(a)
All
weeds, brush, grass and other vegetation prescribed or prohibited
by this article are deemed a fire hazard, a traffic hazard, and a
menace to the health, safety and welfare of the citizens of Euless,
and, therefore, a public nuisance.
(b)
All
places in the city that are unwholesome, contain stagnant water, or
are in any other condition that may produce disease are deemed a health
and safety hazard, and a menace to the health, safety and welfare
of the citizens of Euless, and, therefore, a public nuisance.
(Code 1974, § 7-26; Ordinance 1448, § I, 9-26-00)
(a)
It shall
be unlawful for any person owning, claiming, occupying or having supervision
or control of any real property within the corporate limits of the
city to suffer or permit grass, weeds or other plants, except as provided
in this article, to grow to a height greater than 12 inches upon any
real property within 50 feet of any property line, residence, barn,
building or other structure within the city limits, including that
area between the property line and the curb or, if there is no curb,
then from the property line to the traveled portion of the street
or to a height greater than 24 inches upon any other real property
in the city, except for:
(b)
It shall
be the duty of the person owning, claiming, occupying, or having supervision
or control of any real property within the corporate limits of the
city to keep such property free and clear of all such weeds, brush,
grass and other unsafe vegetation which exceeds the height prescribed
in this section. All such weeds, brush, grass and other unsafe vegetation
is presumed to be a public nuisance.
(c)
It shall
be unlawful for any person owning, claiming, occupying or having supervision
or control of any real property within the corporate limits of the
city to suffer or permit a place or condition on said property which
is unwholesome, contains stagnant water or is in any other condition
that may produce disease.
(d)
It shall
be the duty of the person owning, claiming, occupying or having supervision
or control of any real property within the corporate limits of the
city to keep such property free and clear of all such unwholesome
places, places which contain stagnant water or places which are in
any other condition that may produce disease. Such duties shall include,
but not be limited to, the filling or draining of any such place.
All such places that are unwholesome, contain stagnant water or are
in any other condition that may produce disease are hereby presumed
to be a public nuisance.
(Code 1974, § 7-27; Ordinance 1448, § I, 9-26-00)
(a)
If any person owning, claiming, occupying, or having supervision or control of any real property fails to comply with the provisions of this article, the city shall notify such person of his failure to comply. If personal service cannot be obtained or the owner’s post office address is unknown, then the notice shall be given by publication in any two issues within ten consecutive days in any daily, weekly or semi-weekly newspaper in the city; or by posting the notice on or near the front door of each building on the property to which the violation relates; or 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. The form of notice of a violation if furnished to the owner by certified mail, return receipt requested, shall inform the owner that if the owner commits another violation of the same kind or nature 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 any 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 undertake any action permitted in subsection (b) hereof and assess its expenses as provided in section 46-29 hereof.
(b)
If the person described in subsection (a) of this section fails or refuses to comply with the provisions of this article within ten days after notification by letter or date of second publication of notice, or date of posting the notice at the property as provided in subsection (a) above, the city may go upon such property and do or cause to be done the work necessary to obtain compliance with this article. Such work may consist of preparing such property so that it can be reasonably be mowed, the mowing of the property, and the removal of cuttings and other debris attributed to the mowing and preparation of the property. Such work may also consist of the filling and draining of any place on such property that is unwholesome, contains stagnant water, or is in any other condition that may produce disease. Such work may further consist of repair, removal or demolition of any building, structure or part thereof which is reasonably capable of causing injury to a person or damage to property. After initiating such work, the city may charge against the person having control of the land an administrative fee.
(Code 1974, § 7-28; Ordinance 1132, § I, 3-22-94; Ordinance 1448, § I, 9-26-00)
The expense incurred pursuant to this article in correcting the condition of such property, and the cost of publication of notice in the newspaper, shall be paid by the city and charged to the owner of such property, who shall in addition pay an administrative fee as set forth in chapter 30. The city shall file with the county clerk a statement, signed by the mayor or an official of the city designated by the mayor, of the amount so expended and costs which statement shall state the name of the owner, if known, and the legal description of the property. Such amount shall bear interest at the rate of ten percent from the date the city incurs the expense and shall become a privileged lien against the real property, second only to tax liens and liens for street improvements. For any such expenditures, costs and interest, suit may be instituted, and recovery and foreclosure had by the city. The statement of expense filed with the clerk or a certified copy thereof shall be prima facie proof of the amount expended in such work improvements or correction of the property, all as more particularly specified in V.T.C.A., Health and Safety Code 342.007, which is hereby adopted by reference.
(Code 1974, § 7-29; Ordinance 1132, § II, 3-22-94)
Before any application for change of zoning, platting or replatting is accepted, all liens and charges arising under the terms of this article shall be satisfied. In addition, property will be inspected to ascertain that section 46-27 is not violated at the time of application.
(Code 1974, § 7-31)
Any person violating the terms and provisions of this article shall be deemed guilty of a misdemeanor and shall be punished as provided in section 1-12 of this Code. Each day that such violation continues shall be a separate offense. This penalty shall be cumulative of all other remedies. No fine imposed hereunder shall be less than $25.00.
(Code 1974, § 7-30; Ordinance 1077, § XII, 5-12-92)
