§ 6-151. Assessment of lien.  


Latest version.
  • When the city incurs expenses to repair, remove or demolish a building, the city may assess the expenses on and obtain a lien against the property on which the building is located, unless it is a homestead as protected by the Texas Constitution. The lien arises and attaches to the property when the city has the lien recorded and indexed with the county clerk of the county in which the property is located. The notice shall contain:

    (1)

    The name and address of the owner, if that information can be determined with a reasonable effort;

    (2)

    A legal description of the real property on which the building was located;

    (3)

    The amount of expense incurred by the city;

    (4)

    The balance due; and

    (5)

    The date on which said work was done or improvements made.

    The city shall have a privileged lien on such lot, lots, or other premises or real estate upon which said building was located, to secure the expenditure so made, second only to other liens as provided by law. It is further provided that for any such expenditure suit may be instituted and foreclosure of said lien may be made in the name of the city; and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or expense.

    The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the city for the expenses.

(Ord. No. 17-121 , 11-14-17)