§ 86-115. Collection of charges; notice; hearing; lien.

(a)

The charges provided for in this article shall be levied, assessed and collected by the city.

(b)

The city shall send the owner of the property upon which the work was done and charges were incurred a notice which shall include:

(1)

Identification of the property;

(2)

Description of the violation;

(3)

A statement that the city abated the condition;

(4)

A statement of the city's charges and expenses in abating the condition;

(5)

An explanation of the property owner's right to request a hearing within ten days of the date of the letter; and

(6)

A statement that if the owner fails or refuses to pay the expense within 30 days of the date of the letter, the mayor or his designee shall obtain a lien against the property by filing with the county clerk of Tarrant County a notice of lien and statement of expenses incurred.

(c)

The notice shall be given as provided in section 86-114.

(d)

The city council will hold a hearing if the property owner submits a timely written request. At the hearing, the city council shall determine whether the charges to be assessed are reasonable and properly assessed.

(e)

If no hearing is required, or if a hearing is held and the charge is determined to be valid, and the owner of the property fails or refuses to pay such charges and expenses within 30 days after written notification to pay, the city council may assess the charges and expenses incurred against the property, whereupon the mayor shall file a statement with the county clerk of the expenses incurred in the abatement of the above described condition and the city shall have a privileged lien on the property, second only to tax liens and liens for street improvements. The lien statement shall state the name of the owner, if known, and the legal description of the property.

(f)

Said privileged lien shall bear interest at the rate of ten percent per annum from the date the work was performed or payment therefor was made by the city. For any such expenditures and interest as aforesaid, suit may be instituted and foreclosure had in the name of the city and the statement so made as aforesaid or a certified copy thereof shall be prima facie proof of the amounts expended for any such work or improvement.

(Ord. No. O-97-029-01, § 5, 11-10-97)