For the purpose of this article, the terms used herein shall
be interpreted to read as follows, and any words not herein defined
shall be construed in the context used and by ordinary interpretation
and not as a word of art:
Scrub vegetation or dense undergrowth not cultivated.
The dead and putrefying flesh of any animal, fowl or fish.
The care through weeding, trimming, watering, feeding and
generally shaping a plant for ornamentation or food production.
To dispose, discharge, place, deposit, throw, leave, sweep,
scatter, unload, and toss.
Any matter in a putrescent state.
Any kitchen refuse, foodstuffs or related material, including
all decayable waste.
Any putrescible or nonputrescible condition, object or matter
that tends, may or could cause injury, death or disease to human beings.
All worn-out, worthless or discarded material, including
but not limited to any of the following materials or parts of said
materials or any combination thereof: new or used iron, steel or nonferrous
metallic scrap, brass or waste materials; used and/or inoperative
household appliances, household electrical or plumbing fixtures, floor
coverings and/or window coverings not currently in use; used lumber,
brick, cement block, wire, tubing and pipe, tubs, drums, barrels,
and/or roofing material not currently in use; air-conditioning and
heating equipment not currently in use; tires not currently in use;
used vehicle components and parts not currently in use; used furniture
other than that designed for outdoor use or that which would normally
be considered as antique furniture; used and/or inoperative residential
lawn care equipment and machinery not currently in use; used pallets,
windows or doors not currently in use; new or used sheetmetal, structural
steel and/or chain not currently in use; and any other type of used
and/or inoperable machinery or equipment not currently in use. Appliances,
fixtures, equipment and machinery shall be considered inoperable unless
proven otherwise by their owner.
That of which any physical object is composed.
Any condition, object, material or matter that is dangerous
or detrimental to human life or health, or that renders the ground,
the water, the air or food a hazard or likely to cause injury to human
life or health, or that is offensive to the senses, or that threatens
to become detrimental to the public health, and shall include but
not be limited to any abandoned wells, shafts or basements, abandoned
refrigerators, stagnant or unwholesome water, sinks, privies, filth,
carrion, rubbish, junk, trash, debris or refuse, impure or unwholesome
matter of any kind, and objectionable, unsightly, or unsanitary matter
of whatever nature.
Any matter, condition or object that is objectionable, unsightly
or unsanitary to a person of ordinary sensitivities.
Any person or entity shown as the property owner on the latest
property tax assessment rolls or any person having or claiming to
have any legal or equitable interest in the property, including any
agent who is responsible for managing, leasing or operating the property.
Any individual, firm, partnership, association, business,
corporation or other entity.
The decomposition of organic matter with the formation of
foul-smelling, incompletely oxidized products.
All privately owned occupied or unoccupied property, including
vacant land, and/or a building designed or used for residential, commercial,
business, industrial or religious purposes. The term shall also include
a yard, ground, wall, driveway, fence, porch, steps or other structure
appurtenant to the property.
An accumulation of worn-out, used, broken, rejected or worthless
materials, including but not limited to garbage, rubbish, paper or
litter, and other decayable or nondecayable matter.
Junk, trash, debris, rubble, stone, useless fragments of
building materials, and other miscellaneous, useless waste or rejected
matter.
All manner of refuse, including but not limited to mounds
of dirt, piles of leaves, grass and weed clippings, paper trash, useless
household items, objects that hold water for an extended time, tree
and brush trimmings, and other miscellaneous wastes or rejected matter.
Any grass, weeds, shrubs, trees, brush, bushes or vines.
Any vegetation that because of its height is objectionable,
unsightly or unsanitary, excluding shrubs, bushes and trees, cultivated
flowers, and cultivated crops.
(1978 Code, sec. 11-20)
(a)
It
shall be unlawful for any person owning, claiming, occupying or having
supervision or control of any real property, occupied or unoccupied,
within the city limits to permit weeds, brush, or any objectionable
or unsightly matter to grow to a greater height than twelve (12) inches.
All vegetation, not regularly cultivated, and which exceeds twelve
(12) inches in height, shall be presumed to be objectionable and unsightly
matter.
