§ 10-394. Notice of corrective action; hearing.

(a)

Pursuant to Section 214.002, Texas Local Government Code, before the fifteenth day after the last day on which the building standards official takes corrective action as authorized by this division, the building standards official shall give a Notice of Corrective Action to the owner and to any mortgagee of the property in the manner described in Section 214.0011(c), Texas Local Government Code. The Notice of Corrective Action shall include the following:

(1)

The date on which the building standards official issued the Notice of Corrective Action;

(2)

An identification of the property that was the subject of the corrective action, which identification need not be a legal description;

(3)

A brief description of the corrective action taken and the dates of the action;

(4)

A good-faith estimate of the funds expended by the city to take the corrective action;

(5)

A statement that the city intends to impose a lien against the property in an amount equal to the funds expended by the city to take the corrective action, which lien shall be imposed in the manner described in subsections (d)—(i) of Section 214.0015, Texas Local Government Code; and

(6)

A statement that any owner or mortgagee of the property may file with the building standards official (whose address shall be included in the notice) a written request for an administrative hearing regarding the corrective action, which request must be received by the building standards official within 30 days after the day on which the building standards official issued the Notice of Corrective Action, and that, in the absence of such a request for hearing:

a.

The corrective action will be deemed to have been duly authorized by this division; and

b.

The city will make a final calculation of the funds expended by the city to take the corrective action and impose the lien to which subsection (a)(5) of this section refers.

(b)

No later than 30 days after the building standards official's receipt of a request to which subsection (a)(6) of this section refers, the building standards official shall give a notice of hearing to the owner and to any mortgagee of the property in the manner described in Section 214.0011(c), Texas Local Government Code. The notice of hearing shall include the following information:

(1)

That a hearing will be held on a stated date and at a stated time and place, which date shall be as soon as reasonably possible but in any case no later than ninety days after the day on which the building standards official receives a request to which subsection (a)(6) of this section refers;

(2)

That the hearing will be held before a panel of the commission to consider whether the corrective action was duly authorized by this division; and

(3)

That any person having a legal interest in the property (as evidenced by the real property records of the county in which the property is located) may appear in person, may be represented by an attorney, may present testimony and other evidence, and may cross-examine all witnesses.

(c)

A panel of the commission shall conduct the hearing to which subsection (b) of this section refers.

(1)

If the hearing is a record proceeding, the hearing shall be recorded by a court reporter certified by the Texas Court Reporters Certification Board.

(2)

The hearing may be postponed once for good cause shown; the existence of "good cause" shall be determined by the commission panel in the exercise of its sole but reasonable discretion.

(3)

If no person having a legal interest in the property appears before the commission on the date and at the time for which notice was given, the commission shall proceed with the hearing, and building standards official shall present the evidence.

(4)

After consideration of the evidence presented at the hearing, the commission shall issue a written order, the substance of which order shall be limited to the following:

a.

A statement of the date, time, and place of the hearing and of the authority pursuant to which the hearing was conducted;

b.

A list of all persons who attended all or part of the hearing, to the extent known by the commission;

c.

A general description of the evidence considered by the commission;

d.

A declaration of whether the corrective action was duly authorized by this division; and

e.

If the commission has declared that the corrective action was duly authorized by this division, a declaration of (i) the city's right to impose the lien to which subsection (a)(5) of this section refers and (ii) the amount of the lien.

(Ord. No. 2011-108, § 4, 2-9-2011)