§ 8-161. Notices to property owners.

(a)

When the city is required by this article to send a notice to an owner of real property for the purpose of enforcing this article, such notice shall state: "According to the Real Property Records of Maverick County, you own or have an interest in the real property described in this notice. If you no longer own or have an interest in the property you must execute an affidavit stating that you no longer own or have an interest in the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to the Eagle Pass City Hall no later than the 20th day after the date you receive this notice. If a newspaper notice is involved, the twenty (20) day period begins on the date the notice is published; if notice is filed in the public records, the twenty (20) day period begins on the date the notice is recorded. If you do not send the affidavit, it will be presumed that you own or have an interest in the property described in this notice, even if you do not." The notice must be delivered in person or sent by certified mail, return receipt requested.

(b)

If the city sends a notice to the owner, lien holder or mortgagee of the property to which the notice relates, as shown on or after the 10th day before the date notice is sent by the Real Property Records of Maverick County, and the record owner no longer own the property, or the lien holder or mortgagee no longer have an interest in the property, the record owner, lien holder or mortgagee shall execute an affidavit provided with the notice by the city stating:

(1)

That the record owner no longer owns the property, or the lien holder or mortgagee no longer have an interest in the property; and

(2)

The name and last known address of the person who acquired the property from the record owner, or acquired the interest of the lien holder or mortgagee.

(c)

The record owner, lien holder or mortgagee shall deliver the affidavit in person or by certified mail, return receipt requested, to the city not later than the 20th day after the date the record owner, lien holder or mortgagee receive the notice. If a newspaper notice is involved, the twenty (20) day period begins on the date the notice is published, if notice is filed in the public records, the twenty (20) day period begins on date the notice is recorded.

(d)

If the city receives an affidavit under subsection (c) above, the city shall send the appropriate notice to the person named in the affidavit as having acquired the property. A notice sent under this section must include the statement authorized by subsection (a) above.

(e)

If the city receives an affidavit under subsection (c) above, the city shall:

(1)

Maintain the affidavit on file for at least two (2) years after the date the city receives the affidavit; and

(2)

Deliver a copy of the affidavit to the chief appraiser of the Maverick County Appraisal District.

(f)

The city is considered to have provided notice to a property owner, lien holder or mortgagee if the city complies with the notice requirements of this article and if it:

(1)

Complies with subsection (a) and does not receive an affidavit from the record owner, lien holder or mortgagee; or

(2)

Complies with subsection (d) and does not receive an affidavit from the person to whom the notice was sent under subsection (d).

(g)

If the city complies with this section and does not receive an affidavit under subsection (c), the record owner is presumed to be the owner of the property and the lien holder or mortgagee are presumed to have an interest in the property for all purposes to which the notice relates.

(h)

For purposes of this section, real property does not include a mineral interest or royalty interest.

(Ord. No. 04-23, § 1, 7-21-2004)