Sec. 6-177.1. - Statutory authority.

The building standards board (BSB) derives its authority to hear and decide San Antonio Property Maintenance Code cases from V.T.C.A., Local Government Code ch. 54, subch. C (Quasi-judicial enforcement of health and safety ordinances).

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

Sec. 6-177.2. - San Antonio Property Maintenance Code cases.

(a)

The building standards board (BSB) is hereby authorized to hear and decide cases relating to alleged violations of the San Antonio Property Maintenance Code (SAPMC).

(b)

Any panel of the BSB may hear and decide a SAPMC case.

(c)

A majority of the members of the panel must hear a case.

(d)

The BSB shall have no authority to waive SAPMC requirements.

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

Sec. 6-177.3. - Advisory authority.

(a)

The full membership of the BSB may meet to review and consider amendments to the San Antonio Property Maintenance Code and shall make recommendations to the code official for adoption thereof.

(b)

A panel of the BSB does not have advisory authority.

(c)

The BSB has no other advisory authority.

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

Sec. 6-178. - Initiation of cases under the SAPMC.

(a)

Either the code official, a property owner, registered agent, lienholder, or a person in receipt of a notice of violation of the San Antonio Property Maintenance Code may initiate a case to be brought before the BSB.

(b)

Whenever the code official has inspected or caused to be inspected any building, structure, or property and has found that the building, structure, or property is in violation of the San Antonio Property Maintenance Code the code official may initiate a case to be brought before the BSB if a property owner, registered agent, lienholder, or a person in receipt of a notice of violation fails to comply with the terms of the notice within ten (10) business days after service of notice as provided by the SAPMC.

(c)

A property owner, registered agent, lienholder, or a person in receipt of a notice of violation of the San Antonio Property Maintenance Code shall have a right to appeal a notice of violation based on the claim that:

(1)

The true intent of this code or the rules adopted thereunder have been incorrectly interpreted; and/or

(2)

There is a special individual reason that makes the strict letter of this code impractical and the alternative proposal is in compliance with the intent and purpose of the SAPMC and that the alternative proposal does not lessen health, life and fire safety requirements or that the provisions of this code do not fully apply.

(d)

The appeal must be filed not later than ten (10) business days after the service of notice as provided by the SAPMC. A request for additional time to comply with the notice due to financial inability or other extenuating circumstance is not a proper basis for appeal, but can be presented to the BSB upon hearing. An appeal must contain a brief statement identifying the notice or action being appealed, describing the relief being sought, and concluding with a statement as to whether the order should be reversed, modified or otherwise set aside. Filing a timely appeal stays further city action under the notice being appealed unless, in the opinion of the code official, a delay would present an immediate danger or unreasonable risk to any person or property.

(e)

This division does not affect the ability of the city to proceed under the jurisdiction of the municipal court or to seek other available civil remedies.

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

Sec. 6-179. - Notice procedures.

(a)

Notice of a San Antonio Property Maintenance Code (SAPMC) case hearing must be given in accordance with V.T.C.A., Local Government Code § 54.035.

(b)

Notice of a SAPMC case hearing before the BSB must be given:

(1)

To the person who files a timely written appeal of a notice of violation of the SAPMC;

(2)

By personal delivery, by certified mail with return receipt requested, or by delivery by the United States Postal Service using signature confirmation service, to the record owners of the affected property, and each holder of a recorded lien against the affected property, as shown by the records in the office of the county clerk of the county in which the affected property is located if the address of the lien holder can be ascertained from the deed of trust establishing the lien or other applicable instruments on file in the office of the county clerk; and

(3)

To all unknown owners, by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable.

(c)

The notice of the hearing must be posted and either personally delivered or mailed on or before the tenth (10th) day before the date of the hearing before the BSB panel and must state the date, time, and place of the hearing. In addition, the notice must be published in a news paper of general circulation in the municipality on one occasion on or before the tenth (10th) day before the date fixed for the hearing.

(d)

The BSB may file a notice of a hearing before the BSB panel in the Bexar County official public records of real property.

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

Sec. 6-180. - Reserved.

Sec. 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)

Sec. 6-180.2. - Judicial review of SAPMC cases.

(a)

Any owner, lienholder, or mortgagee of record jointly or severally aggrieved by the decision of the BSB hearing may appeal to District Court in the manner provided in V.T.C.A., Local Government Code § 54.039.

(b)

If no appeals are taken from the decision of the BSB panel within the required period, the decision of the BSB is, in all things, final and binding.

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

Sec. 6-180.3. - Failure to comply with a BSB order; penalties.

(a)

Criminal offense and penalty. A person commits an offense if the person fails to comply with a final order issued by the BSB relating to a violation of the SAPMC. Each day that a person fails to comply with a final order is a separate occurrence. The maximum penalty shall be five hundred dollars ($500.00) per offense, per occurrence. Proof of a culpable mental state is not required for conviction of an offense under this chapter.

(b)

Civil offense and penalty. A person must comply with a final order issued by the BSB relating to a violation of the SAPMC. A person who fails to comply with a final order commits a civil offense punishable by a maximum fine of one thousand dollars ($1,000.00) a day for each day of noncompliance with the order as provided by V.T.C.A., Local Government Code ch. 54. Criminal conviction under subsection (a) does not preclude assessment or enforcement of applicable civil penalty for violation of a BSB order.

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