§ 17-112. City may correct violation.

(a)

Procedure. If at least ten (10) days has expired after notice has been given in accordance with section 17-111 and the owner has failed to correct the violation, the city may enter upon the property and do the work, or pay for the work to be done, as necessary to correct the violation. If the owner commits another violation of the same kind or nature on or before the first anniversary of the date of a notice of a violation as required in section 17-110 and the city has not received written notification by the owner of an ownership change, the city without further notice, as authorized by law, may correct the violation at the owner's expense and assess the expenses against the property as provided by this section.

(b)

Owner assessed costs. A statement of the costs incurred by the city in correcting a violation shall be mailed or delivered to the property owner in accordance with the notice requirements of section 17-111. The costs shall include an administrative fee established by the city council and on file in the office of the city secretary. The payment shall be due within thirty (30) days of the date of mailing.

(c)

Lien to secure costs. If the statement is not timely paid, the city may file a statement with the county clerk of the costs incurred, including administrative costs. Upon filing the statement, the city shall have a privileged lien on the land upon which the costs were incurred, second only to tax liens and liens for street improvements. The amount of the lien shall include ten (10) percent on the delinquent amount from the date payment was made by the city. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city. To collect the costs, suit may be instituted and recovery and foreclosure had in the name of the city.

(d)

Nothing herein shall limit the code enforcement officer's authority under V.T.C.A. Health and Safety Code Ch. 342, and the code enforcement officer is hereby vested with all authority therein provided.

(Ord. No. 2010-132, § 1, 5-11-10; Ord. No. 2017-146, § 4d., 5-9-17)

State law reference

V.T.C.A. Health and Safety Code §§ 342.006—342.008.