(1) Repair the building at the expense of the city and assess the expenses on the land on which the building stands or to which it is attached; or
(2) Assess a civil penalty in an amount not to exceed $1,000 per day against the property owner of the building for failure to repair, remove or demolish the building.
(a) Each day that the owner of the building fails to comply with the City Council's ordered action after the expiration of the time period in which to act as provided in this subchapter shall constitute a separate civil penalty.
(b) This section is adopted pursuant to the authority granted the city under Tex. Loc. Gov't Code §§ 54.012 to 54.019 and 214.0015.
(B) The city may repair a building under division (A) above only to the extent necessary to bring the building into compliance with the minimum standards and only if the building is a residential building with ten or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds minimum housing standards.
(C) If the city incurs expenses or assesses a civil penalty under division (A) or (B) above, the city shall impose a lien against the land on which the building stands or stood, unless it is a homestead as protected by the Texas Constitution, for the payment of the repair, removal or demolition expenses or the civil penalty. Promptly after the imposition of the lien, the city's Building Inspector shall file for record, in recordable form in the Atascosa County Clerk's Office, a written notice of the imposition of the lien. The notice of lien and notice of penalty or alternatively a notice of assessment containing the name and address of the owner, if that information can be determined with reasonable effort, a legal description of the real property on which the building is located, the amount of expenses incurred by the city and the balance due or alternatively, the amount of the penalties incurred and the amount owing shall be sent to the owner at the last known address at the time the lien attaches requesting that the balance due or amounts owing be paid immediately. The lien is extinguished if the owner or any other person(s) or entity(ies) having an interest in the legal title to the land reimburses the city for its expenses or pays the amount of the civil penalty.
(D) Except as provided by § 150.20 above, the city's lien to secure the payment of a civil penalty or the costs of repairs, removal or demolition is inferior to any previously recorded bonafide mortgage lien attached to the real property to which the city's lien attaches if the mortgage lien was filed for record in the Atascosa County Clerk's Office before the date the civil penalty is assessed or the repair, removal or demolition is begun by the city. The city's lien is superior to all other previously recorded judgment liens.
(E) Any civil penalty or other assessment imposed under this section accrues interest at the rate of 10% a year from the date of the assessment until paid in full.
(F) The city's right to the assessment shall not be transferred to third parties.
(G) In any judicial proceeding regarding enforcement of the city's rights under this section, the prevailing party is entitled to recover reasonable attorney's fees from the nonprevailing party.
(H) A lien acquired under this section by the city for repair expenses may not be foreclosed if the property on which the repairs were made is occupied as a residential homestead by a person 65 years of age or older.
(Ord. 1079, passed 1-20-1994)