|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the authority of certain municipalities to file a lien |
|
for the costs of abatement of a floodplain ordinance violation; |
|
providing a civil penalty. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 54.012, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 54.012. CIVIL ACTION. (a) A municipality may bring a |
|
civil action for the enforcement of an ordinance: |
|
(1) for the preservation of public safety, relating to |
|
the materials or methods used to construct a building or other |
|
structure or improvement, including the foundation, structural |
|
elements, electrical wiring or apparatus, plumbing and fixtures, |
|
entrances, or exits; |
|
(2) relating to the preservation of public health or |
|
to the fire safety of a building or other structure or improvement, |
|
including provisions relating to materials, types of construction |
|
or design, interior configuration, illumination, warning devices, |
|
sprinklers or other fire suppression devices, availability of water |
|
supply for extinguishing fires, or location, design, or width of |
|
entrances or exits; |
|
(3) for zoning that provides for the use of land or |
|
classifies a parcel of land according to the municipality's |
|
district classification scheme; |
|
(4) establishing criteria for land subdivision or |
|
construction of buildings, including provisions relating to street |
|
width and design, lot size, building width or elevation, setback |
|
requirements, or utility service specifications or requirements; |
|
(5) implementing civil penalties under this |
|
subchapter for conduct classified by statute as a Class C |
|
misdemeanor; |
|
(6) relating to dangerously damaged or deteriorated |
|
structures or improvements; |
|
(7) relating to conditions caused by accumulations of |
|
refuse, vegetation, or other matter that creates breeding and |
|
living places for insects and rodents; |
|
(8) relating to the interior configuration, design, |
|
illumination, or visibility of business premises exhibiting for |
|
viewing by customers while on the premises live or mechanically or |
|
electronically displayed entertainment intended to provide sexual |
|
stimulation or sexual gratification; or |
|
(9) relating to point source effluent limitations or |
|
the discharge of a pollutant, other than from a non-point source, |
|
into a sewer system, including a sanitary or storm water sewer |
|
system, owned or controlled by the municipality. |
|
(b) A municipality that contains more than 75 percent of the |
|
population of a county with a population of 1.5 million or more may |
|
bring a civil action for the enforcement of an ordinance relating to |
|
floodplain control and administration, including an ordinance |
|
regulating the placement of a structure, fill, or other materials |
|
in a designated floodplain. |
|
SECTION 2. 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 IN CERTAIN |
|
MUNICIPALITIES; LIEN. (a) This section applies only to a |
|
municipality that contains more than 75 percent of the population |
|
of a county with a population of 1.5 million or more. |
|
(b) 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, including |
|
the repair, removal, or demolition of a structure, fill, or other |
|
material illegally placed in the area designated as a floodplain, |
|
if: |
|
(1) the municipality gives the owner reasonable notice |
|
and opportunity to comply with the ordinance; and |
|
(2) the owner of the property fails to comply with the |
|
ordinance. |
|
(c) The municipality may assess the costs incurred by the |
|
municipality under Subsection (b) 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. |
|
(d) 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. |
|
(e) The municipality's lien is inferior to any previously |
|
recorded bona fide mortgage lien attached to the real property to |
|
which the municipality's lien attaches, if the mortgage lien was |
|
filed for record before the date the municipality files the notice |
|
of lien with the county clerk. The municipality's lien is superior |
|
to all other previously recorded judgment liens. |
|
SECTION 3. This Act takes effect September 1, 2013. |
|
|
|
* * * * * |