Brush.
Scrub vegetation or dense undergrowth.
Objectionable or unsightly matter.
Any matter, condition, or object which would be objectionable or unsightly to a person of ordinary sensitivities.
Parkway.
That area between the edge of a street or roadway and the adjacent owner's property line.
Weeds.
Uncultivated vegetation, including but not limited to grasses, of a height in excess of twelve (12) inches.
(Ordinance 433-07 adopted 8/21/07; 2004 Code, sec. 6.101; Ordinance 682-20 adopted 2/18/20)
(a) 
Grass, weeds or brush.
It is an offense for any person owning, leasing, claiming, occupying, or having supervision or control of any real property within the town, to suffer, permit, or allow uncultivated grass, weeds, or brush, to grow to a height greater than twelve inches (12") on average upon such premises, including along the sidewalk or street adjacent to the premises between the property line and the curb or, if there is no curb, between the property line and the driving surface.
(b) 
Dead or damaged trees.
It is an offense for any person owning, leasing, claiming, occupying, or having supervision or control of any real property within the town, to allow or permit the existence of any type of tree on such lot when such tree is dead or damaged and such condition poses a serious threat to property or life on such adjacent lot or an adjacent public right-of-way, and such condition is hereby declared to be a nuisance in the town.
(Ordinance 433-07 adopted 8/21/07; 2004 Code, sec. 6.102; Ordinance 682-20 adopted 2/18/20)
(a) 
It shall be the primary duty of any person owning, leasing, claiming, occupying, or having supervision or control of any real property within the town to cut and remove all weeds, grass or brush as often as may be necessary to comply with the provisions of this code. In any prosecution for a violation of this article, it shall not be a defense that the occupant or tenant of the property was responsible for maintaining the property under this article.
(b) 
It shall be unlawful for any person owning, leasing, claiming, occupying, or having supervision or control of any real property within the town, to leave any unsightly piles or windrows of debris or weeds, grass or brush which could serve as a habitat for rodents or other vectors of disease on such premises after such weeds, grass or brush have been cut, and it shall be the duty of such owner, tenant or agent to remove such weeds, grass or brush and to ensure that same is cut from the premises to prevent unsanitary conditions from occurring on such premises.
(c) 
Any grass, weeds or brush that is cut shall be removed from the premises promptly and be disposed of in an appropriate manner.
(d) 
A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the town and fails to maintain the parkway adjacent to the property free of weeds, grass or uncultivated plants that exceed twelve inches (12") in height or if weeds, grass or uncultivated plants in excess of twelve inches (12") are allowed to remain on such premises after they have been cut.
(Ordinance 433-07 adopted 8/21/07; 2004 Code, sec. 6.103; Ordinance 682-20 adopted 2/18/20)
Whenever, in the opinion of the town inspector, peace officer or fire chief, any condition which constitutes a violation of section 6.04.002 or 6.04.003 exists on any parcel or property in the town and such condition causes an immediate threat to the physical well-being of any person or adjacent property, in addition to constituting a public nuisance, the town inspector, officer or fire chief is hereby authorized to abate such nuisance utilizing town personnel or private contractors. The cost of abating such nuisance (including but not limited to labor, equipment, disposal, mileage, etc.) shall be charged against the property owner, owner’s representative or other person responsible. The town shall have the right to file a lien for such charges upon following the procedures for town abatement and charging of such costs as provided for after notification as set out in section 6.04.005, if such procedures are possible considering the immediate threat to life or property of the nuisance to be abated.
