In the event that the owner of any lot, tract, parcel of land, or a portion thereof, situated within the corporate limits of the city shall fail to comply with § 92.05(C), then the Fire Marshal of the city, or his or her designated representative, may notify the owner by certified letter addressed to the owner at his or her post office address or by publication two times in ten consecutive days in the official newspaper of the city, if personal service may not be had as aforesaid or the owner's address be not known, of the owner's failure to comply with § 92.05(C) of this chapter. At the expiration of ten days after notification, the city may do such work as necessary or cause the same to be done in order that the premises comply with the requirements set forth in § 92.05(C). The city may pay for the work and cause the expense thereof to be assessed against the real estate. A bill for the actual cost incurred by the city resulting from the abatement of the above described condition and for a reasonable administrative fee shall be mailed to the owner of the premises and must be satisfied within 30 days of the date of mailing of the bill. In the event that the bill has not been satisfied within the specified period, the Mayor of the city may file a statement with the County Clerk of the expenses incurred in the abatement of the described condition on the premises, and the city shall have a privilege lien on any lot or lots upon which the expense is incurred second only to tax liens and liens for street improvements and 10% per annum interest on the amount from the date the payment is due. For any such expenditure and interest as aforesaid, suit may be instituted and recovery and foreclosure had in the name of the city and the statement so made as aforesaid, or a copy thereof, shall be prima facie proof of the amount expended in the work performed by the city.
('78 Code, § 9-28) (Ord. 144, passed 8-14-62; Ord. 699, passed 10-13-86; Ord. 905, passed 9-23-91)
Statutory reference:
Abatement by city, see Tex. Health & Safety Code §§ 342.006 - 342.007
Health officer, see Tex. Health & Safety Code § 341.082