ADMINISTRATIVE ADJUDICATION PROCEDURE FOR PREMISES, PROPERTY, AND CERTAIN OTHER VIOLATIONS.

Dallas City Code ch. 27, art. IV-b

in effect

Dallas City Code § 27-16.12 ALTERNATIVE ADMINISTRATIVE ADJUDICATION PROCEDURE.

SEC. 27-16.12. ALTERNATIVE ADMINISTRATIVE ADJUDICATION PROCEDURE. Every violation of an ordinance described by Section 54.032 of the Texas Local Government Code or adopted under Subchapter E, Chapter 683 of the Texas Transportation Code or under Section 214.001(a)(1) of the Texas Local Government Code may be enforced as an administrative offense using the alternative administrative adjudication procedure set forth in this article, as authorized by Section 54.044 of the Texas Local Government Code. The adoption or use of this alternative administrative adjudication procedure does not preclude the city from enforcing a violation of an ordinance described in this section through criminal penalties and procedures. (Ord. Nos. 25927; 29403)

Dallas City Code § 27-16.13 ADMINISTRATIVE CITATION.

SEC. 27-16.13. ADMINISTRATIVE CITATION. (a) An administrative citation issued under this article must: (1) notify the person charged with violating the ordinance that the person has the right to a hearing; (2) provide information as to the time and place to appear before the hearing officer; (3) include the nature, date, and location of the violation; (4) notify the person charged with violating the ordinance of the amount of the administrative penalty for which the person may be liable and provide instructions and the due date for paying the administrative penalty; (5) notify the person charged that any request to have the inspector who issued the citation present at the administrative hearing must be in writing and must be received by the hearing officer at least five calendar days before the scheduled hearing date and that the failure to timely request the presence of the inspector constitutes a waiver of the person's right to require the inspector to be present at the hearing; (6) notify the person charged that failure to timely appear at the time and place of the hearing as set forth in the citation or, if the hearing is continued or postponed, at any subsequent hearing, is considered an admission of liability for the violation charged; and (7) contain a return of service signed by the inspector indicating how the administrative citation was served on the person charged. (b) An administrative citation under this article serves as the summons and charging instrument for purposes of this article. (c) A copy of the administrative citation must be kept as a record in the ordinary course of business of the city by the municipal court clerk. (d) An administrative citation kept by the municipal court clerk is rebuttable proof of the facts it states. (Ord. Nos. 25927; 30236)

Dallas City Code § 27-16.14 SERVICE OF AN ADMINISTRATIVE CITATION.

SEC. 27-16.14. SERVICE OF AN ADMINISTRATIVE CITATION. (a) An attempt must be made to personally serve an administrative citation by handing it to the person charged if the person is present at the time of service or by leaving the citation at the person's usual place of residence with any person residing at such residence who is 16 years of age or older and informing that person of the citation's contents. (b) If an attempt to personally serve the citation fails, the administrative citation must then be served upon the person charged by posting the citation on either: (1) the front door or front gate of the premises or property; or (2) a placard staked to the yard of the premises or property in a location visible from a public street or alley. (c) If service upon the person charged is by posting the citation on the premises or property, a copy of the citation must also be sent to the last known address of the person charged by regular United States mail. If the person charged is the owner of the premises or property, then the last known address of the person is that address kept by the appraisal district of the county in which is located the premises or property that is the subject of the citation, except that if the owner is a corporation or other legal entity, a copy of the citation may be mailed to the registered agent's address on file with the Texas Secretary of State. If the person charged is the person in control of the premises or property, then the last known address of the person is the address of the premises or property. (Ord. Nos. 25927; 30236)

Dallas City Code § 27-16.15 ANSWERING AN ADMINISTRATIVE CITATION.

SEC. 27-16.15. ANSWERING AN ADMINISTRATIVE CITATION. (a) A person who has been charged with a violation of this chapter through an administrative citation shall answer to the charge by appearing in person or through counsel before the hearing officer no later than the 31st calendar day after the date the citation was issued. If the 31st calendar day falls on a day when the court is closed, then the person must appear (in person or through counsel) by the next day that the court is open. (b) An answer to the administrative citation may be made in either of the following ways: (1) By returning the citation, on or before the 31st calendar day from the date the citation was issued, with the applicable administrative penalties, fees, and court costs, which action constitutes an admission of liability. (2) By personally appearing, with or without counsel, before the hearing officer on or before the 31st calendar day from the date the citation was issued and on any subsequent hearing date. The person charged in the administrative citation must be present at the hearing and cannot be represented by anyone other than an attorney who has a license to practice law in Texas, which is in good standing. If the person charged is a corporation or a business entity, the corporation or business entity must be represented by an attorney who has a license to practice law in Texas, which is in good standing. (Ord. Nos. 25927; 30236)

Dallas City Code § 27-16.16 FAILURE TO APPEAR AT AN ADMINISTRATIVE HEARING.

