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.
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"(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.
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"(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.
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"(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.
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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