For all purposes herein, certain terms, phrases, words and their derivatives shall be construed as specified in this code or as specified in the building code, as adopted and as amended. Where a conflict exists, the building code controls. Where terms are not defined, they shall have their ordinary accepted meanings within the context within which they are used. Merriam-Webster’s Dictionary, Unabridged, copyright 1998, shall be considered as providing ordinary accepted meanings. Words in the singular include the feminine and the feminine the masculine. Whenever the words “dwelling unit,” “premises,” and “structure” are used herein, they shall be construed as though they were followed by the words “or any part thereof.”
Accessory building or structure
means a building or structure devoted to uses incidental and accessory to the main use and can be either attached or detached, such as an attached garage, storage area, carport, detached garage, shed, or outbuilding. An accessory building may only exist in conjunction with a primary structure except as otherwise provided in this article.
Appropriate authority
means that person within the governmental structure of the city who is charged with the administration of the appropriate code.
Approved
means authorized by the local or state authority having such administrative authority.
Ashes
means the residue from the burning of combustible materials.
Building
means any structure used or intended for supporting or sheltering any use or occupancy.
Building code
means the building code officially adopted by the city council, or other such codes officially designated by the city council for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures.
Dilapidated
means no longer adequate for the purpose or use for which it was originally intended, or as otherwise defined in this chapter.
Dwelling
means any enclosed space wholly or partly used or intended to be used for human habitation, living, sleeping, cooking, and eating and shall include any outhouse or appurtenance belonging thereto. Industrialized housing and modular construction which conform to nationally accepted industry standards, as defined by HUD, and used or intended for use for living, sleeping, cooking, and eating purposes, shall be classified as dwellings.
Dwelling unit
means a room or group of rooms located within a dwelling forming a single habitable unit with facilities used or intended to be used by a single family for human occupancy such as living, sleeping, cooking, and eating purposes.
Egress
means an arrangement of exit facilities to assure a safe means of exit from buildings.
Garbage
means the animal and vegetable waste resulting from the handling, preparation, cooking, serving, and nonconsumption of food.
Grade
means the natural surface of the ground, or ground surface after completion of any change in contour.
Habitable room
means a room or enclosed floor space within a dwelling used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundry rooms, pantries, foyers, closets, storage spaces or communication corridors.
Heating device
means all furnaces, unit heaters, domestic incinerators, cooking and heating stoves and ranges, and other similar devices capable of converting fuel to heat energy or of transferring heat from one ambient to another and approved by Underwriters’ Laboratories, Inc., the American Gas Association or other nationally recognized testing laboratory.
Household
means one or more individuals living together in a single dwelling unit and sharing common living, sleeping, cooking, and eating facilities.
HUD
means the federal Department of Housing and Urban Development.
Let for occupancy
means to permit possession or occupancy of a dwelling, dwelling unit, building or structure by a person who shall be legal owner or not be legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement or contract for the sale of land.
Maintenance
means repair and other acts to prevent a decline in the condition of ground, structures, and equipment such that the condition does not fall below the standards established by this code and other applicable statutes, codes and ordinances.
Multiple dwelling
means any dwelling containing more than two dwelling units.
Occupant
means any person living and/or sleeping in a dwelling unit or having possession of a space within a building.
Operating condition
means free of leaks, safe, sanitary, and in good working order, in the manner intended.
Operator
means any person who has charge, care, custody, control, or management of a building, or part thereof, in which dwelling units are let for occupancy.
Owner
means any person who, alone, or jointly or severally with others:
(1) 
Has legal title to any premises, dwelling or dwelling unit, with or without actual possession thereof; or
(2) 
Has charge, care, custody or control of any premises, dwelling or dwelling unit, as owner or agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article and the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. Where owners are siblings, relatives or family members, not individually identified on any legal document of record, after a due diligence search as provided herein, notice to one owner shall be deemed notice to all owners.
Person
means any individual, corporation, organization, partnership, association, or any other legal entity.
Plumbing fixture
means a receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises, and demands a supply of water therefrom; or discharges used water, liquid-borne waste materials, or sewage either directly or indirectly to the drainage system of the premises.
