§ 6-92. Civil penalties, notices, assessments, and liens.

(a)

Civil penalties may be assessed by the commission in amounts not to exceed $1,000.00 per day for each day a property owner is in noncompliance with an order of the commission, if the city proves:

(1)

The property owner was notified of the requirements of this chapter and the owner's need to comply with the requirements; and

(2)

After notification, the property owner committed an act in violation of the article or failed to take an action necessary for compliance with the chapter.

(b)

A determination of civil penalties made by the building and standards commission is final and binding and 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.

(c)

Civil penalties and expenses assessed herein shall constitute a personal liability of the property owner and a lien against the property.

(d)

All civil penalties and assessments for expenses to repair a building accrue interest at the rate of ten percent per annum.

(e)

A property owner against whom a civil penalty is assessed or expenses are assessed shall be given notice of such order pursuant to section 6-93 herein.

(f)

Promptly after the imposition of a lien for the assessment of a civil penalty or expenses, the building official shall cause a written notice of such imposition of lien in the office of the Denton County Clerk.

(g)

A certified copy of an order establishing the amount and duration of a civil penalty must also be filed with the district clerk. No other proof is required for a district court to enter final judgment of the penalty.

(h)

An abstract of judgment shall be issued against all parties found to be the owners of the subject property or in possession of that property.

(i)

A lienholder does not have standing to bring a proceeding for judicial review on the ground that the lienholder was not notified of the proceedings before the commission panel or was unaware of the condition of the property, unless the lienholder had first appeared before the commission panel and entered an appearance in opposition to the proceedings.

(j)

The penalties provided for in this section are in addition to any other penalties or enforcement remedies that the city may have under any applicable laws.

(Ord. No. 2010-1871, § 3, 10-5-2010)