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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of municipalities to file a lien for the |
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costs of abatement of a floodplain ordinance violation; providing a |
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civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.012, Local Government Code, is |
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amended to read as follows: |
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Sec. 54.012. CIVIL ACTION. A municipality may bring a civil |
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action for the enforcement of an ordinance: |
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(1) for the preservation of public safety, relating to |
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the materials or methods used to construct a building or other |
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structure or improvement, including the foundation, structural |
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elements, electrical wiring or apparatus, plumbing and fixtures, |
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entrances, or exits; |
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(2) relating to the preservation of public health or |
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to the fire safety of a building or other structure or improvement, |
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including provisions relating to materials, types of construction |
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or design, interior configuration, illumination, warning devices, |
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sprinklers or other fire suppression devices, availability of water |
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supply for extinguishing fires, or location, design, or width of |
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entrances or exits; |
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(3) for zoning that provides for the use of land or |
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classifies a parcel of land according to the municipality's |
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district classification scheme; |
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(4) establishing criteria for land subdivision or |
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construction of buildings, including provisions relating to street |
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width and design, lot size, building width or elevation, setback |
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requirements, or utility service specifications or requirements; |
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(5) implementing civil penalties under this |
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subchapter for conduct classified by statute as a Class C |
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misdemeanor; |
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(6) relating to dangerously damaged or deteriorated |
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structures or improvements; |
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(7) relating to conditions caused by accumulations of |
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refuse, vegetation, or other matter that creates breeding and |
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living places for insects and rodents; |
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(8) relating to the interior configuration, design, |
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illumination, or visibility of business premises exhibiting for |
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viewing by customers while on the premises live or mechanically or |
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electronically displayed entertainment intended to provide sexual |
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stimulation or sexual gratification; [or] |
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(9) relating to point source effluent limitations or |
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the discharge of a pollutant, other than from a non-point source, |
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into a sewer system, including a sanitary or storm water sewer |
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system, owned or controlled by the municipality; or |
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(10) relating to floodplain control and |
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administration, including an ordinance regulating the placement of |
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a structure, fill, or other materials in a designated floodplain. |
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SECTION 2. 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 IN |
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MUNICIPALITIES; LIEN. (a) In addition to any necessary and |
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reasonable actions authorized by law, a municipality may abate a |
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violation of a floodplain management ordinance by causing the work |
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necessary to bring real property into compliance with the |
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ordinance, including the repair, removal, or demolition of a |
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structure, fill, or other material illegally placed in the area |
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designated as a floodplain, if: |
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(1) the municipality gives the owner reasonable notice |
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and opportunity to comply with the ordinance; and |
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(2) the owner of the property fails to comply with the |
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ordinance. |
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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. |
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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's lien is inferior to any previously |
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recorded bona fide mortgage lien attached to the real property to |
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which the municipality's lien attaches, if the mortgage lien was |
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filed for record before the date the municipality files the notice |
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of lien with the county clerk. The municipality's lien is superior |
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to all other previously recorded judgment liens. |
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SECTION 3. This Act takes effect September 1, 2013. |
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