[1]
Editor’s note–Former section 21.01.059 pertaining to the repair, demolition or removal of dangerous buildings and deriving from the Ordinance adopting Code, was repealed and deleted in its entirety by Ordinance 26-16 adopted 8/15/16.
Code official.
When used in the construction codes, shall mean the city building official, deputy-building official, building inspector, or code enforcement officer.
Construction code(s).
The building, residential, plumbing, fuel gas, mechanical, energy, property maintenance and electrical codes as adopted.
Corporation counsel.
When used in the construction codes, shall mean the attorney for the city.
Inspector.
When used in this article, shall mean any peace officer of the state or any official inspector for any department of the city which is charged with code enforcement, including, but not limited to, inspectors for the departments of zoning and fire prevention and the office of building inspection.
Municipality.
When used in the construction codes, shall mean the City of Seagoville.
(Ordinance adopting Code)
Whenever necessary to make an inspection to enforce the provisions of any ordinance or ordinances of the city and the laws of the state and the United States, or whenever any official inspector has reasonable cause to believe there exists in any building or upon any premises a violation of such ordinances or laws, the inspector may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the inspector by such ordinances or laws, provided that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused or if no owner or other person having charge or control of the building or premises can be located, the inspector shall have recourse to every remedy provided by law to secure entry.
(Ordinance adopting Code)
The building official shall be in good health, physically capable of making the necessary examinations and inspections. He shall not have any interest whatever, directly or indirectly, in the sale or manufacture of any material, process or device entering into or used in or in connection with building construction, alterations, removal, or demolition.
(Ordinance adopting Code)
(a) 
The building official shall receive applications required by the construction codes of the city, issue permits and furnish the prescribed certificates. He shall examine the premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely. He shall enforce all provisions of the construction codes. He shall, when requested by proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the codes and render written reports on the same. To enforce compliance with law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction, or to require adequate exit facilities in buildings and structures, he shall issue such notices or orders as may be necessary.
(b) 
Inspections required under the provisions of the construction codes shall be made by the building official or his duly appointed assistants, provided the person who shall make plumbing inspections shall be licensed in accordance with the Plumbing License Law (Vernon’s Ann. Civ. St. art. 6243-101). The building official may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any provision of the construction codes shall be issued on such reports unless the same are in writing and certified by a responsible officer of such service.
(c) 
The building official shall keep comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered, and of notices or orders issued.
(d) 
All such records shall be open to public inspection for good and sufficient reasons at the stated office hours but shall not be removed from the office of the building official without his written consent.
(e) 
The building official shall make written reports to his immediate superior once each month, or oftener if requested, including statements of permits and certificates issued, and orders promulgated.
(f) 
The building official shall perform such other duties, as the city manager shall, from time to time, impose upon the office.
(Ordinance adopting Code)
The building official, or his authorized representative charged with the enforcement of the construction codes, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the building official or employee because of such act or omission performed by him in the enforcement of any provision of the construction codes shall be defended by legal counsel provided by this jurisdiction until final termination of such proceedings. The construction codes shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building, structure or building service equipment therein for any damages to persons or property caused by defects, nor shall the Code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by the construction codes or approvals issued under the construction codes.
(Ordinance adopting Code)
The construction codes of the city shall be administered and enforced by the office of the building official, to provide standards regulating the erection, construction, enlargement, alteration, repair, moving, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the city; providing for the issuance of permits and the collection of fees thereof and the inspection of all operations by the office of the building official.
(Ordinance adopting Code)
On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with city master fee schedule.
(Ordinance adopting Code)
Fee refunds shall comply with the provisions in the city master fee schedule.
(Ordinance adopting Code)
(a) 
Permits required.
No building, structural, plumbing, mechanical and/or electrical system regulated by the construction codes shall be installed, altered, repaired, replaced or remodeled unless a separate permit for each building or structure has first been obtained from the building official. It shall be unlawful for any person, firm or corporation who is not registered by the city as a contractor to secure permits except as provided in section 21.01.049. It shall be unlawful for any person to lend, rent, or transfer an permit, or permit a person without proper license or registration to do the work, or for any person to make use of any such permit which is not actually his own, and any such permit obtained or submitted under these conditions shall be null and void.
(b) 
Application for permit.
To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the city agency for that purpose. Every such application shall:
(1) 
Identify and describe the work to be covered by the permit for which application is made.
(2) 
Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
(3) 
Indicate the use or occupancy for which the proposed work is intended.
