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<br />ORDINANCE NO. 98. L <br /> <br />e <br />OR,IGINAL <br /> <br />PAGE 5 <br /> <br />SECTION 8: PENALTIES - OWNER/OCCUPANT <br /> <br />(1) Per Section 4 of this Ordinance the owner or occupant will be <br />given a maximum of 30 days to abate the said violation. <br /> <br />(2) An owner or occupant found to be in violation of Section 4 shall <br />be fined in any sum not more than $500.00 per day and each <br />day may be deemed a separate offense. <br /> <br />(3) If the City has exercised its right to remove per Section 6 of this <br />Ordinance the City may pursue cost recovery as outlined in <br />Sections 9 & 10. <br /> <br />SECTION 9. FILING OF STATEMENT OF EXPENSES INCURRED. <br /> <br />After compiling the cost of the work and after charging the same against the owner <br />of the premises, the City Manager or his duly designated agents, shall file a lien on <br />the property if the owner of the premises fails to pay the expenses within 15 days of <br />receipt of statement. <br /> <br />To remove a lien from a property the owner must pay the cost of the lien, in addition <br />to, $50.00 per property for administrative costs. <br /> <br />SECTION 10. ABATEMENT AND COST RECOVERY PROCEEDINGS. <br /> <br />Lien. Upon filing the statement of expenses with the County Clerk, the City shall <br />have a privileged lien upon the land described therein and upon which such <br />improvements have been made, in accordance with the provisions of Texas Codes <br />Annotated, Health and Safety Code, Section 342.001, et seq. Such liens shall be <br />second only to tax liens and liens for street improvements to secure the <br />expenditures so made, and shall bear ten per cent (10%) interest on the amount of <br />such expenditures from the date of such payment by the City. For any such <br />expenditures and interest, suit may be instituted by the City Attorney and recovery <br />and foreclosure of the lien may be had in the name of the City, and the statement of <br />expenses made, or a certified copy thereof, shall be prima facie proof of the amount <br />expended in such work or improvements. Upon payment of the full charges <br />assessed against any property, pursuant to the procedure set forth in this section, <br />the City Manager or his duly designated agents shall be authorized to execute, for <br />and in behalf of the City, a written release of the lien heretofore mentioned, such <br />written release to be on a form prepared and approved in each case, by the City <br />Attorney. <br />