The City Council shall perform the duties set forth in this section, the Standard Unsafe Building Abatement Code, and Tex. Local Gov't Code §§ 214.001 et seq., including but not limited to:
(A) Scheduling and holding a hearing and hearing such testimony from the Building Official and the owner or a person having an interest in the dangerous building. Such testimony shall relate to the determination of the question of whether the building or structure in question is a dangerous building and the scope of any work that may be required to comply with this chapter and the amount of time it will take to comply with this chapter and the amount of time it will take to reasonably perform the work. The owner or a person having an interest in the dangerous building shall have the burden of proof to demonstrate the scope of any work that may be required to comply with this chapter and the time it will take to reasonably perform the work.
(B) (1) Upon conclusion of the hearing, the City Council shall determine by a majority vote whether the building or structure in question is a dangerous building. Upon the concurring vote of a majority of the members of the City Council that the building or structure in question constitutes a dangerous building, the City Council shall issue an order:
(a) Containing an identification of the building and the property on which it is located;
(b) Making written findings of the violations of the minimum standards that are present at the building;
(c) Requiring the owner and persons having an interest in the building to repair, vacate, or demolish the building within 30 days from the issuance of such order, unless the owner or a person with an interest in the building establishes at the hearing that the work cannot reasonably be performed within 30 days, in which instance the City Council shall specify a reasonable time for the completion of the work.
(d) Containing a statement that the city will cause to be vacated, secured, removed or demolished the dangerous building and evict the occupants of the building if the ordered action is not taken within the time specified by the City Council.
(2) The City Council shall deliver a copy of the order by hand delivery or certified mail to the owner and all persons having an interest in the property, including all identifiable mortgagees and lienholders as soon as is practicable after the hearing. In addition, the City Council shall within ten days after the date the order is issued file a copy of the order in the office of the City Secretary; and publish in the official newspaper a notice containing:
(a) The street address or legal description of the property;
(b) The date of the hearing;
(c) A brief statement indicating the results of the order; and
(d) Instructions stating where a complete copy of the order may be obtained.
(C) If the City Council allows the owner or a person with an interest in the dangerous building more than 30 days to repair, remove, or demolish the building, the City Council in its written order shall establish specific time schedules for the commencement and performance of the work and shall require the owner or person to secure the property in a reasonable manner from unauthorized entry while the work is being performed. The securing of the property shall be in a manner found to be acceptable by the City Building Official.
(D) The City Council may not allow the owner or person with an interest in the dangerous building more than 90 days to repair, remove, or demolish the building or fully perform all work required to comply with the written order unless the owner or person:
(1) Submits a detailed plan and time schedule for the work at the hearing; and
(2) Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.
(E) If the City Council allows the owner or person with an interest in the dangerous building 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 owner or person to regularly submit progress reports to City Council to demonstrate that the owner or person has complied with the time schedules established for commencement and performance of the work. The written order may require that the owner or person with an interest in the building appear before the City Building Official or City Council to demonstrate compliance with the time schedules.
(`88 Code, Ch. 3, § 4.05(a) - (e)) (Ord. 402, passed 8-9-94)