(a) Unless specifically stated otherwise, any nuisance as defined within this chapter is hereby declared a nuisance if it exists within the corporate limits of the city or within 5,000 feet of such limits.
(b) A director may give notice to cease, abate, remove or otherwise remedy a nuisance immediately to:
(1) The owner of property upon which a nuisance is located or from which a nuisance originated or is emanating. If the person creating, allowing or maintaining the nuisance is not the owner of the property, notice shall also be given to such person; and
(2) Any person creating, allowing or maintaining a nuisance.
(c) The notice must be given:
(1) Personally to the owner/person in writing; or
(2) By letter addressed to the owner/person at the owner’s/person’s post office address and sent certified mail, return receipt requested. However, if personal or certified mail service cannot be obtained or the owner’s/person’s post office address is unknown, notice may be given:
a. By publication in the official newspaper of the city at least twice within ten consecutive days;
b. By posting the notice on or near the front door of each building on the property to which the nuisance relates; or
c. By posting the notice on a placard attached to a stake driven into the ground on the property to which the nuisance relates, if the property contains no buildings.
(d) The notice may order the owner/person to undertake and implement any appropriate action:
(1) To remediate and/or abate any adverse effects of the nuisance upon the MS4, the waters of the state, the waters of the United States or any other aspect of the environment; and/or
(2) To restore any part of the MS4, the waters of the state, the waters of the United States, or any other aspect of the environment that has been harmed.
(e) Such remedial, abatement and restoration action may include, but not be limited to:
(1) Monitoring, assessment and evaluation of the adverse effects and determination of the appropriate remedial, abatement and/or restoration action;
(2) Confinement, removal, cleanup, treatment and disposal of any discharged or released pollution or contamination;
(3) Prevention, minimization and/or mitigation of any damage to the public health, welfare or the environment that may result from the nuisance; and
(4) Restoration or replacement of city property or natural resources damaged by the nuisance.
(f) The notice may direct that the remediation, abatement and/or restoration be accomplished on a specified compliance schedule and/or be completed within a specified period of time. An order issued under this section does not relieve the violator of liability for any violation, including any continuing violation.
(g) If the owner/person does not comply with the notice within ten days of service, the director may enter any public or private property containing the nuisance and do any work necessary to abate the nuisance, except the demolition of buildings.
(h) If the immediate abatement of the nuisance is deemed necessary by a director to protect the environment or the public health, safety or welfare from an imminent and substantial endangerment, such director may, without complying with the notice provisions of this section or without waiting the ten-day period, enter the subject property and do or cause to be done any work necessary to abate the nuisance and remediate and restore the environment.
(i) After abating the nuisance, the director may inform the owner/person in a notice sent certified mail, return receipt requested, that if the owner/person commits another violation of the same kind or nature that poses a danger to the environment or to the public health and safety on or before the first anniversary date of the original notice, the city may without further notice correct the violation at the owner’s expense and assess the expense against the owner’s property.
(j) All costs incurred by the city to abate a nuisance and remediate and restore the environment, including the cost of giving notice as required, shall be initially paid by the city and charged to the owner of the property.
(k) To obtain a lien against the property, the director causing the abatement shall file a statement of expenses with the county clerk for the county in which the property is located. The lien statement shall state the name of the owner, if known, and the legal description of the property. The lien shall be security for the costs incurred and interest accruing at the rate of 10% on the amount due from the date of payment by the city.
(l) The lien is inferior only to:
(1) Tax liens; and
(2) Liens for street improvements.
(m) A lien may not be filed against real estate protected by the homestead provisions of the Texas Constitution.
(Ord. 12274, § 1, passed 11-28-1995)