9.04.880 - City abatement.
A. The director is authorized to notify the owner about the condition of the land constituting a public nuisance due to accumulation of solid waste, recyclables, weeds and vegetation, other waste, or any other unacceptable, unsightly or unsanitary matter in violation of this chapter. Such solid waste, recyclables, weeds and vegetation, other waste, or any other unacceptable, unsightly or unsanitary matter in violation of this chapter must be removed within seven calendar days after the receipt of such notice. Such notice will further state that if the current property condition is not corrected within the seven calendar days from the service of such notice, the city may, without further notice abate this public nuisance by cleaning the property, and charge the cost of expense incurred in doing such work to the owner of such property and fix a lien thereon as provided by this article.
B. Such notice shall be in writing and delivered in person or sent by mail (or by any means authorized by state law) to the owner, or to any one or more of the owners if the land is owned jointly or in common at the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located, or to any agency having the authority to lease, rent, sell, manage or take care of the land. If the correction notice cannot be hand delivered at the time of the investigation, or the owner's address recorded in the central appraisal district is unknown, notice may be given by publication at least once in a newspaper of general circulation, by posting the notice on or near the front door of each building on the property to which the violation relates, or by posting the notice on a placard attached to a stake driven into the ground on the property which the violation relates, if the property contains no buildings.
C. If the city mails a notice to a property owner in accordance with this section, and the United States Postal Services returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered as delivered.
D. The person given such a notice or their representative may request a hearing with the city manager or his designee within seven calendar days after the receipt of the notice, to present their reasons for which this ordinance should not be enforced.
E. If the property owner or their representative fails to remove an accumulation of solid waste, recyclables, weeds and vegetation, other waste, or any other unacceptable, unsightly or unsanitary matter in violation of this chapter within seven calendar days after the receipt or posting of notice, the department shall arrange to have the cleaning, disposal or removal of solid waste, recyclables, weeds and vegetation, other waste, or any other unacceptable, unsightly or unsanitary matter in violation of this chapter done and assess the cost of such clean up, disposal or removal and all reasonable expenses at the owner's expense and to take any action as provided by this chapter. The notice shall state the cost to the city or other entity, to clean the property, including labor costs, administrative costs, transportation expenses, publication costs, expenses for use of equipment, and materials and other reasonable expenses. The notice shall be sent in writing by the director or city comptroller requesting payment to the city within thirty calendar days of receipt by the property owner. Failure to pay the costs associated with the cleanup will result in a request to city council to pass a resolution declaring the reasonable expenses which include the cost of clean up, disposal or removal, labor costs, administrative costs, transportation expenses, publication costs, expenses for use of equipment, and materials and other reasonable expenses, as well as the established authorized fee relating to the preparation of the required legal documents necessary for the creation of and release of lien, plus the cost of recording the resolution, to be a lien on the property payable within ten calendar days after adoption of the resolution, and thereafter bearing ten percent yearly interest until the debt is paid in full. If passed, a copy of the resolution, authenticated by the acknowledgement of the city clerk, shall be filed for record in the office of the county clerk. The city tax assessor and collector shall send a bill for the amount with all tax bills on the property until the debt is paid in full.
F. The city may provide a notice to inform the owner at the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located, by mail (or by any means authorized by state law) and a posting on the property, or by personal delivery of correction notice, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety within a twelve-calendar month period from the date of the notice, the city without further notice may correct the violations at the owner's expense and assess the clean-up 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 further notice may take any action as provided by Chapter 342 of the Texas Health and Safety Code and assess its expenses as provided by Section 342.007.
(Ord. No. 17380, § 1, 8-24-2010; Ord. No. 17543, § 1, 4-26-2011; Ord. No. 18227, § 1, 8-19-2014; Ord. No. 18468, § 1, 2-23-2016)
