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2022-028 - Amending Chapter 4, “Building Regulations,” Article 4.02, “Construction Codes and Standards.” Article 4.03, Section 4.03.004, “Building and Standards Commission Established; Proceedings; Civil Penalties,” Article 4304, “Residential Rental Prope
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2022-028 - Amending Chapter 4, “Building Regulations,” Article 4.02, “Construction Codes and Standards.” Article 4.03, Section 4.03.004, “Building and Standards Commission Established; Proceedings; Civil Penalties,” Article 4304, “Residential Rental Prope
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(ii) By posting notice on or near the front door of each building on the property <br />to which the violation relates; or <br />(iii) By posting notice on a placard attached to a stake driven into the ground <br />on the property to which the violation relates. <br />(2) Any notice forwarded to the owner by mail as provided in subsection (b)(1)(B) and <br />returned by the United States Postal Service as "refused" or "unclaimed" shall not affect <br />the validity of the notice, and the notice shall be considered as delivered. <br />(c) Contents of notice. The notice shall contain: <br />(1) The name and address of the record owner; <br />(2) An identification, which is not required to be a legal description, of the property upon <br />which the violation is located; <br />(3) A statement in conformance with V.T.C.A., Local Government Code section 54.005 <br />affording a former property owner the opportunity, by sworn affidavit, to disavow current <br />ownership and responsibility for the property; <br />(4) A statement describing the violation and the work necessary to correct the violation; <br />(5) A statement that the owner may, within five (5) days of the date of the notice of a <br />violation, submit a written request to the appropriate person named in the notice for an <br />hearing before the Gity m .-ager BuildigLnand Standards <br />_q <br />Commission to contest whether the violation exists; and <br />(6) A statement that the city may, at any time after the expiration of seven (7) days from <br />the mailing of the notice, file a criminal misdemeanor complaint in municipal court with a <br />maximum fine in accordance with the general penalty provided in section 1.01.009 for each <br />day the violation exists, in addition to or in lieu of any other remedy provided by law. <br />(d) Hearing. If a written request is received according to subsection (c)(5), an-i-Rf-ern=a-a-I <br />hearing shall be held before the Building_gndStandards Commission City Manager eF his designee. <br />Unless the owner requests and is granted an immediate hearing and waives the right to notice, notice <br />of the time and place of the hearing shall be sent to the owner by certified mail. At the hearing, the <br />Building acid standards Commission Gity manager or his desig-nee may consider all facts relating to <br />the existence of a violation. After the hearing, the e4y4�Ra� <br />9F-��may determine that a violation requiring abatement does or does not exist gnd,Jifh e <br />_t <br />Commission determines a violation_ exists. issue orders re abatement of said violation or <br />71 _olafion�___' <br />Sec. 4.04.005 Violations; penalty; inspections <br />(a) Each individual violation of this article is hereby declared a class C misdemeanor prosecutable <br />in the municipal court of the city, and upon adjudication of guilt thereof, any occupant, lessee, owner, <br />lessor, agent or other person who violates, disobeys, omits, neglects or refuses to comply with or who <br />resists the enforcement of any of the provisions of this article shall be assessed a fine for each offense <br />in accordance with the provisions of section 1.01.009. Each day that a violation is permitted to exist <br />Page 5 of 8 <br />
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