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ORD 1482 01/28/2025 Repealing and Replacing Chapter 1, art. IV'Otyo]Gioke" ORDINANCE NO: 1482 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, REPEALING AND REPLACING CHAPTER 14, ARTICLE IV OF THE CIBOLO CODE OF ORDINANCES TO PROVIDE FOR MUNICIPAL COURT AUTHORITY OVER SUBSTANDARD BUILDING REGULATIONS; PROVIDING FOR SEVERABILITY, REPEAL, SAVINGS, PUBLICATION, AND CODIFICATION; DECLARING ADOPTION IN COMPLIANCE WITH THE CURRENT TEXAS LAW IN COMPLIANCE OF THE OPEN MEETINGS ACT; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, the City Council finds the City of Cibolo, Texas (the "City") is a home -rule municipality; and WHEREAS, the City Council finds that Chapter 14, Article IV, of City Code of Ordinances provides for remedies which the city has, including civil action pursuant to Texas Local Government Code chapters 214 and 54 with respect to violations of the substandard structures regulations; and WHEREAS, the City Council finds it is in the best interest of the City to clarify the process taken for substandard structures, including, non judicial efforts to remedy substandard structures; WHEREAS, the City Council finds that the substandard building regulations are in furtherance of the public purpose to prevent any building or structure that is dilapidated, substandard, or unfit for human habitation from posing a hazard to public health, safety, and welfare; and WHEREAS, the City Council finds that it is in the best interest of the citizens of the City of Cibolo to clarify which body will hear judicial enforcement matters regarding substandard buildings; and WHEREAS, the City Council finds that pursuant to Texas Government Code Section 30.00005(d), a municipal court may be authorized to hear cases arising under Chapters 214 and 54 of the Texas Local Government Code; and (Supp. No. 21) Page 1 of 14 Created: 2912-12-14 15:59:35 (EST] WHEREAS, the City Council finds that the municipal court is well equipped to manage judicial enforcement of substandard buildings. In the alternative, City Council is authorized to hear judicial enforcement matters regarding substandard buildings. It is at the City Council's discretion to hear any judicial enforcement matter regarding substandard buildings; and WHEREAS, upon approval, City Council directs the City Manager and City Secretary to take such actions as are necessary and appropriate to effectuate this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1. Incorporating Recitals. The City Council approves the recitals hereto and incorporates them herein as findings of fact as if recited verbatim. SECTION 2. Repeal and Replace. Chapter 14, Article IV of the Code of Ordinances of the City of Cibolo, Texas is hereby repealed and replaced in its entirety with the language attached hereto as Exhibit A. SECTION 3. Public Purpose. The City Council finds that the action taken, evidenced by this ordinance,• complies with all applicable rules and regulations set forth in the Code of Ordinances of the City of Cibolo and all other applicable law and effectuates a public purpose of the City of Cibolo. SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or illegal by final judgment of a court of competent authority, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and ordained all the remaining portions of this Ordinance without the inclusion of such portion or portions found to be unconstitutional or invalid. SECTION S. Conflict. All resolutions, ordinances, or parts thereof conflicting or inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such conflict. In the event of a conflict or inconsistency between this Ordinance and any other resolution, code or ordinance of the City, or parts thereof, the terms and provisions of this Ordinance shall govern. SECTION 6. Savings. All rights and remedies of the City are expressly saved as to any and all violations of the provisions of any ordinances which have accrued at the time of the effective date of this Ordinance; and such accrued violations and litigation, both civil and criminal, whether pending in court or not, under such ordinances, shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. (Supp. No. 21) Page 2 of 14 Created; 2022-12-14 15:59:35 [EST] SECTION 7. Publication and Codification. The City shall publish this Ordinance in the newspaper designated as the official newspaper of the City twice as required by Section 3.13(3) of the City Charter. This Ordinance will be codified in the Cibolo Code in the next appropriate update. SECTION 8. Open Meeting Compliance. The City Council finds that the meeting at which this Ordinance passed was conducted in compliance with the Texas Open Meetings Act. SECTION 9. Penalty. It shall be unlawful for any person to violate any provision of this Ordinance. Any person who violates, or any person who causes or allows another person to violate, any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine in accordance with the general penalty provision found in Section 1-13. Each occurrence of any violation of this Ordinance shall constitute a separate offense. Each day in which any violation of this Ordinance occurs shall constitute a separate offense. SECTION 10. Effective Date. This Ordinance will become effective within the corporate city limits of the City of Cibolo upon the required newspaper publication. ORDERED on this 28 day of January 2025. ATTEST: By: I --e-99'J /--f, L'- Peggy Cimics, TRMC City Secretary R ndy R)bqKs Mayor Pro -Tem APPROVED AS TO FORM: Hyde Ke ey LLP City Attorney Created: 2023-12-14 15:59:35 [EST] (Supp. No. 21) Page 3 of 14 ATTACHMENT A CHAPTER 14 BUILDINGS AND BUILDING REGULATIONS ARTICLE IV SUBSTANDARD STRUCTURES Sec. 14-126. Definitions. The