Certain words, when used in this article, shall have the meaning
as hereinafter described:
Any materials which could be used for the construction of
any buildings, structures, foundations, fences or driveways, including
rock, brick, broken concrete, lumber, dirt, plaster, sand or gravel,
that is stored, stacked or piled in an amount or to an extent that
it can be recognized from an adjacent alley, street or property owned
by others.
Any one (1) or more dead animals or parts of dead animals.
Any decayable waste, including animal, fish and vegetable
wastes resulting from the handling, preparation, cooking and/or consumption
of food.
Any used material that is worn-out and discarded and is located
in a place and in an amount or to an extent that it can be recognized
from any adjacent alley, street or property, or is a health or fire
hazard, or is in violation of the zoning ordinance. Any material that
is owned by a business and can be used or resold shall not be considered
junk for purposes of this article unless it is a health or fire hazard
or is in violation of the zoning ordinance.
Includes, but is not limited to, construction materials,
dead animals, junk and stagnant water.
The person who uses private property as a residence or business
or for any other purpose or use. Also to be included as an occupant
shall be the person in charge of an apartment house, tenement house,
trailer court or similar place in which groups of persons reside,
or the person who is in charge of any place of business.
Means both the singular and the plural, and shall be the
person owning any interest in the property as reflected by the tax
records or deed records.
Means both the singular and plural, and shall include an
individual, corporation, organization, government, business trust,
partnership, association, or any other legal entity.
Land located in the city. With regard to a particular “owner”
or “occupant,” it shall mean land lying between the boundary
lines of such property owned or occupied, including the adjacent right-of-way
area from immediately behind the curb on any adjacent street to the
nearest property line and from the nearest property line to the center
of any adjacent alley. Property shall be classified as such even though
it may be subject to street, alley or utility easements.
Includes, but is not limited to, garbage and trash.
Any stale or foul water which has a bad odor and is left
standing for longer than a 48-hour period.
All wastes consisting of both combustible and noncombustible
wastes, such as paper, wrappings, cigarettes, cardboard, tin cans,
ashes, wood, glass, bedding, crockery, feathers, coffee grounds, paper
boxes, glass, tree trimmings and similar materials, that are stored,
stacked or piled in an amount or to an extent that it can be recognized
from an adjacent alley, street or property owned by others, or causes
a health or fire hazard.
Any hazardous vegetation, that is, any grass, weeds or wild
brush of whatever nature exceeding a height of twelve (12) inches
or more, whether grown, accumulated, stacked or piled.
(Ordinance 2006-23, sec. 1, adopted 5/9/06; 1957 Code, sec. 8-13)
A violation of this article shall be punishable by a fine and penalty as indicated by section 1-1-9 of the city Code of Ordinances. Each day or portion thereof that a violation continues shall constitute a separate offense as provided in section 1-1-9 of the city code.
(Ordinance 2006-23, sec. 1, adopted 5/9/06; 1957 Code, sec. 8-20)
The city attorney shall have the authority to prosecute complaints
and violations of this article or to seek injunctive relief or other
fines and penalties authorized by statute, including V.T.C.A. Local
Government Code sections 54.011 through 54.019, and the Litter Abatement
Act, V.T.C.A., Health and Safety Code, chapter 365.
(Ordinance 89-24, sec. 1, adopted 3/28/89; 1957 Code, sec. 8-21)
The provisions included in this article, if in conflict, shall
not supersede or constitute a defense against any state or federal
law or regulation.
(Ordinance 89-24, sec. 1, adopted 3/28/89; 1957 Code, sec. 8-22)
(a)
Weeds,
rubbish, brush, and any other objectionable, unsightly, or unsanitary
matter are hereby declared to be a nuisance.
(b)
The
owner, occupant(s), or any person(s) having supervision or control
of any lot, tract, parcel of land thereof occupied or unoccupied,
improved or unimproved within the city, or within 5,000 feet outside
the city limits, shall keep the lot, tract, parcel of land thereof
occupied or unoccupied, improved or unimproved free from weeds, rubbish,
brush and other objectionable, unsightly or unsanitary matter.
