By the term “unsanitary matter,” as used in this
article, is meant: dilapidated sheds, buildings or structures, dilapidated
structure foundations, crates, staves, barrels, boxes, cloth, discarded
or abandoned clothing, rags, upholstery, grass, brush, straw, hay,
weeds, scrap lumber, unstacked lumber, kindling, broken timber, shavings,
shelving, planks, debris, wastepaper, litter, trash, junk, brush,
filth, carrion, rubbish and any and all other objectionable, unsightly
or unsanitary matter of whatsoever nature.
(1959 Code, sec. 15-55; Ordinance 3728, sec. 1, adopted 2/22/1962; 1983 Code, sec. 12-196)
Any person violating any provision of this article or violating
any order as made by the city health officer pursuant to the article
shall be guilty of a misdemeanor.
(1959 Code, sec. 15-60; Ordinance 3728, sec. 2, adopted 2/22/1962; 1983 Code, sec. 12-197)
The accumulation and existence upon any lot, tract, parcel of
land or premises of unsanitary matter is hereby declared to be a nuisance
and prohibited within the city and within a distance of five thousand
(5,000) feet outside the limits of the city.
(1959 Code, sec. 15-54; Ordinance 3728, sec. 1, adopted 2/22/1962; 1983 Code, sec. 12-198)
It shall be the duty of the owner, occupant or any other person
having an interest in any property upon which unsanitary matter is
located to remove and clean up all such matter and deliver the same
to the nearest dump ground maintained by the city.
(1959 Code, sec. 15-56; Ordinance 3728, sec. 1, adopted 2/22/1962; 1983 Code, sec. 12-199)
The city health officer and fire marshal are hereby authorized to inspect all property within the city where any nuisance as described in section
34.04.003 shall exist, and to give the owner and other persons, if any, having control thereof, notice in writing that such nuisance exists, which notice shall require the owner or other person to abate any such nuisance and comply with the provisions of this article by removal and disposal of all such unsanitary matter. Such notice may be given by delivering the same to the owner or other person, in person or by letter addressed to such owner or other person at his post office address, with return receipt requested, or by publication as many as two (2) times within ten (10) consecutive days, if personal service of the notice may not be had, or if the owner’s address is not known.
(1959 Code, sec. 15-57; Ordinance 3728, sec. 1, adopted 2/22/1962; 1983 Code, sec. 12-200)
It shall be the duty of any owner to comply with the provisions
of the notice and to abate the nuisance within ten (10) days after
the date of the notice and, if such owner or other person in control
of such lot shall, for any reason, fail or refuse to abate such nuisance,
or if the owner’s address is not known, or if personal service
cannot be had, as provided by article 4436, Revised Civil Statutes
of Texas, the city manager shall, upon approval of the city council,
cause the abatement of any such nuisance on account of the owner of
the lot and the expense thereof shall be assessed against the lot
upon which it was incurred, and the city health officer shall file
with the clerk of the county a statement of such expense, and a copy
of such statement with the city attorney, who shall be authorized
to timely file suit to foreclose the lien for such improvements, all
as provided by article 4436, Revised Civil Statutes of Texas.
Editor’s note–Article 4436, Revised
Civil Statutes of Texas, mentioned in the section above has been recodified
as V.T.C.A., Health and Safety Code, secs. 342.001–342.007.
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(1959 Code, sec. 15-58; Ordinance 3728, sec. 1, adopted 2/22/1962; 1983 Code, sec. 12-201)
Whenever an order has been given by the city health officer
to abate or remove a nuisance that may exist upon any lot or premises,
the owner thereof shall have the right, within the period of time
given in the order for abatement, to appear at the office of the city
health officer to show cause why such order should not or cannot be
complied with, and the city health officer may, at his discretion,
give such extension of time for the abatement or removal of such nuisance
as may be necessary; provided, that there is no immediate danger to
the public health.
(1959 Code, sec. 15-59; Ordinance 3728, sec. 1, adopted 2/22/1962; 1983 Code, sec. 12-202)