§ 6-172. State authority for summarily securing unoccupied buildings.

(a)

Purpose; no emergency required. An owner or person in control of an unoccupied building shall ensure that the building is in such condition that an unauthorized person cannot enter into it through missing or unlocked doors or windows, or through other openings into the building. The city may secure unoccupied, unsecured structures after the owner(s) fail to do so after reasonable notice, or, in the base of an unsecured, unoccupied building located within one thousand (1,000) feet or a public or private elementary school, middle school, or high school, or a state recognized day care center, at the discretion of the code compliance director, the city may secure without prior notice, as prescribed by V.T.C.A., Local Government Code § 214.0011. Subsequent notice of discretionary, summary abatement shall be provided as set forth in subsection (k)(2) below. A lien may be filed on non-homestead residential structures to assure recovery of the cost of securing.

(b)

Definition. An unsecured, unoccupied building is hereby defined to be any structure that currently has no legitimate occupant or tenant, or is occupied by persons who have no right to possession, and which has missing or unlocked doors or windows, or other unsecured openings into the building through which an unauthorized person, including a child, could enter. Any unoccupied, unsecured building is hereby declared to be a danger to the public health and safety and a public nuisance.

(c)

Notice. Whenever it is found that an unoccupied building is in such condition that an unauthorized person or child could enter it through missing or unlocked doors or windows or other openings, the director of development services or the fire marshal shall cause a written "Notice To Secure" to be given to the owner of the property or to any person having control over the property. Such notice shall inform the addressee that the building is a public nuisance, and must be secured in compliance with this section within ten (10) days of the receipt of the notice, or that the city has already secured the structure. The notice shall be served to the addressee by first class mail or by personal delivery, and by posting the notice on or near the front door of the building by a code compliance investigator, fireman, peace officer, or other persons authorized by the director of development services. When the city has already secured the structure, notice shall be given no later than the eleventh day after the date the structure is secured.

(d)

Appeal. Any property owner who believes that the development services department or the fire marshal has erroneously identified his or her structure as an unsecured, unoccupied structure, shall have the opportunity to appear before a hearing of the board charged with declaring public nuisances, in person or by attorney, to present any relevant facts as to the condition of the premises upon submitting a written request for such hearing within thirty (30) days after the structure is secured. A hearing shall be held within twenty (20) days after the date a request is filed. Details concerning the right to appeal shall appear on the notice to secure or notice of accomplished securing. The board may require the posting of a performance bond not to exceed one thousand dollars ($1,000.00) to ensure performance of any agreement that may be reached with the owner of the property in question and which results in the postponement of a pending civil order to secure and/or clean.

(e)

Offense. It is unlawful for any building owner or person having control of any premises to cause, permit, or allow a public nuisance as defined in this article or to fail to timely comply with a notice to secure ordered by the director of development services or fire chief, given pursuant to this section. Violation shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than two thousand dollars ($2,000.00). Each day's failure to comply after the expiration of the notice period shall constitute a separate offense.

(f)

City may secure structures. If the owner fails to comply with the notice to secure, the director of development services or fire marshal may order the boarding up of all openings to the building so as to prevent entry, or the securing of the structure in any other reasonable fashion.

(g)

Method of securing. The securing of windows, doors, or any other opening allowing access to an unsecured, unoccupied structure shall be done with such materials and technique to effectively bar entrance to the structure. Such materials include, but are not limited to, plywood, lumber, steel, replacement glass, nails, screws, and bolts. The use of cardboard, tar paper, window and door screens, or any other material that will not effectively prevent entrance shall not be sufficient to meet the requirements of this section. Upon receipt of a notice to secure, each and every accessible means of entry must be secured.

(h)

Method of cleaning. The cleaning of an unoccupied building shall include maintenance of said structure and its lot free and clear of garbage, trash, debris, rubbish, waste, wood and metal scrap, inoperative or abandoned appliances and furniture. All weed and grass cuttings shall be removed from the premise in accordance with the provisions of chapter 14 of the City Code.

(i)

Collections and liens. If the city secures a structure pursuant to authority granted by the Texas Local Government Code and in accordance with this article VIII, the city shall proceed to secure payment for said actual costs of securing the property plus an administrative fee of one hundred eighty dollars ($180.00) by the following:

(1)

Residential property of ten (10) dwelling units or less: If after thirty (30) days from billing for the securing of a structure, payment in full has not been made, the city may proceed to collect the amount due including the costs of securing, plus all associated costs and fees by filing a lien to be recorded in the real estate records of Bexar County, Texas, pursuant to authority granted by law.

(2)

All other structures: If after thirty (30) days from billing for the securing of a structure, payment in full has not been made, the city shall bring suit in a court of competent jurisdiction to collect the amount due including the cost of securing plus all associated costs and fees. The city attorney is hereby further authorized to make use of whatever legal or equitable remedies are available to collect said monies due, including filing and foreclosure of liens as appropriate.

(j)

Fee and cost payable date. The cost of securing, plus the attendant administrative cost of one hundred fifty dollars ($150.00), shall attach and become an account receivable on the date completion of the boarding-up, fencing, or other method of securing any structure.

(k)

Other remedies available. The remedies provided in this section shall be available in addition to others provided by law or equity. The issuance of a notice to secure or imposition of a fine pursuant to another section of this code shall not be required as a prerequisite to the initiation of abatement action, nor shall the issuance of a notice to secure or imposition of a fine under this section preclude any other or additional abatement remedies.

(l)

Danger posed by unsecured structure:

(1)

Where the director of development services finds that an unsecured building, regardless of the date of its construction, poses such a danger to public, health, safety, and welfare that in the director judgment summary abatement is necessary, or where an unsecured building is located within one thousand (1,000) feet of a public or private grammar school, middle school, or high school, or a state recognized day care center, he/she shall cause the structure to be secured and cleaned.

(2)

Notice to the owner(s) shall be provided before the eleventh (11th) day, after the structure is secured, by personal service, or notice by first class U.S. Mail at the owner's post office address. If personal service cannot be obtained and the owner's post office address is unknown, notice may be performed by either publishing the notice twice within a ten-day period in a newspaper of general circulation in the county in which the building is located, or posting the notice on or near the front door of the building. The notice shall contain the information required by applicable state law, and as such law may from time to time be amended, at least: (i) a description of the building and the property on which it is located (need not be legal description); (ii) description of the violation; (iii) statement of owner's need to secure or that city has secured, as the case may be; and (iv) explanation of owner's right to request a hearing on the matter, if within thirty (30) days of securing, owner files written request for hearing. The BSB must hear the matter within twenty (20) days after the date request is filed.

(3)

It shall be unlawful for any person to enter such premises or remove the posted notice without written permission from the director of development services.

(4)

The city's costs may be recovered and a lien filed in the same manner as to secure city expenses incurred to remediate other premises violations.

(Ord. No. 85915, § 2, 4-17-97; Ord. No. 94581, § 4, 9-20-01; Ord. No. 96273, § 1, 8-29-02; Ord. No. 2009-09-17-0731G, § 1, 9-17-09; Ord. No. 2011-05-05-0354, § 5, 5-5-11; Ord. No. 2011-09-29-0788, § 1, 9-29-11; Ord. No. 2012-11-08-0878, § 1, 11-8-12)