Any person violating section 6.02.003, 6.02.006 or 6.02.007 of this article shall be deemed guilty of a misdemeanor and shall be punished upon conviction by a fine in accordance with the general penalty provision found in section 1.01.009 of this code. Each day a violation exists shall constitute a separate offense.
(2001 Code, sec. 6.109)
A person, who owns, occupies or has supervision or control of any lot, tract or parcel of land or portion thereof commits an offense if the person permits grass, weeds, brush or any plant that is not cultivated thereon to grow, on an average, to a height greater than twelve inches.
(2001 Code, sec. 6.102)
The planning and zoning commission may grant an exemption from the provisions of this article to the owner of any lot or tract of land who submits an approved landscape plan. The owner shall submit an application for an exemption on a form prescribed by the city and shall submit ten copies of the application, which shall include a site plan depicting the landscape plan. The planning and zoning commission shall grant the applicant an exemption if it determines that the landscaping described in the landscape plan:
(1) 
Is compatible with neighboring properties;
(2) 
Does not constitute a fire hazard;
(3) 
Does not constitute a safety hazard; and
(4) 
Promotes the natural vegetative state of the area.
(2001 Code, sec. 6.104)
A person who owns, occupies or has control of any lot, tract or parcel of land greater than two acres that is undeveloped or under cultivation shall not permit grass, weeds, brush or plants that are not cultivated to grow, on an average, over twelve inches in height, within an area fifteen feet in width measured from each property line of the tract.
(2001 Code, sec. 6.105)
(a) 
Grass and weeds.
(1) 
Responsibility of adjacent property owner.
A person who owns any lot, tract or parcel of land or portion thereof within the city shall not permit grass, weeds, brush or any plant that is not cultivated to grow to a height greater than twelve inches, on an average, in along, upon or across the sidewalk or street adjacent to the same in the area between the property line and the curb line.
(2) 
Maintenance of ditches by city.
The city will be responsible for the maintenance of the following barrow ditches:
(A) 
Ash Avenue (east side extending from Park Street to Lakeview Drive).
(B) 
Ash Avenue (Park Street extending to 392 Ash Avenue).
(C) 
Lakeview Drive (extending from Ash Avenue to Broadway).
(D) 
Harbor Drive (east side extending from Dunaway Lane to Harbor South).
(E) 
Stribling Drive (extending from Kimbrough to Oak View Court).
(F) 
South Stewart.
(G) 
Wells Burnett.
(H) 
Denver Trail (extending from Lakeview Drive to Denver Trail Court).
(b) 
Trimming of trees and shrubs.
A person who owns any lot, tract or parcel of land or portion thereof within the city shall be and is under a duty to trim and/or remove any trees, shrubs, bushes or other forms of vegetation so as to provide a minimum vertical clearance of twelve feet to any canopy limbs that may encroach upon, into or over the public street or sidewalk.
(Ordinance 2012-18 adopted 11/6/12)
(a) 
Notice required.
If the owner of the land fails to comply with the requirements of section 6.02.003, 6.02.006 or 6.02.007 of this article, a city official may cause the property owner to be notified to cut the grass, weeds or brush within 10 days of the date of the notice.
(b) 
Method of notice.
The notice shall be given:
(1) 
Personally to the owner in writing;
(2) 
By letter addressed to the owner at the owner’s address as recorded in the appraisal district records of the appraisal district in which the property is located;
(3) 
If the personal service cannot be obtained:
(A) 
By publication in the city’s official newspaper once;
(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.
(c) 
Unclaimed notices.
If the notice is mailed to a property owner in accordance with subsection (b) above, and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered delivered.
(d) 
Contents of notice.
The notice shall contain:
(1) 
The name and address of the record owners;
(2) 
An identification, which is not required to be a legal description, of the property upon which the violation is located;
(3) 
A statement describing the violation and the work necessary to correct the violation;
(4) 
A statement advising the owner that, if the work is not completed within 10 days, the city will complete the work and charge the expenses to the owner; and
(5) 
A statement that, if the city performs the work and the owner fails to pay the expenses, a priority lien may be placed on the property.
