§ 10-41. Jurisdiction and authority.

(a)

Quasi-judicial. The building and standards commission shall have the quasi-judicial authority to enforce the Property Maintenance Code, article XII of this chapter as authorized by V.T.C.A., Local Government Code § 54.031 et seq.

(b)

Authority. The commission shall have, by majority vote, jurisdiction to:

(1)

Uphold the determination and order of the enforcement authority.

(2)

Allow a reasonable time in which to comply with the determination or order of the enforcement authority and the requirements of the Property Maintenance Code, article XII of this chapter.

(3)

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

(4)

When it is determined that, due to peculiarities of the property, a literal enforcement of the Property Maintenance Code, article XII of this chapter would result in an unnecessary hardship, the building and standards commission 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 effect the appearance and/or values of the neighborhood.

(5)

The authority and functions of the commission, as enumerated in subsections (b)(1) through (4) of this section, are a nonexhaustive listing of the powers of the commission. The commission may acquire and exercise such other power and authority as granted by the city council. With respect to subsections (b)(6) through (9) of this section, the commission determination or order shall serve only as a recommendation to the city council if such determination or order of recommendation is appealed by the owner. The owner shall have ten days to appeal the commission's order in writing to the city council. Notice of the hearing before the council shall be given in accordance with V.T.C.A., Local Government Code §§ 54.031 through 54.044, subch. C. The decision of the council shall be final. In the absence of an appeal of a determination or order of recommendation made by the commission, the action of the commission shall stand.

(6)

Declare a building dangerous in accordance with the powers granted by V.T.C.A., Local Government Code § 54.031 et seq., and in accordance with V.T.C.A., Local Government Code § 214.001 et seq., regarding dangerous structures.

(7)

Order, in the 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.

(8)

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.

(9)

Determine the amount and duration of the civil penalty the city may recover against the owner or owner's representatives with control over the premises, in a suit for such purposes, on proof that such party was notified of the provisions of the ordinance, as defined in the Property Maintenance Code, article XII of this chapter, 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 § 54.017.

(Ord. No. 04-05, § 1(6-157), 1-20-2004)