It shall be unlawful for any person, firm or corporation who
shall own or occupy any house, building, establishment, lot or yard
in the City of Tahoka to permit or allow any carrion, filth or other
impure or unwholesome matter to accumulate or remain thereon.
(Ordinance adopted Code)
It shall be unlawful for any person, firm or corporation who
shall own or occupy any lot or lots in the city, to allow weeds, rubbish,
brush or any other unsightly, objectionable or unsanitary matter to
accumulate or grow on said lot or lots to a height in excess of twelve
(12) inches.
(Ordinance 0810A adopted 8/13/10)
(a) Upon becoming aware of a violation of Section
6.401,
6.402 or
6.403, the city manager shall cause a written notice to be given to the property owner to remove or abate the violation. Such notice shall state the nature of the violation and that it must be removed or abated within seven (7) days. If the owner of the property does not remove or abate the violation within seven (7) days of notice of the violation, the city may do the work or make the improvements required or pay for the work done or improvements made and charge the expenses to the owner of the property.
(b) The
notice must be given by at least one of the following:
(1) Personally
to the owner in writing;
(2) By
letter addressed to the owner at the owner’s address as recorded
in the county appraisal district records; or
(3) If
personal service cannot be obtained:
(A) By publication at least once in the official newspaper;
(B) By posting the notice on or near the front door of each building
on the property to which the violation relates; 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 city mails a notice to a property owner in accordance with subsection
(b), 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.
(d) In a notice provided under this article, the city may 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 expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the city has not been informed in writing by the owner of an ownership change, then the city without notice may take any action permitted in subsection
(a) and assess its expenses as provided by Section
6.406.
(Ordinance 0810A adopted 8/13/10)
The city may immediately abate the nuisances of weeds in excess
of forty-eight (48) inches in height which are an immediate danger
to the health, life or safety of any person.
(Ordinance 0810A adopted 8/13/10)
(a) The city may assess expenses incurred under Section
6.404 hereof against the real estate on which the work is done or improvements made.
(b) The
mayor or city manager of the city shall file a statement of such expenses
incurred, giving the amount of such expenses and the date on which
said work was done or improvements made with the county clerk. The
lien statement must state the name of the owner, if known, and the
legal description of the property. The lien attaches upon the filing
of the lien statement with the county clerk.
(c) The
lien obtained by the city is security for the expenditures made and
interest accruing at the rate of 10 percent per annum on the amount
due from the date of the filing of the lien statement by the city.
(d) The
lien is inferior only to tax liens and liens for street improvements.
(e) The
city may bring a suit for foreclosure in the name of the city to recover
the expenditures and interest due, and shall be entitled to recover
reasonable attorney’s fees and court costs incurred in enforcing
the lien. The city shall have the right to obtain an order of sale
of the property, by sheriff’s deed, with the proceeds of sale
to be applied first to the expenses of suit, attorney’s fees
and court costs, then to the expenses incurred by the city in doing
the work or making the improvements, with the balance to be paid to
the property owner or owners.
(f) The
statement of expenses or a certified copy of the statement shall constitute
prima facie proof of the expenses incurred by the city in doing the
work or making the improvements.
(Ordinance 0810A adopted 8/13/10)
Any violation of the provisions of this article shall constitute a misdemeanor and shall be punishable by a fine in accordance with the general penalty provision found in Section
1.109 of this code. Each occurrence or day of a violation shall be deemed a separate violation.
(Ordinance 0810A adopted 8/13/10)