§ 8-9. Assessment of expenses; lien.  


Latest version.
  • (a)

    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 article, shall be a charge to and personal liability of such person.

    (b)

    Lien . If a notice of violation of this article is given to the owner of such real property and the owner fails or refuses to timely correct the violation such that the city has to do the work or cause such work to be done to bring the real property in compliance with this article, 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 code enforcement director 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 in section 8-7. If the owner fails or refuses to make complete payment of the charges within twenty (20) days of such notice, the code enforcement director shall file a written statement of such charges with the Dallas County Clerk for filing in the county land records. The statement shall contain 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 code enforcement director under oath, that the statements made therein are true and correct.

    The statement may also contain such other information deemed appropriate by the code enforcement director.

    (c)

    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 and interest due, institute foreclosure proceedings, or both as provided by state law. 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. 2018-10114, § 4, 9-20-18 )