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2002-032-ORD AMENDING CHAPTER 7 OF CODE OF ORDINANCES BY REPEALING CURRENT ARTICLE III OF CHAPTER 7
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2002-032-ORD AMENDING CHAPTER 7 OF CODE OF ORDINANCES BY REPEALING CURRENT ARTICLE III OF CHAPTER 7
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8/18/2006 4:36:40 PM
Creation date
8/13/2002 8:29:23 PM
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CITY CLERK
Doc Name
2002
Doc Type
Ordinance
CITY CLERK - Date
6/10/2002
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<br />(f) The district court's review shall be limited to a hearing under the <br />substantial evidence rule. The court may reverse or affirm, in whole or in part, or may <br />modify the decision brought up for review. <br /> <br />(g) Costs may not be allowed against the commission. <br /> <br />(h) If the decision of the commission is affirmed or not substantially reversed <br />but only modified, the district court shall allow the City all attorney's fees and other <br />costs and expenses incurred by it and shall enter a judgment for those items, which <br />may be entered against the property owners as well as all persons found to be in <br />possession of the property subject to the proceedings before the commission. <br /> <br />Sec. 7-52. Abs'~act of judgment; lienholders. <br /> <br />(a) An abstract of judgment shall be issued against all parties found to be the <br />owners of the subject property or in possession of that property. <br /> <br />(b) A lienholder does not have standing to bring a proceeding as provided in <br />Section 7-51 herein on the ground that the lienholder was not notified of the <br />proceedings before the commission or was unaware of the condition of the property <br />unless the lienholder had first appeared before the commission panel and entered an <br />appearance in opposition to the proceedings. <br /> <br />Sec. 7-53. Commission decision final. <br /> <br />If no app<::als are taken pursuant to Section 7-51 herein from the decision of <br />the commission within the required period, the decision of the commission is, in all <br />things, final and binding. <br /> <br />Sec. 7-54. ActiGns by the city. <br /> <br />(a) If a building or structure is not vacated, secured, repaired, removed, or <br />demolished, in accordance with an order of the building and standards commission, <br />the City may vacate, secure, remove, or demolish the building on its own initiative. <br />This provision shall not be interpreted to limit the ability of the City to collect on a <br />bond or other financial guaranty required under Section 7-49(d)(9). <br /> <br />(b) If the City incurs expenses under this section, the City may assess the <br />expenses on, and the City has a lien against (unless it is a homestead as protected by <br />the Texas Constitution), the property on which the building or structure was or is <br />located. The lien is extinguished if the property owner or another person having an <br />interest in the legal title to the property reimburses the City for the expenses. The lien <br />arises and attaches to the property at the time the notice of the lien is recorded and <br />indexed in the office of the Lamar County Clerk. The notice must contain the name <br />and address of the owner if that information can be determined with a reasonable <br />effort, a legal description of the real property on which the building was located, the <br /> <br />Page 14 of 24 <br />
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