§ 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)

§ 91.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed is subject to § 10.99.

   (B)   A person who violates any provision of § 91.05 shall be punished, upon conviction thereof, by a fine not to exceed $500.

   (C)   (1)   A person who violates any provision of §§ 91.15 through 91.19 pertaining to public health and sanitation, including dumping of refuse, shall be punished, upon conviction, by a fine not to exceed $2,000.

      (2)   A person who violates any other provision of §§ 91.15 through 91.19 shall be punished, upon conviction thereof, by a fine not to exceed $500.

      (3)   Notwithstanding division (B)(1) or (2) above, no penalty for a violation shall be greater or less than the penalty provided for the same or similar offense under the laws of the state.

      (4)   Except as otherwise provided in an ordinance, a separate offense shall be deemed committed upon each day on or during which a violation occurs or continues.

      (5)   Prosecution for violation of a provision of a city ordinance is not a prerequisite or bar to any other remedy or relief for the violation under a city ordinance or state law.

   (D)   (1)   Any person who violates any provision of §§ 91.30 through 91.39 commits a misdemeanor and upon conviction shall be subject to a fine not to exceed $1,000. Each day a violation continues constitutes a separate offense.

      (2)   Upon conviction of a person for violation of §§ 91.30 through 91.39, the court may order the removal and abatement of the nuisance vehicle by the person.

   (E)   Culpable mental state, penalty.

      (1)   Any violation of §§ 91.50 through 91.68 is declared to be a strict liability offense and a culpable mental state is clearly dispensed with.

      (2)   Any violation of §§ 91.50 through 91.68 is punishable by fine of not less than $1 nor more than $2,000. Every day shall constitute a new and distinct offense.

(Ord. 2010-395, passed 7-20-2010; Ord. 2011-01-01, passed 2-1-2011; Ord. 2017-07-02, passed 2-7-2017; Ord. 2022-11-03, passed 11-3-2022)