Premises
means a platted lot or part thereof or unplatted lot or tract of land or plot of land, either occupied or unoccupied by any dwelling or non-dwelling structure, and includes any such building, accessory structure or other structure thereon.
Properly connected
means connected in accordance with all applicable codes and ordinances of the city; the alteration or replacement of any connection in good working order and not constituting a hazard to life and health.
Public nuisance
means the following:
(1) 
The physical condition or use of any premises regarded as a public nuisance at common law or as defined elsewhere in this code;
(2) 
Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures;
(3) 
Any premises which is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecure as to endanger life, limb or property;
(4) 
Any premises from which the plumbing, heating and/or facilities required by this code have been removed, or from which utilities have been disconnected, destroyed, removed, or rendered ineffective, or the required precautions against unauthorized use or entry have not been provided;
(5) 
Any structure or building that is in a state of dilapidation, deterioration or decay, faulty construction, overcrowded, open, vacant or abandoned, damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and dangerous to anyone on or near the premises;
(6) 
Is dangerous to the physical health or safety of an occupant or other person; or
(7) 
Because of violations of this chapter, the state of disrepair is such that it could reasonably cause injury, damage, or harm to a considerable portion of the community in the use and enjoyment of property, materially interfering with the proper use or comfort and enjoyment of surrounding property, taking into consideration the nature and use of the properties in the area and the character of the community, which condition would be substantially offensive and annoying to persons of ordinary sensibilities living in the community.
Public sewer
means a sewer operated by a public authority or public utility and available for public use.
Rat harborage
means any conditions or place where rats can live, nest, or seek shelter.
Refuse
means a heterogeneous accumulation of worn-out, used, broken, rejected or worthless materials, including, but not limited to, garbage, rubbish, paper or litter and other decayable or nondecayable matter.
Rubbish
means nonputresclble solid wastes (excluding ashes) consisting of either:
(1) 
Combustible wastes such as paper, cardboard, plastic containers, yard clippings, and wood; or
(2) 
Noncombustible wastes such as tin cans or glass crockery.
Safety
means the condition of being reasonably free from danger and hazards which may cause accidents or disease.
Sanitary
means any condition of good order and cleanliness that precludes the probability of disease transmission.
Structure
means that which is built or constructed, an edifice, building, or fence of any kind, or any piece or work artificially built up or composed of parts joined together in some definite manner.
Uninhabitable, dangerous or substandard structure
means any dwelling, dwelling unit, building or structure which has any or all of the defects and deficiencies as defined herein.
(Ordinance 2011-002, sec. 20/101, adopted 6/9/11)
(a) 
Criminal penalty.
(1) 
A person who violates a provision of this article, or who fails to perform an act required of him by this article, commits a misdemeanor offense. A person commits a separate offense each day or portion of a day during which a violation is committed, permitted, or continued.
(2) 
An offense under this article is punishable by a fine not to exceed $2,000.00.
(3) 
Allegation and evidence of a culpable mental state is not required for an offense under this article.
(b) 
Civil penalty.
(1) 
The city may, in accordance with chapter 54, subtitle B, of the Texas Local Government Code, as amended, bring a civil action against a person violating a provision of this article relating to dangerously damaged or deteriorated structures or improvements or for conditions caused by accumulations of trash, garbage, refuse, vegetation, or other matter that creates breeding and living places for insects and rodents.
(2) 
The civil action may include, but is not limited to, a suit to recover a civil penalty not to exceed $1,000.00 for each day or portion of a day during which the violation is committed, continued, or permitted by the owner or occupant of the property, as provided in this article.
(3) 
The city, by order of the city council, may assess and recover a civil penalty against a property owner, if the owner fails to take the requisite action as ordered by the city council, after a hearing on the matter. The civil penalty may not exceed $1,000.00 a day for each violation or, if the owner shows that the property is the owner’s lawful homestead, an amount not to exceed $10.00 a day for each violation, if the city proves:
(A) 
The property owner was notified of the requirements of this article and the owner’s need to comply with requirements; and
(B) 
After notification, the property owner committed an act in violation of this article or failed to take an action necessary for compliance with this article.