(Ordinance 433-07 adopted 8/21/07; 2004 Code, sec. 6.104)
(a) 
(1) 
Wherever the existence of any nuisance defined in this article, on any lot or parcel of real estate situated within the town, shall come to the knowledge of the town inspector, peace officer or fire chief, it shall be his/her duty to forthwith cause a written notice identifying such nuisance to be issued to the person owning such parcel of real estate. For the purpose of complying with this section, it shall be sufficient if the town inspector, peace officer or fire chief places in the United States mail a registered card or letter addressed to the owner at his/her last known address. The town inspector, peace officer or fire chief may rely on the real property ownership records of the county appraisal district in determining the ownership of any property on which a violation exists for the purpose of enforcement and notice. Such notice shall be addressed to such person at his/her post office address or may be served in person.
(2) 
If such registered card or letter is returned unclaimed, or if personal service has not been had or if the owner’s address is not known, the notice shall be published two times within ten consecutive days in any newspaper of general circulation in the area or by posting the notice on or near the front door of each primary structure on the property to which the violation relates, or 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 property contains no building.
(3) 
Such notice should require the abatement of such nuisance by mowing and removing such weeds or brush, or other objectionable, unsightly matter, as the case may be, within ten (10) days from the date of service of such notice. Such notice shall further state that, in default of the performance of the above condition, the town may, at once, cause such abatement to be done or improvements made, and if such work or improvements are done at the expense of the town, then such expense shall be assessed as a lien on such real estate upon which such expense was incurred. Failure to comply with such notice by any owner shall render such person guilty of a misdemeanor.
(b) 
The aforementioned notice may be sent by certified mail, in which case such notice shall inform the owner that if the owner commits another violation of the same kind or nature as provided herein, which violation occurs on or before the first anniversary day from the date of such notice, the town may, without further notice, correct the violation at the owner’s expense and assess the expense against the owner.
(Ordinance 433-07 adopted 8/21/07; 2004 Code, sec. 6.105)
The town shall be held harmless from any and all liability from any claims resulting from the abatement of [or] the failure to abate a nuisance on any property, including, but not limited to, destruction of shrubs, flowers, brush and small trees of any nature. The town has no duty nor does this article impose any duty on the town inspector or any other employee to abate any nuisance existing on any private property. The provisions of this article neither change nor modify the responsibility of the owner or occupant of any premises in the town to keep the premises in a reasonable, safe condition so as not to cause injury to any third party either on the property or adjacent to the property as provided for in the tort laws of the state. The adoption of this article does not, in any manner, change the responsibility under the tort or statutory laws of the state. A decision of the town to abate a nuisance is solely discretionary and any decision to abate a nuisance or not abate a nuisance shall not create any liability on the town in any manner to any party.
(Ordinance 433-07 adopted 8/21/07; 2004 Code, sec. 6.106)
Whenever any work is done or improvements made by the town under the provisions of this article, the town shall notify the property owner of the work done and the cost thereof, such notice to be in writing to the last known post office address of the owner. Such costs shall be certified by the town administrator and an invoice shall be prepared in the amount of the total costs of removing such weeds, grass, brush or other matter. The account shall become due and payable within fifteen (15) calendar days after notice is given.
(Ordinance 433-07 adopted 8/21/07; 2004 Code, sec. 6.107)
(a) 
Any owner, whether a natural person or a corporation, or any agent, representative or employee of such owner, including any person having ownership of any premises or lot or parcel of real estate or any part thereof, or any interest therein or improvements thereon, situated with the limits of the town, on which there exists any nuisance as defined in this article, who shall allow or permit any such nuisance to be created or to remain and continue if created and established or who shall fail to prevent such nuisance, within ten (10) days from the date of service of notice thereof as provided for in this article, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not exceeding two thousand dollars ($2,000.00), and each day during which such failure, refusal or neglect shall continue to exist shall constitute a separate offense.
(b) 
Any owner, or agent of any owner, violating any terms of this article shall be subject to a fine as provided in subsection (a). Each and every day the premises remains in violation of the terms of this article shall constitute a different and separate offense. If the owner of any lot, lots or premises under the provisions of this article shall be a corporation and shall violate any of the provisions of this article, the president, vice-president, secretary or treasurer of such corporation or any manager, agent or employee of such corporation shall be also liable for the penalties provided for a violation of this article.
