17-S-50 Establishment of Building and Standards Commission331VIIIII'mr-Nak T-11
WHEREAS, the City of Schertz, Texas is a Home Rule Municipality acting under
authority of its Charter and laws of the State of Texas; and
WHEREAS, the City Council has detennined that the interests of the public are best
served when buildings and structures within the City are maintained in accordance with
Building and Fire Codes; and
WHEREAS, the City has adopted the International Property Maintenance Code
well as other International Fire and Building Codes to ensure that the condition of property
structures within the City are maintained in a safe and healthy manner; and
WHEREAS, Chapter 214 of the Texas Local Government Code authorizes
municipalities to adopt ordinances to establish minimum standards for the continued use
and occupancy of buildings and to require the vacation • relocation • occupants, as well as
the securing, repair, removal or demolition • a building that is dilapidated, substandard •
unfit for human habitation and a hazard to the public health safety and welfare; and
WHEREAS, the City has adopted ordinances establishing minimum standards for u
and occupancy of structures within its jurisdiction; and i
WHEREAS, the City Council is authorized by Chapter 54 • the Texas Local
Government Code to provide for the appointment of a Building and Standards Commission
to hear and determine cases concerning alleged violations of Ordinances regulating buildings
and structures, to order appropriate remedial actions, and to impose civil penalties as allowed
• law; and
WHEREAS, the City Council hereby finds that adopting this ordinance establishing
a Building Standards Commission is appropriate and necessary to ensure that buildings and
structures within the City meet minimum requirements, to allow due process for review of
administrative decisions, to address and abate floodplain violations, and to perform other
functions set forth herein below; and
WHEREAS, the City Council finds that by adopting this Ordinance serves the best
interests of the City and health, safety and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF T14E
CITY OF SCHERTZ, TEXAS, THAT:
Section 1. There is hereby created a Building and Standards Commission in accordance with
the provisions of Subchapter C of Chapter 54 of the Local Government Code, V.T.C.A., as
amended, and such Commission shall be empowered to operate under the laws of the City of
Schertz and the State of Texas as set forth in the Attached Exhibits A and B and may exercise
such other powers and authority conferred upon it by Subchapter C of Chapter 54 and
Subchapter A of Chapter 214 "Dangerous Structures" of the Texas Local Government Code, as
amended, or by other statutes or ordinances.
Section 2. That until such time as a sufficient number of citizens who meet the criteria
established for appointment to the Building and Standard Commission are appointed by the City
Council, the Board of Adjustment shall hear and rule upon all matters the Building and Standards
Commission is empowered to hear and rule upon.
Section 3. Chapter 18, Chapter 30, and Chapter 54 of the City of Schertz Code of Ordinances
is hereby amended as set forth in the attached Exhibit A, attached hereto and incorporated herein.
Section 4. That the Building and Standards Commission shall be empowered to operate in
conformance with the Rules of Procedure as set forth in the attached Exhibit B, attached hereto
and incorporated herein.
Section 5. The recitals contained in the preamble hereof are hereby found to be true, and such
recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the
judgment and findings of the Council.
Section 6. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with
any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 7. This Ordinance shall be construed and enforced in accordance with the laws of the
State of Texas and the United States of America.
Section 8. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City hereby
declares that this Ordinance would have been enacted without such invalid provision.
Section 9. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
C atter of the public business to be considered at such meeting, including this Ordinance, wi
given, all as required by Chapter 5 5 1, as amended, Texas Government Code.
Section 11, This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 13th day of
February, 2018. z��w
F."UNIN
J
1 W of III
Chapter 18 - BUILDINGS BUILDING
GENERAL, Sec. 18-6. — Board of appeals, is hereby amended as follows:
1i
Sec. 18 -6. — Building and Standards Commission.
All appeals relative to the application and interpretation of the codes adopted in this chapter
shall be to the Building and Standards Commission as established under the Unified Development
Code, Article 3, Boards, Commissions and Committees.
