§ 23-2. Notice to abate; abatement by city; assessment of charges; lien.

(a)

Notice. In the event that any person violates the provisions of this chapter, the director of inspections, hereafter "director," or his designee, shall give notice to such person setting forth the noncompliance with this chapter, as provided in section 33-24 of this Code.

(b)

Abatement by city. If such person fails or refuses to comply with the demand for compliance in the notice within seven (7) days of such notice or publication, the city may do such work or cause such work to be done to bring the real property into compliance with this section.

(c)

Assessment of expenses. The costs, charges, and expenses incurred in doing or having such work done or improvements made to the real property, including the sum two hundred and fifty dollars ($250.00) per lot or tract of land, which sum is hereby found to be the cost to the city of administering the terms of this section, shall be a charge to and personal liability of such person (called "charges").

(d)

Lien. If a notice as provided herein is delivered to the owner of such real property, and he fails or refuses to comply with the demand for compliance within the applicable time period as herein provided, the aforementioned costs, charges, and expenses shall be, in addition to a charge to and personal liability of the owner, a privileged lien upon and against such real property, including all fixtures and improvements thereon. In order to perfect such lien, the director, or his designee, shall first give such owner written notice of demand for payment of such charges. Such written notice may be given by any one (1) of the methods provided for the initial notice requiring compliance. If the owner fails or refuses to make complete payment of the charges within twenty (20) days of such notice, the director, or his designee, shall file a written statement of such charges with the Dallas County Clerk, for filing in the county land records. The statement shall be sufficient if it contains the following:

(1)

The name of the owner;

(2)

A description of the real property;

(3)

The amount of the charges, including interest thereon;

(4)

A statement that all prerequisites required by this section for the imposition of the charges and the affixing of the lien have been met; and

(5)

A statement signed by the director, or his designee, under oath, that the statements made therein are true and correct.

The statement may also contain such other information deemed appropriate by the director, or his designee.

(e)

Interest. All charges shall bear interest at the rate of ten (10) percent per annum from the date the city incurs the expense. The city may bring suit to collect the charges, institute foreclosure proceedings, or both. The statement, as provided herein, or certified copy thereof, shall be prima facie evidence of the city's claim for charges or right to foreclose the lien. The owner or any other person responsible as provided herein shall be jointly and severally liable for the charges.

(Ord. No. 537, § 2; Ord. No. 8067, § 2, 10-10-02)