Mediation is a formal meeting in which disputing
parties attempt to find a solution that satisfies both parties.
Trained volunteers provide guidance. The goal is to reach a written
agreement that satisfies both parties. Mediators use communication
techniques to keep discussions focused on a solution. Since mediators
are neutral, they can help identify the real issues underlying the
dispute. The final, written agreement is the only record kept from the
mediation session.
If Arlington residents participate in mediation
voluntarily, by a special agreement there is no charge at this time at
Dispute Resolution Services of North Texas, Inc. People who are
referred by the court will pay the administration fee, usually $35.
Traditional approaches to disputes – such as
taking a party to court, or issuing a citation – cost time and
money, and do not resolve the underlying issues. As a result, the
disputes continue. Mediation can break that cycle by addressing real
issues that lead to a win-win resolution. For more information,
contact
Summary Abatement
Some codes enable Cities to hire contractors to
remove violations, bill the property owner, and lien the property for
expenses and fees if the bill is not paid within 60-120 days. High
weeds and grass, unclean premise, and junked vehicles are examples
where this is the case. Liens are subordinate only to tax liens and
previously recorded mortgage liens, and prevent a lengthy collections
effort.
Liens
When abatements are necessary, ordinance allows the
City to place a lien on a property for the cost of abatement and
associated administrative fees.
Civil Remedies
In cases such as Dangerous Building Hearings, staff
may request that the Judge assess civil penalties instead of expenses, in order to gain a
property owner’s attention with higher dollar amounts. The
assessment of civil penalties requires an enabling order by a judge or
citizen board, as specified in the individual laws. Penalties can
range up to $1,000 per day depending on the severity of the code
violations and the past code compliance history of the violator.
Complaint Affidavit
Occasionally complaints are received for violations
which a Code Officer does not personally observe. This can occur
with violations that happen infrequently such as parking in the yard
or traffic at random times of the day to a home business that is not
allowed. Residents who have observed these occurrences can file a
complaint affidavit with the City Attorney’s Office and request that
the court issue a citation based on their willingness to testify in
court as to its existence, in place of a Code Officer.
Certificate of Occupancy Revocation
A rarely used, but available, option is the revocation by the City’s
Building Official of a business’ or multi-family complex’s
Certificate of Occupancy. When such a business refuses to comply with
City ordinances and other enforcement actions have failed, the City
can request that the Certificate of Occupancy for the building be
revocated. Examples include establishments conducting
business operations that are not covered by their CO, zoning
violations, or businesses
the operation of which constitutes a life/safety hazard.