following definitions shall be applicable in this article IV. Building shall mean any structure used, or intended for, supporting or sheltering any use or occupancy and shall include: (i) any structure classified as a "building" pursuant to section 202 of the International Building Code, adopted by section 14-2 of this Code, and (ii) a dwelling. Building codes shall mean the technical building codes adopted pursuant to section 14-2 of this Code. "Applicable building codes" shall mean any and all building codes which are applicable to the particular condition or component of a structure or building which is being addressed. Chief Building Official shall mean the Chief Building Official of the City of Cibolo or their designee. Dwelling shall mean a building designed or intended for human habitation and shall include those structures that are classified as a "dwelling" under section 202 of the International Building Code adopted by section 14-2 of this Code and all structures described in, and referred to, in section 310.1 of the International Building Code adopted by section 14-2 of this Code. Owner means the person or firm that owns a building or structure and shall include any person that has legal or equitable to the building or structure. Each owner of a building or structure shall be jointly and severally responsible for compliance with all provisions of this article IV. It shall not be a defense to prosecution or any other sanctions or the use of the city's remedies under this article IV if a joint owner is not prosecuted, sanctioned or required to perform remediation or assessed expenses. Structure shall mean any improvement which is built, constructed or located on real property other than a dwelling or building and shall include any fence, shed, or awning. Sec. 14-127. Buildings and structures regulated. The following buildings or structures, regardless of their date of construction, are subject to the regulations in this article IV and may be referred to in this article IV by the titles set forth in subdivisions (1), (2) and (3) below: (1) Substandard building or structure. Any building or structure that is dilapidated, substandard, or unfit for human habitation and a hazard to public health, safety, and welfare. A building or structure is presumed to be a substandard building or structure if it does not meet the following minimum standards: a. A dwelling must have an adequate water closet, lavatory, bathtub or shower, kitchen sink, hot and cold running water to plumbing fixtures, as required by the applicable building codes. b. A dwelling must have adequate heating facilities and ventilating equipment. (Supp. No. 21) Page 4 of 14 Created: 2812-12-14 15:59:35 [EST] c. A dwelling must have lighting that is properly installed and that is operating in accordance with any applicable building codes. d. All electrical wiring in any building or structure must be installed and operating in accordance with all applicable building codes. e. A dwelling must not have dampness in any portion used, or constructed for use, as a human habitation. f. Buildings and structures must be free of hazardous or unsanitary items or conditions including any accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, stagnant water or conditions likely to harbor or promote the breeding or infestation of insects, snakes, vermin or rodents. g. Buildings and structures and components thereof must be maintained in accordance with all applicable building codes, including, without limitation, the following codes adopted by section 14-2 of this Code: the International Building Code, the International Residential Code, the ICC Electrical Code (Administrative Use of the National Electrical Code), the International Fire Code, the International Plumbing Code, the International Mechanical Code, the International Fuel Gas Code and the International Property Maintenance Code. h. Dwellings must be properly connected to the city's sanitary sewer system unless they are connected to an on-site sewer system which has been approved by the city's health department. i. A building or structure with a water closet, lavatory, bathtub, shower, or clothes washer or dish washer must be properly connected to the city's sanitary sewer system unless they are connected to an on-site sewer system which has been approved by the city's health inspector. j. A building must not have garbage, rubbish or other unsightly material in or around its location. k. A building must have a foundation which is adequate to support the building and loads imposed on the foundation in a safe manner. 1. A building must have flooring and floor supports of sufficient size, structure and condition to cavy loads imposed in a safe manner. in. The walls, partitions or other vertical support members of a building or structure must be adequate to carry the imposed loads in a safe manner and support the roof of the building or structure; and must not be split, must not lean, must not list or must not buckle. n. The ceilings, roofs, and ceiling and roof supports of a building or structure must be of sufficient size, structure and condition to carry imposed loads in a safe manner and must not sag, split or buckle. o. Chimneys and ventilation systems for fireplaces and stoves must be of sufficient size, structure and condition to effectively remove smoke and other gases created from combustion in the fireplace or stove in a safe manner and must be sufficiently insulated so that they do not create a risk or hazard of fire to adjacent structures within the building in which they are installed. p. Chimneys and ventilation systems for fireplaces and stoves and fireplaces must have sufficient strength, structure and condition to carry the structural