(A) Compliance. If an order of the Commission under this chapter is not complied with, the city may take action. If the building is not vacated, secured, repaired, removed or demolished within the time specified by the order, the city may vacate, secure, repair, remove or demolish the building or relocate the occupants at its own expense, provided however:
(1) The city may not act to remove or demolish a building until after the Commission has found:
(a) That such defects or conditions exist to the extent that the life, health, property or safety of the public or the occupants of the building are endangered; and
(b) The building is infeasible of repair, or there is no reasonable probability that the building will be repaired within a reasonable period of time if additional time is given.
(2) The city may only repair a building as provided herein to the extent necessary to correct the conditions which render the building dangerous, and may not act to repair a building unless:
(a) The Commission has made a determination that the building is likely to endanger person or property; and
(b) The building is a residential dwelling with ten or fewer dwelling units.
(3) In the event there are mortgagors or lienholders, the city may only repair, remove or demolish the building after allowing the lienholder or mortgagee an additional 30 days after the time prescribed in the order has expired to complete the required work.
(4) Unless specifically authorized by a court order or by a written agreement signed by all record owners, mortgagees and lienholders, the city may not act to remove or demolish a building during the pendency of any appeal to a court of competent jurisdiction of the Commission’s order.
(B) Posting of notice to vacate building. If the order requires vacation or if compliance is not had within the time specified therein, the building official is authorized to require that the building be vacated. Notice to vacate shall be mailed by certified mail, return receipt requested to the occupant of the building and shall be posted at or upon each entrance to the building. The notice shall be in substantially the following form:
"SUBSTANDARD BUILDING
DO NOT ENTER
UNSAFE TO OCCUPY
It is unlawful to occupy this building or to remove or deface this notice.
The Harker Heights Building and Standards Commission has declared this building to be substandard. To obtain a copy of this order, contact the City Secretary at 305 Miller's Crossing, Harker Heights, Texas, (254) 953-5600.
Building Official
City of Harker Heights"
(C) Remedial action by city. Any repair or demolition work, or securing of the building shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided. Any surplus realized from the sale of such building, or from the demolition thereof, over and above the cost of demolition and cleaning of the lot, shall be paid over to the person or persons lawfully entitled thereto.
(D) Permit required. Any work of closure, repair, removal or demolition by the property owner or any lienholder or mortgagee or their agents must be performed pursuant to valid unexpired permits issued by the city. All permits issued pursuant to an order of the Commission shall expire upon expiration of the time for compliance set forth in the order.
(Ord. 2011-07, passed 4-12-11; Am. Ord. 2012-02, passed 2-14-12)