§ 6-194. Violations.

(a)

It shall be unlawful for an owner of any premises to be in violation of any provisions of this Code.

(b)

It shall be unlawful for an owner or occupant of a single-family or multi-family dwelling to occupy, or allow occupation of any structure or building that has been placarded as substandard by the city.

(c)

Unless otherwise specified in this article, no culpable mental state is required for the commission of an offense under this Code.

(d)

It is a violation for any person to deface or remove a condemnation placard without the approval of the code official.

(e)

The DCO shall serve a notice of violation or order in accordance of this Code.

(f)

Notice shall be in accordance with all of the following:

(1)

Be in writing.

(2)

Include a legal description of the real estate sufficient for identification.

(3)

Include a statement of the violation or violations and why the notice is being issued.

(4)

Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit, structure, or property into compliance with the provisions of this Code.

(5)

Include a statement of the right to file a lien in accordance with this Code.

(g)

If the notice of violation is not complied with, the DCO shall institute the appropriate proceeding at law or inequity to restrain, correct or abate such violations, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this Code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

(h)

In addition to imposing a criminal penalty, the city shall have the power to enforce any provision of this Code and any applicable provisions of the Code of Ordinances under the provisions of V.T.C.A. Local Government Code, Ch. 54, Subchs. B and C. No enforcement remedy shall be exclusive of any the city may have under state law or city ordinances.

(i)

Any person, who shall violate a provision of this Code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state and local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(j)

The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.

(k)

It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.

(Ord. No. 10-111, 7-27-10)