Chapter 30- FIRE PREVENTION AND PROTECTION, ARTICLE V. -FIRE
PREVENTION CODE, Sec. 30 -82 Amendments, is hereby amended to include the following
amendment to the International Fire Code, 2012 Edition (IFC -201) with modification to the
approval body:
l `D
F.M11-13
Sec. [A] 108 Building and Standards Commission
All appeals relative to the application and interpretation of the codes adopted in this chapter
shall be to the Building and Standards Commission as established under the Unified Development
Code, Article 3, Boards, Commissions and Committees.
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Chapter 54- NUISANCES Article V. PROPERTY MAINTENANCE REQUIREMENTS,
I, Demolition, hereby amei d.. follows ,, marked through text identif�ing
language be removed and red and underlined text identifying being g r 1 1' d -
Sec. 54 -20. - Demolition.
(a) General. The code official shall order the owner of any premises upon which is located any structure, which in
the code official's judgment is so old, dilapidated, or has become so out of repair as to be dangerous, unsafe,
unsanitary or otherwise unfit for human habitation or occupancy, such that it is unreasonable to repair the
structure, and to demolish and remove such structure; or if such structure is capable of being made safe by repairs,
to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a
cessation of normal construction of any structure for a period of more than two years, to demolish and remove
such structure.
(b) Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed,
the code official shall cause the structure to be demolished and removed, either through an available public
agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be
charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(c) Salvage material . When any structure has been ordered demolished and removed, the city or other designated
officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials
at the highest price reasonably obtainable. The net proceeds of such sale, after deducting the expenses of such
demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items
of expense and the amounts deducted, to the person who is entitled thereto, subject to any order of a court. If
such a surplus does not remain to be turned over, the report shall so state.
(d) Procedure.
State Law reference— LGC 214.001.
(1) A public hearing shall be held before the city's board of adjustme Building and Standards Commission
to determine whether the building complies with the city's minimum standards for the continued use and
occupancy of all buildings regardless of the date of their construction (see section 54 -17 above) in
connection with any person directly affected by a decision of the code official or a notice or order issued
under section 54 -20.
(2) The parties to any proceeding under this section 54 -20 before the city's bear- of adjustment Building and
Standards Commission shall have the right to appeal the decision of the city's board of-ackjustme Building
and Standards Commission to the state district court within tern thirty 30 days of such decision, or to the
extent that Section 214.0012 of the Texas Local Government Code applies, within 30 days.
(3) The eity . .steal ef hi %ef designee and the a; -eet r of development s s City Manager or his/her
designee shall present all cases related to this section 54 -20 on behalf of the city before the beard of
text Buildina and Standards Commission.
(4) Whenever it is determined that there are reasonable grounds to believe that there has been a violation of
any provision of this section 54 -20 or of any rule or regulation adopted pursuant thereto, notice of such
alleged violation shall be given to the owner, and as applicable and as more fully described below, to each
lienholder and mortgagee. Such alleged violations shall constitute a nuisance.
(5) A notice of a hearing sent to an owner, lienholder, or mortgagee under this section 54 -20 must include a
statement that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the
scope of any work that may be required to comply with the ordinance and the time it will take to reasonably
perform the work.
a. An identification, which is not required to be a legal description, of the building and the property on
which it is located;
b. A description of the violation of municipal standards that is present at the building; and
C. A statement that the city will vacate, secure, remove, or demolish the building or relocate the
occupants of the building if the ordered action is not taken within a reasonable time.
(11) If the city's board of adjust aePA Building and Standards Commission allows the owner, lienholder, or
mortgagee more than thirty (30) days to repair, remove, or demolish the building, the city's board o
adjustment Building and Standards Commission, in consultation with the director of developm °r* s
or his /fief d°^i ^^°° and the marsh City Manager or his/her designee, shall establish specific time schedules
for the commencement and performance of the work and shall require the owner, lienholder, or mortgagee
to secure the property in a reasonable manner from unauthorized entry while the work is being performed,
as determined by city's board of a- ljustme t- Buildin- and Standards Commission, in consultation with the
d1Yeeter of development sen,i or- lhis/ des -, e° ° -d themarshal City Manager or his/her designee.
