9-2-1: SUBSTANDARD BUILDINGS DECLARED UNLAWFUL:

All substandard buildings existing within the corporate limits of the city of Alamo, Texas, are hereby declared unlawful. The city may require that any such building be vacated, secured, repaired, removed, or demolished and that its occupants, if any, be relocated. (Ord. 15-07-14, 8-5-2014)

9-2-2: SUBSTANDARD BUILDING DEFINED:

A substandard building is any structure, consisting of two (2) or more walls or parts thereof which are connected by a roof covering, whether or not the building has been used for human occupancy or habitation, which is:

   A.   Dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare, whether occupied or not; or

   B.   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, regardless of its structural condition; or

   C.   Boarded up, fenced, or otherwise secured in any manner if:

      1.   The building constitutes a danger to the public even though secured from entry; or

      2.   The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by subsection B of this section. (Ord. 15-07-14, 8-5-2014)

9-2-3: MINIMUM BUILDING STANDARDS:

No building may be used or occupied, regardless of the date of construction, unless it meets the minimum building standards imposed by each of the duly adopted building codes effective in the city, which are incorporated herein by reference. (Ord. 15-07-14, 8-5-2014)

9-2-4: PRELIMINARY DETERMINATION OF VIOLATION:

A preliminary determination of whether a building is substandard under section 9-2-2 of this chapter shall be made by the city chief official who is charged with the responsibility of enforcing the city's building codes, hereinafter referred to in this chapter as the chief building official regardless of the official's actual title. (Ord. 15-07-14, 8-5-2014)

9-2-5: IDENTIFICATION OF PROPERTY OWNER:

To determine the identity and address of any owner, a lienholder, or a mortgagee the chief code enforcement official, shall, at a minimum, search the following records:

   A.   Real property records of the Hidalgo County clerk;

   B.   Appraisal district records of the Hidalgo County appraisal district;

   C.   Records of the secretary of state;

   D.   Assumed name records of Hidalgo County;

   E.   Tax records of the city; and

   F.   Utility records of the city. (Ord. 15-07-14, 8-5-2014)

9-2-6: NOTICE OF VIOLATION:

   A.   After a preliminary determination that a building is substandard under this chapter, the chief code enforcement official, after consultation with the city manager and the city's attorney, will give written notice that the building is in violation of this chapter. The notice of violation shall be given to any person or entity identified as having a legal or equitable ownership interest of record in the substandard building, including each mortgagee and lienholder. The notice shall provide:

      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 municipal standards that is present at the building;

      3.   The actions which the person or entity must take to correct the violation(s) and to relocate occupants;

      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 stated in the order; and

      5.   The time, date and place where a public hearing will be held by the building standards committee to determine whether the building complies with the standards set out in this chapter.

   B.   A notice of a hearing sent to an owner, lienholder, or mortgagee under this section shall include a statement that the owner, lienholder, or mortgagee has the burden of proof at the hearing to demonstrate the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work.

   C.   The notice of violation and hearing shall be delivered in person or mailed via certified U.S. mail with return receipt requested, or delivered by U.S. mail using signature confirmation service. A copy of the ordinance shall accompany the notice. In addition, the chief code enforcement official may file notice of the hearing in the official public records of real property in the Hidalgo County clerk's office. Such filed notice must contain the name and address of the owner of the affected property if that information can be determined, a legal description of the affected property, and a description of the hearing. The filing of the notice is binding on subsequent grantees, lienholders, or other transferees of an 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. In addition the chief code enforcement official may post a sign on the property intended to give notice to the public and the interest holders of the proposed action and the notice of hearing.

   D.   When a notice is mailed to a property owner, lienholder, or mortgagee in accordance with this section 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. (Ord. 15-07-14, 8-5-2014)

9-2-7: PUBLIC HEARING:

   A.   The public hearing required under this chapter shall be held before a committee referred to as the building standards committee (hereinafter, the "committee"), unless the city, by resolution, orders that a particular case be heard by the full board.

   B.   The committee will be a five (5) member board. The members of the committee will serve staggered terms of two (2) and three (3) years. Each member of the board will have one appointment.

   C.   At the hearing, the committee will review the notice of violation and evidence presented by the chief building official and his staff. The committee shall permit any person who has a legal or equitable interest in the property to address the violation, corrective measures or demolition. (Ord. 15-07-14, 8-5-2014)