(4) 
Be accompanied by plans, diagrams, computations, specifications, and other data as required in subsection (3) of this section.
(5) 
Be signed by permittee, or his authorized agent.
(6) 
Give such other data and information as may be required by the building official.
(c) 
Plans and specifications.
With each application for a permit, and where required by the building official for enforcement of any provision of the construction codes, plans, specifications and calculations shall be submitted in the quantity deemed necessary by the building official. When deemed necessary by the building official to ensure code compliance, the building official may require plans and specifications to be prepared and designed by an engineer licensed by the state. All drawings, specifications and accompanying data involved with the practice of engineering, such as structural, mechanical, plumbing, electrical, heating and cooling, fire, life and safety systems, shall comply with state and local laws governing the practice of engineering as required by article 3271a, Vernon’s Annotated Texas Statutes.
(d) 
Information on plans and specifications.
Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of the construction codes and all relevant laws, ordinances, rules and regulations. Additionally, the plans shall be submitted in a .pdf format on a compact disk (CD) for archiving, if the value of construction exceeds $50,000.00.
(e) 
Permits issuance.
The applications, plans and specifications, and other data, filed by an applicant for permit may be reviewed by other departments of the city to determine compliance with any applicable laws under their jurisdiction. If the work described in an application for a permit and the plans, specifications and other data filed therewith conforms to the requirements of the construction codes and other pertinent laws and ordinances, and the fees specified by the city master fee schedule been paid, the building official may issue a permit therefore to the applicant. When the building official issues the permit where plans are required, he shall endorse in writing or stamp the plans and specifications “APPROVED.” Such approved plans and specifications shall not be changed, modified or altered without authorizations from the building official, and all work shall be done in accordance with the approved plans. The building official may issue a permit for the construction of part of a plumbing, mechanical and/or an electrical system before the entire plans and specifications for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the construction codes. The holder of such permit shall proceed at his own risk with assurance that the permit for the entire building, structure or building service will be granted.
(f) 
Retention of plans.
One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. One set of approved plans, specifications and computations shall be retained by the building official until final approval of the work.
(g) 
Validity of permit.
The issuance of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of the construction codes, or of any other ordinance of the city, nor shall the issuance of a permit or approval of plans be construed as representing or warranting the safety or lack of defects of any work described therein. No permit presuming to give authority to violate or cancel the provisions of the construction codes shall be valid. The issuance of a permit based upon plans, specifications and other data shall not prevent the building official from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on there under when in violation of the construction codes or of any other ordinances of the city.
(h) 
Expiration.
Every permit issued by the building official under the provisions of the construction codes shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 90 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 90 days or more. Upon expiration of such permit, no construction shall be permitted without first having obtained a new permit and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.
(i) 
Suspension or revocation.
The building official may, in writing, suspend or revoke a permit issued under the provisions of the construction codes whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of the city.
(Ordinance adopting Code)
(a) 
General.
All work for which a permit is required by the construction codes shall be subject to inspection by the building official. No portion of any work intended to be concealed shall be concealed until inspected and approved. Neither the building official nor the city shall be liable for expense entailed in the removal or replacement of any material necessary to allow inspection. When the installation is complete, an additional and final inspection shall be made. Electrical systems and equipment regulated by the construction codes shall not be connected to the energy source until authorized by the building official.
(b) 
Inspection requests.
It shall be the duty of the person doing the work authorized by a permit to notify the building official that such work is ready for inspection. The building official may require that every request for inspection is filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the building official. It shall be the duty of the person requesting inspections required by the construction codes to provide access to and means for proper inspection of such work.
(c) 
Operation of electrical equipment.
The requirements of this section shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been filed with the building official not more than 48 hours after such replacement work is completed and before any permanent portion of the building conceals any portion of such electrical system.
(d) 
Other inspections.
In addition to the called inspections required by the construction codes, the building official may make or require other inspections of any work to ascertain compliance with the provisions of this code and other laws which are enforced by the code enforcement agency.
(Ordinance adopting Code)
(a) 
Permitted.
When approved by the building official, third party organizations may be permitted to perform the plan review and/or field inspection provisions of this code. When authorized to perform services, the third party organization shall comply with the provisions of this section.
(b) 
Plan review.
(1) 
Performance of plan review by a third party organization shall not exempt or otherwise relieve the owner and/or other parties from the submittal for a permit with the appropriate plans as prescribed in this code.
(2) 
Along with the submittal of plans, documents as required by the building official shall also be submitted with the following information:
(A) 
Name of the third party organization and all individuals involved in the plan review.
