§ 92.30  LOTS WHERE STAGNANT WATER MAY ACCUMULATE.
   (A)   It shall be unlawful for any person, firm, or corporation who shall own or occupy any lot or lots in the city, to permit or allow holes or places on the lots where water may accumulate and become stagnant, or to permit same to remain.
   (B)   It shall be unlawful for any person, firm, or corporation who shall own or occupy any lot or lots in the city to permit or allow the accumulation of stagnant water thereon, or to permit same to remain.
   (C)   It shall be unlawful for any person, firm, or corporation who shall own or occupy any house, buildings, establishment, lot, or yard in the city to permit or allow any carrion, filth, or other impure or unwholesome matter to accumulate or remain thereon.
   (D)   It shall be unlawful for any person, firm, or corporation who shall own or occupy any lot or lots in the city, to allow weeds, rubbish, brush, or any other unsightly, objectionable, or unsanitary matter to accumulate or grow on the lot or lots.
   (E)   Should any owner of a lot or lots that have places thereon where stagnant water may accumulate and/or which are not properly drained, or the owner of any premises or building upon which carrion, filth, or other impure or unwholesome matter may be, fail and/or refuse to drain and/or fill the same lot or lots, or remove the filth, carrion, or other impure or unwholesome matter, as the case may be, within ten days after notice to the owner to do so, in writing, or by letter addressed to the owner at his or her post office address or within ten days after notice by publication as many as two times within ten consecutive days in any newspaper in Texas, if personal service, may not be had as aforesaid, or if the owner’s address be not known; then in that event, the city may do the filling or draining, or removal of filth, carrion, and the like, or any other unsightly, objectionable, or unsanitary matter, or cause the same to be done and may pay therefor and charge the expenses incurred in doing the work or having the work done or improvements made to the owner of the lot or lots or real estate, and if the work is done or improvements made at the expense of the city, then the expense or expenses shall be assessed on the real estate, or lots upon which the expense was incurred.
   (F)   Should any owner of any lot or lots within the city, who shall allow weeds, rubbish, brush, or any other unsightly, objectionable, or unsanitary matter to grow or accumulate thereon, fail and/or refuse to cut down and/or remove the weeds, rubbish, brush, or other unsightly objectionable or unsanitary matter, as the case may be, within ten days after notice to the owner to do so, in writing, or by letter addressed to the owner at his or her post office address, or within ten days after notice by publication as many as two times within ten consecutive days in any newspaper in Texas, may do the cutting down and/or removing the weeds, rubbish, brush, or any other unsightly, objectionable, or unsanitary matter, or cause the same to be done and may pay therefor, and charge the expenses incurred in doing the work or having the work done or improvements made to the owner of the lot or lots or real estate; and, 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 or lots upon which the expense was incurred.
   (G)   The Mayor or City Health Officer of the city shall file a statement of the expenses incurred under division (E) or under division (F) of this section, as the case may be, giving the amount of the expenses, the date on which the work was done or improvements made, with the County Clerk of Bowie County, Texas and the city shall have a privileged lien on the lot or lots or real estate upon which the work was done or improvements made to secure the expenditures so made, in accordance with the provisions of Tex. Health & Safety Code § 342.007, which lien shall be second only to tax liens and liens for street improvements; and the amount shall bear 10% interest from the date the statement was filed.  It is further provided that for any the expenditures, and interest, as aforesaid, 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, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for the work or improvements.
(Ord. 8-65, passed 9-7-1965)  Penalty, see § 92.99