DISCUSS
ORDINANCES TO CREATE
NORTH RICHLAND HILLS MUNICIPAL COURT.
PROPOSED
AMENDMENTS
TO
THE
CITY'S
CODE
OF
2.
A
CODE ENFORCEMENT COURT IN THE
Deputy City Manager Paulette Hartman advised City Council that staff discussed the
option of creating a Civil Court at their December 12, 2022 meeting. At this meeting,
City Council directed staff to bring forward a proposed ordinance. Tonight the City
Attorney, Director of Neighborhood Services and Municipal Court Clerk will present the
process and costs associated with creating a Civil Court.
City Attorney Maleshia McGinnis informed City Council that the City Manager's Office,
City Attorney's Office, Neighborhood Services, and Municipal Court collectively worked
together to bring forward a proposed ordinance to create a Civil Court to address code
enforcement violations. The proposed ordinance amends Chapter 58 of the City Code of
Ordinances to authorize expansion of the City's Municipal Court of Record and
authorizes the appointment of an Associate Judge for Court No. 2. The expansion adds
a second court, which will be referred to as "Municipal Court Division No. 2". The
ordinance provides that the Associate Judge will be appointed by the City Council.
Ms. McGinnis reviewed the administrative enforcement process for designated nuisance
abatement cases. The initial violation is identified by a code officer and the property
owner has ten (10) days to comply. If compliance is not met, a hearing is set to appear
in court. A case manager conducts an initial review of the alleged violation(s) with the
citizen(s) and how to comply. Anyone charged with a violation is entitled to an
administrative hearing. A hearing officer (licensed attorney) will review the case and
discuss options for compliance. The hearing officer is charged with issuing an order
determining whether a person is liable or not liable for violation. The hearing officer may
make indigent determinations. Ms. McGinnis mentioned a failure to appear at a hearing is
considered an admission of liability. A person has the right to appeal the hearing officer's
order to the court after posting a bond. The enforcement of order includes the filing of a
lawsuit, the use of a collections agency to collect the penalty, and obtaining an injunction
for specific compliance with the ordinance. Ms. McGinnis reviewed the civil action
process for a Civil Court. The proposed ordinance provides concurrent jurisdiction for
the Municipal Court to hear civil lawsuits for designated nuisance abatement cases under
Subchapter B, Chapter 54 of the Texas Local Government Code. The lawsuits will be filed
by the City Attorney's Office for enforcement of administrative order, egregious cases, or
habitual violators. The creation of a Civil Court eliminates the $1,500 filing fee for district
court and will reduce the timeline between issuance of notice of violation and filing a
lawsuit as necessary to obtain compliance. The penalty range graduates from a minimum
$250.00 fine, or up to $1,000 per day for first violation to a minimum of $500 fine for
second violation, or up to $1,000 per day, and a minimum of $750 fine for third violation,
or up to $1,000 per day. Ms. McGinnis informed City Council the hearing officer will have