§ 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)

§ 91.60 HEARING.

   (A)   If, within 30 days after the date the city secures a building, the owner files with the city a written request for a hearing, the Planning and Zoning Board will conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the city's securing of the building.

   (B)   The Planning and Zoning Board will conduct the hearing within 20 days after the date the request is filed.

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

§ 91.61 PROCEDURE AFTER HEARING.

   After the hearing before the Planning and Zoning Board, or the expiration of the time allowed for the owner to request a hearing and no hearing has been requested, 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 the city's official 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)

§ 91.62 COSTS.

   The city may assess the expenses incurred to secure a building pursuant to § 91.58 against the property on which the building is located. The city may foreclose a lien under this section unless it is homestead property protected by the Texas Constitution.

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