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03&04 Substandard Building Ord
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03&04 Substandard Building Ord
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Last modified
9/12/2012 9:48:04 AM
Creation date
5/24/2002 8:40:08 PM
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Template:
AGENDA
Item Number
4
AGENDA - Type
ORDINANCE
Description
Substandard Building Ordinance
AGENDA - Date
5/30/2002
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be in violation of the terms of this article, it shall be ordered <br />demolished and removed. <br />(4) If open to the public such as to constitute a threat to public health or <br />safety, the commission may order such building secured by such <br />means as the commission shall deem appropriate. <br />(g) Civil penalties final. <br />(1) An assessment of a civil penalty by the commission as provided in this <br />article is final and binding and constitutes prima facie evidence of the <br />penalty in any court of competent jurisdiction in a civil suit broughtby <br />the City for final judgment as provided elsewhere herein. <br />(2) To enforce any civil penalty as assessed hereunder, the City Clerk <br />shall file with the district clerk of Lamar County a certified copy of <br />the commission's order establishing the amount and duration of the <br />civil penalty. No other proof is required for a district court to enter <br />final judgment on said penalty. <br />Section 7-50. Judicial review. <br />(a) Any owner, lienholder, or mortgagee of record jointly or severally <br />aggrieved by any order or decision of the commission may present a <br />petition to a district court, duly verified, setting forth that the order or <br />decision is illegal, in whole or in part, and specifying the grounds of <br />the illegality. The petition must be presented to the court within 30 <br />calendar days,after the date a copy of the final order or decision of the <br />commission is personally delivered or mailed by first class mail, <br />certified return receipt requested, to all persons to whom notice is <br />required to be sent by this article. <br />(b) On presentation of the petition, the court may allow a writ of certiorari <br />directed to the commission to review the decision of the commission <br />and shall prescribe in the writ the time, which tnaynat be less than 10 <br />calendar days, within which a return on the writ must be made and <br />served on the relator or the relator's attorney. <br />(c) The commission may not be required to return the original papers <br />acted on by it. It is sufficient far the commission to return certified or <br />sworn copies of the papers or parts of the papers as may be called for <br />by the writ. <br />Page 12 of 24 <br />
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