It shall be unlawful and an offense for any owner or occupant to fail or refuse to keep any lot or lots within the town free from weeds, rubbish, brush, and any other objectionable, unsightly, or unsanitary matter of whatever nature. In this regard, it shall be unlawful for the owner or occupant of such lot to allow or permit weeds or grass in excess of eight (8) inches in height to grow thereon, and the existence of any weeds or grass in excess of eight (8) inches in height on said lot shall be prima facie evidence that such weeds and grass are objectionable, unsightly, or unsanitary, and must be removed as required hereby.
(2001 Code, sec. 5.201)
(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 town, fails to comply with the provisions of this article, it shall be the duty of the town administrator or his duly appointed representative 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 town’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 town 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 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 section 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 expenses as provided by this article.
(d) 
If the owner of the property fails or refuses to comply with the demand for compliance contained in the notice, within seven days after the date of notice as provided in this section, the town may go upon such property and do or cause to be done the work necessary to obtain compliance with this section. All costs, charges and expenses (incurred in doing or in having such work done shall be a charge to and a personal liability of the owner of the property.
(Ordinance 08-262, sec. 2, adopted 11/10/08)
In the event the town has been required to go upon the premises to do the work described above or has caused the same to be done and has paid therefor, the town may cause the expense thereof to be assessed on the real estate or lot or lots upon which such expense is incurred, by filing with the county clerk a statement by the mayor of such expenses, which may include an administrative fee of twenty percent (20%) of such expenses, and, upon filing, the town shall have a privileged lien on said real estate, lot or lots, second only to tax liens and liens for street improvements, to secure the expenditure so made, and ten percent (10%) interest on the amount thereof from the date of such payment until recovered by the town. For any such expenditures and interest, suit may be instituted and foreclosure had in the name of the town, and a 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.
(Ordinance 2007-238, sec. 2, adopted 8/2007)
(a) 
The town administrator, or his duly appointed representative, may go upon property and do or cause to be done the work necessary to obtain compliance with section 6.02.002 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 town causes the work to be done under this section, the town shall give notice to the property owner in the manner required by section 6.02.002.
(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 town abated the weeds;
(4) 
An itemized statement of the charges incurred by the town 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 town’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 town 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 town’s abatement of the weeds.
(f) 
The town may assess expenses and create liens under this section as it assesses expenses and creates liens as provided in section 6.02.003.
(g) 
The provisions of this section shall be enforced by the town administrator, and his duly appointed representatives, and it shall be unlawful for any person to interfere with or hinder the town administrator and his duly appointed representatives in the exercise of their duties under this section. Notwithstanding any provisions contained in this section to the contrary, the town administrator and his duly appointed representatives are hereby granted the authority to issue immediate citations to persons violating any provision of this section in their presence.
(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 town for such purpose.
(3) 
In addition to any other remedies or penalties contained in this section, the town 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 08-262, sec. 3, adopted 11/10/08)