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To enforce any requirement of this subchapter, any enforcement personnel may gain compliance by any or all of the following:
(A) Taking such action as the Enforcement Officer deems appropriate within the authorization provided for in this subchapter or any other ordinances of the city;
(B) Causing appropriate action to be instituted in a court of competent jurisdiction;
(C) Ordering the abatement of the nuisance and assessing the costs of abatement against the property if the property owner does not abate same after the required notice; or
(D) Any other remedies permitted or authorized at law or in equity.
(Ord. 11012016-BUILDING, passed 11-1-2016)
(A) Whenever the city enters upon the premises and causes any work to be performed to abate a nuisance, or if the building or agricultural structure is not vacated, secured, repaired, removed or demolished, or if the occupants are not relocated within the allotted time, the city may take such action at its own expense, and a charge will be made to the property owner, agent or tenant to recover the costs associated with the abatement. The charge shall be the actual cost of abatement, plus applicable sales taxes.
(B)
An administrative fee in an amount set by City Council and maintained in the city's master fee schedule shall be assessed for a charge established by this section.
(C) If the actual charge and the administrative fee are not paid to the city within 30 days after billing, the city shall file a lien against the property. Said lien shall be filed in the deed records of the county. The charges shown on the lien shall bear interest at the rate of 8% per annum from the due date until paid. The lien shall be collected under the same terms and provisions of law as on city ad valorem taxes. The lien may be extinguished prior to foreclosure if the owner or other person having an interest in the legal title to the property reimburses the city for its expenses, interest and administrative fee(s). If the notice is given pursuant to § 150.37(F) of this subchapter and the opportunity to abate the nuisance or repair, remove or demolish the building or agricultural structure is afforded to each mortgagee or lienholder under said § 150.37(F), the lien is a privileged lien subordinate only to tax liens as authorized by the Texas Local Government Code § 214.001(o).
(Ord. 11012016-BUILDING, passed 11-1-2016; Ord. 05-19-2020-MASTER, passed 5-19-2020)
Whenever the property owner, agent or tenant fails to abate the nuisance within the time allowed, the Enforcement Officer is hereby authorized to contract with a contractor to perform such work as may be required to abate the nuisance, with approval of the City Administrator and in compliance with the city's purchasing policy.
(Ord. 11012016-BUILDING, passed 11-1-2016)
Nothing in this subchapter shall prohibit the requirement for abatement within 24 hours, or a period of time less than as prescribed herein for public hearings, notice thereof or other recovery of costs and establishment of liens, when a nuisance has been declared an immediate threat to health and safety by the Enforcement Officer.
(Ord. 11012016-BUILDING, passed 11-1-2016)
(A) District court. Any property owner, lienholder or mortgagee jointly or severally aggrieved by a substandard building determination order of the City Council issued under this subchapter shall be entitled to review by a state district court pursuant to Texas Local Government Code § 214.0012 and the city shall be entitled to an award of attorney's fees, costs and expenses and judgment therefor, pursuant to Texas Local Government Code § 214.0012(h).
(B) Municipal court. Action taken by the city pursuant to this subchapter shall not affect the ability of the city to proceed under the jurisdiction of the city's municipal court. The City Council, if unable to meet a quorum because of recusals or vacancy to hold a public substandard building determination hearing, may refer the matter to the Godley Municipal Court to conduct the hearing on their behalf.
(Ord. 11012016-BUILDING, passed 11-1-2016)
(B) Any violation of §§ 150.30 et seq. is a misdemeanor, and any person found to be guilty thereof shall be punishable by a fine not less than $1 and no more than $2,000 pursuant to Texas Local Government Code § 54.001(b)(1). Each day that such violation continues shall constitute a separate prosecutable offense and shall be punishable accordingly. Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by §§ 150.30 et seq.
(Ord. 8-2006-H, passed 6-8-2006; Ord. 9-21-2009A, passed 9-21-2009; Ord. 9-21-2009B, passed 9-21-2009; Ord. 02032015-RENT, passed 2-3-2015; Ord. 11012016-BUILDING, passed 11-1-2016)