§ 10-83. Procedure for abating property maintenance nuisances.

(a)

Whenever a condition described in this article is found to exist on any premises within the city, the owner of such premises may be notified by the city in writing to correct, remedy, or remove the nuisance within seven (7) days after such notice. Failure to comply with the notice is a separate violation. Such notice and failure to comply with it is not an element of an offense defined in this article, but an element of a separate and distinct offense under this subsection.

(b)

This notice shall be served either:

(1)

Personally to the owner in writing;

(2)

By a letter addressed to the owner at the owner's address as recorded in the appraisal district records of Tarrant County; or

(3)

If personal notification 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, if the property contains no buildings.

(c)

In a notice provided under this section, the city may inform the owner by regular mail or 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 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 section 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 do the work or make the improvements required and pay for the work done or improvements made and charge the expenses and an administrative fee to the owner of the property.

(d)

If the owner of any lot or premises, upon which a condition described in this article exists, fails to correct, remedy, or remove such nuisance within seven (7) days after notice to do so is given in accordance with this article, the city may do the work or make the improvements required, and pay for the work done or improvements made and charge the expenses incurred to the owner of the property. In addition to the expenses incurred by the city, an administrative fee will be added for the administrative expenses of the city. The amount of such fee will be approved from time to time by the city manager and the fee schedule will be on file in the city secretary's and the building official's office.

(e)

The city's expenses for correcting or removing the nuisance may be assessed against the lot of real estate upon which the work was done or the improvements made. Whenever any work is done or improvements are made by the city under the provisions of this section, the mayor, municipal health authority, or municipal official designated by the mayor, on behalf of the city shall file a statement of the expenses with the county clerk. The lien statement must state the name of the owner, if known, and the legal description of the property and the amount of expenses incurred. The city manager or his/her designee is hereby authorized to execute releases of liens upon payment.

(f)

After the lien statement is filed, the city shall have a privileged lien on a lot or real estate, upon which the work was done or the improvement made, to secure the expenses incurred. Such lien shall be second only to tax liens and liens for street improvements, and the amount thereof shall bear interest at the rate of ten (10) percent per annum from the date of payment by the city of such expenses. For any such expenditures and interest, suit may be instituted and recovered and foreclosure of the lien may be had in the name of the city, and the lien statement shall be prima facie proof of the amount expended of such work improvements.

(Ord. No. 1976, § 1, 2-14-06; Ord. No. 2054, § 2, 5-27-08)