Municipal Court Rules of Procedure
MUNICIPAL COURT RULES OF PROCEDURE
FOR HEARINGS UNDER 7-102A, 7-103, and 7-106 of the Fort Worth Code of Ordinances
I. Authority
1.1 JURISDICTION
Section 30.00005 of the Texas Government Code provides the municipal court with civil jurisdiction for the purpose of enforcing municipal ordinances enacted under Subchapter A, Chapter 214 of the Texas Local Government Code.
Texas Local Government Code, Section 214.001(p), states that a hearing may be held in a civil municipal court.
These Rules of Procedure were established under the authority of Chapter 7, Article IV, Division 4, §7-100A of the Fort Worth Code of Ordinances, which authorizes the Fort Worth Municipal Court to establish rules of procedure for hearings conducted under sections 7-102A, 7-103, and 7-106 of the Fort Worth City Code.
1.2 APPLICATION
These Rules of Procedure apply to attorneys, owners, owners’ representatives, lienholders, mortgagees, city staff members, witnesses, interested parties, and to the public at large. The Chief Judge of the Fort Worth Municipal Court may promulgate additional court rules that do not conflict with the Rules of Procedure.
1.3 EFFECTIVE DATE
These Rules of Procedure become effective upon the adoption by the Chief Judge of the Fort Worth Municipal Court.
1.4 AMENDMENTS TO THESE RULES OF PROCEDURE
The Chief Judge of the Fort Worth Municipal Court may adopt amendments to the Rules of Procedure.
1.5 AVAILABILITY
A copy of these Rules of Procedure shall be available in the courtroom where the hearings will be conducted and on the City of Fort Worth website, which can be accessed at www.fortworthtexas.gov.
II. Procedure and Order of Business for Hearings under Section 7-102A, 7-103, and 7-106 of the Fort Worth Code of Ordinances
2.1 GENERAL RULES OF PROCEDURE AND GENERAL RULES OF EVIDENCE IN HEARINGS CONDUCTED UNDER SECTIONS 7-102A, 7-103, AND 7-106 OF THE FORT WORTH CODE OF ORDINANCES
- A. The Texas Rules of Civil Procedure do not apply to municipal court proceedings conducted under Sections 7-102A, 7-103, and 7-106 of the Fort Worth Code of Ordinances. Such proceedings shall be conducted in the manner outlined in section 2.3 of these rules.
- B. The Texas Rules of Evidence do not apply to proceedings conducted under section 7-102A, 7-103, and 7-106 of the Fort Worth Code of Ordinances.
- C. The City shall make available, upon request, all evidence to be considered before the municipal court, subject to any state or federal law. Such request shall be made no later than 10 days prior to a hearing under these rules. A good faith effort should be made to exchange any and all evidence upon request and prior to a scheduled hearing. Furthermore, the City, property owners, lienholders, and/or mortgagees may submit and present evidence up to and on the date of the scheduled hearing. All evidence becomes public information unless protected under state or federal law.
- D. All references herein to a municipal court judge shall be to a Fort Worth Municipal Court Judge, hereinafter referred to as “judge.” The judge shall preside over all scheduled court proceedings, administer oaths, and decide all points of order and procedure.
- E. All municipal court proceedings conducted under section 7-102A, 7-103, and 7-106 shall only be conducted before a judge in a Fort Worth Municipal Court.
- F. The owner, lienholder, and/or mortgagee may appear in his/her own behalf or may be represented by counsel or an agent with power of attorney.
- G. The Code Compliance Department and/or the Director may be represented by an Assistant City Attorney from the Fort Worth City Attorney’s Office.
- H. Hearings under these rules shall be open to the public.
2.2 NOTICE
All notice requirements for hearings under these rules shall be followed in the manner prescribed in Section 7-101 of the Fort Worth Code of Ordinances.
2.3 GENERAL ORDER OF BUSINESS FOR PROCEEDINGS UNDER SECTION 7-102A, 7-103, AND 7-106 OF THE FORT WORTH CODE OF ORDINANCES
- The judge shall call the hearing to order.
- The judge shall publicly advise those interested parties present at the hearing of the order and manner to be followed during the hearing.
- The judge shall administer an oath of truth to all translators, witnesses, and interested parties giving testimony.