loads imposed on them in a safe manner. q. All plumbing in any building or structure shall be installed and in a condition that complies with the International Plumbing Code adopted pursuant to section 14-2 of this Code. r. All mechanical systems in a building or structure shall be installed in a condition that complies with the International Mechanical Code adopted by section 14-2 of this Code. s. All buildings shall have effective waterproofing on exterior walls, roofs, foundations or floors. The following are examples of ineffective waterproofing: deteriorated, crumbling or loose plaster on exterior walls or foundations, broken or missing exterior windows or doors, lack of paint on exterior walls, broken, rotted, split or buckled exterior wall coverings or roof coverings. t. All buildings and structures shall be free of combustible waste or vegetation or from any substance which could be an accelerant to a fire or likely to cause an explosion unless the substance which could accelerate a fire or cause an explosion is properly stored in accordance with applicable law. u. All buildings must have adequate exists as required by applicable building codes. v. When any portion of a building is used as a living or sleeping quarters or a place where food is cooked for human consumption, such building shall comply with the building codes applicable to dwellings with respect to its plumbing, electrical and heating systems. w. A building that is damaged by fire, windstorm, hail, or acts of vandalism shall be immediately secured to avoid it being an unsecured building or structure or a dangerous building or structure and work to bring the building or structure into compliance with the regulations of this article IV must be commenced within 30 days unless a longer time period is permitted by the chief building official or code enforcement officer. (2) Unsecured building or structure. Any building or structure that, regardless of its structural condition, 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. (3) Dangerous building or structure. Any building or structure that is boarded up, fenced, or otherwise secured in any manner if: a. The building or structure constitutes a danger to the public even though secured from entry; or b. The means used to secure the building or structure are inadequate to prevent- unauthorized reventunauthorized entry or use of the building in the manner described within this Article. Sec. 14-128. Offenses; penalty. (1) Maintaining a nuisance. A substandard building or structure, an unsecured building or structure or a dangerous building or structure, as defined by section 14-127 is hereby declared a nuisance. It shall be unlawful for the owner of a building or a structure to allow it to exist in a condition in which it is a substandard building or structure, an unsecured building or structure or a dangerous building or structure, as defined by section 14-127. (2) Failure to comply with a municipal court order. It shall be unlawful for any person to fail to timely comply with an order of the municipal court entered pursuant to section 14-132, requiring the vacation, relocation of occupants, securing, repair, removal or demolition of a substandard building or structure, an unsecured building or structure or a dangerous building or structure as defined by section 14-127. (3) Penalty. Any person, firm or corporation who shall fail to comply with any of the provisions of this Article commits an offense and shall, upon conviction thereof, be punished by a fine in accordance with the general penalty provision found in section 14-136 of this Code. Sec. 14-129. City authority to require remediation. The city may require the vacation, relocation or occupants, securing, repair, removal or demolition of a substandard building or structure, an unsecured building or structure or a dangerous building or structure as defined by section 14-127 by the procedures specified in this Article. Sec. 14-130. Notice of Violation. The chief building official or the code enforcement officer of the city shall prepare a written Notice of Violation with respect to any building or structure that is a substandard building or structure, an unsecured building or structure or a dangerous building or structure, as defined by section 14-127. The Notice shall be provided to all owners, lienholders, and mortgagees and shall contain the following: (1) Identification of the building or structure (which shall not require a legal description of the property); (2) A description of the manner in which the building or structure is a substandard building or structure, an unsecured building or structure or a dangerous building or structure, as defined by section 14-127; (3) The name, office address, and phone number of the chief building official or code enforcement officer that can be contacted during regular office hours to discuss the complaint; (4) Direction to the owner, lienholder, and mortgagee that they must by either: (i) remedy the violations in the complaint by a date certain or (ii) present the chief building official or code enforcement officer with a detailed plan stating the manner in which each violation will be remedied and the time by which all work necessary to remedy the violations will be completed, which plan shall be presented to the chief building official or code enforcement officer by a date certain specified in the complaint. Plans for repair may not take more than 30 days without written approval from the chief building official. (5) Notice to the owner, lienholder, and mortgagee that if the previous terms are not met, or if work is not completed pursuant to the approved plan, the property will be subject to hearing pursuant to Section 14, Article VI, of