(b)
With
respect to lots, tracts or parcels of land of five (5) or more acres
and under single ownership, the provisions of this section shall not
apply to any area greater than one hundred (100) feet from any open
public street or thoroughfare, as measured from the right-of-way line
of said street or thoroughfare, and greater than one hundred (100)
feet from any adjacent property under different ownership and on which
any building is located or on which any improvement exists, as measured
from the property line.
(1978 Code, sec. 11-21)
(a)
It shall be the duty of every person owning, claiming, occupying or having supervision or control of any real property, as described herein, to cut and remove all such weeds, brush, vegetative growth, and other objectionable or unsightly matter as often as may be necessary to comply with section 6.03.002.
(b)
It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the city limits, to keep the area adjacent to his or her property line, including the front or side parkway between the property line or sidewalk and the curb and the rear or side parkway between the property line and the alley pavement or traveled way, or, if there is no curb, then within any public easement on or across such real property or upon any adjacent public street or alley right-of-way between the property line of such real property and where the paved surface of the street or alley begins outside such property line, free and clear of the matter referred to in subsection (a) above. Provided, however, that, where the alleyway is not open to traffic, the parkway in such cases shall be deemed to be between the property line and the centerline of the alley.
(c)
It
shall be the duty of any person owning, claiming, occupying or having
supervision or control of any such real property, as described herein,
to maintain all rights-of-way adjacent or next to their real property
in compliance with this section. All vegetative growth not regularly
cultivated and which exceeds twelve (12) inches in height shall be
presumed to be objectionable and unsightly and shall be kept mowed.
Furthermore, regularly cultivated crops growing within the right-of-way
of any public street or easement shall also be kept mowed in compliance
with this section.
(Ordinance 627-10, sec. 2, adopted 8/23/10; 1978 Code, sec. 11-22)
(a)
Prohibited conditions.
It is unlawful and declared a
nuisance for any person owning, claiming, occupying or having supervision
or control of any real property, occupied or unoccupied, within the
city limits or the city’s extraterritorial jurisdiction to permit
or allow any stagnant or unwholesome water, refuse, rubbish, trash,
debris, filth, carrion, weeds, brush, junk, garbage, impure or unwholesome
matter of any kind, or other objectionable or unsightly matter of
whatever kind, to remain upon any such real property or within any
public easement on or across such real property or upon any adjacent
public street or alley right-of-way between the property line of such
real property and where the paved surface of the street or alley begins.
(b)
Duty to keep property and sidewalks clean.
It shall
be the duty of all such persons to keep the sidewalks in front of
their property free and clear of all such matter, and to fill up,
drain or regrade any lots, ground or yards which shall have stagnant
water thereon, and to cleanse and disinfect any house, building, establishment,
lot, yard or ground from refuse, rubbish, trash, filth, carrion, or
objectionable, unsightly or unsanitary matter of any kind, or other
impure or unwholesome matter of any kind.
(c)
Dumping unwholesome or objectionable matter.
It shall
be unlawful and declared a nuisance for any person to dump, or permit
to be dumped, knowingly or intentionally, upon any sidewalk, alley,
street, into or adjacent to water, or any other public or private
property, any unwholesome water, refuse, rubbish, trash, debris, filth,
carrion, weeds, brush, junk, garbage, impure or unwholesome matter
of any kind or other objectionable or unsightly matter of whatever
kind.
(d)
Duty to provide disposal receipt.
At the request of
the code official or his duly appointed representative, any person
violating the terms of this article shall provide an original municipal
landfill or salvage yard receipt, showing the legal disposal of any
trash, debris, or junk which was removed from the property. Said receipt
shall be provided no later than two (2) days after requested by the
code official or his duly appointed representative, or two (2) days
after the required time for compliance as provided for in this article,
whichever is later.
(1978 Code, sec. 11-23; Ordinance 740-14 adopted 8/11/14)
(a)
If
any person owning, claiming, occupying or having supervision or control
of any real property, occupied or unoccupied, within the corporate
limits of the city, fails to comply with the provisions of this article,
it shall be the duty of the building official or his duly appointed
representative to give a minimum of seven days’ written notice
to such person violating the terms of this article.
