Brush
means lawn trimmings, tree trimmings or other miscellaneous harvested vegetation.
Contractor
means any person(s), firm, corporation or other entity that has been hired by an owner, as defined herein, to perform any new construction, remodel or repair of said property within the corporate limits of the city. If the owner is also the builder/developer/contractor, as defined herein, then the owner is held to the limitations of a contractor as specified in this article.
Nuisance.
The following items are hereby declared a nuisance:
(1) 
Anything that is dangerous to human life or health;
(2) 
Anything that renders the ground, the water, the air or the food a hazard or injurious to human life or health;
(3) 
Anything that gives off an offensive odor; or
(4) 
Anything that is detrimental to the public health.
Owner
means any person(s) or entities owning, claiming, occupying or having supervision or control of any lot, tract, or parcel of land, occupied or unoccupied, improved or unimproved, within the corporate limits of the city.
Rubbish
means trash, debris, rubble, concrete, cement, stone, excess or useless fragments of construction materials, or other miscellaneous useless waste or rejected matter.
Vehicle owner
means any person(s) or entities owning, claiming, occupying or having supervision or control of any vehicle within the corporate limits of the city.
Weeds and vegetation
means vegetation, including grass, that because of its height is objectionable, unsightly or unsanitary, but excluding shrubs, bushes, trees, cultivated flowers, and cultivated crops.
(Ordinance 2008-07-02, sec. 1, adopted 7/15/08)
(a) 
It shall be unlawful for any owner to allow any weeds and vegetation, as defined in section 8.06.001 herein, to grow to a height greater than twelve (12) inches upon any real property within the city.
(b) 
Subsection (a) of this section shall not apply to real property which is legally zoned for agriculture by the city and where crops are planted and/or present.
(c) 
It is the responsibility of the property owner to maintain the property to include the area up to the edge of paving of any public roadway bounding the property in accordance with this article.
(d) 
It shall also be unlawful for any contractor to allow any rubbish or brush to accumulate or be present in public view upon any real property within the city for more than ten (10) days, unless such nuisance is in a container designed for such purposes.
(e) 
It shall be unlawful for any owner to allow a pile of rubbish or brush in excess of six (6) feet wide by six (6) feet tall by six (6) feet deep, as defined in section 8.06.001 herein, to accumulate or be present in public view upon any real property within the city in excess of ten (10) days. It shall be an exception to this subsection (e) to store logs during a burn ban or for the purpose of use in a fireplace or similar device.
(f) 
It shall be unlawful for any owner to allow a nuisance, as defined in section 8.06.001 herein, to exist upon any real property within the city.
(g) 
It shall be the duty of any owner to maintain his or her property in a reasonable, neat and orderly fashion. Therefore:
(1) 
Storage, within public view, of auto parts, appliances and building materials or any items that fall within the definition of “nuisance” as defined in section 8.06.001 herein is strictly prohibited; and
(2) 
If a building permit is current, it shall be reasonable to temporarily store, within public view, such building materials as needed to complete the permitted construction.
(h) 
A violation of this section is subject to notice and penalties as described herein.
(Ordinance 2008-07-02, sec. 2, adopted 7/15/08; Ordinance 2018-06-03 adopted 6/5/18)
(a) 
The parking of large vehicles on residential streets presents a hazard to drivers and can limit emergency access. In order to provide for public safety, all boats, campers, trailers, recreational vehicles and vehicles with three (3) or more axles:
(1) 
Must be parked on an improved surface contiguous with the driveway within the boundaries of the owner’s property and in front of the front building line; or
(2) 
Must be parked on an improved or unimproved surface within the boundaries of the owner’s property and behind the front building line; and
(3) 
Must comply with all applicable city ordinances.
(b) 
It shall be unlawful to park boats, campers, trailers, recreational vehicles or vehicles with three (3) or more axles on city streets for a period of three (3) or more hours.
(c) 
It shall be unlawful to park any vehicles upon any street, roadway, right-of-way or other public property in a manner that impedes or could impede traffic or emergency access.
(d) 
It shall be unlawful to place any item, including equipment, dirt, rubbish or brush, upon any street, roadway, right-of-way or other public property, in a manner that impedes or could impede traffic or emergency access.
(e) 
It shall be a direct violation of this article for any vehicle to be parked on a city easement.
(1) 
It shall be the responsibility of the owner to have knowledge of the city’s easements as it relates to the owner’s property.
(2) 
Any violation of this section may be enforced without notice and at the expense of the owner.
