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(a) Any owner, lienholder or mortgagee of record of property jointly or severally aggrieved by an order of the building standards commission or municipal court issued under this article, may appeal the order by filing a verified petition in a Tarrant County civil district court.
(b) The petition must be filed by an owner, lienholder or mortgagee within 30 calendar days after the mailing of the building standards commission or municipal court order.
(c) If not timely appealed, the order of the building standards commission or municipal court becomes final as to the owners, lienholders and mortgagees upon the expiration of 30 calendar days after the mailing of the order.
(d) If the building standards commission or municipal court ordered the subject property to be demolished, then the appeal to the district court shall be by trial de novo. Otherwise appeal to the district court shall be governed by the procedures outlined in Tex. Local Government Code Chapters 54 or 214.
(e) Judicial review for proceedings under § 7-77.1.
(1) The city shall publish an abbreviated copy of the order in a newspaper of general circulation within ten calendar days of the mailing of the order. The order shall include the following:
a. The street address or legal description of the property;
b. The date of the hearing;
c. A brief statement indicating the content of the order; and
d. Instructions stating where a complete copy of the order may be obtained.
(2) A copy of the order shall be filed in the office of the city secretary.
(3) If no appeal is taken from the decision of the building standards commission within the required period, the decision of the building standards commission is, in all things, final and binding.
(4) Any owner, lienholder or mortgagee of record jointly or severally aggrieved by a decision of the building standards commission may appeal the decision by filing a verified petition in Tarrant County civil district court.
(5) A lienholder does not have standing to bring a proceeding under this subsection (e) on the grounds that the lienholder was not notified of the proceedings before the building standards commission or was unaware of the condition of the property, unless the lienholder had first appeared before the building standards commission and entered an appearance in opposition to the proceedings.
(6) The petition must be presented within 30 calendar days after the date a copy of the final decision of the building standards commission is mailed by first class mail, certified receipt requested, to all owners, lienholders and mortgagees of record.
(7) The appeal to the district court shall be governed by the procedures outlined in Tex. Local Government Code Chapter 54 or 214.
(Ord. 13743, § 1, passed 3-23-1999; Ord. 14629, § 1, passed 5-22-2001; Ord. 15503, § 3, passed 4-1-2003; Ord. 20104-03-2012, § 1, passed 3-20-2012; Ord. 21217-04-2014, § 3, passed 4-22-2014; Ord. 23577-03-2019, § 12, passed 3-19-2019)
(1) Meets either a. or b. and also c. below.
a. Individually designated or pending designation as:
1. Highly significant endangered;
2. Historic and cultural landmark; or
3. Demolition delay.
b. A contributing historic property located in an area designated or pending designation as an historic and cultural landmarks district.
c. Is not a single-family dwelling occupied by the owner.
(b) The director may secure the structure from entrance until the requirements in subsection (c) of this section are completed.
(c) The landmarks commission shall review the condition of the building or structure to determine whether it can be reasonably rehabilitated and shall submit a written report of its findings and recommendations to the director within 60 calendar days from the date of the initial landmarks commission hearing.
(e) If the landmarks commission determines that the building or structure can be reasonably rehabilitated, the city may not permit the building or structure to be demolished for at least 90 calendar days after the date the report is submitted to the director. During this 90-calendar day period, the city's historic preservation officer, shall notify the building or structure's owner to afford the owner an opportunity to attempt to identify a feasible alternative use for the building or structure or to locate an alternative purchaser to rehabilitate and maintain the building or structure.
(f) If the city is not able to locate the owner or if the owner does not respond within the 90-calendar day period, the director may proceed as provided by § 7-101, and the city may then file suit pursuant to Tex. Local Government Code § 214.003 for the appointment of a receiver. A receiver may not be appointed for a building or structure that is an owner-occupied single-family residence or that is zoned nonresidential and used in a nonresidential character.
(g) The director may proceed as provided in § 7-101, and the building standards commission or municipal court may order the demolition of a building or structure, if after the expiration of the 90-calendar day period the city is not able to:
(1) Identify a feasible alternative use for the building or structure;
(2) Locate an alternative purchaser to rehabilitate and maintain the building or structure; or
(3) Appoint a receiver for the building or structure as provided by Texas Local Government Code § 214.003.
(h) An owner of a substandard building or structure declared to be in violation of this article is not liable for penalties related to the building or structure that accrue during the 90-calendar day period provided for disposition of historic property under this section.
(i) In determining whether to issue a certificate of appropriateness for the demolition of a non-contributing historic property, the city must follow the processes and procedures set forth in the Historic Preservation Ordinance for demolition requests by an applicant other than the city.
(Ord. 13743, § 1, passed 3-23-1999; Ord. 23577-03-2019, § 13, passed 3-19-2019; Ord. 23984-12-2019, § 1, passed 12-17-2019, eff. 12-25-2019)
(a) The director shall make quarterly reports to the city council of all buildings or structures on the city-funded demolition/rehabilitation list. The report shall list each building or structure by its street address, owners of record, city council district, length of time on the list, and its priority on the list.
(b) The director shall list buildings or structures on the report as priority one demolish, priority one rehabilitate, priority two demolish, priority two rehabilitate, priority three demolish and priority three rehabilitate, and shall develop criteria for determining a building or structure’s placement in a category.
(c) The city council, by a majority vote, may remove a building or structure from the list or may change its priority on the list.
(Ord. 13743, § 1, passed 3-23-1999; Ord. 23577-03-2019, § 1, passed 3-19-2019)
In accordance with Tex. Local Government Code § 214.003, the city may bring an action in district court against an owner of residential property that is not in substantial compliance with the minimum standards of this article, seeking an order from the court appointing a receiver to take control of and restore the property.
(Ord. 13743, § 1, passed 3-23-1999)
(a) The city may bring suit for injunctive relief and civil penalties against the owner of property in violation of this article, or to compel the demolition or repair of buildings or structures, as provided for by Tex. Local Government Code Chapter 54, Subchapter B.
(b) Filing a suit for civil penalties, injunctive relief or other remedies shall not be a bar against, or a prerequisite for, taking any other action against a violator.
(Ord. 13743, § 1, passed 3-23-1999)
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