SEC. 27-16.16. FAILURE TO APPEAR AT AN ADMINISTRATIVE HEARING. (a) A person who fails to answer an administrative citation as required by Section 27-16.15 of this chapter is considered to have admitted liability for the violation charged. Upon proof of service by the city, the hearing officer shall issue, in writing, an administrative order of liability and assess against the person charged with the violation an appropriate amount of administrative penalties, fees, and court costs. (b) The hearing officer shall assess an additional $36 administrative penalty for each violation (other than a violation of Section 49-21.1 of this code) for which a person is found liable, which amount will be placed in the Dallas Tomorrow Fund or the Dallas Animal Welfare Fund, as applicable. In no case may the total amount of administrative penalties assessed against a person for a violation exceed the maximum penalty established by city ordinance for the particular violation, and in no case may the total amount of administrative penalties, including the $36 administrative penalty, assessed against a person for a violation be less than the minimum penalty established by city ordinance for the particular violation. (c) Within seven calendar days after the hearing officer files the administrative order of liability with the municipal court clerk, the municipal court clerk shall send a copy of the order to the person charged with the violation. The copy of the order must be sent by regular United States mail to the person's last known address as defined in Section 27-16.14(c). The administrative order must include a statement: (1) of the amount of the administrative penalties, fees, and court costs; (2) of the right to appeal to municipal court before the 31st calendar day after the date the hearing officer's order is filed with the municipal court clerk; (3) that, unless the hearing officer's order is suspended through a properly filed appeal, the administrative penalties, fees, and court costs must be paid within 31 calendar days after the date the hearing officer's order is filed; (4) that, if the administrative penalties, fees, and court costs are not timely paid, the penalties, fees, and costs may be referred to a collection agency and the cost to the city for the collection services will be assessed as costs, at the rate agreed to between the city and the collection agency, and added to the judgment; and (5) that the city may enforce the hearing officer's administrative order by: (A) filing a civil suit for collection of the administrative penalties, fees, and court costs; (B) obtaining an injunction to prohibit specific conduct that violates the order or to require specific conduct necessary for compliance with the order; or (C) both (A) and (B). (Ord. Nos. 25927; 29403; 29618; 30236)

Dallas City Code § 27-16.17 HEARING OFFICERS; QUALIFICATIONS, POWERS, DUTIES, AND FUNCTIONS.

SEC. 27-16.17. HEARING OFFICERS; QUALIFICATIONS, POWERS, DUTIES, AND FUNCTIONS. (a) Hearing officers shall be recommended by the administrative judge and appointed by the city council, and shall serve until a successor is recommended by the administrative judge and appointed by the city council. Hearing officers shall administratively adjudicate violations of ordinances described by Section 54.032 of the Texas Local Government Code or adopted under Subchapter E, Chapter 683 of the Texas Transportation Code or under Section 214.001(a)(1) of the Texas Local Government Code. The city council shall appoint one hearing officer and may appoint a maximum of five associate hearing officers, who shall meet the same qualifications and have the same powers, duties, and functions of the hearing officer. (b) A hearing officer must meet all of the following qualifications: (1) Be a resident of the city of Dallas at the time of employment as a hearing officer and maintain residency in the city throughout such employment. (2) Be a citizen of the United States. (3) Be a licensed attorney in good standing. (4) Have two or more years of experience in the practice of law in the State of Texas. (c) A hearing officer shall have the following powers, duties, and functions: (1) To administer oaths. (2) To accept admissions to, and to hear and determine contests of, premises and property violations under this article. (3) To issue orders compelling the attendance of witnesses and the production of documents, which orders may be enforced by a municipal court. (4) To assess administrative penalties, fees, and court costs in accordance with this article. (5) To question witnesses and examine evidence offered. (6) To suspend the payment of administrative penalties for a specific period of time. (7) To make a finding as to the financial inability of a person found liable of a violation to comply with an administrative order and to refer that person to potential sources of funding to assist the person in complying with the administrative order. (8) To make a finding as to the financial inability of a person found liable of a violation to pay for the transcription of any recording of an administrative hearing and/or to post an appeal bond. (Ord. Nos. 25927; 30236)

Dallas City Code § 27-16.18 HEARING FOR DISPOSITION OF AN ADMINISTRATIVE CITATION; CITATION AS REBUTTABLE PROOF OF OFFENSE.

