§ 8-65. Notice for enforcement.

(a)

Notice to an owner of real property for the purpose of enforcing The Code of Civil and Criminal Ordinances of the City of Irving, Texas, may include the following statement in the notice: "According to the real property records of Dallas County, you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 20th day after the date you receive this notice. If you do not send the affidavit, it will be presumed that you own the property described in this notice, even if you do not." The notice must be delivered in person or by certified mail, return receipt requested.

(b)

If the city sends a notice to the owner of the property to which the notice relates as shown on or after the tenth day before the date notice is sent by the Dallas County real property records, and the record owner no longer owns the property, the record owner shall execute an affidavit provided with the notice by the governmental entity stating:

(1)

That the record owner no longer owns the property; and

(2)

The name and last known address of the person who acquired the property from the record owner.

(c)

The record owner shall deliver the affidavit in person or by certified mail, return receipt requested, to the code enforcement director not later than the twentieth day after the date the record owner receives the notice.

(d)

If the code enforcement director receives an affidavit under subsection (c), the code enforcement director shall send the appropriate notice to the person named in the affidavit as having acquired the property. A notice sent under this subsection must include the statement authorized by subsection (a)(1).

(e)

If the code enforcement director receives an affidavit under subsection (c), he or she shall:

(1)

Maintain the affidavit on file for at least two (2) years after the date the entity receives the affidavit; and

(2)

Deliver a copy of the affidavit to the chief appraiser of the appraisal district in which the property is located.

(f)

The city is considered to have provided notice to a property owner if the city complies with the statute, rule, regulation, or ordinance under which the notice is sent and if it:

(1)

Complies with subsection (a) and does not receive an affidavit from the record owner; or

(2)

Complies with subsection (d) and does not receive an affidavit from the person to whom the notice was sent under subsection (d).

(g)

If the city complies with this section and does not receive an affidavit under subsection (c), the record owner is presumed to be the owner of the property for all purposes to which the notice relates.

(h)

For purposes of this section, "real property" does not include a mineral interest or royalty interest.

(i)

All notices herein shall be sent or given by the code enforcement director.

(Ord. No. 2008-9000, § 2, 10-2-08)