(A) Assessment of expenses and penalties.
(1) If the time allotted for the repair, removal or demolition of a building under this subchapter has expired, then the City Council may, in addition to the authority granted under Tex. Loc. Gov’t Code Ch. 214, and the foregoing sections of this subchapter:
(a) 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; or
(b) Assess a civil penalty of up to $1,000 per day against the responsible party for failure to repair, remove, or demolish the building.
(c) Authorize the city’s Code Enforcement Authority to invite at least two or more building contractors to make estimates pertaining to the needed repair, removal or demolition of a building. The Code Enforcement Authority shall cause to be made an assessment of expenses, and may also recommend civil penalties, based on such estimates. The Code Enforcement Authority shall endeavor to minimize the expenses of any building repairs, removal or demolitions order pursuant to this subchapter.
(2) 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 Texas 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.
(3) 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.
(4) 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. The city may further file with the district clerk a copy of an ordinance assessing a civil penalty pursuant to this subchapter.
(5) 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.
(6) 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.
(B) Violations.
(1) The owner of any dangerous building who shall fail to comply with any notice or order to repair, secure, vacate or demolish said building or structure, such notice or order given by the authority of the Board of Adjustments and Appeals or the City Council, shall be guilty of a misdemeanor.
(2) An occupant or lessee in possession of any dangerous building who fails to comply with any notice or order to vacate such building and fails to repair such building in accordance with an order given by the Board of Adjustments and Appeals shall be guilty of a misdemeanor.
(C) Enforcement of regulations.
(1) No building permit, certificate of occupancy, plumbing permit, electrical permit, or utility tap shall be issued by the city for or with respect to any lot, tract or parcel of land within the city limits, after the effective date of this subchapter, except in compliance with all then applicable requirements of this subchapter and the above codes.
(2) Whenever any building work is being done contrary to the provisions of this subchapter, another controlling ordinance or statute governing the building, the Building Official or Code Enforcement Officer designated by the City Manager may order the work stopped by notice verbally or in writing served on any persons engaged in the doing or causing such work to be done and the city shall post a stop work order on the property adjacent to the posted building permit, and any such persons shall forthwith stop such work until authorized by the Building Official or Code Enforcement Officer to proceed with the work. If no permit has been issued, all work shall stop until a permit has been properly issued and all errors corrected to the satisfaction of the Building Official or Code Enforcement Officer. The Building Official or Code Enforcement Officer may also issue a work correction order, which shall be served upon any persons who are working on a certain aspect of the construction project. The work on other aspects of the construction not in violation of the city’s ordinances may proceed, but work shall cease as to that aspect in violation of the city’s ordinances.
(3) This subchapter and any code or provision adopted by this subchapter may be further enforced by injunction and other judicial proceedings, either at law or in equity; and, in lieu of or in addition to any other authorized enforcement or action taken, any person who violates any term or provision of this subchapter, with respect to any land, building or development within the city, by fine and penalties as provided herein.
(Ord. 95-03, passed 3-13-1995; Ord. 2012-008, passed 10-16-2012) Penalty, see § 150.99