(Ordinance 2006-23, sec. 1, adopted 5/9/06; 1957 Code, sec. 8-12; Ordinance 2016-39 adopted 10/25/16; Ordinance 2019-29, sec. 1, adopted 8/13/19)
The prohibition against accumulations shall not apply under
the following circumstances:
(1)
The
garbage, trash, junk or hazardous vegetation in question has been
placed in a city container in which such items are authorized to be
placed or has been disposed of at an approved solid waste site or
an approved designated collection site.
(2)
The
junk or construction materials in question are shielded from view
by a screening fence or structure from an alley, street, public property
or other private property with a different owner or occupant and do
not constitute a fire or health hazard or a violation of the zoning
ordinance. Automotive wrecking and salvage yards shall be subject
to the requirements of sections relating to those businesses as set
forth in the city code.
(3)
The
construction materials in question do not constitute a fire or health
hazard and are not located on property used for residential purposes
or prohibited by the zoning ordinance.
(4)
The
construction materials in question are stored on a street or alley
during a period of active construction or repair pursuant to a permit
issued by the director of public works or city council.
(5)
The
construction materials in question are stored on residential property
during a period of active construction or repair as evidenced by a
current building permit where applicable.
(6)
The
hazardous vegetation is located on land that is zoned FD (future development
district) as defined by the city zoning ordinance.
(7)
The
hazardous vegetation is located on land that is currently being used
as a garden or is being cultivated for agricultural purposes.
(8)
The hazardous vegetation is located on land that is being used as pasture for the grazing of livestock in compliance with chapter 2 of the city code.
(9)
The
hazardous vegetation is located on public property owned by the state
or any of its subdivisions, and such governmental entity has determined
that it is in the public interest that such property should remain
in its natural, undisturbed condition, and the vegetation on such
property is in its native bloom, and the condition of such property
does not present a danger or hazard to abutting properties.
(Ordinance 2006-23, sec. 1, adopted 5/9/06; 1957 Code, sec. 8-14)
(a)
If the
owner, occupant(s), or any other person(s) having supervision or control
of a lot, tract, parcel of land thereof, in the city does not keep
the lot free from weeds, rubbish, brush and other objectionable, unsightly
or unsanitary matter, notice of violation must be given:
(b)
If the
notice to a property owner, occupant(s), or any other person(s) having
supervision or control 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.
(c)
If the
owner, occupant(s), or any other person(s) having supervision or control
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, and the city has not been informed in writing
by the aforementioned persons of an ownership change, the city, without
further notice, may correct the violation at the expense of the owner,
occupant(s), or any other person(s) having supervision or control
and assess the expense against the property.
(d)
The director of community development, or his/her designee, may give the notice provided for in this section, once per anniversary year, stating in such notice that property owners, occupant(s), or any other person(s) having supervision or control, shall maintain grass and weeds on the property owned by them at a height in accordance with this article at all times, and that in the event such owners fail to do so, the city shall enter upon the property and mow same at such intervals necessary on or before the first anniversary date of the notice, and that thereafter the cost of such mowing shall be charged against the owner and the property as provided in this section. The giving of such anniversary notice shall be deemed to be in compliance with the terms of this section. The statement of expenses incurred shall be given pursuant to section 6-5-10 of this article.
(Ordinance 2006-23, sec. 1, adopted 5/9/06; 1957 Code, sec. 8-15; Ordinance 2019-29, sec. 2, adopted 8/13/19)
(a)
The
owner, occupant(s), or any other person(s) having supervision or control
of the premises may, within the five-day period after service of notice
of violation, request of the clerk of the municipal court of the city,
either in person or in writing, and without the requirement of bond,
that a date and time be set when he or she may appear before the judge
of the municipal court for a public hearing to determine whether he
or she is in violation of this article. This public hearing shall
not constitute a criminal action against the person, but shall merely
be a finding of fact to determine the legal status of the accumulations
in question.
(b)
If,
at the hearing, the judge finds that an accumulations violation does
exist, the judge shall order that the accumulations violation be cleared
within seven (7) days from the date of the hearing and shall sign
an order allowing the director to clear the lot of the accumulation(s)
after the seventh day.