(B) 
Listing of the plan review results including but not limited to the construction type, occupancy group, occupant load, area calculations, story calculations, height measurements, and exiting calculations.
(C) 
Other information as required by the building official.
(c) 
Field inspections.
(1) 
Whenever the owner/builder wishes to use a third party organization for field inspection, he shall submit the appropriate forms to the building official for approval before inspections commence. The building official shall review the application to confirm that the chosen third party organization is approved and has all required insurance.
(2) 
The building official shall have a right to make periodic site visits, at his discretion, to review and inspect the work under construction. Whenever possible, the building official will attempt to coordinate such visits with the third party organization.
(3) 
The building official shall maintain full interpretation authority of all affected codes as well as the authority to require corrections, including, but not limited to, notices, stop work orders and/or citations.
(4) 
The project may proceed with construction only upon approval of the third party organization after performing the inspections as required by this code or as otherwise required by the building official. If, upon review, the building official believes that compliance with all applicable codes has not been achieved, the building official shall retain the right to require corrections. If corrections are required, the owner/builder and third party organization may propose methods of correction that do not require uncovering of completed work. However, the building official may require uncovering of completed work after consideration of the extent of the work involved versus the level of compliance needed and then only as a last resort when the building official determines that the proposed methods of correction will not result in adequate compliance.
(5) 
The third party organization shall issue to the owner/builder and the building official a formal inspection report for each inspection completed, verifying either that the work inspected is in compliance with this code or specifically detailing corrections necessary to bring such work into conformance with said codes and regulations.
(6) 
The third party organization shall notify the building official if, at any time, the owner/builder fails to correct construction deficiencies as noted or if the owner/builder covers work prior to inspection or otherwise hinders the ability of the third party organization to perform required inspections.
(d) 
Insurance.
The third party organization shall obtain and maintain insurance coverage as prescribed by the building official.
(e) 
Indemnification.
The third party organization, the builder and the owner shall execute an indemnification agreement in a form approved by the city attorney.
(f) 
Conflict of interest.
The licensed architect, registered engineer, or other authorized person, entity or corporation who prepared or supervised preparation of the project plans and/or specifications, along with, the owner, builder, subcontractor, their agents, officers and employees shall not be associated in any way with the third party organization.
(g) 
Qualifications.
The third party organization shall submit documents, as required by the building official, to show adequate training, knowledge and/or certification in the fields upon which service is to be rendered. The building official shall review the documents along with proof of required insurance and all required executed agreements. If in compliance, the building official shall approve the third party organization. If not approved, or if approval is revoked for just cause by the building official, the third party organization may appeal to the building and standards commission. Just cause may include but not be limited to violation of any provision of this ordinance, loss or expiration of required insurance, violation of the conflict of interest provision or any action that may result in the questioning of qualifications.
(h) 
Certificate of occupancy.
A certification of occupancy shall be issued, when necessary, by the building official upon completion of all requirements specified above and, upon completion of all requirements of any other affected department of the city. Such completion shall be determined upon the submittal of all inspection reports by the third party organization noting that all required construction inspections have been approved and after the building official has perform and approve a final inspection when deemed necessary.
(Ordinance adopting Code)
(a) 
Registration of contractors.
Each contractor shall be required to maintain a registration with the city before performing any type of construction work. Each contractor shall furnish the building inspection department with the following information:
(1) 
Contractor classification.
(2) 
Company name.
(3) 
Company mailing address.
(4) 
Company phone number.
(5) 
Principal owner’s name and mailing address.
(6) 
Proof of valid driver’s license number for principal and/or individual who will be completing work in the city.
(7) 
Certificate of liability insurance with a minimum coverage of $300,000.00 per occurrence, naming the city as a certificate holder.
(8) 
If licensed by the state, a copy of all state licenses.
(b) 
Registration fee.
For a contractor registration, a fee shall be paid in addition to the other provision provided herein. The fee for initially establishing registration data shall be in accordance with the city master fee schedule. The annual renewal fee for continuing the validity of registration data shall be in accordance with the master fee schedule.
(c) 
Registration renewal.
Contractor registration is valid for each calendar year, beginning the date the registration is approved or January 1st, and expiring on December 31st of each year. The registration may be renewed for the ensuing calendar year by filing a new registration and the payment of a renewal fee as set forth herein. No refund shall be made in the event of the revocation or surrender of any such registration certificate.
(d) 
Registration denial.