the City of Cibolo's code of ordinances as a substandard structure. See. 14-131. Complaint and notice. (1) Complaint. The chief building official or the code enforcement officer of the city shall prepare a written complaint with respect to any building or structure that is a substandard building or structure, an unsecured building or structure or a dangerous building or structure, as defined by section 14-127. The complaint shall contain the following: a. Identification of the building or structure (which shall not require a legal description of the property); b. A description of the manner in which the building or structure is a substandard building or structure, an unsecured building or structure or a dangerous building or structure, as defined by section 14-127; c. The name, office address and phone number of the chief building official or code enforcement officer that can be contacted during regular office hours to discuss the complaint; d. A statement that a hearing will be held on the complaint before the municipal court if the owner fails to comply with subsection (4) preceding by the deadlines stated therein or if the owner or lienholder or mortgagee desires to contest the allegations in the complaint: e. The date, time and place of the hearing before the municipal court; and f. The following statement: The owner, lienholder or mortgagee of this property will be required to submit at the municipal court hearing proof of the scope of any work that may be required to comply with [this article] of Cibolo's code of ordinances and the time it will take to reasonably perform the work. (2) The complaint will be provided to each owner, lienholder, and mortgagee in accordance with Section 14-132 below. (3) The building official may elect to file the complaint in the real property records. Failure to provide the complaint will not invalidate notice to properly noticed parties. Section 14-132 Notices and complaints; delivery (1) Notices and complaints required in this Article shall be mailed to the owner and any lienholder or mortgagee of the building or structure. The following procedures shall govern the mailing of such notice. (2) Determining identity and address of owner, lienholder or mortgagee. The city will search the following records to determine the identity and address of an owner, a lienholder, or a mortgagee: a. The real property records of the County in which the property is located; b. The records of the Central Appraisal District for the County in which the property is located; c. The records of the Secretary of State of the State of Texas; d. The assumed name records of the County in which the property is located; e. The tax records of Cibolo, Texas; and f. The utility records of Cibolo, Texas. (3) Method of mailing. The complaint and notice of hearing shall be mailed to the owner and any lienholder or mortgagee of the building or structure by certified mail with return receipt requested, delivered by the United States Postal Service using signature confirmation service or by personal delivery to the owner, lienholder or mortgagee of the building or structure. If a notice or complaint is mailed in accordance with this subsection to a property owner, lienholder, mortgagee, or registered agent and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered. Sec. 14-133. Public hearing; procedure. (1) Hearing before municipal court. The hearing on the complaint shall be conducted by the municipal court. (2) Evidence; burden ofproof. At the hearing on a complaint the municipal court shall consider any verbal or written evidence presented by the chief building official or code enforcement officer and by the owner, lienholder or mortgagee, or by any other interested person; however, the presentation of evidence shall be subject to any procedural rules applicable to municipal court hearings or proceedings before the municipal court and/or any special rules established for such proceedings by the judge. In the municipal court hearing the owner, lienholder, or mortgagee has the burden of proof to demonstrate 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. Sec. 14-134. Order of municipal court. (1) After the municipal court hearing if the municipal court determines that the building or structure which is the subject of the hearing is a substandard building or structure; an unsecured building or structure or a dangerous building or structure, as defined in section 14- 127, the municipal court may order: (2) that the building or structure be vacated, secured, repaired, removed or demolished by the owner within a reasonable time, as defined by Section 14-135, and may order that any occupants of a building be relocated within a reasonable time; and (3) That, if the building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time, the municipality may vacate, secure, remove, or demolish the building or relocate the occupants at its own expense or repair the building in compliance with Section 14-138(b)Repairing certain buildings. (4) The order of the municipal court shall be reduced to writing and shall be signed by the judge. See. 14-135. Time periods for remediation. If the municipal court orders the owner to remediate violations with respect to a building or structure, the remediation work shall be conducted within the following time periods: (1) Thirty days. Except as provided in subsections (2) and (3) below the owner shall secure the building or structure or repair, remove, or demolish the building or structure within 30 days from the date of the municipal court hearing. (2) More than 30 days; conditions. If the owner, lienholder, or mortgagee establishes at the hearing that the work required to remedy all violations cannot be accomplished