SEC. 27-16.18. HEARING FOR DISPOSITION OF AN ADMINISTRATIVE CITATION; CITATION AS REBUTTABLE PROOF OF OFFENSE. (a) Every hearing for the adjudication of an administrative citation under this article must be held before a hearing officer. A hearing cannot be held without the presence of the person charged or the person's attorney. (b) At a hearing under this article, the administrative citation is rebuttable proof of the facts that it states. Evidence of compliance with the ordinance after the administrative citation was issued can be taken into consideration by the hearing officer when assessing a reasonable administrative penalty, but the evidence is not considered rebuttal evidence nor does it refute or contradict the allegations made in the citation. (c) The formal rules of evidence do not apply to the hearing, and any relevant evidence will be deemed admitted if the hearing officer finds it competent and reliable. The hearing officer shall make a decision based upon a preponderance of the evidence presented at the hearing, after giving due weight to all rebuttable proof established by this article or other applicable law. (d) Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues, and to rebut evidence; except that, if the person charged fails to make a timely, written request to have the inspector who issued the citation present at the hearing, the person charged will be deemed to have waived the right to call and examine that inspector. (e) The hearing officer may examine any witness and may consider any evidence offered by a witness or person charged with a violation, giving due weight to all testimony and evidence offered. (f) If requested by the hearing officer or any party to the hearing prior to commencement of the hearing, the administrative hearing will be recorded electronically. Failure to timely request that the administrative hearing be electronically recorded constitutes a waiver of the right to have a record of the hearing. The person charged may, at his expense, have a court reporter present in the hearing room during the proceedings. (g) After hearing all the evidence, the hearing officer shall immediately issue an order in writing, either: (1) finding the person charged liable for the violation, assessing the applicable administrative penalties, fees, and court costs, and notifying the person of the right of appeal to municipal court; or (2) finding the person charged not liable for the violation. (h) The hearing officer shall assess an additional $36 administrative penalty for each violation (other than a violation of Section 49-21.1 of this code) for which a person is found liable, which amount will be placed in the Dallas Tomorrow Fund or the Dallas Animal Welfare Fund, as applicable. In no case may the total amount of administrative penalties, including the $36 administrative penalty, assessed against a person for a violation be more than the maximum penalty or less than the minimum penalty established by city ordinance for the particular violation. (i) A person who has been found liable for a violation may, after the hearing officer has issued an administrative order but prior to the conclusion of the hearing, assert financial inability to bring the property or premises into compliance with the order. At that time, the hearing officer shall suspend enforcement of the administrative order for a specific time not to exceed 30 days and set the matter for an indigency hearing pursuant to Section 27-16.19(e), if, in the interests of justice, the attorney for the city believes that a further extension should be granted, the attorney for the city can make a motion to extend the suspension period for a specific time and present the motion to the hearing officer for a ruling. (j) An administrative order of the hearing officer must be filed with the municipal court clerk. (Ord. Nos. 25927; 29403; 29618; 30236)

Dallas City Code § 27-16.19 FINANCIAL INABILITY TO COMPLY WITH AN ADMINISTRATIVE ORDER, PAY FOR TRANSCRIPTION OF A RECORD, OR POST AN APPEAL BOND.

