§ 28-5. Recovery of expenses.  


Latest version.
  • (a)

    The city may assess expenses incurred in correcting the violation against the property. To obtain a lien against the property as security for the expenses and interest accruing thereon, the mayor, city health officer, or other city official designated by the mayor shall file a statement of expenses with the county clerk, giving:

    (1)

    The name of the owner, if known;

    (2)

    The amount of such expenses;

    (3)

    The date on which such work was done; and

    (4)

    The legal description of the property.

    (b)

    The city shall have a lien on such property upon filing of the statement of expenses with the county clerk, in accordance with section 342.007 of the health and safety code, as amended, or as it may be amended, which lien shall be inferior only to tax liens or liens for street improvements, and such amount shall bear ten percent interest from the date of payment of such expenses.

    (c)

    For any such expense and interest, a suit may be instituted and recovery and foreclosure of such lien may be had in the name of the city, and the statement of expenses so made, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or making such improvements.

(Code 1994, § 7.207; Ord. No. 541, § 1, 4-9-2012)