The city’s vacant building ordinance, meant to spur absentee building owners into taking action on their properties, survived another legal challenge in 225th District Court.

On Wednesday, Judge Peter Sakai denied a downtown property owner’s request to have the case heard in civil court.

Edgar Markwardt, who owns a triangular 1920s building at 901 E. Houston St., sued the city in July, five months after the city cited his building as being noncompliant with the vacant building ordinance.

Through his lawyer, Eddie Bravenec, Markwardt argued there was no appeal process to challenge his building’s status as vacant.

City attorneys, for the second time in front of Sakai, successfully argued that the eventual trial belonged in municipal court — not civil court — because violation of the ordinance is a criminal offense.

Bravenec told Sakai that because municipal courts are run by the city, his client would not get a fair trial.

“We’re not going to win any case in municipal court, let’s be honest,” Bravenec told the court.

Sam Adams, the city attorney handling the case, refuted Bravenec’s claim, saying that the judges, who are appointed by City Council, are held to the same judicial standards as district court judges. Adams added that Markwardt can have a jury trial in municipal court and that the appeals process is the same as civil court.

Bravenec said his client will appeal to the 4th Court of Appeals for a ruling.

The vacant building program began Jan. 1, and late that month, the first wave of notices were mailed to noncompliant owners of properties downtown and in historic districts. Of the roughly 300 vacant buildings identified by city inspectors, 163 have registered with the program, received an extension or are within a 90-day notice period. The remaining 137 properties failed to register.

Failure to register is a class C misdemeanor, and the city can issue a fine up to $500. Adams said no fines have yet been issued, but the violations are being processed.

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