(A) Public hearing. Any public hearing conducted under Chapter 214, of the Texas Local Government Code, or this chapter, shall be conducted by the City Council, which, when performing review of substandard building matters, will be referred to as the “Council Hearing Panel”. At its option, or if no quorum can be assembled because of recusals, the Council Hearing Panel may refer the matter to be heard by the City municipal court pursuant to § 214.001 (p), Texas Local Government Code.
(B) Duties of code enforcement personnel. One or more of the Code Enforcement Officer, Fire Marshal, and the Building Inspector of the city shall inspect all buildings reported to be or believed to be substandard and present an oral report of such inspection, together with such documents as he or they may deem necessary, to the Council Hearing Panel at the public hearing.
(C) Officers of the Council Hearing Panel. At its first meeting of each year, the Council Hearing Panel shall select from its members a chairperson, vicechairperson and a secretary of the Hearing Panel.
(D) Rules and procedures.
(1) Four members of the Council Hearing Panel shall be required to constitute a quorum and the concurring vote of four members of the Council Hearing Panel is necessary to take any action under this chapter.
(2) A Council Hearing Panel member having a personal or financial interest in any matter before the Council Hearing Panel shall recuse himself or herself from the discussion and the vote on that matter.
(3) The person acting as secretary of the Council Hearing Panel shall make a record of all proceedings of the Council Hearing Panel, which shall set forth the particulars of the matter before the Council Hearing Panel, the decision rendered by the Council Hearing Panel, the reason for the said decision and the vote of each member participating therein.
(4) The City Secretary or chairperson may call meetings of the Council Hearing Panel when necessary to rule on any case brought before it regarding substandard buildings.
(5) Any materials to be presented at the Council Hearing Panel may be submitted to the City Secretary.
(6) The Council Hearing Panel shall establish such other rules and procedures it deems necessary for the election of officers and the conduct of its business.
(E) Duties. The Council Hearing Panel (or municipal court, when the matter has been referred) shall hear any case dealing with a substandard building and make a ruling as to whether such building complies with the standards set forth in this ordinance, and, should the building be found to be in violation of the standards, whether the building should be vacated, secured, repaired, removed, or demolished, and whether the occupants should be relocated.
(Ord. 2016-07, passed 4-19-2016)
*State Law Reference - Authority of municipality to regulate unsafe and substandard structures, V.T.C.A., Local Government Code, Chapter 214.