DIVISION 2. - DANGEROUS BUILDINGS PROCEDURES

Concurrent with preparation of a dangerous building or structure case for referral to the BSB, and before a hearing, the code compliance director shall advise in writing the city's historic preservation officer of the location of the subject building or structure and the nature of the violation. Such advisement shall commence the time frame for status determination, in lieu of an application for demolition. Within thirty (30) days of receipt of the information, the city historic preservation officer shall advise the BSB in writing whether or not the building or structure is a landmark or is in an historic district, and if neither a landmark nor in an historic district, whether or not the building or structure has historical, cultural, architectural, or archaeological significance (structure having significance).

If the building or structure is a landmark, in an historic district, listed or eligible for listing in the National Register of Historical Places, or possesses historical, cultural, architectural, or archaeological significance, BSB shall ensure that an order, finding, or other action taken complies with the requirements set out in the Uniform Development Code § 35-617. Provided, however, within sixty (60) days from the date of receipt of the information from the code compliance director, the historic preservation officer must have obtained the historic and design review commission concurrence that a building or structure having significance should be designated a landmark. Further, the structure having significance must be so designated by city council one hundred eighty (180) days after the date of receipt of the information from the code compliance director. If any one of the deadlines set out above is not met, the BSB may presume the building or structure does not have historical, cultural, architectural or archaeological significance.

(c)

The BSB shall act as authorized under all applicable statutes and laws.

(d)

BSB duties shall include review of the procedures for each case brought before the board to confirm notice requirements have been satisfied; conduct a public hearing as required by this article to determine whether a building is a public nuisance, and issue abatement orders. In hearing cases pertaining to distressed buildings and structures, the BSB shall regard potential for curing title and to advise, when appropriate, property owners of programs which may be available to assist in preserving buildings as affordable housing.

(e)

In addition to the city's authority under the V.T.C.A., Local Government Code § 214.001(m)(n) to perform public nuisance abatement of dangerous buildings or structures and secure its costs with a lien, whenever remediation is not accomplished within the allotted time, the city shall further exercise its authority, under V.T.C.A., Local Government Code § 214.0015, additional authority, to allow the BSB to elect to have the city perform limited repairs, as described below. Assessment for repairs, notice, and recovery of the assessment shall be performed by the city in the same manner as required for the fixing, filing, and foreclosure of liens arising from city services rendered to remediate other premises violations.

(f)

A building may be repaired by the city under this section, only to the extent necessary to bring the building into compliance with minimum standards, and only if the building is a non-homestead residential building with ten (10) or fewer dwelling units.

(g)

The lien, however, may be imposed against any non-homestead real property to secure payment of qualified repair, removal, or demolition expenses.

(Ord. No. 2008-10-02-0869, § 1, 10-2-08; Ord. No. 2011-05-05-0354, § 3, 5-5-11; Ord. No. 2011-09-29-0788, § 1, 9-29-11)

Editor's note—

Ord. No. 2011-05-05-0354, § 3, adopted May 5, 2011 and effective January 1, 2012, changed the title of section 6-158 from "Dangerous structure determination board established; composition; public hearing authority; duties; quorum" to "Dangerous buildings or structures cases." The historical notation has been preserved for reference purposes.

Sec. 6-159. - Standards for repair, vacation, or demolition; BSB review of demolition settlement.

The following standards shall guide the code compliance director in his discretion in ordering a hearing to repair, vacate, secure, and/or demolish a dangerous building and these standards shall be observed and applied by the hearing officers who comprise the building standards board.

(1)

If the alleged dangerous building can be feasibly repaired or the condition remedied so that it will no longer exist in violation of the terms of this article, it shall first be ordered remedied or repaired by the hearing officers. Demolition shall be regarded as a remedy of last resort.

(2)

If the building is in such condition as to make it dangerous to the health or safety of its occupants, it shall be ordered by the hearing officers to be vacated.

(3)

In any case where a dangerous building is fifty (50) percent or more damaged or decayed or deteriorated in its structure, or fifty (50) percent or more diminished in its value due to damage, decay, or deterioration, a presumption shall arise that the building cannot be repaired. Such presumption may be appropriately rebutted by the weight of the evidence.

(4)

Principals of sound engineering practices shall be respected.

(5)

In all cases of settlement in which a responsible party enters into a voluntary demolition agreement to accept city serviced demolition, all settlement agreements shall be reviewed by the BSB prior to execution by a duly authorized city official possessing settlement authority.

