(a) If a building or structure is not vacated, secured, repaired, removed, or demolished in accordance with an order of the court, the city may vacate, secure, remove, repair, or demolish the building; provided, however, that the city may obtain a warrant from the court for any such action and shall obtain a warrant where so required by state of federal law.
(b) If the city incurs expenses under this section, the city may assess the expenses on, and the city shall have a lien against, unless it is a homestead as protected by the Texas Constitution, the property on which the building or structure is located. The lien is extinguished if the property owner or other person having an interest in the legal title to the property reimburses the city for the expenses. 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. The notice must 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 is located, the amount of expenses incurred by the city, and the balance then due.
(c) If notice is given and the opportunity to repair, remove, demolish, or secure the building is afforded to each mortgagee and lienholder as authorized herein, the lien shall be a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens attached to the real property to which the city's lien attaches.
(Ord. No. 2893, § 2, 1-13-00; Ord. No. 3113, § 5, 3-21-02)