In this article, the following definitions shall apply:
All uncultivated vegetable growth, objects and matters not
included within the meaning of the other terms as herein used, which
are liable to produce or tend to produce an unhealthy, unwholesome
or unsanitary condition to the premises within the general locality
where the same are situated, and shall also include any species of
ragweed or other vegetable growth which might or may tend to be unhealthy
to individuals residing within the general locality of where the same
are situated.
All trees or shrubbery under seven feet (7’) in height
which are not cultivated or cared for by persons owning or controlling
the premises.
A structure built for the support, shelter, or enclosure
of a person, animal, chattel, machine, equipment, or other moveable
property or a building designed or used for residential, commercial,
business, industrial or religious purposes. The term includes a yard,
ground, walk, driveway, fence, porch, steps, or other structure appurtenant
to the property.
All privately owned property and/or real estate, whether
or not such property or real estate is vacant.
A subdivision that has its approved or unapproved plat recorded
with the county clerk of the county in which the subdivision is located.
All refuse, rejected tin cans, old vessels of all sorts,
useless articles, discarded clothing and textiles of all sorts, and
in general all litter and all other things usually included within
the meaning of such term.
All rank and uncultivated vegetable growth or matter that:
(1999 Code, sec. 6.106)
The owner or person entitled to possession of a lot or parcel
of land located within the city shall keep such lot or parcel of land
free from rubbish, brush, and other filth, carrion or other impure
or unwholesome matter or the collection or accumulation of stagnant
water or any other condition that may produce disease.
(1999 Code, sec. 6.101)
The owner of a lot or parcel of land in the city or any person
entitled to possession of a lot or parcel of land within the city
shall not cause, permit, or allow weeds to grow on such lot or parcel
of land when such weeds:
(1)
Are
located within an R-1, R-2, R-3 or MH district or the Old Katy zone
or any planned development district and are:
(A)
Located on a lot or parcel of land of ten (10) acres or less if all
or any one (1) boundary of the lot or parcel is within three hundred
feet (300’) of a building;
(B)
Located on a lot or parcel larger than ten (10) acres and within
one hundred fifty feet (150’) of the boundary of said lot or
parcel and the boundary of said parcel is within one hundred fifty
feet (150’) of a building on an adjoining lot or parcel; or
(C)
Located within fifty feet (50’) of a public sidewalk or the
paved surface of a public road or the boundary of a public park regardless
of lot or parcel size.
(2)
Located
within any C-1, C-2, or M district and are:
(A)
Located on a lot or parcel of land containing two (2) acres or less;
(B)
Located on a lot or parcel containing more than two (2) acres of
ground and within one hundred feet (100’) of any building located
on the lot or tract or on any adjoining lot or tract also designated
C-1, C-2 or M;
(C)
Located within fifty feet (50’) from any public sidewalk, the
paved surface of a public street or the boundary of a public park;
or
(D)
Located within three hundred feet (300’) of the boundary of
a platted subdivision.
(1999 Code, sec. 6.102)
The owner or person entitled to possession of a lot or parcel
of land located within the city who allows the accumulation of rubbish,
brush, and other objectionable, unsightly or unsanitary matter including
filth, carrion or other impure or unwholesome matter or the collection
or accumulation of stagnant water or any other condition that may
produce disease on the lot or parcel shall be in violation of this
article.
(1999 Code, sec. 6.103)
The owner of a lot or parcel of land in the city or any person
entitled to possession of a lot or parcel of land within the city
who shall cause, permit or allow weeds to grow on such lot or parcel
of land when such weeds:
(1)
Are
located within an R-1, R-2, R-3 or MH district or the Old Katy zone
or any planned development district and are:
(A)
Located on a lot or parcel of land of ten (10) acres or less if all
or any one (1) boundary of the lot or parcel is within three hundred
feet (300’) of a building;
(B)
Located on a lot or parcel larger than ten (10) acres and within
one hundred fifty feet (150’) of the boundary of said lot or
parcel and the boundary of said parcel is within one hundred fifty
feet (150’) of a building on an adjoining lot or parcel; or
(C)
Located within fifty feet (50’) of a public sidewalk or the
paved surface of a public road or the boundary of a public park regardless
of lot or parcel size;
(2)
Located
within any C-1, C-2, or M district and are:
(A)
Located on a lot or parcel of land containing two (2) acres or less;
(B)
Located on a lot or parcel containing more than two (2) acres of
ground and within one hundred feet (100’) of any building located
on the lot or tract or on any adjoining lot or tract also designated
C-1, C-2 or M;
(C)
Located within fifty feet (50’) from any public sidewalk, the
paved surface of a public street or the boundary of a public park;
or
(D)
Located within three hundred feet (300’) of the boundary of
a platted subdivision;
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shall be in violation of this article.
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(1999 Code, sec. 6.104)
Any person found to be in violation of this article shall be fined as provided for in the general penalty provision found in section 1.01.009 of this code, unless it be shown that such person has been found guilty before of violation of this same article, in which case the fine shall be as provided for in the general penalty provision found in section 1.01.009 of this code. Each day a violation exists shall be a separate offense.
(1999 Code, sec. 6.105)
(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 ten
(10) days after notice the violation has not been corrected and the
owner of the property has not complied with this article, the city
may:
(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.
(4)
Such notices and posting as may be required herein shall be done
by the public works director.
(5)
In the notice of a violation, the city 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 city 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 city has not been informed in writing by the owner of an ownership change, then the city without notice may take any action permitted by this section and section 6.04.009 and assess its expenses as provided by section 6.04.008.
(1999 Code, sec. 6.107)
(a)
An administrative fee, as provided for in the fee schedule in appendix A of this code, is levied against each parcel of land that the city must bring into compliance with this article by cutting weeds or making improvements. The city shall collect an administrative fee from the owner or person entitled to possession of each parcel on which improvements are made or grass and weeds are cut or mowed. Such fee is in addition to the actual cost of cutting the grass or making the improvements.
(b)
The
city shall have a lien against the lot or parcel to which the violation
relates and on which the city has cut grass or made improvements for
an amount equal to the actual costs of cutting or improving plus the
administrative fee.
(1)
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.
(2)
The lien obtained by the city 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 city.
(4)
After the filing of the statement of expense, the city council may
authorize the city attorney to bring suit for foreclosure in the name
of the city to recover the expenditures and interest due.
(5)
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.
(6)
The remedy provided by this section shall be in addition to the punishment provided in section 6.04.006.
(7)
The city 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. 6.108)
(b)
Not later than the 10th day after the date the city abates the weeds under this section, the city shall give notice to the property owner in the manner required by section 6.04.007(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 the ordinance 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 city's abatement of the weeds.
(d)
The
city shall conduct an administrative hearing on the abatement of weeds
under this section if, not later than the 30th day after the date
of the abatement of the weeds, the property owner files with the city
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 city's abatement of the weeds.
(1999 Code, sec. 6.109)
