Whenever any condition described in this subchapter is found to exist on any premises within the city, the owner of the premises shall be notified by the city in writing to correct, remedy or remove the condition within ten days after the notice, and it shall be unlawful for any person to fail to comply with the notice.
(A) The notice must be given:
(1) Personally to the owner in writing;
(2) By letter addressed to the owner at the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located; or
(3) If personal service cannot be obtained;
(a) By publication at least once;
(b) By posting the notice on or near the front door of each building on the property to which the violation relates; or
(c) By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.
(B) If a notice is mailed to a property owner in accordance with division (A)(2), and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered as delivered.
(C) In a notice provided under this section, representatives of the city may inform the owner by regular mail and a posting on the property, or by personally delivering the notice, 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 of the 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 a notice under this subsection occurs within the one-year period, and the city has not been informed in writing by the owner of an ownership change, then the city, without notice, may take any action permitted by the Tex. Health and Safety Code § 342.006(a)(1) and (2) and assess its expenses as provided by Tex. Health and Safety Code § 342.007.
(1998 Code, § 62-116) (Ord. 13-09, passed 4-3-2013)
Penalty, see § 94.999
Statutory reference:
Notice to remove unsanitary, unsightly and the like conditions, see Tex. Health and Safety Code § 342.006