(a) 
It shall be unlawful for any person who owns, occupies, or is in control of occupied or unoccupied premises in the city to permit weeds, uncultivated grass, or other uncultivated vegetation located on the premises to grow to a height greater than twelve (12) inches.
(b) 
The following shall be exempt from the requirement of subsection (a):
(1) 
Agricultural operations as defined in section 6.01.001;
(2) 
Wildflowers, but only until such time as seeds have matured following the final blooming of the majority of the plants, but not later than July 1st.
(c) 
Persons owning, occupying or in control of occupied or unoccupied premises in the city shall maintain an "obstruction free zone" to maintain safe and unobstructed driving conditions for the traveling public. An "obstruction free zone" is defined as an area from one to five feet in width from the edge of pavement that must be maintained at a height of twelve (12) inches or less for the purpose of maintaining a sight triangle for the traveling public and removing tree and shrub limbs obstructing the right-of-way.
(1) 
The exemptions in subsection (b) from maximum height of twelve (12) inches, does not include the "obstruction free zone."
(2) 
The width of the "obstruction free zone" is based on the topography of the area and safety conditions. The city manager or designee shall determine the width of "obstruction free zones."
(3) 
Trees on private property greater than three inches in diameter (measured at breast height) may be preserved in the "obstruction free zone." However, all trees on private property encroaching into the public right-of-way or easement at a height less than the local tree canopy of fourteen (14) feet shall be presumed to be a safety hazard and require trimming or removal.
(Ordinance 2015-01-00806 adopted 2/5/15; Ordinance 2022-08-00957 adopted 9/1/2022; Ordinance 2023-07-00987 adopted 8/3/2023)
It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property to cut and remove all such grass or weeds as often as may be necessary to comply with section 6.03.001; provided that the removing and cutting of same at least once in every thirty (30) days shall be deemed in compliance with this article.
(Ordinance 2015-01-00806 adopted 2/5/15)
(a) 
In the event that any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the city, fails to comply with the provisions of section 6.03.001, it shall be the duty of the building official to give seven (7) days’ notice to such person violating the terms of this article.
(b) 
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.
(c) 
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.
(d) 
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. 13-10; Ordinance adopting Code)
(a) 
If any person fails or refuses to comply with the provisions of section 6.03.001 after notice as provided in section 6.03.003, then the city may do such work or cause the same to be done in order to bring the property into compliance and may pay the expenses for doing or having the work done on the offending property and cause the expense to be assessed in the form of a lien on the property upon which such expense is incurred.
(b) 
A statement by the mayor or his designated representative of such expenses shall be filed with the county clerk, and upon filing the city will have a privileged lien on the property, second only to tax liens and liens for street improvements, to secure the expenditures so made. The amount of such expenditures shall bear ten percent (10%) per annum interest from the date of payment by the city until paid by the property owner. For any such expenditures and interest, as aforesaid, suit may be instituted and foreclosure had in the name of the city, and the statement so made as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in any such work or improvements.
(1995 Code, sec. 13-11)
Any person firm, partnership, corporation or association violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in the sum of not more than two thousand dollars ($2,000.00) for each offense; and each day such violation continues shall constitute a separate and distinct offense. Upon a first conviction, the fine shall not be less than one hundred dollars ($100.00). The minimum fine established in this section shall be doubled for the second conviction of the same offense within any twenty-four-month period and trebled for the third and subsequent convictions of the same offense within any twenty-four-month period. At no time shall the minimum fine exceed the maximum fine established in this section.
(1995 Code, sec. 13-12; Ordinance 2022-08-00957 adopted 9/1/2022)
(a) 
The city may abate, without notice, weeds that:
(1) 
Have grown higher than 48 inches; and
(2) 
Are an immediate danger to the health, life, or safety of any person.
(b) 
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 manner required by section 6.03.003.
(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 the ordinance that occurred on the property;
(3) 
A statement that the city abated the weeds; and
(4) 
An explanation of the property owner’s right to request an administrative hearing about the city’s abatement of the weeds.
(d) 
The city shall conduct an administrative hearing on the abatement of 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 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 under section 6.03.004. A lien created under this section is subject to the same conditions as a lien created under section 6.03.004.
(g) 
The authority granted the city by this section is in addition to the authority granted by V.T.C.A., Health and Safety Code, section 342.006.
(Ordinance adopting Code)