Ord 2023-009/Amending Ch 14 Bld and Bldg regulations and chapter 38 Fire Prevention and Protection of City of SM Code of Ordinance to adopt the 2021 International code ICC Family codes and the 2020 National Electric code with amendments

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(3) A statement that the issue at the hearing will be limited to whether the owner of the building complied with the court order; (4) A statement that if the court finds that the building owner did not comply with the court order, the court will order the Building Official to vacate, secure, repair or demolish the building and may assess a lien for expenses incurred. ( Ord. No. 2015-21, § 1, 7-7-15 ) Sec. 14.245. Same—Orders. (a) Public hearings under this article will be held before a municipal court judge. (b) The issues at the hearing will be limited to those described in subsection 14.244(c)(3). The Building Official, the owner and any mortgagee or lienholder of the building and other interested persons may address these issues at the hearing. (c) Disputed fact issues will be determined by a preponderance of the evidence. (d) If the court finds that the building owner did not comply with the previous court order, the court will order that the Building Official will take, or cause to be taken, the previously ordered remedial action. (e) Any repairs caused by the Building Official will be limited to the removal or correction of hazardous conditions and the securing of the building against unauthorized entry. (f) The Building Official will certify the amount of the City's expenses for remedial action to the finance director for billing to the owner. (g) The finance director may assess the expenses as a lien against the property on which the building is or was located, on a form approved by the city attorney. The lien is a privileged lien, subordinate only to tax liens. ( Ord. No. 2015-21, § 1, 7-7-15 ) Sec. 14.246. Guidelines for remedial action. (a) The criteria within this section are guidelines for the municipal court judge to use in determining the remedial action to be ordered for an unsafe building. (b) If the condition of a building poses a manifest hazard to the occupants of the building, it shall be vacated. (c) If the cost of repairing an unsafe building to meet all applicable standards equals or exceeds the value of the building, the building shall be demolished. (d) If the cost of repairing an unsafe building to meet all applicable standards is less than the value of the building, the building shall be repaired or demolished. (e) If an unsafe building is to be repaired and is vacant, it shall be secured against unauthorized entry. ( Ord. No. 2015-21, § 1, 7-7-15 ) Sec. 14.247. Certification of authorized receivers. Pursuant to Section 214.0031 of the Texas Local Government Code, the following entities have been certified to act as receivers of real property authorized by state law and city ordinance: (1) San Marcos Housing Authority. (Supp. No. 35, Update 4) Page 35 of 44 Created: 2022-12-02 10:13:42 [EST]