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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a municipality to file a lien for the |
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costs of abatement of a floodplain ordinance violation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 54, Local Government Code, |
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is amended by adding Section 54.020 to read as follows: |
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Sec. 54.020. ABATEMENT OF FLOODPLAIN VIOLATION; LIEN. (a) |
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In addition to any necessary and reasonable actions authorized by |
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law, a municipality may abate a violation of a floodplain |
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management ordinance by causing the work necessary to bring real |
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property into compliance with the ordinance if the owner of the |
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property fails to comply with the ordinance after the municipality |
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gives the owner reasonable notice and opportunity to comply. |
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(b) The municipality may assess the costs incurred by the |
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municipality under Subsection (a) against the property. The |
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municipality has a lien on the property for the costs incurred and |
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for interest accruing at the annual rate of 10 percent on the amount |
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due until the municipality is paid. The lien is a privileged lien |
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subordinate only to tax liens and liens for street improvements. |
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(c) The municipality may perfect the lien by filing written |
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notice of the lien with the county clerk of the county in which the |
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property is located. The notice of lien must be in recordable form |
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and must state the name of each property owner, if known, the legal |
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description of the property, and the amount due. |
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(d) The municipality may file suit to foreclose the lien and |
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may recover the unpaid costs and interest. |
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SECTION 2. This Act takes effect September 1, 2013. |