within 30 days from the date of the municipal court hearing, the municipal court may allow the owner, lienholder or mortgagee of the building or structure up to 90 days to repair, remove, or demolish the building or structure if the following conditions are satisfied: a. The municipal court establishes a specific time schedule for the commencement and performance of the work; and b. Requires the owner, lienholder or mortgagee of the building or structure to secure the property in a reasonable manner from unauthorized entry while the work is being performed in a manner approved by the chief building official or code enforcement officer. (3) More than 90 days; additional conditions. The municipal court may not allow the owner, lienholder or mortgagee of the building or structure more than 90 days to repair, remove, or demolish the building or structure unless the owner, lienholder or mortgagee: a. Submits a detailed plan and time schedule for the work at the hearing; b. Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work; and c. Is required to by the municipal court's order to regularly submit progress reports to the chief building official or code enforcement officer to demonstrate compliance with the time schedules established for commencement and performance of the work. (4) Bond as additional condition in certain circumstances. If the municipal court allows the owner, lienholder or mortgagee of a building or structure more than 90 days to complete the required repairs, removal or demolition of a building or structure and if the owner, lienholder, or mortgagee owns property, including structures or improvements on property, within the boundaries of the city that exceeds $100,000.00 in total value, the city may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing, or demolishing a building or structure under this article IV. In Created: 2022-12-14 15:59:35 [EST] (Supp. No. 21) Page 10 of 14 lieu of a bond, the city may require the owner, lienholder, or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party approved by the city. The bond must be posted, or the letter of credit or third party guaranty provided, not later than the 30th day after the date the city issues the order. Sec. 14-136. Notice of municipal court's order. Notice of the municipal court's order shall be given as follows: (1) It shall be promptly mailed to the owner and any lienholder or mortgagee of the building or structure by certified mail with return receipt requested, delivered by the United States Postal Service using signature confirmation service or by personal delivery to the owner, lienholder or mortgagee of the building or structure. (2) A copy of the order shall be filed with the city secretary within ten days after the date the order is issued. (3) A notice shall be published in a newspaper of general circulation in the city within ten days after the date the order is issued. The published notice shall state the street address or legal description of the property, the date of the municipal court hearing, a brief statement of the results of the order and instructions on where a complete copy of the order may be obtained. Sec. 14-137. Judicial review. (1) Pursuant to Texas Local Government Code § 214.0012 any owner, lienholder, or mortgagee of record of property jointly or severally aggrieved by an order of municipal court issued under section 14-134 may file in district court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. (2) The petition must be filed by an owner, lienholder, or mortgagee within 30 calendar days after the respective dates a copy of the final decision of the municipality is personally delivered to them, mailed to them by first class mail with certified return receipt requested, or delivered to them by the United States Postal Service using signature confirmation service, or such decision shall become final as to each of them upon the expiration of each such 30 calendar day period. Sec. 14-138. Remediation by the city; civil penalty. (1) Securing the building or structure. If the building or structure is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time in the municipal court's order, the city may vacate, secure, remove, or demolish the building or relocate the occupants at its own expense. (2) Repairing certain buildings. If the building is a residential building with ten or fewer dwelling units and is not repaired within the allotted time in the municipal court's order, the city may repair the building and assess the expenses on the land on which the building or structure stands or to which it is attached. The city may repair the building only to the extent necessary to bring it into compliance with the minimum standards set forth in this article IV. The repairs may not improve the building to the extent that the building exceeds those minimum housing standards. Civil penalty. If the building or structure is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time in the municipal court's order, the city may assess a civil penalty against the property owner for failure to repair, remove, or demolish the building or structure and provide for that assessment, the mode and manner of giving notice, and the means of recovering the assessment. The civil penalty shall only be imposed if the owner does not complete the action required by the municipal court's order within the time period specified in such order. Any civil penalty shall be specified in the municipal court's order but shall not to exceed $1,000.00 a day for each violation or, if the owner shows that the property is the owner's lawful homestead, in an amount not to exceed $10.00 a day for each violation, if the municipal court finds: a. That the property owner was notified of the requirements of this article IV and the owner's need to comply with the requirements; and b. After notification, the property owner committed an act in violation of this article IV or failed to take an action necessary for compliance with this article IV. Sec. 14-139. Lien for city's expenses and civil penalty. The city may impose a lien against the land on which a building or structure stands or stood, unless it is a homestead as protected by the Texas Constitution, to secure the payment of any repair, removal, or demolition expenses incurred by the city pursuant to this Article or any civil penalty assessed by the city pursuant to this Article. