§ 17-191. Public hearing required for order of demolition.

(a)

Hearing required. In cases where the building official has determined that a building or structure should be demolished, a public hearing before the health and building standards commission shall be held, regardless of whether or not an appeal from such determination has been filed by any person.

(b)

Diligent effort must be made to locate the owner, lien holder, or a mortgagee on the property. Diligent effort is met if the city follows the procedures of V.T.C.A., Local Government Code §§ 54.035 or 214.001, as amended.

(c)

Notice of hearing. Notice of the hearing shall be given as in cases where an appeal has been filed. In addition, the secretary of the commission shall cause a notice to be published in the official newspaper of city at least ten (10) days prior to the scheduled hearing date. The published notice shall be directed to any person having any interest in the property, stating the names of such persons, if known. The notice shall include the following:

(1)

The street address and a legal description sufficient for identification of the premises upon which the structure is located;

(2)

A statement that the code official has found the building or structure located thereon to be dangerous and constitutes a hazard to the health, safety and welfare of the citizens; and

(3)

A statement that a public hearing will be held before the health and building standards commission on a date and time and at a place therein specified to determine whether the building or structure should be demolished in accordance with the notice and order of the code official.

(d)

Nuisance determination required to demolish. A notice and order to demolish a building or structure shall be issued only in those cases where the commission after the hearing has determined that the building or structure is dilapidated, substandard, dangerous, or unfit for human occupancy, does not meet minimum standards, and that the building or structure constitutes a nuisance, in so far as it is a hazard to the health, safety and welfare of the public and the occupants.

(e)

Notice of demolition. Notice of demolition shall be by the following methods within ten (10) days after the date that the order of the commission is issued:

(1)

Notice by mail. Whenever the commission has determined that a building should be demolished, the commission's notice and order shall be sent to all record owners, interested parties of record or other persons known to have an interest in the property informing such persons of the commission's determination and that, pursuant to the determination, the building will be demolished. The notice shall state that the costs of demolition shall be assessed against the property. All notices shall be sent by registered or certified mail, return receipt requested.

(2)

Notice by publication. In addition to the notice provided for in subsection (e)(1) of this section, the code official shall cause to be published in the official newspaper of the city, a notice of the commission's determination. The notice shall contain:

(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;

(iv)

Instructions stating where a complete copy of the order may be obtained; and

(v)

A statement that the building or structure on the premises will be demolished and that the cost of demolition will be assessed against the property.

(3)

A copy of the order shall be filed with the office of the city secretary.

(4)

A copy of the order shall be filed with the county clerk.

(5)

Appeals from nuisance determinations of health and building standards commission.

a.

Any person entitled to service of a notice issued pursuant to section 17-183 may appeal a determination of nuisance associated with an order to demolish issued by the health and building standards commission under this division, by filing a verified petition in the municipal court, alleging that the decision is illegal or unconstitutional, in whole or in part, and specifying the grounds of the alleged illegality or unconstitutionality.

b.

The petition must be filed by an owner, lienholder, or mortgagee within thirty (30) calendar days after the respective dates a copy of the final decision of the health and building standards commission is personally delivered to them, mailed to them by first class mail with certified return receipt requested, or delivered to them by the United States Postal Service using signature confirmation service, or such decision shall become final as to each of them upon the expiration of each such thirty-calendar-day period.

c.

Appeal hearings in the municipal court shall be a de novo determination of any applicable legal or constitutional impediments to demolition clearly raised and identified in writing by the owner, lienholder or mortgagee as a legal basis for appeal, but shall not embrace other matters of fact, such as feasibility or cost of repair. The court may reverse or affirm the health and building standards commission's determination of nuisance, or may otherwise remand back to the health and building standards commission any demolition order found to be unconstitutional or legally deficient, either in the finding that the building or structure constitutes such an immediate danger to public health and safety as to constitute a nuisance, or because the order otherwise fails to satisfy any required legal standard imposed by state or federal law to allow demolition.

(Ord. No. 2010-132, § 1, 5-11-10; Ord. No 2012-254, § 1, 10-2-12)