§ 7.704. Notice; Abatement by City.

(a)

In the event that any person owning any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the city fails or refuses to comply with the provisions of this article, it shall be the duty of the city to give ten days notice of the violation to the owner prior to abating the violation. The notice shall be given:

(1)

Personally to the owner in writing;

(2)

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

(3)

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

a.

By publication at least twice within ten consecutive days in the newspaper of general circulation in Bowie, Montague County, Texas, if there is a newspaper published in the city of Bowie. If not, then publication shall be in a newspaper of general circulation in Montague County, Texas, if there is a newspaper published in the county. If not, then publication shall be had in a newspaper of general circulation in an adjoining county to Montague County, Texas.

b.

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

c.

By posting 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.

(b)

If such person fails or refuses to comply with the provisions of this article within ten days after the date of notification as provided above, the city may go upon such property, or authorize another to go upon such property, and do or cause to be done the work necessary to obtain compliance with this article, and may charge the expenses incurred in having same done to the owner of such property as provided hereinafter. The remedy provided in this section is in addition to the remedies provided for in sections 7.706 and 7.708.

(c)

In the notice of a violation the city may inform the owner that:

(1)

If the owner commits or allows another violation of the same kind or nature that constitutes a public nuisance on or before the first anniversary date of the notice, the city may, without further notice, abate the violation at the owner's expense and assess the expenses against the property; and

(2)

If a violation covered by a notice under this section occurs within the one-year period and the city has not been informed in writing by the owner of an ownership change, then the city may, without notice, take any action permitted by this section and assess the expenses as provided in section 7.705.

(Ord. No. 2008-14, Sec. 1, 10-7-08)