The weed abatement regulations established by this article have been made for the purpose of promoting the health, safety, morals and general welfare of the community.
(1999 Code, sec. 50-101)
(a)
It shall be unlawful for any person, firm, corporation or association owning, leasing, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the city to permit grass, weeds or brush to grow to a height greater than 12 inches upon any real property, or allow any objectionable or unsightly matter to remain upon such property.
(b)
All vegetation not regularly cultivated and which exceeds 12 inches in height shall be presumed to be objectionable and unsightly, except that regular cultivated crops will not be allowed to grow within the right-of-way of any public street or easement but shall be kept mowed as provided in this article.
(1999 Code, sec. 50-102)
It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property to cut and remove all such weeds, brush and other objectionable or unsightly matter as often as may be necessary to comply with this article. It shall be the duty of each person, firm, corporation or association to keep the area from the line of his property to the curbline next adjacent to it, if there is a curbline, and if not, then within ten feet outside that property line, free and clear of weeds, brush and objectionable matter.
(1999 Code, sec. 50-103)
The city manager shall be authorized to designate particular areas of the city as natural wildlife refuges. These areas shall be exempt from the provisions of this article. Prior to May 1 of each year, the city manager shall submit to the city council the proposed natural wildlife refuges within the city. The city council shall review such proposal and make any amendments it deems appropriate. For purposes of this article, the term "natural wildlife refuge" shall mean an area of the city which, because of its topography, location and vegetation, is particularly suited for the growth and enhancement of the plant and animal life within the city.
(1999 Code, sec. 50-104)
If any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the city fails to comply with the provisions of this article, it shall be the duty of the city to give ten days' notice in writing to such person violating the terms of this article or by letter addressed to such person at his post office address or by publication two times within ten consecutive days in the city's official newspaper. If such person fails or refuses to comply with the provisions of this article within ten days after the date of notification in writing or by letter or the date of second publication of notice in the city's official newspaper, the city may go upon such property and do or cause to be done the work necessary to obtain compliance with this article, and may charge the expenses, plus an additional $50.00 for administrative costs incurred in doing or in having the same done, to the owners of such property as provided hereafter in compliance with V.T.C.A., Health and Safety Code ch. 342.
(1999 Code, sec. 50-105)
The charges provided for in this article shall be levied, assessed and collected by the city manager or his duly delegated representative of the city. If the owner of such premises, upon which work was done and charges incurred, fails or refuses to pay such charges and expenses within 30 days after the first day of the month following the one in which the work was done, an appropriate official under applicable state law shall file with the county clerk a statement by the city manager setting out the expenses and the attorney's fees. The city manager shall thereby perfect a privileged lien on the property involved, second only to tax liens and liens for street improvements, to secure the expense incurred, together with ten percent interest from the date such payment was due. For any such expenditures and interest, suit may be instituted and foreclosure had in the name of the city, and the statement so made, or a certified copy, shall be prima facie proof of the amount expended for any such work or improvements.
(1999 Code, sec. 50-106)
Any person, firm, corporation or association who shall fail to comply with the notice as set forth in the preceding sections of this article shall be subject to a fine, upon conviction in the municipal court, of not more than $2,000.00, and each and every day that the premises shall remain in a condition in violation of the terms of this article shall constitute a separate offense. This section shall be in addition to and cumulative of the provisions for the abatement of the nuisance and charging the cost of the abatement against the owner of the premises by the city.
(1999 Code, sec. 50-107)