§ 6-173. Enforcement; appeal to district court under substantial evidence rule; lien priority.

(a)

Any owner, lienholder, or mortgagee of record, aggrieved by an order of the BSB under this article VIII may file in district court a verified petition setting forth that the decision is illegal, in whole or part, and specifying the grounds of the illegality. The petition must be filed within thirty (30) calendar days after the respective dates a copy of the final decision of the BSB is mailed to them by first class mail, certified return receipt requested, or such decision shall become final as to each of them upon expiration of each such 30-calendar-day period.

(b)

In any judicial contest challenging the city's rights under this ordinance, the city shall pursue recovery of its attorney's fees as allowed by the Texas Local Government Code.

(c)

An aggrieved party's appeal from an order of the BSB, when made to the district court, shall be limited, according to law, to a hearing under the substantial evidence rule, where under the court may reverse or affirm, in whole or part, the BSB's decision. Accordingly, costs may not be allowed against the city.

(d)

The lien securing payment of civil penalties or the costs of repairs, removal, or demolition, as the case may be, is inferior only to any previously and duly recorded bona fide mortgage liens, as prescribed by state law. The city's lien is superior to all other previously recorded judgment liens, and shall accrue interest at the rate of ten (10) percent a year, or as allowed by law, from the date of assessment until paid in full.

(Ord. No. 85915, § 2, 4-17-97; Ord. No. 2011-05-05-0354, § 5, 5-5-11)