§ 8-66. Procedure for designation of a substandard building

(a) Commencement of public hearing. Whenever the code compliance officer has inspected any premises and has found the existence of a substandard condition, he shall schedule a public hearing before the city council to determine whether the building or structure complies with the standards set out in this article.

(b) Notice.

(1) Issuance of notice.

a. The code compliance officer shall issue a notice of hearing to each owner of the building and to each mortgagee and lienholder of the building and of the property on that it is located, as known and shown by the city and as shown by search of the following records:

1. Official public records of real property in Burnet County, specifically in the Burnet County Clerk's office;

2. Appraisal district records for the Burnet Central Appraisal District;

3. Records of the Texas Secretary of State;

4. Assumed name records for Burnet County;

5. Tax records of the city; and

6. Utility records for the city.

b. The code compliance officer shall issue notice of hearing to all unknown owners by posting the notice as described in section 8-66(b)(3).

(2) Contents of notice. Notice of the hearing described under section 8-66(a) of this article shall contain the following:

a. The street address, if any, or other description sufficient for identification of the premises upon that the building is located;

b. A statement that the code compliance officer has found the building to be substandard, with a general description of the conditions found to render the building substandard;

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;

d. A statement specifying the date, time and place of the hearing; and

e. A statement that the owner will be afforded an opportunity to comment at the hearing and will be required to submit at the hearing proof of the scope of any work that may be required to comply with the minimum standards set out in this article and the time it will take to reasonably perform the work.

(3) Service of notice.

a. Notice of the hearing shall be given by certified mail with return receipt requested, delivered by the United States Postal Service using signature confirmation service, or by personal service. If the address of any person entitled to notice cannot be ascertained, or if service cannot be made by mail or in person after a reasonable attempt, and for all unknown owners, service shall be made 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.

b. The notice shall be mailed and/or posted before the tenth day before the date of the hearing. Service by certified mail shall be effective on the date of mailing.

c. Proof of personal service shall be certified at the time of service by a written declaration executed by the person effecting service, declaring the date, time and manner in that service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail, shall be affixed to the copy of the notice retained by the code compliance officer.

d. Notice of the hearing may be filed in the official public records of real property in Burnet County, specifically in the Burnet County Clerk's office. The notice shall contain:

1. The name and address of the owner of the affected property if that information can be determined.

2. A legal description of the affected property; and

3. A description of the hearing.

The filing of the notice is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after 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.

(c) Hearing.

(1) Conduct of hearing. This section applies to all public hearings before the city council to determine whether a building or structure complies with the requirements of this article.

a. Failure to appear. If the owner of the building fails to appear at the hearing after being duly served, the council shall conduct the hearing as if the owner personally appeared.

b. Quorum. A majority of the members of the council shall constitute a quorum for the purposes of holding a hearing. An affirmative vote by a majority of the members of the council present at the hearing shall be required for the rendering of decisions or the issuance of orders authorized under this article.

c. Procedure. The council may establish rules and regulations for the conduct of hearings, if such are consistent with this article and state law.

d. Decisions and orders.

1. After all evidence has been presented at the hearing, the council shall determine whether the building or structure complies with the requirements of this article. If more than one building is located on a property and is the subject of the hearing, the council shall make a separate determination for each building.

2. If the building or structure is in substandard condition because it does not comply with the provisions of this article, the council may order that the building be vacated, secured, repaired, removed, or demolished, and shall specify a reasonable time for the owner to do so.

3. If necessary to protect the health, safety and welfare of the building's occupants, the council shall order the building vacated. If the condition of the building is due to neglect or to intentional or negligent acts by the owner, the council shall order the owner to relocate the occupants at reasonable expense and in a reasonable manner. The council shall specify a reasonable period of time for the completion of the relocation.

4. The council shall also order an additional reasonable period of time for all mortgagees or lienholders to comply with the order should the owner fail to comply with the order within the time provided for action by the owner.

5. The council shall also order a civil penalty that the city may assess if the owner fails to repair, remove or demolish the building in accordance with the council's order. Such penalty shall not exceed the amount of $1,000.00 per day that the building is out of compliance with the order.

6. A reasonable period of time to comply with an order of the council is within 30 days from the date of an order:

(i) To secure the building from unauthorized entry, or

(ii) To repair, remove, or demolish the building, unless the owner or lienholder or mortgagee establishes at the hearing that the work cannot reasonably be performed within 30 days.

