§ 8-122. Procedures for notification; hearing; determination of non-compliance.

(a)

After determination by the city's building official that a specific building is believed to be in violation of the standards outlined in section 8-119, the city's building official shall prepare a notice to the owner of such building notifying such owner that a public hearing to determine whether the building complies with the standards set out in section 8-119 will be heard by the city municipal court at a certain time on a certain day at City Hall in the city. The city's building official shall also make a diligent effort to discover each mortgagee and lien holder before conducting the public hearing and, if located, to give them notice of the date, time, and place of the public hearing and an opportunity to comment at the hearing. The city shall use the records in the Maverick County Clerk's Office as well as city and county tax rolls to determine, if possible, the identity and address of any owner, lien holder or mortgagee of the building.

(b)

Such notice shall include a statement that the owner, mortgagee, or lien holder of a building believed to be in violation of section 8-119 will be required to submit at the public hearing proof of the scope of any work that may be required to comply with this article and the time it will take to reasonably perform the work. The notice shall include the name of the owner, lien holder or mortgagee of the building and street address or legal description of the property. The notice to the owner shall also comply with the requirements outlined in section 8-161(a).

(c)

Such notice shall be served by delivery to owner, mortgagee, lien holder as well as any occupant or lessee of a building believed to be in violation of section 8-119 by certified mail-return receipt requested. Where any of these parties is a corporation, service upon an officer thereof or a designated agent shall be deemed sufficient. Where such party's principal place of business is located outside Maverick County, service upon the person in charge of the local office shall be deemed sufficient. Notices to owner shall be deemed sufficient if sent to the last known address. Notices to mortgagee, lien holder as well as any occupant or lessee shall be deemed sufficient if sent to the last known address. Notice to the owner, mortgagee, lien holder as well as any occupant or lessee of a building believed to be in violation of section 8-119 shall also be deemed sufficient if delivered in person. Such notice shall be published one (1) time in a newspaper of general circulation in the city in the event the owner, mortgagee or lien holder cannot be located. This newspaper notice shall also comply with the requirements outlined in section 8-161(a) if publication is required because the owner could not be located.

(d)

In addition, the city shall file notice of the hearing in the Official Public Records of Real Property of Maverick County, Texas. 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 at the office of the Maverick County Clerk, a legal description of the affected property, and a description of the hearing. The filing of the notice is binding on subsequent grantees, lien holders, or other transferees of an interest in the property who acquire such interest after the filing of the notice, and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice.

(e)

The city's building official shall present at the public hearing reports by personnel of the departments of police, fire, and inspections or other facts as to the condition of the building believed to be in violation of section 8-119.

(f)

The owner, mortgagee, lien holder as well as any occupant of lessee of the building believed to be in violation of section 8-119 shall have the opportunity to appear at such hearing, in person or by attorney, to present any relevant facts as to the condition of the building and hear the reports of any city personnel or of any other persons which may be presented. The owner, mortgagee, or lien holder shall submit at the hearing proof of any work that may be required to comply with this article and the time it will take to reasonably perform the work.

(g)

In a public hearing to determine whether a building complies with the standards set out in section 8-119, the owner, lien holder, or mortgagee have the burden of proof to demonstrate the scope of any work that may be required to comply with this article and the time it will take to reasonably perform the work.

(h)

The city municipal court shall, after consideration of the foregoing, determine whether the building in question is:

(1)

Dilapidated, substandard or unfit for human habitation, and a hazard to the public health safety and welfare;

(2)

Regardless of its structural condition, unoccupied by its owner, lessee, or other invitee 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

(3)

Boarded up, fenced, or otherwise secured in any manner if:

a.

The building constitutes a danger to the public even though secured from entry; or

b.

The means used to secure the building are inadequate to prevent unauthorized entry or use of the building.

(i)

If the city municipal court determines that the building in question falls under any of the conditions listed on subsection (h) above, then the city municipal court shall require the owner of the building, within the time allowed by subsections (l)—(n) below to:

(1)

Secure the building from unauthorized entry; or

(2)

Repair, remove or demolish the building.

(3)

Require the owner to relocate the occupants of the building within a reasonable time, if necessary.

(j)

Within ten (10) days after the date that the determination is made by the city municipal court, the city shall,

(1)

File a copy of the determination in the office of the city secretary; and

(2)

Publish in a newspaper of general circulation in the city a notice containing:

a.

The street address or legal description of the property;

b.

The date of the hearing;

c.

Brief statement indicating the results of the hearing; and

d.

Instructions stating where a complete copy of the determination may be obtained.

(k)

After the hearing, the city shall promptly mail by certified mail, return receipt requested, or personally deliver, a copy of the order to the owner of the building and to any lien holder or mortgagee of the building. The city shall use its best efforts to determine the identity and address of any owner, lien holder, or mortgagee of the building.

(l)

The city municipal court may not allow the owner, lien holder, or mortgagee more than ninety (90) days to repair, remove, or demolish the building or fully perform all work required to comply with this article unless the owner, lien holder, or mortgagee:

(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 ninety (90) days because of the scope and complexity of the work.

(m)

If the city municipal court allows the owner, lien holder, or mortgagee more than ninety (90) days to complete any part of the work required to repair, remove, or demolish the building, the city municipal court shall require the owner, lien holder, or mortgagee to regularly submit progress reports to the city's building official to demonstrate that the owner, lien holder, or mortgagee have complied with time schedules established for commencement and performance of the work. The city municipal court may require that the owner, lien holder, or mortgagee appear before the city municipal court or the city's building official to demonstrate compliance with the time schedules.

(n)

If the city municipal court determines that a building must be vacated or its occupants relocated within a reasonable period of time, such reasonable period of time shall not exceed thirty (30) days from the date that the city provides written notice unless the owner, lien holder or mortgagee establishes at the hearing that a longer period of time is necessary because the building cannot be vacated or its occupants relocated within thirty (30) days.

(Ord. No. 04-23, § 1, 7-21-2004)