§ 8-46. Judicial review of a building and standards commission order.

(a)

Any owner, lienholder or mortgagee of record, jointly or severally aggrieved by an order of the commission, may file in Dallas County District Court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be filed with the court within thirty (30) calendar days after the respective dates a copy of the order of the commission is personally delivered, mailed by first class mail, certified return receipt requested or delivered to them by the United States Postal Service using signature confirmation service to all persons to whom notice is required to be sent under Section 54.035 of the Texas Government Code. Notice of the order shall be pursuant to section 8-43 herein. If a petition is not filed within the thirty-calendar day period by an owner, lienholder or mortgagee, the order of the commission shall become final as to that owner, lienholder or mortgagee upon the expiration of such thirty-calendar day period.

(b)

On filing of the petition, the district court may issue a writ of certiorari directed to the commission to review the decision and order of the commission and shall prescribe in the writ the time within which a return on the writ must be made, which must be longer than ten (10) days and served on the relator or the relator's attorney.

(c)

The commission may not be required to return the original papers acted on by it, but it is sufficient for the commission to return certified or sworn copies of the papers or of parts of the papers as may be called for by the writ.

(d)

The return must concisely set forth other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(e)

The allowance of the writ does not stay proceedings on the commission decision appealed from.

(f)

The district court's review of the order of the commission shall be in accordance with Sections 214.0012 and 54.039, Texas Local Government Code.

(Ord. No. 2008-9000, § 2, 10-2-08)