(a) Authority. The city is authorized, in accordance with the provisions of Article 402.0025, Texas Local Government Code, to perfect the lien upon property which occurs as provided in Section 49-12, for the purpose of securing the payment of delinquent charges incurred as a result of service to the property. This section shall not apply to delinquent charges for service where a tenant is the customer of record, if the owner of the property served has sent notice to the director that the property is rental property.
(b) When lien is perfected. The lien may be perfected only when charges incurred by a customer for service become delinquent and when the director determines that other means for fully collecting the delinquency are inadequate or unavailable.
(c) Form of the lien. Upon request of the director, the form of the lien must be prepared by the city attorney. The form must contain:
(1) a statement indicating the purpose of the lien;
(2) the address of the property which is the subject of the lien, where the address is ascertainable;
(3) a complete legal description of the property which is the subject of the lien; and
(4) the amount of delinquent charges, including penalties, interest and collection costs, if any, incurred upon the property as of the date of execution of the lien.
(d) Execution and recording. The lien must be:
(1) executed by the city manager and acknowledged by a notary public of the State of Texas;
(2) approved as to form by the city attorney; and
(3) filed in the deed or lien records of the county in which the property is located.
(e) Priority of lien. The lien is superior to all other liens except a bona fide mortgage lien recorded prior to the recording of the city’s lien in the deed or lien records of the county in which the property is located.
(f) Additional charges; correction lien. Should additional delinquent charges be incurred subsequent to the date of the original lien’s execution, a correction lien may be executed and filed, in the form provided above, fixing the additional delinquent charges. The correction lien, when filed of record, shall relate back to the date of recording of the original lien and shall become a part of the original lien.
(g) Suit to foreclose. The city attorney, at the request of the director, may file suit to judicially foreclose the lien in a state court of competent jurisdiction. The suit may not be filed earlier than 60 days after the recording date of the lien.
(h) Release of lien. Upon certification by the director that all delinquent charges which existed against the property have been fully paid, the city manager is authorized to execute a release of the lien. The release shall be prepared and approved as to form by the city attorney and shall be duly acknowledged. After execution, the director must immediately file the release in the deed or lien records of the county in which the property is located.
(i) Cumulative remedies. This section is cumulative of any other remedies, methods of collection or security available to the director or the city under the charter and ordinances of the city or under state law. This section does not affect the director’s authority to refuse or to furnish service when delinquent charges exist. (Ord. Nos. 19201; 20215; 20653)