The registration of a contractor may be denied by the building official or the registration may be revoked by the building and standards commission if the registration is issued on the basis of incorrect information supplied by the contractor.
(e) 
Registration revocation and suspension.
(1) 
In the event of outstanding violations of city requirements, the building official may call for a hearing before the building and standards commission for revocation or suspension of a contractor’s registration. A hearing shall be held after the contractor has been given notice of the hearing by personal service or certified mail, return receipt requested, at least ten days prior to the hearing date.
(2) 
The building and standards commission shall hold a hearing, and if the contractor is found to have violated city requirements, then the commission may order the contractor’s registration to be suspended for a specified period of time. If more than three violations of city requirements occur within one calendar year, then the commission may revoke the contractor’s registration for one year. After the one-year revocation, the contractor may reapply for registration.
(3) 
After the hearing, the contractor shall be notified in writing of the determination of the building and standards commission by personal service or certified mail, return receipt requested.
(Ordinance 12-14 adopted 9/15/14; Ordinance adopting Code)
It shall be unlawful for any person, firm, or corporation to lend, rent, or transfer a construction registration issued by the city to another other person firm, or corporation for any purpose.
(Ordinance adopting Code)
(a) 
In addition to the permit fees provided for in the plumbing, electrical, mechanical and building codes of the city an additional fee shall be charged for each second (or more) reinspection made for plumbing, electrical, mechanical or building construction.
(b) 
This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.
(c) 
In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid and recorded at the building official’s office.
(d) 
Reinspection fees shall be in accordance with the city master fee schedule.
(Ordinance adopting Code)
The construction permit shall be posted in plain view at the site of construction during the entire period of construction.
(Ordinance adopting Code)
Upon notice from the code official, any work that is being done contrary to the provisions of the construction codes or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a violation and penalties in accordance with section 21.01.054 of this article.
(Ordinance adopting Code)
Nothing contained in this article shall prevent any person from actually doing his own construction work on his own residentially zoned property or premises, provided the property is occupied by him, as his homestead, that a permit is paid for and obtained, that the materials, equipment, and work be in strict accordance with the construction rules and regulations of this article, and the building official’s approval can be obtained upon inspection in regular order. The property owner must actually perform the work; no other than the actual owner shall do any part of it, unless the other persons hold a state license and registrations with the city as a contractor.
(Ordinance adopting Code)
Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
(Ordinance adopting Code)
(a) 
The provisions of the construction codes are not intended to prevent the use of any material or method of construction not specifically prescribed by the construction codes, provided any alternate has been approved and its use authorized by the building official.
(b) 
The building official may approve any alternate, provided he finds that the proposed design is satisfactory and complies with the provisions of the construction codes and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the construction codes in suitability, strength, effectiveness, fire resistance, durability and safety.
(c) 
The building official shall require that sufficient evidence or proof be submitted to substantiate any claims regarding the use of alternates. Provided, however, that the approval or authorization of any alternate shall not be construed as warranting or representing the safety of any approved alternate.
(Ordinance adopting Code)
Whenever there are practical difficulties involved in carrying out the provisions of the construction codes, the building official may grant modifications for individual cases, provided he shall first find that a special individual reason makes the strict letter of the construction codes impractical and the modification is in conformity with the intent and purpose of this code, and that such modification does not lessen health, life and fire safety requirements.
(Ordinance adopting Code)
(a) 
Whenever there is insufficient evidence of compliance with any of the provisions of this code or evidence that materials or construction do not conform to the requirements of this code, the building official may require tests as evidence of compliance to be made at the sole expense of the person providing such materials or performing such construction.
(b) 
Test methods shall be as specified by this code or by other recognized test standards. In the absence of recognized and accepted test methods for the proposed alternate, the building official may determine test procedures.
(c) 
All tests shall be made by an approved agency. The building official shall retain reports of such tests for a period deemed appropriate by the building official.
(Ordinance adopting Code)
Any person who shall violate a provision of the construction codes or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official or of a permit or certificate issued under the provisions of the construction codes, shall be guilty of a misdemeanor, punishable by a fine of not more than two thousand dollars ($2,000.00) per day per violation. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(Ordinance adopting Code)
In accordance with chapter 54 of the Local Government Code, the board of adjustment of the city shall sit as a building and standards commission, with the powers and duties imposed therein. Members of the board, when serving in the capacity of a building and standards commission, must meet the same qualifications and serve for the same terms of office as members of the board of adjustment.
