(A) In addition to the procedures outlined in § 150.20 above for securing buildings or structures, the city may secure a building or structure as provided for in this section. This section is adopted pursuant to the authority granted the city under Tex. Loc. Gov't Code, § 214.0011.
(B) The city may secure a building the city determines:
(1) Violates minimum standards specified in § 150.20(C) above; and
(2) Is unoccupied or is occupied only by persons who do not have a right of possession to the building or structure.
(C) Before the eleventh day after the day the building is secured, the city's Building Inspector shall give notice to the owner by:
(1) Personally serving the owner with written notice;
(2) Depositing a written notice in the United States mail (certified mail - return receipt requested) addressed to the owner at the owner's post office address;
(3) Publishing the notice at least twice within a ten-day period in a newspaper of general circulation in Atascosa County if personal service cannot be obtained and the owner's post office address is unknown; or
(4) Posting the notice on or near the front door of the dangerous building if personal service cannot be obtained and the owner's post office address is unknown.
(D) (1) For purposes of division (C) above, the notice must contain the following elements:
(a) An identification (which is not required to be a legal description) of the building and the property on which the building is located;
(b) A description of the violation of the city's standards, as outlined in § 150.20(C) above, and division (B) above 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) An explanation of the owner's entitlement to request a hearing about any matter relating to the city's securing of the building.
(2) This notice shall also comply with the requirements outlined in § 150.23(A) below.
(E) The City Council shall 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 if, within 30 days after the date the city secures the building, the owner files with the city a written request for the hearing. The City Council shall conduct a hearing within 20 days after the date the request is filed. Failure to submit a written request for a hearing before the City Council about any matter relating to the city's securing of a building within the 30-day period specified in the notice shall constitute a waiver of the right to a hearing.
(F) The city has the right to assess expenses under this section as it has to assess expenses under § 150.20(J) above. A lien is created under this section in the same amount that a lien is created under § 150.20(I) and (K) above and is subject to the same conditions as a lien created under § 150.20(J) above.
(Ord. 1079, passed 1-20-1994)