APPEAL FROM CHIEF OR DIRECTOR'S DETERMINATION.
Fort Worth City Code § 23-105
in effect§ 23-105 APPEAL FROM CHIEF OR DIRECTOR'S DETERMINATION.
(a) The chief or director's determinations made in accordance with Sections 23-103 and 23-104 are final unless the owner files a written notice of appeal to the clerk of the municipal court. The appeal shall be heard by the city's hearing officer. The notice of appeal must be filed not later than ten calendar days after the date the owner receives notice of the chief or director's final determination. An owner who does not attend the presumption hearing is not entitled to an appeal under this section. Only the owner is entitled to an appeal under this article.
(b) If a written notice of appeal is filed under subsection (a) with the municipal court within the ten-day limit, the hearing officer shall hear the appeal. The clerk shall set a date for the hearing and notify the owner.
(c) The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make a ruling based on a preponderance of the evidence presented at the hearing.
(d) In deciding the appeal, the hearing officer shall determine whether the presumptions in Section 23-103 were met at the time of the chiefs or director's determination. The owner shall have the burden of proof to rebut the existence of the presumptions by providing evidence that the owner did not knowingly tolerate the criminal activity or code violations, including any evidence that the owner took measures provided under Sec. 23-104(b).
(e) The hearing officer may affirm or reverse the final determination of the chief or director. The decision of the hearing officer is final.
(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/0-0-0-77754Fetched: 10/26/2026
