§ 4-30. Building and standards commission.

(a)

Implementation of state statute. The City Council of the City of Terrell, Texas, by this section, hereby implements V.T.C.A., Local Government Code ch. 54, and any amendments thereto, by appointing a building and standards commission to hear and determine cases involving the alleged violation of city ordinances.

(b)

Creation of building and standards commission.

(1)

City of Terrell Building and Standards Commission. A City of Terrell Building and Standards Commission is hereby established in accordance with the provisions of V.T.C.A., Local Government Code ch. 54, and any amendments thereto. The commission is established to hear and determine cases concerning alleged violations of the ordinances of the City of Terrell relating to:

a.

The preservation of public safety, relating to the materials or methods used to construct a building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits;

b.

The fire safety of building or improvement, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design, or width of entrances or exits;

c.

Relating to dangerously damaged or deteriorated buildings or improvements; or

d.

Relating to conditions caused by accumulation of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents.

(2)

Appointment. The commission shall consist of seven members appointed by the City Council of the City of Terrell. The city council may remove a commission member for cause on a written charge. Before a decision regarding removal is made, the city council must hold a public hearing on the matter if requested by the commission member subject to the removal action.

(3)

Terms of members. Appointments shall be for a term of two years. No person shall serve more than three consecutive terms.

(4)

Vacancy. A vacancy shall be filled for the unexpired term.

(5)

Meetings. The commission shall hold its meetings on the call of the chairman and at other times as determined by the commission. All meetings shall be open to the public.

(6)

Quorum. All cases to be heard by the commission must be heard by at least four members.

(7)

Chairman and vice chairman. A chairman and a vice chairman shall be selected by the members of the commission. After the initial selection of chairman and vice chairman, such selection shall be conducted following the annual appointment of new members.

(8)

Authority of chairman. The chairman, or in the chairman's absence the acting chairman, may administer oaths and compel the attendance of witnesses.

(9)

Secretary. The city manager or his designee shall furnish a person who shall serve as the secretary of the building and standards commission, but such appointee shall not be a member thereof. The secretary shall keep a record of the cases, activities, and actions of the commission and its determinations, give notice of the date and time of hearings, and perform such other duties as are consistent with or may be necessary for the enforcement of this article, as required by the commission.

(10)

a.

Vote. The concurring vote of three members of the commission shall be necessary for the adoption of any motion, the issuance of any order or the determination of the amount and duration of any civil penalty.

b.

Abstention. Should any member of the building and standards commission choose to abstain from voting on any question before the building and standards commission, where no declared conflict of interest exists, the abstention shall be recorded as an affirmative vote in favor of the motion pending before the building and standards commission in the official minutes of the City of Terrell.

(11)

Rules and regulations. The commission shall adopt rules in accordance with this article and pursuant to V.T.C.A., Local Government Code § 54.034. The rules shall establish procedures for use in hearings, providing ample opportunity for presentation of evidence and testimony by respondents or persons opposing charges brought by the municipality or its building officials relating to alleged violations of ordinances.

(c)

Jurisdiction and authority.

(1)

Jurisdiction. The building and standards commission shall have the quasi-judicial authority authorized by said Local Government Code to enforce the health and safety ordinances of the City of Terrell, Texas.

(2)

Authority and functions. The building and standards commission may:

a.

Order the repair, within a fixed period, of buildings found to be in violation of a city ordinance;

b.

Declare a building substandard in accordance with the powers granted by V.T.C.A., Local Government Code ch. 54, and any amendments thereto;

c.

Order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure the removal if it is determined that conditions exist on the property that constitute a violation of a city ordinance, and order action to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist;

d.

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

e.

Determine the amount and duration of the civil penalty the city may recover against the owner or owner's representative with control over the premises on proof that such party was actually notified of the provisions of the ordinance, and after receiving notice of the ordinance provisions, said party committed acts in violation of the ordinance or failed to take action necessary for compliance with the ordinance, such civil penalty not to exceed $1,000.00 a day for violation of such ordinance, all as provided by V.T.C.A., Local Government Code ch. 54, and any amendments thereto.

