and
the balance due.
(b)
Notice
filed in county records.
The city secretary shall file
the notice of lien along with a copy of the order of abatement issued
by the city council in the deed records of the county in which the
premises are located.
(c)
Personal
obligation of property owner.
The expenses incurred by
the city as set forth in the sworn account of the building official
shall be a personal obligation of the property owner in addition to
a priority lien upon the property. The city attorney may bring an
action in any court of proper jurisdiction against the owner or property
to recover the costs incurred by the city.
(d)
Lien
shall be valid and privileged.
Upon filing of the notice
of lien in the deed records of Bexar County, Texas, the lien shall
be valid against the property so assessed. The lien shall be privileged
and subordinate only to tax liens, existing special assessment liens
and shall be paramount to all other liens. The lien shall continue
until the assessment and all interest due and payable thereon has
been paid.
(e)
Assessment
must be paid.
No utility service, building permit or
certificate of occupancy shall be allowed on such property until the
assessment is paid and such lien is released by the city.
(f)
Release
of lien.
After the expenses incurred by the city, as
set forth in the sworn account of the building official, have been
fully paid with interest of ten (10) percent per annum from the date
the expenses were assessed against the property, the building official
shall execute a release of lien which shall be filed in the deed records
of Bexar County.
(g)
Homesteads.
If the subject property is a considered a homestead, the city
shall not take any legal action to foreclose upon a lien established
under this section.
(Ordinance 2197, sec. 1, adopted 1/23/2023)
(a)
Securing
of unoccupied substandard building.
Notwithstanding any
other provisions of this article the city may secure a building if
the building official determines:
(b)
If
building creates immediate danger.
Notwithstanding any
other provisions of this article, if the city council finds that a
building is likely to immediately endanger persons or property the
city council may:
(1)
Order
the owner of the building, the owner's agent, or the owner or occupant
of the property on which the structure is located to repair, remove
or demolish the structure, or the dangerous part of the structure,
within a specified time; or
(2)
Repair,
remove or demolish the structure, or the dangerous part of the structure,
at the expense of the municipality, on behalf of the owner of the
structure or the owner of the property on which the structure is located,
and assess the repair, removal or demolition expenses on the property
on which the structure was located.
(c)
Notice
of action.
Before the eleventh (11th) day after the date the building is secured pursuant to subsection 5-171(a) above, or action is ordered pursuant to subsection 5-171(b)(1) above, or the building is repaired, removed or demolished pursuant to subsection 5-171(b)(2) above, the building official shall give notice to the owner by:
(1)
Personally
serving the owner with written notice; or
(2)
Depositing
the notice in the United States mail addressed to the owner at the
owner's post office address; or
(3)
Publishing
the notice at least twice within a ten (10) day period in a newspaper
of general circulation in the county in which the building is located,
if personal service cannot be obtained and the owner's post office
address is unknown; or
(4)
Posting
the notice on or near the front door of the building if personal service
cannot be obtained and the owner's post office address is unknown;
and
(5)
In
addition to the above, depositing notice in the United States mail
to all lienholders and mortgagees who can be determined from a reasonable
search of instruments on file in the office of the county clerk.
(d)
Content
of notice.
The notice must contain:
(1)
An
identification, which is not required to be a legal description, of
the building and the property on which it is located;
(2)
A
description of the violation of the minimum standards present in the
building;
(3)
A statement that the city will secure or has seemed. as the case may be. the building or that the city has taken or will take the action ordered pursuant to subsection 5-171(b) above;
(4)
An
explanation of the owner's entitlement to request a hearing about
any matter relating to the city's securing, removing, demolishing
or repairing of the building.
(e)
Hearing.
The city council, by and through the hearing officer, shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the city's securing, repairing, removing or demolishing of the building, if, within thirty (30) days after the date the city has taken action pursuant to subsections 5-171(b)(1) or 5-171(b)(2) above, the owner files with the city a written request for the hearing. The hearing shall be conducted within twenty (20) days after the date the request is filed.
(g)
Violation.
It shall be unlawful to fail to comply with an order issued
pursuant to this section.
(Ordinance 2197, sec. 1, adopted 1/23/2023)
(a)
Civil
penalty authorized.
In addition to any other enforcement authority provided for by law, the city council may, by order, at an administrative hearing assess a civil penalty against a property owner as provided for herein for failure to comply with an order issued by the city council pursuant to section 5-166.
(b)
Showing
required.
The civil penalty may be assessed if it is
shown at the administrative hearing that:
(c)
Amount
of penalty.
The civil penalty may be assessed in an amount
not to exceed five hundred dollars ($500.00) a day for each violation
or, if the owner shows that the property is the owner's lawful homestead,
in an amount not to exceed ten dollars ($10.00) a day for each violation.
(d)
Notice
of administrative hearing.
Not less than ten (10) days
prior to the date on which the administrative hearing is set, the
property owner shall be sent a notice of the hearing by certified
mail/return receipt requested. The notice shall contain:
(2)
A
statement that the building official has determined that the property
owner committed an act in violation of that order, or failed to take
an action necessary for compliance with that order;
(3)
A
statement that at the administrative hearing the city council may
assess a civil penalty not to exceed one dollar ($1.00) a day for
each violation or, if the owner shows that the property is the owner's
lawful homestead, in an amount not to exceed ten dollars ($10.00)
a day for each violation; and
(4)
Notice
of the time and place of the hearing.
(e)
Copy
of order filed with district clerk.
After the civil penalty
is assessed, the city secretary shall file with the district clerk
of the county in which the property is located, a certified copy of
the order assessing the civil penalty stating the amount and duration
of the penalty.
(f)
Enforcement.
The civil penalty may be enforced by the city in a suit brought
by the city in a court of competent jurisdiction for a final judgment
in accordance with the assessed penalty. A civil penalty under this
section is final and binding and constitutes prima facie evidence
of the penalty in any suit.
(Ordinance 2197, sec. 1, adopted 1/23/2023)
