(A) Appeal of the Board of Adjustments and Appeals order.
(1) Any responsible party affected by a Board of Adjustments and Appeals order who desires to appeal the decision of the Board of Adjustments and Appeals or the findings set forth in the Board of Adjustments and Appeals order, must appeal the order of the Board of Adjustments and Appeals to City Council in accordance with the following procedures:
(a) The responsible party shall file a written notice of appeal with the Board of Appeals and the Code Enforcement Authority within 30 calendar days of receiving the Board of Adjustments and Appeals order.
(b) The notice of appeal must set forth and describe the factual and legal grounds why the Board of Adjustment and Appeals decision is in error, wrong, or incorrect.
(c) The responsible party must request a public hearing before the City Council.
(d) The responsible party has the burden of proof of demonstrating at a public hearing before City Council that the Board of Adjustment and Appeals order is in error, wrong, or incorrect.
(e) City Council shall only consider evidence that was available to the Board of Adjustments and Appeals at the time of the hearing before the Board of Adjustments and Appeals.
(f) The Board of Adjustments and Appeals order shall be deemed final and non-appealable if a responsible party fails to timely submit an appeal in accordance with this section.
(2) In conducting its review of a Board of Adjustments and Appeals order, the City Council shall by ordinance either affirm the order or modify or reverse the order.
(3) If the City Council affirms the Board of Adjustments and Appeals order, the findings and decision set forth in the Board of Adjustments and Appeals order shall be deemed final and the City Council’s ordinance shall include the following:
(a) Findings of fact as to the specific conditions which make the building or structure a dangerous building;
(b) If City Council orders the demolition of the dangerous building, the ordinance ordering the demolition of the dangerous building must include:
1. A finding that there is an immediate clear and present danger to other property or the public; and
2. The ordinance must specify that the demolition of the dangerous building cannot occur earlier than 35 calendar days from the date of the City Council’s order affirming the Board of Adjustments and Appeals.
(4) If the City Council reverses the Board of Adjustment and Appeals order, the City Council shall set forth in factual findings in the ordinance the grounds and reasons for the reversal.
(5) The Board of Adjustments and Appeals order shall be deemed final:
(a) In the absence of a timely filed appeal in accordance with the appeal procedures established in this section; or
(b) Due to a failure of an appealing party to comply with the appeal procedures set forth in this section.
(B) City Council action. If the responsible parties that have an interest in a building or structure that is ordered to be repaired, rehabilitated, demolished, or removed, fail to timely comply with such order, the City Council may:
(1) Authorize the Code Enforcement Authority to obtain the repair and/or securing of the building or structure, and to file a lien against such property for the cost and expense of such work;
(2) By ordinance, assess a civil penalty of up to $1,000 per day against the owners and persons having an interest in the property; and
(3) Authorize and take such other action as contemplated by this subchapter, or Tex. Loc. Gov’t Code Ch. 214, as is necessary or advisable in the judgment of the City Council to protect the public health, safety or welfare.
(C) Judicial review.
(1) Any owner, lienholder, or mortgagee of record of properly jointly or severally aggrieved by an order of a City Council issued under this subchapter and Tex. Loc. Gov’t Code § 214.001 may file in district court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be filed by an owner, lienholder, or mortgagee within 30 calendar days after the respective dates a copy of the final decision of the municipality is personally delivered to them, mailed to them by first class mail with certified return receipt requested, or delivered to them by the U.S. Postal Service using signature confirmation service, or such decision shall become final as to each of them upon the expiration of each such 30 calendar day period.
(2) On the filing of the petition, the court may issue a writ of certiorari directed to the municipality to review the order of the municipality and shall prescribe in the writ the time within which a return on the writ must be made, which must be longer than ten days, and served on the relator or the relator’s attorney.
(3) The city may not be required to return the original papers acted on by it, but it is sufficient for the municipality to return certified or sworn copies of the papers or of parts of the papers as may be called for by the writ.
(4) The return must concisely set forth other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(5) The issuance of the writ does not stay proceedings on the decision appealed from.
(6) Appeal in the district court shall be limited to a hearing under the substantial evidence rule. The court may reverse or affirm, in whole or in part, or may modify the decision brought up for review.
(7) Costs may not be allowed against the city.
(8) If the decision of the municipality is affirmed or not substantially reversed but only modified, the district court shall allow to the city all attorney’s fees and other costs and expenses incurred by it and shall enter a judgment for those items, which may be entered against the property owners, lienholders, or mortgagees as well as all persons subject to the proceedings before the city.
(Ord. 95-03, passed 3-13-1995; Ord. 2012-008, passed 10-16-2012)