ARTICLE I IN GENERAL

Establishment of districts and boundaries.

There are hereby established the first fire district and the second fire district of the city each being defined by geographical area, respectively, as follows:

First fire district.

Beginning at the intersection of the north boundary of West Tyler Street with the centerline of the Missouri-Pacific Railroad right-of-way; thence proceeding east along the north boundary of Tyler Street to its intersection with the west boundary of Fourth Street; thence proceeding north along the west boundary of Fourth Street to its intersection with the south boundary of Monroe Street; thence proceeding west along the south boundary of Monroe Street to its intersection with the east boundary of Third Street; thence proceeding north along the east boundary of Third Street to its intersection with the centerline of an alley running east and west between Monroe Street and Madison Street; thence proceeding west along the centerline of said alley to the centerline of First Street; thence north along the centerline of First Street to its intersection with the centerline of Madison Street; thence west along the centerline of Madison Street past its intersection with Commerce Street in a straight line to the intersection of such straight line and the centerline of Missouri-Pacific Railroad right-of-way; thence proceeding southeast along the centerline of the Missouri-Pacific Railroad right-of-way to the point of beginning, being its intersection with the north boundary of Tyler Street.

Second fire district.

Beginning at the intersection of the north boundary of West Tyler Street with the centerline of the Missouri-Pacific Railroad right-of-way; thence proceeding northwest along the centerline of the Missouri-Pacific Railroad right-of-way to the point where such right-of-way line intersects with the curved southwest boundary of the Missouri-Pacific Railroad right-of-way area constituting the so-called "Y"; thence in a westerly direction along the alley between West Monroe and West Jackson Avenues to the centerline of "F" Street; thence north on "F" Street to the centerline of the Missouri-Pacific Railroad right-of-way; thence along the centerline of the Missouri-Pacific Railroad right-of-way to its intersection with the east boundary of Canal Lateral No. 1 of Cameron County Water Control and Improvement District No. 1; thence continuing south along the east boundary of said Canal Lateral No. 1 right-of-way to its intersection with the north boundary of West Tyler Street; thence continuing east along the north boundary of Tyler Street to the point of beginning, being the intersection of the north boundary of said Tyler Street with west boundary of said Missouri-Pacific Railroad right-of-way.

Applicability of codes to districts.

The first fire district and second fire district are herewith both designated, defined, and created as being the fire district as referred to in the building code of the city. All of the regulations, restrictions, prohibitions, and other provisions of such codes applying to fire districts shall be and the same are herewith determined to apply to and to be enforced in the respective fire districts.

(Code 1973, § 8-1; Code 1997, § 150.001; Ordinance 67-19, adopted 7/19/1967; Ordinance 80-65, adopted 7/2/1980; Ordinance 89-1, adopted 1/4/1989; Ordinance 90-4, adopted 1/3/1990)

§ 103-2 (Reserved) [1]

[1]

Editor's note — Former § 103-2, which pertained to restriction on permits for storage or dispensation facilities for certain fuels and derived from Code 1973, § 8-5; Code 1997, § 150.003; Ordinance 79-45, adopted 9/4/1979, was repealed 9/2/2020 by Ordinance 2020-26.

§ 103-3 Registration of contractors.

Registration required.

All contractors, including, but not limited to, general contractors, electricians, air conditioning contractors, house movers, plumbing and gas contractors, swimming pool contractors, sign contractors and installers, sidewalk contractors and installers and contractors making "curb cuts," who perform work inside the city limits, are required to register with the office of the chief building official on the form known as Exhibit X attached to Ordinance No. 99-60 on file and available for public inspection in the office of the city secretary. Registration pursuant hereto shall be renewed on an annual basis.

Registration fee

. This subsection does not apply to plumbing contractors or licensed electricians. A fee as established in the city fee schedule in chapter 18 shall be collected from all contractors that employ other persons or corporations. A fee as established in the city fee schedule shall be collected from all contractors that do not employ and/or supervise other trades. The fee collected is to cover administrative costs associated with initial registration and renewals thereof. The fee to renew existing registrations shall be as established in the city fee schedule for each annual renewal for all contractors.

(c)

File to be maintained.

