(a) 
Definitions.
Carrion.
The dead and putrefying flesh or carcass of any animal, fowl, or fish.
City.
The City of Murphy, Texas.
Contractor.
An individual, firm, partnership, association, business, corporation, or other entity that has a contract with, is employed by, or serves as the agent or representative of an owner, as defined herein, and who is providing services to the owner, including without limitation, yard maintenance, landscaping or other home improvement or maintenance services, whether the property is occupied or unoccupied. This term includes the authorized agents, employees or representatives of the contractor.
Day.
One (1) calendar day.
Debris.
Dirt, concrete, rocks, bricks, or other waste building materials.
Filth.
Offensive or disgusting dirt or refuse; foul matter or condition.
Garbage.
Household waste, animal, or vegetable matter, ashes, or any other material which is damp or capable of emitting noxious odors.
Graffiti.
Writing(s), drawings, or other markings scribbled, scratched, drawn, sprayed, or otherwise placed upon a building, fence, or other structure upon property without the authorization or consent of the owner of property.
Impure or unwholesome.
A putrescible condition, object, or matter which causes, tends to cause or is capable of causing or producing foul odors, injury, death, or disease to human beings.
Junk.
Worn out, worthless, or discarded material, including but not limited to odds and ends, household goods, old iron or other metals, glass, and cordage.
Owner.
An individual, firm, partnership, association, business, corporation, or other entity that has legal or equitable title to real property (defined herein), or who is a tenant or resident in charge of or in control of a property, whether such property is occupied or unoccupied. This term includes the authorized agents, employees, or representatives of the owner.
Property.
A tract of land, including any buildings thereon, grounds, or other appurtenances located within the city.
Property maintenance code.
The version of the International Property Maintenance Code and local amendments thereto, as adopted by the City of Murphy, Texas.
Rubbish.
All residentially generated waste, including without limitation, wood, wood products, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, white goods, pulp, and other products such as are used for packaging or wrapping, crockery, glass, cinders, floor sweepings, mineral or metallic substances and any and all other waste materials.
Stagnant water.
Water that is not flowing or running and/or is stale or foul.
Yard waste.
Leaves, grass clippings, yard, and garden debris, and brush, including without limitation that which results from landscaping maintenance and land clearing operations.
(b) 
Responsibility.
An owner and/or contractor shall not intentionally, knowingly, recklessly, or with criminal negligence maintain a property in a condition that is not safe or sanitary in accordance with the standards set forth in this section, or that otherwise violates the property maintenance code and/or other ordinances of the city.
(c) 
Accumulation of matter.
An owner and/or contractor shall not intentionally, knowingly, recklessly, or with criminal negligence cause or allow any one or more of the following to accumulate on his/her property, including without limitation, accumulation in the area from any property line of his/her property to the adjacent curbline or right-of-way:
(1) 
Weeds or grass more than ten (10) inches tall;
(2) 
Garbage, rubbish, junk, yard waste, and other matter which is objectionable, unsightly, or unsanitary to a person of ordinary sensibilities; or
(3) 
Filth, carrion, or other impure or unwholesome matter.
(d) 
Discarding yard waste.
An owner and/or contractor shall not intentionally, knowingly, recklessly, or with criminal negligence discard yard waste by blowing, sweeping, depositing, or otherwise causing yard waste to be deposited into a right-of-way, street, or gutter in the city.
(e) 
Stagnant water.
An owner and/or contractor shall not intentionally, knowingly, recklessly, or with criminal negligence create a condition that causes or allows stagnant water to accumulate or remain upon property. Where such condition exists, an owner and/or contractor shall drain, fill, or re-grade the property to remedy a violation of this subsection.
(f) 
Graffiti.
An owner shall not intentionally, knowingly, recklessly, or with criminal negligence cause or allow graffiti and/or other defacing markings of any kind to remain on any building, fence, or other structure located upon such person’s property.
(g) 
Penalty.
Any person, firm or corporation intentionally, knowingly, recklessly, or with criminal negligence violating any term or provision of this section shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a penalty of fine not to exceed the amount of two thousand dollars ($2,000.00) for each offense under section 1.01.009 of this code. Every day a violation continues shall constitute a separate offense.
