§ 58-103. Notice to owner; work by or at the direction of city; charging owner and fixing and foreclosing liens.

(a)

Notice shall be given in writing by the code enforcement officer of the city and shall inform the owner of such lot that, if any growth of grass or weeds over 12 inches in height or any accumulation of rubbish, brush or other objectionable, unsightly or unsanitary matter of whatever nature is not corrected or removed by such owner within seven days after such notice is given, the city without further notice may correct or remove or cause the same to be corrected or removed at the expense of the owner and assess such expense against such lot. The code enforcement officer may also inform the owner by regular mail and 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 expenses against the lot.

(b)

The notice provided for in subsection (a) of this section shall be given:

(1)

Personally to the owner in writing;

(2)

By letter addressed to the owner at the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located; or

(3)

If personal service 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 related; 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)

If the code enforcement officer has informed the owner by regular mail and 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 expenses against the lot; and if a violation covered by such notice occurs within such 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 do the work or make the improvements required or pay for the work done or improvements made and assess the expenses to the owner of the lot as provided in subsection (c) of this section.

(d)

If a violation occurs within one year after the owner of such lot has been notified by certified mail, return receipt requested, 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 such notice, the city without further notice may correct the violation at the owner's expense and assess the expense against the lot; and if the city has not been informed in writing by the owner of an ownership change, the city without further notice may do the work or make the improvements required and pay for the work done or improvements made and charge the expenses to the owner of the property as provided in subsection (c) of this section.

(e)

If the notice is mailed to a property owner in accordance with this subsection section, and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered as delivered.

(Code 1976, § 11-36; Ord. No. 96-15, § 2, 9-12-96; Ord. No. 99-31, §§ 2, 3, 10-14-99)

State law reference

Abatement by prosecuting attorney, V.T.C.A., Health and Safety Code § 341.012; abatement by city, V.T.C.A., Health and Safety Code ch. 342.