(A) Under the provisions of Tex. Transp. Code § 681.009, as amended, it is hereby required that the owners of all private property or persons who control property used for parking in the City and establish parking spaces or areas for persons with disabilities shall conform said parking spaces or areas to the standards and specifications referred to in Tex. Transp. Code § 681.009(b).
(B) The use of any parking space established for disabled persons shall be unlawful except for use by those persons parking vehicles which are being operated by or for a person with disabilities and which vehicle displays a valid disabled parking placard issued pursuant to Tex. Transp. Code Ch. 681 or special license plates issued pursuant to Tex. Transp. Code §§ 504.201 or 504.202.
(C) Pursuant to Tex. Transp. Code § 681.011(f), it is hereby provided that Tex. Transp. Code § 681.011, as amended, shall apply to a parking space or area for persons with disabilities on private property that is designated in compliance with the identifications requirements set forth in Tex. Transp. Code § 681.009(b).
(D) The Chief of Police, or any member of the Police Department designated by the Chief of Police, is hereby authorized to issue a citation to any person who is found to have violated division (B) above; and
(E) The Director of Regulatory Compliance, or designee, is hereby authorized to enforce the provision of division (A) above as follows:
(1) It is an offense for any person owning, leasing, claiming, occupying, or having supervision or control of any real property within the city to suffer, permit, or allow disabled accessible parking spaces to be in violation of the standards and specification referred to in Tex. Transp. Code § 681.009(b).
(2) All existing, non-conforming disabled accessible parking spaces shall be repaired within 60 days from the date of the adoption of this section. It shall be considered a nuisance to maintain a disabled accessible parking space that is not in compliance with this section.
(3) Notice of violation prior to abatement by city.
(a) Notice required. If the person owning, leasing, claiming, occupying, or having supervision or control of any property fails to comply with the requirements of these provisions, a city official may cause the property owner notified to comply within 30 days of the date of notice.
(b) Method of notice. The notice shall be given:
1. Personally to the owner in writing;
2. By letter addressed to the owner at the owner’s address as recorded in the appraisal district records of the Appraisal District in which the property is located;
3. Personally to the person owning, leasing, claiming, occupying, or having supervision or control of the property; or
4. By letter addressed to the person owning, leasing, claiming, occupying, or having supervision or control of the property.
(c) Unclaimed notice. If notice is mailed in accordance with this division (E), and the United States Postal Service returns the notice as “refused” or “unclaimed” the validity of the notice is not affected, and the notice is considered as delivered.
(d) Work to be performed. If the owner does not cause to be repaired the violations of this section, the city may go on such property or authorize another to go on such property, and do or cause the work to be done and charge the expenses incurred to the owner of the property and assess the expenses against the real estate on which the work was done. The remedy provided in this section is in addition to any criminal penalties or other remedies authorized by this chapter or other law.
(e) Contents of notice. The notice shall contain:
1. The name and address of the record owner;
2. An identification, which is not required to be a legal description, of the property upon which the violation is located;
3. A statement describing the violation and the work necessary to correct the violation;
4. A statement advising the owner that if the work is not completed within 30 days, the city will complete the work and charge the expenses to the owner; and
5. A statement that if the city performs the work and the owner fails to pay the expenses, a priority lien may be placed on the property.
(4) Assessment of expenses; lien; appeal.
(a) Notice. In assessing the expenses incurred pursuant to this division (E) against the property on which the work is done or improvements made, the city shall send the owner of the property upon which the work was done a notice which shall include:
1. Identification of the property;
2. A description of the violation;
3. A statement that the city abated the condition;
4. A statement of the city’s expenses in abating the condition;
5. An explanation of the property owner’s right to request a hearing within ten days of the date of the letter; and
6. A statement that if the owner fails or refuses to pay the expenses within 30 days of the date of the notice, the city shall place a lien against the property by filing with the County Clerk of the county in which the property is located a notice of lien and statement of expenses incurred.
(b) Method. The notice shall be sent in the same manner as provided in division (E)(3)(b) above.
(c) Hearing. The City Manager or designee will conduct a hearing if the property owner submits a written request within ten days of the date of the notice. At the hearing:
1. The owner and the city may testify or present witnesses or written information related to the city’s abatement of the nuisance.
2. The city has the burden to show that a violation of this section existed, notice was given in substantial compliance with this section, and expenses were incurred to abate the violation.
3. At the close of the hearing, the City Manager or designee may find, based upon a preponderance of the evidence, that the expenses are valid, or that they are erroneous or he or she may adjust them.
(d) Placement of lien. If no hearing is requested, or a hearing is held and the expenses are determined to be valid or are otherwise appropriately adjusted, and the owner fails or refuses to pay the expenses within 30 days after written notification to pay, the city shall place a lien against the property by filing with the County Clerk of the county in which the property is located a notice of lien and statement of expenses incurred.
(e) Security. The lien is security for the expenses and interest accruing at the rate of 10% per annum from the date the work was performed or the expenses were incurred by the city.
(f) Filing. When the statement is filed, the city shall have a privileged lien on that property, second only to tax liens and liens for street improvements.
(g) Suit. The city may institute suit to recover the expenses, with interest, and may foreclose on the property. The original or a certified copy of the statement of expenses is prima facie proof of the expenses incurred by the city in doing the work or making the improvements.
(F) In addition to any applicable fine, any vehicle in violation of this section, whether on public or private property, may be removed and stored at the expense of the owner or operator of the vehicle in accordance with the provisions of Tex. Occ. Code Ch. 2308, as amended.
(Ord. OR-2362-24, passed 4-22-24)