SEC. 27-16.19. FINANCIAL INABILITY TO COMPLY WITH AN ADMINISTRATIVE ORDER, PAY FOR TRANSCRIPTION OF A RECORD, OR POST AN APPEAL BOND. (a) A person found by the hearing officer to be financially unable to comply with an administrative order must be: (1) a resident of the property or premises that is the subject of the administrative order; and (2) the sole owner of the property or premises, except that the person may be a co-owner of the property or premises if all other co-owners cannot be located or are financially unable to comply with the administrative order. (b) A person claiming a financial inability to comply with the administrative order must make that claim prior to the conclusion of the administrative hearing before the hearing officer. (c) A person claiming a financial inability to pay for a transcription of the record and/or to post an appeal bond must make that claim in writing to the hearing officer on or before the seventh calendar day following the administrative hearing. (d) A person claiming a financial inability to comply with an administrative order, to pay for a transcription of the record, and/or to post an appeal bond must have an income that does not exceed 50 percent of the Dallas Area Median Family Income (AMFI) as determined by the United States Department of Housing and Urban Development. (e) After receiving a claim that a person found liable for a violation under this article is financially unable to comply with an administrative order, to pay for a transcription of the record, and/or to post an appeal bond, the hearing officer shall set the matter for hearing and notify all parties of the hearing date by regular United States mail. The hearing officer shall order the person found liable for a violation to bring to the hearing documentary evidence to support the person's claim of financial inability. The hearing officer's determination of whether the person found liable for a violation is financially unable to comply with the administrative order, to pay for a transcription of the record, and/or to post an appeal bond must be based on all information provided to the hearing officer by the person found liable or by the city attorney in opposition to the claim of financial inability. If the hearing officer determines that the person found liable for a violation does not have the financial ability to bring the property or premises into compliance with the administrative order, to pay for a transcription of the record, and/or to post an appeal bond, then the hearing officer shall enter that finding in writing. (f) If the hearing officer finds that a person is financially unable to bring the property or premises into compliance with the administrative order, the hearing officer shall not suspend the finding of liability, but shall suspend the enforcement of the administrative order for a specified period of time, not to exceed 120 days, to allow the person to apply with a Citizen Advocate Program to help bring his or her property into compliance with the administrative order. At the end of the suspension period, if the property or premises is in compliance with the administrative order, the administrative penalty will be waived. If, at the end of the suspension period, the property or premises is still in violation of the administrative order, the administrative penalties, fees, and court costs originally assessed will become due. If, in the interests of justice, the attorney for the city believes that the suspension should be extended, the attorney for the city can make a motion to extend the suspension period for a specific time and present the motion to the hearing officer for a ruling. (g) A Citizen Advocate Program will be created to assist individuals who are found by the hearing officer to be financially unable to comply with an administrative order or who need special assistance regarding an administrative citation. (h) If the hearing officer finds that the person found liable for a violation is financially unable to pay the costs of the transcription of the record and/or to post an appeal bond, these costs will be waived by the city. (Ord. Nos. 25927; 30236)

Dallas City Code § 27-16.20 APPEAL TO MUNICIPAL COURT.

