§ 92.21  ABATEMENT BY CITY; LIEN AGAINST PROPERTY; FORECLOSURE.
   (A)   In the event the owner of any lot, lots, yard or other property upon which a condition described in this subchapter exists fails to correct, remedy or remove such condition within ten days after notice to do so is given in accordance with 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 the owner of such lot, lots, yard or other property.  Such expenses shall be assessed against the lot, lots, yard or other property upon which the work was done or the improvements made.  The doing of such work by the city shall not relieve any person, firm or corporation from prosecution for violation of any provision of this subchapter.
(‘89 Code, Ch. 6, § 1.08)
   (B)   Whenever any work is done or improvements are made by the city pursuant to the provisions of this subchapter, the City Manager shall file a statement of expenses incurred thereby with the County Clerk of Henderson County, Texas.  The lien statement must state the name of the owner, if known, and the legal description of the property.  Such statement shall give the amount of such expenses, the date or dates on which the work was done or the improvements were made, and a description of the lot, lots, yard or other property upon which the work was done or the improvements made.  After this statement is so filed, the city shall have a privileged lien on the lot, lots, yard or other property upon which the work was done or improvements made to secure the expenses thereof.  The lien attaches upon the filing of the lien statement with the County Clerk.  Such liens 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 such statement was filed with the County Clerk.  For any such expenditure and interest, suit may be instituted and recovery and foreclosure of the lien may be had in the name of the city and the statement of expenses made and filed in accordance with division (A) of this section or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements.
(‘89 Code, Ch. 6, § 1.09)
   (C)   The remedy provided in this section shall be in addition to any other penalty imposed under this Chapter.
   (D)   The City Council may foreclose a lien on property under these provisions in a proceeding relating to the property brought under Tex. Tax Code §§ 33.91 et seq.
(Ord. 245, passed 10-13-87)
Statutory reference:
   Assessment of expenses; lien, see Tex. Health and Safety Code § 342.007