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(A) Notice of all proceedings before the Commission must be given:
(1) By personal delivery or by certified mail, return receipt requested, to the record owners of the affected property, and each holder of a recorded lien against the affected property, as shown by the records in the office of the County Clerk if the address of the lienholder can be ascertained from the deed of trust establishing the lien and/or other applicable instruments on file in the office of the County Clerk; and
(2) To all unknown owners, by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable.
(B) The notice must be posted and either personally delivered or mailed on or before the tenth day before the date of the hearing before the Commission panel and must state the date, time and place of the hearing. In addition, the notice must be published in a newspaper of general circulation in the city on one occasion on or before the tenth day before the date fixed for the hearing.
(C) The Commission may file notice of a proceeding before the Commission in the official public records of real property of the county. The notice must contain the name and address of the owner of the affected property if that information can be determined from a reasonable search of the instruments on file in the office of the County Clerk, a legal description of the affected property and a description of the proceeding. The filing of the notice is binding on subsequent grantees, lienholders or other transferees of an interest in the property who acquire such interest after the filing of the notice and constitutes notice of the proceeding on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice.
(D) The city must exercise due diligence to determine the identity and address of a property owner or lienholder to whom the city is required to give notice.
(E) The city exercises due diligence in determining the identity and address of a property owner or lienholder when it searches the following records:
(1) County real property records;
(2) Appraisal district records of the County Appraisal District;
(3) Records of the Secretary of State, if the property owner or lienholder is a corporation, partnership or other business association;
(4) Assumed name records of the county;
(5) Tax records of the city; and
(6) Utility records of the city.
(F) When the city mails a notice in accordance with this section to a property owner or lienholder and the United States Postal Service returns the notice as “refused” or “unclaimed”, the validity of the notice is not affected and the notice is considered delivered.
(1998 Code, § 22-305) (Ord. 04-35, passed 9-1-2004)
A Commission panel may:
(A) Order the repair, within a fixed period, of buildings found to be in violation of an ordinance;
(B) Declare a building substandard in accordance with the powers granted by this subchapter;
(C) Order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure the removal if it is determined that conditions exist on the property that constitute a violation of an ordinance, and order action to be taken as necessary to remedy, alleviate or remove any substandard building found to exist;
(D) Issue orders or directives to any peace officer of the state, including a sheriff or constable or the Chief of Police of the city, to enforce and carry out the lawful orders or directives of the Commission panel;
(E) Determine the amount and duration of the civil penalty the city may recover as provided by Tex. Local Gov’t Code § 54.017 and this subchapter;
(F) Act on the City Commission’s behalf in hearing and deciding cases brought to determine substandard buildings and structures pursuant to Tex. Local Gov’t Code Ch. 214; and
(G) Perform such other duties as may be prescribed by the City Commission or by law.
(1998 Code, § 22-306) (Ord. 04-35, passed 9-1-2004)
(A) (1) Any owner, lienholder or mortgagee of record jointly or severally aggrieved by any decision of a Commission may present a petition to a district court, as provided by Tex. Local Gov’t Code § 54.039, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality.
(2) Costs may not be allowed against the Commission panel.
(B) If the decision of the Commission panel is affirmed or not substantially reversed, but only modified, the District Court shall allow to the city all attorney’s fees and other costs and expenses incurred by it and shall enter a judgment for those items, which may be entered against the property owners as well as all persons found to be in occupation of the property subject to the proceedings before the Commission panel.
(1998 Code, § 22-309) (Ord. 04-35, passed 9-1-2004)
(A) An abstract of judgment shall be issued against all parties found to be the owners of the subject property or in possession of that property.
(B) A lienholder does not have standing to bring a proceeding under Tex. Local Gov’t Code § 54.039 on the ground that the lienholder was not notified of the proceedings before the Commission panel or was unaware of the condition of the property, unless the lienholder had first appeared before the Commission panel and entered an appearance in opposition to the proceedings.
(1998 Code, § 22-310) (Ord. 04-35, passed 9-1-2004)
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