§ 30-2. Collection of nuisance abatement expenses.

(a)

As provided in V.T.C.A., Health and Safety Code § 342.001 et seq., the expenses incurred in abating any nuisance shall be charged against the property and shall be a lien for the amount of such charges, including salary and wages of all employees and reasonable charges for machinery, tools and vehicles used in abating the nuisance.

(b)

Such lien shall be set forth in a statement of the expenses incurred, signed by the appropriate official or officer of the city, and filed in the deed records of the county in accordance with V.T.C.A., Health and Safety Code § 342.001 et seq. Interest shall accrue on the lien at the rate of ten percent per annum beginning on the date that work by the city is completed.

(c)

Payment of all liens created in accordance with this section shall be made to the city director of finance. For payments made subsequent to the filing of a lien with the county clerk, an appropriate release will be prepared and the appropriate official or officer of the city is authorized to sign all such releases for the city.

(d)

Suit may be filed by the city for the collection of any lien so created and foreclosure had in the name of the city. The statement of the official or officer shall be prima facie proof of the amount of money expended to abate any condition that constitutes a public nuisance.

(e)

This section shall not apply to tracts of land of more than five acres and where such tract is devoted entirely to agricultural usage. The term "agricultural usage" means the growing of crops or the raising of livestock.

(Code 1984, § 6-23)

State law reference

Abatement of nuisances, procedure, V.T.C.A., Health and Safety Code § 342.001 et seq.