(A) Inspection. Whether by personal observation of the Enforcement Officer, an individual's complaint to the city, referral by the Fire or Police Chief, or otherwise a building is suspected of being substandard under this subchapter, an inspection shall be performed and/or supervised by the Enforcement Officer. The inspection may be performed by the Enforcement Officer, a licensed and trained building inspector, the City Engineer, Fire Chief or other trained to review and determine compliance with the laws of the state, the city's ordinances and the various applicable building codes adopted by the city.
(B) Inspection report. Within 15 days of the completion of the inspection provided for in division (A), the Enforcement Officer shall prepare or have prepared an inspection report. The report shall include a comprehensive list of violations which support that the building is substandard under this subchapter. The individual violations shall cite the law or code being violated, in order to provide notice to the city and property owner of the specific violation(s). The report should also include, for Council review, at least two estimates of what it would potentially cost to rehabilitate the substandard building to code compliance or to demolish and haul off the substandard structure. And, the report shall include the name(s) of all individuals with a right of ownership to the property after a thorough search of all who could have an interest in the land. This search should include researching central appraisal district data, county land deed records, online property interest searches, speaking with parties knowledgeable about the property's ownership and any other methods designed to identify all who have a right of ownership to the property. The report shall then be filed with the City Secretary's office, with a copy being provided to the City Administrator for review and action.
(C) Compliance request letter. The City Administrator and Enforcement Officer, within ten days of the filing of the inspection report provided for in division (B), have the option to mail a letter, certified mail with return receipt requested to the property owner requesting compliance and providing a full copy of the inspection report, in lieu of proceeding directly to a substandard building determination hearing. If sending a compliance request letter, the letter shall provide a copy of this subchapter providing the property owner notice of the procedures and policies for substandard building determinations in the city. The letter shall also inform the property owner that if the property does not achieve full and complete compliance, addressing the entire list of violations provided in the inspection report, within 30 days that a substandard building determination hearing will be scheduled.
(D) Substandard building determination hearing notice. If the Enforcement Officer, in their discretion, does not believe there is time for compliance as provided for in division (C) and determines that a nuisance exists that requires the vacation, securing, repair or removal of a building, structure or nuisance condition on a property or the relocation of the occupants of a property, the Enforcement Officer shall:
(1) Provide notice of the nuisance to the property owner, mortgagee, lienholder or other with a right to the property as well as any known tenant or occupant by personal service or by mailing the notice by certified mail return receipt requested. A copy of the same notice shall also be mailed by regular United States Postal Service mail to the same list of people sent certified mail return receipt requested. The city satisfies the requirements of this subchapter to make a diligent effort, to use its best efforts, or to make a reasonable effort to determine the identity and address of a property owner, lienholder, mortgagee or tenant if the city searches the following records:
(a) County real property land records;
(b) County appraisal district records;
(c) Records of the Secretary of State;
(d) Assumed name records of the county; and
(e) Utility records for the property.
(2) Provide detail in such notice of the standard(s) violated under this subchapter and the necessary action to abate the nuisance; a copy of the Enforcement Officer's inspection report;
(3) Advise such property owner, lienholder, mortgagee, tenant or occupant of the date, time and place of the substandard building determination hearing at which a determination will be made by the City Council as to whether the nuisance exists and whether the real property, building, structure, premises or any portion thereof complies with the standards of this subchapter;
(4) Include a statement in such notice that the property owner, lienholder, or mortgagee will be required to submit proof of the scope of any work that may be required to comply with this subchapter and the time it will take to reasonably perform the work.
(E) Date of hearing. The date of the substandard building determination public hearing before the City Council shall not be fewer than 30 days from the date of the personal service of the substandard building determination public hearing notice or deposit of the same in the United States Postal Service mail, certified mail return receipt requested, whichever is earliest.
(F) Hearing notice to be filed with land records. The City Secretary shall file any substandard building determination public hearing notice in the county real property records at least ten days before the date of the public hearing. The filing of notice of the substandard building determination public hearing shall be binding upon subsequent grantees, lienholders or other transferee of any interest in the property who acquire such interest after the filing of the notice and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice. The substandard building determination hearing notice filed with the county real property records shall contain:
(1) The name and address of the property owner of the affected real property, if that information can be determined from a reasonable search of the instruments on file with the County Clerk;
(2) A legal description of the property; and
(3) A description of the hearing.
(G) Conduct of hearing. The City Council shall conduct the substandard building determination hearing to determine compliance with the standards set out in this subchapter. This hearing shall be open to the public and strictly comply with the Texas Open Meetings Act. At the beginning of the hearing and before the public comments on the issue are heard, the Enforcement Officer and/or City Administrator shall provide a detailed description of the problems and violations associated with the property in question; briefing the City Council and public on the situation. This briefing shall include and incorporate the findings of the Enforcement Officer's inspection report, any photo/video/audio evidence collected during the city's inspection and investigation of the property and the specific issues or violations related to the property that lead to the Enforcement Officer or City Administrator's belief that the City Council should determine the building to be substandard. Then, the City Council shall open the discussion to the public hearing from any party wishing to speak for or against the substandard building determination. Any person, not the property owner, a lienholder, mortgagee, or tenant of the property shall be limited to five minutes speaking time. Upon a discussion of interested third parties, the City Council shall then give the property owner, lienholders, mortgagees and tenants or occupants of the property to speak and present any proof or evidence in support of their position. At hearing, the burden of proof is on the property owner, lienholder, or mortgagee to demonstrate the scope of any work that may be required to comply with this subchapter and the time it will take to reasonably perform the work.