(Ordinance adopting Code)
(a) 
Any person aggrieved by any interpretation or by any decision or ruling of the building official under the construction codes, shall have the right to make an appeal to the building and standards commission. Notice of appeal shall be in writing and must be filed within 30 days. The notice of appeal fee shall be in accordance with the city master fee schedule. Such an appeal shall be considered at a commission meeting and shall be subject to the regulations contained herein for commission meetings.
(b) 
Within a period of 30 days from the filing of the appeal, the commission shall hear the appeal, together with the testimony of all parties concerned, and render a decision thereon. In hearing such an appeal, the commission shall not have the power to waive or set aside the requirements of the construction codes, but shall have the power to interpret its provisions, and in case of alternate types of construction or materials, shall determine whether such alternate types of construction or material is in fact equal to the standards of the construction codes, considering adequacy, stability, strength, sanitation and safety to the public health and welfare.
(Ordinance adopting Code)
(a) 
The board may adopt rules not inconsistent with this article. Meetings of the board will be held at the call of the chairman, or in his absence the acting chairman, or as the board may determine from time to time. The chairman or in his absence, the acting chairman may administer rolls and compel the attendance of witnesses. All meetings are open to the public.
(b) 
The building official or his designated representative may act as secretary to the board, but shall not be a member. The secretary shall keep a record of the cases, activities, and actions of the board and its determinations, give notice of the date and time of hearings, and perform such other duties as are consistent with or may be necessary for the enforcement of this article.
(c) 
Notice of all proceedings before the board shall be given:
(1) 
By personal delivery or 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 the affected property sent to the last known address, and each mortgagee, lienholder and each holder of a recorded lien against the affected property, as shown by the records of the county clerk of the county in which the affected property is located if the address of the lienholder can be ascertained from the deed of trust establishing lien or other applicable instruments on file in the office of the county clerk; and
(2) 
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 as practicable;
(3) 
The notice shall be mailed and posted before the tenth day preceding the date of the hearing before the board and must state the date, time, and place of the hearing. In addition, the notice must be published in a newspaper of general circulation in the city on one (1) occasion before the tenth day preceding the date fixed for the hearing;
(4) 
The notice shall contain the following:
(A) 
An identification, which is not required to be a legal description of the building and the property on which it is located;
(B) 
A description of the violation of the municipal standards that is present at the building; and
(C) 
A statement that the city will vacate, secure, remove, repair, or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time.
(5) 
If the notice sent to the last known address of the person being notified is returned undelivered, the building official may serve the notice personally if the person to be notified can be found in Dallas County, Texas. If notice sent to an owner is returned undelivered, and after diligent search, the building official is unable to discover a correct address for the owner or is unable to serve the owner personally, then the building official shall give notice by publication in the official newspaper of the city at least five (5) days before the hearing.
(d) 
At each hearing of the board an owner, lessor, occupant, or lienholder may present witnesses in his own behalf and is entitled to cross-examine any witnesses appearing against him.
(e) 
A quorum for the conduct of business shall consist of four (4) members of the board. The members of the board shall regularly attend meetings and public hearings of the board. No action can be taken by the board without four affirmative votes of the board. No members of the board shall abstain from participation unless they have a conflict of interest as defined by state law or local ordinance. The chairman may participate in the discussion of all matters coming before the board and shall be entitled to vote.
(f) 
After a public hearing, the decision of the board is final as to the administrative remedies.
(g) 
Once the decision of the board has become final under this article, the person affected by the order may appeal the decision to the state district court, by filing a petition with the district court within thirty (30) calendar days after the date a copy of the final decision of the board is personally delivered, mailed by first class mail, with certified return receipt requested, or delivered by the United States Postal Service using signature confirmation service, to all persons whom notice is required to be sent. The board shall mail such copy promptly after the decision becomes final. In addition, a copy shall be published one (1) time in the official newspaper of the city within ten (10) calendar days after the date of the mailing of the copy as herein provided, and a copy shall be filed in the office of the city secretary. On presentation of the petition, the court may allow a writ of certiorari pursuant to subchapter C, chapter 54, Local Government Code of the state, as amended. If no appeals are taken from the decision of the board within the required period, the decision of the board shall, in all things, be final and binding. The appeal in district court shall be limited to a hearing under the substantial evidence rule.
(Ordinance 27-14 adopted 10/6/14; Ordinance adopting Code)
(a) 
A person commits an offense if he fails to correct a violation of this article in compliance with a board order that has become final.
(b) 
It is a defense to prosecution under subsection (a) that the board order has been appealed to the state district court.
(Ordinance adopting Code)