§ 150.40 CONTRACTING FOR ABATEMENT.

   Whenever the property owner, agent or tenant fails to abate the nuisance within the time allowed, the Enforcement Officer is hereby authorized to contract with a contractor to perform such work as may be required to abate the nuisance, with approval of the City Administrator and in compliance with the city's purchasing policy.

(Ord. 11012016-BUILDING, passed 11-1-2016)

§ 150.41 24-HOUR ABATEMENT UNDER CERTAIN CIRCUMSTANCES.

   Nothing in this subchapter shall prohibit the requirement for abatement within 24 hours, or a period of time less than as prescribed herein for public hearings, notice thereof or other recovery of costs and establishment of liens, when a nuisance has been declared an immediate threat to health and safety by the Enforcement Officer.

(Ord. 11012016-BUILDING, passed 11-1-2016)

§ 150.42 JUDICIAL REVIEW.

   (A)   District court. Any property owner, lienholder or mortgagee jointly or severally aggrieved by a substandard building determination order of the City Council issued under this subchapter shall be entitled to review by a state district court pursuant to Texas Local Government Code § 214.0012 and the city shall be entitled to an award of attorney's fees, costs and expenses and judgment therefor, pursuant to Texas Local Government Code § 214.0012(h).

   (B)   Municipal court. Action taken by the city pursuant to this subchapter shall not affect the ability of the city to proceed under the jurisdiction of the city's municipal court. The City Council, if unable to meet a quorum because of recusals or vacancy to hold a public substandard building determination hearing, may refer the matter to the Godley Municipal Court to conduct the hearing on their behalf.

(Ord. 11012016-BUILDING, passed 11-1-2016)

§ 150.99 PENALTY.

   (A)   A person who violates §§ 150.21 through 150.22 is guilty of a Class C Misdemeanor offense, and if found guilty, shall be punishable by a fine of not more than $500 for each violation. And further, as provided by § 10.99(B) of this code, each day of offense shall constitute a separate violation.

   (B)   Any violation of §§ 150.30 et seq. is a misdemeanor, and any person found to be guilty thereof shall be punishable by a fine not less than $1 and no more than $2,000 pursuant to Texas Local Government Code § 54.001(b)(1). Each day that such violation continues shall constitute a separate prosecutable offense and shall be punishable accordingly. Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by §§ 150.30 et seq.

(Ord. 8-2006-H, passed 6-8-2006; Ord. 9-21-2009A, passed 9-21-2009; Ord. 9-21-2009B, passed 9-21-2009; Ord. 02032015-RENT, passed 2-3-2015; Ord. 11012016-BUILDING, passed 11-1-2016)