§ 5-83. Expense of lien.

(a)

If an owner or other interested party does not vacate, secure, repair, remove, demolish, or relocate occupants of a building within the time allotted in an order issued pursuant to this article, the city may take the ordered action at its expense at the direction of the city commission. If the city repairs the building, such repairs shall only be to the extent required to meet minimum standards and only if the building is a residential building with ten or fewer dwelling units.

(b)

As an alternative to subsection (a) the board may assess a civil penalty against the property owner for failure to repair, remove or demolish the building. The board shall mail a notice of penalty by certified mail, return receipt requested, to the property owner advising the amount and duration of the penalty, the date on which it is due, and notice that failure to pay said penalty shall result in a lien being placed on the property.

(c)

In addition to subsections (a) and (b) above, the city may assess and recover a civil penalty against a property owner at the time of the board hearing for violations of this article, pursuant to V.T.C.A., Local Government Code §§ 214.0015.

(d)

Any expenses incurred by the city pursuant to subsection (a) of this section, and any civil penalties incurred by the owner pursuant to subsections (b) and (c) of this section will be assessed against the property on which the building stands or stood. The city will have a privileged lien upon filing same in the official public records of the Eastland County Clerk subordinate only to tax liens against the property unless it is a homestead as protected by the Texas Constitution. The lien will be extinguished if the property owner or other interested party reimburses the city for all expenses and penalties.

(e)

Any civil penalty or other assessment imposed under this section accrues interest at the rate of ten percent a year from the date of the assessment until paid in full, pursuant to Texas Local Government Code §§ 214.0015.

(Ord. 690, 9-22-04)