(4) 
A determination by the city council which involves the establishment of an amount and duration of a civil penalty shall be final and binding and constitute prima facie evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the city for final judgment in accordance with the established penalty.
(5) 
To enforce any civil penalty under this section, the city secretary must file in the district clerk’s office in which the municipality and property is located, a certified copy of the order of the city council establishing the amount and duration of the penalty. No other proof is required for a district court to enter final judgment on the penalty.
(c) 
Other available remedies.
The city shall have all other available remedies at law and in equity to enforce the provisions of this article.
(d) 
Municipal court proceedings not affected.
Action taken by the city under this article shall not affect the ability of the city to proceed under the jurisdiction of the city’s municipal court.
(Ordinance 2011-002, sec. 20/102, adopted 6/9/11)
All references to the duties of certain officials shall be to the official designated by the city who shall be the chief of police or code compliance officer of the city, and those he designates to act under his authority (collectively known as the “code compliance officer”). If he so desires, the mayor may designate an official to perform such duties as are assigned to devote such personnel under his direction to the extent necessary to accomplish enforcement of the provisions of this article.
(Ordinance 2011-002, sec. 20/103, adopted 6/9/11)
The city declares every substandard building or structure as herein defined to be a public nuisance and subject to repair, vacation, or demolition to abate such nuisance as herein provided in order to protect the health, safety and welfare of the occupants and the public health.
(Ordinance 2011-002, sec. 20/104, adopted 6/9/11)
(a) 
For the purpose of ascertaining whether violations of this article exist, the code compliance officer is authorized to inspect:
(1) 
The exterior of a structure and premises which contain no structure; and
(2) 
The interior of a structure, if permission of the owner, occupant, or person in control is given. If such entry is refused, the code compliance officer shall have every recourse provided by law, including, but not limited to, an administrative search warrant or an injunction to secure entry.
(b) 
If the structure is unoccupied and open for unauthorized entry or use, and/or the owner, occupant, or person in control cannot be identified or located, the code compliance officer may enter the property to the extent allowed by law.
(Ordinance 2011-002, sec. 20/105, adopted 6/9/11)
(a) 
Generally.
Whenever the code compliance officer has inspected or caused to be inspected any structure or lot and has found and determined that such structure or lot is substandard, he may commence proceedings to cause repair, rehabilitation, vacation, or demolition of the structure or lot.
(b) 
Notice to abate.
The code compliance officer shall issue a notice to abate a substandard structure or lot. The notice shall contain:
(1) 
The street address or a legal description sufficient for identification of the premises upon which the structure is located;
(2) 
A description of the violations that are present at the building;
(3) 
A statement of that the city will vacate, secure, remove or demolish the building or relocate the occupants of the building if the ordered action is not taken within the time set out in this article;
(4) 
A statement advising that a notice of hearing is forthcoming and a description of the hearing. The hearing shall provide the city council the means to consider or determine whether a structure or lot complies with the standards set forth herein and to consider or determine whether a structure or lot must be repaired or demolished, as set forth in the notice by the code compliance officer; and
(5) 
Statements advising that if the owners of record are in full agreement with a demolition order, and if the owners are financially unable to abate such nuisance, then the owners of record may grant the city written permission to abate said nuisance, and in doing so shall grant the city a lien against the real property as described in this article.
(c) 
Notice of hearing.
The code compliance officer shall give notice of a public hearing to all known owners, lienholders, or mortgagees for the city council to consider or determine whether a structure or lot complies with this article and to consider or determine whether a structure or lot must be repaired, secured or demolished. The notice shall be mailed and posted as provided herein, and published in the official newspaper of the city on one occasion, on or before the tenth day before the date of the hearing. The notice of hearing shall contain:
(1) 
The name and address of the owner of the affected property, if known;
(2) 
A legal description of the property, or as the physical address;
(3) 
A description of the hearing;
(4) 
The date, time, and place of the public hearing. This date shall be established not less than ten days from the date of the notice;
(5) 
A statement advising that securing the required permits and physically commencing the required action shall be considered as intent to comply with the notice to abate, and that the hearing shall be temporarily postponed. Should abatement halt, or not progress at a rate determined to be reasonable by the code compliance officer, the hearing shall be recalled; and
(6) 
A statement that the owner, lienholder, or mortgagees will be required to submit at the hearing proof of the scope of any work that may be required to comply with this article and the time it will take to reasonably perform the work.
