§ 17-25. Notice of violation prior to abatement by City

(a) Notice required. Except as provided by Section 17-26 of this article, in the event that any person owning any real property, occupied or unoccupied, improved or unimproved, developed or undeveloped, within the corporate limits of the City fails or refuses to comply with the provisions of this article, the City shall give seven (7) days' notice of the violation to the owner prior to abating the violation, as provided herein.

(b) Manner of notice. The notice shall be given:

(1) Personally to the owner in writing; or

(2) By letter addressed to the owner at the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located; or

(3) If personal service cannot be obtained or the owner's address is unknown:

a. By publication at least once; or

b. By posting notice on or near the front door of each building on the property to which the violation relates; or

c. By posting notice on a placard attached to a stake driven into the ground on the property to which the violation relates.

(4) Any notice forwarded to the owner by mail as provided in subsection (2) of this section and returned by the United States Postal Service as "refused" or "unclaimed" shall not affect the validity of the notice, and the notice shall be considered as delivered.

(5) The City, in the notice provided herein, may inform the owner by certified mail, return receipt requested, or regular mail and a posting on the property, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of such notice, the City, without further notice, may correct the violation at the owner's expense and assess the expense against the property. If the violation, covered by a notice under this subsection, occurs within said one (1) year period, and the City has not been informed in writing by the owner of an ownership change, then the City, without notice, may take any action permitted by subsection 17-27(a), and assess its expenses as provided by subsection 17-27(b).

(c) Contents of notice. The notice shall contain:

(1) The name and address of the record owner;

(2) An identification, which is not required to be a legal description, of the property upon which the violation is located;

(3) A statement in conformance with Section 54.005 of the Texas Local Government Code affording a former property owner the opportunity, by sworn affidavit, to disavow current ownership and responsibility for the property;

(4) A statement describing the violation and the work necessary to correct the violation;

(5) A statement advising the owner that if the work is not completed within seven (7) days, the City will perform the work and assess the cost of the work to the owner, including as a minimum the City's administrative fee as provided in section 17-27(b) of this article;

(6) A statement that, if the City performs the work and the owner fails to pay the cost, a priority lien may be placed on the property;

(7) A statement that the owner may, within five (5) days of the date of the notice of a violation, submit a written request to the appropriate person named in the notice for an informal hearing before the City Manager or his designee to contest whether the violation exists; and

(8) A statement that the City may, at any time, file a criminal misdemeanor complaint in municipal court with a maximum fine of two thousand dollars ($2,000.00) for each day the violation exists, in addition to or in lieu of any other remedy provided by law.

(9) A statement that, if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of notice, the City, without further notice, may correct the violation at the owner's expense and assess the expense against the property.

(d) Informal hearing. If a written request is received according to subsection (c)(7) of this section, an informal hearing shall be held before the City Manager or his designee. Unless the owner requests and is granted an immediate hearing and waives the right to notice, notice of the time and place of the hearing shall be sent to the owner by certified mail. At the hearing, the City Manager or his designee may consider all facts relating to the existence of a violation. After the hearing, the City Manager or his designee may determine that a violation requiring abatement does or does not exist.

(Ord. No. 2000-020, § 3, 4-10-00; Ord. No. 2005-022, § 2, 5-23-05)