(A) Following the presentation of evidence and testimony at a public hearing, the Building and Standards Commission, by majority vote, may affirm or decline charges of alleged violations of city ordinances on a property.
(B) If the Commission, by a majority vote, finds upon evidence presented at the public hearing that the property is not in violation of applicable city codes, the Commission shall order that the enforcement action cease, provided, however, that such order shall neither prevent the Code Official from instituting a new enforcement action for other violations the Code Official alleges have been determined to exist, nor shall such order prevent the Code Official from instituting a new enforcement action for the same violations if the City Manager later determines that the conditions as determined by the Commission have materially changed as to such violations.
(C) If the Commission, by a majority vote, finds upon evidence presented at the public hearing that the building is in violation of applicable city ordinances, the Commission may:
(1) Declare a property substandard;
(2) Order the owner to abate or repair, within a fixed period, any ordinance violation identified on a property;
(3) Authorize the city to abate or repair, within a fixed period, any ordinance violation identified on a property;
(4) Order, in an appropriate case, the immediate removal of persons or property found on private property, entry on private property to secure the removal if it is determined that conditions exist on the property that constitute a violation of an ordinance, and order action to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist;
(5) Issue orders or directives to the code official, peace officer of the state, including a sheriff or constable or the chief of police of the municipality, to enforce and carry out the lawful orders or directives of the commission panel;
(6) Determine the amount and duration of the civil penalty the municipality may recover as provided by Tex. Local Gov't Code, Ch. 54, § 54.017; and
(7) When the Commission finds defects or conditions of structures exist to the extent that the life, health, property, or safety of the public are endangered, condemn the substandard structures and authorize the city to remove the structures and bring the grounds to a clean and sanitary condition.
(D) If, at the initial public hearing on a property, charges brought by the city relating to alleged violations of ordinances are contested by any party of record with an interest in the property the Building and Standards Commission shall, if it finds that the structure should be condemned, order the property owner to appear at a second hearing, not less than 28 days from the date of the first hearing, and show cause why the Building and Standards Commission shall not order the condemnation and removal of the substandard structure.
(E) If the owner, lienholder, or mortgagee establishes at the hearing that the work cannot reasonably be performed within 30 days and the, Commission allows the owner, lienholder or mortgagee more than 30 days to repair, abate, remove or demolish a substandard structure, the Commission shall establish specific time schedules as the Commission determines are appropriate for the 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.
(F) If the owner, lienholder, or mortgagee establishes at the hearing that the complexity and scope of the work prohibits the completion of all required work within 90 days and the Commission allows the owner, lienholder or mortgagee more than 90 days to repair, abate, remove or demolish a substandard structure, the owner, lienholder or mortgagee shall:
(1) Within a reasonable fixed period set by the Commission, submit a detailed plan of all repairs, abatement processes and/or demolitions required to comply with city ordinances; and
(2) Within a reasonable fixed period set by the Commission, submit a detailed time schedule for all repairs, abatement processes and/or demolitions required to comply with city ordinances; and
(3) Within a reasonable fixed period set by the Commission, secure all structures on the property in a reasonable manner from unauthorized entry while the work is being performed; and
(4) Maintain the property in a clean and sanitary condition during the performance of work including maintenance of the yard and other landscape on the property.
(G) If the Commission grants an owner, lienholder or mortgagee, more than 90 days to repair, abate, remove or demolish a substandard structure on property within the jurisdiction of the city and the value of the property and all improvements exceed $50,000, the Commission may require the owner, lienholder, or mortgagee to post a cash or surety bond or letter of credit or third-party guaranty to cover the cost of the work ordered by the Commission.
(Ord. 11-2018-96, passed 11-27-18)