SEC. 27-16.20. APPEAL TO MUNICIPAL COURT. (a) Either party to an action ruled upon by the hearing officer under this article may appeal that determination by filing a petition in municipal court within 31 calendar days after the date the hearing officer's administrative order is filed with the municipal court clerk. An appeal does not stay the enforcement of the order of the hearing officer unless, before the appeal petition is filed, a bond is filed with the municipal court for twice the amount of the administrative penalties, fees, and court costs ordered by the hearing officer. The city is not required to file a bond in order to appeal. An appellant to municipal court may request a waiver of the bond amount on the basis of financial inability to pay, in which case the hearing officer may hold a hearing pursuant to Section 27-16.19 to determine whether the appellant is indigent and whether the bond amount may be waived. If the hearing officer's administrative order is reversed on appeal, the appeal bond will be returned to the appellant. (b) If a person found liable for a violation does not timely appeal the hearing officer's administrative order, the order will become a final judgment. If the administrative penalties, fees, and court costs assessed in the final judgment are not paid within 31 calendar days after the date the hearing officer's order is filed with the municipal court clerk, the administrative penalties, fees, and court costs may be referred to a collection agency and the cost to the city for the collection services will be assessed as costs, at the rate agreed to between the city and the collection agency, and added to the judgment. The city may enforce the hearing officer's administrative order by filing a civil suit for collection of the administrative penalties, fees, and court costs and/or by obtaining an injunction to prohibit specific conduct that violates the administrative order or to require specific conduct necessary for compliance with the administrative order. (c) Any recording of an administrative hearing must be kept and stored for not less than 45 calendar days beginning the day after the last day of the administrative hearing. Any administrative hearing that is appealed must be transcribed from the recording by a court reporter or other person authorized to transcribe court of record proceedings. The court reporter or other person transcribing the recorded administrative hearing is not required to have been present at the administrative hearing. (d) The person found liable for the violation shall pay for any transcription of the recorded administrative hearing unless the hearing officer finds, pursuant to Section 27-16.19, that the person is unable to pay or give security for the transcription. (e) Before the recorded proceedings are transcribed, the person found liable for the violation shall, unless found by the hearing officer to be unable to pay for the transcription, post a cash deposit with the municipal clerk for the estimated cost of the transcription. The cash deposit will be based on the length of the proceedings, and the costs of the court reporter, typing, and other incidental services. If the cash deposit exceeds the actual cost of the transcription, the municipal court clerk shall refund the difference to the person charged. If the cash deposit is insufficient to cover the actual cost of the transcription, the person charged must pay the additional amount before being given the transcription. If a case is reversed on appeal, the municipal court clerk shall refund to the person charged any amounts paid for a transcription. (f) Upon receipt of an appeal petition, the municipal court clerk or deputy clerk shall cause a record of the case to be prepared from the transcript and the statement of facts, which must conform to the provisions relating to the preparation of a statement of facts in the Texas Rules of Appellate Procedure. The appellant shall pay for the statement of facts. If the person found liable for a violation failed to timely request that the administrative hearing be electronically recorded, then that person has waived the right to appeal the administrative order. If the person found liable for a violation timely requested that the administrative hearing be electronically recorded and, through no fault of the person, the recording of the hearing is either unavailable or cannot be transcribed, then the municipal judge shall reverse the hearing officer's order and remand the matter to the hearing officer for a new administrative hearing. (g) Upon receiving the record of the administrative hearing, the municipal judge shall review the record and may grant relief from the administrative order only if the record reflects that the appellant's substantial rights have been prejudiced because the administrative order is: (1) in violation of a constitutional or statutory provision; (2) in excess of the hearing officer's statutory authority; (3) made through unlawful procedure; (4) affected by another error of law; (5) not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or (6) arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion. (h) The municipal judge shall rule on the appeal within 21 calendar days after receiving the record of the administrative hearing. The municipal judge shall affirm the administrative order of the hearing officer unless the record reflects that the order violates one of the standards in Subsection (g) of this section. If the record reflects that the hearing officer's order violated one of the standards in Subsection (g), the municipal judge may either: (1) reverse the hearing officer's order and find the appellant not liable; (2) reverse the hearing officer's order and remand the matter to the hearing officer for a new hearing; or (3) affirm the order, but reduce the amount of the administrative penalties assessed to no lower than the minimum penalty established by ordinance for the particular violation, including the additional $36 administrative penalty. (i) The municipal judge's ruling on the appeal must be issued in writing and filed with the municipal court clerk. A copy of the ruling must be sent to the appellant by regular United States mail at the last known address of the appellant as provided to the municipal court for the appeal. (j) The municipal judge's ruling is a final judgment. If an appeal bond was posted, any administrative penalties, fees, or court costs assessed by the municipal judge or by the hearing officer, if affirmed by the municipal judge, will be deducted from the appeal bond. If no appeal bond was posted, any administrative penalties, fees, or court costs assessed by the municipal judge or by the hearing officer, if affirmed by the municipal judge, must be paid within 30 calendar days after the municipal judge's ruling is filed with the municipal court clerk. If not timely paid, such penalties, fees, and court costs may be referred to a collection agency and the cost to the city for the collection services will be assessed as costs, at the rate agreed to between the city and the collection agency, and added to the judgment. The city may enforce the municipal judge's ruling by filing a civil suit for collection of the administrative penalties, fees, and court costs and/or by obtaining an injunction to prohibit specific conduct that violates the ruling or to require specific conduct necessary for compliance with the ruling. (Ord. Nos. 25927; 30236)

Dallas City Code § 27-16.21 DISPOSITION OF ADMINISTRATIVE PENALTIES, FEES, AND COURT COSTS.

SEC. 27-16.21. DISPOSITION OF ADMINISTRATIVE PENALTIES, FEES, AND COURT COSTS. (a) Except as provided in Subsection (b), administrative penalties, fees, and court costs assessed under this article must be paid into the city’s general fund for the use and benefit of the city. (b) From the administrative penalties assessed under this article, $36 for each violation (other than a violation of Section 49-21.1 of this code) for which a person is found liable must be deposited into the Dallas Tomorrow Fund established in Section 27-16.22 of this article or the Dallas Animal Welfare Fund established under Section 7-8.4 of Chapter 7 of this code, as applicable. (Ord. Nos. 25927; 29403; 29618)

Dallas City Code § 27-16.22 DALLAS TOMORROW FUND.

