§ 15.28.160. Judicial review.

A.

Any owner, lienholder, or mortgagee of record of property jointly or severally aggrieved by an order of a city council issued under this chapter and V.T.C.A., Local Government Code § 214.001 may file in 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 by an owner, lienholder, or mortgagee within 30 calendar days after the respective dates a copy of the final decision of the municipality is personally delivered to them, mailed to them by first class mail with certified return receipt requested, or delivered to them by the U.S. Postal Service using signature confirmation service, or such decision shall become final as to each of them upon the expiration of each such 30 calendar day period.

B.

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

C.

The city may not be required to return the original papers acted on by it, but it is sufficient for the municipality 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 issuance of the writ does not stay proceedings on the decision appealed from.

F.

Appeal in the district court shall be limited to a hearing under the substantial evidence rule. The court may reverse or affirm, in whole or in part, or may modify the decision brought up for review.

G.

Costs may not be allowed against the city.

H.

If the decision of the municipality is affirmed or not substantially reversed but only modified, the district court shall allow to the city all attorney's fees and other costs and expenses incurred by it and shall enter a judgment for those items, which may be entered against the property owners, lienholders, or mortgagees as well as all persons subject to the proceedings before the city.

(Ord. No. 2016-11 , § 3, 9-13-2016)