(3)

If the building and standards commission declares a building substandard or requires repairs to be made to the building, the repair work or demolition, including removal of all demolition debris from the property shall be completed not more than 90 days from the date of the order. The building and standards commission may extend the required completion date of the repair or demolition beyond 90 days from the date of the order under the following conditions:

a.

The owner, lienholder or mortagee submits a detailed plan and time schedule for the work; and

b.

The owner, lienholder or mortagee establishes that the work cannot be reasonably completed within 90 days.

c.

The owner, lienholder or mortagee must submit monthly reports demonstrating compliance with the time schedule approved. Failure to submit monthly reports or comply with the approved schedule will cause the time limitation for completion to revert to 90 days from the date of the order.

d.

Approval of the time limitation for completions of work beyond 90 days will require concurrent approval of the city council.

(d)

Presentation of cases. The chief building official of the city shall present all cases before the commission.

(e)

Notice. Notice of all proceedings before the commission must be given by:

(1)

Certified mail, return receipt requested, to the record owner of the affected property, and each holder of a recorded lien against the affected property, as shown by the records of the office of the county clerk of Kaufman County if the address of the lienholder can be ascertained from the deed of trust establishing the lien or other applicable instruments on file in the office of the county clerk;

(2)

and 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.

(3)

The notice shall be posted and mailed on or before the tenth day before the date of the hearing before the commission and must state the date, time, and place of the hearing. In addition, the notice must be published in newspaper of general circulation in the City of Terrell on one occasion before the tenth day before the date fixed for the hearing.

(4)

When a notice is mailed via certified mail, return receipt requested, to a property owner or lienholder and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered.

(f)

Determination of identity and address of property owners and lienholders. To determine the identity and address of a property owner or lienholder, the city shall search the following records:

(1)

County real property records of Kaufman County;

(2)

Appraisal district records of Kaufman County;

(3)

Records of the secretary of state, if the property owner or lienholder is a corporation, partnership, or other business association;

(4)

Assumed name records of Kaufman County;

(5)

Tax records of the City of Terrell; and

(6)

Utility records of the City of Terrell.

(g)

The hearing. The commission shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. The commission shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the office of the commission as public records.

(h)

Recording of civil penalty. A determination by the commission which involves the establishment of an amount and duration of a civil penalty shall be final and binding and constitute prima facie evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the city for final judgment in accordance with the established penalty.

(i)

Duty of city secretary. The city secretary shall file with the district clerk of Kaufman County, a certified copy of the order of the commission establishing the amount and duration of any civil penalty. Thereafter, pursuant to V.T.C.A., Local Government Code ch. 54, and any amendments thereto, no other proof shall be required for a district court to enter final judgment on the penalty.

(j)

Judicial review. Any owner, lienholder, or mortgagee of record jointly or severally aggrieved by any decision of the commission may present a petition to a district court, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the legality. The petition must be presented to the court within 30 calendar days after the date a copy of the final decision of the commission is mailed by first class mail, certified, return receipt requested, to all persons to whom notice is required to be sent. The commission shall mail such copy promptly after the decision becomes final. In addition, an abbreviated copy shall be published one time in a newspaper of general circulation in the city within ten calendar days after the date of the delivery or mailing of the copy as herein provided, including the street address or legal description of the property; the date of the hearing, a brief statement indicating the results of the order, and instruction stating where a complete copy of the order may be obtained, and a copy shall be filed in the office of the city secretary. On presentation of the petition, the court may allow a writ of certiorari pursuant to V.T.C.A., Local Government Code ch. 54, and any amendments thereto. If no appeals are taken from the decision of the commission within the required period, the decision of the commission shall, in all things, be final and binding.

(k)

Municipal court proceedings not affected. Action taken by the city under this article shall not affect the ability of the city to proceed under the jurisdiction of the city's municipal court.

(l)

Penalties and violations. It shall be unlawful for any person, corporation or other entity to rent, offer for rent, or permit occupancy by human beings of any building having been declared substandard under this section, and anyone found guilty of such an offense shall be punished by a fine, and each and every day's violation shall constitute a separate and distinct offense.

(Ord. No. 2344, § I, 10-16-07; Ord. No. 2358, § I, 1-22-08)