(A) The Code Enforcement Officer, or his or her designee, shall file and present all cases to the Board of Commissioners on behalf of the city.
(B) The Board of Commissioners shall consider the charges presented by the Code Enforcement Officer, or his or her designee, and the response presented by the respondents or persons opposing charges brought by the Code Enforcement Officer, relating to alleged violations of this subchapter. After consideration of the evidence and testimony, the Board of Commissioners may:
(1) Dismiss the charges brought by the Code Enforcement Officer or his or her designee;
(2) Order the repair, within a fixed period of time, generally within 30 days, of structures found to be in violation of this subchapter;
(a) If more than 30 days are required to repair, remove, or demolish the building, the Commission shall establish specific time schedules for commencement and performance of the work, and shall require the owner, lienholder, or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed.
(b) If the owner, lienholder, or mortgagee establishes at the hearing that the work cannot be reasonably completed within 90 days, the Commission may allow more than 90 days to repair, remove, or demolish the building, provided the owner, lienholder, or mortgagee submits a detailed plan and time schedule for the work at the hearing, and the Commission orders regular progress reports to be submitted by the owner, lienholder, or mortgagee to demonstrate compliance with the submitted time schedules. If the owner, lienholder, or mortgagee owns property within the municipal boundaries that exceeds $100,000 in total value, the Commission may require the owner, lienholder, or mortgagee to post a cash or surety bond or a letter of credit from a financial institution or guaranty from a third party approved by the municipality in an amount adequate to cover the costs of repairing, removing, or demolishing the building.
(3) Declare the building substandard in accordance with the powers granted by this subchapter;
(4) Order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure removal if it is determined the conditions exist on the property that constitute a violation of this subchapter, and order action to be taken as necessary to remedy, alleviate, or remove any substandard structure found to exist in violation of this subchapter;
(5) Issue orders or directives to any peace officer of the state, including a Sheriff or a Constable or the Chief of Police, to enforce and carry out the lawful orders or directives of the Board of Commissioners; and/or
(6) Determine the amount and duration of the civil penalty to be assessed against the owner of the property and/or structure.
(C) Any owner, lienholder, or mortgagee of record jointly or severally aggrieved by any decision of the city may present a petition to the County District Courts pursuant to § 214.0012 of the Texas Local Government Code.
(Ord. 910, passed 12-19-16)