(12) The city's board of adjustment Building and Standards Commission may not allow the owner, lienholder,
or mortgagee more than ninety (90) days to repair, remove, or demolish the building or fully perform all
work required to comply with the order unless the owner, lienholder, or mortgagee:
a. Submits a detailed plan and time schedule for the work at the hearing; and
b. Establishes at the hearing that the work cannot reasonably be completed within ninety 90
days because of the scope and complexity of the work.
(13) If the city's board of .,d ustr efA Building and Standards Commission allows the owner, lienholder, or
mortgagee more than ninety (90) days to complete any part of the work required to repair, remove, or
demolish the building, the bear Commission shall require the owner, lienholder, or mortgagee to regularly
submit progress reports to the direeter of de--Ff ...... —1, ieeS of hisAieF designee and the marshal Cite
Manager or his/her designee to demonstrate compliance with the time schedules established for
commencement and performance of the work. The order may require that the owner, lienholder, or
mortgagee appear before d' City-
Manager or his/her designee to demonstrate compliance with the time schedules. If the owner, lienholder,
or mortgagee owns property, including structures or improvements on property, within the city boundaries
that exceeds $100,000.00 in total value, the city's board of adjustment Building and Standards Conmlission
may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to
cover the cost of repairing, removing, or demolishing a building under this subsection. In lieu of a bond,
the city's board of adjustment Building and Standards Commission may require the owner, lienholder, or
mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party approved
by the city. The bond must be posted, or the letter of credit or third party guaranty provided, not later than
the thirtieth (301) day after the date the city's board of adjustment Building and Standards Commission
issues the order.
(14) In a public hearing before the city's board of.,d:ustr e Building and Standards Commission to determine
whether a building complies with the minimum standards for the continued use and occupancy of all
buildings regardless of the date of their construction, the owner, lienholder, or mortgagee has the burden of
proof to demonstrate the scope of any work that may be required to comply with the minimum standards
and the time it will take to reasonably perform the work.
(15) If the building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated
within the allotted time, the city may vacate, secure, remove, or demolish the building or relocate the
occupants at its own expense. This subsection does not limit the ability of a city to collect on a bond or
other financial guaranty that may be required by section 54- 20(d)(13).
(16) If the city incurs expenses under section 54- 20(d)(15), the city may assess the expenses on, and the city has
a lien against, unless it is expressly prohibited under applicable state law, the property on which the building
was located. The lien is extinguished if the property owner or another person having an interest in the legal
title to the property 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 must contain the name and address of the owner if that information can
be determined with a reasonable effort, a legal description of the real property on which the building was
located, the amount of expenses incurred by the city, and the balance due.
(17) If the notice is given and the opportunity to relocate the tenants of the building or to repair, remove, or
demolish the building is afforded to each mortgagee and lienholder as set forth in this section 54 -20, the
lien is a privileged lien subordinate only to tax liens.
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(18) The city satisfies the requirements of this section 54 -20 to make a diligent effort, to use its best efforts, or
to make a reasonable effort to determine the identity and address of an owner, a lienholder, or a mortgagee
if the city searches the following records:
a. County real property records of the county in which the building is located;
b. Appraisal district records of the appraisal district in which the building is located;
C. Records of the secretary of state;
d. Assumed name records of the county in which the building is located;
e. Tax records of the city; and
f. Utility records of the city.
(19) When the city mails a notice in accordance with this section 54 -20 to a property owner, lienholder,
mortgagee, or registered agent and the United States Postal Service returns the notice as "refused" of
"unclaimed," the validity of the notice is not affected, and the notice is considered delivered.
(20) In addition to the procedures set forth above, the city may secure, in accordance with the procedures set
forth below, a building that the city's code official determines (1) violates the minimum standards; and (2)
is unoccupied or is occupied only by persons who do not have a right of possession to the building:
State Law reference— LGC 214.0011.
a. Before the eleventh (i I') day after the date the building is secured, the city shall give notice to the
owner by:
1. Personally serving the owner with written notice;
2. Depositing the notice in the United States mail addressed to the owner at the owner's post office
address;
3. Publishing the notice at least twice within a ten 10 day period in a newspaper of general
circulation in the county in which the building is located if personal service cannot be obtained
and the owner's post office address is unknown; or
4. Posting the notice on or near the front door of the building if personal service cannot be obtained
and the owner's post office address is unknown.
b. The notice must contain:
1. An identification, which is not required to be a legal description, of the building and the property
on which it is located;
2. A description of the violation of the municipal standards that is present at the building;
3. A statement that the city will secure or has secured, as the case may be, the building; and
4. An explanation of the owner's entitlement to request a hearing before the city's beard of
adjustment Building and Standards Commission about any matter relating to the city's securing
of the building.