(b)
The
notice shall be in writing and may be served on such person violating
the terms of this article by:
(1)
Delivering it to him in person;
(2)
Letter or written notice 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 and delivered by United
States Certified Mail, return receipt requested. If the letter or
written notice is returned by the United States Postal Service as
refused or unclaimed, the validity of the notice is not affected,
and the notice is considered as delivered; or
(3)
If personal service cannot be obtained, by:
(A)
Publication at least once in the city’s official newspaper;
(B)
Posting the notice on or near the front door of each building on
the property to which the violation relates; or
(C)
Posting the notice on a placard attached to a stake driven into the
ground on the property to which the violation relates.
(c)
In
a notice provided under this article, the city may inform the owner
by regular mail and by posting on the property, or by personally delivering
the notice, 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
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 section 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 any
action permitted and assess expenses as provided by this article.
(d)
If
the owner of the property fails or refuses to comply with the demand
for compliance contained in the notice, within seven days after the
date of notice as provided in this section, the city may go upon such
property and do or cause to be done the work necessary to obtain compliance
with this section. All costs, charges and expenses (incurred in doing
or in having such work done shall be a charge to and a personal liability
of the owner of the property.
(Ordinance adopting Code)
(a)
If
such person violating the terms of this article fails or refuses to
comply with the demand for compliance contained in the aforementioned
notice within seven (7) days after the date of notification in writing
by personal service or by certified letter or notice or the date of
second publication of notice in the city’s official newspaper,
the city may go upon such property and do or cause to be done the
work necessary to obtain compliance with this article. Any costs,
charges and expenses incurred in doing or in having such work done
shall be a charge to, and a personal liability of, such person.
(b)
If
a notice as provided for herein is delivered to the owner of such
real property, and he or she fails or refuses to comply with such
demand for compliance within the ten-day time period established herein,
the aforementioned charges shall be, in addition to a charge to and
personal liability of said owner, a privileged lien upon and against
such real property, including all fixtures and improvements thereon.
In order to perfect such lien, the building official, or his duly
appointed representative, shall first give such owner written notice
of demand for payment of such charges. Such written notice may be
given by any one (1) of the methods provided for herein for the giving
of the initial notice demanding compliance with the terms of this
article.
(c)
If
such owner fails or refuses to make complete payment of said charges
within twenty (20) days of receipt of said notice, the building official
or his duly appointed representative shall file a written statement
of such charges with the county clerk of the county in which such
real property is located for filing in the real property records.
Said statement shall be deemed sufficient if it contains the following
minimum information; however, it may also contain such other information
deemed appropriate by the building official or his duly appointed
representative:
(1)
The name of the owner of the real property;
(2)
A sufficient description of the real property;
(3)
An itemized statement of the charges incurred by the city in doing
or in having such work done as necessary to bring the real property
into compliance with this article; and
(4)
A notarized affidavit executed by the building official, or his duly
appointed representative, stating that all prerequisites required
by this article for the imposition of the charges and the affixing
of the lien have been met and that all statements and/or representations
made therein are true and correct.
(d)
All
such charges shall bear interest at the rate of ten (10) percent per
annum from the date the owner of the real property receives the aforementioned
notice of demand for payment of such charges. The city may bring suit
to collect the charges, institute foreclosure proceedings, or both.
The written statement of such charges provided for herein, or a certified
copy thereof, shall be prima facie evidence of the city’s claim
for charges or right to foreclose the lien. The owner of the real
property or any other person claiming, occupying or having supervision
or control of the real property shall be jointly and severally liable
for such charges.
(1978 Code, sec. 11-25)
(a)
The
building official, or his duly appointed representative, may go upon
property and do or cause to be done the work necessary to obtain compliance
with this article without notice when:
(b)
No later than the tenth day after the date the town causes the work to be done under this section, the city shall give notice to the property owner in the manner required by section 6.03.005.
