(a) A person found by the hearing officer to be financially unable to comply with an administrative order must be:
(1) a resident of the property or premises that is the subject of the administrative order; and
(2) the sole owner of the property or premises, except that the person may be a co-owner of the property or premises if all other co-owners cannot be located or are financially unable to comply with the administrative order.
(b) A person claiming a financial inability to comply with the administrative order must make that claim prior to the conclusion of the administrative hearing before the hearing officer.
(c) A person claiming a financial inability to pay for a transcription of the record and/or to post an appeal bond must make that claim in writing to the hearing officer on or before the seventh calendar day following the administrative hearing.
(d) A person claiming a financial inability to comply with an administrative order, to pay for a transcription of the record, and/or to post an appeal bond must have an income that does not exceed 50 percent of the Dallas Area Median Family Income (AMFI) as determined by the United States Department of Housing and Urban Development.
(e) After receiving a claim that a person found liable for a violation under this article is financially unable to comply with an administrative order, to pay for a transcription of the record, and/or to post an appeal bond, the hearing officer shall set the matter for hearing and notify all parties of the hearing date by regular United States mail. The hearing officer shall order the person found liable for a violation to bring to the hearing documentary evidence to support the person's claim of financial inability. The hearing officer's determination of whether the person found liable for a violation is financially unable to comply with the administrative order, to pay for a transcription of the record, and/or to post an appeal bond must be based on all information provided to the hearing officer by the person found liable or by the city attorney in opposition to the claim of financial inability. If the hearing officer determines that the person found liable for a violation does not have the financial ability to bring the property or premises into compliance with the administrative order, to pay for a transcription of the record, and/or to post an appeal bond, then the hearing officer shall enter that finding in writing.
(f) If the hearing officer finds that a person is financially unable to bring the property or premises into compliance with the administrative order, the hearing officer shall not suspend the finding of liability, but shall suspend the enforcement of the administrative order for a specified period of time, not to exceed 120 days, to allow the person to apply with a Citizen Advocate Program to help bring his or her property into compliance with the administrative order. At the end of the suspension period, if the property or premises is in compliance with the administrative order, the administrative penalty will be waived. If, at the end of the suspension period, the property or premises is still in violation of the administrative order, the administrative penalties, fees, and court costs originally assessed will become due. If, in the interests of justice, the attorney for the city believes that the suspension should be extended, the attorney for the city can make a motion to extend the suspension period for a specific time and present the motion to the hearing officer for a ruling.
(g) A Citizen Advocate Program will be created to assist individuals who are found by the hearing officer to be financially unable to comply with an administrative order or who need special assistance regarding an administrative citation.
(h) If the hearing officer finds that the person found liable for a violation is financially unable to pay the costs of the transcription of the record and/or to post an appeal bond, these costs will be waived by the city. (Ord. Nos. 25927; 30236)