§ 16-22. Assessment of expenses; lien.

(a)

The governing body of a municipality may assess expenses incurred under section 16-21 against the real estate on which the work is done or improvements made.

(b)

To obtain a lien against the property, the mayor, municipal health authority, or municipal official designated by the mayor must file a statement of expenses with the county clerk of the county in which the municipality is located. 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 municipality's governing body is security for the expenditures made and interest accruing at the rate of ten (10) percent on the amount due from the date of payment by the municipality.

(d)

The lien is inferior only to:

(1)

Tax liens, and

(2)

Liens for street improvements.

(e)

The governing body of the municipality may bring a suit for foreclosure in the name of the municipality to recover the expenditures and interest due.

(f)

The statement of expenses or a certified copy of the statement is prima facie-proof of the expenses incurred by the municipality in doing the work or making the improvements.

(g)

The governing body of a municipality may foreclose a lien on property under this subchapter in a proceeding relating to the property brought under V.T.C.A. Tax Code, chapter 33E.

(Code 1966, § 15-19; Ord. No. 09-118, 6-23-09)