§ 6-147. Authority and findings of hearing officer; order.

(a)

After completion of the presentation of testimony by the building official and all parties appearing, the hearing officer(s) must make written findings of fact as to whether or not the building is a substandard building as defined under section 6-143 of this article.

(b)

If the hearing officer(s) find that the building is substandard building and/or constitutes a hazard to the health, safety or welfare of the citizens, he or she must issue a written order directing the owner, occupant and all other persons having an interest in the building as shown by the real property records of the county in which the property is located, as well as the city tax and water meter records, that:

(1)

The building be vacated if it is occupied and the hearing official finds that the building is in a condition that makes it hazardous to the health, safety and welfare of its occupants or of the public;

(2)

The building be lawfully repaired or renovated, but only if it can reasonably be brought into compliance by one (1) or more of these actions and no longer be in a condition that is in violation of this article;

(3)

The building be demolished if it cannot reasonably be repaired or renovated so that its existence will no longer be in violation of the terms of this article; and/or

(4)

If the building is unoccupied and the condition of the building is such that it may be brought into compliance by securing it from unauthorized entry, then the order may provide that the building be lawfully secured and be kept secured as provided in section 6-152(d) and may include or adopt written specifications that must be complied with in securing the building and may provide that the building be demolished if it is not secured in compliance therewith.

(5)

That any utility service to the building be terminated if the building or structure is unoccupied and is a substandard building as defined herein.

(c)

In addition to written findings of fact as required herein, the hearing officer(s) must keep a record of its proceedings and official actions.

(d)

Where authorized by V.T.C.A. Local Government Code § 214.0015, the hearing officer(s) may determine and assess a civil penalty that the city may recover pursuant to said statute. If the owner shows that the property is the owner's lawful homestead, the penalty shall not exceed ten dollars ($10.00) per day for each violation. A certified copy of a homestead designation from the county appraisal district shall constitute prima facie evidence of the homestead status, and a certified letter sent to the property owner shall constitute prima facie evidence of the homestead status, and a certified letter sent to the property owner shall constitute prima facie evidence that the owner was notified of the requirements of this article and the owner's need to comply.

(Ord. No. 17-121 , 11-14-17)