The city established ordinances subject to quasi-judicial enforcement
according to the Texas Local Government Code, sections 54.031 through
54.042, for the purpose of implementation of said ordinances pertaining
to the following:
(1) For
the preservation of public safety, relating to materials used for
new buildings or the improvement of existing structure(s), including
the foundation, structural elements, electrical wiring or apparatus,
plumbing and fixtures, entrances, or exits;
(2) Relating
to the fire safety of a building or improvement, including provisions
relating to materials, types of construction or design, warning devices,
availability of water supply for extinguishing fires, or location,
design or width of entrance or exits;
(3) Relating
to dangerously damaged or deteriorated buildings or improvements;
or
(4) Relating
to conditions caused by accumulations of refuse, vegetation, or other
matter that creates breeding and living places for insects and rodents.
(Ordinance 240-040407, sec. 1, adopted 3/3/08)
The position of a code enforcement official is hereby created
in order to accomplish the following:
(1) To
identify buildings, structures, or premises as deemed to be a hazard
to the health, safety and welfare of the citizens;
(2) To
recommend to the city council action to be taken on buildings, structures
or premises that are hazardous to the welfare of the citizens; and
(3) To
interpret the adopted ordinance(s) regarding the building standards
as set out by the governing body of the city, in accordance with the
Texas Local Government Code, section 214.001 and sections 54.031 through
54.042.
(Ordinance 240-040407, sec. 2, adopted 3/3/08)
(a) The
governing body of the city may provide for the appointment of a code
enforcement official to determine cases concerning alleged violations
of ordinances.
(b) A
code enforcement official appointed for the purpose of presenting
cases to the city council under the provisions of the Texas Local
Government Code shall consist of one person to be appointed for serving
the city.
(c) The
governing body of the city, hereby known as the appointing authority,
may remove a code enforcement official for cause on a written charge.
Before a decision regarding removal is made, the appointing authority
must hold a public hearing on the matter if requested by the subject
to the removal action.
(d) A
vacancy shall be filled by the appointing authority.
(Ordinance 240-040407, sec. 3, adopted 3/3/08)
(a) All
hearings are held by the city council and at least four members of
the city council must hear the case.
(b)
(1) A majority of the entire city council shall adopt rules for the code
enforcement in accordance with any ordinances adopted prior to the
appointment of a code enforcement official and according to the laws
of the state as listed in the Texas Local Government Code.
(2) The rules shall establish procedures for use in hearings providing
ample opportunity for presentation of evidence and testimony by respondents
or persons opposing charges brought by the municipality or its building
officials relating to alleged violations of ordinances.
(c) The
city’s governing body shall designate the appropriate official
of the municipality who shall present all cases before the city council.
(d) All
meetings of the city council and code enforcement official shall be
open to the public.
(e) The
mayor, or in the mayor’s absence each acting chairman, may administer
oaths and compel the attendance of witnesses.
(f) The
minutes and records shall be filed immediately in the appropriate
office of the code enforcement official or municipality as public
records.
(Ordinance 240-040407, sec. 4, adopted 3/3/08)
(a) Required.
Notice of all proceedings before the city
council must be given:
(1) By certified mail, return receipt requested, to the record owners
of the affected property, and each holder of a recorded lien against
the affected property, as shown by the records in the office of the
county clerk of the county in which the affected property is located,
if the address of the lienholder can be ascertained from the deed
of trust establishing the lien and/or other applicable instruments
on file in the office of the county clerk; and
(2) To all unknown owners, by posting a copy of the notice on the front
door of each improvement situated on the affected property or as close
to the front door as practicable.
(b) Mailing, posting and publication.
The notice shall be
mailed and posted on or before the 10th day before the date of the
hearing before the city council and must state the date [of the hearing
and] 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.
(c) Filing in public records.
(1) The city council may file notice of a proceeding in the official
public records of real property in the city or county in which the
affected property is located.
(2) The filing of the notice shall be binding or subsequent grantees,
lienholders, or other transferees of an interest in the property who
acquire such interest after the filing of notice and constitutes notice
of the proceeding on any subsequent recipient of any interest in the
property who acquires such interest after the filing of the notice.
(Ordinance 240-040407, sec. 5, adopted 3/3/08)
(a) The
code enforcement official is hereby charged with the duty and invested
with the authority to act regarding the following.
