(a) 
Violations.
It is an offense for a person, firm, or corporation owning, occupying, or having control of land within the city, whether occupied or unoccupied, to permit:
(1) 
Grass, weeds, or any plant that is not cultivated to grow to a height greater than 10 inches on the land or between the property line of the land and the curb of an adjacent street or if there is no curb, then between the property line of the land and 10 feet outside the property line adjacent to public right-of-way; or
(2) 
Rubbish, brush, or other unsanitary or unsightly matter, including, but not limited to junk, trash, garbage, refuse, appliances, or machinery to accumulate or be present upon the property.
(b) 
Penalty.
A person who violates subsection (a) or who fails to perform an act required by this division commits an offense. A person commits a separate offense each day or portion of a day during which a violation is committed, permitted, or continued. Each separate offense under this division is punishable by a fine as provided in section 1.01.009.
(Ordinance 504 adopted 9/16/97)
It is the responsibility of a person, firm, or corporation owning, occupying, or having control of land within the city to cut or cause to be cut, grass, weeds, or plants, and to remove or cause to be removed rubbish, brush, and other unsanitary or unsightly matter as often as necessary to comply with the requirements of section 6.03.031.
(Ordinance 504 adopted 9/16/97)
(a) 
If the owner of land fails to comply with the requirements of sections 6.03.031 and 6.03.032, a city official may cause the property owner to be notified to cut the grass, weeds, or other plants or to remove the rubbish, brush, or other unsanitary or unsightly matter within 7 days of the date of the notice.
(b) 
The notice 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 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.
(c) 
If the owner of property in the city does not comply with a city ordinance or requirement under this division within seven days of notice of a violation, 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 of the property.
(d) 
If the city mails a notice to a property owner in accordance with subsection (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.
(e) 
In a notice provided under this section, the city may inform the owner by regular mail and a posting on the property 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, then the city without notice may take any action permitted by subsections (c)(1) and (2) above and assess its expense as provided by section 6.03.034.
(Ordinance 603 adopted 1/8/02)
(a) 
In assessing the expenses incurred pursuant to section 6.03.033(c) against the real estate on which the work is done or improvements made, the city shall send the owner of the property upon which the work was done a notice which shall include:
(1) 
Identification of the property;
(2) 
Description of the violation;
(3) 
A statement that the city abated the condition;
(4) 
A statement of the city’s charges and expenses in abating the condition;
(5) 
A statement of the city’s administrative expenses and lien filing expenses;
(6) 
An explanation of the property owner’s right to request a hearing within 10 days of the date of the letter; and
(7) 
A statement that if the owner fails or refuses to pay the expense within 30 days after the first day of the month following the month in which the work was done, the city manager or his designee shall obtain a lien against the property by filing with the county clerk a notice of lien and statement of expenses incurred.
(b) 
The city manager or his designee will conduct a hearing if the property owner submits a written request within 10 days of the property owner’s receipt of the notice. The city manager or his designee may find, based on a preponderance of the evidence presented, that the charges are erroneous.
(c) 
If no hearing is requested, or a hearing is held and the charge is determined to be valid, and the owner fails or refuses to pay the expense within 30 days after the first day of the month following the one in which the work was done, the city manager or his designee shall obtain a lien against the property by filing with the county clerk a notice of lien and statement of expenses incurred.
(d) 
The lien is security for the expenditures made and interest accruing at the rate of 10% per annum from the date of payment by the city.
(e) 
When the statement is filed, the city shall have a privileged lien on that property, second only to tax liens and liens for street improvements.
(f) 
The city may institute suit to recover the expenditures with interest and may foreclosure on the property. The original or a certified copy of the statement of expenses is prima facie proof of the expenses incurred by the city in doing the work or making the improvements, as specified in section 342.007, Texas Health and Safety Code, which is adopted and incorporated into this division by reference.
(Ordinance 603 adopted 1/8/02; Ordinance 1239-2019, sec. 36, adopted 8/13/19)