The office of the chief building official shall maintain a file on each registered contractor containing his registration form, copies of each building permit issued to said contractor and a list of complaints against and violations committed by the contractor, as well as measures undertaken by the contractor to correct violations.

(d)

Denial, suspension, or revocation of registration.

The chief building official may deny, suspend, or revoke a contractor's registration based upon any of the following:

Failure to provide information requested in the registration application;

Providing false information in the registration application;

Revocation, suspension, or denial of a contractor's state or other applicable license;

Failure to provide proper installation, service, and structural or mechanical integrity;

Misrepresenting the necessary services, services to be provided or services that have been provided;

§ 103-4 Abatement of substandard structures.

Making a fraudulent promise to influence, persuade, or induce an individual to contract for services; or

(7)

Moving or tampering with original survey pins.

(e)

Notice of revocation or denial.

Whenever a determination is made by the chief building official to revoke or deny a contractor's registration for any of the reasons set forth in subsection (d) of this section, notice of such determination shall be sent to the contractor by certified mail, return receipt requested, to the address stated on his application for registration no more than three business days after such determination is made. If a determination is made to revoke or deny an air conditioning or refrigeration control contractor's license, the chief building official shall notify the commissioner of the state department of labor and standards of such a determination no later than ten days thereafter.

(f)

Appeal.

A contractor whose registration is revoked or denied shall have ten calendar days from the date of receipt of the notice provided for in subsection (e) of this section to appeal such revocation or denial to the city commission. If the city commission upholds the chief building official's determination to revoke or deny registration, the contractor may appeal the city commission's decision to district court within 15 calendar days after such decision is made.

(g)

Violation.

Contractors that fail to maintain current registration with the city as well as those whose registration has been revoked or denied shall not be permitted to work in the city.

(Code 1973, § 8-7; Code 1997, § 150.004; Ordinance 91-8, adopted 2/20/1991; Ordinance 94-15, adopted 3/16/1994; Ordinance 96-3, adopted 1/17/1996; Ordinance 98-10, adopted 3/18/1998; Ordinance 99-60, adopted 9/8/1999; Ordinance 02-75, adopted 8/21/2002; Ordinance 2017-33, § I, adopted 9/5/2017)

Construction board of adjustments and appeals

Definitions.

For purposes of this section, the following terms shall have the meanings given below:

Alterations

means any construction, addition, renovation, or modification to an existing structure, including any change in the structural members of a building, such as walls or partitions, columns, beams or girders; and may be referred to as "altered" or "reconstructed."

Approved

means having the approval of the code compliance officer as the result of an investigation and tests that the code compliance officer conducted or by reason of accepted principles or tests by national authorities, technical, or scientific organizations; or having the approval of the appropriate enforcement official of the city as being represented by the applicant in compliance with the standards and requirements of this code or ordinance of the city that applies specifically to the item in question; or other customary approvals reserved to the city by state law or city ordinance.

Building

means any structure, either temporary or permanent, having a roof or other covering, that is designed or used for the shelter or enclosure of any person, animal, or property of any kind, including tents, awnings, or vehicles situated on private property and used for purposes of a building.

Code compliance officer

shall refer to the city compliance officer designated to issue permits and inspect buildings or construction including permits and inspections related to the enforcement of this chapter, and to administer and enforce city building codes and regulations.

City

means the City of Harlingen.

Commercial building

means any building or structure that is used or designed to be used, in whole or in part, for retail or wholesale business, industrial, manufacturing, storage, religious, educational, amusement, entertainment, health, professional, scientific, office, or other business purposes. "Commercial buildings" are a type of nonresidential building.

Construction

means any clearing of land, excavation, or other action that would adversely affect the natural environment of the site. This definition does not include uses in securing survey or geological data such as necessary borings to ascertain subsurface conditions.

means that board established in section 103-35 of the City of Harlingen Code of Ordinances.

Dwelling

means the entirety or any portion of any building that is not an "apartment house," or "lodging house," and that contains one or more "dwelling units" or "guest rooms" that are used, intended, or designed to be built, used, rented, leased, let, or hired out to be occupied, or which are occupied for living purposes.

Dwelling unit

means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Erected

means built, constructed, altered, reconstructed, poured, laid, moved upon, excavated, site cleared, land filled, or any physical operations on the premises that are required for construction.

