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If a violation is not properly abated within the period established under the provisions of § 7-371, the city council shall hold a public hearing to determine if the violation should be abated under the police powers of the city.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
A written notice of the public hearing before the city council shall be served on the property owner at least ten days prior to the date set for the public hearing. Service shall be made upon the owner by personal service, or by certified or registered mail. If made by certified mail, services shall be effective on the date the notice is deposited in the United States mail. If there is no known address for the owner, the notice of the hearing shall be published in a newspaper of general circulation in the city at least ten calendar days before the hearing. The failure of any person to receive such notice shall not affect the validity of the proceedings.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
At the public hearing, the city council shall hear and consider all relevant evidence, objections or protests and shall receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged violation and to proposed abatement measures. The hearing may be continued from time to time.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
Following the public hearing, the city council shall consider all evidence and determine whether the property, or any part thereof, constitutes a violation of this article as alleged. If the council finds that a violation does exist and that there is sufficient cause to abate the violation, the city council shall make a written order setting forth the findings and ordering the owner or other person having charge or control of the property to abate the violation by repair or removal in the manner and by the means specifically set forth in that order. The order shall set forth the time within which the abatement shall be completed.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
Any owner or other person with a vested interest who is aggrieved by the decision of the city council ordering the abatement of any violation under the provisions of this article may contest such decision by filing a petition in court within ten days of the date of the decision of the city council. Otherwise, the decision of the city council shall be deemed final and conclusive, and all objections to such decision shall be deemed waived.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
Within five days following the decision of the city council, the property owner and/or the person having charge or control of the premises shall be served with a copy of the written order in the manner provided in § 7-375.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
The property owner, or person having charge or control of the property, may at his or her own expense abate the violation as prescribed by the order of the city council prior to the expiration of the abatement period set forth in order. If the violation has been inspected by a representative of the transportation and public works department and has been abated in accordance with the order, the proceedings shall be terminated.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
If a violation is not completely abated within the time prescribed in the city council order, the floodplain administrator, or other designated city official, is authorized and directed to cause the violation to be abated by city forces or private contract. In furtherance of this section, the floodplain administrator or duly authorized agents, employees, contractors, subcontractors or other representatives of the City of Fort Worth are expressly authorized to enter upon the property to abate the violation.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
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