§ 155.09. PROCEDURES BEFORE THE CIVIL MUNICIPAL COURT.

(A)

The Municipal Court shall have the power and authority to:

(1)

Uphold the determination and order of the enforcement authority and order compliance thereunder.

(2)

Allow a reasonable time for the owner to comply with the determination or order of the enforcement authority and the requirements of this chapter.

(3)

Accept an alternate method for compliance with the provisions of this chapter or order of the enforcement authority when it can be demonstrated that such alternate method meets the intent of this chapter.

(4)

When it is determined that due to the peculiarities of the property a literal enforcement of this chapter would result in an unnecessary hardship, the Court may allow the minimal variations necessary to relieve the hardship when such minimal variations will not result in danger to persons or property or will not result in a lack of maintenance so as to affect the appearance and/or values to the neighborhood.

(5)

Assess an appropriate civil penalty of a fine not to exceed $2,000.

(B)

The city shall conduct such a hearing in its municipal court within 30 days after the date the request for hearing is filed.

(C)

The court shall specify a reasonable time for the owner to repair, remove or renovate the building. The order issued by the court shall further specify such additional reasonable time for the ordered action to be taken by any mortgagee or lienholder in the event that the allotted time expires without the owner having undertaken the remediation. If all such allotted time expires without the owner, any mortgagee, or any lienholder having undertaken the remediation, then the city may secure the building or premises and/or may repair the building at the expense of the city and assess the expenses on the land on which the building stands or to which it is attached, and may provide for that assessment, the mode and manner of giving notice, and the means of recovering the expenses incurred by the city.

(D)

The city may repair a building or structure to the extent necessary to bring it into compliance with the minimum standards and only if the building is a residential structure with 10 or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds minimum housing standards.

(E)

The city shall impose a lien against the land on which the building stands or stood, unless it is a homestead as protected by the Texas Constitution, to secure the payment of the expenses incurred by the city to secure the building or premises and/or during repair or removal or remediation process or the civil penalty. Promptly after the imposition of the lien, the city must file for record, in recordable form in the office of the County Clerk of Bexar County, a written notice of the imposition of the lien. The notice must contain the legal description of the land.

(F)

Except as provided in Tex. Local Government Code § 214.001, the city's lien under division (E) of this section is inferior to any previously recorded bona fide mortgage lien attached to the real property to which the city's lien attaches if the mortgage lien was filed for record in the office of the County Clerk of Bexar County, before the date the lien was assessed for the repairs. Otherwise, the city's lien is a privileged lien subordinate only to tax liens.

(G)

Any civil penalty or other assessment imposed under this chapter accrues interest at the rate of 10% a year from the date of the assessment until paid in full.

(H)

The city's assessment lien may not be transferred to third parties.

(I)

In any judicial proceeding regarding the enforcement of the city's rights under this chapter, the prevailing party is entitled to recover reasonable attorney's fees from the non-prevailing party.

(J)

A lien acquired under this section by the city for expenses may not be foreclosed if the property on which the repairs were made is occupied as a residential homestead by a person 65 years of age or older.

(K)

After the municipal court hearing, the city shall promptly: (1) mail by certified mail with return receipt requested, delivered by the United States Postal Service using signature confirmation service; or (2) personally deliver a copy of the order to the owner of the premises and to any lienholder or mortgagee of the premises.

(L)

Within 10 days after the date that the order of the Municipal Court is issued, the city shall publish in a newspaper of general circulation in the city a notice containing the street address or legal description of the premises, the date of the hearing, a brief statement indicating the results of the order, and instructions stating where a complete copy of the order may be obtained.

(M)

All orders of the municipal court shall be consistent with the terms Tex. Local Government Code § 214.001, as it may be amended.

(Ord. 2011-706, passed 7-14-11)