Nuisance

means any of the following conditions:

Any condition of real property, building or other structure that fails to meet the minimum standards set forth in the International Codes or other codes as adopted by the city and any local amendments made thereto.

Any attractive nuisance that may prove detrimental to children whether in a building; or attached to or grounded from the premises of a building; or upon, attached to or grounded from an unoccupied lot. This includes, but is not limited to, any abandoned wells, shafts, cellars, basements, excavations, abandoned refrigerators, abandoned, junked or inoperative boats, houseboats, motor vehicles or motor vehicle parts, broken down or dilapidated docks, or lumber, trash, fences, debris or vegetation that may prove a hazard for inquisitive minors.

Any condition dangerous to human life or detrimental to health or property.

Overcrowding or occupancy in violation of this chapter or as otherwise provided by the City of Harlingen Code of Ordinances.

Insufficient ventilation or illumination.

Responsible parties or responsible party

Inadequate or unsanitary sewerage or plumbing facilities.

(7)

Uncleanliness.

(8)

Any condition which renders air, food, or drink unwholesome or detrimental to the health of human beings or animals.

(9)

Divergence of run-off to other private or public property.

(10)

The inability of a structure to obtain or maintain a certificate of occupancy due to its dilapidated status.

Occupant

means any person who rents, leases or appears to reside, rent or lease a building, structure or property through custody of the premises or who has the legal right to possession of such premises.

Permit

means a written document or certification issued by the code compliance officer permitting the specific construction, alteration, or extension requiring a permit under the provisions of this chapter, the technical codes and regulations stated herein.

Person

shall mean and include an individual human, partnership, co-partnership firm, company, limited liability partnership or other partnership or other such company, joint venture, joint stock company, trust, estate, governmental entity, association or corporation or any other legal entity, or their legal representatives, agents or assigns.

Repair

means the reconstruction, replacement, renovation, or renewal of any part of an existing building for the purpose of its maintenance. This term shall not apply to any change or construction, alteration, or additions to a building other than for the purpose of reconstruction, renovation, or renewal.

means the owner or occupant, including the person in custody of the building, property or structure and any mortgagee or lien holder.

Shall

is a mandatory term.

Substandard structure

means any structure or building located within the incorporated limits of the city that fails to comply with the general requirements for exterior structures, interior structures, or component serviceability as established by the International Codes or other applicable codes as adopted by the city, rendering it dangerous, unsafe, or unfit for human habitation or causing it to be in a state of disrepair or dilapidation so as to constitute a blighted area or property.

Substandard structures.

The requirements established by the International Codes adopted by the city in chapter 103, article II - Technical Codes, including the 2018 International Building Code, Including All Appendix Chapters; the 2018 International Residential Code, Including Appendix Chapters A through K and Appendix Chapters M through T; the 2018 International Existing Building Code, Including All Appendix Chapters; the 2018 International Mechanical Code, Including Appendix Chapter A; the 2018 International Plumbing Code, Including Appendix Chapters C through E; the 2018 International Fuel Gas Code, Including All Appendix Chapters; the 2018 International Energy Conservation Code, Including All Appendix Chapters; the 2018 International Fire Code, Including All Appendix Chapters; the 2018 International Property Maintenance Code, Including All Appendix Chapters; and all other amendments thereto except as modified by the Code of Ordinances, currently adopted and locally amended by the city are hereby declared to the minimum standards for the continued use and occupancy of all buildings located within the corporate limits of the city regardless of the date of their construction.

A building or structure shall be deemed a substandard structure if:

Said building or structure fails to comply with any one or more of the requirements established by the International Codes cited above by section 103-4(a)(1) and any local amendments made thereto, and any other applicable provisions of the City of Harlingen Code of Ordinances;

Said building or structure, regardless of its structural condition, is either unoccupied by its owners, lessees, or other invitees, or fails to meet the requirements for and does not currently hold a certificate of occupancy, 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;

Boarded up; fenced, or otherwise secured in any manner if the building or structure constitutes a danger to the public even though secured from entry; or the means used to secure the building or structure are inadequate to prevent unauthorized entry or use of the building; or

Remains a new but incomplete or unfinished construction for an period of time which is unreasonable under the circumstances.

(c)

Public nuisances declared.

