1997-10-20 Special Called Regular and Workshop Meeting of City Council

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ORDINANCE NO. 97 - e e PAGE 6 (3) The entire period of community service shall be performed under the supervision approved by the Court. SECTION 9. RIGHT OF THE CITY TO REMOVE. Right of Entry on Private Property. If the City has requested consent to remove or paint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the City and consistent with the terms of this Section, the City shall commence abatement and cost recovery proceedings for the graffiti removal according to the provisions specified below. Correction or removal by City-Generally. In the event of the failure, refusal or neglect of the owner of any premises or property to comply with a notice given him pursuant to this article, it shall be the duty of the City Manager or his duly designated agents to cause the graffiti matter or condition constituting a nuisance to be promptly and summarily abated, in a reasonable and prudent manner, at the expense of the City. The City Manager or his duly designated agents shall carefully determine the cost of such work done and shall charge such cost against the owner of such premises. The City shall have the right to award any quantity of work authorized under this section to a general contractor whose bid shall be accepted by the City Council as the lowest and best secured bid for doing the work mentioned in this section during a stipulated time not to exceed one (1) year. SECTION 10. FILING OF STATEMENT OF EXPENSES INCURRED. After compiling the cost of the work and after charging the same against the owner of the premises, the City Manager or his duly designated agents, shall file a lien on the property if the owner of the premises fails to pay the expenses. To remove a lien from a property the owner must pay the cost of the lien, in addition to, $50,00 per property for administrative costs. SECTION 11. ABATEMENT AND COST RECOVERY PROCEEDINGS. Lien. Upon filing the statement of expenses with the County Clerk, the City shall have a privileged lien upon the land described therein and upon which such improvements have been made, in accordance with the provisions of Texas Codes Annotated, Health and Safety Code, Section 342.001, et seq, Such liens shall be second only to tax liens and liens for street improvements to secure the expenditures so made, and shall bear ten per cent (10%) interest on the amount of