C. The city's hoard of adjustme nt Building and Standards Commission shall conduct a hearing at which
the owner may testify or present witnesses or written information about any matter relating to the
city's securing of the building if, within thirty (30) days after the date the city secures the building,
the owner files with the city a written request for the hearing before the city's board
Building and Standards Commission. The city's board of adjustment" Building and Standards
Commission shall conduct the hearing within twenty (20) days after the date the request is filed.
d. The city has the same authority to assess expenses under this section as it has to assess expenses under
section 54- 20(d)(16). A lien is created under this section in the same manner that a lien is created
under section 54- 20(d)(16) and is subject to the same conditions as a lien created under that section.
1; 1:4:1 '11111 a'
There is hereby created a Building and Standards Commission ( "the Commission ")
in accordance with the provisions of Subchapter C of Chapter 54 of the Local
Government Code, V.T.C.A., as amended.
1►"IIice'
A. Number, Appointment, Qualifications. The Commission shall consist of
five (5) regular members each to be appointed by the City Council. The City
Council may also appoint up to two (2) alternate members with the same
duties and responsibilities as regular members who shall serve in the absence
of one (1) or more regular members when requested to do so by the City
Manager, or designee. All cases shall be heard by at least four (4) members.
Each member, whether regular or alternate, shall be appointed by majority vote
of the City Council. To the extent possible, members of the Commission
should be qualified in one of the following fields:
1. Registered design professional with architectural experience or a builder or
superintendent of building construction;
2. Registered design professional with mechanical and plumbing engineering
experience or a mechanical contractor or plumbing contractor;
3. Registered design professional with structural engineering experiences;
4. Registered design professional with electrical engineering experience or an
electrical contractor;
5. Registered design professional with fire protection engineering experience
or a fire protection contractor
Registered Design Professional is defined as an individual who is registered or
licensed to practice their respective design profession as defined by the
statutory requirements of the professional registration laws of the state of
Texas.
If a resident with the above criteria cannot be found then the City Council may
appoint another resident of their choosing to the Commission.
B. Terms of Office. Each regular and alternate member of the Commission
shall be appointed by the City Council for a term of two (2) years with
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staggered appointments so that no more than three (3) members' terms shall
expire in any one year. Terms shall expire on September 30 of each year.
C. Removal, Filling of Vacancies. Any member, whether regular or alternate,
of the Commission may be removed for cause on a written charge. if
requested by the member subject to the removal action, the City Council shall
hold a public hearing on the matter before a decision regarding removal is
made in accordance with state law. Any and all vacancies shall be filled by
appointment based upon a majority vote of the City Council and shall be for
the unexpired term of the vacant position.
D. Officers. The Commission shall annually elect a member of the Commission
to serve as Chairperson. The Commission shall annually elect a Vice -
Chairperson, each of whom shall perform the duties set forth in this Article.
Meetings
A. Meetings of the Commission shall be held at the call of the Commission
Chairperson and at other times as determined by the Commission. All
meetings of the Commission shall be open to the public. The concurring
vote of a majority of the members of the Commission shall be required for any
action taken by the Commission under state law or ordinance adopted by the
City. The Chairperson, or in the Chairperson's absence the Acting Chairperson,
may administer oaths and compel the attendance of witnesses.
B. The Commission shall keep minutes of its proceedings showing the vote of
each member on each question or the fact that a member is absent or fails
to vote. The Commission shall keep records of its examinations and other
official actions. The minutes and records shall be filed immediately as public
records.
C. The City Manager or his/her designee shall present all cases before the
Commission.