A building or structure deemed to be a substandard structure under the terms of this chapter is hereby declared to be a public nuisance, and is unlawful.

It shall be the responsibility of the owner(s) or occupants of substandard structures to abate public nuisances associated with said building by means of repair, rehabilitation, demolition, or removal in accordance with the procedures provided in this chapter.

(d)

Duties of the code compliance officer.

The code compliance officer is authorized to inspect, or cause to be inspected, every building, or portion thereof, reported to be a substandard structure. If such building, or any portion thereof, is determined to be unsafe, the code compliance officer shall give the responsible parties notice in accordance with the requirements set forth in this article. If the code compliance officer is denied permission to inspect any building or portion thereof reported to be unsafe, the code compliance officer may employ or seek any legal assistance, including warrants, necessary to secure the ability to inspect for compliance with this chapter. The code compliance officer shall further:

Inspect or cause to be inspected, when necessary, any building or structure within the incorporated limits of the city, including public buildings, schools, halls, churches, theaters, hotels, tenements, or apartments, multifamily residences, single-family residences, garages, warehouses, and other commercial and industrial structures of any nature whatsoever for the purpose of determining whether any conditions exist which render such places a substandard structure as defined herein.

Inspect any building, wall or structure about which complaints have been filed by any person to the effect that a building, wall or structure is or may be existing in violation of this article.

Report to the construction board of adjustments and appeals any noncompliance with the minimum standards set forth in this article. The code compliance officer shall obtain from the secretary of the board, or from the city secretary, a hearing date at the earliest opportunity possible for a public hearing by the board on any building or structure believed to be a substandard structure and shall provide the secretary of the board with copies of the written notice to persons with interests in the property.

Appear at all hearings conducted by the board and testify as to the conditions of substandard structures within the city.

Place a notice on any substandard structure found to be out of compliance with the general requirements of the International Property Maintenance Code or other applicable codes.

Make a diligent effort to identify each owner, mortgagee or lienholder, and their respective addresses, by searching the following: the real property records of the county; the tax appraisal district records; the records of the secretary of state; the assumed name records of the county; the tax records of Cameron County; and the utility records of record.

(7)

Perform the other requirements with respect to notification of public hearings as are set forth more specifically in this article.

(e)

Notice to comply.

Should the code compliance officer determine that any building or structure within the incorporated limits of the city is a substandard structure, the official shall cause written notification to be sent, by certified mail, to each owner, mortgagee, and lienholder identified through a diligent effort to discover such owner, mortgagee, and lienholder. Such notice shall:

Contain a description of the substandard structure and its location;

Contain a statement of the specific conditions which make the building or structure a substandard structure;

Contain a statement that it shall be illegal to occupy or utilize said building for any purpose until such time as the premises have been brought into compliance with the applicable provisions of the International Property Maintenance Code or other applicable codes.

Include notice of the date and time of a public hearing before the construction board of adjustments and appeals to determine whether the building complies with the standards set out in this article;

Include 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 amount of time it will take to reasonably perform the work; and

Be served upon the responsible parties as set out in this article.

Sufficiency of notice.

Notwithstanding any other term or provision of this article or the code, notice given pursuant to this article shall be sufficient and deemed properly served upon the responsible parties if a copy thereof is:

Served upon them personally; or

Sent by registered or certified mail, return receipt requested, to the last known address of such person as shown on the records of the city and the tax appraisal district; and posted in a conspicuous place in or about the building affected by the notice.

Compliance with notice.

The parties responsible for the substandard structure, shall have until the date and time of the hearing as described by section 103-5 from the date of service of the notice to building structure into compliance with the provisions of this chapter.

Further occupancy prohibited.

Once a building is determined to be a substandard structure, the code compliance officer shall affix a placard on or near the front door of said building. The placard shall note the date of posting, provide the name and signature of the city official who determined the building to be a substandard structure, provide an identification, that is not required to be a legal description, of the building and the property on which it is located, and shall state the following:

THIS BUILDING HAS BEEN FOUND TO BE A SUBSTANDARD STRUCTURE UNDER THE TERMS OF THE (INSERT NAME OF CODE) CODE. OCCUPANCY OR USE OF THIS BUILDING BY ANY PERSON OR FOR ANY PURPOSE IS HEREBY PROHIBITED UNTIL SUCH TIME AS THE PREMISES HAVE BEEN BROUGHT INTO COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE (INSERT NAME OF CODE) CODE AND THIS PLACARD REMOVED BY THE CODE OFFICIAL. REMOVAL OF THIS PLACARD BY ANY PERSON OTHER THAN THE UNDERSIGNED OFFICER OF THE CITY SHALL BE UNLAWFUL.

