(A) (1) When the city is required by this subchapter to send a notice to an owner of real property for the purpose of enforcing this subchapter, the notice shall include the following statement in the notice: "According to the real property records of Atascosa County, you own or have an interest in the real property described in this notice. If you no longer own or have an interest in the property, you must execute an affidavit stating that you no longer own or have an interest in the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to City Hall not later than the twentieth day after the date you receive this notice. If a newspaper notice is involved, the 20-day period begins on date the notice is published; if notice is filed in the public records, the 20-day period begins on date the notice is recorded. If you do not send the affidavit, it will be presumed that you own or have an interest in the property described in this notice, even if you do not." The notice must be delivered in person or by certified mail, return receipt requested.
(2) If the city sends a notice to the owner(s), lienholder(s) or mortgagee(s) of the property to which the notice relates, as shown on or after the tenth day before the date notice is sent by the real property records of Atascosa County, and the record owner(s) no longer own the property, or the lienholder(s) or mortgagee(s) no longer have an interest in the property, the record owner(s), lienholder(s) or mortgagee(s) shall execute an affidavit provided with the notice by the city stating:
(a) That the record owner no longer owns the property, or the lienholder(s) or mortgagee(s) no longer have an interest in the property; and
(b) The name and last known address of the person who acquired the property from the record owner, or acquired the interest of the lienholder(s) or mortgagee(s).
(3) The record owner(s), lienholder(s) or mortgagee(s) shall deliver the affidavit in person or by certified mail, return receipt requested, to the city not later than the twentieth day after the date the record owner, lienholder(s) or mortgagee(s) receive the notice. If a newspaper notice is involved, the 20-day period begins on date the notice is published; if notice is filed in the public records, the 20-day period begins on date the notice is recorded.
(4) If the city receives an affidavit under division (A)(3) above, the city shall send the appropriate notice to the person named in the affidavit as having acquired the property. A notice sent under this division (A)(4) must include the statement authorized by division (A)(1) above.
(5) If the city receives an affidavit under division (A)(3) above, the city shall:
(a) Maintain the affidavit on file for at least two years after the date the city receives the affidavit; and
(b) Deliver a copy of the affidavit to the chief appraiser of the Atascosa Appraisal District.
(6) The city is considered to have provided notice to a property owner(s), lienholder(s) or mortgagee(s) if the city complies with the notice requirements of this subchapter and if it:
(a) Complies with division (A)(1) above and does not receive an affidavit from the record owner(s), lienholder(s) or mortgagee(s); or
(b) Complies with division (A)(4) above and does not receive an affidavit from the person to whom the notice was sent under division (A)(4) above.
(7) If the city complies with this division (A) and does not receive an affidavit under division (A)(3) above, the record owner(s) are presumed to be the owner of the property and the lienholder(s) or mortgagee(s) are presumed to have an interest in the property for all purposes to which the notice relates.
(8) For purposes of this division (A),
REAL PROPERTY does not include a mineral interest or royalty interest.
(B) No official, officer, agent or employee of the city shall render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under this subchapter. Any suit brought against any official, officer, agent or employee of the city as a result of any act required or permitted in the discharge of his or her duties under this subchapter shall be defended by the City Attorney until the final determination of the proceedings therein.
(C) If the owner, mortgagee(s) or lienholder(s) fails to comply with the ordered actions of the City Council within the time provided for in this subchapter, the City Attorney may file suit in the proper court against the owner(s), mortgagee(s) or lienholder(s) to compel the owner, mortgagee(s) or lienholder(s) to comply with the order of the City Council and to vacate, repair, secure, remove or demolish the building, or relocate its occupants in accordance with the City Council's order. The City Attorney may also file suit in the proper court for injunction against the owner, mortgagee(s) or lienholder(s) who shall violate or threaten to violate any of the provisions of this subchapter in order to prevent a continued violation or threatened violation. The City Attorney may further file suit in the proper court to recover any expenses incurred by the city in vacating, securing, repairing, removing or demolishing a building or relocating its occupants. Finally, the City Attorney may file suit in the proper court to recover any civil penalties. If at any time, any owner, lienholder or mortgagee cannot be located to carry out the City Council's order, the City Attorney shall file suit in the proper court against the owner(s), mortgagee(s) or lienholder(s) prior to the city undertaking to vacate, repair, secure, remove or demolish a dangerous building or relocate the occupants of the dangerous building. When necessary, the City Attorney shall file notices of lis pendens.
(D) Any owner of any building who fails to comply with the City Council's order and subsequent notice to vacate, repair, secure, remove or demolish the building, or relocate its occupants, shall be subject to a fine. Any occupant or lessee in possession of any dangerous building or structure who fails to comply with the City Council's order and subsequent notice to vacate the building or structure shall be subject to a fine. Since this subchapter governs matters that affect the public health, the violations noted in this section may be punished by a fine not to exceed $1,000.
(E) Except as provided herein, and subject to the priority of lien that the city has, a city shall have the right to foreclose on any liens acquired and attached to any property.
(F) The remedies provided in this subchapter shall be available in addition to other remedies allowed at law or in equity.
(G) If any provision of this subchapter is deemed to be illegal, invalid or unenforceable, the illegal, invalid or unenforceable provision shall not affect the legality, validity or enforceability of any other provision of this subchapter.
(H) As used in this subchapter,
OWNER is defined to include the owner's representative with control over the building or structure or the property on which the building or structure is located.
(Ord. 1079, passed 1-20-1994)