§ 16-63. Performance of work by city upon owner's, occupant's failure to comply with notice of section 16-62; collection of costs.

(a)

In the event the city manager or other authorized officer or agent of the city charged with the enforcement of the provisions of this article and the abatement of the nuisances described in this article shall deem it necessary, in the preservation of the public health, safety and welfare, that the trash, rubbish, discarded furniture, household appliances, or objectionable, unsightly and unsanitary matter be removed from premises which the owner or person in control thereof has been notified to clear pursuant to section 16-62 or the weeds, brush or grass cut and removed from such premises, such work shall be done by the city and the actual cost thereof levied, assessed and collected against the property. In addition thereto, there shall be added to the actual cost an administrative fee of $150.00 per lot or tract of land.

(b)

If the owner or person in control of such premises shall fail to pay such cost so levied and assessed within 30 days after being notified thereof, the city manager shall file with the county clerk a statement of such cost, and such statement shall constitute a lien upon the premises, second only to tax liens and liens for street improvements, to secure the expenditures so made and such lien shall bear ten percent interest per annum on the amount from the date payment is due.

(c)

The lien statement must state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the county clerk.

(d)

The lien obtained by the city council is security for the expenditures made and interest accruing at the rate of ten percent on the amount due from the date of payment by the city.

(e)

The city council may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due.

(f)

The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city in doing the work or making the improvements.

(g)

The remedy provided by this section is in addition to the remedy provided by V.T.C.A., Health and Safety Code § 342.005.

(h)

The city council may foreclose a lien on property under this article in a proceeding relating to the property brought under V.T.C.A., Tax Code ch. 33.

(Code 1982, § 13-47; Ord. No. 76-5, § 8, 4-5-1976; Ord. No. 95-28, § 3, 7-3-1995)

State law reference

Notice of violation, abatement, V.T.C.A., Health and Safety Code § 342.006; assessment of expenses, V.T.C.A., Health and Safety Code § 342.007.