(a) After the time to comply with an order of the commission or municipal court issued pursuant to §§ 7-102 or 7-102A has lapsed, the commission or municipal court may hold a hearing on violations of the order and may assess a civil penalty against the property owner, in an amount not to exceed $1,000 per day per violation, or, if the owner shows that the property is the owner's lawful homestead, in an amount not to exceed $10 per day per violation, if at the hearing the city proves:
(1) The property owner was notified of the requirements of this article and the owner's need to comply with the requirements, and was notified of the commission's or municipal court's order; and
(2) After notification, the property owner committed an act in violation of this article or failed to take an action necessary to bring the building or structure into compliance with this article and the order of the commission or municipal court.
(b) In a proceeding under § 7-77.1 the building standards commission after notice and hearing may assess a civil penalty against the property owner, in an amount not to exceed $1,000 per day per violation, if at the hearing the city proves:
(1) The property owner had actual notification of the requirements of the ordinance and the owner's need to comply with the requirements; and
(2) After actual notification, the property owner committed an act in violation of this article or failed to take an action necessary to bring the property into compliance with the ordinance.
(c) A determination made by the commission panel or municipal court constitutes prima facie evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the city for final judgment in accordance with the established penalty.
(d) To enforce the civil penalty, the city secretary shall file with the Tarrant County district clerk a certified copy of the order of the commission panel or municipal court establishing the amount and duration of the civil penalty.
(e) No other proof shall be required for a district court to enter final judgment on the penalty.
(Ord. 13743, § 1, passed 3-23-1999; Ord. 14629, § 1, passed 5-22-2001; Ord. 23577-03-2019, § 8, passed 3-19-2019)