The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
Debris.
The scattered remains of any object broken or destroyed, rubble, discarded refuse, litter or wreckage. The term debris also shall include materials used for fill, including but not limited to dirt, sand, silt, concrete, wood, piping, metal or plastic objects, logs, limbs and branches and/or other objects that may impede the free flow of water runoff through a ditch or culvert.
Owner or occupant.
Any person, firm, corporation, partnership, association of persons, or any agent thereof, who owns or occupies property in the corporate limits of the Town of Copper Canyon, Texas.
Property.
Any lot, tract, parcel of land or a portion thereof, occupied or unoccupied, improved or unimproved, public or private within the corporate limits of the Tow n of Copper Canyon, Texas.
Town.
The Town of Copper Canyon, Texas.
(Ordinance 09-275 adopted 6/8/09)
No owner or occupant of property within the corporate limits of the town shall allow, permit or suffer the collection or accumulation of any trash or other debris in any culvert or ditch on any property owned or occupied by said owner or occupant, or adjacent to any property owned or occupied by said owner or occupant, including all areas between any property line and curbline or edge of pavement of a public street or roadway, to the extent that the collection or accumulation of trash or debris in any way inhibits or otherwise prevents the free flow of water runoff through the ditch or culvert.
(Ordinance 09-275 adopted 6/8/09)
It shall be the duty of any owner or occupant of property within the corporate limits of the town to remove or cause to be removed any and all trash or debris that in any way inhibits or otherwise prevents the free flow of water runoff through the ditch or culvert.
(Ordinance 09-275 adopted 6/8/09)
Whenever the town finds evidence of a violation of this article, the town shall give written notice of the violation to an owner or occupant of the property. Such notice shall specify the conditions to be abated, the remedial action to be taken, which may include installation of a culvert of appropriate size, as determined by the town, adequate to handle the free flow of water runoff, and direct that the owner or occupant take action within thirty (30) calendar days after service of such notice to remove or cause to be removed any and all trash and debris.
(Ordinance 09-280 adopted 12/14/09)
Such written notice referenced in this article shall also direct that the owner or occupant remove any and all trash and debris within thirty (30) calendar days after service of such notice. Notice may be given in person or by United States regular mail.
(Ordinance 09-280 adopted 12/14/09)
Failure to abate the conditions specified in the notice within thirty (30) calendar days after service of such notice shall constitute an unlawful act and a violation of the provisions of this article, for which a citation may issue.
(Ordinance 09-280 adopted 12/14/09)
If, upon the exercise of due diligence, the town is unable to reasonably locate or notify any owner or occupant of the property, or if, upon notification, such owner or occupant is unable, unwilling, or fails to remedy the conditions specified in the notice, within the time frame specified above, the town may proceed to remove any and all trash and debris.
(Ordinance 09-275 adopted 6/8/09)
In the event the town goes upon or is required to go upon the property to undertake abatement as referenced in this article or has caused the same to be done and has paid therefor, the town may cause the expense thereof to be assessed on the property, 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 09-275 adopted 6/8/09)
(a) 
Any person violating or failing to comply with any provision or requirement of this article shall be deemed guilty of a class C misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed five hundred dollars ($500.00). Each occurrence of a violation of this article is a separate offense.
(b) 
A violation of this article is a nuisance.
(Ordinance 09-275 adopted 6/8/09)
In addition to and cumulative of all other penalties, the town shall have the right to seek injunctive relief for any and all violations of this article.
(Ordinance 09-275 adopted 6/8/09)