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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)
This subchapter does not affect the ability of the city to initiate a civil action in District or County Court, including a suit for injunctive relief, for the enforcement of an ordinance:
(A) For the preservation of public safety, relating to the materials or methods used to construct a building or other structure or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances or exits;
(B) Relating to the preservation of public health or to the fire safety of a building or other structure or improvement, including provisions relating to materials, types of construction or design, interior configuration, illumination, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires or location, design or width of entrances or exits;
(C) For zoning that provides for the use of land or classifies a parcel of land according to the municipality’s district classification scheme;
(D) Establishing criteria for land subdivision or construction of buildings, including provisions relating to street width and design, lot size, building width or elevation, setback requirements or utility service specifications or requirements;
(E) Implementing civil penalties under this subchapter for conduct classified by statute as a Class C misdemeanor;
(F) Relating to dangerously damaged or deteriorated structures or improvements;
(G) Relating to conditions caused by accumulations of refuse, vegetation or other matter that creates breeding and living places for insects and rodents;
(H) Relating to the interior configuration, design, illumination or visibility of business premises exhibiting for viewing by customers while on the premises live or mechanically or electronically displayed entertainment intended to provide sexual stimulation or sexual gratification; or
(I) Relating to point source effluent limitations or the discharge of a pollutant, other than from a non-point source, into a sewer system, including a sanitary or storm water sewer system, owned or controlled by the municipality.
(1998 Code, § 22-313) (Ord. 04-35, passed 9-1-2004)
(A) In addition to the powers and remedies provided for by the foregoing, and without affecting the ability of the city to proceed under other provisions of this subchapter, or by other law, the city implements Tex. Local Gov’t Code Ch. 214 as additional authority concerning substandard structures.
(B) The City Commission grants the authority to the Building and Standards Commission to act on its behalf in hearing cases and enforcing laws and ordinances as provided by Tex. Local Gov’t Code Ch. 214. This subchapter does not affect the ability of the city to proceed under the jurisdiction of the Municipal Court.
(1998 Code, § 22-317) (Ord. 04-35, passed 9-1-2004; Ord. 21-25, passed 10-6-2021)
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