§ 6-163. Notice of building standards board—Findings and order; statutory limits on demolition time.

(a)

After the hearing, the BSB shall promptly notify by certified mail, return receipt requested, the owner and any mortgagee or lienholders, of the board's order, setting forth a description of the building or structure found unsafe, a statement of the particulars which made the building or structure a dangerous building, a reasonable time for the building to be vacated, secured, repaired, removed, or demolished, and the occupants relocated, if any, and an order requiring the same to be put in such condition as to comply with the terms of this article within such length of time, not exceeding thirty (30) days as is reasonable.

Within ten (10) days after the date the order is issued, the city shall also file a copy of the order in the city clerk's office and publish once in a newspaper of general circulation within the city a notice of:

(1)

Street address or legal description of the property;

(2)

Date of the hearing;

(3)

Brief statement of results of the hearing; and

(4)

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

(b)

As prescribed by V.T.C.A., Local Government Code § 214.001(h), in conducting a hearing authorized under this article and upon a finding that the building is dangerous, the BSB shall require the owner, lienholder, or mortgagee of the building to within thirty (30) days:

(1)

Secure the building from unauthorized entry; and/or

(2)

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.

(c)

If the BSB allows the owner, lienholder, or mortgagee more than thirty (30) days to repair, remove, or demolish the building, the BSB 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 the BSB. V.T.C.A., Local Government Code § 214.001(l).

(d)

The BSB 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:

(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. V.T.C.A., Local Government Code § 214.001(i).

(e)

If the BSB 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 BSB shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the BSB to demonstrate that the owner, lienholder, or mortgagee has complied with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder, or mortgagee appear before the BSB or the director of code compliance to demonstrate compliance with the time schedules. V.T.C.A., Local Government Code § 214.004(k).

(Ord. No. 85915, § 2, 4-17-97; Ord. No. 2011-05-05-0354, § 5, 5-5-11)

Editor's note

Ord. No. 2011-05-05-0354, § 5, adopted May 5, 2011 and effective January 1, 2012, changed the title of section 6-163 from "Notice of dangerous structures determination board—Findings and order; statutory limits on demolition time" to "Notice of building standards board—Findings and order; statutory limits on demolition time." The historical notation has been preserved for reference purposes.