As used in this article, the following terms shall have the
meaning indicated below:
Brush.
Includes all trees or shrubbery under seven (7) feet in height
which are not cultivated or cared for by persons owning or controlling
the premises.
Building and shed.
Includes dangerous buildings and/or structures of all types
and materials that exist on any parcel or lot of real estate in the
city that is calculated to be a fire or health hazard, or liable to
endanger the life or harm or injure persons, or that may be harmful
or endanger property of other persons, and/or violate the health and
laws of decency, or which attracts rodents, skunks, snakes, mosquitoes,
insects or any other vermin or pests.
Lot or parcel of real estate.
Includes, in addition to those grounds with their respective
boundaries, all lots or parcels of ground lying and being adjacent
thereto or extending beyond the property line of any such lot or parcel
of real estate to the curbline of abutting city streets where a curbline
has been established and eleven (11) feet beyond the property line
where no curbline has been established and also the center of adjacent
alleys.
Washer and dryer machines.
Any type of machine used for the washing and/or drying of
clothing, dishes, silverware, glass, pots, pans, utensils, bed linens,
covers, drapes, rugs, towels, etc.
Weeds.
Includes all rank and/or uncultivated vegetable growth or
matter which has grown to more than nine inches in height, or which,
regardless of height, is liable to become an unwholesome or a decaying
mass or breeding place for mosquitoes or vermin.
(Ordinance 212-B sec. I, adopted 6/21/07; Ordinance adopting Code)
(a) Whenever
and wherever there is situated or there exists on any lot or parcel
of real estate within the corporate limits of the city:
(1) Any refrigerators, deep freeze boxes, washer and dryer machines,
heating and cooking stoves, air conditioners and/or any other appliances
or objects; or
(2) Weeds, brush and/or trees, and/or rubbish, and any and all other
objectionable, unsightly, or unsanitary matter of whatever nature.
(b) Exception to subsection
(a); properties that are more than two acres shall maintain a 50-foot-wide strip adjacent to any public street, right-of-way or adjacent to any lot that is occupied by a residence or business. The owner and tenant are responsible for maintaining the property from any adjacent street curbs to the back of their property. Any alley or right-of-way adjacent to their property must also be maintained.
(Ordinance 212-B sec. II, adopted 6/21/07; Ordinance 325, sec. 2, adopted 5/19/16; Ordinance 326 adopted 9/1/16; Ordinance adopting Code)
Whenever any such condition exists as set forth above in section
6.02.002 of this article, on any lot or parcel of real estate within the corporate limits of the city, then the code enforcement officer or city administrator or any other authorized officer or agent of the city shall notify the owner or person in control of any premises within the city on which trash, rubbish, discarded furniture, household appliances and/or objectionable, unsightly and unsanitary matter has accumulated and/or upon which weeds, brush and grass have grown to a height greater than ten (10) inches, to abate such nuisance within ten (10) days of such notice.
(Ordinance 212-B sec. III, adopted 6/21/07)
(a) A
written notice shall 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’s records; or
(3) If personal service cannot be obtained, notice may be given by:
(A) Publication at least once;
(B) Posting the notice on or near the front door of each building on
the property to which the violation relates; or
(C) 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 buildings.
(4) If a municipality mails a notice to a property owner in accordance with this 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.
(b) Annual notice.
After a property owner has been given
one (1) notice of violation on a lot, tract, or parcel of land, annual
notice may be given to the property owner. If the city opts to provide
annual notice, such notice shall be mailed to the owner at the address
recorded with the appraisal district and posted on the property. Once
the city has given such annual notice, no further notice shall be
required prior to abatement for that lot, tract, or parcel of land
for a one-year period. If the city does not receive notice in a change
of ownership, the city may abate any nuisance contained on the property
covered by this article without further notice and assess expenses
to the owner.