(Ordinance 433-07 adopted 8/21/07; 2004 Code, sec. 6.108)
The town may file suit to enjoin and abate the nuisances as described in this article, and may request a temporary injunction to include reasonable requirements to prevent the use or maintenance of the place as a nuisance and require that the defendant execute a bond in an amount not less than $5,000.00 or more than $10,000.00 conditioned that the defendant will not knowingly maintain a common nuisance to exist on the property. The town may include in said request for a temporary injunction the disconnection of utility services to the property at which the nuisance exists as allowed by section 125.002(f)(2)(b) of the Civil Practice and Remedies Code.
(Ordinance 433-07 adopted 8/21/07; 2004 Code, sec. 6.109)
(a) 
Whenever the town shall have performed the work and paid all necessary expenses in connection therewith as provided in this article and the town shall have charges accrued against such property for a period of thirty (30) days or more from the first billing, the town administrator, or his/her duly authorized agent, shall immediately prepare and file for record in the office of the county clerk an itemized statement of all the work performed and all costs and expenses incurred and paid by the town in connection therewith in the form of an affidavit duly sworn to, which affidavit or duly certified copy thereof, after having been recorded, shall be prima facie proof of the work done and performed and the amounts paid therefor. Such affidavit, among other things and provisions, shall contain the following:
(1) 
Name and address of the owner, occupant or agent of the owner of the property, if known, and, if unknown, recite the fact.
(2) 
Description of the property sufficient to identify the property, and, where property has been subdivided, a description by lot and block number of any particular subdivision shall be sufficient.
(3) 
Statement of the particular violation of this article.
(4) 
Statement including the date that notice of violation was mailed or published to the owner as to failure to comply therewith.
(5) 
Itemized statement of the work done and date such work was performed, together with costs thereof opposite each item.
(6) 
Statement of payments made by the town, the date of such payment, and to whom made if contracted out to a private commercial enterprise.
(7) 
Statement that such affidavit is made for the purpose of fixing a lien upon the property therein described, in accordance with provisions of V.T.C.A., Health and Safety Code 342.001 et seq., with up to the maximum percent interest allowed by law on the aggregate amount to be paid to the town.
(b) 
The town council hereby finds and declares that the general legal work by the town in conjunction with the filing of the lien and other associated necessary incidents of filing requires a minimum charge for each lien that is assessed per lot, tract or parcel of real estate. The minimum charge for such shall be as set in the fee schedule.
(c) 
The town administrator, or his/her designated authorized agent, is hereby authorized to execute any lien to be filed with the county clerk for the imposition of the lien on the property for which a nuisance was abated and the costs assessed by the town as provided for in this section.
(Ordinance 433-07 adopted 8/21/07; 2004 Code, sec. 6.110)
Upon the filing of the statements and affidavits provided for, the town shall have a lien for the repayment of the aggregate amount so expended and paid as therein set forth, with up to the maximum percent interest allowed by law thereon from the date of payment or incurrence of cost thereof by the town, upon the property described in such affidavit, and which lien shall have precedence over all other liens and encumbrances except tax liens for street improvements; and for any such expenditures and interest aforesaid, suit may be instituted, and recovery had, and such lien foreclosed by the town in the manner provided by law.
(Ordinance 433-07 adopted 8/21/07; 2004 Code, sec. 6.111)
The town administrator or his/her designated authorized agent is hereby authorized to execute release of liens on behalf of the town of all liens created under the provisions of this article. The town administrator or his/her designated authorized agent shall have no right to execute such releases until he/she has satisfied himself that the debt or portion thereof secured by the lien and for which a release is requested has been paid in full to the town, and such lien shall be released only insofar as it affects the property for which the debt secured thereby has been paid in full.
(Ordinance 433-07 adopted 8/21/07; 2004 Code, sec. 6.112)