(a) 
It shall be unlawful for any person owning or occupying any lot or lots, grounds or yards within the city to permit or allow weeds, rubbish, brush or any and all other unsightly, objectionable or unsanitary matter of whatever nature to accumulate or grow on such lot or lots, grounds or yards. Persons owning or occupying any lot or lots, grounds or yards within the municipality are hereby required to keep the lot, lots, grounds or yards free from weeds, rubbish, brush, and other objectionable, unsightly or unsanitary matter.
(b) 
It shall be unlawful to make false statements in the written appeal provided for in section 6.02.007.
(Ordinance 95-007, sec. 1, adopted 9/5/95)
(a) 
If the owner of property in the municipality does not comply with a municipal ordinance or requirement under this article within 10 days of notice of a violation, the municipality may:
(1) 
Do the work or make the improvements required; and
(2) 
Pay for the work done or improvements made and charge the expenses to the owner of the property, and may assess expenses incurred against the real estate on which the work is done or improvements made.
(b) 
The municipality in the notice of a violation 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 municipality 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 municipality has not been informed in writing by the owner of an ownership change, then the municipality without notice may take any action permitted by subsections (a)(1) and (2) of this section and assess its expenses as provided by sections 6.02.002 and 6.02.004.
(Ordinance 95-007, sec. 2, adopted 9/5/95)
The notice must be:
(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 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.
(Ordinance 95-007, sec. 3, adopted 9/5/95)
In the event the owner of any lot or premises upon which a condition described in this article exists fails to correct, remedy or remove such condition within ten (10) days after notice to do so is given in accord with this article, the city may do such work or make such improvements as necessary to correct, remedy or remove such conditions, or cause the same to be done, and pay therefor and charge the expenses incurred thereby to the owner of such lot. Such expenses shall be assessed against the lot or real estate upon which the work was done or the improvements made. The doing of such work by the city shall not relieve such person from prosecution for failure to comply with such notice in violation of section 6.02.001.
(Ordinance 95-007, sec. 4, adopted 9/5/95)
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 municipality 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.
(Ordinance 95-007, sec. 5, adopted 9/5/95)
(a) 
The lien obtained by the municipality’s governing body is security for the expenditures made and interest accruing at the rate of 10 percent on the amount due from the date of payment by the municipality. The lien is inferior only to:
(1) 
Tax liens; and
(2) 
Liens for street improvements.
(b) 
The governing body of the municipality may bring a suit for foreclosure in the name of the municipality to recover the expenditures and interest due.
(c) 
The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the municipality in doing the work or making the improvements.
(Ordinance 95-007, sec. 6, adopted 9/5/95)
(a) 
A person subject to this article who has received the notice described in section 6.02.002 who is indigent and physically incapable of complying with the requirements of this article may appeal in writing each time a notice is received to the mayor, municipal health officer, or other municipal officer designated by the mayor to enforce the provisions hereof. Such appeal shall state:
(1) 
The fact of indigency and physical incapability of compliance and the facts and circumstances upon which the exemption is claimed.
(2) 
That the city, through its employees, contractors, agents or volunteers, is permitted to enter the property at its convenience to abate the ordinance violation.
(3) 
That the city and its employees, contractors, agents or volunteers are held harmless by such person for any personal or property injury or damage resulting from activities undertaken to abate the ordinance violation.
(b) 
Such appeal shall be sent in the same manner as provided for in section 6.02.003 (by mail or delivery). Upon receipt of an appeal under this section, the mayor, municipal health officer or other municipal official designated shall investigate the facts described, and upon a finding of indigency and physical incapacity shall in writing notify the person whether or not the exemption has been granted. A determination that the facts do or do not qualify for an exemption shall be in the total discretion of the officer, and his or her determination shall be conclusive. Indigency for the purposes hereof shall mean an income at or below the federal definition of poverty for the relevant family unit, and physical incapacity shall mean that the person subject to this article does not have the physical strength, stamina or dexterity necessary to comply with this article or has some other medical condition rendering such person incapable of compliance and that there is no person living or residing at the property in question who is physically capable of compliance.
(c) 
Upon a finding that a person does qualify for an exemption for compliance with this article, the city may, but is not required to, abate the violation either through its lessees, contractors, agents or volunteers, and shall make no charge therefor. A finding of an exemption shall entitle the person to a one-time exemption only.
(Ordinance 95-007, sec. 7, adopted 9/5/95)
(a) 
The city may abate, without notice, weeds that have grown higher than forty-eight (48) inches and are an immediate danger to the health, life, or safety of any person.
(b) 
Not later than the 10th day after the date the city abates weeds under this section, the city shall give notice to the property owner in the manner required by section 342.006 of the Health and Safety Code.
(c) 
The notice shall contain:
(1) 
Identification, which is not required to be a legal description, of the property;
(2) 
A description of the violations of this article that occurred on the property;
(3) 
A statement that the city abated the weeds; and
(4) 
An explanation of the property owner’s right to request an administrative hearing related to the city’s abatement of the weeds.
(d) 
The city shall conduct an administrative hearing on the abatement of weeds under this section if the property owner files with the city a written request for a hearing within thirty (30) days of the date of the notice required under this section.
(e) 
An administrative hearing conducted under this section shall be conducted not later than the 20th 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.
(f) 
The city may assess expenses and create liens under this section as it assesses expenses and creates liens under section 342.007 of the Health and Safety Code. A lien created under this section is subject to the same conditions as a lien created under section 342.007 of the Health and Safety Code.
(g) 
The authority granted a city by this section is in addition to the authority granted by Health and Safety Code, section 342.006.
(Ordinance adopting Code)
Violations of this article shall be punished by fines not to exceed the maximum amount provided by law for violations of municipal ordinances, as may be amended from time to time.
(Ordinance 95-007, sec. 8, adopted 9/5/95)