Ord 1994-080 - Laserfiche WebLink

Home Browse Search

)L!~ -2- (2) Regardless of its structural condition, if the building is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; or -- (3) If the building is boarded up, fenced, or otherwise secured in any manner but: (A) the building constitutes a danger to the public even though secured from entry; or, (B) the means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Subsection (2) above. SECTION 2. That Sec. 5-104(c) of the San Marcos Code of Ordinances is amended by adding a subdivision (5) to read as follows: (5) A statement that the owner, lienholder or mortgagee will be required to submit at the hearing, proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work. SECTION 3. That Sec. 5-104 of the San Marcos Code of Ordinances be amended by adding a subsection (d) to read as follows: (d) The city may file notice of the hearing in the official public records of real property in the county in which the property is located. The filing of the notice is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after the filing of the notice and constitutes notice of the hearing. The notice must contain the following: (1) name and address of the owner of the 'affected property if that information can be determined from a reasonable search of the instruments on file in the office of the county clerk; (2) a legal description of the affected property; and (3) a description of the hearing. SECTION 4. That Sec. 5-105 of the San Marcos Code of Ordinances is amended to read as follows: Sec. 5-105. Same- Orders. (a) Public hearings shall be held before a judge of the municipal court. (b) The issues at a hearing will be limited to those described in section 5-104 (c) (3) above. 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 shall be determined by a preponderance of the evidence.