(A) If any owner or occupant notified as provided in § 93.08 fails or refuses to meet the requirements of said notice within ten days after date of the service, or mailing or publication of said notice, and if no written appeal is received by the City Council from said owner or occupant, the City Mayor or his or her designee may cause such work to be done and cause the city to pay therefor and charge the expenses incurred in doing or having such work done to the owner of such property as herein provided.
(B) The City Mayor or his or her designee shall have, in addition to the foregoing remedy, the power to cause the necessary work to be done at the expense of the city and to cause the said expense, and any administrative expense, to be assessed on the real estate, or lot or lots upon which such expense is incurred. On filing with the County Clerk, a statement of such expenses by the Mayor of said city, the city shall have a privileged lien thereon second only to tax liens and liens for street improvements to secure the expenditures so made and 10% on the amount from the date that payment was due. For any such expenditures and interest as aforesaid, suit may be instituted by an attorney appointed by the Mayor and Council, and foreclosure had in the name of the city; and the statements so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in any such work or improvements, as is provided in Tex. Health and Safety Code §§ 341.001 et seq., as amended.
(C) Prior to the filing of a lien as aforesaid, the City Secretary shall cause a written notice to be sent by regular mail to the home or occupant of the land, providing a statement of charges of work done, and further providing a 60-day waiting period of delay in filing the said lien pending possible payment of the charges by the owner. If payment is not received within the 60-day period, the lien will be promptly filed. In cases wherein notification by publication has been necessary, the 60-day period of delay shall not be required.
(D) Any lien filed as provided for above shall include the following statement:
“The City of Maud, Texas, claims a lien, second only to tax liens and liens for street improvements against the above described property for the herein described work performed, as authorized by Tex. Health and Safety Code §§ 341.001 et seq.”
(E) No lien foreclosure suit shall be filed without the express authorization of the City Council in each instance.
(F) If a written appeal is filed with the City Council by the owner or occupant as provided for in § 93.08. Further proceedings shall be stayed pending action by the City Council.
(Ord. 12-062, passed 7-19-2012) Penalty, see § 93.99