§ 16-62. Recovery of costs.

(a)

Whenever the city enters upon the premises and causes any work to be performed to abate a nuisance, or if the building or structure is not vacated, secured, repaired, removed, or demolished, or if the occupants are not relocated within the allotted time, the city may take such action at its own expense, and a charge will be made to the property owner, agent, or tenant to recover the costs associated with the abatement. The charge shall be the actual cost of abatement, plus applicable sales taxes.

(b)

An administrative fee of two hundred dollars ($200.00) shall be assessed for each such charge.

(c)

If the actual charge and the administrative fee are not paid to the city within thirty (30) days after billing, the city may file a lien against the property for the expenses to repair, remove or demolish a building, unless it is a homestead as protected by the Texas Constitution. The lien arises and attaches to the property when the city has the lien recorded and indexed with the Webb County Clerk's Office. The notice shall contain:

(1)

The name and address of the owner, if known, after a reasonable effort;

(2)

A legal description of the real property on which the building was located;

(3)

The amount of expense incurred by the city;

(4)

The balance due; and

(5)

The date on which said work was done or improvements made.

(d)

The city shall have a privileged lien on such lot, lots, or other premises or real estate upon which said building was located, to secure the expenditure so made, second only to other liens as provided by law. It is further provided that for any such expenditure suit may be instituted and foreclosure of said lien may be made 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 such work or expense. The lien is extinguished if the property owner or another person said lien shall be filed in the Deed Records of Webb County, Texas. The charges shown on the lien shall bear interest at the rate of eight (8) percent per annum from the due date until paid. The lien shall be collected under the same terms and provisions of law as on city ad valorem taxes. The lien may be extinguished prior to foreclosure if the owner or other person having an interest in the legal title to the property reimburses the city for its expenses. If the notice is given pursuant to section 16-62(3) above, and the opportunity to abate the nuisance or repair, remove, or demolish the building or structure is afforded to each identified mortgagee or lienholder, the lien is a privileged lien subordinate only to tax liens as authorized by V.T.C.A., Texas Local Government Code, Section 214.001(o).

(Ord. No. 2013-O-025 , § 5, 3-18-13)