City of Burleson, TX WEEDS AND EXCESSIVE OR WILD GROWTH

Declaration of nuisance.

Permitting or allowing weeds, grass or any uncultivated plant to grow in rank profusion or to grow to a height in excess of 12 inches on average upon any property within the corporate limits of the city or to leave weeds, grass or uncultivated plants in excess of 12 inches on average on such premises after they have been cut is hereby declared to be a nuisance.

Violation.

Any person who owns, occupies or controls any property within the corporate limits of the city commits an offense if said person:

Permits or allows weeds, grass or any uncultivated plant grow in rank profusion or exceed 12 inches in height on such property;

Allows the landscaping and any vegetation, including but not limited to, trees, shrubbery, bushes and vines to grow on the premises so as to physically obstruct the doors or windows of any structure on the premises so as to prevent ingress or egress from any structure(s) on the premises, to project across or obstruct any sidewalk, driveway, alley or street, or to visually obscure more than 25 percent of the front door or porch of the structure(s) when viewed from the street directly in front of said door or porch; or

Allows landscaping and any vegetation, including but not limited to, trees, shrubbery and bushes, to invade or obstruct soffits, eaves, fascia, vent screening or any other portion, addition, or sections of a roof.

Agricultural tracts.

In the case of agricultural tracts of five acres or larger, this section will be satisfied if the hay or grass or vegetation is kept mowed to a height no greater than 12 inches on average for a distance of 100 feet around the entire perimeter of the tract, and all remaining weeds, grass and uncultivated plants do not exceed 48 inches in height in accordance with section 34-62(c). It is an exception to the provisions of this paragraph if the property is being used for the planting, cultivating, harvesting or storage of grains, hay, or plants commonly grown in the vicinity, and the property in question is five or more acres in area.

(4)

Maintenance of parkway.

A person commits an offense if the person owns, occupies, or controls any real property and permits weeds, grass or uncultivated plants to grown in rank profusion or to exceed 12 inches in height on average in the area adjacent to the property line, including the front, side or rear parkway between the property line or sidewalk and the curb, or if there is no curb then within ten feet outside such property line.

(5)

Exception for wildflower areas, nature areas, and terrain obstructed areas.

Wildflower areas, when approved as such by the director of planning and community development or designee, during the blooming period for such wildflowers, and areas that are designated as a nature area on an approved landscape plan, shall be excepted from this section, provided that such areas are not otherwise required to be abated as a result of an immediate hazard as determined by the fire marshal set forth below. Any person requesting an exemption based upon a wildflower area shall make such request in writing to the director. The director shall maintain a list of those approved areas. Areas that are deemed reasonably inaccessible because of terrain or obstructions requiring specialized equipment may be exempted when in the opinion of the fire marshal there is no reasonable fire hazard. Such request for exemption shall be made in writing by the property owner to the fire marshal annually to request an inspection of the site. In the event of extreme drought or other hazardous conditions, the fire marshal may require any previously designated wildflower area, natural area, or terrain obstructed area to be mowed when the area is of such size or proximity to structures that in the opinion of the fire marshal it creates a potential fire hazard.

§ 34-62 Abatement.

(Ord. No. B-740, § 1(7-24), 7-28-2008; Ord. No. CSO#629-05-2017, § 9, 5-8-2017)

(a)

Notice.

The city is hereby authorized to give notice to the owner of any property which is in violation of the provisions of section 34-61(b), instructing the owner to abate the nuisance.

If the owner of the property does not comply with the provisions of said abatement notice issued by the city within seven days after the date the notice is received, the city may:

Enter the property and do or cause to be done the work required to abate the nuisance; and

Pay for the work done and charge the expenses to the owner of the property and assess the owner a weed mowing administrative fee and weed mowing notification fee in accordance with the adopted city fee schedule.

The notice must be given:

Personally to the owner in writing; or

By letter addressed to the owner at the owner's last known address as recorded in the appraisal district records of the appraisal district in which the property is located; or

If personal service cannot be obtained and the owner's post office address is unknown:

By publication at least once in the official newspaper of the City of Burleson; or

By posting the notice on or near the front door of each building on the property to which the violation relates; or

By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.

(4)

If the city mails a notice to the property owner in accordance with paragraph (a)(3)b 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.

(5)

Notice will be deemed to have been received:

For personal service, as of the date the notice was given personally to the owner;

For mailed notice, three days after date of postmark;

For notice by publication, on the date that the last notice was published in the official newspaper; or

For notice by posting, ten days after the notice was posted.

(6)

In the notice of a violation, 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.

(7)

If a violation covered by a notice under section 34-62(a)(5) 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 section (a)(2) and assess the expenses as provided by section 34-63.

(b)

Property under development.

Before any application for change of zoning, platting or replatting is accepted, all liens and charges arising under the terms of section 34-62(a)(2) shall be satisfied and no concerned property shall be in violation of section 34-61(b) hereof.

If the city has issued a permit and the property for which such permit was issued is in violation of section 34-61(b) hereof, the city may revoke the permit until such nuisance has been abated.

Such actions shall not defer any other remedies or penalties which may be applicable under this section.

(c)

Additional authority to abate dangerous weeds.

Notwithstanding the other provisions of this section, the city may abate, without notice, weeds that have grown higher than 48 inches and are an immediate danger to the health, life, or safety of any person.

If the city abates weeds under this section, the city shall give notice to the property owner in a manner required by this section not later than the tenth day after the date that the city abates weeds. This notice shall contain:

An identification, which is not required to be legal description, of the property;

A description of the violations that occurred on the property;

A statement that the city abated the weeds; and

An explanation of the property owner's right to request an administrative hearing about the abatement of the weeds.

The city shall conduct an administrative hearing on the abatement of weeds under this section if, not later than 30 days after the date of the abatement of the weeds, the property owner files a written request for a hearing with the city.

(4)

An administrative hearing conducted under this section shall be conducted no later than 20 days 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.

(5)

Expenses under this section may be assessed in liens created under the same conditions expressed in this article.

§ 34-63 Assessment of expenses; lien.

(Ord. No. B-740, § 1(7-25), 7-28-2008; Ord. No. CSO#629-05-2017, § 10, 5-8-2017)

(a)

All expenses incurred by the city to abate high weeds, grass or uncultivated plants, including the cost of giving notice as required, shall initially be paid by the city and charged to the owner of the property. If the charge is not paid to the city within 30 days after billing, it will become a charge against the property and the city may file a lien upon the property.

(b)

To obtain a lien upon the property, the city shall file a statement of expenses with the county clerk for the county in which the property is located. The lien statement shall 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 shall be security for the expenditures made and interest accruing at the rate of ten percent per annum on the amount due from the date of payment by the city.

(d)

The lien is inferior only to:

Tax liens; and