(f) 
The city shall not be required to give notice to an owner for failure to comply with the provisions of this section.
(g) 
Any law enforcement officer of the city, at their discretion, shall have the authority to immediately tow, remove, and/or store any vehicle or item found to in violation of this section, at the owner’s expense, in the interest of public health, safety and welfare.
(h) 
Any law enforcement officer of the city, at their discretion, may issue a citation or summons to appear in municipal court to the property owner or vehicle owner for any violation of this section.
(Ordinance 2008-07-02, sec. 3, adopted 7/15/08)
Enforcement of this article shall be the responsibility of the proper state, county and city authorities, the city police department and/or the duly appointed code enforcement official of the city.
(Ordinance 2008-07-02, sec. 4, adopted 7/15/08; Ordinance adopting 2018 Code)
(a) 
In the event that any owner fails to comply with the provisions of section 8.06.002 of this article, upon receiving a written complaint, or based on a complaint by an authorized person or entity pursuant to section 8.06.004, the city shall give ten (10) days’ written notice to such owner by personal delivery, or by certified mail, return receipt requested, addressed to such owner at owner’s last known mailing address, demanding compliance with this article. If such registered card or letter is returned unclaimed, or if personal service has not been had or if the owner’s address is not known, the notice shall be published two (2) times within ten (10) consecutive days in any newspaper in general circulation in the area 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 if the property contains no building. Failure of the owner to abate the nuisance within the ten (10) day time period after any such notice will constitute prima facie evidence of a violation of this article.
(b) 
Pursuant to the Texas Health and Safety Code, section 342.006, such notice shall be the only notice that will be given for the subsequent twelve (12) month period. If, within the subsequent twelve (12) month period, the same violation(s) occurs again, the city, without notice, may take the appropriate actions to bring the property into compliance and assess its expenses as provided by section 8.06.006 herein.
(Ordinance 2008-07-02, sec. 5, adopted 7/15/08)
(a) 
Authorized.
If an owner fails or refuses to comply with the city’s demand for compliance in accordance with section 8.06.002 of this article within ten (10) days of the notice provided pursuant to section 8.06.005 herein, the city may go upon the property, and do such work or cause the work to be done to bring the property into compliance with this article.
(b) 
Payment of costs.
The expense incurred in correcting any condition of a property in violation of section 8.06.002 or section 8.06.003, including the cost for publishing the notice in the newspaper, shall be paid by the city and charged to the owner of such property. A statement of expenses incurred by the city shall be mailed to the owner. Such statement shall be paid by the owner within thirty (30) days of the date of the mailing thereof. In the event that the statement of expenses has not been paid within the thirty (30) day period, the city may pursue and exhaust any and all remedies available under this article and state law.
(Ordinance 2008-07-02, sec. 6, adopted 7/15/08)
(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 10th day after the date the city abates weeds under this section, the city shall give notice to the property owner in the manner required by section 342.006 of the Health and Safety Code.
(c) 
The notice shall contain:
(1) 
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 city abated the weeds; and
(4) 
An explanation of the property owner’s right to request an administrative hearing related to the city’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 of the Health and Safety Code.
(g) 
The authority granted a city by this section is in addition to the authority granted by Health and Safety Code, section 342.006.
(Ordinance adopting 2018 Code)
In addition to collecting the costs and expenses incurred for correcting any violation(s) involving abatement by the city, the city shall charge an administrative fee in the amount set forth in the fee schedule in appendix A of this code, which sum is hereby found to be the administrative cost to the city for administering the terms of this article.
(Ordinance 2008-07-02, sec. 7, adopted 7/15/08; Ordinance adopting 2018 Code)
(a) 
Any owner, as defined herein, violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code for each offense. Each day a violation of any provision of this article shall continue shall constitute a separate offense.
(b) 
Any vehicle owner, as defined herein, violating any of the provisions of section 8.06.003 of this article, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code for each offense. Each day a violation shall continue shall constitute a separate offense.
(c) 
After any required notice has been sent to the owner, the owner’s failure or refusal to comply with any demand for compliance within the applicable time period shall be deemed as maintaining a public nuisance, and the mayor, mayor pro tem, city council or city secretary may file a lien upon and against such real property to include all costs, city administrative fees, filing fees, charges and expenses.
