(a) If a building or structure is not vacated, secured, repaired, removed, or demolished,
in accordance with an order of the building and standards commission, the City may
vacate, secure, remove, or demolish the building on its own initiative. This provision
shall not be interpreted to limit the ability of the City to collect on a bond or
other financial guaranty required under section 7-49(d)(9).
(b) If the City incurs expenses under this section, the City may assess the expenses on,
and the City has a lien against (unless it is a homestead as protected by the Texas
Constitution), the property on which the building or structure was or is located.
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. The lien
arises and attaches to the property at the time the notice of the lien is recorded
and indexed in the office of the Lamar County Clerk. The notice must contain the name
and address of the owner if that information can be determined with a reasonable effort,
a legal description of the real property on which the building was located, the amount
of expenses incurred by the City, and the balance due.
(c) If the notice is given and the opportunity to repair, remove, or demolish the building
is afforded to each mortgagee and lienholder as authorized herein, the lien is a privileged
lien subordinate only to tax liens.
(Ord. No. 2002-032, §§ 2, 3, 6-10-02)
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