It shall be unlawful for any person who shall own or occupy
any house, building, establishment, lot or yard in the Town to permit
or allow any downed timber or brush, tin cans, old clothes, sacks,
or any trash or rubbish, carrion, filth or other impure or unwholesome
matter to accumulate or remain thereon.
(1971 Code, sec. 10-19)
It shall be unlawful for any person who shall own or occupy
any lot in the Town to allow weeds, brush or any other unsightly,
objectionable or insanitary matter to accumulate or grow on such lot.
(1971 Code, sec. 10-20)
(a) Whenever
any condition described in this article is found to exist upon any
lot or premises in the Town, the Mayor, the Health Officer or the
Town Administrator shall notify the owner of such lot or premises
to remove or remedy the condition within ten (10) days after the date
of such notice.
(b) Notification
must 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 Town mails a notice to a property owner in accordance with subsection
(b), 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 Town 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
Town 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 Town has not been informed in writing by the owner
of an ownership change, then the Town without notice may take any
action permitted and assess its expenses as provided by this article.
(1971 Code, sec. 10-21; Ordinance
adopting Code)
In the event the owner of any lot or premises fails to remove or remedy any condition described in this article within ten (10) days after notice has been given as provided in section
6.02.004, the Town may do whatever is necessary to remove or remedy the condition, or cause the same to be done, and charge the expenses incurred thereby to the owner of such lot or premises, and such expenses shall be assessed against the real estate upon which the work was done. The doing of such work and the charging and assessing of the expenses thereof against the owner shall not relieve the owner or occupant of any such prosecution for violation of this article.
(1971 Code, sec. 10-22)
The Mayor or Health Officer shall file a statement of expenses incurred under section
6.02.005, giving the amount of such expenses and the date on which the work was done or improvements made, with the County Clerk, and the Town shall have a privileged lien on such lot or real estate upon which the work was done or improvements made to secure the expenditures so made in accordance with V.T.C.A., Health and Safety Code, chapter 342, which lien shall be second only to tax liens and liens for street improvements. The amount of such expenses shall bear ten (10) percent interest from the date such statement is filed. For any such expenditures and interest, suit may be instituted and recovery and foreclosure of such lien may be had in the name of the Town, and the statement of expenses so made, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements.
(1971 Code, sec. 10-23)
The Town may abate, without notice, the nuisance of weeds in
excess of forty-eight (48) inches in height which are an immediate
danger to the health, life or safety of any person.
(Ordinance adopting Code)