(a) 
Whatever is dangerous to human life or health, and whatever renders the ground, the water, the air or food a hazard or injury to human life or health or that is offensive to the senses, or that is or threatens to become detrimental to the public health, is declared to be a nuisance, and the specific acts, conditions and things set forth in this article are, among others, each and all of them declared to be nuisances and prohibited and made unlawful.
(b) 
The enumeration of specific nuisances provided in this article shall not be deemed or interpreted to limit the scope of this definition to those items specifically enumerated, but shall be taken as specific examples only.
(2001 Code, sec. 8.101)
As used in this article:
City manager.
The city manager of Azle or his designee.
Garbage.
Every accumulation of both animal and vegetable matter, liquid or otherwise, that is received from kitchens, and also all decayable waste. It does not include compost heaps.
Junk.
All worn-out or discarded material, including but not limited to old iron or other metal, glass and cordage, machinery of any kind, tractors, refrigerators, stoves, any other household appliances, furniture, or old, discarded or abandoned boats, and broken, discarded or unused building materials such as lumber, brick, plaster, sand or gravel. For purposes of this definition, a boat is considered old, abandoned or discarded if it is damaged to the extent it is not seaworthy.
Litter.
Discarded paper, wrapping material, used beverage or food containers, rubbish, trash or garbage.
Occupant.
Any person, firm or corporation, both public and private, claiming or having possessory control of any property.
Owner.
Any person, firm or corporation, both public and private, claiming title of any property.
Person.
A natural person, joint venture, joint stock company, partnership, association, club, companies, or lessee, agent, servant, officer or employee of any of them.
Real property.
Land, including an easement on, through or across the property and unpaved street and alley right-of-way adjacent to the real property.
Refuse.
An accumulation of worn-out, used, broken or rejected materials, and includes garbage, litter, rubbish, yard waste and other decayable or nondecayable waste. It includes, but is not limited to, old barrels, old tires, tree and brush trimmings and unused household items and appliances. It does not include compost heaps.
Rubbish.
All loose and decayed material and dirt-like substances that attend use or decay, or which accumulates from building, storing or cleaning, trash, debris, rubble, stone or fragments of building materials.
Yard waste.
Grass and brush trimmings, trees or tree limbs, hedge or shrub cuttings, leaves, weeds, vines or other decayable waste which is generated by maintaining a yard.
(2001 Code, sec. 8.102)
(a) 
A person commits an offense if the person allows a nuisance to exist on real property owned or occupied by the person.
(b) 
For purposes of this section, “nuisance” means:
(1) 
Accumulation of stagnant, unwholesome or impure water in a container, pond or pool that is offensive, a threat to health, or conducive to the breeding of mosquitoes;
(2) 
Accumulation of refuse, rubbish, garbage, filth, carrion, scrap or junk that creates an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin or disease-carrying pests.
(2001 Code, sec. 8.103)
Every person owning, occupying or possessing any place in or on which there exists a nuisance as described in this article shall, as soon as its existence comes to his knowledge, proceed at once to abate the nuisance. In the event that any person fails to comply with the provisions of this article, the city manager shall issue written notice as provided by section 8.02.005 to the person responsible for the nuisance, specifying the nature of the nuisance and ordering its abatement within ten days or within such time as may be specified in the order.
(2001 Code, sec. 8.104)
The notice and order shall be in writing and may be served upon the person in noncompliance in any one of the following ways:
(1) 
Personal delivery;
(2) 
Addressed to such person at his post office address and deposited in the United States mail, certified mail, return receipt requested;
(3) 
If personal service cannot be obtained or the owner’s post office address is unknown:
(A) 
By publication in a newspaper of general circulation within the city no less than two times within ten consecutive days;
(B) 
By posting the notice on or near the front door of each building on the property to which the violation relates;
(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.
(2001 Code, sec. 8.105)
(a) 
If the abatement of the nuisance requires the permanent closure of a business, the owner or operator of a business shall have the right to a public hearing before the city council, prior to the order to permanently close the business. In this event, the written notice as provided by section 8.02.005 shall contain the date, time and place of the public hearing. At the public hearing, persons interested in whether the business or activity constitutes a nuisance shall be given an opportunity to be heard.
(b) 
If, at the conclusion of the hearing, the city council determines that the business or activity constitutes a nuisance, the council shall order the abatement of the nuisance. The order shall be sent by certified mail, return receipt requested, to the owner or operator of the business, or the person responsible for the nuisance. The order shall specify the nature of the nuisance, and shall designate a reasonable time within which such abatement shall be accomplished.
(2001 Code, sec. 8.106)
(a) 
If the owner or person responsible for the nuisance does not comply with the directive contained within the order, the city manager or his designee may advise the city attorney to immediately institute proceedings for the abatement thereof.
(b) 
In the alternative, if the owner or occupant does not comply with the order, the city manager may:
(1) 
Order the work done 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.
(2001 Code, sec. 8.107)
In case of any public epidemic or immediate danger, the city manager shall have authority and he is directed to employ any sanitary measure deemed necessary by him for the control of such epidemic and to prevent its spread or to take any other action authorized by law to abate the nuisance.
(2001 Code, sec. 8.108)
(a) 
The city does hereby assess the expenses incurred pursuant to section 8.02.007 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 after the first day of the month following the one in which the work was done, the mayor or his designee shall obtain a lien against the property by filing with the county clerk of the appropriate county a statement of the expenses so incurred.
(c) 
The city manager will conduct an administrative hearing if the property owner submits a written request within ten days of the property owner’s receipt of said notice. The city manager may find, if a preponderance of the evidence presented so shows, that the charges are erroneous.
(d) 
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.
(e) 
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.
(f) 
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. 8.109)
The city manager shall have the right and power to issue a citation to any person who owns or occupies real property upon which a nuisance exists, or who may violate any ordinance or general laws relating to the maintaining of the public health and sanitation throughout the city.
(2001 Code, sec. 8.110)
Whenever necessary to make an inspection to enforce any of the provisions of this article or whenever the city manager has reasonable cause to believe that there exists in any building or upon any premises any condition or violation which makes such building or premises unsafe, dangerous or hazardous, the city manager may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the city manager or his designee by this article. If such building or premises is occupied, he shall first present proper credentials and request entry, and if such building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the city manager shall have recourse to every remedy provided by law to secure entry.
(2001 Code, sec. 8.111)
Any person violating any portion 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. 8.112)