(d) 
The owner’s failure to comply with this article may result in the city securing a lien against the property. In such event, the city will file with the county clerk a statement of expenses incurred in correcting the condition of the property. The city shall have a privileged lien on the property second only to tax liens and liens for street improvements, together with ten percent (10%) interest on the delinquent amount from the date such payment was due. The city may bring suit for foreclosure of the lien in the name of the city to recover the expenditure and interest due, and in said suit, the statement of costs and expenses, or a certified copy of the statement, shall be prima facie proof of the expenses incurred by the city in doing the work or making the improvements.
(Ordinance 2008-07-02, sec. 8, adopted 7/15/08; Ordinance adopting 2018 Code)
(a) 
The mayor or his designee is hereby authorized to execute release of liens on behalf of the city of all liens created under the provisions of this article.
(b) 
The mayor or his designee shall have no right to execute such releases until he has satisfied himself that the debt or portion thereof secured by the lien and for which a release is requested has been paid in full to the city, and such lien shall be released only insofar as it affects the property for which the debt secured thereby has been paid in full.
(Ordinance 2008-07-02, sec. 9, adopted 7/15/08)
(a) 
Definitions.
In addition to the definitions set out in section 8.06.001 of this article, the following terms, when used in this section, shall have the meaning ascribed to them in this subsection:
Graffiti.
Any markings, including initials, inscriptions, slogans, designs, or other drawings which are written, sketched, painted, drawn, or applied in any other way to any structure, building, or property, whether real or personal, or to any portion or element thereof, whether the property is public or private, without the effective consent of the property owner.
Guardian.
A person who, by court order, is the legal guardian of a minor, or a public or private agency with whom a minor has been placed by the court.
Minor.
Any person under the age of 18.
Parent.
A natural parent, adoptive parent, or stepparent of a minor.
(b) 
Offenses.
(1) 
It shall be unlawful for any owner of property in the city to fail to remove all graffiti on the owner's property that is visible from any public property or right-of-way or from any private property other than the property on which the graffiti exists by the 15th day after service of notice in accordance with section 8.06.005(a) of this article, except if:
(A) 
The graffiti is located on transportation infrastructure; and
(B) 
The removal of the graffiti would create a hazard for the person performing the removal.
(2) 
A parent or guardian of a minor commits an offense if he or she knowingly permits or by insufficient control allows the minor to affix or apply graffiti to public or private real or personal property.
(3) 
An offense under this section is punishable in accordance with section 8.06.009 of this article.
(c) 
Notice.
In the event of a violation under section 8.06.011(b)(1), the city may not give notice to an owner under section 8.06.005(a) of this article unless: (1) the city has offered to remove the graffiti from the owner's property free of charge; and (2) the owner has refused the offer. The notice shall require the owner to remove the graffiti on or before the 15th day after the date the property owner receives such notice. Failure of the owner to abate the nuisance shall not constitute prima facie evidence of a violation of this section until after the fifteen (15) day time period after any such notice. In the event of notice under this section given by certified mail, the notice shall be sent to the owner at the owner's address contained in the records of the appraisal district in which the property is located.
(d) 
Abatement by city.
In the event of a violation under section 8.06.011(b)(1), after fifteen (15) days have passed since the date of receipt of the notice by the owner, the city may abate the violation under the procedures set out in section 8.06.006 of this article. The administrative fees provided in section 8.06.008 of this article are applicable for graffiti abatements as well.
(e) 
Lien.
The owner's failure to comply with this section may result in the city securing a lien against the property. To obtain a lien against the property for expenses incurred by the city to bring the property into compliance under this section, the governing body of the city must file a statement of expenses with the county clerk, which must contain: (1) the name of the property owner, if known; (2) the legal description of the property; and (3) the amount of expenses incurred to bring the property into compliance. A lien under this section attaches to the property on the date on which the statement of expenses is filed in the real property records of the county in which the property is located and is subordinate to (1) any previously recorded lien; and (2) the rights of a purchaser or lender for value who acquires an interest in the property subject to the lien before the statement of expenses is filed. The lien shall include ten percent (10%) interest on the delinquent amount from the date such payment was due. The city may bring suit for foreclosure of the lien in the name of the city to recover the expenditure and interest due, and in said suit, the statement of costs and expenses, or a certified copy of the statement, shall be prima facie proof of the expenses incurred by the city in doing the work or making the improvements. Any release of lien shall be in accordance with section 8.06.010 of this article.
(f) 
Penalty.
Any person violating any provision of this section shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of the city's code . Each time that a provision of this section is violated shall constitute a separate offense. An offense under this section is a misdemeanor. The penalty provisions imposed under this section shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies to it pursuant to local, state and federal law.
(Ordinance 2022-11-05 adopted 11/15/2022)