§ 34.079. Notice to correct prohibited conditions.

(a)

Except as provided in subsection (d), the director will provide notice to owners of lots found in violation of section 34.078 that they must correct the prohibited conditions within ten days of the notice.

(b)

The director will give the notice:

(1)

Personally to the owner in writing;

(2)

By certified mail letter addressed to the owner at the owner's post office address; or

(3)

If personal service cannot be obtained and the owner's post office address is unknown, by:

a.

Publication at least twice within ten consecutive days in a newspaper of general circulation in the city;

b.

Posting the notice on or near the front door of each building on the lot to which the violation relates; or

c.

Posting the notice on a placard attached to a stake driven into the ground on the lot to which the violation relates, if the lot contains no buildings.

(c)

A notice sent to an owner under subsection (b)(2) of this section may contain a statement that if the owner commits another violation of section 34.078 that poses a danger to the public health or safety on or before the first anniversary date of the notice, the city may correct the violation and assess the expenses against the lot without further notice to the owner.

(d)

If weeds on a lot have grown higher than 48 inches and are an immediate threat to the health, life or safety of any person, the city may correct the condition of the lot under section 34.080 without advance notice to the owner. The director will give the owner notice of the correction within ten days, together with notice of the owner's right to an administrative hearing under section 34.081 if requested in writing within 30 days of the correction.

(Code 1970, §§ 13-19, 13-20; Ord. No. 1995-11, § 1 (13-17), 2-13-95)

State law reference

Notice to remove insanitary, unsightly, etc., conditions, V.T.C.A., Health and Safety Code, § 342.006.