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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)
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)
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)
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)
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)
A. Any owner, lienholder, or mortgagee of record of property jointly or severally aggrieved by an order issued by the committee may file in district court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be filed by an owner, lienholder, or mortgagee within thirty (30) calendar days after the respective dates a copy of the final decision of the committee is personally delivered to them, mailed to them by first class mail with certified return receipt requested, or delivered to them by first class mail signature confirmation service, or such decision shall become final as to each of them upon the expiration of each such thirty (30) calendar day period.
B. On the filing of the petition, the court may issue a writ of certiorari directed to the city to review the order of the committee and shall prescribe in the writ the time within which a return on the writ must be made, which must be longer than ten (10) days, and served on the city or city's attorney.
C. The city may not be required to return the original papers acted on by the committee, but it is sufficient for the city to return certified or sworn copies of the papers or of parts of the papers as may be called for by the writ.
D. The return must concisely set forth other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
E. The issuance of the writ does not stay proceedings on the decision appealed from.
F. Appeal in the district court shall be limited to a hearing under the substantial evidence rule. The court may reverse or affirm, in whole or in part, or may modify the decision brought up for review.
G. Costs may not be allowed against the committee or the city.
H. If the decision of the committee is affirmed or not substantially reversed but only modified, the district court shall allow to the city all attorney 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, lienholders, or mortgagees as well as all persons subject to the proceedings before the committee. (Ord. 15-07-14, 8-5-2014)