(A) If an appeal has been made to the City Manager by any interested party, and if the City Manager has held a hearing pursuant to § 150.28(B) and the time allotted for the repair, removal or demolition of a building under § 150.28(D) or (E) has expired, then the City Manager may, in addition to the authority granted under Tex. Loc. Gov’t Code Chapter 214 and § 150.28 of this subchapter:
(1) Order the repair of the building at the city’s expense and assess the expenses on the land on which the building stands or to which it is attached;
(2) Assess a civil penalty against the responsible party for failure to repair, remove or demolish the building; and
(3) The City Building Official shall invite at least two or more building contractors to make estimates pertaining to the needed repair, removal or demolition of a building. The Building Official shall cause to be made an assessment of expenses or civil penalty based on the estimates. The Building Official shall endeavor to minimize the expenses of any building repairs, removal or demolition order pursuant to this subchapter.
(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 of the city 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 standards prescribed by the city.
(C) 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 State Constitution, to secure the payment of the repair, removal or demolition expenses or the civil penalty. Promptly after the imposition of the lien, the city shall file for record, in recordable form in the office of the County Clerk, a written notice of the imposition of the lien. The notice shall contain a legal description of the land.
(D) 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 bona fide mortgage lien attached to the real property to which the city’s lien attaches if the mortgage lien was filed for record in the office of the County Clerk 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) 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 as otherwise provided by statute.
(G) 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. 408B, passed 6-23-2009)