HomeMy WebLinkAboutOrdinance 3207 ORDINANCE NO. 3207
AN ORDINANCE AMENDING DIVISION I OF CHAPTER 98 OF THE
CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS BY ADDING A NEW SECTION 98 -471 PROVIDING FOR
JUDICIAL REVIEW OF DECISIONS OF THE SUBSTANDARD
BUILDINGS BOARD; PROVIDING A SEVERABILITY CLAUSE.
WHEREAS, the City Council has been made aware of the decision of the Texas
Supreme Court in City of Dallas v Heather Stewart, 361 S.W.3d 562 (Tex.
2012) in which the court invalidated the substantial evidence review
established by Section 214.012, Texas Loc. Gov't Code for appeals to
courts of decisions of local boards dealing with substandard buildings and
announcing that such appeals must be decided on the basis of a trial de
novo; and
WHEREAS, the City Attorney has recommended establishment of a procedure for
judicial review of substandard building board decisions which will meet the
requirements established by the court; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS:
Section 1. That Division I of Chapter 98 of the North Richland Hills Code of
Ordinances is hereby amended by adding a new Section 98 -471 which shall read as
follows:
"Sec. 98 -471. Judicial Review.
Judicial Review
(a) Any owner, lienholder, or mortgagee of record of property jointly or
severally aggrieved by an order of the Substandard Building Board or the
City issued under any provision of this Chapter 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 Substandard Building
Board or the City is personally delivered to them, mailed to them by first
class mail with certified return receipt requested, or delivered to them by
the United States 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.
(b) Appeal in the district court shall be by de novo hearing before the court
without a jury. The court may reverse or affirm, in whole or in part, or may
modify the decision brought up for review.
Ordinance No. 3207
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(c) Costs may not be allowed against the municipality.
(d) 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."
SECTION 2. Severability.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and section of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this the 9th day of July, 2012.
CITY OF ORT RICHLAND HILLS
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By:
Oscar Trevino Mayor
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Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Stallies, Ci Attorney
Ordinance No. 3207
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