(A) An owner or person in control of an unoccupied structure shall ensure that the building is in such condition that an unauthorized person cannot enter into it through missing or unlocked doors or windows, or through other openings into the building. The city may secure unoccupied, unsecured structures after the owner(s) fail to do so after reasonable notice. A lien may be filed on the structures to assure recovery of the cost of securing.
(B) An UNSECURED, UNOCCUPIED BUILDING is hereby defined to be any structure that currently has no legitimate occupant or tenant and which has missing or unlocked doors or windows, or other unsecured openings into the building through which unauthorized persons can enter. Any unoccupied, unsecured building is hereby declared to be a danger to the public health and safety.
(C) Whenever it is found that an unoccupied building is in such condition that an unauthorized person can enter it through missing or unlocked doors or windows or other openings, the city shall cause a written notice or “notice to secure” to be given to the owner of the property as such owner appears on the tax rolls of the city or to the person having the control over the property. Such notice shall be in writing and shall be given by depositing the notice in the United States mail addressed to the owner at the owner’s post office address. If notice cannot be obtained by United States mail or the owner’s post office address is unknown, notice may be given by publishing such notice at least twice within a ten-day period in a newspaper of general circulation in the county. If notice cannot be obtained by mail or the owner’s post office address is unknown, notice may be obtained by posting the notice on or near the front door of the structure. The notice must contain the following information:
(1) An identification which is not required to be a legal description for the structure and property on which it is located;
(2) The description of the violations that are present at the building;
(3) A statement that the city may secure the building within 30 days of the date of notice; and
(4) An explanation that the owner is entitled to request a hearing within such 30-day period concerning any matter relating to the city’s proposed securing of the building.
(D) Compliance with the provisions concerning the securing of unoccupied structures does not relieve the owner or occupant of the structure from the requirement to comply with other provisions of this chapter.
(E) If the owner requests a hearing about the structure, the city shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the proposed securing of the structure by the city. The hearing shall be conducted within 20 days after the day the owner files a written request for such hearing. The hearing shall be before the Municipal Judge.
(F) If the owner fails to comply with a notice to secure, the city may order the boarding up of all openings so as to prevent entry or the reasonable securing of the structure by any other reasonable fashion and may assess the expenses of such securing as a lien on the property as allowed by Tex. Local Gov’t Code § 214.0011(f).
(G) Method of securing unoccupied structures shall be governed by the 2009 International Property Maintenance Code, App. A.
(Ord. 020130917A, passed 9-17-2013)