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)

9-2-8: ORDER TO CORRECT VIOLATION:

After the public hearing, if a building is found in violation of standards set out in this chapter, the committee may order that the building be vacated, secured, repaired, removed, or demolished by the owner. The committee may also order that the occupants be relocated within a reasonable time. In conducting a hearing authorized under this section, the committee shall require the owner, lienholder, or mortgagee of the building to within thirty (30) days:

   A.   Secure the building from unauthorized entry; or

   B.   Repair, remove, or demolish the building, unless the owner or lienholder or mortgagee establishes at the hearing that the work cannot reasonably be performed within thirty (30) days. (Ord. 15-07-14, 8-5-2014)

9-2-9: ADDITIONAL TIME FOR COMPLIANCE:

   A.   If the committee allows the owner, lienholder, or mortgagee more than thirty (30) days to repair, remove, or demolish the building, the committee shall establish specific time schedules for the commencement and performance of 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 hearing official.

   B.   The committee 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:

      1.   Submits a detailed plan and time schedule for the work at the hearing; and

      2.   Establishes at the hearing that the work cannot be reasonably completed within ninety (90) days because of the scope and complexity of the work.

   C.   If the committee 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 committee shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the committee to demonstrate compliance with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder, or mortgagee appear before the hearing official or the hearing official's designee to demonstrate compliance with the time schedules. (Ord. 15-07-14, 8-5-2014)

9-2-10: CASH OR SURETY BOND:

If the owner, lienholder, or mortgagee, subject to the committee's order, owns property, including structures or improvements on property, within the municipal boundaries that exceeds one hundred thousand dollars ($100,000.00) in total value, the committee may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing, or demolishing a building under this section. In lieu of a bond, the committee 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 committee. 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 committee issues the order. (Ord. 15-07-14, 8-5-2014)

9-2-11: NOTICE OF COMMITTEE ORDER:

   A.   Within ten (10) days after the date that the order is issued, the committee shall:

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

      2.   Publish in a newspaper of general circulation in the city, containing:

         a.   The street address or legal description of the property;

         b.   The date of the hearing;

         c.   A brief statement indicating the results of the order; and

         d.   Instructions stating where a complete copy of the order may be obtained.

   B.   After the hearing, the committee shall promptly mail by certified mail with return receipt requested, deliver by the United States postal service using signature confirmation service, or personally deliver a copy of the order to the owner of the building and to any lienholder or mortgagee of the building. The committee shall use its best efforts to determine the identity and address of any owner, lienholder or mortgagee of the building. (Ord. 15-07-14, 8-5-2014)