§ 6-180.1. Hearing procedures.

(a)

The code official or his designee shall present at a SAPMC hearing facts bearing on the alleged violation of the San Antonio Property Maintenance Code. Personnel from other city departments or governmental agencies may also present facts before the BSB.

(b)

Any person owning a legal interest in the property or who may be affected by the condition of the property in question shall be allowed to present evidence at the hearing, in person or by designated representative, regarding the alleged violation of the San Antonio Property Maintenance Code.

(c)

BSB members may question any witness testifying before the board.

(d)

The BSB shall not be bound by the strict rules of evidence, and may exclude irrelevant, immaterial, incompetent, or unduly repetitious testimony or evidence, or any evidence that does not comply with these rules.

(e)

A majority vote of the members voting on a matter is necessary for the BSB to take any action.

(f)

At the conclusion of the hearing, the BSB shall determine whether the person is in violation of the SAPMC. Upon a finding that a violation exists, the BSB is authorized to:

(1)

Order the repair, within a fixed period, of buildings found to be in violation of the San Antonio Property Maintenance Code;

(2)

Declare a building in violation of the San Antonio Property Maintenance Code to be substandard;

(3)

Order action to be taken as necessary to remedy or alleviate a violation of the San Antonio Property Maintenance Code relating to a building and property;

(4)

Order or direct any peace officer of the state, including a sheriff or constable or the city chief of police, to enforce and carry out the lawful orders or directives of the BSB;

(5)

Determine the amount and duration of the civil penalty.

(g)

If the BSB issues any order or assesses a civil penalty, the person in receipt of a notice of violation is liable for the violation of the SAPMC and shall be responsible for compliance with the BSB order and payment of the civil penalty subject to the requirements of V.T.C.A., Local Government Code § 250.003 and their right to appeal to District Court.

(h)

Except for good cause, failure to appear at a SAPMC case hearing for which proper notice has been given shall result in a finding that the person is in violation of the SAPMC subject to the requirements of V.T.C.A., Local Government Code § 250.003 and their right to appeal to District Court.

(Ord. No. 2011-05-05-0354, § 3, 5-5-11)