(H) Orders and notice after hearing.
(1) If, after conducting a substandard building determination hearing, the City Council finds that a building is in violation of the standards set out in this chapter, the City Council shall require the property owner, lienholder or mortgagee of the building to, within 30 days:
(a) Secure the building from unauthorized entry; or
(b) Repair, remove or demolish the building unless the property owner, mortgagee or lienholder establishes at the substandard building determination hearing that the work cannot reasonably be performed within 30 days. If the City Council allows the owner, lienholder or mortgagee more than 30 days to repair, remove or demolish the building, the City Council shall establish specific time schedules for the commencement and performance of the work and shall require the property owner, lienholder or mortgagee to secure the building in a reasonable manner from unauthorized entry while the work is being performed. The City Council may also order that occupants of the building be relocated within a reasonable time.
(2) The City Council may not allow the property owner, lienholder or mortgagee more than 90 days to complete any part of the work required to comply with the order unless the property owner, lienholder or mortgagee has:
(a) Submitted at the substandard building determination hearing a detailed plan and time schedule; and
(b) Establishes at the substandard building determination hearing that the work cannot be reasonably completed within 90 days because of the scope and complexity of the work. If the City Council allows the property owner, lienholder or mortgagee more than 90 days to complete any part of the work required to repair, remove or demolish the building, the City Council shall require the property owner, lienholder or mortgagee to regularly submit progress reports to the City Council through the Enforcement Officer to demonstrate compliance with time schedules established for commencement and performance of the work and may require the property owner, lienholder or mortgagee appear before the Enforcement Officer, the City Council or their designees, to demonstrate compliance with the time schedules. If the property owner, lienholder or mortgagee owns property, including structures or improvements on property, within the city's boundaries that exceeds $100,000 in total value, the City Council may require the owner, lienholder or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing a building under this subchapter. In lieu of a bond, the City Council may require the property owner, lienholder or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party approved by the City Council. The bond must be posted, or the letter of credit or third-party guarantee provided, not later than the thirtieth day after the date the city issues the order.
(3) Within ten days after the date the order is issued, the city shall:
(a) File a copy of the order in the office of the City Secretary; and
(b) Publish in a newspaper of general circulation in the city a notice containing:
1. The street address or legal description of the property;
2. The date of the hearing;
3. A brief statement indicating the results or the order; and
4. Instructions stating where a complete copy of the order may be obtained.
(4) After the hearing, the city shall promptly mail by certified mail with return receipt requested, deliver by the Unites States Postal Service using signature confirmation service or personally deliver a copy of the order to the property owner of the building and to any lienholder or mortgagee of the building. The city shall use its best efforts to determine the identity and address of any property owner, lienholder or mortgagee of the building.
(5) If the building is not vacated, secured, repaired, removed or demolished, or the occupants are not relocated within the allotted time, the city may vacate, secure, remove or demolish the building or relocate the occupants at its own expense. This division does not limit the ability of the city to collect on a bond or other financial guarantee that may be required by division (H)(2)(b).
(I) Repair, vacation or demolition. The following standards shall be followed by the City Council in ordering the repair, vacation or demolition of any building, and any building declared a nuisance under this subchapter shall be made to comply with one or more of the following:
(1) The building shall be repaired in accordance with the building codes adopted by the city and in effect at the time of the repair applicable to the type of substandard conditions requiring repair.
(2) Repairs shall be deemed feasible only if less than 50% of the building must be repaired or replaced and the repairs amount to less than 50% of the building's value.
(3) If the building is in such a condition as to make it dangerous to the health, safety and welfare of the occupants, it shall be ordered vacated and secured from unlawful entry.
(4) If the building requires repairs over greater than 50% of its surface or amounting to greater than 50% of its value, it shall be demolished. Further, if a building cannot be repaired so that it will be brought into compliance with this subchapter, it shall be demolished. Additionally, if the building as it stands presents an incurable fire hazard in violation of the terms of this chapter or any ordinance of the city or law of the state, it shall be demolished. For the purpose of this subchapter, the term "demolished" includes the cleaning and grading of the building and the removal of all debris and trash.
(5) If the building is not vacated, secured, repaired, removed or demolished or the occupants are not relocated within the allotted time, the city may vacate, secure, remove or demolish the building or relocate the occupants at its own expense, and may thereafter assess expenses and establish a lien against the property, as set forth in § 150.39(C) of this subchapter.
(6) If, after the expiration of the time allotted under division (H) of this section, the property owner, lienholder or mortgagee fails to comply, the city may repair or cause the repairs necessary to bring the building into compliance with this subchapter and only if the building is a residential building with ten or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds the minimum standards, as defined by this subchapter, and expenses may be assessed as provided in § 150.39(A) of this subchapter.
(Ord. 11012016-BUILDING, passed 11-1-2016)