The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Brush.
Scrub vegetation or dense undergrowth.
Carrion.
The dead putrefying flesh of any animal, fowl or fish.
Dump.
To dispose, discharge, place, deposit, throw, leave, sweep, scatter, unload or toss.
Filth.
Any matter in a putrescent state.
Garbage.
Any kitchen refuse, foodstuffs or related materials, including all decayable waste.
Impure or unwholesome matter.
Any putrescible or nonputrescible condition, object or matter, which tends, may or could cause injury, death or disease to human beings.
Junk.
All worn-out, worthless or discarded material, including, but not limited to, any of the following materials, or parts of such materials, or any combination thereof: new or used iron, steel or nonferrous metallic scrap, brass or waste materials; used and/or inoperative household appliances, household electrical or plumbing fixtures, floor coverings and/or window coverings not currently in use; used lumber, brick, cement block, wire, tubing and pipe, tubs, drums, barrels, and/or roofing material not currently in use; air conditioning and heating equipment not currently in use; used vehicle components and parts not currently in use; used furniture other than that designed for outdoor use or that which would normally be considered as antique furniture; used and/or inoperative residential lawn care equipment and machinery not currently in use; used pallets, windows or doors not currently in use; new or used sheetmetal, structural steel and/or chain not currently in use; used and/or inoperable vending machines, radios and/or televisions not currently in use; and any other type of used and/or inoperable machinery or equipment not currently in use.
Matter.
That of which any physical object is composed.
Nuisance.
Any condition, object, material or matter that is dangerous or detrimental to human life or health, or that renders the ground, the water, the air or food a hazard or likely to cause injury to human life or health, or that is offensive to the senses, or that threatens to become detrimental to the public health, and shall include but not be limited to any abandoned wells, shafts or basements, abandoned refrigerators, sinks, privies, filth, carrion, rubbish, junk, trash, debris or refuse, impure or unwholesome matter of any kind, and objectionable, unsightly or unsanitary matter of whatever nature, and includes public health nuisances as defined by V.T.C.A., Health and Safety Code section 341.011.
Objectionable, unsightly or unsanitary matter.
Any matter, condition or object which is objectionable, unsightly or unsanitary to a person of ordinary sensitivities.
Owner.
Any person or entity shown as the property owner on the latest property tax assessment rolls or any person having or claiming to have any legal or equitable interest in the property, including any agent who is responsible for managing, leasing or operating the property and including any tenant.
Property.
All privately owned occupied or unoccupied property, including vacant land, and/or a building designed or used for residential, commercial, business, industrial or religious purposes. The term "property" shall also include a yard, ground, wall, driveway, fence, porch, steps or other structure appurtenant to the property.
Putrescible.
The decomposition of organic matter with the formation of foul-smelling, incompletely oxidized products.
Refuse.
A heterogeneous accumulation of worn-out, used, broken, rejected or worthless materials, including, but not limited to, garbage, rubbish, paper or litter, and other decayable or nondecayable matter.
Rubbish.
Junk, trash, debris, rubble, stone, useless fragments of building materials, and other miscellaneous, useless waste or rejected matter.
Trash and debris.
All manner of refuse, including but not limited to mounds of dirt, piles of leaves, grass and weed clippings, paper trash, useless fragments of building material, rubble, furniture other than furniture designed for outside use, useless household items and appliances, items of salvage such as scrap metal and wood, old barrels, old tires, objects that hold water for an extended time, tree and brush trimmings, and other miscellaneous wastes or rejected matter.
Vegetative growth.
Any grass, weeds, shrubs, trees, brush, bushes or vines.
Weeds.
Any vegetation that, because of its height, is objectionable, unsightly or unsanitary, excluding shrubs, bushes and trees, cultivated flowers and cultivated crops.
(1999 Code, sec. 38-21)
(a) 
General prohibition.
Any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance and is hereby prohibited. Any odor, stench or smell of such character, strength and continued duration which interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities is hereby declared to be a nuisance and is hereby prohibited.
(b) 
Enumeration.
The following things are, among others, declared to be offensive odors and odor nuisances in violation of this section, but such enumeration shall not be deemed to be exclusive:
(1) 
Cow lots and similar places.
Offensive odors from cow lots, hog pens and other similar places where animals are kept or fed, which shall disturb the comfort and repose of persons of ordinary sensibilities.
(2) 
Privies.
Offensive odors from privies and other similar places.
(3) 
Chemicals.
Offensive odors from the use or possession of chemicals or from industrial processes or activities which shall disturb the comfort and repose of any person of ordinary sensibilities.
(4) 
Smoke.
Offensive odors from smoke from the burning of rubbish, trash, rubber, chemical substances or other things or substances.
(5) 
Stagnant pools or rotting substances.
