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