- The City will begin by presenting its case in chief. The Assistant City Attorney or a representative from the City may call witnesses and present evidence to the court. The owner, lienholder, or mortgagee, may cross-examine any witness presented by the City. The City may re-direct and the owner, lienholder, or mortgagee, may re-cross any witness presented by the City. After the City has called and examined all of its witnesses, the City rests.
- The owner, lienholder, or mortgagee will present their case in chief after the City has completed the presentation of its case. The owner, lienholder, or mortgagee may call witnesses and present evidence to the court. The Assistant City Attorney or a representative from the City may cross-examine any witness presented by the owner, lienholder, or mortgagee. The owner, lienholder, or mortgagee may re-direct and the City may re-cross any witness presented by the owner, lienholder, or mortgagee. After the owner, lienholder, or mortgagee has called and examined all of its witnesses, the owner, lienholder, or mortgagee rests.
- Both sides may present rebuttal witnesses. The City will present its rebuttal first. The owner, lienholder, or mortgagee may then present its own rebuttal. The testimony will be given in the same order and manner as stated in D and E above.
- After both sides have rested, any interested person who requests to present testimony, such presentation shall be limited by the following, unless extended for good cause by the judge:
- 1. An individual representing a group of five (5) or more individuals – 7 minutes
- 2. Individuals – 3 minutes
- After all evidence and testimony has been presented to the court, each side will be afforded the opportunity to present a closing argument, with the Assistant City Attorney or a representative from the City presenting its argument first and last.
2.4 REQUESTS FOR CONTINUANCE
To request a continuance of the scheduled hearing, the City, property owner, lienholder and/or mortgagee must file a written request with the municipal court clerk’s office at least five (5) working days prior to the scheduled hearing. The request for continuance shall be granted or denied at the discretion of the judge on a finding of good cause or by agreement between the parties to the hearing with the approval of the judge.
2.5 CORRECTION OF CLERICAL MISTAKES IN PRIOR ORDERS ISSUED BY MUNICIPAL COURT
Clerical mistakes in the Order issued by the municipal court may be corrected without a hearing. If the judge finds a clerical mistake in the original Order, the judge shall issue an Amended Order that accurately reflects the original intent of the Court’s findings. The Amended Order shall be given a new date.
III. Issues to be Determined for Hearings under 7-102A, 7-103, and 7-106 of the Fort Worth Code of Ordinances
3.1 ISSUES TO BE DETERMINED IN HEARINGS CONDUCTED UNDER 7-102A – SUBSTANDARD AND/OR HAZARDOUS
A. At the completion of a scheduled hearing, after all evidence has been submitted to the court, the judge shall make a determination and indicate in an Order whether, by a preponderance of the evidence, the building or structures under review is/are:
- 1. Substandard; or
- 2. Substandard and a hazard to the public health, safety and welfare; or
- 3. Not Substandard; or
- 4. Not Substandard and not a hazard to the public health, safety and welfare.
B. Upon finding the building or structures substandard or substandard and a hazard to the public health, safety and welfare, the judge shall issue an Order requiring the owner, lienholder and/or mortgagee of the building or structures to perform the following within thirty (30) calendar days:
- 1. Secure the building or structures from unauthorized entry; and/or
- 2. Repair, remove or demolish the building or structures, unless the owner, mortgagee or lienholder establishes at the hearing, by a preponderance of the evidence, that the work cannot reasonably be performed within thirty (30) calendar days.
C. If a time period is granted to the owner, lienholder or mortgagee for more than thirty (30) calendar days to repair, remove or demolish the building or structures, the judge shall establish a specific time schedule for the commencement and performance of the work and shall require the owner, lienholder and/or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed.
D. The judge shall not allow the owner, lienholder or mortgagee more than ninety (90) calendar days to repair, remove or demolish the building or structures, unless during the hearing, the owner, lienholder or mortgagee:
- 1. Submits a detailed plan and time schedule for the work to be completed; and
- 2. Establishes that the work cannot reasonably be completed within ninety (90) calendar days because of the scope and complexity of the work to be performed.
E. If applicable, the judge may specify in the Order a reasonable time for the owner to relocate the occupants and an additional reasonable time for any of the mortgagee or lienholder to take the ordered action in the event that the owner fails to comply with the Order within the time provided for action by the owner.