(b) The
city council, upon the code enforcement official’s recommendations,
may:
(1) Authorize the repair, within a fixed period, of buildings found to
be in violation of an ordinance;
(2) Declare a building substandard in accordance with the powers granted
by this article and the recommendations of the code enforcement official;
(3) Order, in an appropriate case, the immediate removal of persons or
property found on private property, enter on private property to secure
the removal if it is determined that conditions exist on the property
that constitute a violation of the building standards ordinance, and
order action to be taken as necessary to remedy, alleviate, or remove
any substandard building found to exist under the laws of the state
and of the city;
(4) Formulate a plan that may be deemed best to carry out the guidelines
of the building standards ordinance, hold public hearings and make
recommendations relating to the implementation of the regulations
of the ordinance;
(5) Issue orders or directives to any peace officer of the state, including
a sheriff or constable or the chief of police of the municipality,
to enforce and carry out the lawful orders or directives of the city
council; and
(6) Determine the amount and duration of the civil penalty the municipality
may recover as provided by the Texas Local Government Code, section
54.017.
(c) The
code enforcement official shall submit each month a progress report
to the city council summarizing his activities and major work programs
for the coming year.
(Ordinance 240-040407, sec. 6, adopted 3/3/08; Ordinance adopting 2023 Code)
(a) A determination made under section
2.05.006 of this article is final and binding and constitutes prima facie evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the municipality for final judgment in accordance with the established penalty.
(b) To
enforce any civil penalty, the municipal secretary or code enforcement
official must file with the district clerk of the county in which
the municipality is located a certified copy of the order of the city
council establishing the amount and duration of the penalty. No other
proof is required for a district court to enter final judgment on
the penalty.
(Ordinance 240-040407, sec. 7, adopted 3/3/08)
(a) A majority vote of the city council is necessary to take any action under section
2.05.007 [2.05.006] of this article and according to the laws of the state.
(b) A
motion may be made by any council member other than the presiding
officer.
(c) A
motion to approve any matters before the city council or to recommend
approval of any request requiring city council action shall require
two-thirds (2/3) of the favorable votes of all members present. When
fewer than all members are present for the voting and when all motions
to recommend on a given item shall be continued due to this rule beyond
the next regular meeting, failure of the council to secure two-thirds
(2/3) of the concurring votes to approve or recommend approval at
the next regular meeting shall be recorded in the minutes as a denial
of the proposal under this rule.
(Ordinance 240-040407, sec. 8, adopted 3/3/08; Ordinance adopting 2023 Code)
(a) A
council member of the governing body shall disqualify himself from
voting whenever he finds that he has a personal or monetary interest
in the property under appeal, or that he will be directly affected
by the decision of the city council.
(b) A
member may disqualify himself from voting whenever any applicant,
or his agent, has sought to influence the vote of the member on his
property other than in the public bearing.
(Ordinance 240-040407, sec. 9, adopted 3/3/08; Ordinance adopting 2023 Code)
(a) Any
owner, lienholder or mortgagee of record jointly or severally aggrieved
by any decision by the city council based upon the code enforcement
official’s recommendations may present a petition to a district
court, duly verified, setting forth that the decision is illegal,
in whole or in part, and specifying the grounds of the illegality.
(b) The
city council may be requested by the court to review their decision.
(c) It
is sufficient for the code enforcement official to return certified
or sworn copies of the papers or of parts of the papers as may be
called for by the court by writ.
(d) Costs
may not be allowed against the city council or the code enforcement
official.
(e) If
the decision of the city council after a hearing is not substantially
reversed but only modified, the district court shall allow to the
municipality all attorney’s fees and other costs and expenses
incurred by it and shall enter a judgment for those items, which may
be entered against the property owners as well as all persons found
to be in occupation of the property subject to the proceedings before
the city council.
(Ordinance 240-040407, sec. 10,
adopted 3/3/08; Ordinance adopting
2023 Code)
(a) The
local government or code enforcement official through proper legal
methods may have an abstract of judgment issued against all parties
found to be the owners of the subject property or in possession of
that property.
(b) A
lienholder does not have standing to bring a proceeding under this
article on the ground that the lienholder was not notified of the
proceedings before the city council or was unaware of the condition
of the property, unless the lienholder had first appeared before the
city council in a bearing and entered an appearance in opposition
to the proceedings.
(Ordinance 240-040407, sec. 11,
adopted 3/3/08)
If no appeals are taken from the decision of the city council
in a hearing within the required period, the decision of the council
is, in all things, final and binding.
(Ordinance 240-040407, sec. 12,
adopted 3/3/08)
By this article and the laws so stated in the Texas Local Government
Code, section 54.042, the procedures of the municipality are not affected
to proceed under the jurisdiction of the municipal court.
(Ordinance 240-040407, sec. 13,
adopted 3/3/08)