7. If the council finds that the work cannot reasonably be performed within 30 days to repair, remove, or demolish the building, the council shall order specific time schedules for the commencement and performance of the work and shall order the owner, lienholder, or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed.

8. The council shall not provide the owner, lienholder, or mortgagee with more than 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:

(i) Submits a detailed plan and time schedule for the work at the hearing; and

(ii) The council finds that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.

9. If the council orders that the owner, lienholder or mortgagee complete any part of the work required to repair, remove, or demolish the building within a time period that is more than 90 days, the council shall order that the owner, lienholder or mortgagee regularly submit progress reports to the code compliance officer and appear before the council or the council's designee to prove compliance with the time schedule.

10. If the council orders that the owner, lienholder or mortgagee complete any part of the work required to repair, remove or demolish the building within a time period that is more than 90 days and the landowner, lienholder, or mortgagee owns property, including structures or improvements on property, within the city that exceeds $100,000.00 in total value, the council may order that the owner, lienholder or mortgagee post a cash or surety bond in an amount adequate to cover the cost of repairing, removing, or demolishing a building under section 8-72

(2) Contents of order.

a. An order issued by the council shall be in writing and shall set forth the decisions of the council made pursuant to section 8-66(c)(1)(d).

b. An order to repair shall set forth those items that need to be repaired.

c. An order to vacate shall require the code compliance officer to post notice to vacate at or upon each entrance and exit of the building or structure in substantially the form described by section 8-70

d. An order shall also contain the following statement:

"It is further ORDERED that if the owner fails to comply with any part of this order by the specified dates, and if any of the mortgagees or lienholders fail to comply with the order in the owner's stead and by the specified dates, the City is hereby authorized at its discretion to vacate, secure, repair, remove, and/or demolish the building(s) at its own expense. Alternatively, the City is authorized to assess a civil penalty on the owner in the amount of ____________ ($____________) per day for each day that the building continues to be in violation of this order. Such costs or penalty shall accrue interest at a rate of ten percent (10%) per annum. The City shall have all remedies provided by law to recover such costs, penalties and interest, and shall be entitled to place a lien on the property unless it is a homestead protected by the Texas Constitution."

e. A copy of the order shall be sent promptly after the hearing by certified mail with return receipt requested or by the United States Postal Service using signature confirmation service to the owner of the building and to any lienholder or mortgagee of the building. If a notice is mailed according to this subsection and the United States Postal Service returns the notice as "refused" or "unclaimed", the validity of the notice is not affected, and the notice shall be deemed as delivered.

f. Within ten days after the date the order is issued:

1. A copy of the order shall be filed in the office of the city secretary; and,

2. A notice shall be published in a newspaper of general circulation in the city, said notice containing:

(i) The street address or legal description of the property;

(ii) The date of the hearing;

(iii) A brief statement indicating the results of the order; and

(iv) Instructions stating where a complete copy of the order may be obtained.

(3) Appeal to district court. The findings and decision of the city council may be appealed to district court for a trial in accordance with City of Dallas v. Stewart, 361 S.W.3d 562 (Tex. 2012) within 30 days after the city council has rendered its decision.

(4) Failure to comply with order.

a. If the owner of a building declared substandard fails to comply with an order of the council within the allotted time, the code compliance officer shall cause a copy of the council's order to be sent by certified mail return receipt requested to each lienholder and mortgagee as was determined pursuant to section 8-66(b)(1). This shall constitute notice to the lienholders and mortgagees that the owner has failed to comply with the order.

b. If the lienholders and mortgagees fail to comply with the order within the time allotted to them by the council, the code compliance officer may:

1. Vacate, secure, repair, remove and/or demolish the building at the city's expense; or

2. Assess a civil penalty against the owner of the building, as provided by the council, for failure to comply with the order.

c. The code compliance officer is authorized to repair a building only to the extent necessary to bring the building into compliance with minimum standards, and only if the building is a residential building with ten or fewer dwelling units.

d. The code compliance officer is authorized, if the order requires demolition, to cause the building to be sold and demolished, or to be demolished and the materials, rubble, and debris removed and the lot cleaned. Any such demolition work shall be accomplished, and the cost thereof paid and recovered in the manner provided in section 8-72 of this article. Any surplus realized from the sale of any such building or from the demolition thereof over and above the cost of demolition and of cleaning the lot shall be paid to the person or persons lawfully entitled thereto.

e. The code compliance officer is further authorized to ask the city attorney to bring suit against the owner in a Burnet County district court to request that a receiver be appointed to rehabilitate the property.

(Ord. No. 613, § II, 8-27-2013)