(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 6-159 from "Standards for repair, vacation, or demolition; DSDB review of demolition settlement" to "Standards for repair, vacation, or demolition; BSB review of demolition settlement." The historical notation has been preserved for reference purposes.

Sec. 6-160. - Additional state authority.

Under authority of V.T.C.A., Local Government Code § 214.001, subch. A. Dangerous Structures, upon hearing, a building or structure shall be ordered demolished, vacated, secured, or repaired, and/or its occupants relocated if found to be:

(1)

Dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare; or

(2)

Regardless of its structural condition, but having been subject to repeated criminal enforcement efforts, unoccupied by its owners, lessees, or other invitees, the building is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children.

(Ord. No. 85915, § 2, 4-17-97)

Sec. 6-161. - Inspection of buildings, schools, churches, etc.

The director of code compliance or development services may inspect or cause to be inspected periodically, all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial buildings, manufacturing buildings, or loft buildings, flea markets, and tents for the purpose of determining whether any conditions exist which render any such place a dangerous building or structure within this article. The director may also inspect buildings under the following conditions:

(1)

Any premises, building, wall, or structure about which complaints are filed by any persons alleging that any premises or a building, wall, or structure is or may be existing in violation of this article;

(2)

Any premises, building, wall, or structure, as provided for in this article, alleged by the health, fire, or police departments of this city to be in violation of the terms of this article. Good faith shall be sufficient to support the director's inspection effort.

(3)

Any premises, building, wall, or structure which the director in good faith has reason to believe may be in violation of this article.

(Ord. No. 85915, § 2, 4-17-97; Ord. No. 96273, § 1, 8-29-02)

Sec. 6-162. - Notice of hearing.

(a)

When the director of code compliance has probable cause to believe a building or structure to be dangerous, the code compliance director shall order a public hearing before the BSB and make a diligent effort to discover and notify in writing the owner and each lienholder or mortgagee, before the public hearing. The director must make a reasonable search of the instruments on file in the office of the county clerk to find the owner. Reliance on the real property lien and tax records of Bexar County, Texas, shall be sufficient to identify mortgagees and lienholders.

(b)

The pre-hearing notice to the owner shall be:

(1)

Personally to the owner in writing; or

(2)

By letter addressed to the owner at the owner's post office address;

(3)

If personal service cannot be obtained or the owner's post office address is unknown:

By publication at least twice within ten (10) consecutive days; and

By posting the notice on or near the front door of each building on the property to which the violation relates.

(c)

The pre-hearing notice to lienholders/mortgagees shall be directed to them at addresses provided by the real property tax records of Bexar County, Texas, and deposit of the notice with the United States Postal Service, first class, shall be deemed sufficient for delivery.

(d)

The notice shall state:

(1)

The observations of the code compliance director:

• Identifying conditions enumerated above in section 6-156 of alleged dilapidation, substandard conditions, unfitness for human habitation, and hazard to the public health, safety, and welfare; or

• In the alternative, regardless of structural condition, a building or structure is unoccupied by its owners, lessees, or other invitees and unsecured to the extent it could be, or has been, entered by vagrants or other uninvited persons as a place of harborage or could be entered or used by children, and that the building has been subject to repeated criminal enforcement efforts; and

(2)

Identification of the building and the property upon which the building is located. (This identification is not required to be a legal description.); and

(3)

A statement that the owner, lienholder, or mortgagee shall be required at the hearing to present proof of the scope of any work that may be required to comply with this article and the time it will reasonably take to perform the work; and

(4)

A statement that the lienholder/mortgagee, as well as the owner, is entitled to attend the hearing and shall be afforded opportunity to comment.

(e)

If the city files a notice in the official public records of real property for Bexar County, Texas, pertaining to the hearing, as set forth above, the notice shall bind all subsequent holders of interest in the property, according to state law.

(f)

The city is not required to furnish any further notice to a mortgagee or lienholder, other than a copy of the building standards board's order, when the city has followed the notice requirements set forth here.

(g)

The order, in regard to mortgagees and lienholders, shall notify them, as set forth below at section 6-162, of the owner's obligations and shall allow an additional reasonable time for the mortgagee/lienholder to perform the order if the owner fails to do so.

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

Sec. 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.

Sec. 6-164. - Burden of proof.

In any public hearing before the BSB to determine whether a building is in violation of the conditions set forth in this article, which may result in a finding of public nuisance and an abatement order, the owner, mortgagee, or lienholder has the burden of proof to demonstrate the scope of any work that may be required to abate the nuisance and the time it will take to reasonably perform the work. This burden is imposed under authority of V.T.C.A., Local Government Code § 214.001(l).

