(A) The Board of Adjustments and Appeals shall: schedule and conduct a hearing and hear testimony from the Code Enforcement Authority, the owner and other persons having an interest in the dangerous building, and any person desiring to present factual evidence relevant to the dangerous building. Such 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 Adjustments and Appeals 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 Adjustments and Appeals shall issue a written order:
(1) Containing an identification of the building and the property on which it is located;
(2) Making written findings of the minimum standards violations that are present at the building;
(3) Requiring the owner and persons having an interest in the building to secure, repair, vacate, and/or demolish the building within 30 days from the issuance of such 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 Adjustments and Appeals shall specify a reasonable time for the completion of the work; and further provided that the Board of Adjustments and Appeals may require the owner and occupants to vacate the building within a shorter period of time if the building has fallen, is at risk of immediate collapse, or is in such a condition that life is endangered by further occupation of the building; 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 Adjustments and Appeals and it is found and determined by the Board of Adjustments and Appeals in its order that there is an immediate clear and present danger to other property or the public.
(C) If repair or demolition is ordered, the Board of Adjustments and Appeals shall send a copy of the order by certified mail to the owner and all persons having an interest in the property, including all identifiable mortgagees and lienholders within a reasonable period of time after the hearing. Within ten days after the date that the order is issued, the city shall:
(1) File a copy of the order in the office of the municipal secretary or clerk; and
(2) Publish in a newspaper of general circulation in the municipality in which the building is located a notice containing:
(a) The street address or legal description of the property;
(b) The date of the hearing;
(c) A brief statement indicating the results of the order (may be a copy of the order); and
(d) If not provided in the notice, instructions stating where a complete copy of the order may be obtained.
(D) If repair or demolition is ordered and notice of public hearing was not filed in the official public records of real property of the county, the city may file and record a copy of the order in such records of the county.
(E) If the Board of Adjustments and Appeals allows the owner or a person with an interest in the dangerous building more than the 30 days to repair, remove, or demolish the building, the Board of Adjustments and Appeals 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’s Code Enforcement Authority. Any required permits or approvals shall be obtained prior to commencing the repair, removal, or demolition of the building.
(F) The Board of Adjustments and Appeals 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.
(G) If the Board of Adjustments and Appeals 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 Adjustments and Appeals shall require the owner or person to regularly submit progress reports to Board of Adjustments and Appeals 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’s Code Enforcement Authority to demonstrate compliance with the time schedules.
(H) 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, the city may 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 Texas 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 in the county in which the property is located. The notice of lien must contain:
(1) The name and address of the owner of the dangerous building if that information can be determined by a diligent effort;
(2) A legal description of the real property on which the building was located;
(3) The amount of expenses incurred by the city; and
(4) The balance due.
(I) Such lien is a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens attached to the real property.
(J) In addition to the authority set forth in division (H) 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 city ordinance, and to the extent such 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 (H) above for filing a lien on the property on which the building is located.
(Ord. 95-03, passed 3-13-1995; Ord. 2012-008, passed 10-16-2012)