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the municipality for the expenses. (1) Contents of lien notice. The lien notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building or structure was located, the amount of expenses incurred by the city, and the balance due. (2) Lien attachment and priority. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the County Clerk of the County in which the property is located. If notice has been given to the owner and any lienholder or mortgagee prior to the municipal court hearings so that such persons or firms are the opportunity to relocate the tenants of the building or to repair, remove, or demolish the building or structure, the lien is a privileged lien subordinate only to tax liens but shall be inferior to any previously recorded bona fide mortgage lien attached to the real property if the mortgage lien was filed for record in the office of the County Clerk of the county in which the property is located before the date the civil penalty is assessed or the repair, removal, or demolition is begun by the municipality. The city's lien is superior to all other previously recorded judgment liens. (3) Interest. Any civil penalty or other assessment imposed shall accrue interest at the rate of ten percent a year from the date of the assessment until paid in full. (Supp. No. 21) Page 12 of 14 Created: 2022-12-14 15:59:36 [EST] Sec. 14-140. Additional authority to secure certain buildings or structures. (1) Authority to secure. The city may secure a substandard building or structure, an unsecured building or structure or a dangerous building or structure, as defined by section 14-127 and the building or structure is unoccupied or is occupied only by persons who do not have a right of possession to the building or structure. (2) Notice to owner. Before the 11th day after the date the building or structure is secured, the city will give notice to the owner by: a. Personally serving the owner with written notice; b. Depositing the notice in the United States mail addressed to the owner at the owner's post office address; c. Publishing the notice at least twice within a ten-day period in a newspaper of general circulation in the county in which the property is located if personal service cannot be obtained and the owner's post office address is unknown; or d. Posting the notice on or near the front door of the building or structure if personal service cannot be obtained and the owner's post office address is unknown. (3) Contents of notice. The notice will contain: a. An identification, which is not required to be a legal description, of the building or structure and the property on which it is located; b. A description of the violation of the city standards that are present at the building or structure; c. A statement that the city will secure or has secured the building or structure; and d. An explanation of the owner's right to request a hearing before the municipal court about any matter relating to the municipality's securing of the building or structure. (4) Hearing. The city will conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the city's securing of the building or structure if, within 30 days after the date the city secures the building or structure, the owner files with the city secretary a written request for the hearing. The city shall conduct the hearing within 20 days after the date the request is filed. (5) Assessment of expenses as lien. The city shall have the same authority to assess expenses under this section as it has to assess expenses under section 14-139. A lien is created under this section in the same manner that a lien is created under section 14-139 and is subject to the same conditions as a lien created under that section. (6) Authority to secure is cumulative. The authority granted to the city by this section is in addition to the city's authority to require remediation by the owner, lienholder or mortgagee pursuant to other provisions of article IV or its authority to impose civil penalties or criminal sanctions. Sec. 14-141. Judicial enforcement. In addition to the remedies which the city has pursuant to other provisions of this article IV, the city may bring a civil action pursuant to Texas Local Government Code Chapter 54 Subchapter B with respect to violations of this Article IV. In any such civil action the city may ask for injunctive relief, the assessment of a civil penalty, an order compelling the repair or demolition of a building or structure, the recovery of its costs in enforcing the provisions of this article IV and in bringing any such civil action, and any other relief that it may be entitled to request under applicable law. Sec. 14-142. City Council The Municipal Court for the City of Cibolo is authorized to hear or act regarding substandard structures, pursuant to the terms of this Article IV of Chapter 14 of the City of Cibolo Code of Ordinances. In the alternative, City Council has the same authority to address these matters as a municipal court. The City Council may elect to hear any substandard structure case.