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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)