It shall be unlawful for any owner, lessee, occupant or person in charge of any premises in the city to allow weeds to grow upon the premises or trash or rubbish to accumulate upon the premises to such an extent as is reasonably calculated to create a fire hazard or calculated to become injurious to the health of the citizens of the city, and either act is hereby declared to constitute a public nuisance.
(1967 Code, sec. 12-26; 1976 Code, sec. 34-81; 2008 Code, sec. 34-81)
It shall be unlawful for the owner, lessee, occupant, or person in charge of any lot or other premises in the city to allow or permit holes or places where water may accumulate and become stagnant to be or remain on such lot or premises, or to allow or permit the accumulation of stagnant water thereon, or to permit stagnant water to remain thereon.
(1967 Code, sec. 13-11; 1976 Code, sec. 34-82; 2008 Code, sec. 34-82; Ordinance 1200 adopted 11/2/21)
It shall be unlawful for the owner, lessee, occupant, or person in charge of any lot, building, house, establishment, or premises in the city to allow or permit any carrion, filth or other impure or unwholesome matter of any kind to accumulate or remain thereon.
(1967 Code, sec. 13-12; 1976 Code, sec. 34-83; 2008 Code, sec. 34-83; Ordinance 1200 adopted 11/2/21)
The city may punish an owner, lessee, occupant, or person in charge of the premises within its city limits who violate this division. A law enforcement agency or officer may take appropriate action to enforce the provisions of this division. A law enforcement officer within this division means:
(1) 
A certified peace officer;
(2) 
A certified fire inspector;
(3) 
A health inspector;
(4) 
A code enforcement officer.
(Ordinance 974, sec. I, adopted 12/1/03; 2008 Code, sec. 34-84; Ordinance 1200 adopted 11/2/21)
(a) 
Duty to remove nuisance.
It shall be the duty of any owner, lessee, occupant, or person in charge of any premises to remove and abate any such public nuisance, as defined in this article, and further to remove or cut all such weeds, plants, grasses, other vegetation and any other objectionable or unsightly matter, as often as may be necessary to comply with this article.
(b) 
Work or improvements by city.
If the owner, lessee, occupant, or person in charge of the premises does not comply with this division or any requirement hereof 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.
(c) 
Service of notice.
Upon the failure or refusal of the owner lessee, occupant, or person in charge of any premises to comply with section 6.03.035(a), the city, acting by and through its duly authorized city manager or other authorized personnel, shall notify the owner that such condition has been declared by the city to be a public nuisance. The notice must be given:
(1) 
Personally to the owner, lessee, occupant, or person in charge of any premises in writing;
(2) 
By letter addressed to the owner, lessee, occupant, or person in charge of any premises at the owner’s, lessee’s, occupant’s, or person in charge of any premises 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.
(d) 
Unclaimed notice.
If the city mails a notice to a property owner, lessee, occupant, or person in charge of any premises in accordance with subsection (b) of this section, 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) 
Subsequent violations.
In a notice provided under this section, the city may inform the owner, lessee, occupant, or person in charge of any premises by regular mail and a posting on the property, or by personally delivering the notice, that if the owner, lessee, occupant, or person in charge of any premises 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 expense of the owner, lessee, occupant, or person in charge of any premises and assess the expense against the property. 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 without notice may take any action permitted by this section and assess its expenses as provided by this section.
(1967 Code, secs. 12-27, 13-13, 13-15; 1976 Code, sec. 34-84; Ordinance 974, sec. II, adopted 12/1/03; 2008 Code, sec. 34-85; Ordinance 1200 adopted 11/2/21)
(a) 
The city may assess expenses incurred in accordance with section 6.03.035 against the real estate on which the work is done or improvements made.
(b) 
To obtain a lien against the property, the city 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.
(c) 
The lien obtained by the city is security for the expenditures made and interest accruing at the rate of ten percent on the amount due from the date of payment by the city.
(d) 
The lien is inferior only to:
(1) 
Tax liens; and
(2) 
Liens for street improvements.
(e) 
The city may bring a suit for foreclosure in the same name [sic] of the city to recover the expenditures and interest due.
(f) 
The statement of expenses or a certified copy of the statement is prima facie [proof] of the expenses incurred by the city in doing the work or making the improvements.
(g) 
The remedy provided by this section is in addition to the remedy provided by section 6.03.037.
(h) 
The city may foreclose a lien on property under this article in a proceeding relating to the property brought under V.T.C.A., Tax Code chapter 33, subchapter E (V.T.C.A., Tax Code section 33.91 et seq.).
(1967 Code, secs. 12-27, 13-16, 13-17; 1976 Code, sec. 34-86; Ordinance 974, sec. III, adopted 12/1/03; 2008 Code, sec. 34-86; Ordinance adopting 2020 Code)
(a) 
It shall be unlawful for the owner of any lot, building, house, establishment or premises in the city to allow any unsafe or unsanitary condition or any condition which is dangerous to the health and safety of the public to exist or remain thereon.
(b) 
Any such condition posing an immediate threat or danger to the health or safety of the public shall constitute violation of this division without further notice, and any person in violation of this section shall be guilty of a misdemeanor and upon conviction shall be subject to a fine as provided in section 1.01.009.
(1967 Code, sec. 13-18; 1976 Code, sec. 34-88; 2008 Code, sec. 34-87)