(A) Notice to owner. Should the city health officer or other designated representative determine that a nuisance exists on any lot or parcel of real estate within the city, written notice shall be given to the owner of the lot upon which the nuisance exists. The notice shall identify the nuisance, identify the property upon which the nuisance exists, and direct the owner to take action as the city deems reasonable, appropriate, and necessary to remove the nuisance. The notice shall be delivered personally to the owner in writing, by letter addressed to the owner at the owner’s address as recorded in the records of the County Appraisal District, or, if personal service cannot be obtained, by publication at least once in the city’s official newspaper, by posting the notice on or near the front door of each building on the property to which the violation relates, or by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings.
(B) Notice not required. The notice described in division (A) above is not required in the event such notice has been issued to an owner in the preceding 6-month period for the same, or similar type of nuisance on the same property, or contiguous or adjacent property owned by the same owner. A nuisance which has been noticed, abated, and reappears during the 6-month period does not require additional notice. Where additional notice is not required, a citation may be immediately issued to the owner, or to any other person committing the acts, commissions, omissions, conditions, or deeds declared to be a nuisance in § 94.02.
(C) Abatement by city. If the owner fails or refuses to remove the nuisance within 7 days following notice as provided in division (A) of this section, the city may do or cause to be done that which will abate the public nuisance, and may pay therefor, and charge the expenses incurred in doing the work or having the work done or improvements made to the person who owns that lot or building. If the work is done or improvements made at the expense of the city, then the expenses shall be assessed on the real estate or lot for which the expense was incurred. In a notice provided under division (A) of this section, the city may inform the owner by regular mail and a posting on the property that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary date of the notice, the city without further notice may correct the violation at the owner’s expense and assess the expense against the property. If a violation covered by the notice occurs within the 1-year period, and the city has not been informed in writing by the owner of an ownership change, then the city without further notice may cause the work to be done or make the improvements required, and pay for the work done and improvements made and charge the expenses to the owner as otherwise provided herein.
(D) Collection of expenses. The Mayor, City Administrator, or city official designated by the Mayor shall file a statement of expenses giving the name of the owner, if known, the amount of the expense, the date on which the work was done, and the legal description of the premises upon which the work was done or improvements made, with the County Clerk. The city shall have a privileged lien on the lot or real estate upon which the work was done, or improvements made, to secure the expenditures so made, in accordance with Tex. Health & Safety Code, Chapter 342, which lien shall be second only to tax liens or liens for street improvements, and which amount shall bear interest at the rate of 10% per annum, from the date of payment by the city. For any such expense 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 so made, or a certified copy thereof, shall be prima facie proof of the amount expended for the work or improvements.
(Ord. 553, passed 1-20-2004; Am. Ord. 649, passed 2-2-2010) Penalty, see § 94.99