It shall be unlawful for any person, owner or occupant of any
premises, occupied or unoccupied, to permit weeds or grass located
on any premises in the city to grow to a height greater than twelve
(12) inches; or to fail to remove weeds or grass from such premises
after the same have been cut. For the purpose of this article, the
term “premises” means the lot, plot or parcel of land,
plus the front or side parkway between the property line or sidewalk
and curb or traveled way, and the rear or side parkway between the
property line and the centerline of an adjacent alley.
(Ordinance 2009-0890 adopted 6/15/09)
It shall be the duty of every owner, occupant or person in control
of any occupied or unoccupied premises in the city to use every precaution
to prevent weeds, grass or other vegetation from growing on premises
so as to become a nuisance or fire hazard.
(Ordinance 2009-0890 adopted 6/15/09)
Any code compliance officer or police officer of the city shall
enforce and administer this article.
(Ordinance 2009-0890 adopted 6/15/09; Ordinance
2023-1175 adopted 8/7/2023)
(a) In
the event the owner, occupant or person in control of private premises
in the city does not comply with any provisions of this article, the
police department shall give ten (10) days’ notice in writing
to such person. Notice must be given by:
(1) Letter addressed to such person at his post office address;
(2) Publication two (2) times within ten (10) consecutive days in the
city’s official newspaper; or
(3) Posting the notice on or near the front door of each building on
the premises to which the violation relates. If the premises contain
no buildings, then by posting the notice on a placard attached to
a stake driven in the ground, on the premises to which the violation
relates.
(b) In a notice provided under this section, the city manager or designee may inform the owner by regular mail and a posting on the premises 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 premises. If a violation covered by a notice under this section 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 manager without notice may take any action permitted by section
6.03.005.
(c) If the city mails a notice to a 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 delivered.
(Ordinance 2009-0890 adopted 6/15/09)
(a) If such person fails or refuses to comply with the terms of this article within the allotted ten (10) days, city may pay for the work done or improvements made and charge the expenses to the owner of the property. The city may assess expenses incurred under section
6.03.004 including an administrative expense against the real estate on which the work is done or improvements made.
(b) To
obtain a lien against the property, the city manager must file a statement
of expenses with the county clerk. The lien statement must 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. The lien obtained by the city is security for the expenditures
made and interests accruing at the rate of 10 percent on the amount
due from the date of payment by the city. The lien is inferior only
to tax liens and liens for street improvements.
(c) The
city may bring a suit for foreclosure in the name of the city to recover
the expenditures and interest due. The city may foreclose a lien on
premises under this article in a proceeding relating to the premises
brought under subsection E, chapter 33, Tax Code.
(Ordinance 2009-0890 adopted 6/15/09)
(a) 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.
(b) Not later than the 10th day after the date the city abates weeds under this section, the city shall give notice to the owner, occupant or person in control of private premises in the manner required by section
6.03.004. The notice shall contain an identification, which is not required to be legal description, of the premises; a description of the violations of this article that occurred on the premises; a statement that the city abated the weeds; and, an explanation of the property owner’s right to request an administrative hearing about the city abatement of the weeds.
(c) The
municipal judge 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 owner files with the municipal
judge a written request for a hearing. The hearing 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.
(d) The city may assess expenses and create liens under this section as it assesses expenses and creates liens under section
6.03.005.
(Ordinance 2009-0890 adopted 6/15/09)
(a) Any
person violating any of the provisions of this article shall be subject
to a fine, upon conviction in the municipal court, of not more than
two thousand dollars ($2,000.00); and each day the premises remain
in a condition in violation of the terms of this article shall constitute
a separate offense. This section shall be in addition to and cumulative
of the provisions for the abatement of the nuisance and charging the
cost against owner of the premises by the city.
(b) The
penalty provided herein is in addition to the remedy provided the
city to cause the work or improvements to be done to the premises
as provided herein.
(Ordinance 2009-0890 adopted 6/15/09)