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

Sec. 6-165. - Responsible party's failure to abate; costs.

(a)

If the building or structure, subject of the BSB order, is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time, the city may vacate, secure, remove, or demolish the building or relocate the occupants at its own expense.

(b)

If the city incurs expenses under subsection (a) above, the city may assess its costs and secure same by a lien.

(c)

In the event of city serviced demolition, following review and approval by the BSB, to abate the public nuisance, the owner shall be charged and billed for the expense of demolition of the structure or building, to prepare the premises for demolition, collapse the structure, remove and dispose of all debris to a legal disposal facility, plus any handling, transportation and disposal fees incurred, including any and all costs necessary to address special or hazardous wastes, and a ten (10) percent administration expense charge.

(d)

Any case referred to the BSB for consideration shall also have attached as costs all expenses incurred by the city to research ownership and mortgagee/lienholder interests, as such research is required by state law to fix enforceable orders and liens.

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

Sec. 6-166. - Hearing proceedings.

(a)

The code compliance director or his/her designee shall prepare a notice to the owner, mortgagee, or lienholder, if any, having an interest in such alleged dangerous building notifying such persons that a hearing on the matter will be heard by the building standards board at a certain time on a certain day, not less than five (5) days and not more than sixty (60) days after receipt thereof, at a city facility appropriate to public hearings.

(b)

The notice shall be served by verified personal delivery to such persons or by U.S. mail, certified return receipt requested. Where any such person is a corporation, service upon an officer thereof or designated agent shall be deemed sufficient. Where such entity's or person's principal place of business is located outside of the county, service upon the person in charge of the local office shall be deemed sufficient. Such notice shall be published one time in the city's official publication in the event any person having an interest in such premises, or their heirs, cannot be located after reasonable efforts.

(c)

The code compliance director or his/her designee shall present at such hearing facts bearing on the condition of the premises, and reports may be made by personnel of the departments of fire, development services, planning, other city departments, or other appropriate agencies.

(d)

Any person having an interest in the property or who may be affected by conditions of the property shall be allowed to present evidence at such hearing, in person or by attorney, regarding condition of the premises and to hear the reports of any city personnel or of any other persons who may be present. The city shall have only those obligations to notify persons or entities as prescribed by statute.

(e)

The BSB may require the posting of a performance bond not to exceed ten thousand dollars ($10,000.00) to ensure performance of any formal agreement that may be reached between the city and a person having an interest in the property to accomplish the remediation contract.

(f)

The remedy of this section shall be available to the city in addition to any penal or other civil remedy which the city, state or other person may have to remedy public nuisance conditions.

(Ord. No. 85915, § 2, 4-17-97; Ord. No. 96273, § 1, 8-29-02; Ord. No. 2011-05-05-0354, § 5, 5-5-11)

Sec. 6-167. - Expedited cases before the BSB.

In cases where the code compliance director determines that there is sufficient danger to the life, safety, or property of any person unless a dangerous building or structure, as defined in this article, is immediately repaired or demolished, or in cases where a dangerous building or structure, as defined in this article, is located within one thousand (1,000) feet of a public or private elementary school, middle school, high school, or a state recognized day care center, the code compliance director shall commence procedures to expedite vacation and/or repair or demolition of such dangerous building or structure. All such expedited cases shall include immediate written notice to the historical preservation officer, which expedition may include a request for a temporary restraining order (TRO). The director may, at his/her option, cause immediate remediation by requesting the city attorney to file in the district court a request for a TRO authorizing emergency abatement. In a request for a TRO, made pursuant to this section, the city attorney may seek any and all relief necessary to abate the emergency except demolition of the structure. Demolition may be sought pursuant to this section, at the request and concurrence of the director of code compliance and the historical preservation officer, by action for injunctive relief if such action is deemed necessary by the city attorney. (The above notwithstanding, the city attorney may seek any and all remedies available at law or equity as necessary for abatement under section 6-175.)

In cases of buildings or structures governed by section 35-617 of the Unified Development Code, Public Safety Hazards and Emergency Securing Measures, pertaining to landmarks and structures located within an historical district, the code compliance director shall expeditiously secure the structure in question to the extent practicable with resources available to the director. The director shall thereafter inform the historic preservation officer of these steps and shall provide copies of such information on securing to members of the historic and design review commission and the BSB.

