(A) The city may assess the expenses incurred under § 96.33(D) against the real property on which the work is done or improvements made.
(B) The city shall first send a notice of the expenses to the owner of the property on which the work is done or improvements made. The notice must:
(1) Identify the property on which the work was done or improvements made;
(2) Describe the violation that existed on the property;
(3) A statement that the city abated the violation;
(4) A statement of the amount of the city's expenses for the work done or improvements made. Expenses shall include a nuisance abatement fee of $100;
(5) A statement advising the owner of the right to request a hearing on the validity of the expenses for the work done or improvements made; and
(6) A statement that if the owner fails or refuses to pay the expenses within 30 days after the first day of the month following the month in which the work was done or the improvements were made, the city shall obtain a lien against the property by filing with the county clerk of Johnson County a notice of lien and statement of expenses.
(C) The owner of the property shall be entitled to a hearing before the City Manager or his designee to review the validity of the expenses if the owner requests a hearing by filing a written request with the City Manager within ten days of the owner's receipt of the notice of the expenses.
(D) If the owner of the property properly requests a hearing, the City Manager or his designee shall conduct a hearing within ten days of receipt of the request. At the hearing, the City Manager or his designee shall allow the owner of the property, city staff, and any other person that the City Manager or his designee determines may have testimony that will assist in reviewing the validity of the expenses to testify. The City Manager or his designee may affirm or modify the expenses based on the evidence presented at the hearing.
(E) If no hearing is requested, or a hearing is held and the expenses are determined to be valid after the hearing, the owner shall pay the expenses within 30 days after the first day of the month following the month in which the work was done or the improvements were made.
(F) If the owner fails or refuses to pay the expenses as required by division (E), the city shall have a lien on the property upon the filing of a notice of lien and statement of expenses with the County Clerk of Johnson County. The lien attaches upon the filing of the notice of lien and statement of expenses with the County Clerk. A notice of lien and statement of expenses must state the name of the owner, if known, and the legal description of the property. A signature on a notice of lien and statement of expenses may be a facsimile signature as defined in Tex. Gov't Code § 618.002.
(G) The lien obtained by the city is security for the expenditures made and interest accruing at the annual rate of 10% on the amount due from the date of payment by the city. Expenditures shall include an administrative fee of $100 plus nuisance abatement fee, court/record filing fees, and other actual expenses for each abatement performed on each individual lot or parcel of land. The lien is inferior only to tax liens and liens for street improvements.
(H) The governing body of the city may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due. The original notice of lien and statement of expenses or a certified copy of the same is prima facie proof of the expenses incurred by the city in doing the work or making the improvements.
(J) The city may foreclose a lien on property under this section in a proceeding relating to the property brought under Tex. Tax Code Ch.33, Subch. E, pursuant to Tex. Health and Safety Code § 342.007.
(Ord. 11-2018-96, passed 11-27-18)