Offensive odors from stagnant pools allowed to remain on any premises, or from rotting garbage, refuse, offal or dead animals on any premises.
(1999 Code, sec. 38-23)
The following things are hereby declared to be public nuisances in violation of this section, and are hereafter prohibited:
(1) 
Duties of owner or occupant.
(A) 
It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, as described in this section, to fail to cut and remove all such weeds, brush, vegetative growth, and other objectionable or unsightly matter as often as may be necessary to comply with this section.
(B) 
It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the city, to fail to keep the area adjacent to his or her property line, including the front or side parkway and rear, between the property line or sidewalk and curb and the rear or side parkway between the property line and alley pavement or traveled way, or if there is no curb, then within ten feet outside such property line, free and clear of the matter referred to in subsection (1)(A) of this section. Provided, however, that where the alleyway is not open to traffic, the parkway in such cases shall be deemed to be between the property line and the centerline of the alley. Specifically, sidewalks must have an unobstructed vertical clearance of eight feet and must be unobstructed within the width of the sidewalk. Road access shall be unobstructed as outlined in the fire code, as amended.
(C) 
It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any such real property as described in this section to fail to maintain all rights-of-way adjacent or next to their real property in compliance with this section. All vegetative growth, not regularly cultivated, [or] crops allowed to grow within the right-of-way of any public street or easement shall also be kept mowed in compliance with this section.
(2) 
Prohibited conditions; exceptions.
(A) 
It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the city, to permit weeds, brush, grass or any objectionable or unsightly matter to grow to a greater height than 12 inches. All vegetation, not regularly cultivated, and which exceeds 12 inches in height, shall be presumed to be objectionable and unsightly matter.
(B) 
It shall be unlawful for any owner or occupant of any property within the city to suffer or permit tree limbs, brush or unsightly vegetation to grow within one foot of the public street or alley adjacent to that private property.
(C) 
It shall be unlawful for any owner or occupant of any property within the city to permit limbs, brush and other vegetation existing above or adjacent to a public street or alley to:
(i) 
Hang lower than fourteen (14) feet above the alley or public street pavement;
(ii) 
Hang lower than eight (8) feet above the sidewalk and other rights-of-way; or
(iii) 
Grow into or over the area occupied by a sidewalk, street, or alley, such that the limbs, brush, or other vegetation obstruct the passage of pedestrians or any type of vehicle.
It shall not be a defense to a violation of subsection (C)(iii) that the width of the sidewalk or street was sufficient to allow a pedestrian or vehicle to change direction in travel to avoid striking the limb, brush, or other vegetation that has grown into or over the area occupied by the sidewalk, street, or alley.
(D) 
With respect to lots, tracts or parcels of land of five or more acres and under single ownership, the provisions of this section shall not apply to any area greater than 100 feet from any open public street or thoroughfare, as measured from the right-of-way line of such street or thoroughfare, and greater than 100 feet from any adjacent property under different ownership and on which any building is located or on which any improvement exists, as measured from the property line.
(E) 
Property designated as and/or required by an ordinance to be maintained in its natural state shall be exempt from the provisions of this section.
(F) 
Property included as part of conservation easement shall be exempt from these provisions.
(G) 
Property that is part of a designated floodplain shall be exempt from these provisions.
(3) 
Defenses.
It shall be a defense to prosecution under this article that the vegetation is any of the following:
(A) 
Agricultural crops, except grass and hay, unless subsection (B) stated below applies;
(B) 
Hay that is grown for the specific purpose of cultivation and is a part of a predominantly homogeneous plant population may be grown to any height provided it is maintained in compliance with this section and is located no closer than 20 feet to an adjacent property under different ownership and on which any building or improvement exists;
(C) 
Cultivated trees;
(D) 
Cultivated shrubs;
(E) 
Flowers or other decorative ornamental plants under cultivation; or
(F) 
Wildflowers, but only until such time as seeds have matured following the final blooming of the majority of the plants.
(1999 Code, sec. 38-24; Ordinance 2018-1255 adopted 10/9/18)
The following acts and things, among others, are hereby declared to be public nuisances in violation of this section, but such enumeration shall not be deemed to be exclusive:
(1) 
General prohibition.
It is unlawful and declared a nuisance for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the territorial limits of the city, to permit or allow any refuse, rubbish, trash, debris, filth, carrion, junk, garbage, impure or unwholesome matter of any kind, or other objectionable or unsightly matter of whatever kind to remain upon any such real property or within any public easement on or across such real property or upon any adjacent public street or alley right-of-way between the property line of such real property and where the paved surface of the street or alley begins or that is visible from another's property.
(2) 
Burning in street or alley.
The burning of any trash or rubbish, paper, grass or weeds in any street or alley in the city is prohibited.
(3) 
Dumping.