(Ord. No. 85915, § 2, 4-17-97; Ord. No. 96273, § 1, 8-29-02; 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 6-167 from "Expedited cases before the DSDB" to "Expedited cases before the BSB." The historical notation has been preserved for reference purposes.

Sec. 6-168. - Placarding.

(a)

In emergency cases the director of code compliance shall cause to be posted at each entrance to such dangerous building a notice to read: DO NOT ENTER. THIS STRUCTURE TO BE DEMOLISHED BY THE DEPARTMENT OF CODE COMPLIANCE, CITY OF SAN ANTONIO. Such notice shall remain posted until the required demolition is completed. Such notice shall not be removed without written permission of the code compliance director, and no unauthorized person shall enter the building for any purpose. It shall be unlawful for any person who enters such premises to remove the posted notice without written permission from the code compliance director.

(b)

Buildings or structures subject to BSB hearings shall be appropriately placarded at discretion of the code compliance director with warning of dangers for which the director has probable cause for concern.

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

Sec. 6-169. - Reserved.

Editor's note—

Ord. No. 2011-05-05-0354, § 3, adopted May 5, 2011 and effective January 1, 2012, repealed the former section 6-169 in its entirety, which pertained to administrative liability and derived from Ord. No. 85915, § 2, adopted April 17, 1997.

Sec. 6-170. - Reports of suspected dangerous buildings.

The heads of the fire, police, and other city departments shall make prompt reports in writing to the code compliance director of all buildings or structures which are, or may be suspected to be dangerous buildings or structures within the terms of this article.

(Ord. No. 85915, § 2, 4-17-97)

Sec. 6-171. - Disconnecting public utilities.

The code compliance director may request that public utilities be disconnected in order that demolition or other nuisance abatement actions may be accomplished without delay in those cases where the structure is open, vacant, dilapidated, or subject to any of the conditions defining public nuisance in this article.

(Ord. No. 85915, § 2, 4-17-97)

Sec. 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 by certified mail, return receipt requested, or by personal delivery of the notice to the addressee 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. If the personal or certified mail notice attempt is not successful, notice may be accomplished by publishing in a newspaper of general circulation, on two (2) occasions approximately one week apart, or by posting notice on or near the front door of the building.

(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)

Sec. 6-173. - Enforcement; appeal to district court under substantial evidence rule; lien priority.

(a)

Any owner, lienholder, or mortgagee of record, aggrieved by an order of the BSB under this article VIII may file in district court a verified petition setting forth that the decision is illegal, in whole or part, and specifying the grounds of the illegality. The petition must be filed within thirty (30) calendar days after the respective dates a copy of the final decision of the BSB is mailed to them by first class mail, certified return receipt requested, or such decision shall become final as to each of them upon expiration of each such 30-calendar-day period.

(b)

In any judicial contest challenging the city's rights under this ordinance, the city shall pursue recovery of its attorney's fees as allowed by the Texas Local Government Code.

(c)

An aggrieved party's appeal from an order of the BSB, when made to the district court, shall be limited, according to law, to a hearing under the substantial evidence rule, where under the court may reverse or affirm, in whole or part, the BSB's decision. Accordingly, costs may not be allowed against the city.

(d)

The lien securing payment of civil penalties or the costs of repairs, removal, or demolition, as the case may be, is inferior only to any previously and duly recorded bona fide mortgage liens, as prescribed by state law. The city's lien is superior to all other previously recorded judgment liens, and shall accrue interest at the rate of ten (10) percent a year, or as allowed by law, from the date of assessment until paid in full.

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

Sec. 6-174. - Other remedies; Chapters 54 and 214, Texas Local Government Code.

Nothing is this article shall preclude the city's pursuit of any and all other remedies allowed under the civil and criminal statutes, and in equity, to address conditions which are treated in this article, under the theory of public nuisance and abatement of dangerous structures or buildings. Neither shall the city be required, nor prohibited, to issue criminal citations before, after, or during any proceeding prescribed in this article.

Specifically, in addition to provisions of this article and remedies afforded under V.T.C.A., Local Government Code ch. 214, Municipal Regulation of Structures, the city further asserts full authority to exercise its right to remedy under all provisions of the Texas Local Government Code, including, but not limited to, ch. 54, subch. B, Municipal Health and Safety Ordinances, in prosecution of civil suits for enforcement, injunctive relief, and civil penalties to remedy conditions of public concern described in this article.

(Ord. No. 85915, § 2, 4-17-97)

Sec. 6-175. - Emergency demolitions.

(a)

Emergency arising from sudden acts or occurrences.