(d) 
Service of notices and orders.
The written notice of the notice to abate, the notice of hearing and any supplemental notices or orders shall be served upon the owner, lessor, lienholder, and mortgagees of record and occupant, if different than the owner of the structure or lot. Service of these notices and orders shall be upon all persons entitled thereto either personally or by mailing a copy of such notice by certified mail, return receipt requested, and an optional second copy by regular mail, to each such person at his address as it appears on the county tax rolls, or as discovered by due diligence, as defined by subsections (d)(1) through (6) of this section, and the notice shall be posted on the front door of each improvement situated on the affected property or as close to the front door as practical. The following of these procedures shall be prima facie evidence of notification. If a certified notice is returned as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice shall be deemed delivered. The city has satisfied the requirements of this section to make a diligent effort to determine the identity and address of an owner, a lienholder, or a mortgagee if the city searches the following records:
(1) 
County real property records of the county in which the building is located;
(2) 
Appraisal district records of the appraisal district in which the building is located;
(3) 
Records of the secretary of the state;
(4) 
Assumed name records of the county in which the building is located;
(5) 
City tax records; and
(6) 
City utility records.
(e) 
Filing of notices and orders with county.
A copy of the notice and any notices, or such orders as may be issued pursuant to these provisions, shall be filed with the county deed records in the county where the property is located. The notice must contain the name and address of the owner of the affected property if that information can be determined from a reasonable search of the instruments on file in the office of the county clerk, or upon a due diligence search as set forth herein, a legal description of the affected property, and a description of the proceeding. The filing of said notice is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after the filing of said notice, and constitutes notice of said hearing, on any subsequent recipient of any interest in the property who acquires such interest after the filing of said notice or filing of any said orders.
(Ordinance 2011-002, sec. 20/106, adopted 6/9/11)
(a) 
Conduct of hearing; issuance of order.
During an officially convened meeting, the city council shall hold a public hearing on each case and shall hear such testimony as may be presented by any department of the city, the code compliance officer, or the owner, occupant, mortgagee or any other person having an interest in such building to determine whether a building complies with the standards of this article. The owner, lienholder, or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with this article and the time it will take to perform the work. After all testimony has been received, the public hearing shall be closed and the city council shall deliberate on the case in open session. The city council shall make written findings of fact from testimony offered as to whether the building complies with the standards of this code.
(1) 
After the meeting, if a building is found in violation of standards set forth in this article, the city council may order that the building be vacated, secured, repaired, removed, or demolished by the owner within a reasonable time as provided herein. The city council also may order that the occupants be relocated within a reasonable time, at the cost of the owner, lienholders or mortgagees. The city council reserves the right to determine what a reasonable amount of time to perform the ordered work is or what a reasonable amount of time to relocate occupants is.
(2) 
The city council may require the owner, lienholder, or mortgagee of the building to, within 30 days:
(A) 
Secure the building from unauthorized entry or use; or
(B) 
Repair, remove, or demolish the building, unless the owner, lienholder, or mortgagee establishes at the hearing that the work cannot reasonably be performed within 30 days.
If the city council allows the owner, lienholder, or mortgagee more than 30 days to repair, remove, or demolish the building, the city council shall establish specific schedules for the commencement and performance of the work and shall require the owner, lienholder, or mortgagee to secure the property in an approved manner from unauthorized entry while the work is being performed, as determined by the city council.
(3) 
The city council may not allow the owner, lienholder, or mortgagee more than 90 days to repair, remove, or demolish the building or fully perform all work required to comply with the order unless the owner, lienholder, or mortgagee:
(A) 
Submits a detailed plan and time schedule for the work at the hearing; and
(B) 
Establishes at the hearing that the work cannot justifiably be completed within 90 days because of the scope and complexity of the work.
