(a) If the city incurs expenses under § 7-104 the city may assess the expense on, and the city has a lien against, the property on which the building or structure was located.
(b) If the commission or municipal court assesses a civil penalty under § 7-103, the city has a lien against the property on which the building or structure was located to secure payment of any civil penalty.
(c) A lien may not be made on property protected as a homestead under the Texas Constitution except in a proceeding under § 7-77.1.
(d) The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the county clerk in the county in which the property is located.
(e) The notice of the lien shall contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building or structure was located, the amount of expenses incurred by the municipality, and the balance due.
(f) Except as provided by subsection (g) below, the city's lien to secure payment of a civil penalty or the costs of repairs, removal or demolition, is inferior to any previously recorded bona fide mortgage lien attached to the real property, if the mortgage lien was filed for record in the office of the county clerk of the county in which the real property is located before the civil penalty is assessed or the repair, removal or demolition is begun by the city. The city's lien is superior to all previously recorded judgment liens.
(g) If notice is given and the opportunity to relocate the occupants of the building or structure or to repair, remove or demolish the building or structure is afforded to each mortgagee and lienholder, the lien is a privileged lien subordinate only to tax liens.
(h) Any civil penalty or expenses assessed by the city under this article shall accrue interest at the rate of 10% per annum from the date of the assessment until paid in full. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the city for the expenses and the civil penalty.
(Ord. 13743, § 1, passed 3-23-1999; Ord. 14629, § 1, passed 5-22-2001; Ord. 23577-03-2019, § 10, passed 3-19-2019)