§ 91.53 NOTICE OF VIOLATION.

   (A)   Whenever it is determined that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, notice of such alleged violation shall be given to the owner, lienholder, or mortgagee and such alleged violations shall constitute a nuisance.

   (B)   The notice shall contain:

      (1)   The date, time, and location of the hearing before the Planning and Zoning Board; and

      (2)   A statement that the owner, lienholder, or mortgagee will be required to submit proof, at the hearing, of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work.

   (C)   Prior to conducting the hearing before the Planning and Zoning Board the city will make an effort to locate each lienholder and mortgagee having an interest in the building or in the property on which the building is located and give them a notice of and an opportunity to comment at the hearing.

   (D)   The city may file notice of the hearing in the official public records of real property in Caldwell or Guadalupe County.

(Ord. 2017-07-02, passed 2-7-2017)

§ 91.54 INITIAL HEARING.

   (A)   The Planning and Zoning Board may require the owner, lienholder, or mortgagee of the building to, within 30 days, secure the building from unauthorized entry or to repair, remove, or demolish the building, whichever is applicable, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days. The city will furnish a copy of the order to any lienholders or mortgagees in the event the owner fails to timely take the ordered action.

   (B)   The Planning and Zoning Board may allow the owner, lienholder, or mortgagee more than 30 days to repair, remove or demolish the building. If the Planning and Zoning Board allows the owner, lienholder, or mortgagee more than 30 days to repair, remove or demolish the building, the Planning and Zoning Board shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder, or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed. The city will furnish a copy of the order to any lienholders or mortgagees in the event the owner fails to timely take the ordered action.

   (C)   The Planning and Zoning Board may not allow the owner, lienholder, or mortgagee more than 90 days to repair, remove, or demolish the building or to fully perform all work required to comply with the order unless at the hearing the owner, lienholder, or mortgagee submits a detailed plan and time schedule for the work at the hearing and establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.

   (D)   If the Planning and Zoning Board allows the owner, lienholder, or mortgagee more than 90 days to complete any part of the work required to repair, remove, or demolish the building, the Planning and Zoning Board shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the city Building Official to demonstrate that the owner, lienholder, or mortgagee has complied with the time schedules established for commencement and performance of the work. The city will furnish a copy of the order to any lienholders or mortgagees in the event the owner fails to timely take the ordered action.

(Ord. 2017-07-02, passed 2-7-2017)

§ 91.55 BURDEN OF PROOF AT INITIAL HEARING.

   In the hearing to determine whether a building complies with the standards set out in the building regulations of this city code, the owner, lienholder, or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with the housing code and the time it will take to reasonably perform the work.

(Ord. 2017-07-02, passed 2-7-2017)

§ 91.56 PROCEDURE AFTER HEARING.

   After the hearing before the Planning and Zoning Board the city will mail by certified mail, return receipt requested, a copy of the order to the owner of the building and to any lienholder or mortgagee of the building. Within ten days after the date the order from the Planning and Zoning Board is issued the city will:

   (A)   File a copy of the order in the office of the City Clerk; and

   (B)   Publish in a local newspaper a notice containing:

      (1)   The street address or legal description of the property;

      (2)   The date of the hearing;

      (3)   A brief statement indicating the results of the hearing or order; and

      (4)   Instructions stating where a complete copy of the order may be obtained.

(Ord. 2017-07-02, passed 2-7-2017)

§ 91.57 ENFORCEMENT.

   (A)   After the expiration of the time granted by the Planning and Zoning Board for the repair, removal, demolition of a building, or the relocation of occupants of a building, whichever is applicable, the city will either:

      (1)   Refer the property owner to municipal court for criminal prosecution;

      (2)   Vacate occupants, secure, remove, or demolish the building, or relocate the occupants, whichever is applicable, and assess the expenses against the property on which the building is located;

      (3)   Repair the building and assess the expenses on the land on which the building stands or to which it is attached; or

      (4)   Assess a civil penalty against the property owner for failure to repair, remove, or demolish the building.

   (B)   The Planning and Zoning Board by order, may assess and recover a civil penalty against the property owner in an amount not to exceed $1,000 per day for each violation or, if the owner shows that the property is the owner's lawful homestead, in an amount not to exceed $10 per day for each violation, if the city proves:

      (1)   The property owner was notified of the requirements of this chapter and the owner's need to comply with the requirements; and

      (2)   After notification, the property owner committed an act in violation of this chapter or failed to take an action necessary for compliance with this subchapter.

(Ord. 2017-07-02, passed 2-7-2017)

§ 91.58 SECURING OF SUBSTANDARD BUILDINGS.

   The city may secure a building if the city determines the building violates the minimum standards set forth in the building regulations of this code and is unoccupied or is occupied only by persons who do not have a right of possession to the building.

(Ord. 2017-07-02, passed 2-7-2017)

§ 91.59 NOTICE OF SECURED BUILDING.

   Before the eleventh day after the date the building is secured pursuant to § 91.58, the city will give notice to the owner of the building by either:

   (A)   Personally serving the owner with written notice;

   (B)   Depositing the notice in the United States mail addressed to the owner at the owner's post office address; or

   (C)   If personal service cannot be obtained and the owner's post office address is unknown:

      (1)   Publishing the notice at least twice within a ten-day period in the official newspaper of the city; or

      (2)   Posting the notice on or near the front door of the building. The notice will contain:

         (a)   An identification of the building and the property on which it is located;

         (b)   A description of the violation of the Building Regulations Code standards that is present at the building;

         (c)   A statement that the city will secure or has secured, as the case may be, the building; and

         (d)   The owner's right to request a hearing about any matter relating to the city's securing of the building.

(Ord. 2017-07-02, passed 2-7-2017)