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o~ c.> o u J~ """4' (\.1 u".,.... 'm;( ~ ~ '\," < ::;.-<Is. 0::8 ;5(ij i..u;;;\E ci: <:..) w ('.I)~ o 143. ORDINANCE 2000 - 34 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 14, BUILDING AND BUILDING REGULATIONS, OF THE SAN MARCOS CITY CODE, PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR PUBLICA TION AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That Chapter 14, Article 10, Section 14.244, of the San Marcos City Code, is amended to read as follows (underlining indicates added language; a11 0 v eI stI ike indicates deleted language): Sec. 14.244. Failure to comply with order;-tien -- Public hearing. (a) If any part of an order issued under section 14.243 is not complied with by the owner or by any mortgagee or lienholder. the building official shall schedule a public hearing before the municipal court iudge on the issue of failure to comply with the order. (b) The building official must give notice of the public hearing in accordance with section 14.242(b) and (d). The notice shall contain the following: ill The street address of the building: ill The date and content of the court order: ill A statement that the issue at the hearing shall be limited to whether the owner of the building complied with the court order: and ill A statement that if the court finds that the building owner has not fully complied with the court order. the court shall order the building official to vacate. secure. repair or demolish the building and assess a lien for expenses incurred. ( c) Each public hearing under this article shall be held before a municipal court judge. (d) The issue at the hearing shall be limited to the issue described in subsection 14.244(b )(3). The building officiaL the owner and any mortgagee or lienholder of the building and other interested persons may address this issue at the hearing. (e) Disputed fact issues shan be determined by a preponderance of the evidence. (a-f) If any part oran OIdel issued under sectio.. 14.243 is not cOIt1.plied with by the court finds that the building owner 01 by any nloltgagee 01 lienholder, has not complied with the previous court order. the court will order that the building official may take. or cause the oIdered Iemedial action to be taken. the previously ordered remedial action. (b~) Any repairs caused by the building official shan be limited to the removal or correction of hazardous conditions and the securing of the building against unauthorized entry . (el!) The building official shall certifY the amount of the city's expenses for remedial action to the finance director for billing to the owner. (d]) 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.