(e) 
Subsequent violations.
Although it is not required, the city may:
(1) 
Inform the owner by regular or certified mail and a posting on the property that, if the owner commits another violation of the same kind (failure to mow weeds or high grass) 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 expenses against the property; and
(2) 
If a violation 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 corrective action and assess the expenses against the owner and the property.
(f) 
Abatement by city.
If the owner does not cut the weeds, grass or plants within 10 days of the notice, the city may go on such property or authorize another to go on such property, and do or cause the work to be done and charge the expenses incurred to the owner of the property and assess the expenses against the real estate on which the work is done. The remedy provided in this section is in addition to any criminal penalties or other remedies authorized by this article or other law.
(2001 Code, sec. 6.107)
(a) 
The city does hereby assess the expenses incurred pursuant to section 6.02.008 against the real estate on which the work is done or improvements made and charge the owner of the property for the same.
(b) 
The city shall send the owner of the property upon which the work was done a notice. The notice shall include:
(1) 
An identification of the property;
(2) 
A description of the violation;
(3) 
A statement that the city abated the condition;
(4) 
A statement of the city’s charges and expenses in abating the condition;
(5) 
An explanation of the property owner’s right to request a hearing within ten days; and
(6) 
A statement that, in the event the owner fails or refuses to pay the expense within thirty days the city manager or the city manager’s designee shall obtain a lien against the property by filing with the county clerk of the appropriate county a statement of expenses so incurred.
(c) 
The city manager or his designated representative will conduct a hearing if the property owner submits a written request within 10 days of the date of the notice. At the hearing:
(1) 
The owner and the city may testify or present witnesses or written information related to the city’s abatement of the nuisance.
(2) 
The city has the burden to show that a violation of this article existed, notice was given in substantial compliance with this article, and expenses were incurred to abate the violation.
(3) 
At the close of the hearing, the city manager or his representative may find, based upon a preponderance of the evidence, that the expenses are valid, or that they are erroneous, or he may adjust them.
(d) 
If no hearing is requested, or a hearing is held and the expenses are determined to be valid or are otherwise appropriately adjusted, and the owner fails or refuses to pay the expenses within 30 days after written notification to pay, the city manager or the city manager’s designated representative shall place a lien against the property by filing with the county clerk of the county in which the property is located a notice of lien and statement of expenses incurred.
(e) 
The lien is security for the expenditures made and interest accruing at the rate of ten percent per annum from the date of payment by the city.
(f) 
When the statement is filed, the city shall have a privileged lien on that property, second only to tax liens and liens for street improvements.
(g) 
For any such expenditures and interest, suit may be instituted and recovery and foreclosure had by the city. The statement of expenses, or a certified copy thereof, is prima facie proof of the expenses incurred by the city in doing the work or making the improvements, all as more particularly specified in Texas Health and Safety Code Ann. sec. 342.007, as amended, which is adopted and incorporated herein by reference.
(2001 Code, sec. 6.108; Ordinance 2015-14, sec. 1, adopted 11/3/15; Ordinance 2015-14, sec. 2, adopted 11/3/15)
(a) 
Abatement.
The city may abate, without prior notice, weeds that have grown higher than 48 inches and are an immediate danger to the health, life or safety of any person.
(b) 
Notice.
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 same manner provided in section 6.02.008 of this article.
(c) 
Hearing.
The city manager or his designated representative shall conduct an administrative hearing under this section if, not later than the 30th day after the date of the abatement of the weeds, the property owner files with the city a written request for a hearing. The hearing shall be conducted by the city manager or his designated representative not later than the 20th day after the date a request for hearing is filed. At the hearing:
(1) 
The owner and the city may testify or present witnesses or written information related to the city’s abatement of the nuisance.
(2) 
The city has the burden to show that a violation of this article existed, notice was given in substantial compliance with this section, and expenses incurred to abate the violation were reasonable.
(3) 
The city manager or his designated representative may approve the expenses, deny the expenses, or adjust the amount of the expenses and approve them as adjusted.
(2001 Code, sec. 6.110)