(Ordinance adopting Code)
(a) In the event the owner, tenant, or occupant, shall fail or refuse to abate said nuisance within the time required in section
6.02.004, the city may cause said nuisance to be abated; and when the same is done the city administrator shall compile the cost of such work done and improvements made in abating such nuisance, and shall charge such costs against the owner of such premises. A certified copy of such costs shall also be filed with the county clerk, and when the same is so filed, the city shall have a privileged lien upon such lot or parcel of real estate, second only to tax liens and liens for street improvements, to secure the expenditures so made and ten percent (10%) after the fixing of said lien, as aforesaid; and for any such expenditures and interest, as hereinbefore set out. Suit may be instituted to recover and foreclosure against the property in the name of the city, in any court of competent jurisdiction, and in any such suit or action, the statement of charges so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended on any such work or improvements. In addition, the city may recover 10% interest per annum on the amount of the judgment granted to the city, plus reasonable attorney fees, and costs of court.
(b) The cost of work done, repairs and/or improvements made to abate such nuisance, when performed by the city and its employees and equipment, shall be as provided in appendix
A to this code.
(c) The cost of work done and/or improvements made in abating such nuisance shall, when performed by private, independent contractors, be the actual cost to the city and an administrative fee as provided in appendix
A to this code per lot or parcel of land. Cost of the work done or improvements made in abating such nuisance shall, when performed by the city, be the charges listed above and administrative fee as provided in appendix
A to this code per lot or parcel of land. In addition, there will be a charge as provided for appendix
A to this code for inspection of the property by the building inspector, code enforcement officer, fire marshal, or city administrator.
(Ordinance 212-B sec. V, adopted 6/21/07)
(a) The
code enforcement office or city administrator may go upon property
and do or cause to be done the work necessary to obtain compliance
with this article without notice when:
(1) Weeds have grown higher than 48 inches; and
(2) Are an immediate danger to the health, life, or safety of any person.
(b) No later than the tenth day after the date the city causes the work to be done under this section, the city shall give notice to the property owner in the manner required by section
6.02.004.
(c) The
notice shall contain:
(1) An identification, which is not required to be a legal description,
of the property;
(2) A description of the violations of this section that occurred on
the property;
(3) A statement that the city abated the weeds;
(4) An itemized statement of the charges incurred by the city in doing
or in having such work done as necessary to bring the real property
into compliance with this section; and
(5) An explanation of the property owner’s right to request an
administrative hearing about the city’s abatement of the weeds.
(d) The
municipal court judge shall conduct an administrative hearing on the
abatement of the 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 administrator 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 as provided in section
6.02.005.
(g) The
provisions of this section shall be enforced by the code enforcement
officer and city administrator, and it shall be unlawful for any person
to interfere with or hinder such persons in the exercise of their
duties under this section.
(h) Penalties.
(1) Any person violating or failing to comply with any provision or requirement
of this section who continues to violate or fails to comply with such
after seven days after notice is given and received as set forth herein,
shall also be deemed guilty of a class C misdemeanor and, upon conviction
thereof, shall be fined. A separate offense shall be deemed committed
upon each day during or on which a violation or failure to comply
occurs or continues to occur.
(2) Notwithstanding the provisions of subsection
(1) of this section, any violation of any provision of this section which constitutes an immediate danger or threat to the health, safety and welfare of the public may be enjoined in a suit brought by the town for such purpose.
(3) In addition to any other remedies or penalties contained in this
section, the town may enforce the provisions of this section pursuant
to the applicable provisions of chapter 54 of the Texas Local Government
Code, as amended, which chapter provides for the enforcement of municipal
ordinances.
(4) Allegation and evidence of a culpable mental state is not required
for the proof of an offense defined by this section.
(Ordinance adopting Code)
Whenever any owner, tenant or occupant of any lot, or parcel of real estate within the corporate limits of the city has been notified by one of the city officials as provided above, in section
6.02.004, that a condition exists on said lot or parcel of real estate, and said condition has been declared to be a public nuisance by the governing ordinance; and if said owner, tenant, or occupant of any such premises fail to abate said nuisance as provided above in section
6.02.004; any city official, building inspector or fire marshal, or any person or persons, may file a complaint in the city corporation court, charging said owner, tenant or occupant with committing a misdemeanor, and as being in violation of this article, and upon conviction of such offense; thereafter, such owner, tenant, or occupant shall be fined in the sum not to exceed $500.00 plus costs of court, and said fine and costs may be added charges if a civil suit is filed against the property owner by the city, if the fine and costs are not paid.
(Ordinance 326 adopted 9/1/16)