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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)
(a) The floodplain administrator, or such other city official as the administrator may designate, shall keep an account of the costs (including incidental expenses) of abating the violation on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the city council showing the cost of abatement of said, violation including any salvage value relating thereto; provided that before said report is submitted to the city council a copy of the same shall be served on the property owner in the manner provided in § 7-375, together with a notice of the time when said report shall be heard by the city council for confirmation.
(b) The city council shall set the matter for hearing to determine the correctness and reasonableness of the abatement costs.
(c) Written proof of the service of such report shall be made under oath and filed with the city secretary.
(d) The term INCIDENTAL EXPENSES shall include, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, inspection of work (including survey if necessary), and costs of printing, mailing and publication required hereunder.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
The city council shall hear and pass upon the report of the abatement costs, together with any objections or protests. Thereupon, the city council may make such revision, correction or modification in the report, as it may deem just, after which, the report, as submitted or as revised, corrected or modified, shall be confirmed by the council. The decision of the city council on the correctness and reasonableness of abatement costs shall be final and conclusive.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
(a) The total cost of abating such violation, as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and, upon recordation in the office of the county clerk of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.
(b) After such confirmation and recordation, a copy of the notice of lien may be turned over to the city tax department, whereupon it shall be the duty of the tax collector to add the amounts of the respective assessments to the next regular city tax bills for said respective lots and parcels of land, and thereafter said amounts shall be collected at the same time and in the same manner as ad valorem taxes are collected and shall be subject to the same penalties and the same procedure under foreclosure and sale as in the case of delinquent ad valorem taxes.
(c) At any time after recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
(d) The foregoing remedy shall not preclude a suit against any person violating this article who may be held personally liable for the cost incurred by the City of Fort Worth in connection with such abatement procedures. The costs of abating any such violation shall constitute a personal liability of the person causing such abatement procedures to be necessary. In addition, the foregoing remedy shall not constitute the exclusive remedy available to the City of Fort Worth to abate a violation of or otherwise enforce the provisions of this article, and the City of Fort Worth may elect any other legal remedy or remedies available to it to obtain compliance with this article. The abatement provisions set forth above shall operate as an enlargement and not a limitation of the power of the City of Fort Worth, and such provisions shall not prevent said city from using any means legally available to it, with or without notice to the landowner, in the event of an emergency or other situation posing a serious threat to the public health, safety or welfare.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
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