§ 10-301. Recovery of cost of securing, repair, removal or demolition.  


Latest version.
  • (a)

    Itemized account and notice of lien. The building official shall keep an itemized account of the expenses incurred by the city in the securing, repair, removal or demolition of any building pursuant to this article. Upon completion of the work, the building official shall prepare and file with the city secretary a sworn account and notice of lien containing the following information:

    (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 is or was located;

    (3)

    The type of work performed; and

    (4)

    The amount of expenses incurred by the city in performing the work and the balance due.

    (b)

    Notice filed in county records. The city secretary shall file the notice of lien along with a copy of the order of abatement issued by the board in the deed records of the county in which the premises are located.

    (c)

    Personal obligation of property owner. The expenses incurred by the city as set forth in the sworn account of the building official shall be a personal obligation of the property owner in addition to a priority lien upon the property. The city attorney may bring an action in any court of proper jurisdiction against the owner or property to recover the costs incurred by the city.

    (d)

    Lien shall be valid and privileged. Upon filing of the notice of lien in the deed records of Tarrant County, Texas, the lien shall be valid against the property so assessed. The lien shall be privileged and subordinate only to tax liens and shall be paramount to all other liens. The lien shall continue until the assessment and all interest due and payable thereon has been paid.

    (e)

    Assessment must be paid. No utility service, building permit or certificate of occupancy shall be allowed on any such property until the assessment is paid and such lien is released by the city.

    (f)

    Release of lien. After the expenses incurred by the city, as set forth in the sworn account of the building official, have been fully paid with interest of ten percent per annum from the date the work was performed, the building official shall execute a release of lien which shall be filed in the deed records of Tarrant County, Texas.

(Ord. No. 2011-09, § 1, 6-21-11)