(A) In addition to any other remedy which may be available at law or in equity, the city may take action to administratively abate a public nuisance if the owner or person in control of the premises upon which the public nuisance exists fails to do so. The city may then assess the expense of removal of the public nuisance from the premises, and the city shall have a lien against the subject property to secure the payment of such expense. An action to abate a nuisance under this section shall have no effect upon a prosecution in the municipal court under § 93.03.
(B) The City Manager may order the summary abatement of a nuisance which threatens a public calamity or otherwise poses an immediate risk of serious harm to public health, safety or comfort.
(C) Except as provided in division (B), the abatement procedures under this section must conform to the following:
(1) Notice shall be posted upon the premises on which or adjacent to which the nuisance is located. Notice shall also be personally served by either certified mail with five day return receipt requested to the property owner's address as indicated in the County Tax Rolls, or by personal service to the property owner.
(2) If personal notice cannot be served by either method indicated in division (C)(1) of this section, a synopsis of the notice may be published
once in a newspaper of general circulation within the city, and a publisher's affidavit shall be considered proof of service to the property owner.
(3) Notice shall additionally be served by certified mail, with five day return requested, upon any lienholder of record and any occupant of the property upon which the nuisance is located.
(4) At a minimum, the notice required by this section shall contain the following information:
(a) A legal description of the property upon which the nuisance is located, or if the nuisance is located on public right-of-way, then a legal description of the adjacent property;
(b) A description of the public nuisance; and
(c) A statement that if the public nuisance is not abated within ten days of date the notice was mailed, the city may cause the abatement of the public nuisance and assess the expenses thereof against the subject property.
(5) If any notice required by this section is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the eleventh day after the date of the return.
(6) The City Council, or a board, commission, or official designated by the City Council, shall conduct hearings under the procedures adopted under this chapter.
(7) If a hearing is requested by a person for whom notice is required under this section, the hearing shall be held not earlier than the eleventh day after the date on which the notice was mailed.
(D) The Director of Planning and Development shall keep an accurate record of all expenses incurred for the removal and abatement of the public nuisance under this section, including man-hours, equipment hours, materials, and fuel.
(E) Property classified as a homestead as defined in the Texas Constitution and property owned by the city shall be exempt from the provisions of this section relating to the imposition of liens upon property for recovery of city expenses in abating public nuisances.
(Ord. 89-20, passed 12-12-89; Am. Ord. 2000-35, passed 10-24-00)