3.2 ISSUES TO BE DETERMINED IN HEARINGS CONDUCTED UNDER SECTION 7-103 – CIVIL PENALTY HEARINGS
A. The judge will determine, based on a preponderance of the evidence, whether civil penalties should be assessed and determine the amount and duration of the civil penalty, if it is found that:
- 1. The property owner was notified of the requirements of Chapter 7, Article IV (Minimum Building Standards Code) of the Fort Worth City Code;
- 2. The owner was notified of the need to comply with the article’s requirements;
- 3. The owner was notified of the Municipal Court Order; and
- 4. After notification of the Municipal Court Order, the property owner either:
- a. Committed an act in violation of the Minimum Building Standards Ordinance; or
- b. Failed to take any action necessary to bring the structure into compliance with the Minimum Building Standards Ordinance and the Municipal Court Order.
B. The judge may assess a civil penalty against the property owner in an amount not to exceed one thousand dollars ($1000.00) per day per violation, or, if the owner shows that the property is the owner’s lawful homestead, in an amount not to exceed ten dollars ($10.00) per day per violation.
3.3 ISSUES TO DETERMINE IN HEARINGS CONDUCTED UNDER 7-106 – ADDITIONAL AUTHORITY TO SECURE A BUILDING OR STRUCTURE
A. The judge will conduct a hearing to determine the following issues:
- 1. Whether the building or structure was substandard and a hazard to the public health, safety and/or welfare at the time it was secured;
- 2. Whether the building or structure, at the time it was secured, was unoccupied or was occupied only by persons who did not have a right to possession of the building or structure;
- 3. Whether the building or structure is a construction site where there has been no significant construction work done in the previous three months, and the site is not secured by a fence or other means to prevent its use by children, vagrants, or other uninvited persons as a place of harborage;
- 4. Whether the building or structure is a construction site where there has been no significant construction work done in the previous three months, and all building materials, construction equipment, and tools have neither been removed from the site nor secured at the site to prevent: their use by children, theft, deterioration, vandalism, or harborage by vermin; and
- 5. Whether the expenses incurred by the city to secure the building or structure were reasonable.
IV. Official Records
4.1 Official Records
A. The official records of the municipal court shall include these Rules of Procedure, the minutes and/or transcripts of the hearings, all evidence submitted by Code Compliance and the owner, lienholder, and mortgagee of property under consideration together with all findings, decisions, and other official actions of the municipal court and any evidence submitted by interested parties.
B. All matters coming before the municipal court shall be filed in the municipal court clerk’s office. Original papers of all requests, proposals, and correspondence shall be retained in accordance with the provisions of State Law and procedures adopted by the City of Fort Worth.
C. The official records for hearings under this section shall be on file in the municipal court clerk’s office and shall be open to public inspection during customary work hours. A copy of the transcript or minutes may result in a cost as determined by the municipal court.
The above stated MUNICIPAL COURT RULES OF PROCEDURE FOR HEARINGS UNDER 7-102A, 7-103, AND 7-106 OF THE FORT WORTH CODE OF ORDINANCES are hereby adopted and replace all prior versions.
SIGNED, ENTERED, AND ISSUED on September 9, 2024
Simon C. Gonzalez
Chief Judge
Fort Worth Municipal Court
1000 Throckmorton
Office Phone: 817-392-8671
Fax: 817-392-8670
Simon.Gonzalez@fortworthtexas.gov
Vulnerable Populations: Individuals who are over age 65 and individuals with serious underlying health conditions, such as high blood pressure, chronic lung disease, diabetes, obesity, asthma and those whose immune systems are compromised such as by chemotherapy for cancer or other conditions requiring such therapy are considered to be vulnerable populations. If the above definition describes you, then please be advised that you may contact the court and receive accommodations including on demand options via a personal electronic device.
Phone: 817-392-6700, M-F 8 a.m.-5 p.m., Online Chat:http://fortworthtexas.gov/municipalcourt/
Municipal Court Parking Vouchers (PDF, 119KB)
Fort Worth Municipal Court - Courtroom Dress Code
As a general rule, everyone should think of the courtroom as a formal affair. You should dress as though you are going to a very important job interview. As such, the following attire is NOT ALLOWED:
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Clothing with vulgar, profane, or obscene messages
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Visible undergarments
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Tank tops, spaghetti straps, etc. (Shoulders must be covered)
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Jeans with holes or cut-outs (including slashes)
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Holes in clothing where skin is visible
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Bare midriff
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Shorts
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Head coverings other than for religious or medical purposes