(c)
If the
judge finds that the lot, tract, parcel of land thereof, is not in
violation of this article, no further action shall be taken against
the lot or property owner, occupant(s), or any other person(s) having
supervision or control until such time as the status of the lot, tract,
parcel of land thereof has changed.
(Ordinance 2006-23, sec. 1, adopted 5/9/06; 1957 Code, sec. 8-16; Ordinance 2019-29, sec. 3, adopted 8/13/19)
If the owner, occupant(s), or any other person(s) having supervision
or control of the property in the city does not clear the weeds, rubbish,
brush or other objectionable, unsightly or unsanitary matter from
the lot within seven (7) days, or request a hearing within five (5)
days, from the date the aforementioned person(s) receives notice of
a violation of this article, the city may:
(1)
Do the
work or make the improvements required; and
(2)
Pay
for the work done or improvements made and charge the expenses to
the owner, occupant(s), or any other person(s) having supervision
or control of the property.
(Ordinance 2006-23, sec. 1, adopted 5/9/06; 1957 Code, sec. 8-17; Ordinance 2019-29, sec. 4, adopted 8/13/19)
(a)
A statement
of the cost incurred by the city for the work done or improvements
made, shall be mailed to the owner, occupant(s), or any other person(s)
having supervision or control of the property, which statement shall
be paid within ten (10) days of the date of the mailing thereof.
(b)
Schedule of city costs: If the notice requirement of section 6-5-7 have been met, the city’s expenses to correct any violation under this article may be assessed against or otherwise charged to, the owner, occupant(s), or any other person(s) having supervision or control, all outstanding interest at the following rate:
|
For major equipment (tractor and mower)
|
$56.00 per hour x no. hours
|
|
For equipment operators, laborers
|
$21.00 per hour x no. hours
|
|
Program administration fee
|
$125.00 (flat fee)
|
|
Fee for transporting waste to landfill, per cubic yard transported
|
$10.00 per cubic yard
|
|
Late fee for failure to pay bill within 10 days of receipt
|
10% late fee
|
|
Landfill cost (including tire, battery, appliance, furniture,
and junk disposal)
|
$52.50 per ton
|
|
Filing fee, if filing lien against property
|
Cost to city for filing lien based on current county fee schedule
|
|
Penalty fee for each subsequent corrective work by city after
initial violation
|
One hundred percent (100%) of the above rates, excluding late
fee and filing fee.
|
(Ordinance 2019-29, sec. 5, adopted 8/13/19)
(a)
The
city may assess expenses incurred under this article against the property
on which the work is done or improvements made by obtaining a lien
against the property.
(c)
The
lien attaches upon the filing of the lien statement with the county
clerk and is security for the expenditures made and interest accruing
at the rate of ten (10) percent on the amount due from the date of
payment by the city.
(e)
The
city 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.
(g)
The
city may foreclose a lien on property under this subchapter in a proceeding
relating to the property brought under subchapter E, chapter 33, Tax
Code.
(Ordinance 2006-23, sec. 1, adopted 5/9/06; 1957 Code, sec. 8-18; Ordinance 2008-37, sec. 14, adopted 9/9/08; Ordinance 2019-29, sec. 6, adopted 8/13/19)
(a)
The
city may abate, without notice, weeds that have grown higher than
forty-eight (48) inches and are an immediate danger to the health,
life, or safety of any person.
(b)
Not
later than the tenth day after the date the city abates dangerous
weeds under this section, the city shall give notice to the property
owner.
(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 article that occurred on
the property;
(3)
A statement that the municipality abated the weeds; and
(4)
An explanation of the property owner’s right to request an
administrative hearing about the municipality’s abatement of
the weeds.
(d)
The
city shall conduct an administrative hearing on the abatement of 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 under section 342.007 [of the
Health and Safety Code]. A lien created under this section is subject
to the same conditions as a lien created under section 342.007.
(g)
The
authority granted a municipality by this section is in addition to
the authority granted by section 342.006 [of the Health and Safety
Code].
(Ordinance 2006-23, sec. 1, adopted 5/9/06; 1957 Code, sec. 8-19)