Refused or unclaimed mail.

All mailed notices shall be deemed sufficient and delivered if returned "refused" or "unclaimed."

Notices sent pursuant to this article shall be sent to the address of the owner, lienholder, or mortgagee in the building as determined by a reasonable search of records to include:

County real property records;

Appraisal district records;

Records of the Secretary of State, if the property owner or lienholder is a corporation, partnership, or other business association;

Assumed name records;

Tax records, and utility records of the city.

(f)

Additional authority to secure substandard structure.

In addition to the powers prescribed by this chapter, the city may secure a substandard structure the municipality determines violates the standards as set out by this chapter, provides an imminent threat of harm or danger to the public, and is unoccupied or is occupied only by persons who do not have a right of possession to the structure.

Before the eleventh day after the date the structure is secured, the municipality shall give notice to the owner by:

Personally serving the owner with written notice;

Depositing the notice in the United States mail addressed to the owner at the owner's post office address;

Publishing the notice at least twice within a ten-day period in a newspaper of general circulation in the county in which the structure is located if personal service cannot be obtained and the owner's post office address is unknown; or

Posting the notice on or near the front door of the structure if personal service cannot be obtained and the owner's post office address is unknown.

The notice must contain:

An identification, which is not required to be a legal description, of the structure and the property on which it is located;

A description of the violation of the municipal standards that is present at the structure;

A statement that the municipality will secure, or has secured, as the case may be, the Structure; and

An explanation of the owner's entitlement to request a hearing about any matter relating to the municipality's securing of the structure. The explanation must notify the owner that the owner must file with the city a written request for such hearing within 30 days of the city securing the structure.

A hearing requested pursuant to this section shall be undertaken by the construction board of adjustments no later than 20 days after the date the request is filed.

§ 103-5 Duties of the construction board of adjustments and appeals.

The city has the same authority to assess expenses under this section as it has to assess expenses under section 103-5. A lien is created under this section in the same manner that a lien is created under section 103-5 and is subject to the same conditions as a lien created under that section.

(Ordinance 2021-06, § 2(Exh. A), adopted 2/17/2021)

In order to conduct public hearings and to hear and decide appeals of orders, decisions or determinations made by the code compliance officer or building official relative to the application and interpretation of this article, the city construction board of adjustments and appeals shall conduct public hearings on and address through board action matters pertaining to building standards. The construction board of adjustments and appeals may adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the property owner and lien holders, with a duplicate copy to the code official. Appeals to the board shall be processed in accordance with the provisions established by this article.

Duties of the construction board of adjustments and appeals.

In carrying out the duties of this section and of section 103-5, the construction board of adjustments and appeals shall:

Schedule and hold a public hearing and hear testimony from the code official, and the owner, mortgagee, or lienholder of the structure. Such testimony shall relate to the determination of the question of whether the building or structure in question is a substandard structure and the scope of any work that may be required to comply with this article and the amount of time it will take to reasonably perform the work. The owner, mortgagee, and/or lienholder 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.

Upon conclusion of the hearing, the construction board of adjustments and appeals shall determine by majority vote of its board membership whether the building or structure in question is a substandard structure and therefore also a nuisance. Upon a determination that the building or structure in question constitutes substandard and out of conformance with the requirements of this chapter, the construction board of adjustments and appeals shall issue an order:

Containing an identification of the structure and the property on which it is located;

Making written findings of the violations of the minimum standards that are present at the structure;

Requiring the owner, mortgagee, or lienholder to repair, vacate, or demolish the building within 30 days from the issuance of such order, unless the owner or a person with an interest in the building establishes at the hearing that the work cannot reasonably be performed within 30 days, in which instance the construction board of adjustments and appeals shall specify a reasonable time for the completion of the work; and

Containing a statement that the city will vacate, secure, repair or demolish the substandard structure and relocate the occupants of the structure if the ordered action is not taken within the time specified by the board.

