The following definitions shall apply to this article:
Authorized Waster Container.
Shall include metal, wooden or rigidly constructed plastic containers having lids or other covers, in which waste material can be temporarily stored, and of a construction that the waste material cannot escape, spill, or blow out. The dumpsters placed through out the city for pick-up by city trucks or crews shall be considered to be authorized waste containers.
Person.
Shall include all natural persons, partnerships, corporations and non-profit corporations and unincorporated associations but shall not include the City of Sundown.
Property.
As used herein shall be deemed to include any real estate whether described by lots, blocks, or metes and bounds, together with any improvements situated thereon, and shall also include:
(1) 
the area between the front and, in the case of corner lots, the side, property lines and the adjoining street or streets and
(2) 
the area between the back property line and the centerline of the adjoining alley.
Waste Material.
Shall include all worn-out, worthless and discarded material including odds and ends, and old iron or other metal; and all garbage, rubbish, paper and other decayable and non-decayable waste including vegetable matter and animal and fish carcasses, all of which from public or private establishments or residences. The term “waste material” shall not include sewage when disposed of through the city’s sewage system.
Weeds.
Shall include all types of vegetation growing or accumulating on any property, whether alive or dead, other than maintained lawns, shrubbery and decorative plants, and gardens and crops under cultivation.
(Ordinance 378 adopted 5/9/00)
(a) 
It shall be unlawful for any person to dispose of waste material or weeds on a public road, highway or street, on any right-of-way, or on any other public or private property.
(b) 
It shall be unlawful for any person owning, occupying, leasing or having any right of control over any property to allow waste material or weeds, to accumulate, grow, or remain thereon.
(c) 
It shall be unlawful for any person who shall own or occupy any property in the city to permit or allow the accumulation of stagnant water thereon or to permit same to remain.
(Ordinance 378 adopted 5/9/00)
It shall be a defense to prosecution under this article if:
(1) 
Disposal of waste material is in an authorized waste container, except that if the authorized waste container is one other than a dumpster picked up by the city’s trucks or crews, and the contents are not deposited in a city dumpster or taken to the city’s landfill within one week, the exception shall not apply.
(2) 
Waste material of a type normally stored or accumulated in “junk yards” or salvage yards or operations may be stored or accumulated on such premises if such premises are maintained in properly maintained locations, and in accordance with other laws, regulations or ordinances of the State of Texas or this city. Garbage, rubbish, paper, vegetable, animal or fish carcasses or material, and any other decayable or odor-emitting waste material, or weeds shall not be subject to this exception.
(Ordinance 378 adopted 5/9/00)
(a) 
Any person who shall violate any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction be subject to a fine in accordance with the general penalty provision found in Section 1.109 of this code. Each day of the offense shall be deemed to be a separate offense. In case the owner or occupant of any property or premises under the provision of this article shall be a corporation, the president, vice-president, secretary and treasurer of such corporation, and any manager, agent or employee of such corporation shall be also severally liable for any penalty.
(b) 
(1) 
In addition to, and independently of, the provisions of subsection (a), above, should any person violate any provision of Section 6.202 and fails or refuses to remedy such violation within ten (10) days after being given notice by the city to do so, then the city may do the work reasonably necessary to cure the violation and pay for the work done, and charge the costs, fees and expenses thereof to the owner, occupant, lessee, and/or person exercising any right of control over the property.
(2) 
The costs, fees and expenses shall include:
(A) 
any cost paid by the city to any person with whom it contracts, plus
(B) 
the city’s personnel costs for any employee of the city performing the necessary work, plus
(C) 
an administrative fee as set by the city administrator or his designee, not to exceed $120.00.
(3) 
The notice hereinabove referred to must be given either personally in writing or by letter addressed to the post office address. If neither means giving notice can be reasonably accomplished, then the notice may be by either:
(A) 
publication at least twice within ten (10) consecutive days or
(B) 
by posting the notice on or near the front door of each building on the property, or
(C) 
by posting the notice on a placard attached to a stake driven into the ground on the property if there are no buildings.
(c) 
(1) 
The city shall be entitled to assess its costs, fees, and expenses incurred against the property. To obtain a lien against the property, the mayor or his designee shall file a statement of expenses, fees and costs in the office of the County Clerk of Hockley County. This lien is, and shall be, security for the expenditures made and costs and expenses incurred and shall accrue interest at ten percent (10%) on the amount due from the date such costs, fees or expenses are paid.
(2) 
This lien is inferior only to (1) tax liens and (2) liens for street improvements. The statement filed is a prima facia proof of the amount of the city’s costs, fees and expenses.
(3) 
The city may bring a suit for foreclosure of its lien and recovery of its expenditures and interest due.
(d) 
(1) 
If any person commits another violation of the same kind or nature as described in the notice provided for in subsection (b), above that poses a danger to the public health and safety, and such violation occurs before the first anniversary of the notice given pursuant to subsection (b), and the city has not been informed in writing of any change in ownership, occupancy or right of control of the property, then the city may take any or all of the actions provided for in this section without any other or further notice.
(2) 
The notice provided for in subsection (b) shall include notification of the effect of this subsection.
(e) 
Prosecution of any person for an offense under this article shall not preclude or prevent action against that person under any other law, regulation or article of the State of Texas, the city of Sundown, or of the United States, or the maintenance by any aggrieved person of any action at law or in equity. The criminal and civil penalties and remedies herein contained may be prosecuted concurrently or consecutively.
(Ordinance 378 adopted 5/9/00)
(a) 
The city shall have the right, without prior notice, to abate weeds that have grown higher than forty-eight (48) inches and are an immediate danger to the health, life, or safety of any person to the public.
(b) 
Not later than the tenth (10th) day after the date that the city takes action under subsection (a), the city shall give notice to the property owner, occupant, or person exercising control thereof, which notice shall be given in the manner provided for notices under Section 6.204(b)(3) and shall:
(1) 
reasonably identify the property,
(2) 
describe the violation that occurred,
(3) 
state that the city abated the weeds, and
(4) 
inform that such person may request an administrative herein concerning the city’s abatement of the weeds.
(c) 
Such administrative hearing must be requested, in writing, within thirty (30) days after the city’s abatement of the weeds. The hearing, if a timely written request is filed, shall be held to later than the twentieth (20th) day after the request is filed. The hearing shall be held before the municipal court, without a jury, at which hearing oral testimony and written information may be considered, without a jury, without formal application of rules of evidence or procedure.
(d) 
The city shall have the same rights and remedies for collection of its costs, fees and expenses as are set forth in Section 6.204.
(Ordinance 363 adopted 10/13/98)