Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this article is committed, continued or permitted, and each violation shall be punishable by a fine as provided in section 1.01.009 of this code.
(Ordinance 8-87-1, sec. VIII, adopted 8/24/87)
It shall be unlawful for any person, firm or corporation who shall own or occupy any lot or lots within the corporate city limits to permit or allow holes or places on any lot, tract or parcel of land where water may accumulate and become stagnant, or to permit the same to remain thereon.
(Ordinance 8-87-1, sec. I, adopted 8/24/87)
It shall be unlawful for any person, firm or corporation who shall own or occupy any lot, tract or parcel of land within the corporate city limits to permit or allow the accumulation of stagnant water thereon, or to permit the same to remain thereon.
(Ordinance 8-87-1, sec. II, adopted 8/24/87)
It shall be unlawful for any person, firm or corporation who shall own or occupy any lot, tract or parcel of land within the corporate city limits to permit or allow any carrion, filth or other impure or unwholesome matter to accumulate or remain thereon.
(Ordinance 8-87-1, sec. III, adopted 8/24/87)
(a) 
It shall be unlawful for any person, occupant or anyone having supervision or control of any lot, tract or parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate city limits to suffer or permit grass, weeds or any plant that is not cultivated to grow to a greater height than twelve (12) inches on an average or to grow in rank profusion upon such premises.
(b) 
With respect to lots, tracts or parcels of land of two (2) or more acres under single ownership, the provisions of this section shall not be applicable to any area in excess of one hundred (100) feet from any open public street or way and in excess of one hundred (100) feet from any adjacent property under different ownership on which any building is located or on which any improvement exists.
(c) 
It shall be unlawful for any person, occupant or anyone having supervision or control of any lot, tract or parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate city limits, to suffer or permit grass, weeds or any plant that is not cultivated to grow in rank profusion, or otherwise, in, along, upon or across the sidewalk or street adjacent to the same in the area between the property line and the curbline or within the area ten (10) feet beyond the property line to a height greater than twelve (12) inches on an average.
(Ordinance 8-87-1, sec. IV, adopted 8/24/87)
Should any owner of such lot or lots that have places thereon where stagnant water may accumulate and/or which are not properly drained, or the owner of any premises or building upon which carrion, filth or other impure or unwholesome matter may be located, fail and/or refuse to drain and/or fill the same, or remove such filth, carrion or other impure or unwholesome matter, as the case may be, within seven (7) days after notice to said owner to do so, then, in such event, the city may do such filling or draining, or removal of filth, carrion, etc., or any other unsightly, objectionable or unsanitary matter, or cause the same to be done, and may pay therefor and charge the expenses incurred in doing such work or having such work done or improvements made to the owner of such lot tract or parcel of land, and if such work is done or improvements made at the expense of the city then such expense or expenses shall be assessed on the real estate upon which such expense was incurred.
(Ordinance 8-87-1, sec. V, adopted 8/24/87; Ordinance adopting Code)
Should any owner or occupant of any lot, tract or parcel of land within the corporate city limits who shall allow weeds, grass or plants to grow above the height of twelve (12) inches on the average, [or rubbish, brush or any other unsightly, objectionable or unsanitary matter to accumulate thereon, fail or refuse to cut down and/or remove such weeds or grass,] rubbish, brush or any other unsightly, objectionable or unsanitary matter, as the case may be, within seven (7) days after notice to said owner or occupant to do so, the city may do such cutting down and/or removing of such weeds, rubbish, brush or any other unsightly, objectionable or unsanitary matter, or cause the same to be done and may pay therefor, and charge the expenses incurred in doing such work or having such work done or improvements made to the owner of such lot, tract or parcel of land; and, if such work is done or improvements made at the expense of the city, then such expenses shall be assessed on such real estate upon which such expense was incurred.
(Ordinance 8-87-1, sec. VI, adopted 8/24/87; Ordinance adopting Code)
(a) 
The notice of violation provided for in sections 6.04.006 and 6.04.007 of this article shall be given as follows:
(1) 
Personally to the owner in writing;
(2) 
By letter 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; 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.
(b) 
If the city mails a notice to the property owner in accordance with subsection (a) 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.
(c) 
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 city 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, the city may, without notice, take any action permitted in this article and assess its expenses as provided in this article.
(Ordinance adopting Code)
The mayor, or the mayor pro tem in the absence of the mayor, shall file a statement of such expenses incurred under sections 6.04.006 and 6.04.007 of this article, as the case may be, giving the amount of such expenses, and the date on which said work was done or improvements made, with the county clerk, and the city shall have a privileged lien on such lot, tract or parcel of land upon which said work was done or improvements made to secure the expenditures so made, in accordance with the provisions of V.T.C.A., Health and Safety Code, section 342.007, which said lien shall be second only to tax liens and liens for street improvements; and said amount shall bear ten percent interest from the date said statement was filed. It is further provided that, for any such expenditures and interest as aforesaid, suit may be instituted and recovery and foreclosure of said lien may be had in the name of the city, and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements.
(Ordinance 8-87-1, sec. VII, adopted 8/24/87)
(a) 
Notwithstanding any of the foregoing sections, the city may abate, without notification, weeds that:
(1) 
Have grown higher than forty-eight (48) inches; and
(2) 
Are an immediate danger to the health, life, or safety of any person.
(b) 
The city must give notice, in the manner provided in section 6.04.008, to the property owner no later than the tenth (10th) day after the date the city abates weeds under this section. The notification shall contain:
(1) 
An identification, which is not required to be a legal description, of the property;
(2) 
A description of the violation of this article that occurred on the property;
(3) 
A statement that the city abated the weeds; and
(4) 
An explanation of the property owner’s rights to request an administrative hearing regarding the city’s abatement of the weeds.
(c) 
The city, by and through its city administrator or designee, shall conduct an administrative hearing on the abatement of weeds under this section if, not later than the thirtieth (30th) day after the date of the abatement of the weeds, the owner files a written request for a hearing with the city.
(d) 
The city shall conduct the administrative hearing not later than the twentieth (20th) day after the date a request for hearing is filed. At the administrative hearing, the owner may testify or present any witnesses or written information relating to the city’s abatement of the weeds.
(e) 
The city may assess expenses and create liens under this section in the same manner and subject to the same conditions as set forth in section 6.04.009 above.
(f) 
The authority granted the city by this section is in addition to the authority granted by section 6.04.009.
(Ordinance adopting Code)