It shall be unlawful and declared a nuisance for any person to dump, or permit to be dumped, upon any sidewalk, alley, street, or into or adjacent to water, or any other public or private property, any unwholesome water, refuse, rubbish, trash, debris, filth, carrion, junk, garbage, impure or unwholesome matter of any kind or other objectionable or unsightly matter of whatever kind.
(4) 
Collection and disposal.
Garbage and trash shall be collected and disposed of in accordance with article 22.05, Solid Waste.
(5) 
Sidewalks and grounds to be kept clear.
It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the territorial limits of the city, to fail to keep the sidewalks and grounds in the front, side or rear of the property free and clear of all refuse, rubbish, trash, debris, filth, carrion, junk, garbage, impure or unwholesome matter of any kind or other objectionable or unsightly matter.
(1999 Code, sec. 38-25)
(a) 
Issuance of notice.
If any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the territorial limits of the city, fails to comply with the provisions of this article, it shall be the duty of the city manager or his duly appointed representative to give a minimum of seven days' written notice to such person violating the terms of this article.
(b) 
Service of notice.
Notice of the violation will be delivered to the owner or occupant in person or by notice left at the location. If the property is vacant, then the notice will be mailed to the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located and delivered by United States mail or as otherwise required by law. The property will be reinspected no sooner than after seven days of the date on the notice. If the property is not in compliance at this time, a citation may be issued.
(c) 
Contents of notice.
In a notice provided under this article, the city may inform the owner by regular mail and by posting on the property, or by personally delivering the notice, 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 subsection 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 action permitted and assess expenses as provided by this section.
(d) 
Abatement by city.
(1) 
Procedure.
If at least seven days has expired after notice has been given in accordance with this section and the owner has failed to correct the violation, the city may enter upon the property and do the work, or pay for the work to be done, as necessary to correct the violation. If the owner commits another violation of the same kind or nature on or before the first anniversary of the date of a notice of a violation as required by this section and the city has not received written notification by the owner of an ownership change, the city without further notice may correct the violation at the owner's expense and assess the expenses against the property as provided by this section.
(2) 
Assessment of city's costs.
A statement of the costs incurred by the city in correcting a violation shall be mailed to the property owner. The costs shall include an administrative fee of $250.00. The payment shall be due within 30 days of the date of mailing.
(3) 
Lien to secure costs.
If the statement is not timely paid, the city may file a statement with the county clerk of the costs incurred, including administrative costs. Upon filing the statement, the city shall have a privileged lien on the land upon which the costs were incurred, second only to tax liens and liens for street improvements. The amount of the lien shall include ten percent on the delinquent amount from the date payment was made by the city. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city. To collect the costs, suit may be instituted and recovery and foreclosure had in the name of the city.
(4) 
Appeal of costs.
Within 15 days of the date the statement of costs is mailed to the owner of the premises, the owner may appeal the reasonableness of the charges billed for abating the condition to the city council by filing a written statement with the city council, stating why the charges are unreasonable. The appeal shall be submitted to the city council for review within a reasonable time after filing. If the city council finds the charges unreasonable, it shall assess the costs as it deems reasonable. The administrative charge shall not be appealable.
(e) 
Additional authority to abate dangerous weeds.
(1) 
Applicability.
The city may go upon property and do or cause to be done the work necessary to obtain compliance with section 12.05.004 (weeds, grass and other vegetation), without notice, when weeds:
(A) 
Have grown higher than 48 inches; and
(B) 
Are an immediate danger to the health, life, or safety of any person.
(2) 
Issuance of notice.
No later than the tenth day after the date the city causes the work to be done under this section, the city shall give notice to the property owner in the manner required by this section.
(3) 
Contents of notice.
The notice shall contain:
(A) 
An identification, which is not required to be a legal description, of the property;
(B) 
A description of the violations of this article that occurred on the property;
(C) 
A statement that the city abated the weeds;
(D) 
An itemized statement of the charges incurred by the city in doing or in having such work done as necessary to bring the real property into compliance with section 12.05.004; and
(E) 
An explanation of the property owner's right to request an administrative hearing about the city's abatement of the weeds.
(4) 
Appeal of costs.
Within 15 days of the date the statement of costs is mailed to the owner of the premises, the owner may appeal the reasonableness of the charges billed for abating the condition to the city council by filing a written statement with the city council, stating why the charges are unreasonable. The appeal shall be submitted to the city council for review within a reasonable time after filing. If the city council finds the charges unreasonable, it shall assess the costs as it deems reasonable. The administrative charge shall not be appealable.
(5) 
Assessment of city's expenses; lien.
The city may assess expenses and create liens under this section as it assesses expenses and creates liens as provided in this article.
(1999 Code, sec. 38-27)
Any person, firm, corporation or association who shall intentionally or knowingly fail to comply with any provision or requirement 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, or part thereof, 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. 38-28)