1990-188ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 12 OF
THE CODE OF ORDINANCES RELATING TO NOTICE, ABATEMENT, AND THE
LEVYING OF THE COST OF ABATEMENT AGAINST PROPERTY WHERE THE OWNER
THEREOF FAILS TO KEEP THE PROPERTY FREE OF GARBAGE, TRASH, RUBBISH,
HIGH GRASS AND WEEDS OR FAILS TO CLEAR A MIGRATORY BIRD ROOST, AS
REQUIRED BY CHAPTER 12; PROVIDING FOR APPEALS FROM THE ASSESSMENT;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Sections 12-27, 12-28, 12-34, and 12-35 of
the Code of Ordinances are repealed.
SECTION II. That Article VII of Chapter 12 of the Code of
Ordinances is amended to read as follows:
ARTICLE VII.
NOTICE, ABATEMENT, AND COLLECTION OF COSTS
Sec. 12-36. Notice of Violation.
If the owner of property fails or refuses to comply
with section 12-7, section 12-26, or section 12-33 of
this chapter, the City shall give written notice to the
property owner. The notice shall be delivered to the
owner or mailed to the owner's post office address. If
delivery in person is not possible or if the owner's post
office address is unknown, notice shall be given by
publication in the City's official newspaper at least
twice within 10 consecutive days.
Sec. 12-37. City May Correct Violation.
If, at the expiration of ten (10) days after
delivery, mailing, or publication of the notice, the
owner fails to correct the violation, the City may enter
upon the property and do the work, or pay for the work to
be done, as necessary to correct the violation.
Sec. 12-38. Owner Assessed Costs.
A statement of the costs incurred by the City in
correcting a violation shall be mailed to the property
owner. The costs shall include an administrative fee of
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eighty dollars ($80.00). The statement shall be due
within thirty (30) days of the date of mailing.
Sec. 12-39. Lien to Secure Costs.
If the statement is not timely paid, the City may file a
statement with the county clerk of the costs incurred,
including administrative costs. Upon filing the state-
ment, the City shall have a privileged lien on the land
upon which the costs were incurred, second only to tax
liens and liens for street improvements. The amount of
the lien shall include ten (10%) percent on the delin-
quent amount from the date payment was made by the City.
The statement of expenses or a certified copy of the
statement is prima facie proof of the expenses incurred
by the City. To collect the costs, suit may be institut-
ed and recovery and foreclosure had in the name of the
city.
Sec. 12-40. Appeal of Costs Imposed.
Within fifteen (15) days of the date the statement
of costs is mailed to the owner of the premises, the
owner may appeal the reasonableness of the charges billed
for abating the condition to the City Council by filing
a written statement with the City Manager or his
designee, stating why the charges are unreasonable. The
appeal shall be submitted to the City Council for its
review within a reasonable time after filing. If the
Council finds the charges unreasonable, it shall assess
the costs as it deems reasonable. The administrative
charge shall not be appealable.
Sec. 12-41--12-50. Reserved.
SECTION III. If any section, subsection, paragraph, sentence,
clause, phrase or word in this agreement, or application thereof to
any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity
of the remaining portions of this agreement, and the parties hereby
declare they would have enacted such remaining portions despite any
such invalidity.
SECTION IV. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this thez2g L/L_/day of ~ 1990.
AL ~
BOB CASTLEBERRY, MAYS
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