(c)

The code compliance officer or city secretary shall deliver a copy of said order by hand delivery or certified mail to the owner and all persons having an interest in the property, as such persons appear in the official records described herein, including all identifiable mortgagees and lienholders, as soon as is practicable after the hearing, which order shall include an identification and address of the building and the property on which it is located; a description of the violation of this article that are found to be present at the building; and a statement that the municipality will vacate, secure, remove, repair, or demolish the building and relocate the occupants of the building if the ordered action is not taken within the agreed-upon reasonable time.

(d)

If the construction board of adjustments and appeals allows the owner, mortgagee, or lienholder of the substandard structure more than 30 days to repair, remove, or demolish the building, the board in its written order shall establish specific time schedules for the commencement and performance of the work and shall require the owner or person to secure the property in a reasonable manner from unauthorized entry while the work is being performed. The securing of the property shall be in a manner found to be acceptable by the code compliance officer.

(e)

The construction board of adjustments and appeals shall not allow the owner, mortgagee, or lienholder of the substandard structure more than 90 days to repair, remove, or demolish the building or fully perform all work required to comply with the written order unless the owner or person:

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 90 days because of the scope and complexity of the work.

(f)

If the value of a property subject to a construction board of adjustments and appeals order exceeds $100,000.00, the board, at its election, 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. In lieu of a bond, the board 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 city. If required by the board, the bond must be posted, or the letter of credit or third party guaranty provided not later than the thirtieth day after the date the board issues its order.

(g)

If the construction board of adjustments and appeals allows the owner, mortgagee, or lienholder of the substandard structure more than 90 days to complete any part of the work required to repair, remove, or demolish the building, the board shall require them to regularly submit progress reports to the board to demonstrate that the owner or person has complied with the time schedules established for commencement and performance of the work. The written order may require that they appear before the code official to demonstrate compliance with the time schedules.

(h)

Appeals. In the event the owner fails to appeal an order issued by the construction board of adjustments and appeals under this article within 30 days of the date said order was personally delivered to them, mailed to them by first class mail with certified return receipt requested, or delivered to them by United States Postal Service using signature confirmation service, the order shall become final and unappealable. In the event an owner fails to comply with the order within the time frame specified therein, following the expiration of 30 days from the date the order was personally delivered to them, mailed to them by first class mail with certified return receipt requested, or delivered to them by united states postal service using signature confirmation service, the city will be authorized to take action to abate the public nuisance and affix a lien against the property.

(i)

After the public hearing, if a building is found in violation of the minimum requirements of this article, the construction board of adjustments and appeals may order that the occupants be relocated within a reasonable time.

(j)

In addition to the authority granted to the construction board of adjustments and appeals under this chapter, the city may also pursue any and all other remedies provided by state law including filing suit in the appropriate court of competent jurisdiction to enforce this article.

(k)

If the building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time, the city may vacate, secure, remove, repair or demolish the building or relocate the occupants at its own expense after the timeframe for appealing the board's order pursuant to subsection (h) has expired.

(l)

If the city incurs expenses as a result of enforcing the provisions of this article, said expenses may be assessed against the property in the form of a lien unless it is a homestead as protected by the Texas Constitution. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the city for the expenses. The lien arises and attaches to the property at the time of the notice of the lien is recorded and indexed in the office of the county clerk. The notice must contain in the name and address of the owner if that information can be determined by a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the city, and the balance due. A lien filed in accordance with the terms of this article is a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens attached to the real property to which the city 's lien attaches.

(m)

Notice. If repair or demolition is ordered, the construction board of adjustments and appeals shall send a copy of the order by certified mail to the owner and all persons having an interest in the property, including all identifiable mortgagees and lienholders within ten days after the hearing. Within ten days after the date that the order is issued, the city shall:

File a copy of the order in the office of the municipal secretary or clerk; and

Publish in a newspaper of general circulation in the municipality in which the building is located a notice containing:

The street address or legal description of the property;

The date of the hearing;

A brief statement indicating the results of the order (may be a copy of the order); and

If not provided in the notice, instructions stating where a complete copy of the order may be obtained.

If repair or demolition is ordered and notice of public hearing was not filed in the official public records of real property of the county, the city may file and record a copy of the order in such records of the county.

