Texas Health and Safety Code 343.023 – Assessment of Costs; Lien
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(a) A county may:
(1) assess:
(A) the cost of abating the nuisance, including management, remediation, storage, transportation, and disposal costs, and damages and other expenses incurred by the county;
(B) the cost of legal notification by publication; and
(C) an administrative fee of not more than $100 on the person receiving notice under § 343.022; or
(2) by resolution or order, assess:
(A) the cost of abating the nuisance;
(B) the cost of legal notification by publication; and
(C) an administrative fee of not more than $100 against the property on which the nuisance exists.
(b) The county may not make an assessment against property unless the owner or owner’s agent receives notice of the nuisance in accordance with § 343.022.
Terms Used In Texas Health and Safety Code 343.023
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) To obtain a lien against the property to secure an assessment, the commissioners court of the county must file a notice that contains a statement of costs, a legal description of the property sufficient to identify the property, and the name of the property owner, if known, with the county clerk of the county in which the property is located.
(d) The county’s lien to secure an assessment attaches when the notice of lien is filed and is inferior to a previously recorded bona fide mortgage lien attached to the real property to which the county’s lien attaches, if the mortgage was filed for record in the office of the county clerk of the county in which the real property is located before the date on which the county files the notice of lien with the county clerk.
(e) The county is entitled to accrued interest beginning on the 31st day after the date of the assessment against the property at the rate of 10 percent a year.
(f) The statement of costs or a certified copy of the statement of costs is prima facie proof of the costs incurred to abate the nuisance.