(a) Nonexclusive. The remedies and penalties set out herein are intended to be non-exclusive; that is, they shall be construed to not exclude the city from seeking any and all remedies at law or equity to which the city may be entitled under state law or otherwise, and the remedies as set out herein shall be considered in addition to and cumulative of such remedies as set out under state law.
(b) Criminal penalties in municipal court.
(1) The owner, occupant, lessee, agent, or any other person subject to any notice and order issued by the court under this article who shall fail to comply with said order to repair, remove, demolish, or secure such building or structure, or any person who shall willfully refuse or fail to leave a building which has been ordered vacated under the terms of this article or who shall enter an area around such building that the court has declared to be dangerous, shall be deemed guilty of a misdemeanor and shall be subject to a fine as provided in Section 1-4 of this Code. Each and every day's violation shall constitute a separate and distinct offense.
(2) In case the owner or occupant of any dangerous building or structure ordered vacated, repaired, removed, demolished, or secured under the terms of this article shall be a corporation and shall violate any of the provisions of this article, the president, the vice president, the secretary, or treasurer of such corporation or any manager or agent of such corporation shall be severally liable for the penalties herein provided.
(3) Any person removing the notice provided for in this article from the building or structure shall be deemed guilty of a misdemeanor and subject to the penalties set forth in Section 1-4 of this Code.
(c) Civil action authorized.
(1) Remedies authorized. The City Attorney may in his or her discretion seek any and all remedies authorized under state law, including without limitation the provisions of Chapters 54 and 214 of the Local Government Code. Such remedies may include, but are not limited to injunctive relief, enforcement and collection of civil penalties authorized under this article, an action to compel the repair, demolition, or securing of any building or structure, recovery of all costs of the city, including court costs and attorneys fees, appointment of a receiver to administer any non-compliant property in accordance with Section 214.003 of the Local Government Code, and any and all other remedies actionable to the city under law or equity.
(2) Lis pendens authorized. The City Attorney may file a notice of lis pendens in the office of the County Clerk regarding such action. If the city files such notice, a subsequent purchaser or mortgagee who acquires an interest in the non-compliant property takes the property subject to the enforcement proceeding of the city and subsequent orders of any court.
(d) Buildings or structures secured by the city. For any building or structure which the city itself wishes to secure in accordance with this article, following such securing of said building or structure the city shall undertake the following procedure:
(1) Before the 11th day after the date the building is secured, the city shall give notice to the owner of said property by:
a. personally serving the owner with written notice;
b. depositing the notice in the U. S. mail addressed to the owner at the owner's post office address;
c. publishing the notice at least twice within a ten day period in a newspaper of general circulation in the county in which the building is located if personal service cannot be obtained and the owner's post office address is unknown; or
d. posting the notice on or near the front door of the building if personal service cannot be obtained and the owner's post office address is unknown.
(2) The notice must contain:
a. an identification, which is not required to be a legal description, of the building and the property on which it is located;
b. a description of the violation of this article that is present on the premises;
c. a statement that the city will secure or has secured, as the case may be, the building or other structure; and
d. an explanation of the owner's entitlement to request a hearing about any matter relating to the city's securing of the building.
(3) The city shall conduct a hearing before the court at which the owner may testify or present witnesses or written information about any matter relating to the city's securing of the building if, before the expiration of 30 days after the date the city secures the building, the owner files with the city a written request for the hearing. The court shall conduct a hearing within 30 days after such a request is filed. After the hearing, if the court finds that the building is a dangerous building, as defined in this article, the court may issue an order to secure said building. If the court finds that the building is not a dangerous building, as defined in this article, and if so requested by the owner, the court shall issue an order to the city to unsecure the building.
(4) The court may issue warrants for the securing of buildings either before or after the hearing described in this section has been conducted; provided, however, that the court shall comply with any and all requirements of state and/or federal law applicable to the issuance of such warrants.
(5) The city has the same authority to assess expenses under this section as it has to assess expenses under Section 19-53 herein. A lien is created under this section in the same manner that a lien is created under Section 19-53 and is subject to the same conditions as a lien created under that section.
(6) The city may provide the notice required by this section and the court may conduct the hearing required herein before securing a dangerous building or structure and both shall do so if required by state or federal law.
(Ord. No. 2893, § 2, 1-13-00; Ord. No. 3113, § 7, 3-21-02)