§ 5-78. Order to abate.

(a)

If the board finds at the public hearing that the building is in violation of the minimum standards, the board may issue one of the following orders or any combination thereof:

(1)

An order to secure or vacate the building and relocate occupants; or

(2)

If the board determines that the order provided for in subsection (1) above is not sufficient to protect the public health, safety or welfare, it may issue an order to repair, demolish or remove the building within a reasonable time.

(b)

The city shall promptly mail by certified mail, return receipt requested, a copy of any order issued pursuant to subsection (a) of this section, to the owner of record of the building and to any lien holder or mortgagee along with a notice containing an identification of the building and the property on which it is located; a description of the violation(s) of the minimum standards; a statement that the municipality will secure, vacate, repair, remove or demolish the building if the ordered action is not taken by the owner within a reasonable time.

(c)

The order shall allow the owner 30 days to complete the ordered action, unless the board determined from the evidence presented at the public hearing that additional time is required. If the board allows more than 30 days to repair, remove or demolish the building, it shall establish specific time schedules for the commencement and performance of the work.

(d)

The order shall also state that any lien holders or mortgagees of the building and/or the underlying property shall have an additional 30 days to complete the ordered action if the owner fails to comply within the time allotted in subsection (c) above.

(e)

The board may not allow the owner, lien holder, or mortgagee more than 90 days to repair, remove, or demolish the building or fully perform all work required to comply with the order unless the owner, lien holder, or mortgagee meets the requirements of V.T.C.A., Local Government Code § 214.001(j) and (k).

(Ord. 690, 9-22-04)