Skip to code content (skip section selection)
Compare to:
SEC. 18-18.   CHARGES TO BE COLLECTED FROM THE PROPERTY OWNER; LIEN ON PREMISES FOR FAILURE TO PAY CHARGES.
   (a)   If the city cuts, mulches, rakes, or removes weeds or grass on or from private premises under Section 18-17(a) or cuts, trims, or removes vegetation projecting over or into an alley, street, or sidewalk right-of-way under Section 18-17(b) (either at the request of the owner or upon the failure of the owner to comply with the notice required under Section 18-17), charges in the amount of the total actual costs incurred by the city in performing the work will be collected from the owner by the city controller. If the work was performed under Section 18-17(a), the charges may be levied, assessed, and collected against the premises on which the work is performed, and the city controller shall file a statement by the director with the county clerk of the county in which the property is located setting out the total actual costs incurred by the city, the name of the property owner if known, and a legal description of the property, as required by state law.
   (b)   At the time a statement is filed under Subsection (a) for work performed under Section 18-17(a), as required by state law, the city shall have a privileged lien against the premises, second only to tax liens and liens for street improvements, in the amount of the actual costs incurred, plus 10 percent interest on that amount from the date the costs were incurred.
   (c)   The city may file a suit in an appropriate court of law to foreclose upon its lien and recover its actual costs incurred plus interest. The suit must be filed in the name of the city. The statement filed under Subsection (a), or a certified copy of the statement, is prima facie proof of the amount of actual costs incurred by the city. (Ord. Nos. 13796; 15900; 16367; 17226; 17597; 20599; 22026; 22494; 25371; 26585)