§ 93.06. Notice of violation and to abate; failure to comply; correction by city

(A) If a person violating the terms of this subchapter fails or refuses to comply with the demand for compliance contained in the aforementioned notice within seven days after the date of notification as provided herein, the city shall have the authority as provided by law to enter upon such property and do or cause to be done the work necessary to obtain compliance with this subchapter. All reasonable costs, charges and expenses (hereinafter "charges") incurred in doing or in having such work done shall be a charge to, and be a personal liability of, such person.

(B) It shall be the duty of the Chief of Police or Code Enforcement Officer, or his or her designee, to give a maximum of seven days official notice, in writing, to such person violating the terms of this subchapter, subject to the provisions herein stated. The notice shall be in writing and may be served on such person violating the terms of this subchapter:

(1) By delivering it to him or her in person;

(2) By forwarding or sending a letter or written notice addressed to such person at the person's address as recorded in the appraisal district in which the property is located and delivered by United States Certified Mail, return receipt requested, with a second optional copy by United States Regular Mail; or

(3) If personal service cannot be obtained,

(a) By publication at least once within seven consecutive days in the city's official newspaper;

(b) 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, if the property contains no buildings.

(C) If the city mails a notice to the property owner in accordance with division (B) and the United States Postal Service returns the notice as "refused" or "unclaimed", the validity of the notice is not affected, and the notice shall be considered as delivered.

(D) 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, or by personally delivering the notice, 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 division occurs within said one-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 division (A) herein, and assess its reasonable expenses incurred as provided by § 93.08, below.

(Ord. 0-13-02, passed 12-10-02)

refstatelaw

Notice requirements, Tex. Health and Safety Code § 342.007.