The office of city health officer is hereby created. The office shall be filled by appointment by the city council and the person so appointed shall serve at the pleasure of the city council. The health officer shall perform the duties required by the provisions of this article, state law, and other city ordinances, rules and regulations to keep the city in a clean and sanitary condition.
(Ordinance 40, sec. 1, adopted 10/11/83)
It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent, occupant or anyone having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the city to suffer or permit an accumulation of weeds such as Russian Thistle, tumble weeds, rag weeds, white weeds, carless weeds, or other nuisance weeds. A six feet (6') to nine feet (9') firebreak, with grasses no greater than eight inches (8"), shall be maintained adjacent to all streets and properties adjacent to developed property.
(Ordinance 40, sec. 2, adopted 10/11/83)
It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent, occupant or anyone having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the city to suffer or permit any rubbish, brush, and any other objectionable, unsightly or unsanitary matter of whatever nature to accumulate or be present upon any lot, tract or parcel of land.
(Ordinance 40, sec. 3, adopted 10/11/83)
All construction, including that of the city, that disturbs, damages, or destroys the natural topsoil and vegetation structure of the land surface shall be replaced by either landscaped conditions or natural plantings such as Buffalo grass, evergreens, cacti or other replacements that control proliferation or accumulation of weeds such as Russian Thistle, rag weeds, white weeds, carless weeds, or other such nuisance weeds.
(Ordinance 40, sec. 4, adopted 10/11/83)
(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 city administrator 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.
(Ordinance adopting Code)
(a) 
The city may go upon property and do or cause to be done the work necessary to obtain compliance with this article without notice when:
(1) 
Weeds have grown higher than 48 inches; and
(2) 
Are an immediate danger to the health, life, or safety of any person.
(b) 
No later than the tenth day after the date the city 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 administrator 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 6.03.007.
(g) 
The provisions of this section shall be enforced by the city administrator, 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 city for such purpose.
(3) 
In addition to any other remedies or penalties contained in this section, the city 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 city may, after notice and the expiration of the specified period of time to correct the violation, enter upon the lot, tract, or parcel of land or portion thereof and do such work as necessary or cause the same to be done in order to correct the violation. A statement of the cost incurred by the city shall be mailed to the owner of the premises, which statement shall be paid within thirty (30) days of the date of mailing thereof. In the event that the statement has not been paid within the thirty-day period of time provided, the mayor of the city may file a statement with the county clerk of the expenses incurred to correct the violation on the premises, and the city shall have a privileged lien on any lot, tract, parcel of land or portion thereof upon which such expenses were incurred and this lien shall be second only to tax liens and liens for street improvements, together with ten percent (10%) on the delinquent amount from the date such payment is due. For any such expenditure and interest, as aforesaid, suit may be instituted and recovery 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 performed by the city or at its direction. The doing of such work as is necessary or causing the same to be done in order to correct the violation hereof shall not relieve any person from prosecution for failure to comply with the notice of violation of this article.
(Ordinance 40, sec. 6, adopted 10/11/83)
Any person, firm, corporation, partnership, association of persons, owner, agent, occupant or anyone having supervision or control of any lot, tract, parcel of land or portion thereof failing to comply with this article shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not to exceed the state mandated maximum, and each and every day’s violation hereof shall constitute a separate and distinct offense.
(Ordinance 40, sec. 7, adopted 10/11/83; Ordinance 180, sec. 1, adopted 3/13/02)