(a)
If the time allotted for the repair, removal or demolition of a building under this article has expired, then the city council may, in addition to the authority granted under chapter 214, Texas Local Gov’t. Code, and the foregoing sections of this article:
(1)
Order the repair of the building at the city’s expense and assess the expenses on the land on which the building stands or to which it is attached; or
(2)
Assess a civil penalty of up to $1,000.00 per day against the responsible party for failure to repair, remove, or demolish the building.
(3)
Authorize the city code enforcement authority to invite at least two (2) or more building contractors to make estimates pertaining to the needed repair, removal or demolition of a building. The code enforcement authority shall cause to be made an assessment of expenses, and may also recommend civil penalties, based on such estimates. The code enforcement authority shall endeavor to minimize the expenses of any building repairs, removal or demolition ordered pursuant to this article.
(b)
The city shall impose a lien against the land on which the building stands or stood, unless it is a homestead as protected by the Texas Constitution, to secure the payment of the repair, removal, or demolition expenses or the civil penalty. Promptly after the imposition of the lien, the city shall file for record, in recordable form in the office of the county clerk, a written notice of the imposition of the lien. The notice shall contain a legal description of the land.
(c)
The city’s lien to secure the payment of a civil penalty or the costs of repairs, removal, or demolition is inferior to any previously recorded bona fide mortgage lien attached to the real property to which the city’s lien attaches if the mortgage lien was filed for record in the office of the county clerk before the date the civil penalty is assessed or the repair, removal, or demolition is begun by the city. The city’s lien is superior to all other previously recorded judgment liens.
(d)
Any civil penalty or other assessment imposed under this section accrues interest at the rate of 10 percent a year from the date of the assessment until paid in full. The city may further file with the district clerk a copy of an ordinance assessing a civil penalty pursuant to this article.
(e)
In any judicial proceeding regarding enforcement of the city’s rights under this section, the prevailing party is entitled to recover reasonable attorney’s fees as otherwise provided by statute.
(f)
A lien acquired under this section by the city for repair expenses may not be foreclosed if the property on which the repairs were made is occupied as a residential homestead by a person 65 years of age or older.
(Ordinance 2015-12-14-01, sec. 5(5.01), adopted 12/14/15)