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HomeMy WebLinkAbout025321 ORD - 05/27/2003AN ORDINANCE AMENDING SECTIONS 23-70 AND 23-71 OF THE CODE OF ORDI- NANCES RELATING TO NOTICE AND OBTAINING LIENS FOR CITY EXPENSES TO REMEDY VIOLATIONS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 23-70 of the City Code of Ordinances is revised to read as follows: "Sec. 23-70. P,,,,.=d,~, = oo t,, ,=,,,,,.o, ,,; ,.o,, ,,,,, ,~t~,, =t,. Work or Improvements by Municipality. "(a) If the owner of property in the municipality does not comply with a municipal ordinance or requirement relating to stagnant water, filth, carrion, weeds, rubbish, brush, and other objectionable, unsightly, unwholesome, or unsanitary matter, or conditions under this chapter within seven (7) days of notice of a violation, the Director of Public, Health, the Director of Housinq and Community Development, or the Director of Solid Waste Services, or their designees, may: "(1) Do the work or make the improvements required; and "(2) Pay for the work done or improvements made and charge the expenses tn the owner of the property. H \LEG-OlRlelizabethlDept Fi[es\EH Ordinances\EHord 139 wpd "(bi The notice must be given: "(1) Personally to the owner in writing; "(2) By letter addressed to the owner at the owner's address as recorded in the records of the appraisal district in which the property is located; or "(3) If personal service cannot be obtained, notice to the property owner must be: "(A) By publication at least once; "(BI By posting the notice on or near the front door of each building on the property to which the violation relates; or "(C) By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. "(c) If the Director of Public Health, the Director of Housinq and Community Development, or the Director of Solid Waste Services, or their designees, mails a notice to a property owner in accordance with subsection (b)(2) of this section and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected and the notice is considered delivered. "(d) In a notice provided under this section, the Director of Public Health, the Director of Housing and Community Development, or the Director of Solid Waste Services, or their desiqnees, may inform the owner by regular mail and a postinq on the property, or by personally delivering the notice, that if the owner commits another violation of the same kind or nature that poses a danqer to the public health and safety on or before the first anniversary of the date of the notice, the Director of Public Health, the Director of Housing and Community Development, or the Director of Solid Waste Services, or their designees, may correct the violation, without further notice, at the owner's expense and assess the expense aqainst the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the Director of Public Health, theDirec- tor of Housinq and Community Development, or the Director of Solid Waste Services, or their designees, has not been informed in writing by the owner of an ownership chanqe, then the municipality without notice may take any action permitted by Subsections (a)(1) and (2~ and assess its expenses as provided by Section 23-71." SECTION 2. Section 23-71 of the Code of Ordinances is revised to read as follows: Assessment of Expenses; Lien. H \LEG-DIR~elizabeth\Depl Files\EH Ordinances\EHord 139wpd d ~,,,,~, ~, ~,, ,~, ar ,~, ;mpravements made -' th "(a) The City may assess expenses incurred under Section 23-70 aqainst the real estate on which the work is done or improvements made. "(b) To obtain a lien against the property, the Director of Public Health1 the Director of Housing and Community Development, or the Director of Solid Waste Services, or their desiqnees, must file a statement of expenses incurred by the City with the County Clerk of Nueces County. The lien statement must state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the County Clerk. "(c) The lien obtained by the City is security for the expenditures made and interest accruing at the rate of 10 percent on the amount due from the date of payment by the City. "(d) The lien is inferior only to: "(1) Tax liens; and "(2) Liens for street improvements. "(e) The City Attorney may brinq a suit for foreclosure in the name of the City to recover the expenditures and interest due. "(f) The City Attorney may foreclose a lien on property under this section in a proceeding relatinR to the property brought under Subchapter E, Chapter 33, of the Tax Code, as it may be amended. "(,q) The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the City in doinq the work or makinq the improvements. HILEG-DlR\elizabeth~Dept FileslEH OrdinanceslE Hord 139 wpd "(h) The remedy provided by this section is in addition to any fines or civil penalties that may be assessed." SECTION 3. The provisions of this ordinance take effect on August 1,2003. SECTION 4. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judg- ment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provi- sion hereof shall be given full force and effect for its purpose. SECTION 5. Publication of this ordinance shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. Corpus Christi, Texas The forego~ng~ordinance was read for the first time and passed to its second reading on this the ~/?' ~'day of ~ ,~^ _ ,2003, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Rex A. Kinnison Jesse Noyola Mark Scott The fo.[eg,oj~..g ordinan.c~l.was read for the second time and passed finally on this the ~l~V~ay of -~'[~ 2003 bythe following vote: Samuel L. Nea., Jr. ' ~:i.,~. ~-C~.~ Bill Kelly Brent Chesney v v.~._., Rex A. Kinnison Javier D. Colmenero ,~'~0/~.~.,~_~, Jesse Noyola Melody Cooper ~ {J~.M Mark Scott Henry Garrett PASSED AND APPROVED on the ~ day of ' ' ,~'~ ,2003. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa I, Jr. City Secretary Mayor , Assistant City Attorney for the City Attorney 2003. H ILEG-DIRlelizabe[h\Dept FileslEH Ordinances\EHord 139 wpd 025321 Amending Sections 23-70 and 23- 71 of the Code of'~ Ordinances relating to' notice and obtaining liens for City expenses to remedy violations; providing for an effective date. This and approved by the Ck, y Ceuw~ of O~e C, ity of Cmpus Chrlati on