(a) 
It shall be unlawful and constitute an offense and creation and maintenance of a public nuisance for any person, firm, or corporation who shall own or occupy any lot or premises to suffer or permit weeds, grass or uncultivated plants other than trees to grow upon such lot or premises within one hundred (100) feet of the property line of developed property to a greater height than twelve (12) inches on an average.
(b) 
It shall be unlawful and constitute an offense and creation and maintenance of a public nuisance for any person, firm or corporation who shall own or occupy any lot or premises to suffer or permit weeds, grass or uncultivated plants other than trees to grow to a greater height than twelve (12) inches on that portion of right-of-way which abuts such lot or premises between the centerline of such right-of-way and the property line of such lot or premises. Except, however, rights-of-way meeting any of the following definitions shall not be the responsibility of the abutting owner or occupants:
(1) 
Ditches exceeding a depth of four (4) feet as determined by the city manager or his designee;
(2) 
Rights-of-way which governmental entities other than the city have a contractual obligation to maintain;
(3) 
Major arterial streets as determined by the city manager or his designee;
(4) 
Unpaved dedicated street rights-of-way;
(5) 
Street medians;
(6) 
Property owner in fee by the city.
(c) 
If it be shown that a person, firm, or corporation has violated this section, the defendant, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than the maximum fine of five hundred dollars ($500.00) prescribed by section 1.01.009 of this code for each offense. Section 1.01.009 states that it shall be unlawful for any person to violate or fail to comply with any provision of this code. Where no specific penalty is provided therefor, the violation of any provision of this code shall be punished by a fine.
(d) 
Upon a second conviction for a violation on the same property, the defendant shall be punished by a fine of not less than two hundred dollars ($200.00) nor more than the maximum fine prescribed by section 1.01.009 of this code for each offense.
(e) 
In addition to the fines and penalties provided for in this section, if a person, firm, or corporation owning any lot or premises in violation of this section fails or refuses, after notice, to cut such weeds, grass or uncultivated plants, the designated enforcement officer may cause such weeds, grass or uncultivated plants to be cut in accordance with section 10.06.004 of this article.
(f) 
In any prosecution charging a violation of this section, proof that the person whose name is listed on the tax rolls of the city as being the owner of the lot or premises found to be in violation shall constitute in evidence a prima facie presumption that such person is the owner of such lot or premises; provided, however, that such presumption may be rebutted by the person charged with violating this section with evidence to the contrary; and provided further that the presumption established herein shall have the evidentiary consequences enumerated in chapter 2 of the Texas Penal Code.
(Ordinance 84-40, sec. 1, adopted 3/13/84; Ordinance 92-48, sec. 1, adopted 6/30/92; Ordinance 03-024, sec. 1, adopted 3/25/03; 1978 Code, sec. 13-50)
(a) 
The designated enforcement officer shall enforce the terms and conditions of this article.
(b) 
If the owner commits another violation by allowing weeds, grass or uncultivated plants to exist on the property in violation of this article, within twelve (12) months after the date of the notice provided for herein, the city without further notice may correct the violation at the owner’s expense and assess the expense against the property.
(c) 
If a violation covered by a notice under this section occurs within a 12-month period, and the city has not been informed in writing by the owner of a change in ownership, then the city without notice may take any action permitted by section 10.06.003.
(Ordinance 84-40, sec. 1, adopted 3/13/84; Ordinance 92-48, sec. 1, adopted 6/30/92; Ordinance 03-024, sec. 2, adopted 3/25/03; 1978 Code, sec. 13-51)
(a) 
It shall be the duty of the enforcement officer to notify the owner and/or agent of any premises within the city not dedicated to an agricultural use which is in violation of section 10.06.001 to remove such weeds within seven (7) days after such notice shall be made as provided in this article.
(b) 
If the owner of property does not bring the property into compliance with this article within seven (7) days after notice of a violation, the city may do the work or make the improvements required, pay for the work done or improvements made and charge the expenses to the owner of the property.
(c) 
The notice required under this section shall be in writing and may be served on the owner or agent:
(1) 
By handing it to him or her in person;
(2) 
By certified mail addressed to the owner at the owner’s address as recorded in the county appraisal district records; or
(3) 
If personal service cannot be obtained, by publication at least once in the city’s greatest circulated newspaper.
