The Board of Adjustment shall:
(A) Schedule and hold a public hearing and hear testimony from the Building Official, the owner and other persons having an interest in the dangerous building, and any person desiring to present factual evidence relevant to the unsafe building. The testimony shall relate to the determination of the question of whether the building or structure in question is a dangerous building and the scope of any work that may be required to comply with this subchapter and the amount of time it will take to reasonably perform the work. The owner or a person having an interest in the dangerous building shall have the burden of proof to demonstrate the scope of any work that may be required to comply with this subchapter and the time it will take to reasonably perform the work;
(B) Upon conclusion of the hearing, the Board of Adjustment shall determine by majority vote whether the building or structure in question is a dangerous building. Upon a determination that the building or structure in question constitutes a dangerous building, the Board of Adjustment shall issue an order:
(1) Containing an identification of the building and the property on which it is located;
(2) Making written findings of the violations of the minimum standards that are present at the building;
(3) Requiring the owner and persons having an interest in the building to repair, vacate or demolish the building within 30 days from the issuance of the order, unless the owner or a person with an interest in the building establishes at the hearing that the work cannot reasonably be performed within 30 days, in which instance the Board of Adjustment shall specify a reasonable time for the completion of the work; and
(4) Containing a statement that the city will vacate, secure, remove or demolish the dangerous building and relocate the occupants of the building if the ordered action is not taken within the time specified by the Board of Adjustment.
(C) The Board of Adjustment shall deliver a copy of the order by hand delivery or certified mail, return receipt requested, to the owner and all persons having an interest in the property, as the persons appear on the rolls of the Cameron Appraisal District, and in the official records of the city regarding the building, including all identifiable mortgagees and lien holders as soon as is practicable after the hearing;
(D) If the Board of Adjustment allows the owner or a person with an interest in the dangerous building more than 30 days to repair, remove or demolish the building, the Board of Adjustment in its written order shall establish specific time schedules for the commencement and performance of the work and shall require the owner or person to secure the property in a reasonable manner from unauthorized entry while the work is being performed. The securing of the property shall be in a manner found to be acceptable by the City Building Official;
(E) The Board of Adjustment may not allow the owner or person with an interest in the dangerous building more than 90 days to repair, remove or demolish the building or fully perform all work required to comply with the written order unless the owner or person:
(1) Submits a detailed plan and time schedule for the work at the hearing; and
(2) Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.
(F) If the Board of Adjustment allows the owner or person with an interest in the dangerous building more than 90 days to complete any part of the work required to repair, remove or demolish the building, the Board of Adjustment shall require the owner or person to regularly submit progress reports to Board of Adjustment to demonstrate that the owner or person has complied with the time schedules established for commencement and performance of the work. The written order may require that the owner or person with an interest in the building appear before the City Building Official to demonstrate compliance with the time schedules;
(G) In the event the owner or a person with an interest in a dangerous building fails to comply with the order within the time specified therein, absent appeal to the City Manager, the city may, at any time after the expiration of 45 days from the date a copy of the final decision of the Board of Adjustment is mailed to each known owner, lien holder or mortgagee cause any occupants of the dangerous building to be relocated, and may cause the dangerous building to be secured, removed or demolished at the city’s expense. The city may assess the expenses on and the city has a lien against, unless it is a homestead as protected by the State Constitution, the property on which the dangerous building was located. The lien is extinguished if the property owner or a person having an interest in the building reimburses the city for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the County Clerk. The notice of lien must contain the name and address of the owner of the dangerous building if that information can be determined by a diligent effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the city, and the balance due. The lien is a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens attached to the real property; and
(H) In addition to the authority set forth in division (G) above, after the expiration of the time allotted in the order for the repair, removal or demolition of a dangerous building, the city may repair the building at its expense and assess the expenses on the land on which the building stands or to which it is attached. The repairs contemplated by this section may only be accomplished to the extent necessary to bring the building into compliance with the minimum standards established by this subchapter, and to the extent the repairs do not exceed minimum housing standards. This section shall be applicable only to residential buildings with ten or fewer dwelling units. The city shall follow the procedures set forth in division (G) above for filing a lien on the property on which the building is located.
(Ord. 408B, passed 6-23-2009)