(c)
The
notice shall contain:
(1)
An identification, which is not required to be a legal description,
of the property;
(2)
A description of the violations of this section that occurred on
the property;
(3)
A statement that the city abated the weeds;
(4)
An itemized statement of the charges incurred by the city in doing
or in having such work done as necessary to bring the real property
into compliance with this section; and
(5)
An explanation of the property owner’s right to request an
administrative hearing about the city’s abatement of the weeds.
(d)
The
municipal court judge shall conduct an administrative hearing on the
abatement of the weeds 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 manager a written request for a hearing.
(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 as provided in section 6.03.006.
(g)
The
provisions of this section shall be enforced by the building official,
and his duly appointed representatives, and it shall be unlawful for
any person to interfere with or hinder the building official and his
duly appointed representatives in the exercise of their duties under
this section.
(h)
Penalties.
(1)
Any person violating or failing to comply with any provision or requirement
of this section who continues to violate or fails to comply with such
after seven days after notice is given and received as set forth herein,
shall also be deemed guilty of a class C misdemeanor and, upon conviction
thereof, shall be fined. A separate offense shall be deemed committed
upon each day during or on which a violation or failure to comply
occurs or continues to occur.
(2)
Notwithstanding the provisions of subsection (1) of this section, any violation of any provision of this section which constitutes an immediate danger or threat to the health, safety and welfare of the public may be enjoined in a suit brought by the town for such purpose.
(3)
In addition to any other remedies or penalties contained in this
section, the town may enforce the provisions of this section pursuant
to the applicable provisions of chapter 54 of the Texas Local Government
Code, as amended, which chapter provides for the enforcement of municipal
ordinances.
(4)
Allegation and evidence of a culpable mental state is not required
for the proof of an offense defined by this section.
(Ordinance adopting Code)
The provisions of this article shall be enforced by the building
official or his duly appointed representative, and it shall be unlawful
for any person to interfere with or hinder the building official or
his duly appointed representative in the exercise of their duties
under this article. Notwithstanding any provisions contained herein
to the contrary, the building official and his duly appointed representative
are hereby granted the authority to issue immediate citations to persons
violating any provision of this article in their presence.
(1978 Code, sec. 11-26)
(a)
Any person violating or failing to comply with any provisions or requirement of this article who continues to violate or fail to comply with same after seven (7) days after notice is given and received as set forth in section 6.03.005 shall also be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00). A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur.
(b)
Notwithstanding
the foregoing, any violation of any provision of this article which
constitutes an immediate danger or threat to the health, safety, or
welfare of the public may be enjoined in a suit brought by the city
for such purpose.
(c)
In
addition to any other remedies or penalties contained herein, the
city may enforce the provisions of this article pursuant to the applicable
provisions of chapter 65 [chapter 54] of the Texas Local Government
Code, which chapter provides for the enforcement of municipal ordinances.
(d)
Allegation
and evidence of a culpable mental state is not required for the proof
of an offense defined by this article.
(1978 Code, sec. 11-27)
If the public water supply is available within one hundred (100)
feet of the site where any building is to be located or erected, the
owner must connect with the city water system. All inhabited residences
and business must have water service with the city or another authorized
source so as to promote a healthy living environment.
(1978 Code, sec. 11-28)
Every building in existence prior to the construction of a public
sewer adjacent to the lot or parcel of land on which said building
stands shall, upon the completion of construction of such adjacent
public sewer, be connected with said sewer within ninety (90) days
after date of official notice to do so has been given by the city
manager or the building official, provided said public sewer is within
one hundred (100) feet of the property line. Such official notice
shall be in writing and mailed by United States certified mail to
the last known address of the owner of said lot or parcel of land,
or the owner of any building situated thereon for which sewer connection
is required.
(1978 Code, sec. 11-29)
Every building within the municipality shall be separately and
independently connected by a separate house service sewer pipe with
a public sewer where there is such sewer adjoining the lot or parcel
of land on which such building stands.
(1978 Code, sec. 11-30)
It shall be unlawful to construct or maintain anywhere in the
city an outhouse or privy.
(1978 Code, sec. 11-31)