(n)

Secure property. If the construction board of adjustments and appeals allows the owner of the substandard structure more than 30 days to repair, remove, or demolish the building, the board in its written order shall establish specific time schedules for the commencement and performance of the work and shall require the owner or person to secure the property in a reasonable manner from unauthorized entry while the work is being performed. The securing of the property shall be in a manner found to be acceptable by the code official.

(o)

Assessment of expenses and penalties.

In addition to the authority granted under V.T.C.A., Local Government Code, ch. 214 and this chapter, the city may:

Order the repair of the building at the city's expense and assess the expenses on the land on which the building stands or to which it is attached, or

Assess a civil penalty against the responsible party for failure to repair, remove, or demolish the building.

The city, at its election, may use city resources or contract with appropriate service providers to demolish a building that is subject to a construction board of adjustments and appeals demolition order. Should the city choose to retain an outside demolition contractor, the code compliance officer shall invite at least two or more building contractors to make estimates pertaining to the needed repair, removal or demolition of a building. The code compliance officer shall cause to be made an assessment of expenses or civil penalty based on such estimates. The code compliance officer i shall endeavor to minimize the expenses of any building repairs, removal or demolitions order pursuant to this subchapter.

The city may repair a building subject to a construction board of adjustments and appeals order only to the extent necessary to bring the building into compliance with the general requirements of the International Property Maintenance Code or other applicable codes and only if the building is a residential building with ten or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds minimum standards prescribed by the code.

The city's lien to secure the payment of a civil penalty or the costs of repairs, removal, or demolition is inferior to any previously recorded bona fide mortgage lien attached to the real property to which the city's lien attaches if the mortgage lien was filed for record in the office of the county clerk before the date the civil penalty is assessed or the repair, removal, or demolition is begun by the city. The city's lien is superior to all other previously recorded judgment liens.

Any civil penalty or other assessment imposed under this section accrues interest at the rate of ten percent a year from the date of assessment until paid in full.

A lien acquired under this section by the city for repair expenses may not be foreclosed if the property on which the repairs were made is occupied as a residential homestead.

(p)

Violations.

The owner of any substandard structure who shall fail to comply with any notice or order to repair, vacate or demolish said building or structure, such notice or order given by the authority of the construction board of adjustments and appeals, shall be guilty of a misdemeanor.

An occupant, or lessee in possession of any substandard structure who fails to comply with any notice or order to vacate such building and fails to repair such building in accordance with an order given by the construction board of adjustments and appeals shall be guilty of a misdemeanor.

Any person removing the notice of a substandard structure as provided for by this article, shall be guilty of a misdemeanor.

The violation of any provision of this article shall be unlawful and a misdemeanor offense punishable by a fine not exceeding $1,000.00. Each day a violation of this article continues shall constitute a separate offense.

§ 103-6 Affordable housing permit fee waiver program.

In any prosecution charging a violation of this article governing the failure to comply with any notice or order to repair, vacate, remove, or demolish any building or structure, proof that the particular property described in the complaint was substandard in violation of this article, together with proof that the defendant named in the complaint was, at the time of such notice or order, the registered owner of such property, shall constitute in evidence a prima facie presumption that the registered owner of such property was the person who failed to comply with the notice or order to repair, vacate, remove, or demolish, and for the time during which, such violation occurred.

(Ordinance 2021-06, § 2(Exh. A), adopted 2/17/2021)

The following fees are hereby waived for qualifying applicants:

Residential building permit fees; and

Plumbing, electrical, and mechanical permit fees;

To be eligible for a waiver, applicants must meet the following:

Must be a non-profit in good standing;

The purpose of the non-profit must include improving substandard housing conditions;

§ 103-7 Residential and commercial rehabilitation related permit fees incurred because of a declared state of emergency.

The organization must have guidelines for participation that comply with federal HUD income guidelines.

(Ordinance 2024-78 adopted 12/4/2024)

If a state of emergency is declared by the mayor of the city, the mayor may waive building and permit fees and mechanical permit fees for reasonable and necessary repairs made necessary by the events triggering the state of emergency for a period not to exceed fourteen days from the date the state of emergency is declared in the city. The city commission may, by resolution, waive said fees for a period of up to a total of 90 days including any time waived by the mayor.