§ 16-34. Abatement by city; payment of costs by owner; imposition of lien for nonpayment; removal of trees for access; alleyway clearance. Junked cars are addressed by [section] 16-31.

(a)

If the owner fails to comply with the terms of this article within seven (7) days of notice of a violation, the city may cause the work necessary to abate the violation to be done at the owner's expense.

(b)

Whenever the city shall abate a violation as provided by this article, the director may select a private contractor to cut the vegetation, clean the land, remove accumulated stagnant water, remove carrion/filth, fumigate or any other necessary action to bring the lot or parcel into compliance.

(c)

Unless otherwise provided for in this article, administrative staff may conduct a review of the abatement procedures to ensure compliance with this article.

(d)

The city shall assess a fee to the owner for all work done or improvements made as is needed to bring any lot or parcel into compliance with this article and any applicable legal fees incurred by the city. The fee shall be calculated based on the entire square footage of the property as designated by the Maverick County Appraisal District based on the following progressive fee schedule:

0-7,500 square feet ..... $0.10 per square foot

7,500-43,560 square feet ..... 0.03 per square foot

43,560 square feet or greater ..... 0.01 per square foot

An additional fifty dollar ($50.00) fee for tree trimming or removal shall also be assessed for each tree. The city shall cause the expense hereof to be assessed on the real estate, lot or lots upon which such expense is incurred.

(e)

A statement of the costs incurred by the city shall be mailed to the owner in a manner provided for in this article. The statement shall demand payment within thirty (30) days from the date of mailing. Said statement shall serve as notice of completed abatement under this section.

(f)

If such statement has not been paid within such period, the city may file a statement of expenses incurred with the Maverick County Clerk stating the owner's name, if known, and the legal description of the lot or parcel. The statement of expenses or a certified copy of the statement shall be prima facie proof of the expenses incurred. Such statement shall be and the city shall have a privileged lien for expenditures made and interest accruing in the manner provided for in V.T.C.A., Health and Safety Code § 342.007(c). Such liens shall be inferior only to tax liens and liens for street improvements. The city may foreclose such liens in a proceeding brought in accordance with applicable law. The remedy allowed in this subsection shall not be the city's sole remedy.

(g)

It may be necessary at times to remove trees or parts thereof in order for the city to affect entry of mowing or clearing equipment. In such cases, trees or parts thereof may be removed if there is no other reasonable means to affect such entry and shall be limited to the extent necessary to do so. Any tree which is six (6) or more inches in diameter at fifty-four (54) inches above the ground should not be removed without coordination with the city landscape supervisor and/or an arborist. The cost of this work shall be included in the cost charged to the owner.

(h)

It shall be the duty of an owner, tenant or occupant of properties abutting an alleyway to keep the alleyway clear of obstructions caused by intruding and overhanging brush and/or tree limbs. There must be a clearance of at least fourteen (14) feet high by fifteen (15) feet wide for vehicles to enter the alley and the alley bed must be reasonably free of debris and passable to the vehicle.

(Ord. No. 2012-27, § 1, 9-11-2012; Ord. No. 2016-37, § 1, 12-6-2016; Ord. No. 2018-17, § 1, 8-7-2018)