§ 8-40. Notice of proceedings.

(a)

Notice of proceedings before the building and standards commission panel shall be given:

(1)

By personal delivery, by certified mail with return receipt requested or by delivery by the United States Postal Service using signature confirmation service to the record owners of, and each holder of a recorded lien against, the affected property as shown by the records in the Office of the Dallas County Clerk if the address of the lienholder can be ascertained from the deed of trust establishing the lien and/or other applicable instruments on file in the office of the Dallas County Clerk;

(2)

The owner or manager shown on the current license on file with the city, if applicable; and

(3)

To all unknown owners by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable.

(b)

The notice must be:

(1)

Posted and either personally delivered or mailed on or before the tenth day before the date of the hearing before the commission panel and must state the date, time and place of the hearing; and

(2)

Published in a newspaper of general circulation in the City of Irving on one occasion on or before the tenth day before the date fixed for the hearing.

(c)

The commission may file notice of a proceeding before a commission panel in the Dallas County Official Public Records of Real Property. The notice must contain the name and address of the owner of the affected property, if that information can be determined from a reasonable search of the instruments on file in the office of the Dallas County Clerk, a legal description of the affected property and a description of the proceeding. The filing of the notice is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after the filing of the notice and constitutes notice of the proceeding on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice.

(d)

The city must exercise due diligence to determine the identity and address of a property owner or lienholder to whom the city is required to give notice. The city exercises such due diligence when it searches the following records:

(1)

Dallas County Official Public Records of Real Property;

(2)

Dallas County Appraisal District records;

(3)

Texas Secretary of State records, if the property owner or lienholder is a corporation, partnership or other business association;

(4)

Dallas County assumed name records;

(5)

City tax records; and

(6)

City utility records.

(e)

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

(Ord. No. 2008-9000, § 2, 10-2-08)