The following standards shall be followed by the designated enforcing officer and the City Council in ordering repair or demolition of an unsafe substandard structure within the terms of § 151.01 of this chapter.
(A) If, after inspection by the designated enforcing officer and support inspections from other concerned departments or divisions, if necessary, a determination is made that the structure is an unsafe substandard structure, the designated enforcing officer shall tag the structure and the owner shall be ordered by a certified letter to contact the designated enforcing officer within 15 days from the date of said letter. The owner shall be ordered, by letter, to repair the structure or demolish said structure within 30 days.
(B) If a permit to repair or demolish said structure is not obtained from the city and repairs or demolition are not completed within 45 days of the date of the letter provided for in division (A) above, the designated enforcing officer shall give notice, by letter, to the owner of said structure to appear before the City Council to show cause why said structure should not be demolished at the cost of the owner.
(C) If a structure is to be repaired such that it is no longer an unsafe substandard structure under the terms of this chapter, said structure shall be brought into compliance with the provisions of the 2009 International Property Maintenance Code. Except as outlined in division (I) below, repairs to such structures shall be completed and a certificate of occupancy issued within a period not exceeding 150 days from the date of initiating the work. Upon failure to obtain substantial completion within 90 days from the date of initiating said work or failure to obtain a certificate of occupancy within the 150-day period, the structure may be brought before the City Council for a condemnation order without further notice to the owner. An owner who initiates repairs hereunder shall agree that unless the structure is brought into compliance with the 2009 International Property Maintenance Code it may be immediately brought before City Council for condemnation order without further notice.
(D) Any vacant structure found to be an unsafe substandard structure, as defined herein or substandard under this chapter, shall be posted as provided in this chapter to prevent occupancy. It shall be unlawful for any person to occupy, or allow others to occupy, a structure that has been tagged as an unsafe substandard structure in accordance with this section. It shall be unlawful for any person to violate or fail to comply with any provision of this chapter.
(E) All notices, as provided herein, shall be served by delivering same to the owner or agent in person, or by mailing the same certified to the residence or business address, if known, of such owner or agent, or by posting the same in a prominent place upon such structure.
(F) (1) If, upon hearing, the City Council finds that the structure is in violation of § 151.01 of this chapter, the City Council shall order the structure to be razed or repaired at such time and under such conditions as the City Council may, in its discretion, stipulate at said hearing.
(2) Such owner or his or her agent shall forthwith comply with said order of the City Council. Any owner or his or her agent who fails to comply with such order within the time therein stipulated shall be deemed guilty of a misdemeanor and punished as provided in § 151.99 of this chapter.
(3) If the owner obtains a permit and voluntarily demolishes his or her structure, such owner shall be exempt from payment of the landfill disposal fee for the debris resulting from such demolition.
(G) If any such structure condemned by the order of the City Council, as provided herein, is not razed or repaired within the time and under the condition specified in such order, the Council may, at its discretion, proceed to have the same razed and charge the actual expense to the owner of the real estate or lot as shown on the tax roll. A statement of expenses incurred by the city in the demolition and removal of such structure under this section shall be mailed to the property owner shown on the tax roll at the time of service. The statement of expenses shall, in addition to giving the amount of such expense, provide the date upon which such work was done and description of the lot or premises upon which such work was done. Payment is due and is considered delinquent if not received by the city within 30 days. If payment is not made within 90 days, the city’s authorized agent is hereby authorized to charge such costs and expenses as a lien against the property upon which such structure was situated, and upon all other property situated in the city belonging to the owner of such structure.
(1) The lien obtained by the city is security for the expenditures made and interest shall accrue at the rate of 10% annually on the unpaid balance due from the date of payment by the city.
(2) The city may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due.
(3) The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city in doing the work or making the improvements and of proper notices as required by this chapter.
(4) The governing body of a city may foreclose a lien on property under this section in a proceeding relating to the property brought under Tex. Tax Code Ch. 33, Subch. E.
(H) Judicial review of Council’s order shall be governed by Tex. Local Gov’t Code § 214.
(I) (1) Structures that have been tagged as an unsafe and/or substandard structure, which may be of historical significance, shall be provided reasonable time for repairs and/or restoration. In order to qualify under the historical structure requirement, the structure must meet one of the following criteria:
(a) Existing or proposed recognition as a national historic landmark, state historic landmark or entry or proposed entry into the national register of historic place;
(b) Identification as the work of a designer, architect or builder whose work has influenced the growth or development of the city; and/or
(c) Embodiment of elements of architectural design, detail, materials or craftsmanship which represents a significant architectural innovation or an outstanding example of a particular historical, architectural or other cultural style or period.
(2) The determination if a structure meets divisions (I)(1)(b) or (I)(1)(c) above shall be determined by the City Council.
(3) The property owner of a tagged structure that meets one or more of these criteria will be provided one year from the date the structure is tagged to substantially complete repairs, as currently defined by the city, and one additional year to obtain a certificate of occupancy (CO); provided, the City Council approves a detailed work program outlining the work to be performed and a timeline for completion. If either one of these time frames is not met, the structure may be razed and demolished.
(Ord. 020130917A, passed 9-17-2013) Penalty, see § 151.99