It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent, occupant or anyone having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the town to suffer or permit grass, weeds, or any plant that is not cultivated to grow to a greater height than twelve (12) inches on an average or to grow in rank profusion upon said premises. With respect to lots, tracts, or parcels of land of two (2) or more acres under single ownership, the provisions of this section shall not be applicable to the area in excess of one hundred (100) feet from any adjacent property under different ownership on which habitable dwellings are located.
(1999 Code, sec. 6.101)
It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent, occupant or anyone having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the town to suffer or permit grass, weeds, or any plant that is not cultivated to grow in rank profusion or otherwise in, along, upon or across the sidewalk or street adjacent to same in the area between the property line and the curb line or within ten (10) feet beyond the property line, to a height greater than twelve inches (12") on the average.
(1999 Code, sec. 6.102)
It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent, occupant, or anyone having supervision or control of any lot, tracts, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the town, to suffer or permit any rubbish, brush, or any and all other objectionable, unsightly or unsanitary matter of whatever nature to accumulate or be present upon any such lot, tract or parcel of land.
(1999 Code, sec. 6.103)
It shall be the duty of any person, firm, corporation, partnership, association of persons, owner, agent, occupant or anyone having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the town, to cut or cause to be cut, and remove or caused to be removed, if necessary, to comply with sections 7.02.001, 7.02.002, and 7.02.003 of this article, all such grass, weeds, plants, rubbish, brush, and any and all other objectionable, unsightly or unsanitary matter of whatever nature as often as may be necessary to comply with the provisions of sections 7.02.001, 7.02.002, and 7.02.003 of this article.
(1999 Code, sec. 6.104)
(a) 
In addition to the punishment for violation of this article, an owner may be notified of the violation of this article, and if within seven (7) days after notice the violation has not been corrected and the owner of the property has not complied with this article the town may:
(1) 
Do the work or make the improvements required; and
(2) 
Pay for the work done or improvements made and charge the expenses to the owner of the property.
(b) 
The notice described in subsection (a) must 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 (10) consecutive days;
(B) 
By posting the notice on or near the front door of each building on the property to which the violation relates; or
(C) 
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.
(c) 
Such notices and posting as may be required herein shall be done by the public works director.
(d) 
In the notice of a violation, the town may inform the owner by certified mail, return receipt requested, 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 town 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 section occurs within the one-year period, and the town has not been informed in writing by the owner of an ownership change, then the town without notice may take any action permitted by this section and section 7.02.007 and assess its expenses as provided by section 7.02.006.
(1999 Code, sec. 6.105; Ordinance adopting Code)
(a) 
The town shall have a lien against the lot or parcel to which the violation relates for any expenses incurred in doing any work or improvement to bring the lot or parcel to which the violation relates into compliance with this article.
(b) 
To obtain a lien against the property, the mayor, municipal health authority, or municipal official designated by the mayor must file a statement of expenses with the county clerk of the county in which the property is located. The lien statement must state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the county clerk.
(c) 
The lien obtained by the town is security for the expenditures made and interest accruing at the rate of ten percent (10%) per annum on the amount due from the date of payment by the town.
(d) 
The lien created hereby is inferior only to:
(1) 
Tax liens; and
(2) 
Liens for street improvements.
(e) 
After the filing of the statement of expense, the town council may authorize the town attorney to bring suit for foreclosure in the name of the town to recover the expenditures and interest due.
(f) 
The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the town in doing the work or making the improvements.
(g) 
The remedy provided by this section shall be in addition to the punishment provided in section 7.02.005.
(h) 
The town may foreclose a lien on property under this article in a proceeding relating to the property brought under subchapter E, chapter 33, Tax Code.
(1999 Code, sec. 6.106)
(a) 
The town may abate, without notice, weeds that:
(1) 
Have grown higher than 48 inches; and
(2) 
Are an immediate danger to the health, life, or safety of any person.
(b) 
Not later than the 10th day after the date the town abates the weeds under this article, the town shall give notice to the property owner in the manner required by section 7.02.005(b).
(c) 
The notice shall contain:
(1) 
An identification, which is not required to be a legal description, of the property;
(2) 
A description of the violations of this article that occurred on the property;
(3) 
A statement that the municipality abated the weeds; and
(4) 
An explanation of the property owner’s right to request an administrative hearing about the town’s abatement of the weeds.
(d) 
The town shall conduct an administrative hearing on the abatement of weeds under this article if, not later than the 30th day after the date of the abatement of the weeds, the property owner files with the town a written request for a hearing.
(e) 
An administrative hearing conducted under this section shall be conducted not later than the 30th day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the town’s abatement of the weeds.
(f) 
The town may assess expenses and create liens under this section as it assesses expenses and creates liens under sections 7.02.005 and 7.02.006. A lien created under this section is subject to the same conditions as a lien created under section 7.02.006.
(g) 
The authority created hereby is in addition to the authority granted by section 7.02.005.
(1999 Code, sec. 6.107)