PRESUMPTION HEARING.
Fort Worth City Code § 23-104
in effect§ 23-104 PRESUMPTION HEARING.
(a) If the chief of police or director determines that the presumptions in Section 23-103 are met, the chief or director shall notify the owner of the property, in writing, of the chiefs or director's preliminary determination and shall provide the owner with notice to attend a presumption hearing where the owner may provide evidence that they are not knowingly tolerating the criminal activity or code violations. The notice must include a copy of this article.
(b) At the presumption hearing:
(1) The presumed owner may present evidence that the person is not the owner of the commercial property or that the owner has taken effective measures to abate criminal activity or code violations, including that the owner:
a. Has implemented CPTED principles at the property;
b. Has implemented monitoring and surveillance systems at the property;
c. Is in compliance with all regulations governing the owner's business;
d. Is reporting criminal activity to the police department and cooperating with the police, as requested; and
e. Is demonstrating to the director that the owner is taking proactive steps to abate code violations on the property; and
(2) The city attorney or an assistant city attorney may attend the hearing as the chiefs or director's legal counsel and the owner may bring legal counsel.
(c) The chief or director shall make all reasonable efforts to schedule the presumption hearing during a time when the owner is available.
(d) After the presumption hearing, the chief or director shall provide the owner with written notice of the chiefs or director's final determination as to whether the presumptions under Section 23-103 have been met and if the property is a habitual nuisance property. If the owner does not appear for the presumption hearing, the chiefs or director's determination is final as of the date of the presumption hearing provided in the notice.
(Ord. 28369-03-2026, § 2, passed 3-10-2026, eff. 3-27-2026)
Source: City of Fort Worth, Code of Ordinances, City Charter and Zoning Ordinance (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-77741Fetched: 10/26/2026