9-2-12: ASSESSMENT OF COST AND CIVIL PENALTY:

   A.   If the building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time, the city may, at its own expense, vacate, secure, remove, or demolish the building or relocate the occupants. In addition to the authority granted to the committee by section 9-2-9 of this chapter, after the expiration of the time allotted under section 9-2-8 or 9-2-9 of this chapter for the repair, removal, or demolition of a building, the committee may:

      1.   Repair the building at the expense of the city and assess the expenses on the land on which the building stands or to which it is attached; and

      2.   Assess a civil penalty against the property owner for failure to repair, remove, or demolish the building.

   B.   The committee may order the repair of a building under this section only to the extent necessary to bring the building into compliance with the minimum standards and only if the building is a residential building with ten (10) or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds minimum housing standards.

   C.   Any civil penalty or other assessment imposed under this section accrues interest at the rate of ten percent (10%) a year from the date of the assessment until paid in full.

   D.   In any judicial proceeding regarding enforcement of the city's rights under this section, the prevailing party is entitled to recover attorney fees from the nonprevailing party.

   E.   The committee, by order, may assess and recover a civil penalty against a property owner at the time of an administrative hearing on violations of an ordinance, in an amount not to exceed one thousand dollars ($1,000.00) 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, if the city proves:

      1.   The property owner was notified of the requirements of the ordinance and the owner's need to comply with the requirements; and

      2.   After notification, the property owner committed an act in violation of the ordinance or failed to take an action necessary for compliance with the ordinance.

   F.   An assessment of a civil penalty under subsection E of this section is final and binding and constitutes prima facie evidence of the penalty in any suit brought by the city in a court of competent jurisdiction for a final judgment in accordance with the assessed penalty.

   G.   To enforce a civil penalty under this section, the city secretary must file with the district clerk of the county in which the committee is located a certified copy of an order issued under subsection E of this section stating the amount and duration of the penalty. No other proof is required for a district court to enter a final judgment on the penalty.

   H.   This section does not limit the ability of the city to collect on a bond or other financial guaranty that may be required by section 9-2-10 of this chapter. (Ord. 15-07-14, 8-5-2014)

9-2-13: IMPOSITION OF LIEN FOR COSTS AND CIVIL PENALTY:

   A.   If the city incurs expenses and/or assesses a civil penalty under section 9-2-12 of this chapter or incurs expenses under section 9-2-14 of this chapter, the city may assess the expenses and civil penalty on the property on which the building was located.

   B.   The city has a lien against the property, unless it is a homestead as protected by the Texas constitution. The lien is subordinate only to tax liens and 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 Hidalgo County clerk in which the real property is located before the date the civil penalty is assessed or the repair, removal, or demolition is begun by the city.

   C.   The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the county clerk in the county in which the property is located. The notice must be in recordable form, and contain the name and address of the owner if that information can be determined with reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the committee, and the balance due.

   D.   A lien acquired for repair expenses may not be foreclosed if the property on which the repairs were made is occupied as a residential homestead by a person sixty five (65) years of age or older.

   E.   The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the committee for the expenses. The city may not assign its right to an assessment lien to third parties. (Ord. 15-07-14, 8-5-2014)

9-2-14: ADDITIONAL AUTHORITY TO SECURE SUBSTANDARD BUILDING:

   A.   If the city decides to only secure a building, the city may secure the building if the chief building official determines that the building:

      1.   Violates the minimum standards; and

      2.   Is unoccupied or is occupied only by persons who do not have a right of possession to the building.

   B.   Before the eleventh day after the date the building is secured; the committee shall give notice to the owner by:

      1.   Personally serving the owner or persons having a legal or equitable interest in the property with written notice;

      2.   Depositing the notice in the United States mail addressed to the owner or persons having a legal or equitable interest in the property 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 Hidalgo County, 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.

   C.   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 municipal standards that is present at the building;

      3.   A statement that the committee will secure or has secured, as the case may be, the building; and

      4.   An explanation of the owner's entitlement to request a hearing about any matter relating to the committee's securing of the building.

   D.   The committee 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 of the building if, within thirty (30) days after the date the city secures the building, the owner files with the chief building official or chief code enforcement official a written request for the hearing. The committee shall conduct the hearing within twenty (20) days after the date the request is filed.

   E.   The committee has the same authority to assess expenses under this section as it has to assess expenses under section 9-2-13 of this chapter. A lien is created under this section in the same manner that a lien is created under section 9-2-13 of this chapter, and is subject to the same conditions as a lien created under that section. The authority granted by this section is in addition to that granted by section 9-2-8 of this chapter. (Ord. 15-07-14, 8-5-2014)

9-2-15: REQUIRING REPAIR, REMOVAL, OR DEMOLITION OF BUILDING OR OTHER STRUCTURE:

   A.   If the governing body of the city finds that a building, bulkhead, or other method of protection, fence, shed, awning, or other structure, or part of a structure, is likely to endanger persons or property, the governing body may:

      1.   Order the owner of the structure, 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 part of the structure, within a specified time; or

      2.   Repair, remove, or demolish the structure, or the part of the structure, at the expense of the board, 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.

   B.   The governing body shall provide by ordinance for:

      1.   The assessment of repair, removal or demolition expenses incurred under subsection A2 of this section;

      2.   A method of giving notice of the assessment; and

      3.   A method of recovering the expenses.

   C.   The governing body may punish by a fine, confinement in jail, or both a person who does not comply with an order issued under subsection A1 of this section. (Ord. 15-07-14, 8-5-2014)

9-2-16: APPOINTMENT OF RECEIVER:

Under the authority of section 214.003 of the Texas Local Government Code, the city may bring an action for the appointment of a receiver in district court against an owner of property that is not in substantial compliance with the municipal ordinances regarding:

   A.   Fire protection;

   B.   Structural integrity;

   C.   Zoning; or

   D.   Disposal of refuse. (Ord. 15-07-14, 8-5-2014)

9-2-17: SEIZURE AND SALE OF PROPERTY TO RECOVER EXPENSES:

The city may foreclose a lien on property under this chapter:

   A.   In a proceeding relating to the property brought under subchapter E, chapter 33, Tax Code; or

   B.   In a judicial proceeding; if:

      1.   A building or other structure on the property has been demolished;

      2.   A lien for the cost of the demolition of the building or other structure on the property has been created and that cost has not been paid more than one hundred eighty (180) days after the date the lien was filed; and

      3.   Ad valorem taxes are delinquent on all or part of the property. (Ord. 15-07-14, 8-5-2014)

9-2-18: PROPERTY BID OFF TO BOARD:

This chapter applies to property that has been bid off to the city under section 34.01(j), Texas Tax Code. (Ord. 15-07-14, 8-5-2014)