§ 8-67. Additional authority to secure substandard buildings

(a) Authority to secure building. The code compliance officer may secure or cause to be secured a building at the city's expense if the code compliance officer determines:

(1) That the building or structure violates the minimum standards for the use and occupancy of buildings in the city regardless of the date of their construction; and

(2) That the building or structure is unoccupied or is occupied only by persons who do not have a right of possession to the building.

(b) Issuance of notice. Before the eleventh day after the date the building is secured pursuant to section 8-67(a), the code compliance officer shall give notice to the owner that the building has been secured. The code compliance officer shall also give notice to each mortgagee and lienholder, and to any unknown owners, in the same manner as described by section 8-66(b).

(c) Contents of notice. The notice under this section shall contain:

(1) An identification of the building and the property on which it is located;

(2) A description of the violation of the ordinance that is present at the building;

(3) A statement that the city has secured the building; and

(4) A statement explaining the owner's right to request a hearing about any matter relating to the city's securing of the building.

(d) Service of notice. Notice regarding the securing of the building shall be given by either:

(1) Personally serving the owner with written notice; or

(2) Depositing the notice in the United States Mail addressed to the owner at the owner's post office address; or

(3) If personal service cannot be obtained and the owner's post office address is unknown;

a. Publishing the notice at least twice within a ten-day period in the official newspaper of the city; or

b. Posting the notice on or near the front door of the building.

(e) Hearing. If, within 30 days after the date a building is secured pursuant to section 8-67(a), the owner files with the code compliance officer a written request for a hearing, the code compliance officer will schedule a hearing before the council to determine whether the actions of the code compliance officer to secure the building are upheld, modified or reversed in the same manner as provided by section 8-66(c). At the hearing the owner may testify or present witnesses or written information about any matter relating to the city's securing of the building.

(f) Scheduling of hearing. The council will conduct the hearing within 20 days after the date the request is filed.

(g) Notice of hearing. Notice of the hearing shall be provided to the requestor by personal service or certified mail, return receipt requested, before the tenth day before the hearing, in the same manner as provided in section 8-66(b)(3).

(h) Procedure after hearing. After the hearing before the council, or after the expiration of the time allowed for the owner to request a hearing and no hearing has been requested, the code compliance officer will mail by certified mail with return receipt requested or through the United States Postal Service using signature confirmation service a copy of the order to the owner of the building and to any lienholder or mortgagee of the building. Within ten days after the date the order from the council is issued, the code compliance officer will:

(1) File a copy of the order in the office of the city secretary; and

(2) Publish in the city's official newspaper 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 hearing or order; and

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

(i) 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.

(j) Liens and collection of expenses. If the city incurs expenses under section 8-67, the city may assess the expenses on and place a lien against the land on that the building is located, in the same manner as provided by sections 8-68, 8-69, and 8-72

(Ord. No. 613, § II, 8-27-2013)