As used in this article:
A tract of land upon which a structure is situated.
A tract of land with no structure situated thereon.
(2001 Code, sec. 6.101)
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)
Weeds, brush, grass and plants not cultivated of a height in excess of the limits set forth in section 6.02.003 are defined as a nuisance in accordance with section 8.02.001 of this code.
(2001 Code, sec. 6.103)
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)
(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)
