§ 93.36  ENFORCEMENT.
   (A)   Prior to imposing any penalty provided by this subchapter, the city will serve or cause to be served a written notice upon the owner and, if applicable, agent tenant/occupant of the property on which a violation of this subchapter occurs and demand compliance with the provisions of this subchapter within ten days. The notice shall be delivered to the owner, and, if applicable, agent tenant/occupant at the person’s post office address. If personal service cannot be obtained at the person’s post office address, notice shall be given in compliance with the provisions of Tex. Health and Safety Code § 342.006.
   (B)   If the person(s) served with notice under this section fails or refuses to cure the violation so noticed within ten days of the notice, the city may proceed to require the person to remove the solid waste within a definite period of time. If the person refuses to cure the violation, the city may proceed to cure same, keeping an account of the expense of the cure, and the expense shall be charged and paid by the owner of the property.
   (C)   The Mayor of the city shall make a certified statement of the expense incurred by, and reimbursable to, the city in curing violations of this section, including the cost of searching the property records as the search is required. The statement shall be sent to the property owner by the city.
   (D)   The expenses of the city in curing a violation of this section, plus interest on that amount as provided by law shall be secured by a lien against the affected property pursuant to Tex. Health and Safety Code Ch. 342. The lien shall be effective when the Mayor files a statement of expenses with the County Clerk, which statement shall include the name of the owner and the legal description of the affected property. Notice of the lien shall be given in the manner prescribed by division (A) above.
   (E)   The city may institute a suit to foreclose upon a lien securing payment of expenses incurred by the city pursuant to this section, plus lawful interest.
(Ord. 980915, passed 9-15-1998)