If the city council allows the owner, lienholder, or mortgagee more than 90 days to complete any part of the work required to repair, remove, or demolish the building, the city council shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the code compliance officer and to the city council to demonstrate that the owner, lienholder, or mortgagee has complied with the time schedules established for commencement and performance of work. The order may require that the owner, lienholder, or mortgagee appear before the city council to demonstrate compliance with the time schedule.
(b) 
Requirements after meeting.
After the meeting, the secretary for the city council shall, within ten days after the date the order is issued:
(1) 
File a copy of the order in the office of the city secretary;
(2) 
Publish in a newspaper of general circulation in the city a notice containing:
(A) 
The street address or legal description of the property;
(B) 
The date of the hearing;
(C) 
A brief statement indicating the results of the order; and
(D) 
Instructions stating where a complete copy of the order may be obtained; and
(3) 
Promptly mail by certified mail, return receipt requested, and optional second copy by regular mail, a copy of the order to the owner, any lienholders, and any mortgagees of the building, as determined by due diligence, as defined in this article.
(Ordinance 2011-002, sec. 20/107, adopted 6/9/11)
(a) 
If the code compliance officer shall, upon inspection of any building within the city, find the same to be uninhabitable and dangerous, he shall place a placard on the uninhabitable and dangerous building reading as follows:
WARNING
This building has been found to be an UNINHABITABLE AND DANGEROUS STRUCTURE by the code compliance officer. This building is to be vacated immediately. This placard is to remain on the structure until it is repaired or demolished in accordance with the notice dated __________ which has been mailed to all known persons having an interest in this building or property as shown by the County Clerk of Henderson County. It is a violation of section 4.03.008(b), punishable by a fine up to $2000.00, for anyone to remove this placard until such notice has been complied with.
Signed ________________________
Code Compliance Officer or Designee
(b) 
No person shall occupy any building posted with such placard nor shall any person deface, destroy or remove any such placard. It is a violation of this subsection, punishable by a fine up to $2000.00, for anyone to remove this placard until such notice has been complied with.
(c) 
The placard shall be posted on the front door or as near to the front door as practicable on the uninhabitable and dangerous dwelling or a building to which it relates.
(d) 
When the placard has been posted, the owner or occupant of the uninhabitable and dangerous dwelling or a building shall render it secure from entry by unauthorized persons.
(e) 
The city shall send notice as required pursuant to section 4.03.006.
(Ordinance 2011-002, sec. 20/108, adopted 6/9/11)
(a) 
Purpose.
The owner or person in control of an unoccupied structure shall ensure that the building is in such condition that an unauthorized person cannot enter the structure through missing or unlocked doors or windows or through other openings into the building. The city may secure unoccupied, unsecured structures, or structures occupied by persons who do not have the right of possession of the building. A lien may be filed on real property to assure the cost of securing the structure as set forth herein.
(b) 
Definitions.
(1) 
An unsecured structure is hereby defined to be any structure or building that currently has no occupant with the right of possession of the building and which has missing or unlocked doors or windows or other unsecured openings into the building through which unauthorized persons can enter. Any unoccupied, unsecured structure or building is hereby declared to be a danger to public health and safety and is hereby declared to be a public nuisance.
(2) 
An unoccupied structure is hereby defined to be any structure or building that appears vacant or abandoned as evidenced by: no active utility account, absence of personalty, general conditions of neglect and any other substantiated evidence of vacancy or abandonment that may be presented by the code compliance officer.
(c) 
City may secure.
The code compliance officer may secure a building that:
(1) 
Violates the standards of this chapter; and
(2) 
Is an unsecured structure.
This authority is in addition to that regarding substandard buildings.
(d) 
Notice.
(1) 
Before the 11th day after the date the building is secured, the code compliance officer shall give notice to the owner of record by:
(A) 
Personally serving the owner with written notice;
(B) 
Sending a copy of the notice by certified mail, return receipt requested, and an optional copy by regular mail, at the owner’s post office or physical address;
(C) 
Publishing the notice at least twice within a ten-day period in the city’s official newspaper if personal service cannot be obtained and the owner’s post office or physical address is unknown; or
(D) 
Posting the notice on or near the front door of the building if personal service cannot be obtained or the owner’s post office or physical address is unknown.
