Property Liens

The purpose of a municipal lien on real property is for the city to recoup unpaid assessments, bills, and fines. For information specific to a parcel within the city limits of Terrell such as records and calculations, please contact the Municipal Development Department at 972-551-6606 for details.

TYPES OF LIENS:

CODE ENFORCEMENT / PUBLIC NUISANCE

As authorized by the Texas Health and Safety Code Section 342.004, by Ordinance, the City of Terrell may require an owner of real property within the city limits to keep the property free from weeds, brush, and condition constituting a public nuisance. If, after being notified of a violation, the owner does not comply with the ordinance, the City may perform the work, pay for the work, and charge the expenses to the owner. The lien attaches to the property upon filing the lien statement as security for the expenditures made by the City and runs from the date the city paid to remove the public nuisance.

SUBSTANDARD BUILDING

Substandard building liens are authorized by Local Government Code Chapter 214, Subchapter A entitled Dangerous Structures. By ordinance, the City Council may require occupants to leave a building that is dilapidated, substandard, or unfit for human habitation, such that the building is a hazard to public health, safety and welfare. Council may also require the building to be secured, repaired, removed, or demolished. City ordinances establish minimum standards for continued use and occupancy of all buildings, provide for proper notice to the owner of the building and provide for a public hearing. If the building is not vacated, secured, repaired, removed or demolished, or its occupants are not relocated after the City follows the proper procedures and issues an order for action, the City may do the work at its own expense. Such expenses may be assessed against the property by recording the notice of lien with the county clerk’s office.

STREET IMPROVEMENTS

Street improvement liens are authorized by the Transportation Code Chapter 313 entitled “Street Improvements and Assessments in Certain Municipalities”. By ordinance, after a city orders the improvement of a city street, the City Council may assess the costs of such improvements against the property that abuts the street, and the owner of the property. the assessment creates a lien on the property and a personal liability against the property owner.