The following terms, as herein defined, shall control in the consideration and enforcement of this article:
Approved.
Approved by the code official.
Code official.
The official and their designee(s) who are charged with the administration and enforcement of this article, or any other person authorized by the city manager.
Easement.
That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or lots.
Garbage.
All decayable wastes, including vegetable, animal and fish offal and carcasses of such animals and fish.
Junk.
All worn-out, worthless and discarded materials, in general, including but not limited to odds and ends, old iron or other metal, glass, paper, cordage or other waste or discarded materials.
Occupancy.
The purpose for which a building or portion thereof is utilized or occupied.
Operator.
Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
Owner.
Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
Public way.
Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
Premises.
A lot, plot or parcel of land, easement or public way, including any structures thereon.
Refuse.
Garbage, rubbish, and other decayable and nondecayable waste, whether solids or liquids, including vegetable, animal and fish carcasses.
Rubbish.
All nondecayable wastes, except ashes, from all public and private establishments and from all residences.
Street or highway.
The entire width between property lines of any road, street, way, thoroughfare, bridge, or public park in the city not privately owned or controlled.
(1995 Code, sec. 13-3; Ordinance 2015-01-00806 adopted 2/5/15)
(a) 
It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property in the city, including any adjacent and contiguous rights-of-way or easements, to permit, allow, or dump any objectionable, unsightly, or unsanitary refuse, garbage, rubbish or junk, as defined herein, on any real property in the city, including any contiguous right-of-way or easement, or to permit or allow the accumulation of any objectionable, unsanitary, hazardous or unsightly refuse, garbage, rubbish or junk, as defined herein, on any real property in the city, including any adjacent and contiguous rights-of-way or easements. The unlawful acts described in this section are declared by the city to be a nuisance per se unless such refuse, garbage, rubbish or junk is deposited in a properly maintained landfill.
(b) 
No person, corporation or political subdivision shall transport junk, refuse or garbage in any manner over and upon any street or highway in such a manner that it is strewn upon and along such street or highway.
(c) 
It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property in the city, including any adjacent and contiguous rights-of-way or easements, to permit or allow the grade of the premises to promote erosion of soil or, except for approved retention areas and reservoirs, to allow the accumulation of stagnant water thereon in such a condition that harbors mosquitoes or mosquito larva, or to accumulate within any structure located thereon or on any real property in the city, including any adjacent and contiguous rights-of-way or easements.
(d) 
It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property in the city, including any adjacent and contiguous rights-of-way or easements, to permit or allow a ditch, watercourse, culvert, or other earthen structure, to obstruct, contribute to obstructions, through either direct action or failure to maintain and prevent flooding, or the accumulation or ponding of standing, stagnant, or non-maintained water thereon.
(e) 
The unlawful acts described in this section are declared by the city to be a nuisance per se unless such refuse, garbage, rubbish or junk is deposited in a properly maintained landfill, or in the case of drainage issues, unless the premises is graded and maintained to prevent soil erosion and accumulation of stagnant water.
(f) 
It shall be unlawful for the owner or occupant of property to fail to maintain any pool or spa on premises without sufficient clarity to permit a distinct view of the main drain from outside the pool and/or spa.
(g) 
Water maintained in artificial ponds shall be maintained in such a condition that they are not harboring mosquitoes or mosquito larva.
(Ordinance 2015-01-00806 adopted 2/5/15; Ordinance 2020-06-00915 adopted 6/4/20)
(a) 
In the event that any person owning, claiming, occupying, or having supervision or control of any lot, tract, or parcel of land or portion thereof shall fail to comply with section 6.02.002, then said person may be charged with violation of this article and/or be given notice to comply with the same. 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; or
(3) 
If personal service cannot be obtained:
(A) 
By publication at least 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.
If the city mails a notice to a property owner in accordance with subsection (a), 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 as delivered.
(b) 
If, after the expiration of ten (10) days after notification, there has remained the nuisance prohibited in section 6.02.002 of this code, the city may do or cause to be done the work necessary to obtain compliance with this section, including but not limited to the removal of dumped, abandoned or discarded refuse, garbage, rubbish, or junk. Draining, filling or re-grading any lots, cleaning/repairing/replacing driveway culverts, ground, or yards which have standing or stagnant water thereon. The expense incurred in correcting the condition of such property, including a one hundred dollar ($100.00) administration fee, shall be charged to the owner of such property, and the city may cause the expense thereof to be assessed on the real estate or lot or lots upon which such expense is incurred. On filing with the county clerk a statement by the official designated by the Mayor of the expense incurred in correcting the condition on the property, the city shall have a privileged lien on such property, second only to tax liens for street improvements, to secure the payment of the amount so expended. Such amount shall bear interest at the rate of ten percent (10%) from the date the city incurs the expense. For any such expenditures and interest, suit may be instituted, and recovery and foreclosure had by the city. The statement of expense filed with the county clerk or a certified copy thereof shall be prima facie proof of the amount expended as specified in chapter 342 of the Health and Safety Code, or as subsequently amended or codified, which is hereby adopted by reference.
(c) 
In a notice provided under this section, the city may inform the owner by regular mail and a 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 subsection 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 its expenses as provided by V.T.C.A., Health and Safety Code, section 342.007.
(1995 Code, sec. 13-5; Ordinance adopting Code; Ordinance 2020-06-00915 adopted 6/4/20)