§ 42-64. Notice.

(a)

Whenever conditions described in this division are found to exist, any person authorized to enforce this article pursuant to section 42-27 shall give actual notice to the owner, occupant or person in charge of the offending premises, shall send notice by first class mail to the last known address of the owner, occupant or person in charge of the offending premises as recorded in the appraisal district records of the appraisal district in which the property is located; or shall give notice if personal service cannot be obtained:

(1)

By publication at least once;

(2)

By posting the notice on or near the front door of each building on the property to which the violation relates; or

(3)

By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates if the property contains no buildings.

A notice which the United States Postal Service returns as "refused" or "unclaimed" shall not affect the validity of the notice and the notice shall be considered delivered. Such notice shall be sufficient if it generally describes the offending premises, gives notice of the objectionable conditions and advises of the time allowed to cure the conditions and the consequences of failure to cure.

(b)

The city in the notice of a violation may inform the owner by regular mail and a posting on the property, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city without further notice may correct the violation at the owner's expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period and the city has not been informed in writing by the owner of an ownership change, the city without notice may take any action permitted by section 42-65 and assess its expenses as provided by section 42-66.

(Code 1967, § 15-22(a); Ord. No. 4378, § 1, 2-13-86; Ord. No. 6861, § 2, 11-16-93; Ord. No. 7717, § 4, 6-13-96; Ord. No. 8738, § 2, 10-28-99)

State law reference

Notice and abatement of nuisance, V.T.C.A., Health and Safety Code § 342.006.