SEC. 27-16.22. DALLAS TOMORROW FUND. (a) The Dallas Tomorrow Fund is composed of: (1) all Dallas Tomorrow Fund penalties collected under Section 27-16.21(b) of this article; (2) 30 percent of all civil penalties collected by the city for civil lawsuits filed in the municipal court under Subchapter B, Chapter 54 of the Texas Local Government Code, as amended, or under Chapter 214 of the Texas Local Government Code, as amended; and (3) any funds donated by an individual or entity, any of which donations may be refused by a majority vote of the city council. (b) The Dallas Tomorrow Fund must be used for the sole purpose of rehabilitating and repairing properties and premises in the city for persons who are found by the Dallas Tomorrow Fund administrator to be financially unable to comply with a notice of violation issued by the director under this chapter. (Ord. Nos. 25927; 30236)

Dallas City Code § 27-16.23 ADMINISTRATION OF THE DALLAS TOMORROW FUND.

SEC. 27-16.23. ADMINISTRATION OF THE DALLAS TOMORROW FUND. (a) The city manager shall appoint an administrator of the Dallas Tomorrow Fund. The administrator shall adopt policies and procedures consistent with this article for the administration of the fund. (b) To be eligible to receive funds from the Dallas Tomorrow Fund, a person must: (1) have received a notice of violation of this chapter from the director; (2) have been found by the administrator of the Dallas Tomorrow Fund to be financially unable to comply with the notice of violation; (3) file a request with the Dallas Tomorrow Fund administrator for the purpose of rehabilitating and/or repairing the person's property or premises until it complies with the notice of violation; and (4) not have received funds from the Dallas Tomorrow Fund within the preceding 60 months. (c) A person who makes a request to the Dallas Tomorrow Fund administrator is voluntarily requesting that the administrator use the fund to rehabilitate and/or repair the person's property or premises for the sole purpose of bringing the property or premises into compliance with the notice of violation. (d) The administrator is responsible for ensuring that the property or premises is inspected and that a detailed, written project plan is prepared that includes the work proposed, the amount of time the work will take, and the cost of the work. The project plan must include only the work necessary to bring the property or premises into compliance with the notice of violation. (e) A person who files a request with the Dallas Tomorrow Fund administrator does so voluntarily. Before the work on the property or premises begins, the person who filed the request must confirm in writing that he or she: (1) inspected the project plan; (2) approved the project plan; and (3) has understood that he or she has the right to withdraw the request at any time by providing written notice to the Dallas Tomorrow Fund administrator. (f) If the person continues with the request, the person must indemnify the city against any liability resulting from the project, any damages that may occur related to the project, and any damages resulting from any early termination of the project. (g) The administrator shall comply with state law in procuring a contractor to rehabilitate and/or repair the property or premises in accordance with the project plan. (h) The contractor selected by the Dallas Tomorrow Fund administrator has the right to terminate the project at any time pursuant to their contractual agreement and pursuant to policies and procedures adopted by the administrator. Any termination notice must be in writing. The city has no obligation, and is not liable, for any subsequent rehabilitation and/or repair of the property or premises as a result of the termination. (i) If the project is terminated prior to completion for any reason, the administrator may disburse money from the Dallas Tomorrow Fund to pay the contractor for work completed by the contractor. (j) Once the administrator certifies that the project is completed, the administrator shall notify the code officer who wrote the notice of violation and the officer's district manager in writing. The project must then be inspected by the city for the sole purpose of determining whether the property or premises complies with the notice of violation. If the city inspector determines that the property or premises does not comply with the notice of violation, then the city inspector shall send written notice to the administrator that the project is not completed and describe the work that is required before the project will be considered completed. At that point, the administrator shall ensure that the selected contractor will continue the project until once again certifying that the project is completed, at which time the project will again be inspected by the city for the sole purpose of determining whether the property or premises complies with the notice of violation. (k) The administrator may only initiate project plans for projects costing $20,000 or less. No project plan may be initiated by the administrator unless the project cost is less than or equal to the amount in the Dallas Tomorrow Fund at any one time. The administrator shall produce a biannual report of available funds and appropriated funds in the Dallas Tomorrow Fund. If the fund is temporarily out of money, the administrator may not initiate a project plan until such time as there are additional funds equal to or exceeding the amount of the project's cost. If during work on the project, additional funds are needed in order to ensure that the property or premises complies with the notice of violation, the administrator may approve additional funds, not to exceed 25 percent of the maximum project amount allowed by this subsection, for work that was necessary to bring the property or premises into compliance with the notice of violation, but that was not anticipated in the original project plan. Substantial changes to the project plan must be approved in writing by the person who filed the request with the Dallas Tomorrow Fund administrator. (Ord. Nos. 25927; 29618; 30236)

Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-145992Fetched: 10/26/2026