(1)

Where it appears to the fire chief or director of development services or their designees, that due to structural defects or conditions arising from, but not limited to, fire, accident, water damage, vandalism, or other sudden act or occurrence thereby threatening the structural integrity of a building, there is clear and imminent danger to the life, safety or property of any person unless the building is immediately demolished, either of these officials shall declare its immediate vacation and demolition. The concurrence of the director of development services shall be required prior to execution of the demolition order. Such concurrence shall include a determination that under the circumstances no other abatement procedure is reasonably available except demolition.

(2)

Notice that the structure has been determined to be a clear and imminent danger to life and safety shall be issued:

By placard affixed to the property or by stake driven into the ground. It shall be unlawful for any person to remove the posted notice without written permission of the director and no unauthorized person shall enter the building for any purpose; and

By notification to the city manager or designee and office of historic preservation ("OHP").

(b)

Emergency arising from long-term deterioration.

(1)

Where it appears to the fire chief or director of development services, or their designees, that structural defects or conditions arising from long-term deterioration threaten the structural integrity of a building such that there is clear and imminent danger to the life, safety or property of any person unless the building is immediately demolished, either of these officials shall declare its immediate vacation and demolition. The concurrence of the director of development services shall be required prior to the execution of the demolition order. Such concurrence shall include a determination that under the circumstances no other abatement procedure is reasonably available except demolition. Upon a determination that an emergency demolition is warranted, the following actions shall be taken:

(2)

Notice that the structure has been determined to be a clear and imminent danger to life and safety shall be issued:

By placard affixed to the property or by stake driven into the ground. It shall be unlawful for any person to remove the posted notice without written permission of the director of development services and no unauthorized person shall enter the building for any purpose;

Via hand-delivery to the owner(s) of record per Bexar County Appraisal District records only if the owner resides within the Bexar County jurisdictional limits;

By email to the council district in which the subject structure is located; and

By email to the city manager or designee and office of historic preservation.

(3)

If the subject structure is designated a historic landmark, located in a historic district, or determined by OHP to have historical, cultural, architectural, or archaeological significance, the OHP shall take the following actions no later than seventy-two (72) hours after notice is issued:

Determine, in conjunction with the property owner and any relevant city officials or commissions, including but not limited to the historic and design review commission or its committees, the feasibility of securing the structure and its stabilization;

Notify the San Antonio Conservation Society; and

Notify the registered neighborhood association in which the subject structure is located.

(4)

Within seventy-two (72) hours of notice, a plan of action to stabilize the structure must be presented to the director of development services. Said plan of action shall be developed by a structural engineer registered in the state.

If the plan is approved by the director of development services, said plan must be implemented within twenty-four (24) hours of approval.

If the plan is determined infeasible by the director of development services, the required affidavits shall be executed for commencement of the emergency demolition.

(5)

If stabilization of the structure is begun within twenty-four (24) hours of approval, the structure shall be scheduled for the next available hearing before the board charged with declaring public nuisances for presentation of a scope of work with dates certain for completion of rehabilitation.

(c)

The emergency demolition shall be executed not later than ninety-six (96) hours after the last required written concurrence is made.

(d)

After execution of the emergency demolition, the officials responsible shall:

(1)

File copies of the affidavits among the official records of the dangerous premises unit property case file;

(2)

Provide notice to the owner and lienholders/mortgagees of record and OHP; and

(3)

Advise the board at its next regularly scheduled hearing.

(e)

The historical designation, location or significance of a building or structure shall not prohibit, prevent, or stay an emergency demolition of a dangerous building or structure determined to be a clear and imminent danger to the life, safety or property of any person. Demolition shall be the remedy of last resort and if the structure can be vacated and secured and feasibly repaired or the condition remedied so that the structure shall no longer be an imminent danger it shall first be ordered.

(f)

The city, as a home-rule city, adopts the foregoing emergency abatement action pursuant to V.T.C.A., Local Government Code ch. 214.002, and the powers of self-rule granted by the voters under the City Charter as authorized by the Constitution of the state.

(Ord. No. 2008-10-02-0869, § 1, 10-2-08; Ord. No. 2011-05-05-0354, § 5, 5-5-11; Ord. No. 2011-09-29-0788, § 1, 9-29-11)

Secs. 6-176, 6-177. - Reserved.

Editor's note—

Ord. No. 2011-05-05-0354, § 3, adopted May 5, 2011 and effective January 1, 2012, repealed the former section 6-176 in its entirety, which pertained to severance and derived from Ord. No. 85915, § 2, adopted April 17, 1997.