§ 91.62  CORRECTION OF UNSANITARY CONDITION.
   (A)   Generally.  In the event the owner of any lot or premises upon which the condition described in this subchapter exists fails to correct, remedy, or remove such condition within seven days after notice to do so is given in accord with § 91.61 of this subchapter, the city may do such work or make such improvements as are necessary to correct, remedy, or remove such condition, or cause the same to be done, and pay therefor and charge the expenses incurred thereby to be assessed against the lot or real estate upon which the work was done or the improvements made. The doing of such work by the city shall not relieve such person from prosecution for failure to comply with such notice in violation of § 91.61 of this subchapter. If the city informs the owner by regular mail and a posting on the property 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 expenses against the property and a violation covered by such notice occurs within such 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 do the work or make the improvements required or pay for the work done or improvements made and assess the expenses to the owner of the property as provided in this section.
('68 Code, § 17-98)
   (B)   Filing of statement of expenses incurred. Whenever any work is done or improvements are made by the city under the provisions of division (A) of this section, the Mayor or Health Officer, on behalf of the city, shall file a statement of the expenses incurred thereby with the County Clerk. Such statement shall give the amount of such expenses, the date or dates on which the work was done or the improvements were made, the name of the owner, if known, and the legal description of the property; and a lien against such property shall attach upon the filing of such statement with the County Clerk. 
('68 Code, § 17-99)
   (C)   Lien for and collection of expenses. After the statement provided for in division (B) of this section is filed, the city shall have a privileged lien on the lot or real estate on which the work was done or improvement made, to secure the expenses thereof. Such lien shall be second only to tax liens and liens for street improvements, and the amount thereof shall bear interest at the rate of 10% per annum from the date the statement was filed. For any such expenditures and interest, suit may be instituted and recovery and foreclosure of the lien may be had in the name of the city in a proceeding relating to the property brought under Tex. Tax Code Ch. 33, Subchapter E, and the statement of expenses made in accordance with division (B) of this section, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements and the reasonableness thereof. 
('68 Code, § 17-100)
(Am. Ord. 1807, passed 9-9-96; Am. Ord. 1875, passed 10-27-99)
Statutory reference:
   Authority of city to correct or remove conditions described in this subchapter, see Tex. Rev. Civ. Stat., Art. 4436