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SEC. 27-16.8.   NONCOMPLIANCE WITH COURT ORDERS; CIVIL PENALTIES; LIENS.
   (a)   If the city of Dallas determines that the owner, lienholder, or mortgagee of a structure has not timely complied with a municipal court order issued under Section 27-16.7 and the order included a provision authorizing the city to perform work upon failure of the owner, lienholder, or mortgagee to comply with the order, the city may, in addition to other remedies provided by law, repair, demolish, vacate, or secure the structure, or relocate the occupants of the structure, whichever is applicable, in accordance with the court order.  Before the city begins performance of the work, the city attorney or the director shall issue a notice including:
      (1)   an identification, which is not required to be a legal description, of the structure and the property on which it is located;
      (2)   an identification of the court order;
      (3)   a description of each violation of minimum standards found by the court to be present on the property when the court order was issued;
      (4)   a description of any work ordered by the court to correct each violation on the property;
      (5)   a statement that the owner, lienholder, or mortgagee has not timely complied with the court order and a description of the provisions of the court order that still require compliance;
      (6)   a statement of the city’s intent to cause the repair, demolition, vacation, or securing of the structure, or the relocation of the occupants of the structure, whichever is applicable; and
      (7)   the date and time the city will begin performance of the work in accordance with the court order.
   (b)   At least 10 days before the city of Dallas begins the performance of work under this section, the notice required under Subsection (a) must be:
      (1)   mailed by certified mail, return receipt requested, to each owner, lienholder, and mortgagee of the structure;
      (2)   posted on the front door of the structure or as close to the front door as practicable; and
      (3)   published on one occasion in a newspaper of general circulation in the city.
   (c)   Any costs incurred by the city in performing work under this article may be enforced in accordance with Subsection (e) of this section and through any other remedies provided by city ordinance or state law.
   (d)   Assessment of civil penalties.
      (1)   If the city attorney or the director determines that the owner, lienholder, or mortgagee of a structure has not timely complied with a municipal court order issued under Section 27-16.7, the city attorney may file an action in municipal court for the assessment of a civil penalty against the property and property owner. The city attorney or the director shall promptly give notice to each owner, lienholder, and mortgagee of the hearing to assess a civil penalty. The notice must include:
         (A)   an identification, which is not required to be a legal description, of the structure and the property on which it is located;
         (B)   an identification of the court order affecting the property;
         (C)   a description of each violation of minimum standards found by the court to be present on the property when the court order was issued;
         (D)   a description of any work ordered by the court to correct each violation on the property;
         (E)   a statement that the city attorney or the director has determined that an owner, lienholder, or mortgagee has not timely complied with the court order and a description of the provisions of the court order that still require compliance; and
         (F)   a statement that the court will conduct a hearing to consider assessment of a civil penalty against the property and property owner and the date, time, and place of the hearing.
      (2)   The notice required under Subsection (d)(1) for a municipal court hearing to consider the assessment of a civil penalty against the property and property owner subject to a court order must be given in compliance with the notice requirements set forth in Section 27-16.5 for other hearings under this article.
      (3)   A hearing to consider the assessment of a civil penalty on property subject to a court order must be conducted in compliance with the requirements and procedures set forth in this article for other hearings before the municipal court, except that, in addition to any other evidence presented, an owner, lienholder, or mortgagee may present evidence of any work performed or completed on the property to comply with the court order.
      (4)   The court, after hearing evidence from each interested person present, may assess a civil penalty against the owner in a specific amount in accordance with Section 27-16.3(b)(7) of this article.
      (5)   Notice of a court order issued under this subsection must comply with the requirements and procedures of Section 27-16.7(f) and (g) and Section 27-16.11 for notice of other board orders.
      (6)   A civil penalty assessed under this subsection may be enforced in accordance with Subsection (e) of this section.
      (7)   A civil penalty assessment hearing may be combined with any other hearing before the municipal court concerning the same property.
   (e)   Liens.
      (1)   The expense of the repair, demolition, vacation, or securing of a structure or the relocation of the occupants of a structure, when performed under contract with the city or by city forces, and any civil penalty assessed against the owner of the structure, constitute a nontransferable lien against the real property on which the structure stands or stood and runs with the land, unless it is a homestead as protected by the Texas Constitution.  The city’s lien attaches when notice of the lien is recorded and indexed in the office of the county clerk in the county in which the property is located.  The notice must contain the name and address of the owner, if reasonably determinable, a legal description of the real property, the amount of expenses incurred by the city, and the balance due.
      (2)   The city’s lien for the expenses is a privileged lien subordinate only to tax liens, if each mortgagee and lienholder is given notice and an opportunity to repair, demolish, vacate, or secure the structure, or relocate the occupants of the structure, whichever applies. Otherwise, the city’s lien for expenses, or for any civil penalties imposed, is superior to all other previously recorded judgment liens except for any previously recorded bona fide mortgage lien attached to the real property, if the mortgage lien was filed for record in the county clerk’s office of the county in which the real property is located before the date the civil penalty was assessed or the action for which the expenses were incurred was begun by the city.
      (3)   A lien acquired by the city under this section for repair expenses may not be foreclosed if the structure upon which the repairs were made is occupied as a residential homestead by a person 65 years of age or older.
      (4)   The city may use lawful means to collect expenses and civil penalties assessed under this article from an owner or a property. Any civil penalty or other assessment imposed under this article accrues interest at the rate of 10 percent a year from the date of the assessment until paid in full. The city may petition a court of competent jurisdiction in a civil suit for a final judgment in accordance with the assessed civil penalty. To enforce the civil penalty, the city must file with the district clerk of a county in which the city is located a certified copy of the municipal court order assessing the civil penalty, stating the amount and duration of the penalty. The assessment of a civil penalty under this article is final and binding and constitutes prima facie evidence of the penalty. No other proof is required for the district court to enter final judgment on the penalty.  (Ord. Nos. 24457; 26455; 30236)