Authority -- Generally
A. Ordinances. The Commission shall have the authority granted by the City
Code and state law and, in addition, shall have authority to hear and
determine cases concerning alleged violations of City ordinances:
P)
1. For the preservation of public safety, relating to the materials or methods
used to construct a building or improvement, including the foundation,
structural elements, electrical wiring or apparatus, plumbing and fixtures,
entrances, or exits;
2. Relating to the fire safety of a building or improvement, including
provisions relating to materials, types of construction or design, warning
devices, sprinklers or other fire suppression devices, availability of water
supply for extinguishing fires, or location, design, or width of entrances or
exits;
3. Relating to dangerously damaged or deteriorated buildings or
improvements; or
4. Relating to conditions caused by accumulations of refuse, vegetation, or
other matter that creates breeding and living places for insects and rodents.
5. Relating to a Building Code or to the condition, use, or appearance of
property in the City.
B. Other Functions. In addition to the authority granted in this Chapter, the
Building and Standards Commission, in its capacity as a review board for
the City, shall have the following duties and powers including, but not limited
to:
1. Studying proposed Code amendments and making recommendations to the
City Council regarding any proposed amendments to the Building and Fire
Codes.
2. Hearing from any person requesting a change to the Building and Fire
Codes as adopted by the City.
3. Serving as an advisor to the Building Official and/or Fire Chief.
4. Hearing appeals from decisions of the Building Official and/or Fire Chief
pertaining to:
a. Use of alternate materials and construction methods. In the case of a
request to use alternate materials or construction methods, the
Building a n d Standards Commission shall determine whether or not
such alternate material or construction method is in fact equal to the
standards of the applicable Building or Fire Code, considering
adequacy, stability, strength, sanitation, and safety for the public's
health and welfare. As used in this
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Section, Building Code or Fire Code shall include without limitation
City adopted building, electrical, plumbing, mechanical, and fire
codes, and abatement of dangerous building, fence, and swimming
pool;
b. Interpretations related to the Building Code or Fire Code as adopted
by the City, including without limitation, building, electrical,
plumbing, mechanical, and fire, and abatement of dangerous building,
fence, and swimming pool); and
c. Decisions regarding substandard buildings as 'further provided in this
Article.
5. Ordering the repair, within a fixed period, of buildings found to be in
violation of an ordinance.
6. Declaring a building substandard in accordance with the powers granted
by this Article and/or other local or state law.
7. Adopting and enforcing regulations relating to floodplain management
within the City and ordering compliance with floodplain regulations
pursuant to the authority granted in this Article, state law and/or federal
law.
C. Variances. The Building and Standards Commission shall not be authorized
to grant variances.
D. State Statute. The Commission may exercise such other powers and authority
conferred upon it by Subchapter C of Chapter 54 and Subchapter A of Chapter
214 "Dangerous Structures" of the Texas Local Government Code, as
amended, or by other statutes or ordinances.
Authority -- Substandard Housing
The Building and Standards Commission may hear cases regarding a substandard
structure if the structure is:
A. Dilapidated, substandard, or unfit for human habitation and a hazard to the
public health, safety, and welfare; or
B. Regardless of its structural condition, unoccupied by its owners, lessees, or
other invitees and is unsecured from unauthorized entry to the extent that it
could be entered or used by vagrants or other uninvited persons as a place of
harborage or could be entered or used by children; or
C. Boarded up, fenced, or otherwise secured in any manner i£
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1 The building constitutes a danger t® the public even though secured from
entry'. or
2. The means used to secure the building are inadequate to prevent
unauthorized entry or use of the building in the manner described by
Subsection B above.
The Building and Standards Commission shall adopt rules to govern its
proceedings. The rules shall establish procedures for use in hearings, providin&,
ample opportunity for presentation of evidence and testimony by respondents or
persons opposing charges brought by the City or its officials relating to alleged
violations • ordinances.
111X'
A. It is in a condition such that it fails to comply with the minimum standards set
forth in the City 's ordinances, including but not ImIlited to the adopted
building, electrical, plumbing, mechanical, and fire codes; and
[t. Such condition exists to the extent that the life, health, property, or safety
of the public or its occupants is endangered.