(d) 
If the city mails a notice to a property owner in accordance with this section, and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered as delivered.
(Ordinance 84-40, sec. 1, adopted 3/13/84; Ordinance 92-48, sec. 1, adopted 6/30/92; Ordinance 03-024, sec. 3, adopted 3/25/03; 1978 Code, sec. 13-52)
Should the owner of any lot or premises upon which weeds, grass, or uncultivated plants have been permitted to grow in violation of this article fail or refuse to cut or remove such weeds, grass or uncultivated plants within seven (7) days after notice, as provided in section 10.06.003:
(1) 
The enforcement officer is hereby authorized to cause such weeds, grass or uncultivated plants to be cut and removed at the expense of the city, and to assess the expenses thereof to the owner, as shown on the tax roll of the real estate or lot upon which such expense is incurred.
(2) 
The fee for cutting shall be billed to the owner of the premises at the rate of one cent ($0.01) per square foot, not less than twenty-five dollars ($25.00), plus an administrative fee of fifty dollars ($50.00) to cover all administrative costs.
(3) 
A statement of expenses which includes administrative fees incurred by the city for the cutting and removal of weeds, grass or uncultivated plants cut in accordance with this section shall be mailed to the property owner shown on the tax roll at the time of service. The statement of expenses shall, in addition to stating the amount of such expense, provide the date upon which such work was done and a description of the lot or premises upon which such work was done.
(4) 
Payment is due and is considered delinquent if not received within thirty (30) days of the date on the statement of account from the city.
(5) 
If payment is not made within ninety (90) days of such delinquency, the city’s authorized agent is hereby authorized to add a lien assessment fee of fifty dollars ($50.00) to the statement of expenses incurred by the city in the cutting and removal of weeds, grass or uncultivated plants under this section and to file said statement of expenses as a lien at the county clerk’s office against the premises which are in violation of this article.
(6) 
The lien obtained by the city is security for the expenditures made and interest shall accrue at the rate of ten (10) percent annually on the unpaid balance due from the date of payment by the city.
(7) 
The city shall have a privileged lien upon such lot or real estate upon which such work was done or improvements made to secure the expenditure so made, in accordance with provisions of Health and Safety Code, section 342.007, which lien shall be second only to tax liens and liens for street improvements.
(8) 
The city may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due.
(9) 
The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city in doing the work or making the improvements and of proper notices as required by this article.
(10) 
The remedy provided by this section is in addition to the remedy provided by section 342.005 of the Health and Safety Code.
(11) 
The governing body of a city may foreclose a lien on property under this section in a proceeding relating to the property brought under subchapter E, chapter 33, Tax Code.
(Ordinance 84-40, sec. 1, adopted 3/13/84; Ordinance 86-104, sec. 1, adopted 10/7/86; Ordinance 92-48, sec. 1, adopted 6/30/92; Ordinance 00-31, sec. 1, adopted 3/28/00; Ordinance 03-024, sec. 4, adopted 3/25/03; 1978 Code, sec. 13-53; Ordinance 07-028, sec. 9, adopted 3/27/07)
(a) 
The city may abate, without notice, weeds that have grown higher than forty-eight (48) inches and are an immediate danger to the health, life, or safety of any person.
(b) 
Not later than the 10th day after the date the city abates weeds under this section, the city shall give notice to the property owner in the manner required by section 342.006 of the Health and Safety Code.
(c) 
The notice shall contain:
(1) 
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 city abated the weeds; and
(4) 
An explanation of the property owner’s right to request an administrative hearing related to the city’s abatement of the weeds.
(d) 
The city manager or his designee shall conduct an administrative hearing on the abatement of weeds under this section if the property owner files with the city a written request for a hearing within thirty (30) days of the date of the notice required under this section.
(e) 
An administrative hearing conducted under this section shall be conducted not later than the 20th 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 city’s abatement of the weeds.
(f) 
The city may assess expenses and create liens under this section as it assesses expenses and creates liens under section 342.007 of the Health and Safety Code. A lien created under this section is subject to the same conditions as a lien created under section 342.007 of the Health and Safety Code.
(g) 
The authority granted a city by this section is in addition to the authority granted by Health and Safety Code, section 342.006.
(Ordinance 03-024, sec. 5, adopted 3/25/03; 1978 Code, sec. 13-54; Ordinance 07-028, sec. 10, adopted 3/27/07)