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SEC. 27-16.7.   HEARING PROCEDURES BEFORE THE MUNICIPAL COURT; COURT ORDERS.
   (a)   At the civil hearing in municipal court:
      (1)   the city attorney shall present evidence of notice of the hearing, the violation or violations of minimum standards that are present on the property, and other relevant issues;
      (2)   an owner, lienholder, mortgagee, or other person shown to have an interest in the property may present evidence of the scope of work and time required to comply with minimum standards under this chapter, present evidence on other relevant issues, and cross-examine witnesses; and
      (3)   the city attorney may cross-examine or rebut any evidence offered by an opposing party or other witness.
   (b)   At the close of evidence at the hearing, the municipal court judge may do one or more of the following:
      (1)   Find by a preponderance of the evidence that the structure is an urban nuisance, specifically describing each minimum standard found to be violated, and order one or more of the following:
         (A)   demolition of the structure by the owner, lienholder, or mortgagee within 30 days, unless an extension is granted under Subsection (c);
         (B)   repair of the structure by the owner, lienholder, or mortgagee as needed to correct every violation of minimum standards found by the court to exist at the structure, the repair to be accomplished within 30 days, unless an extension is granted under Subsection (c);
         (C)   vacation of the structure by the owner, lienholder, or mortgagee, within a specified period of time; or
         (D)   the assessment of a civil penalty against the owner for each day or part of a day that the owner fails to repair or demolish the structure in compliance with a court order issued under this subsection.
      (2)   Find that the structure is overcrowded under Section 27-15 of this chapter and order a reduction of occupancy load by the owner, lienholder, or mortgagee.
      (3)   Find that the structure is open and vacant and order securing of the structure from unauthorized entry in compliance with the Dallas Fire Code within 30 days by the owner, lienholder, or mortgagee.
      (4)   Order relocation of the occupants of a structure affected by a court order, within a specified period of time, by the owner, lienholder, or mortgagee.
      (5)   Determine whether any occupants of a structure affected by a board order are ineligible for relocation assistance under Section 27-16.3(c) of this chapter.
   (c)   Time extensions for complying with an order to repair or demolish a structure.
      (1)   The court may allow more than 30 days to comply with an order to repair or demolish a structure under Subsection (b)(1), if the owner, lienholder, or mortgagee establishes at the hearing that the work cannot reasonably be performed within 30 days.  The court shall establish a specific time schedule for the commencement and performance of the work and require the owner, lienholder, or mortgagee to secure the property from unauthorized entry while the work is being performed.
      (2)   The court may not allow more than 90 days to comply with an order issued under Subsection (b)(1) unless the owner, lienholder, or mortgagee:
         (A)   submits at the hearing a detailed plan and time schedule for the work; and
         (B)   establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.
      (3)   If the court allows more than 90 days to complete any part of the work required to repair or demolish the structure under Subsection (b)(1), it shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the court demonstrating compliance with the time schedules established for commencement and performance of the work.  The order may require that the owner, lienholder, or mortgagee appear before the court to demonstrate compliance with the time schedules.
      (4)   If the owner, lienholder, or mortgagee owns property, including structures and improvements on property, within the city boundaries that exceeds $100,000 in total value, the court may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing or demolishing a structure under Subsection (c)(3). In lieu of a bond, the court 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 court issues the order. The court shall establish rules and procedures, to be approved by the city attorney, governing when a bond, letter of credit, or third party guaranty will be required under this paragraph.
   (d)   Demolition, vacation, and securing of a structure, and the relocation of the occupants of a structure, may be accomplished by the city if not timely accomplished by the owner, lienholder, or mortgagee. Repair of a structure may be accomplished by the city if not timely accomplished by the owner, lienholder, or mortgagee, but only to the extent necessary to bring the structure into compliance with minimum standards and only if the structure is a residential structure with not more than 10 dwelling units. If, at the close of evidence at the hearing, the court orders a structure to be repaired, vacated, secured, or demolished, or orders relocation of the occupants of a structure, the court shall in its order also authorize the city of Dallas, through its agents or contractors, to enter the property and repair, vacate, secure, or demolish the structure on the property, or relocate the occupants of the structure, whichever applies, if the ordered action is not accomplished by the owner, lienholder, or mortgagee by the deadline given by the court pursuant to Subsection (b) or (c). Performance of work by the city under this subsection does not limit the ability of the city to collect on a bond or other financial guaranty that may be required from the property owner, lienholder, or mortgagee under Subsection (c)(4) of this section.
   (e)   An order entered by the court must also include a statement that any order entered by the municipal court, when filed in the official public real property records of the county in which the property is located, binds any subsequent grantee, lienholder, or other transferee of an interest in the property who acquires the interest after the filing of the order.
   (f)   After the hearing, the city attorney or the director shall promptly mail by certified mail, return receipt requested, or personally deliver with proof of delivery, a copy of the order to each owner, lienholder, and mortgagee of the structure and shall file a copy of the order in the official public real property records of the county in which the property is located.  Best efforts must be made to determine the identity and address of any owner, mortgagee, or lienholder and to give such persons notice of the order. If an order to repair, demolish, vacate, reduce in occupancy load, or secure a structure, or to relocate the occupants of a structure, is timely effected, the director shall, upon written request and payment of the cost by the owner, file a notice of compliance in the deed records of the county in which the property is located. Every notice given under this subsection must include an identification, which is not required to be a legal description, of the structure and property on which it is located, and a description of the violation of minimum standards that is present at the property.
   (g)   Within 10 days after the date the order is issued, the city attorney or the director shall:
      (1)   file a copy of the order in the office of the city secretary; and
      (2)   publish in a newspaper of general circulation in the city of Dallas an abbreviated copy of the order containing:
         (A)   the street address or legal description of the property;
         (B)   the date of the hearing;
         (C)   a brief statement indicating the results of the order; and
         (D)   instructions stating where a complete copy of the order may be obtained.  (Ord. Nos. 24457; 26455)