M�Mli � SmannoMMM!=
L. 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.
A
B. The notice shall be mailed and posted on or before the tenth (10th) day before
the date of the hearing before the Commission and shall, state the date, time,
and place of the hearing. The notice shall also include a statement that at
the hearing, the owner, lienholder, or mortgagee shall be required to submit
proof of the scope of any work that may be required to comply with
applicable ordinance(s) and the amount of time that such person alleges that
it will take to reasonably perform the work. In addition, the notice shall
be published in a newspaper of general circulation in the City on one (1)
occasion on or before the tenth (10th) day before the date fixed for the
hearing.
Action, Time Frames
A. Commission Orders. After notice and hearing and upon finding that a
structure is substandard, the Commission may order any one (1) or more
of the following actions:
1. Order the repair of a substandard structure, within a fixed period as
provided in this Article and /or state law;
2. Order, in an appropriate case, the immediate removal of persons or
property found on private property, order entry 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 /or order action to be
taken as necessary to remedy, alleviate, or remove any substandard
building found to exist;
3. If the structure is not vacated, secured, repaired, removed, or demolished,
or the occupants are not relocated with the time allotted by the
Commission, the City may vacate, secure, remove or demolish the
building or relocate the occupants at its own expense. The City may
assess the expenses on and have a lien against the property on which the
structure was located, unless it is a homestead as protected by the Texas
Constitution;
4. 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; and
5. Determine the amount and duration of the civil penalty that may be
recovered by the City as authorized by Subchapter C of Chapter 54, Texas
Local Government Code, as amended. In assessing a civil penalty, the
Commission shall consider the severity of violations present, the history
of compliance of the property or the owner, and the efforts taken, if any,
to correct the violations.
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B. Time Frames for Compliance. After making a finding that a building is
substandard, the Commission shall comply with the following time frames:
1. 30 -Day Time Period. Except as otherwise provided in this Article, the
Commission shall require the owner, lienholder, or mortgagee of a
substandard building to within thirty (30) days of the date of the hearing:
a. Secure the building from unauthorized entry; or
b. Repair, remove or demolish the building, unless the owner or
lienholder establishes at the hearing that the work cannot reasonably
be performed within thirty (30) days.
2. 30 to 90 -Day Time Period. If the Commission allows the owner,
lienholder, or mortgagee more than thirty (30) days to repair, remove,
or demolish the building, the Commission shall establish specific time
schedules for the commencement and performance of the work and shall
require the owner, lienholder or mortgagee to secure the property in a
reasonable manner from unauthorized entry while the work is being
performed, as determined at the hearing.
3. Time Period in Excess of 90 Days. The Commission may only allow
the owner, lienholder or mortgagee more than ninety (90) days to
repair, remove, or demolish the building or fully perform all work
required to comply with the order if the owner, lienholder, or
mortgagee:
a. Submits a detailed plan and time schedule for the work at the
Commission hearing; and
b. Establishes at the hearing that the work cannot reasonably be
completed within ninety (90) days because of the scope and
complexity of the work; and
c. Regularly submits progress reports to the City to demonstrate
compliance with the time schedules established by the Commission
for commencement and performance of the work as well as other
security requirements imposed by the Commission.
4. Bond Requirement: If the Commission allows the owner, lienholder, or
mortgagee more than ninety (90) days to complete any part of the
work required to repair, remove, or demolish the building, the order
of the Commission may require that the owner, lienholder, or mortgagee
or his designee appear and provide documentation that the Commission
determines necessary to demonstrate compliance with Commission
established time schedules. If the owner, lienholder or mortgagee owns
7
property, including structures or improvements on property, within the
City boundaries that exceeds $100,000 in total value, the Commission
may require the owner, lienholder, or mortgagee to post a cash or surety
bond in an amount adequate to cover the cost of repairing, removing,
or demolishing the building or buildings as authorized by the provisions
of this Article. In lieu of a bond, the Commission may require the
owner, lienholder, or mortgagee to provide a letter of credit from a
financial institution or a guaranty from a third party as approved by the
City. The bond shall be posted, or the letter of credit or third party
guaranty provided not later than the thirty (30) days after the date the
Commission issues the order.
C. Burden of Proof. The owner, lienholder, or mortgagee shall have the burden
of proof to demonstrate the scope of any work that may be required to
comply with City ordinances and the time that it will take to reasonably
perform the work.
