§ 16-62. Notice to owner, occupant to abate nuisance; failure to comply constitutes evidence of violation.

(a)

It shall be the duty of the city manager or other authorized officer or agent of the city to notify the owner or person in control of any premises within the city on which trash, rubbish, discarded furniture, household appliances or objectionable, unsightly and unsanitary matter has accumulated or upon which weeds, brush and grass have grown to a height greater than ten inches, to abate such nuisance within seven days of such notice.

(b)

If the owner of property in the city does not comply with a requirement under this article within seven days of notice of a violation, the city may:

(1)

Do the work or make the improvements required; and

(2)

Pay for the work done or improvements made and charge the expenses to the owner of the property.

(c)

The notice must be given:

(1)

Personally to the owner in writing;

(2)

By letter addressed to the owner at the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located; or

(3)

If personal service cannot be obtained:

a.

By publication at least once;

b.

By posting the notice on or near the front door of each building on the property to which the violation relates; or

c.

By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.

(d)

If the city mails a notice to a property owner in accordance with subsection (c) of this section, and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered as delivered.

(e)

In a notice provided under this section, the city may inform the owner by regular mail and a posting on the property, or by personally delivering the notice, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city without further notice may correct the violation at the owner's expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the city has not been informed in writing by the owner of an ownership change, then the city without notice may take any action permitted by subsections (b)(1) and (2) of this section and assess its expenses as provided by section 16-63 and V.T.C.A., Health and Safety Code § 342.007.

(Code 1982, § 13-46; Ord. No. 76-5, § 7, 4-5-1976; Ord. No. 95-28, § 2, 7-3-1995; Ord. No. 07-15, § 1, 5-7-2007)

State law reference

Notice of violation, abatement, V.T.C.A., Health and Safety Code § 342.006.