§ 32.18. HEARINGS; FINDING OF FACT.

(A)

At the hearing of the Building and Standards Commission, the Building Standards Inspector shall present all available information and facts as to the condition of the premises. Any person having an interest in the property shall have the opportunity to appear at such hearing, in person or by attorney, to present any relevant facts as to the condition of the premises and hear the reports of any city personnel or any other persons which may be presented. At the conclusion of such hearing, the Building and Standards Commission shall make written findings of fact as to whether or not the premises in question constitutes a dangerous or unhealthy condition. Such written findings of fact shall be made and concurred in by a majority vote of such Commission.

(B)

The Commission may, in accordance with its findings:

(1)

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

(2)

Declare a building substandard in accordance with the powers granted by Tex. Loc. Gov't Code, §§ 54.031 et seq.

(3)

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 an ordinance, and order action to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist;

(4)

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;

(5)

Determine the amount and duration of the civil penalty the city may recover as provided by Tex. Loc. Gov't Code, § 54.017. A determination of civil penalty made hereunder shall be final and binding and constitutes 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. To enforce any civil penalty hereunder, the City Secretary shall file with the District Clerk of the county a certified copy of any order of the Commission establishing the amount and duration of the penalty. No other proof is required for the district court to enter final judgment on the penalty.

('90 Code, § 2-49) (Ord. 90-459, passed 2-15-90)