(2006 Code, sec. 30-101; Ordinance 05-08-667, sec. 2 (95.01), adopted 8/15/05; Ordinance 17-11-1069, sec. 4, adopted 11/21/17; Ordinance 19-10-1144 adopted 10/15/19)
(a) 
The city manager, or his duly appointed representative, may go upon property and do or cause to be done the work necessary to obtain compliance with section 10.04.001 without notice when weeds:
(1) 
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 city causes the work to be done under this section, the city shall give notice to the property owner in the manner required by section 10.04.004.
(c) 
The notice referred to in subsection (b) of this section shall contain:
(1) 
An identification of the property, which is not required to be a legal description of the property;
(2) 
A description of the violations of this article that occurred on the property;
(3) 
A statement that the city abated the weeds;
(4) 
An itemized statement of the charges incurred by the city in doing or in having such work done as necessary to bring the real property into compliance with section 10.04.001; and
(5) 
An explanation of the property owner’s right to request an administrative hearing about the city’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 city 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 city’s abatement of the weeds.
(f) 
The city may assess expenses and create liens under this section as it assesses expenses and creates liens as provided in section 10.04.005.
(2006 Code, sec. 30-102; Ordinance 05-08-667, sec. 2 (95.02), adopted 8/15/05)
If an owner, occupant, or other person in control of real property, occupied or unoccupied, within the corporate limits of the city, fails to comply with the provisions of this article, it shall be the duty of the city manager or his duly appointed representative to give a minimum of seven days’ written notice to such person violating the terms of this article.
(2006 Code, sec. 30-103; Ordinance 05-08-667, sec. 2 (95.03), adopted 8/15/05)
(a) 
If the owner of property fails or refuses to comply with the requirements under this article within seven days of notice of a violation, the city may:
(1) 
Issue a citation;
(2) 
Do the work or make the improvements required; and
(3) 
Pay for the work done or improvements made and charge the expenses to the owner of the property.
(b) 
The notice referred to in subsection (a) of this section 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 county appraisal district records; 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 city mails a notice to a property owner in accordance with subsection (b) of this section, 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 city 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 municipality 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 city has not been informed in writing by the owner of an ownership change, then the city without notice may take any action permitted by subsections (a)(1) and (2) of this section and assess its expenses as provided by section 10.04.005.
(2006 Code, sec. 30-104; Ordinance 05-08-667, sec. 2 (95.04), adopted 8/15/05)
(a) 
The city’s charge for mowing and clearing of acreage shall be as stated in the city’s fee schedule, as printed in appendix A to this code. If the charge is not paid to the city within 30 days after billing, the city may file a lien upon the premises for all administrative fees and costs of abatement. The city may assess expenses incurred under section 10.04.004 against the real estate on which the work is done or improvements made.
(b) 
To obtain a lien against the property, the city manager or his duly authorized representative must file a statement of expenses with the county clerk. The lien statement must state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the county clerk.
(c) 
The lien obtained by the city is security for the expenditures made and interest accruing at the rate of ten percent on the amount due from the date of payment by the city.
(d) 
The lien filed under this section is inferior only to:
(1) 
Tax liens; and
(2) 
Liens for street improvements.
(e) 
The city council may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due.
(f) 
The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city in doing the work or making the improvements.
(2006 Code, sec. 30-105; Ordinance 05-08-667, sec. 2 (95.05), adopted 8/15/05)
The provisions of this article shall be enforced by the city manager, and his duly appointed representatives, and it shall be unlawful for any person to interfere with or hinder the city manager and his duly appointed representatives in the exercise of their duties under this article. Notwithstanding any provisions contained in this article to the contrary, the city manager and his duly appointed representatives are hereby granted the authority to issue immediate citations to persons violating any provision of this article in their presence.
(2006 Code, sec. 30-106; Ordinance 05-08-667, sec. 2 (95.06), adopted 8/15/05)
(a) 
Any person violating or failing to comply with any provision or requirement of this article who continues to violate or fails to comply with such after seven days after notice is provided as set forth in section 10.04.004 shall also be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided in section 1.01.009. 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.
(b) 
Notwithstanding the provisions of subsection (a) of this section, any violation of any provision of this article 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 city for such purpose.
(c) 
In addition to any other remedies or penalties contained in this article, the city may enforce the provisions of this article pursuant to the applicable provisions of V.T.C.A., Local Government Code ch. 54, as amended, which chapter provides for the enforcement of municipal ordinances.
(d) 
Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this article.
(2006 Code, sec. 30-107; Ordinance 05-08-667, sec. 2 (95.07), adopted 8/15/05)