(2) 
The notice must contain the following:
(A) 
An identification, which is not required to be a legal description, of the building and the property on which it is located;
(B) 
A description of the violation of this chapter that is present at the building;
(C) 
A statement that the city will secure or has secured, as the case may be, the building; and
(D) 
An explanation of the owner’s entitlement to request a hearing about any matter relating to the city’s securing of the building.
(3) 
The city shall conduct a hearing before the city council at which the owner may testify or present witnesses or written information about any matter relating to the city’s securing of the building if, within 30 days after the date the city secures the building, the owner files with the city secretary a written request for the hearing. The city shall conduct the hearing within 20 days after the date the request is filed.
(e) 
Method of securing.
The securing of windows, doors, or any other opening allowing access to an unsecured, unoccupied structure shall be done with such material and in such a fashion as to effectively bar entrance to the structure, including, but not limited to, plywood, lumber, steel, replacement glass, nails, screws, and bolts. The use of cardboard, tar paper, window and door screens or any other material that will not effectively prevent entrance shall not be deemed sufficient in securing a structure.
(Ordinance 2011-002, sec. 20/109, adopted 6/9/11)
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless an uninhabitable and dangerous building is immediately repaired, vacated or demolished, the code compliance officer shall cause the immediate repair, vacation or demolition of such uninhabitable and dangerous building or dwelling. The costs of such emergency repair, vacation, demolition or other compliance shall be collected in the same manner as provided in section 4.03.012.
(Ordinance 2011-002, sec. 20/110, adopted 6/9/11)
If, after the expiration of the time allotted under section 4.03.007, the owner fails to satisfy any requirement or mandate set forth therein, the city may:
(1) 
Proceed with the hearing, in the absence of the owner if the city sent the proper notices and performed the requisite due diligence to ascertain the owners, lienholders and mortgagees of the property;
(2) 
Vacate, remove, secure or demolish, or cause to be vacated, removed, secured or demolished, the building and/or relocate the occupants at his own expense, should the owner fail to do so within the allotted time. The expense may be assessed as a lien against the property as allowed by law;
(3) 
Repair or cause to be repaired the building only to the extent necessary to bring the structure into compliance with the minimum standards and only if the building is a residential building with ten or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds the minimum standards, as defined by this code, and expenses may be assessed, as provided in section 4.03.012; or
(4) 
Assess a civil penalty against the property owner for failure to repair, remove, demolish, or secure the building, as provided in this article.
(Ordinance 2011-002, sec. 20/111, adopted 6/9/11)
(a) 
Generally.
If the city does or causes to be done any work pursuant to a city council order, including, but not limited to, the abatement, repair, demolition, or securing of a structure or lot, or the abatement of any conditions caused by accumulation of refuse, vegetation or other matter, the city may proceed to secure payment for actual costs and as otherwise allowed by law. The code compliance officer shall keep an itemized account of any expenses incurred in abating, repairing, demolishing, or securing of a structure or lot or in abating any other condition on the property.
(b) 
Lien.
The actual cost of abating, repairing, demolishing, or securing a structure or lot, or abating any other condition on the property, shall become due and payable upon the completion of the repairing, demolishing, or securing of the structure or other abatement procedure. The city may assess the expenses on and the city has a lien against the property on which the building was located. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the county. The notice shall contain: the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the property on which the building was located, the amount of owner or other person having an interest the legal title to the property reimburses the city for the expenses [sic]. All such charges shall bear interest at the rate of ten percent per annum from the date the owner of the real property receives the aforementioned notice of demand for payment of such charges. The city may bring suit in a court of competent jurisdiction to foreclose its liens and collect all monies and fees due. The written statement of such charges, or a certified copy thereof, shall be prima facie evidence of the city’s claim for charges or right to foreclose the lien.
(c) 
Homesteads.
Real property protected by the state constitution as a homestead shall not be subject to assessment of liens resulting in expenses involved in the abatement, repair, or demolition or in securing a structure or lot as described in the process of this article.
(Ordinance 2011-002, sec. 20/112, adopted 6/9/11)