Fees for Appeals
A fee as described on the fee schedule is hereby required for appeals heard at
regularly scheduled meetings of the Building and Standards Commission. For appeals
that must be heard at a special called meeting of the Building and Standards Commission,
an additional fee as described on the fee schedule shall be required. All fees shall be due
and paid at the time an appeal is filed.
Failure to comply with Order
A. If a building is not vacated, secured, repaired, removed, or demolished, or the
occupants are not relocated within the time period ordered by the
Commission, the City may vacate, secure, remove, or demolish the building
or relocate the occupants at its own expense.
B. If the City incurs expenses under this Section, the City may assess the
expenses on, and upon doing so, the City shall have a lien against, the
property on which the building was located, unless the property is a
homestead as protected by the Texas Constitution. The lien is extinguished
if the property owner, lienholder, mortgagee or other person having an
interest in the legal title to the property 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 of the county in
which the property is located. The notice must contain the name and address
of the owner if that information can be determined with a reasonable
effort, a legal description of the real property on which the building was
located, the amount of expenses incurred by the City, and the balance due.
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A. A copy of the final decision of the Commission shall be mailed by
certified mail, return receipt requested, to all persons to whom notice was
sent. The copy shall be mailed promptly after the decision of the Commission
becomes final pursuant to the requirements of this Article.
B. Within ten (10) days after the date that the order is issued, the Commission
shall file a copy of the order in the office of the City Secretary. Within ten
(10) days after the date the final decision of the Commission is mailed, an
abbreviated copy of the final decision shall be published one (1) time in
a newspaper of general circulation in the City, and such notice shall include
the street address or legal description of the property; the date of the hearing,
a brief statement indicating the results of the order, and instructions stating
where a complete copy of the order may be obtained.
C. If no appeals are taken from the decision of the Commission within the
required period, the decision of the Commission is, in all things, final and
binding.
Judicial Review
A. Any person(s) jointly or severally aggrieved by any decision of the
Commission may present a petition to a district court, duly verified,
setting forth that the decision is illegal, in whole or in part, and specifying
the grounds of the illegality. The petition shall be presented within thirty
(30) days after the date a copy of the final decision of the Commission is
personally delivered or mailed by first class mail, certified return receipt
requested, to all persons to whom notice is required to be sent.
B. Proceedings shall not be stayed by an appeal and issuance of a writ of
certiorari and shall only be stayed by the grant of a restraining order or
injunction granted by the district court. The District Court's review shall be
limited to a hearing under the substantial evidence rule. Costs may not be
allowed against the Commission panel. 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.
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Authority — Penalties
A. Civil Penalty. The Commission may assess a civil penalty against the
property owner for failure to repair, remove, or demolish a substandard
structure upon proof presented by the City that:
1. The property owner was notified of the requirements in the City's
substandard building ordinance along with notification of the owner's
need to comply; and
2. The owner continued to violate the ordinance after receiving notice.
B. Amount. A civil penalty imposed pursuant to this Section may not exceed
one thousand dollars ($1000) per day for each violation, unless the
property is shown to be the owner's legal homestead, in which case the
penalty shall not exceed ten dollars ($10) per day for each violation.
C. Criteria for Assessing Civil Penalty. In assessing a civil penalty, the
Commission shall consider the severity of violations present, the history of
compliance of the property or the owner, lienholder or mortgagee, and the
efforts taken, if any, to correct the violations.
D. Determination Final. A determination made under this Section is final and
binding and constitutes prima facie evidence of the penalty in any court of
competent jurisdiction in a civil suit brought by the City for final judgment
in accordance with the established penalty.
E. Enforcement of Civil Penalty. To enforce any civil penalty under this
Section, the City Secretary shall file with the district clerk of the county
in which the City is located, a certified copy of the order of the Commission
stating the amount and duration of the penalty. No other proof is required
for a district court to enter final judgment on the penalty.
F. Remedies Cumulative. The remedies authorized under this Article are
inclusive and not exclusive and shall in no way prevent the City from
exercising any and all other remedies at law to which it may been
titled, including proceedings under the jurisdiction of the Municipal Court
or injunctive or other civil relief as allowed by law.
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